Genealogical and family history of the state of Vermont; a record of the achievements of her people in the making of a commonwealth and the founding of a nation, Vol II, Part 83

Author: Carleton, Hiram, 1838- ed
Publication date: 1903
Publisher: New York, Chicago, The Lewis Publishing Company
Number of Pages: 1044

USA > Vermont > Genealogical and family history of the state of Vermont; a record of the achievements of her people in the making of a commonwealth and the founding of a nation, Vol II > Part 83

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On the 16th of October, 1893, Mr. Jones was united in marriage to Miss Kate D., a daughter of Justus H. and Sophronia Dix. The father was a descendant of one of the earliest settlers of the town, was a successful farmer by occupation, and held the office of selectman for many years. His death occurred in 1895, when he had reached the age of ninety-two years, while his wife, a na- tive of Wardsboro, Vermont, passed away in death in the same year, at the age of seventy- four years. Mr. and Mrs. Jones have three chil- dren, Paul, Philip and Dexter.

DAVID ALLEN SMALLEY.

David Allen Smalley, of Burlington, United States district judge for Vermont, was born, in Middlebury, Addison county, Vermont, April 6, 1809. His British ancestors bore the name of Smollett. The first of the family who emi- grated to the new world was Benjamin Smollett, or Smalley-as he wrote the patronymic-of Dumbarton, Scotland. Arriving in Massachu- setts in 1687 he was for a short time a member of the Plymouth colony, but soon removed to Connecticut, where he died in 1703, leaving three sons.

Benjamin Smalley, eldest son of the immi- grant father, was born at Norwich, Connecticut, in 1693, and died in Salisbury, Connecticut, in 1757. He married Margaret Allen, an aunt of General Ethan Allen, the captor of Ticon- deroga. Two sons, named Benjamin and John, survived him. Benjamin, the elder, was born at Lebanon in 1723, and removed from Salisbury, Connecticut, with his family, in spring of 1773, to that part of the New Hampshire Grants now known as Middlebury, Vermont, where he died in 1807. There he built the first log house in the settlement,

and there his two children were the first victims of death. Imri and Alfred, his sons, survived him. Imri married a daughter of Major Jona- than Hart, of Berlin, Connecticut, who was killed in the defeat of General St. Clair, on the 4th of November, 1791, while leading a bayonet charge intended to protect the retreat of the main body. Born in Salisbury, Connecticut, in 1761, Imri Smalley died at St. Albans, Vermont, in 1827, and left two sons, bearing the names of Zera and Benjamin H.

Zera Smalley was born in 1787, and died in 1842. His wife was a granddaughter of Major Garrett, who was slain in the massacre of Wy- oming. He himself served as an army surgeon in the war of 1812. Of his three sons, David Allen was the eldest.

Distinguished in his youth by the warmth and kindliness of his feelings, by his quick percep- tions, retentive memory, and personal daring, David A. Smalley was the born leader of his companions. While a student in the academy at St. Albans he achieved lasting reputation for numerous mischievous pranks that were charac- terized by the prominence of fun and the utter absence of recklessness and malignity. Hoist- ing a donkey into the belfry of the academy, or drawing wood upon a sledge for the comfort of a needy widow and her family, were occupa- tions almost equally agreeable to the active and sprightly boy.

Choosing the profession of law for the future . pursuits of life, young Smalley began the re- quisite studies in the office of Smalley & Adams at St. Albans. There, too, he completed prepara- tion, and at the age of twenty-two was admitted to the bar of Franklin county in April, 1831. Benjamin H. Smalley, the senior member of the firm, was his uncle, and he died at an advanced age, in Frelighsburg, province of Quebec. Henry Adams, the youngest member, always enjoyed the warmest affection of his former pupil, who named his eldest born after that gentleman.

Mr. Smalley settled in Jericho for profes- sional practice soon after his admission to the bar, and also discharged the duties of postmaster, which office he held from 1832 to 1836. Abil- ity, zeal and success won a constantly increas- ing clientage, and an enviable reputation. In 1836 he removed to Lowell, but remained there -

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only a few months. Thence he repaired to Bur- lington, which became his permanent home. Here a wider field for ambition and energy pre- sented itself, a field that he wisely and diligently cultivated. Already he was known as an ardent adherent of General Jackson, and as an eloquent and effective advocate of that statesman's policy. In the political discussions of debating societies, store gatherings, and street corner groups he was an influential participant. Nor was he less posi- tive and decided in the family circle. His son Bradley-named after his grandfather, Colonel Bradley, of Fairfield-was thoroughly indoc- trinated in childhood, has been for many years a leading Democrat in Vermont, and was a mem- ber of the national Democratic committee in the last two presidential campaigns.

Being impulsive, earnest and persistent, Mr. ·Smalley was as active in political as in legal affairs, and established high reputation in both departments. Governor Van Ness, afterward United States minister to Spain, and Mr. Smalley, being like-minded, contracted a faithful and life-long friendship soon after the latter's arrival in Burlington. Law and politics are -closely allied under any form of government, and particularly under the Democratic-Republi- can. Each supplements and aids the other. In 1842 Mr. Smalley received the compliment of election, on the Democratic ticket, to the state senate from Chittenden county. This was the more remarkable, inasmuch as state and county were overwhelmingly Whig in point of political preference. Declining renomination, he devoted himself with renewed assiduity to legal practice. In 1844 he was admitted as a practitioner into the United States supreme court. In 1847 he was elected chairman of the state Democratic committee, of which he was a member, and in each ·of the ten following years was re-elected to the same position. To the national Democratic con- ventions of 1844, 1848, 1852 and 1856, he was a delegate, and in the two latter years was chair- man of the Vermont delegation. In the national Democratic convention assembled at Cincinnati in 1856 he was made a member of the national committee, and by it was chosen to the chair. Of Stephen A. Douglas, his old comrade and schoolfellow, who was also a native of Addison county, he was a zealous personal and political

friend. Nor was he on terms of less intimacy with General Franklin Pierce, who, upon his ac- cession to the chief magistracy in 1853, tendered to Mr. Smalley the appointments of minister to Russia, Spain and Austria, and the solicitorship of the treasury, successively. All these honors were declined. He did, however, at the earnest solicitation of the president, accept the office of collector of customs for Vermont, for the reason that its occupancy would neither necessitate the abandonment of his large and lucrative legal practice, nor seriously interfere with its prosecu- tion.

Railroad enterprise found an efficient helper in Mr. Smalley. One of the originators of the Rutland and Burlington Railroad. Company, he was also one of its directors and legal counsel- lors. From 1856 to 1863 he owned all its stock and controlled the corporation. The acknowl- edged leader of the Vermont bar, possessed of the most remunerative practice in the state, and collector of customs from April, 1853, to Janu- ary, 1857, his official promotion was simply a matter of time and convenience. The election of James Buchanan to the presidency in 1856 was largely due to his sagacity and zeal. The remarkable powers of oragnization then dis- played elicited keenly appreciative applause, and added to his fame as a practical politician and prescient statesman.

In January, 1857, Mr. Smalley accepted a seat on the bench, as a member of the federal judiciary. Thenceforward he wholly abstained from participation in party politics. Neither would he have anything to do with political ap- pointments. Even advice on the subject was re- fused to the administration: because-as he wrote in explanation-judicial activity in par- tisan politics is most indecorous and improper, tends to the disrepute of the judiciary, and de- grades its weight and authority. His sound and judicious opinions on this topic were concordant with the action of the national senate, which unanimously confirmed his nomination without the formality of reference to a committee. Higher testimony of legislative confidence it was impossible to give.

As a judge David Allen Smalley is best known to his country. His twenty years of serv- ice covered the crisis of its history. With its

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political consulter, it's readjustments, and its subsequent marvelous developments he is inti- mately remplied. He held the balance of justice with steady and even hand. Neither clashing opinions, not factions rage, nor military colli- sions affected the cool, char judgment of the distinguished jurist. The supremacy of consti- tutional law was to him an axiomatic truth, and all things must be subordinated to it. Tyranny on the one hand and lawlessness on the other were cqually held in check. This sternly grand impartiality clothed his decisions with weightiest authority, and commanded the gravest and most unquestioning respect. Especially was this the case in relation to the slave trade, as carried on by merchants from the port of New York.

While presiding over the United States cir- cuit court in the city of New York, in December, 1860, in charging the grand jury, he said :

"You will probably be called upon to investi- gate alleged infractions of the laws for the sup- pression of the slave trade. *

* If courts or jurors fail to do so they in turn become of- fenders against the law-faithless, perjured guar- dians of the great trusts reposed in them, and de- serving of the most condign punishment.

* Within the last three months more than' three thousand miserable human beings have been taken by American cruisers from slave vessels sailing from the port of New York. * * The laws against it are sufficiently plain, explicit and severe to put a speedy end to it if vigorously and vigilantly enforced. * * * It must be expected that the degraded, bad men who engage in or aid and abet this horrible trade (for none others do) will resort to any species of chicanery, fraud and falsehood to escape de- tection, cover up their infamy and avoid punish- ment. Those who will in any way be privy to it will resort to any crime, however atrocious, to conceal it. Such is human nature. And a knowl- edge of it, should be met by the most unyielding determination, vigilance and vigor of the officers of the law to ascertain the truth, point out the criminals and bring them to justice."

The propriety, force and necessity of this noble charge commanded the cordial praise of the best portion of the metropolitan press. The New York Times of December 27, 1860, quoting the formally enunciated opinion of Judge Roosevelt, United States prosecuting officer for that district, that public sentiment in regard to the slave trade

had undergone a change, and that the national executive would not, under any possible circum- stances, permit a conviction for this offence in the first degree to be followed by the punishment prescribed by law, said of it:

"It is a bold, clear and emphatic pronuncia- mento against the doctrines of District Attorney Roosevelt. *

* This is the first intimation that they (the slaver commercial houses) will have received for many years that a judge of the United States is holding court in the city of New York who cannot be deterred from doing his whole duty. % If we understand Judge Smalley rightly, he will also do his utmost, within the limits of his office, toward directing the at- tention and action of the grand jury against the millionaire and wealthy merchants who have ac- cumulated, and are still trying to increase their fortunes in this unholy business."

The effect of this charge by a conscientious, pronounced and eminent Democratic judge was immediate and decided.

On the 14th of January, 1861, when the se- cessionists had fired upon the steamer that at- tempted to convey troops and supplies to Fort Sumter, then under command of Major Ander- son, Judge Smalley charged the grand jury in the United States circuit court at New York on the law of treason and misprison; of treason. Certain merchants and residents of that city had shipped arms and munitions of war, and also supplies, to the seceded states, after their com- mission of overt treason by firing upon a national vessel. After stating that civil war existed in portions of the Union, and that the Confederates were guilty of "high treason, by levying war," and that neither states nor the people of any state can absolve themselves or others from al- legiance to the United States government, he- added :

"What amounts to adhering and giving aid. and comfort to our enemies, it is somewhat diffi- cult in all cases to define; but certain it is, that furnishing them with arms or munitions of war, vessels or other means of transportation, or any material which will aid the traitors in carrying out their traitorous purposes, with a knowledge that they are intended for such purposes, does come within the provisions of the act."

The effect of this charge was electric. It crystalized the chaotic sentiments of unionists

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THE STATE OF VERMONT.

into definite and solid opinion, and also evidenced the fact that partisan distinctions were anni- hilated in presence of danger to the integrity of the Union. Coming from a jurist of his political antecedents, it wrought with all the greater force. The newly elected president, Abraham Lincoln, warmly thanked him for his action, and congratulated the country that in such a fearful crisis it was blessed with so fear- less and independent a judge. The press of both political parties generally commended his charge. Dissenters like the New York . Illustrated News, which said, "Although we have respectfully stated our dissent from the judge's definition of the law, we cannot withhold our admiration of the patriotism which induced Judge Smalley to assume the responsibility of directing public opinion in the crisis at which the affairs of the country have arrived," spoke with bated breath and reverent esteem of his moral courage. The best characteristics of Andrew Jackson belonged to his early admirer and disciple. Conscien- tiousness, impartiality and firmness found ample scope in the new issues and trying ordeals of those perilous times. Whether checking seces- sionists disintegration, or defending the rights of the people against the usurpations of official- ism, he was equally wise and decided. Consti- tutional law was the only guide he would con- sent to acknowledge.

At the October term of the United States circuit court held at Rutland, Vermont, in 1862, Judge Smalley rendered a decision in the case of Field, who had applied for a writ of habeas corpus on the 27th of August previous. This writ had been granted by the judge, but obedience thereto was refused by United States Marshal Baldwin, who acted under instructions from the war department at Washington. Judge Smalley pointed out the illegality of the prisoner's detention, and in terse and vigorous language de- scribed the order under which Baldwin had re- fused compliance.

"It contains (said he) an implied threat against the members of the bar and other officers of the court, and even against the court itself, if either do anything judicially or professionally to liberate a prisoner confined in jail upon what we have already seen was a despotic and illegal order of the War Department. A more flagrant disre-

gard of the constitution of the United States can hardly be conceived. *

* * I deeply regret that such an order should go abroad, not on my own account, but because such illegal assumptions of power go far to bring our institutions and gov- ernment into disrepute, both at home and abroad. I need not say to the people of Vermont, my na- tive state, where my temper and conduct through life are well known, that threats will not influence me, nor that I shall do what I deem my duty unawed. *

* * A judge who will not faith- fully and fearlessly perform every duty imposed upon him by the constitution and the laws, as much merits disgrace and punishment as does the soldier who deserts his colors on the battle- field."

The upshot of the difficulty was the revoca- tion of the objectionable order by the war depart- ment. Judge Smalley fined the marshal for con- tempt of court, and would not permit him to act as one of the officers of the court until he had purged himself of such contempt by obeying the rejected order. The marshal paid the fine, and was restored to his privileges. Such judges as David Allen Smalley are invaluable to the com- monwealth. Liberty cannot sustain injury while they preside in tribunals of justice. This was only one out of many instances in which he sturdily resisted the arrogant approaches of au- thority toward usurpation and tyranny.

Judge Smalley was a tireless worker. He not only attended the terms of the circuit and district courts in his own district, but frequently presided over the United States circuit courts in New York, Albany, Buffalo and other places. A paralytic stroke impaired his physical powers in July, 1874. In consequence of this, Congress passed an act in February, 1875, authorizing him to retire from labor, and continuing his salary. Partial restoration induced him to decline the proffered privilege. But in February, 1877, he tendered his resignation, which was accepted, and was to take effect from the appointment of his successor. On the Toth of March, 1877, Judge Smalley died at his own residence in Burlington. His judicial career was one of re- markable power and brilliancy. Its zenith was coincident with the most momentous crisis of our national history. His love of country was pro- found and his hatred of oppression most intense. Uniting a generous and pure heart with an un-

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commonly powerful intellect and a fearlessly in- domitable will, he was greatly beloved by all who could appreciate his virtues. In his own home he was ever an exceptionally fond husband and a tenderly affectionate father. The Hon. E. W. Stoughton of the United States circuit court in New York city voiced the feelings of the bench and of the bar in the statement: "In many respects his personal qualities were of a character to endear him to those who became his friends. In his family he was very much be- loved. His home was made, by the very qualities I have mentioned, a very charming and a very happy one." The Hon. E. J. Phelps on the same occasion bore strong testimony to his su- perlatively excellent judicial qualities. The Hon. L. E. Chittenden also, who had often been his antagonist in litigated cases, said that of Judge Smalley "one thing was especially characteristic -when he gave his word or understanding to another member of the bar, it was always as reliable as his bond." As one who never had any personal difficulties, "his influence upon the younger members of the bar is most excellent, and his example one which none of us will ever be too old to follow.". Two of the gentlemen whose estimates are thus cited had known him as legist and jurist for nearly forty years.

David Allen Smalley was married on the 22d of May, 1833, to Laura, daughter of Colonel Bradley Barlow, a large landed proprietor, and -a gentleman of high standing and extensive in- fluence, in Fairfield, Vermont. Five children "were the issue of this union. Of these, Henry Adams Smalley, Bradley Barlow Smalley and Eugene Allen Smalley survive.

HON. BRADLEY BARLOW SMALLEY.

Bradley Barlow Smalley, residing at Burling- ton, was born November 26, 1835, in Jericho, Ver- mont, son of David , A. and Laura (Barlow) Smalley. The father was one of the most eminent citizens of Vermont, and an account of his gene- alogy, life and public services appears above.

When four years of age, Bradley B. Smalley removed with his father to Burlington, where he obtained an excellent practical education in com- mon and academical schools. This completed, he decided to adopt the legal profession for the fu- ture activities of life. Beginning the requisite

studies in the office of his revered father, he also finished them under the supervision of that ad- mirable expositor of the law, and was admitted to the bar of Chittenden county in 1863. Two years prior to the latter event he received the ap- pointment as clerk of the United States circuit and district courts, which he held from January I, 1861, to July 1, 1885. The unquestionably able and faithful performance of the duties appurten- ant to it retained him in position for so many years.

Mr. Smalley's political affiliations are with the national Democratic party. That organization seems to be in the permanent minority in Ver- mont. But notwithstanding this, Mr. Smalley wields much influence, and he has made his mark on the legislative history of the state. In 1874, and again in 1878, he represented the citizens of Burlington in the legislature, and established his reputation as a practical working member. He has also held different municipal offices in the city of Burlington.

In the councils of the Democratis party-as well the national as the state-Mr. Smalley has been and is an influential participant. Of each he becomes a more potent factor as the years roll on. He has been a member of the national Demo- cratic committee since 1873, and since 1876 has been a member of the national executive commit- tee. As such he devoted nearly the whole of his time to the service of his party during the presi- dential campaigns of 1876, 1880, 1884, 1888, 1892, having charge of one of the departments. He was a delegate from the state of Vermont to the na- tional Democratic convention in 1872, 1876, 1880 and 1884. He is in possession of the fullest con- fidence of the Democratic leaders, and exhibits al- most unlimited power for active political work.

Mr. Smalley has manifested much and most intelligent interest in the railroad affairs of the state, and was a director of the Central Vermont Railroad Company up to the epoch of its reor- ganization. He was one of the directors of the Southeastern system of railroads, and the Rutland Railroad Company, and was also a director for many years of the Burlington Trust Company. Thorough and diligent in business, excellent in civil life, and efficient in the various offices held by him, he is respected equally by political friends and political opponents.

Mohnally

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Bradley B. Smalley was married on the 4th of June, 1860, to Caroline M., daughter of Hon. Carlos Baxter, late of Burlington. Five children have been the fruit of their union: Frank Allen Smalley, born September 17, 1861 ; Laura Barlow Smalley, born January 25, 1864; David Allen Smalley, November 30, 1865 ; Frances A. B., Jan- tary 15, 1878; Caroline Deming Smalley, May IO, 1875.

JOHN LYNDON AYERS.

John Lyndon Ayers, of Berlin, Vermont, one ·of the progressive farmers of that section, was born in the town of Middlesex, Washington coun- ty, Vermont, November 26, 1833. Thomas Ayers, great-grandfather of John Lyndon Ayers, was a resident for many years of Greenland, New Hampshire, where he was engaged in the occu- pation of farming. He was united in marriage to Miss Hannah Lucy. Thomas Ayers, son of Thomas and Hannah Ayers, and grandfather of John Lyndon Ayers, was born in Greenland, New Hampshire, where he resided for the greater part of his life. Subsequently he removed to Cornish, New Hampshire. He was united in marriage to Miss Lydia Bartlett.

John Ayers, son of Thomas and Lydia Ayers, and father of John Lyndon Ayers, was born in Cornish, New Hampshire, February 21, 1797. He received his education in the public schools of Cornish, and his boyhood and young manhood were passed upon his father's farm, where he ably assisted his father with the work. In the year 1823 Mr. Ayers removed to the town of Middle- sex, Washington county, Vermont, where he pur- chased a farm and he devoted his time and at- tention to the cultivation of a general line of gar- den truck ; he remained there about twelve years, when he located on a farm on Jones brook, in the town of Berlin, Washington county, where he re- sided for fifteen years. He then settled west of Berlin Corners, in the same town, and remained there for the remainder of his life. In politics Mr. Ayers was a staunch Republican, and he was greatly interested in the success and welfare of that party.

On February II, 1823, Mr. Ayers was united in marriage to Miss Lovisa True, who was born December 17, 1798. Five children were born to

them: Lovisa Warren, born November 17, 1823; Thomas Sylvester, born July 29, 1830, died in August, 1844; John Lyndon born November 26, 1833 ; Charles March, born November 26, 1834; and Hiram Bartlett, born October 12, 1839. Mr. Ayers died May 30, 1889, and his wife died Sep- tember 1, 1884.

John Lyndon Ayers, second son of John and Lovisa Ayers, was educated in the district schools of Middlesex and Berlin, to which latter place his parents removed when he was ten years of age. After completing his studies he assisted his father in the management of the farm, remaining there until he had attained the age of thirty years. For a short period of time he resided on another farm in Berlin ; then he removed to the town of More- town, Washington county, where he remained un- til 1900, when he purchased the farm in the west- ern part of the town of Berlin on which he now re- sides, and which he has cultivated to such a state of perfection that it yields him an abundant har- vest. In his political views Mr. Ayers is a Re- publican.

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Genealogical and family history of the state of Vermont; a record of the achievements of her people in the making of a commonwealth and the founding of a nation, Vol II, Part 83

Author: Carleton, Hiram, 1838- ed Publication date: 1903 Publisher: New York, Chicago, The Lewis Publishing Company Number of Pages: 1044

Author: Carleton, Hiram, 1838- ed
Publication date: 1903
Publisher: New York, Chicago, The Lewis Publishing Company
Number of Pages: 1044