USA > Vermont > Rutland County > The history of Rutland county, Vermont; civil, ecclesiastical, biographical and military, pt 1 > Part 5
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Very respectfully, sir, your servant,
L. C. KELLOGG.
Since his retirement from the bench, he had interested himself in historical studies, and had written many valuable communications for the press on subjects connected with local history of towns and the State. His last published communication was in the Vermont Standard, proving from official records that
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" Slavery ha i no legal existence in Vermont." He wrote a history of the town of Benson for Miss Hemenway's Gazetteer, probably one of the most perfect town histories that has ever been written in Vermont., At the time of his death he was one of the Vice Presi. dents of the Vermont Historical Society, and President of the Rutland County Historical Society.
olies. It is to be hoped that some man will be found who will have the same Roman conrage he exhibited to take it up where be left, it, and press it to enactment against all the combinations that may be arrived azelast it, for it is a measure requisite for the welfare of the people.
As a lawyer, Judge Kellogg ranked high. From the commencement of his career as a lawyer he was remarkable for his studious and reflective habits. His mind was broad in its range, and very harmonious in ita de- velopment. He examined a case in its bar- ings, with logical discrimination. He became a learned and sound lawyer. His arguments, though perhaps not as ready as some of his associates at the bar, were exhaustive, as well from his own deductions as from inves- tigation of authorities. But the grandeur of his position rested on the uprightness of bis mind. As a member of the legal profession
As a legislator, Judge Kellogg always stood in the front rank. His extended experience in the General Assembly for several terms, his practice at the bar and observation on the bench, and knowledge of the wishes and needs of the people, placed him in a position for presenting questions of importance and framing measures that were adapted to the common weal, and he added his earnest ad- vocacy of every question to which his atten- tion was directed, and generally with success His value as a legislator was more apparent at the session of IS71. Under the biennial | he deserved and acquired an enviable repu- system the laws were to be adjusted to the tation for ability, learning ant unyielding integrity. When once he planted his foot on a principle or elaborated a doctrine, it was done with firmness and few could move him. His distinguishing characteristic was that ha laboriously and faithfully devotel himself to the discharge of his duty to his clients. He never trusted to any temporary inspiration. He was well grounded in legal principles and was familiar with the adjudications of the courts, and always prepared himself for each trial and argument methodically and elabo- rately. His addresses and arguments were clear, logical and forcible, but without orza- mentation. They were the results of a close and careful examination of his cases. There was no parade or ostentation about him. The simplicity of his manner, his habitnal candor and laborious research, commended him to the attentive consideration of those whom he addressed. His last appearance at the bar was at the September term of the Rutland County Court, where he made an able and elaborate argument in reference to the title of the county to the land upon which the old court house stood. His argument at- tracted the close attention of the court and the bar, and was his last publie effort. existing condition of affairs, and he gave his attention to all statutes that were necessary to be amended to make them harmonious, and all the acts for that purpose were drawn and presented by him, which was a labor re- quiring great accuracy, and was a work that few could have undertaken and accomplished without a single omission. He had from ob. servation, both on the bench and among the people, become firmly convinced that the time had come when the interests of the peo- ple demanded the enactment of a general railroad law, and he determined to become the champion of such a measure, and accord. ingly early in the session introduced a bill en. titled " An act authorizing the formation of railroad corporations, and to regulate the same" which he deemed best in order that the scheme might have a fair and impartial hearing, untrammeled by any other railroad question, should be referred to a committee of seven members, and the speaker appointed the following committee ; Messrs. Kellogg of Benson, Stetson of Enosburg, Graves of Ben- nington. Holt of Berlin, Walworth of Wev. bridge and Crosby of Brattleboro. The bill. although in its main features similar to the law of New York, met with the persistent and strong opposition of existing railway cor- porations, both within and without the State, who appeared in the hearing of the commit. tee by their attorneys, and officers, and finally succeeded in influencing five of the committee to present a report (which had been prepared by the railroad lawyers) against the bill. Although Judge Kellogg did not present a minority report, yet he male a powerful ar- guigent before the house, reviewing the posi tions taken in the majority report,-which was perhaps the greatest speech of his life. He Lad to succumb before the powerful rail- road influence of the State, and his favorite measure was lost. Had he lived, it would have been presented with more force at a fu- ture session, and become a law, for it was in the interests of the people andI against monop-
As a judge, he discharged his varied duties with conscientious fidelity. He examined all questions which came before the court with judicial learning, dispassionate fairness and impartiality which should ever characterize hi who would worthily aid in the adminis- tration of justice, and he has given on the bench an illustration of the qualities which make the upright judge. He was clear, calm, courteous and decided. All things were done in order and deliberately. He will be re- membered among those who have worn the judicial ermine with honor. He was more widely known as a judge than in any other position. Ils opinions were clear, compact and forcible. They gave evidence of exten- sive attainments, great research and a ciear perception of the principles involved, and ars characterized alike by deep thought and sound
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practical judgment, and his fame will rest upon his judicial character.
He was accustomed to read much outside of his profession. In the interests of profes. monal labor he was a constant reader upon subjects that interested him, and of general literature. His general information outside of his profession was extensive and varied In his conversation he was agreeable and interesting. In his relations to all classes o! the community. he was social, kind and con. siderate. Although Judge Kellogg adorned various official positions, he never sought cffice. His fidelity, the simplicity of his man- ners, and his integrity, as well as the clear- ness and strength of his intellect inspired confidence and recommended him to his fel low citizens. They knew that whatever duty he accepted, would be discharged creditably
His death was not unexpected. The sol. emn warning he received to be ready five years ago indicated to him that his earthly career was drawing to a close. Since that period his constitution steadily failed. When having passed an honorable life, in the midst of his years the summons came. In his last hours he enjoyed all the comforts wealth could furnish, and far beyond that, he was blessed with the tender and ever watchful care of kind and tender friends, whose re. gard for his comfort knew no bounds. He saw the day of his departure approach with- out fear, but with a faith anchored in the promises of his God.
He was never married, but resided at the oid licmestead, in the family of his brother, L Howard Kellogg, Esq., who, together with two other brothers, Harlan P. Kellogg of Chicago, and Wilbur F. Kellogg and one sister, Joanna M. Kellogg, survive him.
Thus has passed from earth, one whose ser- vices shall live after him, whose private life was above reproach. He has gone in the prime of his years, and his name and memory will be cherished in all communities. It is honorable and fitting that we should lay this wreath on hishonored grave. Profession- al fame is transient. judicial reputation is limited The warrior and statesman receive public honor, while the jurist and judge may be unknown. But the victories of peace are not less valuable than those of war. But he departs full of honors. He leaves a legacy ct a well spent life and an untarnished rep- utation.
His funeral services were solemnized at the residence of his brother, L. Howard Kellogg. Esq., which had long been his home, and the home of his father, the old homestead that he loved so well. The services were solemn, brief and appropriate. There was no attempt at ostentation or display, but everything was conducted with that simpleity and serious- ress which so became his character, and which would have been his desire if he could have expressed his wishes.
We regret that so few were present from other parts of the county, to unite in the last sad tribute of respect to one so widely known
and so well beloved as Loyal C. Kellogg. But the extreme cold weather. the difficulty of access to Benson and the bad condition of the roads undoubtedly prevented many from attending wac otherwise would have been present. Among the prominent zentle- men in attendance were Hon John Prout, Frederick Chaffe, Wilnam Gilmore and John WV Crampton, ot Ratiand; Hon Rodney Ct. Abell of West Haven, Hon. Daniel Croloot and Hon, Martin C Rice cf Benson.
The relatives and friends of the deceased and gentlemen from abroad qu.etly assem- bied at the house. Io a front room of the house amid the books he so constantly and carefully studied. enclosed in ac elegani buri- al case was all that remained ci nim so late- ly instinct with hte and thought. Helocked but little changed from what he was when last we saw inm-perhaps a little more sal- low and somewhat thinner-but it was the same quiet, calm, dignihed man, lying as if in sleep or repose. In looking at him it was difficult to realize it was for the last time. The coffin was surmounted by a silver plate on which was engraved the name, date of death and age of the deceased In each cor- ner of the plate were beautifully chased cross- es emblematical of his faith in the Saviour of the world.
The funeral services at the house were, as we have said, brief and simple. Rev. Hen- ry M. Holmes, pastor of the Congregation- al church, made a few very brief and ap- propiate remarks, followed by a prayer by Rev. II. F. Austin,* pastor of the Methodist church.
A procession was then formed under the direction of Hon. Daniel Crofoot, and the re- mains carried to the village cemetery. Hon. John Prout and Frederick Chaffe of Rutland, H R. Jones, M. D., J. S. Griswold, Hon. Martin C. Rice and F. W. Walker of Benson, acting as pall bearers.
At the cemetery the body was " committed to the ground-" earth to earth" by the side of his mother and among his kindred, there to remain until the resurrection morn-the Rev. H. F. Austin repeating the beautiful ritual of the Episcopal and Methodist churches appro- priate to that act.
At the close of the services at the grave the family, relatives, friends and citizens of Benson assembled at the Congregational church to hold a public memorial service, the desk being occupied by Rev. Messrs. Austin and Holmes.
The services were opened by the singing by the choir, Montgomery's beautiful hymn.
" Friend after friend departs; Who has not lost a friend ?
There is no union here of hearts That finds not here an end."
* Rev. Mr. Austin is known as the reviewer of Rev. Mr. Morris' "Science and the Bible; or the Mosaic Creation and Modern Discoveries," Schaff's " History of the Christian Church," and other works .- ED.
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Rev. Henry M. Holmes read portions of the 19th chapter of Job and of the 15th chap. ter of 1st Corinthians.
An impressive prayer was offered by Rev. Mr. Holmes, after which, another Hymn was sung.
Rev. H. F. Austin then preached a dis- course from Micah, vi. 8 :
"He hath shewed thee, O man, what 13 good; and what doth the Lord require of thee, but to do justly, and to love mercy, and to walk humbly with thy God "
The context, he said represents a contro- versy between man and his Maker, in which God accuses him of ingratitude, which man admits and looks for the means of reconcilia. tion. Toobtain this, God requires something of man that is not beyond his comprehension. and which is for his best interest and that of societty
These three cardinal requirements embrace the whole duty of man. 1. To do justly. This is to give all their due. It is not con- fined to mere human creeds-they may be too exacting or too contracting, may require too much or too little. To do justly requires compliance with the higher law. There is a higher law, and when this conflicts with mere human law, the latter must yield. Human laws may be, and sometimes are unjust, and it would be wrong to submit to them ; then we must resist them. As examples of obey- ing the law of God instead of man, he refered to Daniel and the Apostles. To do justly we must be just to ourselves. Most of us pro- vide for ourselves, and procure clothes, food, gold, etc., but this is not enough we must also provide for our souls, we must also deal justly with others. There are too many Cains, who ask. " Am I my brother's keep- er ?" The golden rule covers the whole ground. We will do justly, if we obey the two great commandments, " Love God" and " Love thy neighbour as thyself." We must not only render unto Cæsar, but unto God. It is not enough to abstain from crime and immorality, but the heart must be right- must be pure " Blessed are the pure in heart for they shall see God."
2. To love mercy Mercy is kind, loving. tender. Mercy is great when it tempers jus- tice. Justice requires the punishment of of- fenders, while niercy would grant them an unconditional pardon, if consistent with laws.
The difference between justice and mercy was explained at some length. A judge might be just and take pleasure in sentencing a criminal to the full extent of the law, while the judge, who tempered justice with mercy, would pass the same sentence because com- pelled to do so and would regret it.
3. Walk humbly with thy God. To walk humbly with Gol is to, with meekness ot heart, molesty of soul and with an humble and contrite spirit, seek a reconciliation with and become a friend of Gol, and to love Him and cheerfully to obey him.
These three, "to do justice, and to love mercy, and to walk humbly with thy God,"
is all that is required of us. To fear God and keep his commandments is the whole duty of man.
He concluded with a sketch of the life and character of Judge Kellogg, as illustrating the teachings of the text.
Rev Henry M. Holmes followed in brief remarks eulogistic of the character of Judge Kellogg and of the high appreciation in which he was held by the people of Bensco, and the great loss they had sustainedl in bis death, not only by them but by the people of the county and State.
After singing by the choir
"Mark the perfect man,"
the audience was dismissed with the benedic- tion by Rev. Mr. Austin.
RESOLUTIONS ON THE DEATH OF HON. LOYAL C. KELLOGG.
At a meeting of the citizens of Benson, the following resolutions were adopted in respect to the memory of their honored fellow citizen, Hon. Loyal C. Kellogg :
WHEREAS, It has pleased an All-wise Prov- idence to call, by death, from our midst, our revered and honored friend and townsmas, Judge L. C. Kellogg :
Resolved, That in his death the town has lost one of its firmest and most devoted friends ; the State a distinguished and honor. able son ; a wise and able legislator, and the Bar and Bench one of their brightest orna- ments.
Resolved, That we recognize in the life and character of Judge Kellogg, a true nobility. Firm and undaunted in the pursuit of justice and right, no temptation could move him from the path of rectitude and honor.
Resolved. That we will cherish his memory in fond and grateful remembrance, as one wi. ) has honored us, in his example and lite. and of whom it may be most truly said, " He lives long who lives well."
Resolved, That we tender to the deeply afflicted and sorrowing family, our warmest sympathy.
Resolved, That a copy of these resolutions be sent to the family, and to the Rutlasi Herald for publication.
I.Y MEMORIAM LOYAL C. KELLOGG.
David E Nicholson, from the committee previously appointed for that purpose, pre- sented the following report :
To the bar meeting in presence of the Hon. Court now in session :
Your committee to whom was refered the subject of the death of the late Loval C. Kellogg, respectfully report, that having se- riously considered the same, they recommen } the following recital and testunonial :
WHEREAS, Our late professional 'brother, and associate member of this high Court, Hon. Loyal C. Kellogg, has by disease and
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death been taken from the counsels of the the, and the companionship of the other; Lierfore-
Koolved, that with a chastened submission to Divine Providence, we now invoke the recognition and the records of this Hon. Count to emphasize and perpetuate the meas- ure of our confidence and esteein for him who Las representatively prolonged his useful life to us and to our successors, on the bench and a' the bar. by the valued bequest, not only of his professional library. but by the richer inheritance of the fadeless example of a worthy and successful life.
Reached, That, to the sundered family cir- cle of the illustrious deceased, we send assur- ance of mingled condolence and congratula- tion-condolence for their great bereavement -congratulation for the priceless aggregate of surviving memories.
D. E. NICHOLSON, ) M. G. E'VERTS, C. H. JOYCE, D. ROBERTS, W. C. DUNTON.
Committee.
In presenting the resolutions, Mr. Nichol- son paid a feeling and eloquent tribute to the memory of Judge Kellogg, which was appro- priately responded to by Chief Justice Pier- point, who ordered the resolutions placed on the records of the Court.
JUDGE KELLOGG'S BEQUEST TO THE COUNTY OF RUTLAND.
At a session of the Rutland County Court, the present term, the Hon. Hoyt H. Wheeler, Chief Judge, announced that he had received a communication from L. Howard Kellogg, executor of the Will of Hon. Loyal C. Kel- logg, formerly a Judge of this Court, informing the court and bar of the bequest, by Judge Kellogg, of his Law Library to the County of Rutland, for the use of the bar, etc. He then presented the following
LETTER FROM L. HOWARD KELLOGG.
BENSON, Vt., March 15, 1872. To Hon. Hoyt H. Wheeler, Judge; Hon. J. B. Bromley, First Assistant Judge and Hon. Bradley Fish, Second Assistant Judge, the members of the legal profession :
Gentlemen :- It becomes iny duty as the Executor of the last Will and Testament of my brother, Loyal C. Kellogg, deceased, to place in the posession of the proper enstodian, the Law Library of said deceased which he has bequeathed to the County of Rutland by tl+ fourth Article of his Will, which reads as follows :
"I give and bequeath to the County of Rutland aforesaid, all of my books belonging to my Law Library, now at Rutland, to be kept in the Court House of said County for the use of the Judges of the Courts, and the
members of the legal profession who may attend the Courts in said County."
Said library is now in the office of the County Clerk, and is subject to such use as 13 designated by the said Will.
In discharging this trust, I do most full7 rely that your Honors, and the members of the bar, will make such provisions for the safe keeping of said library, and such regula- tions regarding its use, as will most fully car- ry out the evident intention of the testator.
Faithfully yours,
L. HOWARD KELLOGG.
The foregoing communication having been read, on motion of David E. Nicholson, it was ordered and the Court appointed Warren H. Smith. John Prout and Rodney C. Ab =!! a committee to present to the Court a suitable acknowledgement of the bequest therein med- tioned.
The Committee, subsequently, (Monday, April 15th) presented a report which was ordered placed on the records of the Court and copy furnished to L. Howard Kellogg.
REPORT OF THE COMMITTEE
STATE OF VERMONT, Rutland County, March Term, 1672
To the Honorable County Court:
Your committee, to whom was referred the communication of the Executor of the last Will and Testament of the Hon. Loval C. Kellogg, advising of the bequest of His Lay Library to the County of Rutland, for the use of the Court and the members of the bar attending said Court, and that said Library has been delivered into your custody : for the purpose of suitably acknowledging sa:i be- quest, report :
That in this bequest by Judge Kellogg we have assurances of the high regard in which the testator held this, his native county, and the kind remembrances he had of his asso- ciates of the Bench and brethren of the bar. And this presentation of his very choice an I valuable collection of books calls upon its re- cipients to provide a safe and suitable place for its deposit, that the beneficial objects of Judge Kellogg, in making said bequest, may be fully secured.
That the thanks of the Court and bar are due and are hereby tendered to L. Howard Kellogg, the Executor, for this early execu- tion of his trust, with assurances that this legacy is highly prized and shall be properly provided for and safely kept in the place, and used, for purposes for which it was bequeath- ed, by his brethren.
W. H. SMITH, J. PROUT, Committee
R. C. ABELL.
RUFUS WILMOT GRISWOLD.
FROM " THE POETS AND POETRY OF VERMONT."
Mr. Griswold, the patron of American Po- ets, was born at Hubbardton, Rutland Coun- ty, Vermont, February 15, 1$15. A great
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part of his early life was spent in voyages. He afterwards studied divinity, and became a Baptist clergyman. He has been associate editor of The New Yorker, Brother Jonathan, New World, and several Boston and Plnla. delphia journals. In 1842, he edited Gra- ham's Magazine. In 1850, he projected the International Magazine He had a more extensive literary acquaintance, probably, than any other man in the country. The " Poels and Poetry of America," he edited in 1842; " The Prose Writers of America," in 1846; " The Female Poets of America," in 1849 ; " Washington and the Generals of the American Revolution." and" Napoleon and the Marshals of the Empire, in 1847. His other works are " The Poets and Poetry of England in the Nineteenth Century." " The Sacred Poets of America and England," Curiosities of Amer- "can Literature," " The Biographical Man- ual," " The Present Condition of Philosophy," and a serial volume of miscellaneous poems, published in 1830. But few of his own po- ems have been preserved. He is best known as a biographer, critic and antiquary. Our literary annuals he knew by heart, and no man of letters has done more to present the claims of American literature to the world. Both his mind and disposition were complex. He alternated between the extremes of feel- ing; yet he possessed, with all his peculiarities, a most exact sense of justice, and though at times, as a critic, dogmatic and severe, still he was nearly always the friend of the weak- er party. In 1842, he resumed his ministe- nal profession. His sermons were his finest compositions, and delivered with taste and eloquence He died in New York city, Au- gust 29, 1857.
TO JANE.
WRITTEN IN THE ALBUM OF A NEAR RELATIVE.
Alone sat Hagar in the wild,
Alone with Ishmael her child,
And through the sultry mid-day air Sent up to Heaven her earnest prayer. Oh, lovely Hagar! keen thy woe, Thine agony that few may know; Yet, though forsaken and alone, One star benignant on thee shone; And, as thy gaze was turned on high, Its light made all thy anguish fly. Oh, lovely Hagar ! keen thy woe, But God forbade thy tears to flow.
Remember her example, Jane ! When comes, as come it will, the pain Of broken faith and heart-felt wrong, For these, alas! to life belong. When dark thy sky, when woes assail, Bend not before the chilling gale, But upward turn thine eyes, to Him . Whose love bor change nor death can dim. However dark thy way may be, The same bright star will shine on these That turned to joy the bitterness Of Lagar in the wilderness.
BRANDON.
FROM MANUSCRIPTS LEFT BY THE LATE HON. ANDERSON G. DANA, M. D., LL. D.
EARLY SETTLEMENT.
Neshobe, the charter name of this town, it retained 23 years; the patent being dated Oct. 20, 1761, while the Act of the legislature, confirming the organization of the town, and ; changing the name to Brandon, was passed, Oct. 20, 1784.
To avoid confusion, the name of Brandon will be adhered to, except in copying from proprietors' or other records.
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