USA > Vermont > Orleans County > Biography of the bar of Orleans county, Vermont > Part 10
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knew him well at Coventry, "He was a man of much native talent and ability, and was considered a good judge of law. He was not gifted as an advocate, and his practice was more particularly the trial of justice cases and in preparing cases for trial in the county court. He represented the town of Coventry in the legislature as a whig in 1832 and again in 1834, was state's attorney for the county for the years 1836 and 1837, and was once the member of the con- stitutional convention from Coventry."
DANIEL F. KIMBALL.
T 'HE subject of this sketch was born at Bath, N. H., August 20, 1809. He was next to the youngest son of Isaac and Dorcus (Hubbard) Kimball. Mr. Kimball moved to Irasburgh, Orleans county, Vt., early in the history of that town, and settled on a farm on what is known as "Morrill Hill." Here young Kim- ball lived, attending the district school winters and summers also, until he was large enough to take his place in the field. He had an opportunity to attend the academy at Brownington occasionally a term, and also the academy at Hartland, Vt., for a while. In this way he succeeded in obtaining a very good common school educa- tion, with some knowledge of the higher branches. He pursued the study of the law with Elisha H. Starkweather at Irasburgh, and was admitted to the bar of Orleans county at the September term, A. D. 1831, and soon afterward commenced practice at South Troy village, and very soon young Kimball had secured a good liv- ing business. But then, as now, large numbers of all classes were taking up their march westward, and every mail brought tidings of the rich acres and grand opportunities in the then new states of Iowa and Wisconsin. Consequently in 1839, Mr. Kimball went to Wisconsin and settled at Janesville. He at once opened an office, and engaged in the practice of his profession to some extent, but the locating of government land and trafficking in the same was much of the business of all that section and quite lucrative, and became quite a share of his business until his decease, which took place at Janesville. Before leaving Vermont he married Miss Eunice Penniman of Boston, who also died at Janesville. They never had any children.
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CARLOS BAXTER.
C ARLOS BAXTER was born at Brownington, Orleans county, Vt., January 15, 1809. His father was Hon. William Baxter, a prominent lawyer of Orleans county, whose biography is given in this volume. After receiving an academical education, he became a student in Norwich University during the administration of Capt. Alden Partridge, and remained there until he entered the University ·of Vermont in 1826, which institution he left at the end of his sophomore year and entered Union College, where he graduated in 1830. Adopting the law as his profession, he attended lectures at Cambridge, Mass .- among those of the same class was Charles Sumner-and afterwards at New Haven, Conn. Upon his return to Vermont he was examined with great credit to himself, and admitted to the bar of Orleans county December 28, 1832, and soon located at Burlington.
Possessed of an ample fortune he did not long follow the law, but engaged in extensive business projects, and was at one time largely identified with the manufacturing interests of Burlington and Winooski, being one of the original stockholders of the Bur- lington woolen mill. To most worthy enterprises he was generous, and always took a deep interest in public affairs. An ardent whig, he was elected representative from Burlington in 1840, that most exciting year in the history of American politics, and many there arc that remember well "O. K. 99," the memorable words which announced his majority. He was re-elected in 1841, and was an influential member of the general assembly. Of strong anti-slavery convictions, he joined the republican party at its organization, and was made in 1862 the first collector of internal revenue for that congressional district, an office which he acceptably filled and held.
Mr. Baxter was a man of large stature and fine presence. He had many eccentricities, yet he always enjoyed the respect of his fellow-citizens, and was loved in the society of his friends. He had a good mind, was fond of books, and possessed much independence of thought and action.
He was a man of strict integrity, kind to the poor, and did many charitable acts which the world knew little of.
Mr. Baxter was the younger brother of Hon. Portus Baxter, for several years the representative of the old third district in congress.
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He married a daughter of E. H. Deming of Burlington, who died many years since. He had five children, of whom three daughters survive him-Ann Eliza, wife of Rev. J. Isham Bliss, Caroline M., wife of Hon. B. B. Smalley, and Miss Frances A. Baxter. After leaving the office of collector of revenue his health gradually failed him until 1870 when he was prostrated by a shock of paralysis, and in 1874 he had another and fatal attack.
LEVI B. VILAS.
From History of Bench and Bar of Wisconsin.
A MONG the many distinguished members of the early bar of Wisconsin who have passed from earth to be succeeded by a new generation in the profession, no one was marked by stronger powers, or more characteristic virtues, in his professional and pri- vate life than the late Judge Levi B. Vilas of Madison.
Judge Vilas was born February 25, 1811, in Sterling, Lamoille county, Vt., a rugged section well calculated to develop the physical and intellectual strength, and the integrity, industry and ability which so impressed his character, and distinguished him in all his work in life. He was ambitious in his youth, and having received an academic education, entered upon a collegiate course of instruc- tion, but, by too persistent and constant application to his studies, his health became impaired, and he was compelled to forego the completion of his collegiate course. After a thorough study of the law, to which he devoted himself with his usual energy and indus- try, he was admitted to the bar at St. Albans, Vt., in 1833, and practiced his profession at Morristown, Johnson and Chelsea in that state, for a period of eighteen years. At the start he took a leading position at the bar, and during all this time he enjoyed a large and lucrative practice, extending throughout the state. En- countering an able, learned and accomplished bar, he diligently applied himself to his work, and won and maintained a professional reputation for ability, integrity, and learning of the highest order, which gave him a conspicuous place in the front rank of the most eminent members of the bar. The reports of the supreme court of that state during the period of his practice there attest the extensiveness of his business, the varied character of the legal
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questions which he argued in the causes in that court in which he was engaged, and bear witness to the great ability, learning, and energy with which he presented and argued them in that tribunal, then noted and distinguished for the eminent and able jurists who filled and adorned its bench.
Judge Vilas at an early age took part in politics, and was chosen to many positions of trust and honor in his native state. In 1835 he was elected from Johnson to the state constitutional convention, and represented that town in the legislature in 1836 and 1837, and in the latter year was elected by the legislature one of the state commissioners of the deaf, dumb and blind, and during the same period he held the office of judge of probate. He removed to Chelsea in 1838, and represented that town in the legislature in 1840, 1841, 1842 and 1843, during which time he served on the judiciary committee, the last year as its chairman. He was elected state senator from Orange county in 1845, and re-elected in 1846, in which year he was unanimously chosen president pro tempore of the senate, although the senators of his political party were but a small minority of that body. He also held the office of judge of probate in Orange county for three years, and in 1850 represented Chelsea in the state constitutional convention. In 1844 he was the democratic candidate for congress against Jacob Collamer, and in 1848 was supported by the democrats of the legislature for United States senator against William Upham, but was defeated for these high offices, as his political party was in the minority in that state.
In 1851 Judge Vilas removed with his family to Wisconsin, and settled at Madison, where he continued to reside until his death. Here he at once took the high position as a citizen to which his abilities, experience, and reputation entitled him. Having acquired a comfortable fortune, he retired in 1856 from the field of profes- sional labor, and never again resumed the practice of the law. He represented the Madison assembly district in the legislature in the years 1855, 1868 and 1873, during which time he zealously labored for the advancement of the welfare of his constituents, and faith- fully represented and promoted the interests of his district, and in the last year of his service as a member of the assembly received the votes of the democratic members for speaker of the assembly. He was elected mayor of the city of Madison in April, 1861, with- out opposition, and held that office for one year, in the discharge
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of which trust he exhibited the same qualities of firmness, inde- pendence, integrity, and ability which distinguished him in the administration of every duty, public or private, which he assumed. He was appointed by Gov. Salomon draft commissioner in the war for the union in 1862, and discharged the peculiarly difficult duties of that position with such ability and impartiality as to receive the approval and commendation of all parties. He was a firm and con- sistent friend of the cause of liberal education, and, in a service of twelve years as a regent of the State University, ably and loyally supported and encouraged the friends of that institution, and labored diligently, persistently, and effectively during the trying times of its early life and history, to establish and maintain the university on a firm basis, and to make it what it was designed and intended to be by the act of congress granting the lands for its support and maintenance. In proof of his steadfast devotion to the university, he gave to it for instruction, discipline, and training in its halls of learning his five sons, all of whom pursued there their collegiate course, and graduated with honor to themselves and to the institution.
Judge Vilas possessed a strong physical organization, and, until a short time before his death, enjoyed robust health. His personal presence was fine and commanding. His powers of mind, naturally active and vigorous, improved and developed by thorough discipline and generous training, impelled by an ardent and almost vehement, though not impulsive temperament, and supported by a strength of will and persistency of purpose that faltered at no obstacles and yielded to no opposition, united with a cool, clear, and discriminat- ing judgment, which led him to quickly, but carefully and consid- erately, examine and decide all questions which were submitted to his determination, made him a strong, able, and positive man, sure and sound in his conclusions, an able, safe and successful counselor, and in public and private life a man of great usefulness, power and influence. In all the public and private enterprises which affected the interests of the community in which he dwelt, he was foremost among their promoters and advocates, discouraged at no obstacles which to many seemed insuperable, but combating and overcoming all apparent difficulties by his sagacity, energy, and strength of will, which seemed to gain new force and vigor by encountering opposition, he never rested from his work until success was extri-
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cated from apparent defeat, and the object and purpose sought to be obtained were successfully accomplished. Nor was he only lib- eral in his labors for the accomplishment of such purpose; he also contributed generously from his means to give success to the enter- prises which he advocated, and for which he labored to advance the interests and promote the welfare of the city in which he had his home.
He was strict and punctilious in meeting and performing all his duties and obligations, public or private, and required a like degree of promptness and fidelity from others. All his dealings in the affairs of life were guided and marked by unswerving integrity and unwavering fidelity to duty, and he had little tolerance for a disre- gard of those principles and qualities by others. He believed that infidelity to public trust was moral treason to the state; and in his performance of the duties pertaining to a long list of important public trusts committed to his care, during a long and useful life, his fidelity, integrity, and patriotism as a citizen and public servant were so conspicuously exhibited, that they were universally conceded to be beyond question and above the breath of suspicion.
In 1837 he was married to Esther G. Smilie, a daughter of Nathan Smilie of Cambridge, Vt., a lady of rare character and possessed of marked womanly power and accomplishments, whose counsel and prudent judgment, with remarkable gentleness and grace of man- ner, united with strength of character, greatly aided him in all his successful work.
Judge Vilas was essentially a kind-hearted man. His home was broad and generous, and he was faithful to the interests and require- ments of his family, and careful and liberal in the education and training of his children, to whose proper and rational development and success he was devoted. He was kind to his neighbors, and cordial, genial, and hospitable to his friends and acquaintances. He was fond of society, and in conversation entertaining and instruct- ive. His society was attractive, not only on account of the solidity of his judgment and the breadth of his information, but for his keen appreciation and remarkable power of illustration by appro- priate anecdote and story. He was a careful observer of events and a keen judge of men and character, quickly and intuitively forming his judgment, and rarely failing in the correctness of his conclusions, and his opinion upon all practical questions of business
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in public or private concerns was always received and regarded with the greatest respect and consideration.
He was kind and sympathetic to the poor, cheerfully lending a helping hand to those whom he found worthy of assistance, and many an unfortunate poor person in the city of his residence remem- bers with gratitude the timely succor and encouragement afforded him by Judge Vilas when aid was necessary to success.
In his religious views Judge Vilas was intelligent, broad and liberal. He had read and carefully studied the scriptures, and few men were more familiar than he with their teachings, lessons and examples. But he read and regarded them with a broad and philo- sophical spirit as sacred history, to be interpreted and understood in the light of reason and philosophy, unfettered in his judgment or appreciation of their teachings or information by any narrow view, and without an attempt to warp or bend them to fit any pre- conceived theory or plan. Although he was a member of no church organization, he was firm and unshaken in his belief in the existence of a divine creator, and showed in all the acts and dealings of his daily life his appreciation of his responsibility and duty. His religion was manifested in the morality and uprightness of his life. and dealings with all men.
He died at his home in Madison on February 6, 1879, universally mourned by the community. His widow and five children survive him. The action taken after his death by the civic authorities of that city, the legislature of the state, and by the supreme court, and the private grief of his numerous warm personal friends throughout the state, attest the high regard in which he was held by them during life, and their keen appreciation of the loss sus- tained by his sudden and premature death. His remains were interred in Forest Hill cemetery near Madison, the scene of the labors of his latter life.
SEBASTIAN F. TAYLOR.
T "HE life of Judge Taylor, like that of many others, whose rep- utations are founded upon success in the practice of the law, presents no events of prominent or startling interest. His position was not won in a day, and I cannot look back to any particular era in his life as the beginning of his success or as its culminating
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point. It has been the result of no single achievement, but of a life marked by untiring industry and unimpeached integrity, and illustrated by piety, philanthropy, and commanding talent. Judge Taylor was born at South Hero, Grand Isle county, Vt., December 24, 1808, and was the son of David and Helen (Phelps) Taylor. His father was a physician and surgeon, and served as such in the war of 1812. Soon after the war he deceased, leaving a widow and nine children in almost destitute circumstances.
Our subject attended the schools of his native island until he was about twelve years of age, when he was bound out to a black- smith. From the first, work at the bellows and anvil was extremely distasteful to him, and he soon left it and engaged to carry the mail from his native island to Burlington in a row boat. He was natu- rally a student, and as he had opportunity was continually reading and studying, and he soon began to teach school in the districts of the county. He studied law, and was admitted to the bar about 1832, and immediately commenced practice at Greensboro, in the county of Orleans. In 1833 he was married to Judith Kelley, daughter of Erastus Kelley of Peacham, Vt., and in 1835 removed to Conneaut, Ohio, and opened an office for the practice of the law. He early took an interest in political matters, and in 1840 was especially active in support of Gen. Harrison, the whig candidate for president. The next year he was chosen a representative from Ashtabula county to the state legislature, and was one of the whig members who, in a body, resigned their seats in 1842, as the only means of defeating the scandalous "gerrymander " of congressional districts proposed by the democratic majority. In 1843 Judge Tay- lor removed to Milan, where he remained until 1866, when he removed to Sandusky, which was his place of residence until his death. In 1856 he was elected judge of common pleas for the sub- division embracing Ottawa, Huron, and Erie counties, and was re-elected in 1861. After his term of office expired he resumed the practice of his profession, and continued diligently at work until near his death, which occurred October 1, 1882. Judge Tay- lor was a man remarkable for different characteristics ; first of all was conscientious fidelity to conviction. Few men are found more true to duty, regardless of personal consequences, than was he. Hence he had a position on every question that divided his fellow- citizens, and that position was rarely wrong. Especially in matters
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of morals and religion was he early and prominent in defense of what his judgment decided to be right. The cause of temperance ever enlisted his earnest support. Throughout his active life he was a Christian, adorning his profession with a consistent record. As a lawyer he was faithful alike to his client and the right, care- fully discouraging cases which his judgment could not approve as just.
He was industrious to a high degree, and painstaking to the utmost detail of business entrusted to him. As a judge his service was highly acceptable, his ability, watchfulness, and patient bearing co-operating to the satisfaction of bar and litigants. He was a friend true and faithful, whose consistency was proverbial.
ELBRIDGE GERRY JOHNSON.
From an Address delivered in the Circuit Court of Peoria, Ill., by Judge Henry B. Hopkins, in memory of the late Elbridge G. Johnson.
E LBRIDGE GERRY JOHNSON was born at Bath, N. H., December 14, 1814, and was the youngest but one of a family of twelve children, who all died before him except Moses, the youngest, who still resides on the home farm at Bath.
The father was a stalwart, strong-minded, well-to-do New Eng- land farmer. He owned and cultivated a square mile of the pic- turesque, rugged, and stony soil of Bath, and counted upon his family of boys to man it. They were largely endowed with the brain and muscle of the young New Englander of the olden time, and the father saw in them only the possibilities of the thrifty, honest yeomanry of the future. In this respect they generally filled the parental ambition, but not so with Elbridge G. His boyish mind became thoughtful, and turned to books and study more than to building stone-wall, swinging the grain cradle, the sickle and scythe, and the kindred arts of primitive husbandry. In this he found neither aid nor comfort from his father, but he was quietly aided and abetted by his mother and sisters. He worked on the farm until he was fourteen years old, but always under protest. A noble-hearted old Scotch Presbyterian clergyman, whom I well remember, (Elder Southerland), used to bring him books and foster his young ambition for learning. The boy's determination to pre-
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pare himself for professional life met with so little sympathy that he was obliged to leave home, without aid or blessing, to qualify himself as best he could.
At that time the adjacent portions of the townships of Peacham, Barnet and Ryegate, in Caledonia county, Vt., were settled by a colony of Scotch Presbyterians, called Covenanters, and among them were a few clergymen, accomplished scholars, thoroughly edu- cated in the universities of Europe. Of these was the Rev. Thomas Goodwillie, a talented and eloquent preacher and fine scholar. He lived upon a rugged farm which he tilled with his own hands, as did his parishioners. He always had about him a class of students, young men whom he undertook to board and lodge, in a humble way, and prepare for college, upon condition of their working for him on the farm two days in the week. For a consid- erable time Mr. Johnson was with this gentleman upon these terms, and many are the amusing and characteristic anecdotes I have heard him tell of discussions between himself and the reverend gentleman upon scholastic, scriptural and theological points as to which, happily, the pupil and preceptor rarely agreed.
He commenced to teach school winters at sixteen years old, and returned to work on the farm during the vacations of Newbury Seminary, where he was pursuing academical studies. When sent into the field to plow it was no uncommon thing to find him under a tree absorbed in his Latin text, while the oxen were quietly graz- ing in the fence corners.
Mr. Johnson afterwards located at Derby Line, Vt., on the bor- der of Canada. He read law with the late distinguished Judge Redfield, and was admitted to the bar when twenty years old. His early professional life was full of brilliancy and promise. Hardly a young man of his time in New England was more flattered with predictions of an eminent future. A close and early friendship was formed between him and his fellow-student, Luke P. Poland, after- wards one of the supreme judges of Vermont, and later United States senator from that state, and now a member of the national house of representatives. This friendship was kept up as long as Mr. Johnson lived. He also numbered among his personal friends other names which have become eminent : Senator Samuel S. Phelps, Judge Redfield, Chief Justice Royce, the Hon. Portus Baxter and others. Mr. Johnson and Judge Poland, while they were students
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together, agreed that each should be present to hear the other's maiden speech in court. Poland was admitted a year first, and Johnson was present to hear and admire his first speech. After- wards, when Johnson came to make his first speech, Poland was there, and only a few years ago that magnanimous gentleman, in speaking of the circumstances to friends of Mr. Johnson, said : " I thought I made a good speech, but when I came to hear John- son I concluded my place was on a back seat."
Mr. Johnson practiced law at Derby Line until he came to Peoria, where he arrived July 1, 1850. He was while there sought after and admired, as well for his eminent social as professional qualities. Among his talented friends at Derby Line was Dr. Camp, an Epis- copal clergyman. The doctor, after spending a social Saturday evening with Mr. Johnson, rose, saying, "I must go now, or my Sunday sermon will not be prepared." Johnson replied, "Why do you prepare your sermons ? It is just as I told you, ministers have no job compared with lawyers. When I have to speak I have no chance to prepare. I must be always ready, and meet my adver- sary face to face.". The doctor said, " You would find it a different thing if you had to speak from a given text." Johnson said, " Doctor, give me a text, and I will write you a sermon if you will preach it to-morrow, provided you think it a good one." The doc- tor gave him a blind, ambiguous text from Leviticus, and Johnson wrote a sermon and handed it to the doctor early next morning, and he preached it in church that day. It was a powerful produc- tion, and to this day some of the people of Derby Line remember that sermon. I have heard it said there was not 'a dry eye in the congregation, and that at the close of the services the people went forward to the chancel and congratulated the preacher upon his extraordinary sermon. Afterwards the fact that it was the dis- course of the lay brother got to the ears of the people, and made the good doctor no end of trouble.
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