The twentieth century bench and bar of Pennsylvania, volume II, Part 69

Author:
Publication date: 1903
Publisher: Chicago, H. C. Cooper, jr., bro. & co.
Number of Pages: 1180

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He eame to Philadelphia some years after- wards and entered the office of Nieolas Waln, and in 1773 he was admitted to the bar and soon beeame one of Philadelphia's greatest practitioners and advocates. More than his contemporaries, Mr. Lewis aequired a wide reputation. The chief reason for that was the faet that during the Revolutionary war and afterwards, Lewis was engaged in many treason eases, always for the defendant and generally with suceess. Philadelphia having been oeeupicd by the English army for near- ly a year, it offered the best school for trea- son cases in the whole eountry. It was in this sehool that Lewis learned his lesson and held his prominent position till the elose of the century. Mr. Lewis showed his fearless- ness and defense of right in the course of a proceeding before the district eourts of the United States. It was the ease of John Fries,

who had been tried before Mr. Justiee Ire- dell of the United States Supreme Court, and Judge Peters of the distriet eourt, on the charge of treason and had been eonvieted. A new trial was awarded. Mr. Justiee Chase and Judge Peters presided. Mr. Lewis and Mr. Dallas appeared for the prisoner. Be- fore proceeding, Mr. Justice Chase announeed that the eourt had made up its mind on the law of treason involved in the case, and in order not to be misunderstood, had redueed it to writing, and ordered copies of it to be furnished to the distriet attorney, the jury and counsel for the prisoner.

On the next morning Mr. Lewis announced that after solemn deliberation, le deelined to proeced as counsel for the prisoner, as the court had prejudged the case. Mr. Dal- las deelared to the same effeet.

The court said that counsel is not bound by the decisions but might eontest it. Mr. Lewis replied in a few vigorous words : "The court has prejudged the law of the ease; the opinion of the court has been deelared-after sueh a declaration the counsel ean have no hope of ehanging it-the impression of it must remain with the jury. The counsel therefore will not aet in behalf of the pris- oner."

Thereupon Judge Chase said that then with God's help the eourt would be counsel for the prisoner and would see that he had a fair trial. The trial proceeded and the prisoner was eonvieted and senteneed a see- ond time to death. He was afterwards par- doned, however, and impeachment proeeed- ings were brought against Judge Chase. The ease served a signal lesson to stimulate the sense of independence of the bar in uphold- ing all the rights of counsel and the aeeused in eriminal causes.

In appearance Mr. Lewis was six feet and more in height and very sparing in flesh. He had a good intellectual faee, but its ex- pression was lost beeause of the speetaeles which he always wore and by the altitude

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of his nose. It is said that the young gentle- men of the bar could draw a striking like- ness of Mr. Lewis by simply making an out- line of his nose. Mr. Lewis abominated the invention of pantaloons, and wore knee pants all his life. He also adhered to hair powder and the cue. Both of these changes in ap- parel Mr. Lewis rejected because they were adopted by the French Revolution. IIis fa- vorite forensie garb was a full suit of blaek and powdered hair. The antipathy of Mr. Lewis for the movement of the French Revo- lution lasted with him throughout life.

Mr. Lewis served several terms in the state legislature and displayed the great elo- quence and power in one oeeasion in defend- ing Chief Justice MeKean when a movement for impeaehing him was started by his polit- ieal opponents. This aet of Mr. Lewis was not on the ground of friendship, for he and the chief justice were not friends. It was simply a matter of duty and of justice with hin. Ile also rendered a distinguished serv- iee to his state by framing and proeuring the passage through the legislature, of the Act

Jared Ingersoll. We will speak of three other characters who flourished at the same time as William Lewis and were equally em- inent with him as members of the great legal fraternity of this city at the time of and a little while after the Revolution. They are Jared Ingersoll, Edward Tilghman and Alex- ander James Dallas. Jared Ingersoll eame to Philadelphia when he was a young man. Hle was born in New Haven, Connecticut, in 1750. His father was an eminent lawyer of that colony and was one of the agents of the colonies to England, associating with Ben-

janin Franklin and Richard Jackson in that mission. He sent his son, Jared, to England in 1774 to study law at the Temple. Jared stayed in Europe until 1778, leaving England for Franee at the outbreak of the Revolu- tionary war.

On his return to America, Jared Ingersoll came to Philadelphia and was admitted to the bar at the age of twenty-nine, and from that time until his death, followed his pro- fession in which he rapidly rose to the front ranks. Ingersoll was through life a close student of the law. He was also a consum- mate advocate. Though he was a great legal seholar, the great strength of Ingersoll was at the bar with an intelligent jury, and in- deed with any jury. Only second to that was his power with the court. Horace Bin- ney, in his "Leaders of the Old Bar," speaks of him as "without comparison the most efficient manager of an important jury trial among all the able men who were then at the bar of Philadelphia."

The most noted ease with which Ingersoll was eonneeted was the defense of Senator of 1780, abolishing slavery in the state. This - Blaunt from Tennessee in 1797, before the was the first law of its kind not only of this country but of any country in the world. United States Senate. Mr. A. J. Dallas was associated with him in that case. President His country seat was near the Falls of the Schuylkill, where he lived a seeluded life the last few years of his existence. He died at his home in 1821, in the seventieth year of his life. Adams had sent a message to Congress wherein he stated that the country was in danger, and aeeompanying his message he sent a letter written by Senator Blaunt, which had a tendeney to ineite the Indians to break their treaty with the government. The impeachment of the senator before the United States Senate followed. Ingersoll was suceessful in his defense of the senator, who, while aeting imprudently, probably never had any desire to bring war upon his eoun- try. The speech of Ingersoll in the defense of the aceused senator was the greatest ef- fort of his life and is one of the very best specimens of forensie eloquenee in the his- tory of our country.

In 1811 Governor Snyder, who was always desirous of making good appointments to

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office, had a vacaney in the office of attorney general. Governor Snyder was a Demoerat, but it so happened that there was no Demo- crat in Philadelphia who was fitted to hold that office, except Mr. A. J. Dallas, who was distriet attorney for the United States and preferred that position. The choice was, therefore, fixed upon Ingersoll, who, though a staunch Federalist, was not active in poli- ties and indeed would not allow anything to interfere with his praetiee. The only rep- resentative office he ever held was as a mem- ber of the convention which framed the eon- stitution of 1790. It was aseertained by friends of Mr. Ingersoll that he would aeeept the office of attorney general if it would be tendered to him, and aeeordingly, the next day, to his great surprise, a commission was handed to him appointing him attorney gen- eral of Pennsylvania. He had filled with en- tire satisfaction the same offiee under Gov- ernor MeKean, from 1791 to 1800. He held the office thus given to him until 1816, when he resigned and pursued his praetiee. In 1820 he was made president judge of the Distriet Court of Philadelphia, but held that position for the very short period of two years-his death eutting short his career on the beneh.

Edward Tilghman was born in Maryland in 1750, of an old and respectable family. He received his education at the Academy of Philadelphia, and received his training for the bar at the Middle Temple in England during the years 1771-1773. During his course he attended assiduously to the courts at Westminster Hall, taking notes of the ar- guments and decisions.

He returned to Philadelphia and was ad- mitted to the bar and continued to praetiee until his death in 1875. Mr. Tilghman had, by his early training and continuous work, acquired not only great learning, but the most accurate legal judgment of any lawyer of his day. In the branch of the law which had been a stumbling bloek to many an at-

torney, contingent remainders and exeeuto- ry devises, Mr. Tilghman was a perfeet mas- ter. Judge Dunean, a member of the Su- preme Court of Pennsylvania, once said "He knew no man who had this branch of the law so mueh at his fingers' ends. With all others with whom he had professional intereourse, it was the work of time and consideration to comprehend; but he took in with one glanee all the beauties of the most obseure and diffi- eult limitations. With him it was intuitive, and he eould untie the knot of a eontingent remainder or exeeutory devise as familiarly as he eould his garter." On the resignation of Edward Shippen, Governor MeKean offered the position of chief justice to Mr. Tilghman, but he deelined it and reeom- mended his kinsman, William Tilghman, for the appointment. The judges had great eon- fidenee in the learning and greatness of Mr. Tilghman and often expressed their appre- - eiation of his worth in unequivocal lan- guage. The words of Judge Dunean quoted above are perhaps the most notable example of their praise.

The wife of Mr. Tilghman was the daugh- ter of Benjamin Chew, the last chief justice before the Revolution. Mrs. Tilghman was of ill health, and often suffered extreme pain and illness. Her health was the constant solieitation of Mr. Tilghman. His last days were darkened by loss of fortune, and, what he most deeply regretted was that his wife had to forego so many of the luxuries to which she had been used all her life.

Mr. Tilghman died in 1815 at the age of sixty-five years. A more just estimate of Edward Tilghman cannot be given than was given in the notice of his death pub- lished in the papers and written by the pen of his great kinsman, Chief Justice William Tilghman. We quote a few sentences there- from. "The profession of the law was his choice and his subsequent eminenee proved that he had not mistaken his genius. He possessed a deep knowledge of its principles,

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and his sense of duty led him to a thorough investigation of facts in all his causes. His style of speaking was such as might be ex- pected from his turn of mind, unambitious of ornament, but commanding attention from its intrinsic weight. Regardless of passions, his arguments aimed at the head, and seldom missed the mark. In private life Mr. Tilgh- man was no less estimable than was his pro- fessional character. His temper was cheer- ful and benevolent, his friendship warm and steady, and his unshaken integrity has been proved on trying occasions."

Alexander J. Dallas is the first of a family of the same name that has been illustrious in our professoin from the time of the Revo- Intion until this day. Dallas was born in Jamaica and was of Scotch parentage. The first years of his life were spent in England. He was early thrown on his own resources, his father having died when the boy was only fifteen years old.

He studied law in the Temple in London, and came to Philadelphia in 1783 and two years afterwards was admitted to the bar of Philadelphia. Mr. Dallas adapted himself thoroughly to his new country and became identified with its literature and politics. In 1790 appeared his first volume of reports. This was the first report of decisions pub- lished in the United States with the excep- tion of a small volume published in Con- necticut. This volume of Dallas was fol- lowed by three other volumes. Thompson Westcott, in the Sunday Dispatch, 1875, thus describes the Dallas reports: "These cases not only contain the judgments and argu- ments before the Supreme Court, but many cases disposed of before the Revolution. They carry the reports back from 1807, when the first volume was published, to 1790. They contain the decisions of the Supreme Court, Iligh Court of Errors and Appeals and of the Courts of Common Pleas and of the United States courts in Pennsylvania."

A remarkable testimonial of the high

worth of the Dallas reports is to be found in a communication from Lord Mansfield to Chief Justice McKean, acknowledging re- ceipt of the books. He writes: "They do credit to the court, the bar and the reporter. They show readiness in practice, liberality in principles, strong reason and legal learn- ing. The method, too, is clear and the lan- guage plain."

In 1791 Dallas was appointed secretary of the commonwealth of Pennsylvania, which office he retained until 1801, when he was appointed by Jefferson United States district attorney. In 1814 Dallas became Secretary of the United States Treasury, and in 1815 he assumed the office of Secretary of War as well. In the following years, however, hic resigned from his public positions for the purpose of devoting himself to the practice of his profession. It was necessary for him to do so to recuperate his income, which had become impaired during the many years he was engaged in public life. He died in 1817. Hc had been engaged in a case at Trenton, and feeling that an old malady was coming upon him, he asked for a short delay, but, being obliged to continue his case, he did so, and on concluding it drove to his home in Philadelphia as fast as he could, where he died within a few hours after arriving.

The beginning of the century that is just past marks a new era in the history of our bar. In the few years just preceding and just succeeding the year 1800, there were admitted to this bar several men who have, through the greater part of the nineteenth century, done their work so well, and who were so eminently great, that the expression, "As great as a Philadelphia lawyer," has become a common saying among the people. Among those inen are Horace Binney, John Sergeant. Charles Chauncey and Peter S. Du Ponceau. We have chosen those men, although the list includes William Meridith the elder, Charles W. Hare, John B. Wal-

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laee, one of the editors of the Legal Intel- ligencer and the reporter of the United States Supreme Court reports of that time, Joseph Hopkinson, judge of the United States District Court for many years, whose name we have already mentioned, Charles J. Ingersoll, and others, who stood high in their profession and were honored and re- speeted in their community.

These men for the most part studied law in the offiees of these great lawyers whom we have mentioned, viz: Tilghman, Lewis, In- gersoll and William Rawle. For some time after their admission these gentlemen oeeu- pied an inferior position at the bar, thus: Mr. Sergeant was deputy prosceuting eoun- sel for the county, and Mr. Hopkinson was assistant distriet attorney of the United States. When the older leaders passed away these men took their places and maintained the reputation at the bar that their elders have made.

John Sergeant. Of the men mentioned, the one who was most conspicuous before the public was John Sergeant. He was born in Philadelphia in 1779, and was the son of Jonathan Diekerson Sergeant, an eminent lawyer of his day and attorney general for the commonwealth during the Revolutionary war from 1777 to 1782. John Sergeant grad- uated from Prineeton in 1795, studied law in the office of Jared Ingersoll, and was ad- mitted to the bar in 1799. He praetieed be- fore the bar upwards of forty years, and during twenty-five of those years he was the recognized leader of the bar.

In early life Mr. Sergeant had a deeided attraction for polities and for political posi- tion. He had deep interests in publie and politieal questions, and was strongly at- tached to the ineidents of publie life. In the number and variety of great public positions which he held and in which he took promi- nent part, he was certainly gratified. He was elected a member of the state legislature in 1805 and again in 1807 and 1808. In 1815

he was elected to Congress, where he served until 1822, when he declined re-election. During the momentous struggle in Congress over the question whether Missouri should be admitted as a free state or a slave state, Sergeant was the champion of the north and the leader of the forees against Calhoun and the leaders of the south. The result of the struggle was the Missouri Compromise. In 1832 he was chosen by the national conven- tion eandidate for the Vice Presideney as running mate of Henry Clay against An- drew Jackson. He was president of the Con stitutional eonvention in 1837, and served as a member of Congress in 1840 for one year. In 1847 he was seleeted on behalf of the United States as arbitrator to determine the controversey between the United States and the state of Delaware about the title of the Peapatch Island. In 1841 he declined an offer by President Harrison to become a member of the cabinet and a little later he deelined the office of Ambassador of Eng- land.

During all these years of politieal activity he gave his attendance to his extensive prae- tice at our courts. His first sueeess at the bar was in 1806, in a case before the Su- preme Court, entitled Bender vs. Fromber- ger. From that time he advaneed very rap- idly in his profession, and on the retirement of Mr. Binney from aetive praetiee, he be- eame the leader of our bar and retained that post until his death.

It was a peculiarity with Sergeant that if he had a colleague in a ease, he would allow his eolleague to look up the law and the authorities, and Sergeant, would lend his aid by his reasonings and suggestions. This oc- eurred in one ease with Mr. Binney, who un- fortunately was taken sick on the day when the ease eame up. Sergeant eame to court trusting that his opponent would give him material to argue on. His opponent, how- ever, after speaking for a short time, and not touching anything material to the cause, sat

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down. Sergeant did not gain mueh from his opponent. He made his defensive speech, however, which was diseursive, and had something to do with the ease, but was not directly pointed at the issue. In this manner he talked till the end of the day's session, and on the adjournment of the court went to his room, studied up the case and the next morning, in a short, clear and deeisive speech, he won his ease.

Sergeant died in 1852 in Philadelphia, at the age of seventy-three. The respeet with which he was held during the fifty-three years of his praetice at the bar was ex- pressed at a meeting of the bar which was held in Philadelphia on November 26 of that year in the United States Cirenit Court rooms. Judge Gibson presided at the meet- ing, and among other gentlemen Horaee Bin- ney spoke of the work and character of this great man.

Horace Binney, the friend of John Ser- geant and Charles Channeey, was born in 1780 at the Northern Liberties, which has since become a part of Philadelphia. His father, Barnabas Binney, was a surgeon in the Revolutionary army attached to the Massachusetts Line. Later he was trans- ferred to the Pennsylvania Line, and after the war he also transferred his residence to Pennsylvania and practiced medicine in this city. Horace attended sehool at the Univer- sity of Pennsylvania, but his sehool eareer here was eut short by the death of his father in 1787.

Several years after that his mother mar- ried Dr. Springs of Watertown, Massaehu- setts, and Horace went to live with his step- father. He was sent to a boarding sehool in the vicinity, but did not stay long, being convinced that his new master was not eom- petent to give him instruetion in Greek. On the first day that he entered the sehool, he was given a lesson in the Greek Testament to translate. He did not get very far when his teacher interrupted him, telling him that

his translation was wrong, and giving what he considered the right translation. Hor- ace, however, insisted that he was right and the teaeher rebuked him. "Is this your Philadelphia manners?" he asked. "It is my Philadelphia Greek, sir!" the scholar re- plied.

In 1793 Horaee entered Harvard College and graduated with first honors. In 1797 he eame to Philadelphia to make his perma- nent home, and entered the office of Jared Ingersoll, thus preparing himself for the bar. During the years when he was reeeiving his education, Mr. Binney had a deeided prefer- enee to medieine, and all his reading, not of a elassieal nature, was on medicine. But his step-father, who was his friend from the day Binney first went to live with hin, dissuaded him from taking up that profession. It was, therefore, after some hesitation between a mercantile and a legal career that Binney chose the latter. When he entered the office of Mr. Ingersoll, John B. Wallace, who after- wards married his sister, and John Sergeant were among his fellow students. Mr. Binney was admitted to the bar in 1801.

His sueeess in obtaining a practice did not come speedily. For the first six years his elientelle was very meager. He himself has said that during those years, if he had had to depend upon his praetiee for a living, he would have had a very meager supply of the necessities of life.

In 1804 Binney was elected to the state legislature for one term, and at the end thereof he deelined a re-election. While in the legislature one or two memorials from the Philadelphia Chambers of Commeree and one for the incorporation of the United States Insurance Company were committed to his charge. He managed the trust so eom- mitted to him in such a satisfactory manner that, at the close of his term, a great deal of business from these two sourees came to him. The following incident that oeeurred about that time is related by Mr. Binney in his

Hor: Birinap 1 .

From the painting in the possession of the Law Association of Philadelphia.

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"Leaders of the Bar:" One day the presi- dent of an insurance company eame to his office and gave him a retainer to argue the case on behalf of the company before the Supreme Court of the state. The plaintiff himself, Joseph R. Ingersoll and Jared Inger- soll, Binney's preceptor, were to appear on the other side. Binney asked his elient if the eompany would not engage an associate. The president said, "No, no one else will be re- tained." Mr. Binney argued and won his eause and when next seeing his elient, he asked him why he was so short in refusing him a colleague in the case. The president answered that he had done as he was told. Edward Tilghman, who was one of the ref- erees in the eause, had told him to retain Binney and had said, "Put it on his shoul- ders and make him earry it. It will do him good."'

This ease fairly launched Mr. Binney in his profession. The next several years saw a great deal of insurance business placed in his eare, and his business inereased with great rapidity. Soon after returning from the legislature, Binney was asked by Chief Justice Tilghman if he would not undertake to report the eases of the Supreme Court. Mr. Binney, although having a large prae- tice and pressed for time, undertook the task and published the six volumes of reports that bear his name, eovering the period from 1799 to 1814.

In 1807 Binney's professional engagements were very large, and in 1815 he was in pos- session of all that the profession of law has in store for those who follow it, both in the size and importance of his praetiee and in the emoluments he derived therefrom. The leaders of the bar who held sway when he entered the arena were in a great degree gone, and with the exception of Chauneey and Sergeant. Binney was almost without a rival. During those years of active practice Mr. Binney did not let any politieal or judi- cial office interfere with his professional ea-

reer. He refused twice a seat in the Su- preme Court of Pennsylvania, and at least once he refused a commission to be a judge of the Supreme Court of the United States.

In 1830, on account of unusual exertions, his health had become impaired, and he de- sired to withdraw gradually from active practice. He was elected to Congress in 1832 and served only one term. After that he returned to Philadelphia and retired from all professional practice in the courts. In 1836 he went to Europe, and only onee after that did he appear in court as an advocate. ITe continued, however, to give opinions in his office until 1850, when he withdrew from all professional labor.

In 1844, by appointment of the city eoun- eil, Binney argued before the Supreme Court of the United States, the Girard will case. This ease involved the trust created by the will of Mr. Girard, to establish a college for orphans. The ease had been argued at the previous term by John Sergeant, and a re- argument was ordered. Mr. Binney ap- peared and argued the ease in behalf of the city. Opposed to him in the ease were Wal- ter Jones of Washington and Daniel Web- ster. To prepare himself more thoroughly, Binney went to England to master the law of publie charities. Binney's argument was a masterpiece. It has remained the wonder and admiration of the legal profession in this country, and, to some extent, in Eng- land. His defense of Stephen Girard from infidelity was a choiee piece of polemie and forensie oratory. In the words of a corre- spondent of the New York Herald, "Mr. Binney is making his argument in the Girard will case. Like a ponderous serew, it is slow- ly but surely deseending, and is destined to erush everything beneath it." This ease formed a fitting close to the long and honor- able professional eareer of Mr. Binney. It was the last time he appeared in court.

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The twentieth century bench and bar of Pennsylvania, volume II, Part 69

Author: Publication date: 1903 Publisher: Chicago, H. C. Cooper, jr., bro. & co. Number of Pages: 1180

Author:
Publication date: 1903
Publisher: Chicago, H. C. Cooper, jr., bro. & co.
Number of Pages: 1180