History of Philadelphia, 1609-1884, Part 161

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 1842 he was appointed by the Supreme Court inspector of the Eastern Penitentiary; and bringing to bear on the subject involved the love of prison re- form he inherited from his father, has won for him- self the reputation of being one of the leading penol- ogists of the world. He has served as inspector for

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forty-four years, and during that time has prepared many volumes on the subject of penology, in all of which his theory of hereditary crime occupies a prominent place. Among the principal papers writ- ten by him on this subject are "Penal, an Ele- ment in Social Science;" "Crime-Cause ;" Short Talks on Crime-Cause and Convict Punishment ;" " The Convict, his Punishment, and How Best Ap- plied ;" " The Penalties and Prison-Life of American Convicts ;" and "Short Sketch of the Eastern State Penitentiary." At the United States Congress of Delegates convened to consider Prison Subjects, held at St. Louis, Mr. Vaux was elected president, and in the following year a similar congress met at New York, over which he was also chosen to preside.

Owing to his ability in the discussion of penology and other phases of social science, he has been elected a member of the American Philosophical Society.

It was on the 4th of March, 1840, that he first attended a State convention, the Democratic del- egates gathering in Harrisburg. There was a very bitter fight between the Van Buren and Johnson ele- ments, and in the committee that was appointed on Mr. Vaux's motion to harmonize the convention, Simon Cameron, Hendrick B. Wright, Morrow B. Lowry, John W. Forney, Mr. Vanamridge, and Richard Vaux sat together. After this he began the practice of law, but in August, 1841, was ap- pointed recorder of the city. He would not have accepted the office had not the Whig Councils, im- mediately after the appointment of this pronounced Democrat, removed from the recorder all salary and other emoluments, leaving but the bare office. This opposition determined his course, and for seven years he filled the position with an acceptability that gained for him a name as recorder that exists to this day. He published a legal volume entitled "Recorders' De- cisions," that is now a legal treasure.

About this time in the old city the Whigs were still largely in the majority, but in 1842 the Demo- crats induced Richard Vaux to lead their forlorn hope. He was defeated by John M. Scott, but he cut down the regular Whig majority. In 1845 he was again renominated, Swift being the Whig candidate, and Peter A. Browne the nominee of the Native American party. Swift was elected, but Vaux polled a larger vote than Browne. Overtures were then made for Mr. Vaux to again become a candidate, with the understanding that he would receive the indorsement of the Native Americans.

"Never, while I live," he said, "will I put my name to auy principle which attempts to interfere with the religious views of any citizens."

" Simply consent, sir," said the committee, " not to place any but native Americans on the police force."

He indignantly refused, but the Democrats nomi- nated him in 1854 by the Crawford County system, and the Native Americans accomplished his defeat,

Robert T. Conrad being made mayor_ Thi- aroused all the ire in Mr. Vaux's nature. Twice he had been defeated on outside issues that he had no connection with. The day following that of election he stood on the State-House steps, and with a shake of his head, and in roaring tones, announced himself as again a candidate. Ile was nominated, too, when convention day came around, and in 1856 he was made mayor, defeating Henry D. Moore.

The city was consolidated in 1854, and on Mayor Vaux devolved the formulation of many of the laws governing the newly-organized municipality His police force was such a model one that his successor, a political opponent, retained its chief and many of its lieutenants. It was no infrequent thing for the bluff Democratic mayor to disguise himself and walk around the streets until two and three o'clock in the morning, to see that his officers were awake and con- ducting themselves properly. He was renominated for mayor by the Democrats, but owing to the Lecompton compromise matter being dragged into the canvass, he was defeated by Alexander Henry.

The mayoralty was the last public elective position which he occupied. After his retirement from this office he was made a director of Girard College, and became president of the board on the retirement of Morton McMichael, and served in that capacity until parties changed, and a successor from the majority party was chosen. The Democratic State Convention nominated him as an elector-at-large with tien. Keim, of Reading, in the Presidential contest when Douglas, Breckinridge, and Lincoln were candidates. Again, in the Mcclellan canvass, he was also nominated by the Democratic party of the State as an elector-at-large with Mr. Johnson, of Cambria County. In 1875, the State Legislature having failed to make an apportionment of congressional districts, he was nominated by the State convention as a candidate for congressman-at-large, together with James H. Hopkins, of Pittsburgh, and Col. H. B. Wright, of Wilkesbarre.

Although Mr. Vaux has held no other public offices than those named, yet he has for years held, and still continues to hold, intimate relations with the leaders of his party, and several times of late lans been officially identified with the party's manage- ment. In his political sympathies and beliefs Mr. Vaux is never equivocal. Ile is popularly known as the " Bourbon of Bourbons." This designation, the application of which excites no resentment, 14 thus defined by him : "The Bourbons-I mean the nhl-e as applied to American politics are those who be - lieve in State rights and the delegated limited power- of the Federal government, and who hold that the powers of sovereignty in the Federal government granted by the States is the first instance on rec r l in any history where sovereignty has been so parte l with by the sovereign."

For over forty years Mr. Vaux has been a Free-

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mason. He was elected Grand Master of Masons of Pennsylvania, and served nearly three years, He is regarded as an authority in Masonic jurisprudence.

As a public speaker, at the bar, on the rostrum, or in the field of politics, he has made a high reputation. For a lifetime he has been addressing public assem- blages, from New Hampshire to Kentucky, and in his own State has, probably, been more frequently invited to make political speeches than any other private citizen.

The personal characteristics of the man whom his friends sometimes-though in respect-speak of as " the Bourbon war-horse" are difficult to describe forty-six years. plainly without causing misunderstanding to arise in John M. Read, admitted Sept. 7, 1818, was the son of John Read, who was city solicitor 1810-11, 1818- 20. John M. Read was a member of the Legislature for the city, elected on the Federal ticket, 1823-25 ; city solicitor, 1830-31; United States district attor- ney, 1837-41 ; attorney-general of Pennsylvania from June 23d to December, 1846; associate justice of the the minds of those not acquainted with them. He has the noble face, tawny locks, and flowing mane of the king of the forest. His hair, which is now bespotted with gray, hangs in a tangled mass over his brow and down his back. He has a full beard and moustache of silken gray, but the full dimen- sious of the former are concealed, and he gives the , Supreme Court of Pennsylvania, 1858-72; and chief impression of wearing side-whiskers by having that justice, 1872-73. He died Nov. 29, 1874, aged seventy- seven years. portion of the beard which springs from the chin tied together and hidden beneath his clothing. John Purdon, Jr., the author of " Purdon's Digest," was admitted April 28, 1806. His compilations were very useful. He died Oct. 3, 1835. Vigorous physical exercise leaves him in his sixty- eighth year with a robust health that many young men envy. Even at this time of life an ice-cold bath Thomas F. Gordon, who was admitted Sept. 16, 1806, was clerk of the Orphans' Court from 1818 to 1821. He was the author of a history of Pennsylva- nia, a very useful book ; also of histories of New Jer- sey, America, ancient Mexico, and a gazetteer of New Jersey, Pennsylvania, and New York. He died at Beverly, N. J., Jan. 11, 1860. at five o'clock on a winter's morning is a necessary prelude to breakfast. Until recently he never en- tered a street-car. He never carried an umbrella for his own protection, and he has never worn an overcoat. A few years ago he did yield sufficiently to the force of life's tempest to permit him to wear a heavy cloak in very rainy weather, and now he pays tribute to the William Rawle, Jr., who was admitted May 21. 1810, was associated with Thomas Sergeant in the preparation of "Sergeant and Rawle's Reports." storm in the shape of a gossamer rubber coat. Ile is fast in his friendships, devoted to his principles, unswerving in his beliefs, emphatic in his opinions, impregnated with the Democracy. He has led an active political life of over forty years, and yet no one can point to an act of his and say that its motive was not as stainless as the Arctic snow.

In 1841, Mr. Vaux married Miss Waln, of this city, and has two sons and four daughters, some of whom are married.

Thomas Mckean l'ettit was admitted April 13, 1818. He did some service as deputy prosecuting attorney. He was city solicitor in 1820, member of the Assembly in 1830, member of Select Council in 1831, assistant judge of the District Court in 1832, and was president judge of that court in 1835-45. He was also United States district attorney in 1845- 49, and director of the United States Mint, April +, 1853. 1Ie held the latter office less than two months. He died May 30, 1853, in the fifty-sixth year of his age.

Archibald Randall, admitted April 13, 1818, was for some years with John R. Vogdes. admitted 1820, a member of probably the first law-partnership established in the city. Randall & Vogdes were in business for some years. Archibald Randall was ap- pointed law associate in the Court of Common Pleas, Jan. 23, 1834. In March, 1842, he received the ap- pointment of judge of the District Court of the United States for the Eastern District in place of Thomas Bradford, who was appointed by President Tyler to succeed Judge Joseph Hopkinson, but was rejected by the Senate. Randall died May 30, 1846, aged

Joel B. Sutherland, admitted March 30, 1819, plunged boldly into politics, and was almost con- tiuually in office until within a few years of his death. He was a physician before he studied law, and obtained his medical degree from the University of Pennsyl- vania. He was Lazaretto physician, 1816-17. As a politician Joel B. Sutherland was best known. He was a member of the Legislature, 1821-25; State senator for the county, 1825-27; member of Congress for the First District from 1827-37 ; and judge of the

Samuel Rush, admitted Feb. 15, 1817, represented the commonwealth as deputy attorney-general in various courts. He was recorder of the city, and , Common Pleas, 1833-34. In Congress he was chair- presided in the Mayor's Court in 1838-41. He died in 1859, aged sixty-four years.

man of the Committee of Commerce for some years. He was the author of a "Manual of Parliamentary Practice," for the government of Congress, which was founded upon that of Jefferson, and was for many years a great book of reference and authority in par- liamentary usages. Dr. Sutherland was for a short time deputy prosecuting attorney for the county of Philadelphia. He died Nov. 15, 1861, aged seventy years.

Thomas S. Bell, admitted April 14. 1821, removed to Chester County shortly afterward. He was ap- pointed president judge of the Common Pleas of

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Chester County, May 16, 1839, and held that position until he was appointed justice of the Supreme Court, Nov. 18, 1846. He died June 6, 1861, aged sixty years.

Joseph McIlvaine, admitted Oct. 3, 1821, was re- corder of the city of Philadelphia from Aug. 19, 1829, to 1835.

Henry D. Gilpin, admitted Nov. 14, 1822, was United States district attorney frem 1832 to 1837. In the latter year he was appointed solicitor of the United States Treasury, when he removed to Washı- ington. In 1840 he was appointed Attorney-General of the United States. He published a volume of "Reports," "Opinions of Attorney-Generals of the United States," supervised the publication of "The Madison Papers," wrote biographies, discourses, and addresses, and prepared, as well, contributions to light literature. He died Dec. 29, 1859.

John H. Campbell, admitted Feb. I, 1823, was quietly engaged in practice for many years. He was elected a member of Congress for the Third District in 1845, and served one term.

Joseph M. Doran, admitted April 3, 1824, was judge of the Court of General Sessions which succeeded the Court of Criminal Sessions from March 20, 1840, until the time when the court was abolished by act of As- sembly of Feb. 3, 1843. Doran was in moderate practice, and most successful in criminal cases. He was a man of rare humor, and his addresses to juries were enlivened not so much by sarcasm as by an unctuons ridicule of description or comparison which was always enjoyable.

John Bouvier, admitted April 10, 1824, is well known to the profession as the author of a "Law Dictionary," published in 1839; "The Institutes of American Law," 1851; and as the editor of an edition of "Bacon's Abridgment." The son of a French Quaker, and himself' a native of France, he came to this country in 1802 with his father. He was em- ployed in a book-store, and edited and published a newspaper at Uniontown, in Fayette County. He was first admitted to the bar of that county. He was re- corder of the city of Philadelphia from Jan. 9, 1836, to March, 1838. When the Mayor's Court was abol- ished by the act of Assembly of March 19, 1838, Re- corder Bouvier was made judge of the Court of Crim- inal Sessions, which was established in its place. He held that position until the tribunal was abolished by the act of Assembly of Feb. 25, 1840, which created the Court of General Sessions. He died Nov. 18, 1851.

John K. Kane, admitted April 8, 1817, was a mem- ber of the Legislature for the city of Philadelphia in 1824-25 ; city solicitor in 1829-30; and attorney-gen- eral of Pennsylvania in 1845, which he held for a year. In 1846 he was appointed judge of the United States District Court, to succeed Judge Archibald Randall, and discharged the duties of that office with learning and dignity until his death, which took place Feb. 21, 1858.

John Wurts, who was admitted Och # 1816, de- voted some time to politics. He was a member of Congress from the First District in 1825-27.

In the history of Philadelphia there are several families fortunate in possession of several individuals who have risen to eminence. Like the Ilamiltons, Sergeants, and Ingersolls, so were the Dallases. In George Mifflin was ably sustained the fame won by his father, Alexander James. Born at Philadelphia, July 10, 1792, he received his last academic training at Princeton, where he graduated in 1810, with the highest honor of his class. He read law in the office of his father, and while yet a young man began to take an interest in politics, attaching himself, as did his father, to the principles formulated by Thomas Jefferson. He was admitted to the bar before he was quite of age, as a special favor of the court, and at once set off as secretary to Mr. Gallatin, who, with Mr. Bayard, proceeded to join the United States min- ister at St. l'etersburg. His subsequent career in the political history of the country is well known, and forms not a part of these sketches. In spite of the time devoted to politics, he made rapid rise in his profession. For at least he loved his profession more than politics, and the offices he held in the latter were devolved upon him more because of the great confi- dence the people of his State had in his abilities and integrity than for the sake of his own secking. Charles J. Biddle, in his eulogy, pronounced Feb. 11, 1865, says of him, "He sought ne office that would withdraw him from his profession. In the line of it he held several important positions. . . . He was deputy attorney-general for the city of Philadelphia, district attorney of the United States, solicitor of the Bank of the United States, commissioner of bank- ruptey, attorney-general for the State of Pennsylvania, solictor of the county of Philadelphia. He declined the office of Attorney-General of the United States, which was offered to him by President Van Buren. In 1828 he was elected mayor of Philadelphia. But though the duties, less onerous than now, did not interfere much with his practice, he soon resigned the office."

So when he retired from the Vice-Presidency, in 1848, he went back with alaerity to his profession. His rank in the profession was among the very highest in every quality becoming a lawyer. A higher compliment in the matter of professional courtesy and kindness could not be paid than the following from Mr. Biddle's address : " A friend, who was probably as often as any one his junior in ini- portant eases, tells me he never was with any semor who took so full a share of the labor lle adds a remark so happy that I give it in his own words 'Mr. Dallas seemed always to have in his mind an oath of professional olliee, to behave with all good fidelity as well to the court as to the client, to use no falsehood nor delay any person's cause for luere or malice.""

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A very interesting work is that entitled " A Series leaders of the Philadelphia bar. He was admitted to active practice on Oct. 7, 1841.

of Letters from London written during the years 1856 -60." The preface to these letters is so modest and tasteful that we insert it. "There were many inci- dents connected with the post of American minister in London, from 1856 to 1861, which may be usefully, and perhaps not disagreeably, recalled from the ob- livion into which they must otherwise hasten. To do this, no departure from the reticence lastingly exacted by diplomatic function is necessary. A book in which the scenes and conversations of Paris, at the outbreak of the Revolution of 1848, are portrayed by a British diplomat, was doubtfully received, because this reserve was in a measure disregarded. The ex- ample should be followed with watchful self-restraint." The life of his father remained in manuscript for very many years, but has at last been printed, and it evinces that had the life of the author been devoted to literature, he must have become very eminent. large number of Mr. Dallas' speeches are to be found in print. We make yet another quotation from the beautiful address of Mr. Biddle: "Living mainly by the practice of law in a commercial city, he did not hesitate, on two important subjects, to run counter to what were thought to be its interests. Through life he was the champion of the poorer many rather than the richer few. Yet no man was more refined and cultivated in his tastes, nor more adapted to the elegant enjoyments that may spring from the good use of wealth. He had none of the morbid sensibility that cloisters itself from contact with the world. He was one of those who seek tran- quillity,-not in solitary retreats, but in their own hearts, made calın by culture, religion, and phil- osophy."

From the date of his admission to the bar his zeal in the profession of his choice knew no respite. While he underwent the testing experiences and vicissitudes which naturally come to the young ad- vocate, no matter how tireless his ambition or how broad his fitness for his work, yet he persevered with indomitable energy, laying wide and stead- fast the foundation of a remunerative practice and an honorable professional career. His first appear- ance in the Supreme Court of Pennsylvania was on April 19, 1849, when he successfully argued the case of Blight v8. Schenck (10 Barr, 285). In the follow- ing year, in December, he argued his first case in the Supreme Court of the United States, Gayler v8. Wilder (10 Howard, 477), on which Daniel Webster was upon the opposite side, Mr. Cuyler having been admitted to the bar of the United States Supreme Court on Dec. 30, 1845. During his long and varied professional career he was identified as leading counsel in scores of important cases, including many a cause celebre, and an attempt to catalogue them would result in a reproduction of much technical material from the State and Federal Law Reports for an extended period of years. While the com- piling of such a catalogue would be neither practi- cable nor profitable, yet there were in his practice a number of cases of general and even of international importance which are worth noting. One of these was the noted Christiana treason case, tried in the Circuit Court of the United States in November, 1851, in which Castner Hanway, and thirty-seven other residents of Lancaster County, Pa., were tried on the charge of high treason. Their dereliction lay in the fact that they had declined to assist a United States deputy marshal in capturing two fugitive slaves who had escaped from Maryland. Another important case in which he was counsel was that of Henry Hertz, indicted and tried in the Circuit Court of the United States for enlisting soldiers in Phila- delphia to serve in the British army in the Crimean war.

Another distinguished member of the modern bar was Theodore Cuyler, who was born at Pough- keepsie, N. Y., on Sept. 14, 1819. He was the eldest son, and third child, of the Rev. Dr. Cornelius C. and Eleanor (De Graff) Cuyler, and was a descendant of two of the oldest families of that State. The Rev. Dr. Cuyler was the pastor of the Reformed Dutch Church at Poughkeepsie, then the only church in the village ; and here the son passed the first fourteen years of his However, Mr. Cuyler's fame as a lawyer is derived chiefly from the great corporation cases in which he was counsel, many of the fundamental legal princi- ples now prevailing, as applied to corporate rights and liabilities, having been established in the adjudi- cation of the cases with which he was connected. On April 15, 1857, he was elected solietor at Philadelphia of the Pennsylvania Railroad Company. In 1869, upon the reorganization of its legal department, he became the general counsel of that corporation, and he served it faithfully and zealously to the close of his life. As an advocate, he had but few equals at the bar. Whether he appeared to greater advantage at Nisi Prius or before the court in banc it is difficult to say. He was, perhaps, equally felicitous and forci- life. However, in the spring of 1834, Dr. Cuyler having accepted the pastorate of the Second Presby- terian Church of Philadelphia, the family removed to the Quaker city ; and here it was that Theodore Cuyler acquired the learning and culture which enabled him to make so indelible an impress upon the city's thought and progress ; and bere it was that his long life of effectual achievement, of untiring endeavor, and of well-merited honor, was lived ont to its full consummation. In September, 1834, Mr. Cuyler was matriculated at the University of Pennsylvania as a member of the class of 1838. He was graduated in July of the latter year, third in his class. Not long after his graduation he was registered as a student of law in the office of Charles Chauncey, then one of the i ble in his masterly examinations and cross-examina-

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tions, and in his forensic appeals to an enraptured jury on the one hand, and in his brilliant exposition of abstruse legal principle before an attentive court on the other.

While devoting himself assiduously to his profes- sional duties, through the long and honorable period of his practice, he yet found time to do the city and State good service. His first public office was that of director of public schools. He occupied this position for some years before 1856. On the 6th of May of that year he was chosen a member of Select Council from the Eighth Ward, and was successively re- elected in 1858 and 1860. His third term ceased on Dec. 31, 1862, when he voluntarily retired, having declined a further re-election. His associates during his six years of service numbered, among others, John Welsh, George M. Wharton, William Bradford, Archi- bald McIntyre, W. Heyward Drayton, John Price Wetherill, Daniel M. Fox, and other eminent citizens. On the 10th of May, 1860, while serving his last term, he was unanimously elected president of the chamber, and he continued to preside over its deliberations until he retired from the body.

He was also one of the original commissioners of Fairmount Park, serving with great zeal and acceptability until the close of his life. On Oct. 8, 1872, he was elected one of the delegates-at-large from Philadelphia to the Convention called to amend the Constitution of the State. He served with dili- gence and great distinction through the one hundred and seventeen days in which the Convention was in session, Even a cursory examination of the debates of the Convention will clearly exhibit the prominent position which he attained and maintained in that body, and the ability which he displayed in aiding in the formulation of many of the vital principles now embodied in the organic law of the State.

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History of Philadelphia, 1609-1884, Part 161

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