USA > Vermont > Windham County > Brattleboro > Brattleboro, Windham County, Vermont; early history, with biographical sketches of some of its citizens > Part 15
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Some two or three years after Chief Jus- tice Robinson was elected United States Senator from Vermont, Chief Justice Tyler received from him the following letter :
" WASHINGTON, Feb. 4, 1810.
Dear Sir :- You speak well of Bro. Fay, as a judge. I had never any doubt either of his honesty, clearness of perception, legal knowledge or patience, so essential for a judge, but feared he might be too legal, in other words, might give too great weight to technical precision, although useful, yet not wholly essential in administering im- partial justice to ignorant but honest suit- ors. But I knew you and Bro. Herrington would stand as a check. I was always pleased with you more than I ever ex- pressed on that account, because it is a bright gem in the character of a court law- yer, not to lay too much stress on the man- ner of action or of pleading. When we come to be judged for our judgments, my friend, the question will not be whether we pursued legal forms or technical nice- ties, but have you heard the cry of the poor and relieved them from their oppres- sors. But I hope that the philanthrophy of Bro. Fay and yourself will prevent all unpleasant results because he does not carry the Hopkinsian doctrine to that lofty pin- nacle of revelation and philosophy to which you so justly and rationally aspire. In one thing, I fear, he will never be able to arrive to equal resignation, which you once expressed, even willingness to see Bro. Robinson damned. However, good men of all faiths, will, I hope, be accepted if their hearts are but right. * * *
You need never say anything about nerve in congressmen, for they have none. That spirit of cupidity, the natural offspring of commerce, the cowardice so prevalent in weak minds, and the malice of Federal- ism, like the three headed monster Cerbe- rus, are too powerful for the pure in heart to overcome.
Of war, let no man speak, for we shall have none, unless Britain invade us, and then I shall have my doubts, since the City of New York has played " God Save the King," at the approach of the Copenhagen Jackson.
Good God, can human nature possess such depravity !
Ask Bro. Fay if this is not evidence of one of the five points-the total depravity of the human heart?
Recollect me to all my friends, and as you will now be on the ground, carry my best respects to Mrs. Robinson, and do her the honor of drinking tea with her on my account, and call on Isaac* for a pipe of tobacco.
Your affectionate friend,
JONA. ROBINSON."
HON. ROYALL TYLER.
When there was a tie vote in the Senate upon the war measures, in 1812, Senator Robinson again wrote to Tyler a letter from which we give extracts:
" WASHINGTON, June 15, 1812.
Dear Bro. Tyler :- Yours of the 5th June is received, and it breathes the same spirit which my heart echoes, but alas, I fear the crown has fallen from our heads. In Den- mark, in some late proceedings, I have been informed, they stood on a very important vote 16 to 16. All things were palsied. The responsibility was great. Men trem- bled, it was believed some person would. on the next vote, join with the Executive, and victory would be obtained, but letters arrived from one of the northern hive, that a certain great Scripture Jester would arrive on the 15th and untie the knot, of course all was delay and the fears of the administra- tion party increased. I drop the metaphor and tell you Gen. Bradleyt is expected this evening, and our fate will soon be known. We must sing the sailor's song, "God in
*Isaac Tichenor, elected Gov. in 1808.
+Hon. Stephen Rowe Bradley, Senator from Vermont.
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Heaven have mercy on us," none but Him can save us now.
I can say no more. I hope in two days to tell you the fate of the nation."
Again he writes:
"Bradley did not arrive on the 15th or 16th, and on the 17th the opposition were still talking against time, but had exhaust- ed every pretext for delay.
The Senators have been looking to the windows as the stages come in, to see if Bradley was come. All is anxiety. It is four o'clock and the Senate has not yet taken the question. I want a pipe, and I want my dinner, but I cannot start, tack or sheet, until I see, as Bro. Herrington says, "the last dog hung."
Recollect me to Mrs. Tyler, the boys and girls and to Miss Sophia. Keep this letter to yourself. I cannot continue while Gor- man is murdering language in an endless speech, which sounds more discordant to my ears than the thundering cannon did 37 years ago this day, when I heard more than 200 of them in my cornfield in Ben- nington.
I have done.
Your friend, JONA. ROBINSON." To JUDGE TYLER.
At another time came from Robinson, the following:
" No man in Congress has a doubt of my unreserved determination to foster ener- getic measures, and sometimes when I find of what timber we are made, I am sick of the whole species of man. But why should I wonder? I have always believed them totally depraved as well as very pur- blind in their mental perception. The last, however, is no further a crime than as it arises from depraved minds which are un- favorable to rational enquiry.
The question, are you in earnest, has been bandied about so much of late, that we are all sore on the subject. It was be- gun by the Federalists, the grumbling Dem- ocrats ask the same thing. Is the Execu- tive in earnest? And now the question echoes back again, are the Senate in earn- est; if so, why delay for ten days the ap- pointment of Gen. Dearborn as commander when the President wants his aid to ar- range the army? But Mr. Bradley does not like Dearborn, nor Giles, nor several others, and the whole Federal phalanx are
against him. This is to paralyze meas- ures and then throw the fault on the Exec- utive.
Such is the sourness of some, and the meanness of others, that it requires more philosophy than I possess to bear it, etc."
On the outside of this letter, the worthy Senator has described his idea of the scene. of its reception by their Honors, the. Judges of the Supreme Court of Vermont, in these words:
"Bro. Tyler filled his pipe and said,. ' Come, Brethren, let us see what Bro. Robinson has to say.' Reads. Bro. Fay spits and says, 'Bro. Robinson is as cross. as the devil.' 'Well,' says Bro. Herring- ton, 'I feel easy about it, it is a pack for their backs, not mine.' Bro. Tyler smiled, and filled his second pipe."
In Hall's history of Eastern Vermont, we find the following narration :
"He,"(R. Tyler,) "presided as side judge- of the Supreme Court of Vermont, from 1801 to 1806, when he was chosen chief judge. This position he retained until the year 1812. Party strife and ill health com- bined were the causes which prevented him from being chosen to fill this office for a longer period. From the year 1815 to 1821, he was register of probate for Windham County, and this, it is believed, was the last public station he was called to occupy."
An idea of the originality of his style and manner in arguing a case under cir- cumstances calculated to produce embar- rassment, may be gained from the follow- ing anecdote:
" At a court held in Newfane, he under- took his first case after he left the bench. He had not practiced for a long time and many of the lawyers at the bar had never heard him address a jury.
At the period referred to, the disease of which he died, a cancer on the left side of the nose, near the eye, caused him to wear a patch of black silk on his face, which did not tend to improve his appearance. The case was one of importance, involving the property of his client, a certain Mr. Rich- ardson.
The opposing counsel in presenting their pleas, made frequent reflections upon the ex-Chief Justice, declaring that his fac- ulties were failing, that he had a disease about him and that he had been turned. from the bench for incapacity.
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During the delivery of these sentiments Judge Tyler sat within the bar, taking no notes and apparently oblivious to what was passing around him. When the time came for him to address the jury, he rose in his place, and turning his back upon the twelve men whose minds he was desirous of influ- encing, called out to his client, ‘Richard- son ! come here!' Richardson started up in great astonishment, and made his way through the crowded court-room to the railing within which the lawyers sat. 'Richardson!' said Judge Tyler, turning to that individual, who was exceedingly surprised at the oddity of the proceedings, ' go home! there is no use of your staying here! I thought you had a case, a good case!' He then went on, with his back to the jury and judge, to tell his client all the strong points of his case, making it very plain, or, at least, making it appear that Richardson had been basely abused by the lawyers on the other side.
'But,' said he, in conclusion, 'I was mistaken in supposing you had any rights that could be maintained. It appears you have no case because my faculties are fail- ing, and what is worse, you have no case at all, because I have this patch on my nose. Go home! go home! I can't be ex- pected to say a word to the jury under such circumstances.' With these words Judge Tyler sat down.
The opposing counsel were dumbfounded at this mode of attack, but the jury were only out long enough to make up for Rich- ardson a most satisfactory verdict."
Judge Dan'l Kellogg was a young law- student, at Newfane, with his brother-in- law, Gen. Martin Field, and was one of the audience in the court-room at the time of this occurrence, as related in the fore- going. In relating the affair to us, a short time previous to his death, he said, "the counsel opposing Tyler, undertook to make it appear the case never would have been brought into the court by Mr. Tyler had it been presented to him before the decay of his faculties, but now, in his pit- iable dilapidated condition of body and mind, anything he might do was excusable, provided justice to the parties was main- tained. Never," said Judge Kellogg, "in all my long experience in court, did I witness so laughable an affair, and one so
difficult to properly describe, or in other words, make one see it as I did." 1
About 52 years have elapsed since the death of Hon. R. Tyler, he being at that time about 68 years of age, according to in scription upon his monument in Prospect Hill Cemetery, in the East village of Brat- tleboro.
ROYALL TYLER Reip v Mont Cur Sup Jurid, Princ. Mortem Obiit
DIE XVI. AUG. ANNO DOMINI MDCCCXXVI. Etatis Suac LXVIII. Ugor et liberi ejus
Hoc sarum ponendum. Curarerunt. He had eleven children:
Royall Tyler, born in Framingham, Mass., 1794, died in college, young; Gen. John¿S., born in Guilford, Vt., Sept. 29, 1796, from the age of 14 lived in Boston, Mass., and was in mercantile life: Mary Whitwell, born in Guilford, Vi., June 23, 1798; Rev. Edward R., born in Guilford, Vt., Aug. 3, 1800, of the Congregational Church and Editor of "New Englander." also author of works on future punishment ; William Clark, born in Brattleboro. Aug. 28, 1802, passed a mercantile life in Boston; Rev. Joseph Dennie, born in Brattleboro, Sept. 4, 1804, of the Episcopal Church, and Principal of Asylum for Deaf Mutes, in Va. ; Amelia Sophia. born in Brattleboro, June 29, 1807, Principal of Female Semi- nary in 1826; Rev. Geo. Palmer. D. D., born in Brattleboro. Dec. 10, 1809, of the Congregational Church; Judge Royall, 2nd, born in Brattleboro. April 19, 1812, Judge of Probate and County Clerk ; Rev. Thomas Pickman. D. D., born in Brattleboro, Nov. 20, 1815. of the Episco- pal Church; Abiel Winship, born in Brattle- boro, Nov. 9, 1818, died, 1832.
But four of the children are now (1878,) living, viz: Wm. C. Tyler, Judge Royall Tyler, Geo. P. Tyler. Thos. Pickman Tyler.
In the foregoing are made the last extracts from the memoirs, with regret that our limits forbid more extended quotations.
It was not the mission of this old and distinguished family to set in motion the
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wheels of industry, or to, in any way di- rectly, to any great extent, advance the material interests of this town. In that far off time, in our history, when this fam- ily settled here, they must have occupied as exceptional a position in Brattleboro, as does the book of Job in the Old Testament.
So large a family of almost purely in- tellectual proclivities, furnishing six col- legiates, four of them ministers of the Gospel, is, we believe, rarely, if ever, found in the past or present history of any town in New England.
As there is no end to the good arising from the cultivation of the highest depart- ment of our nature, the beneficial in- fluence of such a family, upon a com- munity almost wholly utilitarian, it is im- possible to fully estimate. Their first com- ing to that high hill overlooking the whole town, seems to us as the morning dawn of intellectual life in this region, or, the begin- ning of an Elizabethan age in Brattleboro.
It was also the dawn of business in this town. " It is indeed wonderful how imag- ination rules the world. The poems of a blind old harper, a few crumbling ruins, a few mutilated, battered statues, a few cracked fading canvasses, a few strains of music, and the traditions of a few eloquent words of orators, have proved the most. potent forces in the world's civilization."
Before the first year of their advent here had expired, our first educational institu- tion, the old academy, was chartered by act of the Legislature, in October 1801.
Soon thereafter followed in this town the publication of school books, Bibles, etc., which were here and there widely scattered over the land like leaves of the forest, which no man can number.
" Terrible Tractoration," "Democracy Unveiled," by Thomas G. Fessenden, and several of the old novels, now seldom seen, were also published here. To this business the East Village owes its origin, and dur- ing the whole period of Mr. Tyler's life in Brattleboro it was the business of the place, and in one year publications amounted to $400,000.
The publication of books did not cease until the art was carried to so great per- fection, cotton rags and sheep-skin in the morning became, before night, elegantly finished books. William Harris, Esq., who
was the principal of the old academy over 30 years, gave us the names of over 40 col- legiates-including the names of the sons of Judge Tyler-who fitted for college at the old academy. It is a matter of regret that we cannot give full historical sketches of each one of the latter, who have finished their mission on fields more or less distant from their native home. Though our knowledge of each individual career is far from complete, yet, we believe, that the histories of none of the sons of Brattleboro . who have gone out from among us would reflect a fairer light on our pages than would the histories of the sons of Judge Tyler. .
GEN'L JOHN S. TYLER,
The oldest son, may . well be called the advanced guard of the family. He left his home in Brattleboro in 1810, at the age of 14 years, and passed the long period of over 60 years in Boston, Mass., engaged in mercantile and marine affairs. The city of his ancestry became the scene of his action until the time of his death in 1876. It was there he maintained eminence in his avocations and social position. His. magnanimity, as manifested in business relations, and noble generosity to his par- ents and other relatives, proves his mind was as well worthy of his splendid pro- portions and such external personal attrac- tions as is rarely, if ever surpassed,-as. the diamond is worthy of setting in the purest gold. Forty years ago he was de- servedly popular and conspicuous as a. · commander of the military in Boston.
"How long he has been a citizen of Bos -- ton, we do not presume to know; what we do know is, that far back in the lapse of years, when he was General and we were schoolboys, we thought him the greatest man the city contained. And there are, no doubt, hundreds who will read these lines wlio remember Gen. Tyler, at the head of his brigade, as the finest mannered officer their imagination ever drew. His last service as an officer was that of com- mander of the Ancient and Honorable Ar- tillery Company, in 1860."-Boston Paper.
He gave universal satisfaction in con- ducting and in the general management of military and civic processions in the city on great occasions. For a long period of years he was almost invariably selected as. chief marshal on great occasions. The
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facility with which he discharged the du- ties of that office, combined with his fine personal presence and bearing, made him the observed of all observers. Many years ago, a convent in Charlestown was de- stroyed by a mob, and there was every in- dication of mob-violence in the destruction of buildings in Boston as a retaliatory measure. The authorities of the city re- quested Gen'l Tyler to call out the military under his command. He told the author- ities he never should order his soldiers to fire blank cartridges at a mob. If they would consent that every one of his sol- diers load his musket with ball cartridge, he would lead them wherever they might direct. The consent was given, and intel- ligence of the fact was quickly received by every person in the city. All rioters knew that such orders meant business, and it was not a kind of business they felt dis- posed to encourage. Therefore the mob dispersed and peace was restored without bloodshed.
In Boston papers, published at the time of his death, it was said: "Early in the war of 1812, Mr. Tyler, though under the lawful age for military duty, joined the Boston Light Infantry, and went with the corps to throw up fortifications on Dor- chester heights, Governor's and Noddle's islands, and also participated in such other duties as were required of the militia. He was chosen captain of the Suffolk Light Infantry, Sept. 21, 1821, and was the first commander of the City Guards. He com- manded the military escort when LaFayette visited Boston. He was adjutant of the Ancient and Honorable Artillery Company in 1827, and was its commander 4 years- an honor not enjoyed by any other man. He was the senior member at the date of his death. He acted as chief marshal at the Railroad Jubilee, (1851,) attended by the President of the United States, Lord Elgin, and numerous other distinguished guests. The gentlemen who served with him as assistant marshals, on the latter oc- casion, presented him with a beautiful sil- ver vase and salver, inscribed with the names of many of the leading merchants and professional men of Boston, who were donors, and bearing an engraved likeness of the distinguished defender of the con- stitution. He has held many civil offices, was a member of the Constitutional Con-
vention in 1853; member of the Common Council in 1859-60-62; alderman, 1863-65- 66; Trustee of the Public Library 2 years, and member of the Legislature 4 years. He was president of the Granite Railway Company, engineer of the fire department of Boston, president of the Association of the Sons of Vermont, and of the Burns Club; also, president of the Female Medi- cal College. He received the honorary degree of A. M. from both Middlebury College and the University of his native State at Burlington.
We find several interesting notices of him, in Boston papers, since his death, Jan. 20, 1876:
"No particular disease caused his death, but he yielded to the natural dissolution of advanced years. Few men have been more prominently before the public, and none enjoyed the esteem of a wider circle of friends. The older class of our citizens he knew by long association, and the younger were attracted to him by his kind- liness of manner. Increasing age did not diminish his interest in passing events, and though advanced in years, he kept, as it were, the freshness of youth."-Boston Journal, 1876.
In 1829, he engaged in the business of adjusting averages,* which he continued the remainder of his life. In this branch he had no superior. His industry was pro- verbial. He devoted much valuable time to the service of the public, and the mid- night hour often found him at work. . His business mind enabled him to state cases before committees, and as alderman and representative, with great clearness.
At the time lie was elected alderman of the 8th ward, we find the following in a Boston paper :
"He will make an excellent alderman, for he is honest and incorruptible-merits which are not always carried into the city hall by those who enter it covered with official eclat. The people have done well to elect him. He received the united sup- port of the Democrats and Republicans." Gen'l Tyler was for many years identi-
" He brought to the discharge of this duty that clearness of perception, candor and fairness of judgment which made him much sought for in the large commercial cities of our coun- try. - Ex-Gov. HOLBROOK.
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fied with the institution of masonry. He took his degrees in St. John's Lodge, re- ceived the Chapter degrees in St. Paul's Chapter, and was an active member of the De Molay Commandery of Knights Templar: In politics, the General was an old line Whig, but early in its history he identified himself with the Republican party.
Gen'l Tyler was the possessor of a happy disposition, and he looked upon the bright side of the shield. He sought the happi- ness of his family and promoted the geni- ality of his favored circle. He grew old gradually. It was a pleasure to see how his calm philosophy enabled him to meet without friction the burdens of advancing age.
The Boston Transcript of January, 1876, says of him :
"He was a true friend, an affectionate husband, a doting father, a loving grand- parent, and a true man in every sense. It is a comfort that in his last brief illness, he was spared the anguish of parting with his loved ones, and that, like an innocent child, his last sleep was peaceful and calm. At the funeral services of the late Major Gen'l John S. Tyler, there was a very large attendance of friends and acquaintances of the deceased, De Molay Commandery of Knights Templars, the Ancient and Honorable Artillery Company, the Boston Light Infantry Association and other or- ganizations with which he was connected, were represented. At the head of the casket, in which he was enclosed, was dis- played a bust of the General, recently ex- ecuted by Miss Frazar of Watertown. The services were under the management of Mr. F. Lyman Winship, and were con- ducted by Rev. Dr. Bartol of the West church, and the choir of the same church furnished the music. At the close the re- mains were conveyed to Mount Auburn." =
REV. EDWARD R. TYLER,
when at college or seminary fitting for pro- fessional life, visited, in times of vacation, his native home at Brattleboro. His evening lectures, at such times, in the school-house then on the common, caused many of our best citizens pleasurable anticipations of his periodical visits. Though too young, at the time, to be an appreciative listener to his lectures, yet we well remember hear.
ing highly favorable comments upon his youthful efforts, by' Dea. David Wood, Francis Goodhue, Esq., and other of our old citizens of that time, who have long since passed away. It has been a pleasure, in after years, to hear him in the pulpit- and in the lecture-room, and we are com- pelled to add our testimony to that of oth- ers who have said he was very far above the average of our pulpit orators. He had a loud, clear, commanding voice, and a very earnest, impressive manner. The ideas he advanced, or the position he took never suffered for lack of logic or author- ity in maintenance of the same.
There was manifested in this man's char- acter a spirit of self-sacrifice for others. Eloquently did he plead the cause of the slave at that early period,* when to do so was to render the advocate a pariah in his own church, "and a man's foes they of his own household." Even in his native place -we blush to say it-the leading citizens encouraged a mob to disturb his lectures, and the Congregational pastor of that pe- riod (1837) refused to read, in his pulpit, a notice of these lectures, or even a notifi- cation of a "prayer meeting for the op- pressed." Some persons can now (1878) remember hearing the calm voice of Dea. David Wood, "there will be a meeting of prayer for the oppressed at Elliot street chapel," &c. It was well understood at the time why the Deacon, instead of the minister, read the notification. The rev- erend gentleman also recommended the church discipline, or expulsion, of such members of his church who attended said lectures. Our information is from such members now living (1878). The Deacon did not read the notification until after the pastor had finished his benediction. The pastor, before long, became a good anti- slavery man.
From a New Haven paper of Septem- ber, 1848:
"Died, in this city, yesterday, Sept. 28, 1848, very suddenly, Rev. Edward R. Ty- ler, editor of the New Englander, aged 48. Thus another true and able friend of God and man has gone to his rest and his re- ward. Mr. Tyler was born in Brattleboro, Vt., the son of Hon. Royall Tyler, who was chief justice of the State of Vermont.
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