History of Philadelphia, 1609-1884, Part 160

Author: Scharf, J. Thomas (John Thomas), 1843-1898. cn; Westcott, Thompson, 1820-1888, joint author
Publication date: 1884
Publisher: Philadelphia, Pa. : L. H. Everts & Co.
Number of Pages: 992

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In general terms it can be said of him that no Philadelphian to-day stands higher in the estima- tion of his fellow-citizens, whether as a courteous gentleman, a ripe scholar, or a sound lawyer. This opinion was but voiced by the late Chief Justice Sharswood, at the banquet given in the latter's honor, on Dec. 20, 1882, upon his retirement from the benchi of the Supreme Court. In concluding an address replete with learning and reminiscence Judge Shars- wood said, "I will ask your indulgence for a few moments longer, while I express the gratification I feel at being honored with the presence here of the venerable gentleman who sits by my side. Mr. Eli K. Price was the chairman of the committee by whom I was examined for admission to the bar more than fifty-one years ago. His examination was a thorough one, for then, as now, everything which it was his duty to do was done well. I have no doubt I made a great many mistakes, but he was kind and consider- ate enough not to correct them. We all know how laborious, useful, and honorable his long publo and professional life has been, and he is still bearing tru t in old age as sound and ripe as ever "

Ilenry Baldwin, born in Connecticut, removel while young to Pennsylvania, and after studyiby under Alexander J. Dallas, was adı ittel to, Mpe bar in 1798. He practiced for severa years susfully at Pittsburgh, and while there served in Congress.

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HISTORY OF PHILADELPHIA.

On the death of Judge Washington, Baldwin was whether there would have been his equal. As a criminal lawyer he had no judicial competitor." appointed his successor, and it was on his very first appearance at Trenton, when about to take his posi- John Cadwalader, judge of the United States Dis- trict Court for the Eastern District of Pennsylvania, tion upon the bench of the Circuit Court, that he used expressions that effectually put an end to the was born at No. 172 Chestnut Street, near Eighth, time-honored custom of receiving the judges by the April 1, 1805, and resided there with his father, and at No. 266 Chestnut Street, until the latter, about 1815, bought the mansion of Maj. David Lenox at | the southeast corner of Ninth and Arch Streets. He graduated at the University of Pennsylvania, in the department of arts, in 1821. He afterward studied law under Horace Binney, and was admitted to the bar Sept. 30, 1825. He at once took a high position as a lawyer, and was particularly distinguished for the thoroughness, accuracy, and variety of his learning. and his success as a counselor. He was in active and profitable practice for many years, and was justly con- sidered one of the foremost among the leaders of the bar. marshal and his suite with their insignia, and being conducted to the court. When he came out of his lodgings he said, in pretended simplicity, "Why, what's the matter, boys? What are you doing with all these sticks?" The old bar, so long accustomed to the decorous usages set up hy their forefathers, saw with sadness their sudden ludicrous overthrow, and at first it was feared that the mantle of his illus- trious predecessor had not fallen upon him except as a mere occupant of the seat that had been vacated. From this judgment, however, he was able to rise by the exhibition of talents quite superior to what had been known of him in this eastern portion of the State, and an amiability and generosity quite unex- A strong Democrat from the time of General Jaek- son, Mr. Cadwalader took rank among the prominent men of that party, and sustained his faith consistently amid all the changes of opinion which gradually turned many of his early associates to the Whig party, and finally to the Republican party. He was elected a member of Congress on the Democratic ticket for the Fifth Congressional District, composed of a portion of Philadelphia and Montgomery Counties, in 1855, and served in the House of Representatives at Wash- ) ington for a single term. Upon the death of Judge John K. Kane, Mr. Cadwalader was appointed to the vacancy in the United States District Court by Presi- pected from so rude a beginning. He was also found to be a man of great integrity, and though apparently sometimes too anxious to have and to know that he had the favorable opinions of others, yet never con- descending to unworthy arts to obtain them. The "Forum" thus speaks of him : "A kinder and more conciliatory judge, and one who had stronger sympa- thies for the bar, or tenderer consideration for its youthful aspirants, rarely, if ever, graced any bench. . . . He was not, perhaps, calculated to shine in the circles of fashionable life, although his manners were exemplary ; but he was calculated to shine in those higher spheres in which mere fashionable life never , dent Buchanan, April 24, 1858. Under his adminis- showed itself. ... He had been brought up in a rough school, but there was still much unction in his manners. It could hardly be otherwise, from his nat- urally amiable feelings. That is a merit which edu- cation rarely gives, and still more rarely takes away." He died in 1844. tration the admiralty practice of the court, which in- creased immensely during the war of the Rebellion, and by the improvement in our foreign and domestic commerce, became more thoroughly than it ever had been before a science, settled in doctrine by the admirable character of bis decisions and the pro- foundness of his learning.

Edward King, quite unexpectedly to those who had seen him at the bar, where he had not devoted himself Thomas Kittera came to Philadelphia with his to close study, became eminent in spite of the want of | father in 1801. He was admitted to the bar March 8, 1808, and died in the year 1834. As he was never mar- ried, he was the last male member of the family. Mr. Kittera's office and residence were on Walnut Street, between Fifth and Sixth (being No. 140 old style), and it was here that Judge Conrad (whose full name was Robert Taylor Conrad) acquired his legal educa- tion, and possibly his taste for poetry and literature ; for Mr. Kittera was a man of fine ability, and his reputation for literary, as well as for legal knowledge, still lives among the older members of the bar.

very considerable preliminary preparation. Raised to the presidency of the Common Pleas in 1825, to the surprise of all, even the bar, he became one of the ablest and most notable judges that ever sat in that court. "He proved," says the " Forum," "take him for all in all, perhaps the best judge that ever occupied that bench since it was first created, so far as regarded its criminal jurisdiction, and at least equal to any in the civil department of his judicial duties. His charges to the jury exhibited great per- spicuity and strength, and his written opinions during a period of more than twenty years were indicative of much research, discrimination, and power. If his firmness had been equal to his legal learning, cer- tainly no judge of the Common P'leas in Pennsyl- vania would have been entitled to a loftier position than he richly merited. Indeed, it is doubtful

Peter A. Browne, admitted March 7, 1803, was in active practice for many years, during which he was prominent in public affairs as captain of a company of volunteers, and as a member of the Franklin Institute, in the service of which he was very earnest. He projected the Arcade building, on Chestnut Street, and the Chinese pagoda, at

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THE BENCH AND BAR.

Fairmount. He gradually dropped away from law to science. He became interested in geology, and gave a great deal of attention to the subject of the texture and peculiarities of hair and wool. His last public appearance as a lawyer was upon the trial of James Wood for the murder of his daughter, in September, 1839, and of Singleton Mercer for the murder of Heberton Hutchinson, at Woodbury, N. J., in March, 1843. In those cases Mr. Browne brought forward, for the first time in the courts of Pennsylvania or New Jersey, the doctrine of " emotional insanity," a novelty to the law previous to that time. In both instances his clients were acquitted.

Thomas Burnside, who was an asso- ciate judge of the Supreme Court of Pennsylvania from 1845 to 1858, was admitted to the Philadelphia bar Feb. 4, 1804. He left the city afterward, and during many years as a lawyer and judge in the interior of Pennsylvania, had made himself known quite as much by the solidity of his judgment and his simple common sense as by his eccen- tricities. He was a good lawyer, but an oddity as a judge, succeeding in this re- gard to the reputation of Brackenridge. He died March 25, 1851, aged sixty- eight years.

John Swift, admitted March 16, 1811, became well known in connection with military affairs as captain of one of the companies of Washington Guards, col- onel of regiment of militia, and candi- date for brigadier-general against Col. Robert Patterson. He was also a prison inspector and mayor of the city. He held the latter office, altogether, eleven years, but not consecutively. He was mayor from 1832 to 1837, from 1839 to 1841, and from 1845 to 1849. At a late period of his life he was alderman of the Eighth Ward,-from 1855 to 1865. Mr. Swift-" Col. John Swift," as he was usually called-was prominent in politi- cal matters ; originally as a Federalist, and afterward as a Clay Whig. He was a man of great courage and of earnest convictions, a most forcible political speaker, and the object of warm and devoted admiration and friend- ship by his political associates. He died June 9, 1873.

Nicholas Biddle was admitted to practice June 3, 1811. He was scarcely known as a lawyer, although he seems to have kept an office at No. 181 Chestnut Street. He devoted himself more especially to liter- ature, art, and finance. He was a member of the State Legislature in 1810-11, State senator in 1814, director of the United States Bank in 1819, was pres- ident of that institution from 1823 to 1836, and was president of the United States Bank of Pennsylvania

from 1836 to 1839. As a speaker Mr. Bildle was ele- gant and scholarly. His tastes were classic, and his diction was pure and pleasing. He died Feb. 27, 1844.

Benjamin R. Morgan, admitted to the bar in 1785, became one of the law judges of the District Court in 1821. He died Nov. 19, 1840, aged seventy-six years.

Joseph B. McKean, admitted Sept. 10, 1785, was the son of Governor Thomas Mckean, and somewhat conspicuous in politics at various periods. He was appointed associate law judge of the District Court,

WMiddle

together with Joseph Hemphill, in April, 1817. He became senior law judge in the next year, and con- tinued to preside in that court until October, 1-26. when he was succeeded by Judge Hallowell.

Gouverneur Morris, who was admitted to the Priva delphia bar in 1781, practiced law in l'holadephia for some years. A native of New York, born i 1752, he had been conspicuous in the ponteal alairs of that province. He was a delegate | trom New York of the Provincial Congress of 1775. He was a mem- ber of the Continental Congress, sitting at Philadel- phia, from 1777 to 1780. In the latter year he took

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HISTORY OF PHILADELPHIA.

up his residence in this city, and was a member from Pennsylvania of the Convention that framed the Con- stitution of the United States. He was United States minister to France from 1792 to 1794, and United States senator from New York from 1800 to 1808.

James M. Porter, admitted April 24, 1813, prac- ticed law in this city for a short time, after which he went to Easton, Northampton Co. He was a member of the Constitutional Convention in 1838, and was president judge of the Twelfth Judicial District, and afterward of the Twenty-second Judicial District. He died at Easton, Nov. 11, 1862.

William J. Duane, admitted June 13, 1815, came into the profession in his thirty-fifth year, having previously been a printer, a paper dealer, and an editor. He was the friend and counsel of Stephen Girard, was one of the executors under his will, and was subsequently a director of Girard College. In the line of his profession he was prosecuting attorney in the Quarter Sessions for two or three years. Presi- dent Jackson appointed him Secretary of the Treas- ury in 1833, and removed him from that office on the 23d of September of the same year, because he refused to order the removal of the government de- posits from the Bank of the United States, upon being commanded to do so. He died Sept. 27, 1865.

James Page, admitted March 16, 1816, was con- spicuous for many years in public affairs, and was personally popular. He was a volunteer during the war of 1812, and afterward became captain of the State Fencibles, a company which survived for many years others which were established about the same time. He was also at one time colonel of a volun- teer regiment. In politics he was a Democrat, and possessed considerable influence in his party. He was postmaster of Philadelphia from 1833 to 1841, county treasurer from 1842 to 1844, collector of cus- toms from 1746 to 1849, and a member of Seleet Council for the Fifth Ward from 1866 to 1868. He died April 6, 1875, aged eighty years.

Since the death of Horaee Binney, in 1875, James J. Barclay has been the senior member of the Phila- delphia bar, and as such is held in the highest esteem. He was born in this city on Jan. 15, 1794 ; his father, John Barclay, was a merchant and at one time mayor of Philadelphia. He was quite young when he grad- uated at the University of Pennsylvania, after which he studied law with James Gibson, and was admitted to the bar in 1815. In the mean time, however, he had served during the war of 1812, and in Camp Du- pont gained his military experience to a large extent. After the close of the war he devoted himself to his profession and to those philanthropic labors which have always distinguished him. He was not am- bitious of public office, but did for a time serve as a member and afterward as president of the Board of School Control before the consolidation of the city. His writings, though not voluminous, have always been valuable, and one of his publications, " A Me-

morial of Abraham Hutton," contains, it is said, the best history of institutions for the deaf and dumb ever given to the public. He is a great lover of books and pamphlets, and his collection is one of the largest in the city. Since the date of the foundation of the House of Refuge, in 1826, he has been one of the founders and co-workers in that institution, and for forty-eight years its president. Not the House of Refuge alone, but other institutions have profited by his philanthropic labors, the public appreciation of which was so justly expressed on the anniversary of his ninetieth birthday, at a public reception given in his honor at the House of Refuge on Jan. 15, 1884. Upon that occasion, surrounded by those whom he had seen grow up about him, his past and present col- leagues, intellectual men and fair women-by the best people in Philadelphia-he received the sincere con- gratulations of them all. It was a quaint, impressive, and dignified sight, this gathering of wealth, learning, enterprise, and beauty, all in turn speaking kind words, and calling up the history of the past to this old man, who bore with modesty and grace the almost reverential tokens of regard that it was considered a privilege to convey. A number of addresses were delivered during the evening, and the Hon. Eli K. Price, who is but three years Mr. Barclay's junior, and the next oldest member of the Philadelphia bar, paid the aged philanthropist a beautiful tribute. He said, Mr. Barclay " has lived all his life as God wills that man should live. He has been with him and cared for him, and, after a fuller measure of years and happiness, will gently and lovingly take him to Himself."

Charles Chauncey, Jr., was a leading member of the bar for half a century. He was a son of Charles Chauncey, LL.D., State's attorney in Connecticut in 1776, and judge of the Superior Court of that State from 1789 to 1793. Charles Chauncey, Jr., was born at New Haven, Conn., Aug. 17, 1777. He studied law there, came to Pennsylvania about 1798, aud was admitted to the Philadelphia bar Jan. 7, 1799. He held no public office of importance, but as a counselor and lawyer held a place with Binney, the Sergeants, the Ingersolls, and the other lights of the bar. He died at Wilmington, on the 30th of August, 1839.

James Thompson, elected associate justice of the Supreme Court of Pennsylvania Oct. 13, 1857, was not a resident of Philadelphia until after he went upon the bench of the Supreme Court. He became chief justice in 1867, and held that dignified position until the end of his term, in 1872. He died in the Supreme Court room while arguing a case, Jan. 27, 1874, aged sixty-eight years. He was emphatically a great lawyer, with manners affable and pleasant, which made him popular. He was born in Middlesex, But- ler Co., Pa., Oct. 1, 1806, learned the trade of a printer, became a journalist, studied law, and was admitted to the bar in 1829. Engaging in politics, he was a mem-

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ber of the Legislature from Venango and Warren Counties in 1832-34, and in the latter year was Speaker of the House of Representatives. He was appointed judge of the Erie District Court in 1839, and served until 1845. In the latter year he was elected a member of Congress. He held that office until 1851, and was a member of the Legislature again in 1855.

St. George Tucker Campbell, a nephew of George M. Dallas, studied law with his uncle, and was ad- mitted to the Philadelphia bar July 6, 1835. For twenty-five years he was in successful practice, which was incessant, and which finally brought about the usual effects of overwork. As an advocate, Mr. Camp- bell was remarkable for quickness of perception and energy in presenting his views. His speeches and arguments were usually short, but he had the facts so concentrated and clas- sified that sophistry was swept away, and the clear- est statements presented to courts and juries. In cross-examination Mr. Campbell was so sharp and aggressive that no untruthful witness could successfully resist the im- petuosity of his attacks. He retired from active practice on account ot impaired health several years before his death, which occurred March 20, 1874, when he was in the sixtieth year of his age.

Among the lawyers ad- mitted in 1800 were Hor- ace Binney, March 31st, the Nestor of the Ameri- can bar. He was a son of Dr. Barnabas Binney, and was born in Philadelphia, Jan. 4, 1780. He was a mem- ber of the Assembly of Pennsylvania for the session of 1806-7, and a member of Congress for the Second District as representative of the anti-Jackson party for a single term from 1833 to 1835. He was presi- dent of Common Council in 1810-11 and 1811-12, and a member of Select Council from 1816 to 1819. He gave but little time to public office, and was more interested in his practice, which in the course of years became very valuable. Ile died Aug. 12, 1875. One of his most celebrated cases was that of Vidal rs. The City of Philadelphia, before the Supreme Court of the United States, in which the meaning of Ste- phen Girard's will was the subject of the adjudica- tion.

Elihu Chauncey, who was admitted to the bar on 98

HORACE BINNEY.

the 31st of April, 1800, ocupied for man; your- a position of great respectability in the profession, but he never held public office.

Richard Peters, Jr., son of Judge Richard Peters, was admitted to the bar Dec. 2, 1800. He was never in extensive practice before the courts ; but as a re- porter of the decisions of the courts of the United States-Supreme, Circuit, and District-he was very industrious. His contributions to that branch of legal learning are comprised in thirty volumes, and he gave some attention to the editing of a few text- books. He was United States district attorney from 1813 to 1815. He died May 2, 1848.

William Morris Meredith, who was admitted Dec. 16, 1817, was in after-years, by the unanimous agree- ment of the profession, for a long time at the head of the bar. He was a man of extraordinary legal learning, of great quick- ness of apprehension, and of solid judgment. As a speaker he was straight- forward and terse. He had remarkable ability in grasping facts and in establishing from them the real points at issue. With all this, he would have been a dull advocate if it had not been for a wonderful play of humor which he possessed, and which was available as well in illustration of an abstruse theory as in as- sisting him to bridge over the weak points of his case. He was the son of William Meredith, who had been city solicitor in 1808-9, 1811-13, and in 1815, and who in after- life was for many years president of the Schuylkill Bank. William M. Mere- dith made his way slowly, and was for some years in very moderate practice. He was a member of the Legislature 1824-28, a member of Select Coun- eil of Philadelphia 1833-49, was president of that body from 1834 to the end of the term, 1845-49, and was United States district attorney 1\41-42. He was also Secretary of the Treasury of the United States 1849-50, member of the Constitutional C'on- vention of Pennsylvania in 1×37, attorney-general of Pennsylvania 1861-67, and was a member and presi- dent of the Constitutional Convention of Pennsy va- nia in 1873. He died Aug. 17, 1873, aged seventy- four years.

The first law-student of William M. Meredith was Richard Vaux, at present 11884) one of the most

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distinguished lawyers and citizens of Philadelphia. Mr. Vaux was born in this city, on Arch Street, above Second, Dec. 19, 1816. His grandfather, born in England, went to San Domingo, and from thenee came to Philadelphia. He married a Miss Roberts, . asking him when he was about to sail for Europe, as granddaughter of the first "Hugh" Roberts. Roh- erts Vaux, the father of Richard, was born in this eity, and was one of the authors of the present school system of Pennsylvania, and aided in drawing the first act of Assembly passed on the subject. He was instrumental in indueing Governor Wolf to present the matter in his annual message, and was afterward, for fourteen years, the first president of the Board of Controllers of Publie Schools of Philadelphia. It was Roberts Vaux, also, who was the first to suggest that the object of imprisoning eriminals should he their reformation rather than their punishment, and, with this end in view, to propose separate confine- ment and humanizing in- fluences. After repeated rebuffs the State gave its approval, and the Eastern Penitentiary was remod- eled on the plan of sepa- rate confinement. Roberts Vaux was also one of the founders of the Deaf and Dumb and of the Blind Institutions, of the His- torieal Society of Penn- sylvania, and of kindred societies. Upon the sub- jeet of prison discipline Chevalier Wikoff, in his " Reminiscences of an Idler," pays a hearty tri- bute to Roberts Vaux, and writes further : "The novel attempt to improve the condition of malefae- WILLIAM M. MEREDITH. tors made a sensation in Europe, and France sent over Messrs. De Tocqueville and De Beaumont, England Mr. Crawford, and Prussia Dr. Julius to examine and report on the two systems. All these eminent persons pronounced in favor of the cellular system of Roberts Vaux, which was forthwith introduced into their respective countries." Roberts Vaux, although not a lawyer, was a judge. He was appointed associate upon the bench of the Common Pleas, Oct. 30, 1835, and held that honorable commis- sion until his death, Jan. 8, 1836. He was the last lay judge of that court.

Richard Vaux was educated almost exclusively by his father, Roberts, with the aid of private tutors, whom the latter selected and supervised. After he had finished his course of studies he began the study of law, becoming, as hefore stated, the first law-student

of William M. Meredith. When but twenty years of age young Vaux was admitted to the bar, and very shortly afterward he received a note from John For- sythe, Secretary of State under President Van Buren,

he understood that such a trip was contemplated. Pursuing the correspondence that ensued, Secretary Forsythe sent the young attorney a written request to take charge of a package, to be handed to him the night before the day of sailing, and to be delivered to the American legation in London. In due course of time the package was placed in the possession of Andrew Stevenson, of Virginia, United States minis- ter to England, father of ex-Senator Stevenson, of Kentucky. Having done this, young Vaux was de- livering some private letters to Mrs. Stevenson when the minister entered the rooni, and to his young friend's surprise, said, "Come down stairs, sir; I have made you secretary of legation ad interim. One of the dispatches that you brought to this office direets the present sec- retary to report to one of the Continental courts, and you must fill the va- cancy." The young man protested, but in vain, for the honor was thrust upon him. Heremained in the position until his succes- sor, Benjamin Rush, was sent from the United States in the following year, when he went on the continent. After a long trip, in which he won attention and admiration everywhere by the bril- lianey of his conversation and his charms of per- | son, Richard Vanx returned to London, when Mr. Stevenson insisted on his remaining as the minister's private secretary, which position he continued to oc- cupy until 1839. In October, 1839, he turned his baek on the attractions of monarchical governments, and re- turned to Philadelphia, to find himself already nomi- nated for the Legislature by the Democrats of the Ninth Ward of the "old" city. The Whig majority in the ward was very large, and the result was obvious, even at the time of his nomination.

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History of Philadelphia, 1609-1884, Part 160

Author: Scharf, J. Thomas (John Thomas), 1843-1898. cn; Westcott, Thompson, 1820-1888, joint author Publication date: 1884 Publisher: Philadelphia, Pa. : L. H. Everts & Co. Number of Pages: 992

Author: Scharf, J. Thomas (John Thomas), 1843-1898. cn; Westcott, Thompson, 1820-1888, joint author
Publication date: 1884
Publisher: Philadelphia, Pa. : L. H. Everts & Co.
Number of Pages: 992