The history of Washington county, in the Vermont historical gazetteer:, Part 98

Author: Hemenway, Abby Maria, 1828-1890, [from old catalog] ed
Publication date: 1882
Publisher: Montpelier, Vt., Vermont watchman and state journal press
Number of Pages: 1066

USA > Vermont > Washington County > The history of Washington county, in the Vermont historical gazetteer: > Part 98

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called by his admirers in a spirit of pleas- ant recognition of his splendid legal abil- ities.

From this time until 1869, he never held an office, nor was he a candidate for one. He devoted himself to the study and prac- tice of the law with an enthusiasm which knew no bounds, and had a large and lu- crative practice.

In 1856, he was the leading counsel for the respondent in the remarkable proceed- ings by quo warranto, to try the title to the office of governor of Wisconsin between the relator Bashford and the incumbent Barstow.

In 1859, he removed to Milwaukee, and formed, by invitation, a law partnership with Hon. E. G. Ryan, then the acknowl- edged leader of the Wisconsin Bar, and afterwards Chief Justice of the Supreme Court of that state.

Two such natural leaders of men could not long remain partners, and this partner- ship was soon dissolved. Mr. Carpenter opened an office for himself, and was con- stantly crowded with business. From 1860 to 1867 his time wasalmost constantly occupied with litigation connected with the railroads of the state, and which was finally carried to the supreme court of the United States, where upon his first appearance he won the rare honor of a highly compli- mentary notice from that grave tribunal.

" Meanwhile, the outbreak of armed re- bellion gave Carpenter the opportunity to lead in politics as in law. Having been a devoted Douglas Democrat, a believer in the constitution, and a stalwart defender of the Union, he burst the bonds of party allegiance, as soon as the democratic party South openly carried out its plans. No voice in Wisconsin, at the outset of the war, was so clear, electric and thrilling as his, when the First Wisconsin regiment was sent to the front. His speech was a trumpet blast that was worth an army corps to the cause that inspired him with the courage of an apostle and the prescience of a prophet. It came from his heart and went to the hearts of the people. It an- ticipated the necessity of emancipation and filled the souls of old anti-slavery leaders

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with apprehensions of its untimeliness. In all the subsequent phases of the war he was constantly in the lead, but never had to go beyond the doctrines and sentiments of the speech that made him the foremost republican leader, in the hearts of the people."

During the dark days of 1863 and 1864. Mr. Carpenter supported the government by public speeches and printed arguments, in which he took the most advanced posi- tion as to the war powers of the govern- ment outside the constitution when the life of the nation was in peril. His power- ful arguments, maintaining the measures of the government, attracted universal attention. So great. indeed, had his reputation become as a constitutional lawyer, that in 1867, when the famous MeArdle case was coming on for argument before the Supreme Court of the United States, Secretary Stanton engaged Mr. Carpenter to make the principal argument for the government. His argument in that case, it may be safely said, will rank with the greatest efforts ever made before that or any other judicial tribunal. After the completion of his brief, he submitted it to Secretary Stanton, who cordially ap- proved it, but added that William M. Mer- edith, of Philadelphia, was the king of American lawyers, and that before the ar- gument was made he desired to have his judgment as to its soundness. Provided with a note of introduction from the Sec- retary and a $1000 retainer, Mr. Carpenter went to Philadelphia, and submitted his argument to Mr. Meredith. A whole day was spent at the latter's residence in a very thorough examination of it. At the conclusion Mr. Meredith wrote Secretary Stanton in these words : " I have care- fully examined the argument of Mr. Car- penter in the matter of McArdle. To it I cannot add a word; from it I would not subtract one."

This case. though fully argued, was never decided, the court holding that it had no jurisdiction : but the National Leg- islature endorsed the soundness of Mr. Carpenter's views by subsequently enact- ing laws for the reconstruction of the

Southern States, which were founded upon the principles maintained by him in this argument.

In 1869. he was elected United States Senator by the republicans of Wisconsin. During his service he bore a conspicuous part in the debates, and increased his rep- utation as an orator and constitutional lawyer. In March 1873. he was elected President pro temporeof the Senate, which position he held until the expiration of his term in 1875. At this time he was the choice of the republicans of his state as his own successor, but the democrats were then engaged in defeating regular nomina- tions through a coalition with disappointed republicans. By a combination of this kind, largely composed of democrats, Mr. Carpenter was defeated.

During the next 4 years he remained in Washington, constantly employed in im- portant causes. Among these was the impeachment trial of Secretary Belknap. in which he appeared for the defendant. He also appeared for Mr. Tilden before the electoral commission, and displayed rare knowledge of state and national laws.

In 1879, he was again elected a senator from the State of Wisconsin to succeed Timothy O. Howe, which office he held at the time of his death.

During all the time he wasin the Senate he continued the practice of the law, mostly in the Supreme Court of the United States. His cases embraced almost every question that could be raised under the Reconstruc- tion Acts of Congress, the 13th, 14th and 15th Amendments to the Constitution, as well as the numerous questions constantly growing out of great business transactions. Upon his ability and acquirements as a lawyer and an advocate his reputation will rest.

His devotion to the law led him to look for the principle underlying every measure requiring his action, and unless such measure seemed to be founded upon sound principles, it failed of his support. Hence he often differed in opinion with his po- litical associates who had gained reputa- tions as statesmen. Upon one of these occasions, being taunted with the fact, he

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exclaimed, "I am a lawyer, not a states- man. 11

To be a good lawyer was his ambition and pride, and in the midst of his political career, when opposition newspapers were pouring abuse upon him without stint or mercy, he found consolation in the fact that none of them had charged him " with being a poor lawyer."

Ex-Attorney-General Jesse Black, who had much professional intercourse with Mr. Carpenter, said of him after his death :

" The American bar has not often suf- fered so great a misfortune as the death of Mr. Carpenter. He was cut off when he was rising as rapidly as at any previous period. In the noontide of his labors the night came, wherein no man can work. To what height his career might have reached if he had lived and kept his health another score of years, can now be only a speculative question. But when we think of his great wisdom and his wonderful skill in the forensic use of it, together with his other qualities of mind and heart, we can- not doubt that in his left hand would have been uncounted riches and abundant honor if only length of days had been given to his right. As it was, he distanced his co- temporaries, and became the peer of the greatest among those who had started long before him. The intellectual character of no professional man is harder to analyze than his. He was gifted with an eloquence sui generis. It consisted of free and fear- less thought, borne upon expression power- ful and perfect. It was not fine rhetoric, for he seldom resorted to poetic illustra- tion ; nor did he make a parade of clinch- ing his facts. He often warmed with feel- ing, but no bursts of passion deformed the symmetry of his argument. The flow of his speech was steady and strong-as the current of a great river. Every sentence was perfect ; every word was fitly spoken ; each apple of gold was set in its picture of silver. This singular faculty of saying everything just as it ought to be said, was not displayed only in the Senateand in the courts ; everywhere, in public and private, on his legs, in his chair, and even lying on his bed, he always ' talked like a book.'"

In personal appearance, Mr. Carpenter was striking and distinguished. He was above the average stature, broad shoulder- ed and well proportioned. His head was large, well set and finely formed. His hair grew in profusion, and formed a fine setting for a countenance which was al- ways strong and winning, but which was in- expressibly sad or characteristically bright and cheery-just as the mood happened to be in which one found him.

In temperament, he was buoyant, en- thusiastic, energetic and kind. His buoy- ancy never left him, his sparkle (and it was his alone), never ceased, his energy never diminished, his industry never wea- ried, and his generosity and kindness, al- ways large, only grew larger and more comprehensive as life went on.

His services as a speaker were sought on all occasions where public joy or public sorrow sought expression. The following extract from one of his addresses will give an idea of his style :

"The loves and friendships of individ- uals partake of the frail character of human life ; are brief and uncertain. The experi- ences of human life may be shortly summed up : a little loving and a great deal of sor- rowing ; some bright hopes and many bitter disappointments ; some gorgeous Thursdays, when the skies are bright and the heavens blue, when Providence, bend- ing over us in blessings, glads the heart almost to madness ; many dismal Fridays, when the smoke of torment beclouds the mind, and undying sorrows gnaw upon the heart; some high ambitions and many Waterloo defeats, until the heart becomes like a charnel-house, filled with dead af- fections, embalmed in holy but sorrowful memories ; and then the cord is loosened, the golden bowl is broken, the individual life-a cloud, a vapor-passeth away."

Mr. Carpenter was a profound believer in the inspiration of the Scriptures-of which he was a close and appreciative student-and of the divinity of Christ. One of his reasons for this belief may be found in the following extract from a letter written by him to Prof. David Swing :

" Whoever will read Cicero's Twilight

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Speculations about Duty and the Future Life, remembering that perhaps he was the fullest man of an antiquity, the ripest scholar and student of the highest period of Roman civilization, and remembering that from the birth of Cæsar to the birth of Christ the only change that came to civilization was a decline, and that Jesus belonged to an out-of-the-way people-a people apart from the high tides of human greatness-and then will read the Sermon on the Mount, I cannot comprehend how he can escape the conclusion that the dif- ference is not one of degree, but of kind. That Jesus, surrounded as he was, could have promulgated a system of morals em- bodying all that is most valuable in the prior life of the world, and to which nine- teen centuries of civilization have been unable to add a thought or impart an orna- ment, is a fact not to be explained by any ridicule."

At the time of his death, his law library alone had cost him more than $40,000, and his library of miscellaneous works numbered about 10,000 vols.

He was married to Caroline, daughter of Hon. Paul Dillingham, of Waterbury, Nov. 27, 1855. Four children were born to them, of whom two-daughters-died in infancy. Of the two now living, Lillian Carpenter, now a young lady, is the eldest ; the other, Paul Dillingham Carpenter, is a lad of 14 years. Mrs. Carpenter, with her son and daughter, now reside in the city of Milwaukee.

[The above are facts furnished by the Dillingham family of Waterbury, with journal notices.]

MRS. HOPY HOLT,

aged over 94 years, is the oldest person we have any record of now living in More- town. She was born in New Bedford, Mass. Her parents were Abraham and Mary (White) Howland. Her mother lived to nearly 82 years. Mrs. Holt was the wife of Amos Holt, who died in More- town some 38 years since, and the mother of 10 children, 9 of whom lived to settle in life as heads of families ; 7 now living ; 3 over 70: Amos Holt, of Berkshire, age

77, Sept. last ; Hopy, aged 74, June '81- Mrs. Hopy Holt Hartwell, now of Mont- pelier, widow 17 years of William Hart- well, who died aged 59, in Berlin ; and Mrs. Mary Goodspeed, who lives in North- ern New York, aged 72.

Mrs. Hopy Holt, in her life of almost a century, has lived in Montpelier, Calais and Moretown, and perhaps in one or two other towns in this county.

She remembers when Montpelier river was of the size of a large brook. She says when young she was spry, and could jump as far as any one ; that with a long pole she could have reached into the mid- dle of the stream, and jumped over. Now at 95, she can drop down on her feet upon the hearth, at the fire-place, light her pipe sitting on her feet, and spring up lightly again without touching a hand down; a feat not half of the women of 40 can ac- complish. She states her little house where she lived in Montpelier, stood upon ground covered now by the mill-pond near the Arch-bridge, near the centre of the present pond. That there were but two framed houses in Montpelier village when she removed to Calais. Her present home is with her son, G. H. Holt of Moretown. We saw the mother of 94 and daughter of 74, together the past summer. It seemed quite a sight, a mother with a daughter of 74 years by her side; and the mother in appearance bid fair to outlive the daughter.

Since the above was in type we have learned that Mrs. Hopy Holt died Dec. 12, 18SI, aged 94 years, 3 mos. 24 days.

TO MY GRANDFATHER.

BY MRS. CELIA BAXTER BRIGIIAM.

The weight of years is on thy brow, And age has dimmed thine eye, Thy step falls not as lightly now, As in the years gone by ;

Yet is thy brow serene and calm, Thine eye uplifted still ; Thy trust in God's protecting arm Old age can never chill.

I look far back through years on years, Before thy locks were gray, And see the smile that soothed my fears, And cheered my infant play.

Those mild blue eyes-they kindly beam On all around thee yet ;

So like my mother's own they seem, I never can forget.

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The music of thy deep-toned voice, Attuned in sacred song, Oft made my raptured heart rejoice, When days were bright and long; And now, when short and sadder all The fleeting days have grown, Kind memory loveth to recall Each spirit-thrilling tone.

I know that Time's relentless hand Is laid upon thy head ; Thee guiding to the shadowy land, With still, unfaltering tread, Yet hath he gently dealt with thee, Since thou, throngh smiles and tears, With retrospective glance canst see The graves of eighty years.

I know the tide that bears thee on Hath no returning wave, Yet down its current One hath gone Far mightier than the grave, And lle, who conquered every foe On Adam's race that waits,

Will guide thee, when the waves o'erflow, Within the Eternal gates.

Abner Child of Moretown, to whom the above lines were written, died in 1854, aged 87.

THE LAKE OF THE CLOUDS.

BY CORNELIA J. CHILD.

Aye! Others may wander 'neath far distant skies, For the beantles of scenery not granted us here, And when suns o'er a classical land shall arise,

May forget all the beanties that blossom more near; But the glories of Nature, whatever they are, Can never be elsewhere more dear than my own, And no magical eye-glass can render more fair A bright distant scene, than a bright one at home.

There's a rapture of feeling that swells to the soul, When we gaze on a land that is hallowed in song; But a deeper soul-worship, beyond our control,

When the glories we love, to our own land belong. Then when weary of bright skies and Alpine delights, The grandeur of home on thy memory crowds, Come back and ascend to Mansfield's proud heights, To bathe the tired limbs in the "Lake of the Clouds."

There are broader expanses of water and wave, Where gems at the bottom in sunshine lie sparkling, But we can imagine as much in the wave [darkling; Where the shades of the wood and the steep rock lie And never did light glimmer down from the moon, And o'er a dark wave more enchantingly play, Than there, where baptized in the depths of the flood, The bright stars lie watching the sleep of the day.

Oh, Lake of the Clouds1 oft my bright fancy takes me On fairy-like wings to thy home in the air, And cooling my lips in the waves of thy fountain, I fancy a charm talismanic lies there; That never shall mortal that's tasted thy waters, Or had them wept o'er him in dews from the skies, Fail to honor his country with love patriotic, And leave a warm prayer for her weal when he dies.

But whenever a son of the ever-green Mountains Shall feel Freedom's fire less ardently burn, [him, Thy waves will all spring to the clouds to rain o'er And the Genins of Country replenish the urn.

Then though there's no bright spell of Ilistory cast o'er To kindle the mind and wake intellect's joys, [thee A classical charm shall be thine yet in story, [boys. For thy waves have been parted by Green Mountain

A body of water on Mansfield Mountain, familiarly known to sportsmen as the " Lake of the Clouds."

MILITARY REGISTER. BY AARON GOSS. Co. G. 6th Reg. Vt. Vols. from Oct. 15, 1861, to Fan. 1, 1864. Bixby, Russell, enlisted from Bradford. Boyce, George C., from Fayston, lost in the battle of the Wilderness.

Bowen, Warren, from Topsham.

Brock, E. A., residence not put down.

Corliss, C. B., from Duxbury.

Craig, Daniel R., Orange.

Clemens, Charles, Orange.

Caruth, Albert W., Topsham. Craig, Albert E., Orange. Chase, John J., Fayston. Church, Geo. K., Washington.

Demass, Oliver P., Fayston.

Eastman, Geo. E., W. Topsham.

Emerson, James K., Wolcott.

Fenton, Bartholomew, Moretown.

Goodspeed, Elisha, Warren. Gilson, Eli, South Fayston.

Gove, Ira S., veteran, Lincoln; killed at Cold Harbor, Va., June 8, '64.

Greene, Edson, Orange.

Gillett, Abel W., Duxbury ; served his time in invalid corps.

Heath, Horace L., West Topsham ; pro- moted by commission in negro reg. Howe, C. C., Thetford.

Hunter, John H., veteran, wounded at Funkstown, Md., July 10, '63; also wounded in the Wilderness, Va., May 4, '64: had his right arm amputated May 5, '64. Hunter was one of the best of soldiers ; would have marched right into a cannon's mouth if it had been necessary ; he knew no fear of death when in action.

Johnson, Benjamin B., wounded at Spott- sylvania, May 11, '64. Johnson, William H.

Kenney, Geo. W., wounded at Banks' Ford, May 4, '63 ; not down where from.

Lyford, Henry, veteran, Hardwick ; wd. at Savage Station, Va., June 30, '63.

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Lewis, Edwin C., veteran, Northfield ; commissioned in negro regiment, and sent to the south-western department. Marble, Calvin B., Fayston.

Marble, Geo. L., veteran, Fayston ; killed at Cedar Creek, Oct. 19, '64.

McLam, Robert, West Topsham.

McCandlish, Benjamin, Burlington.

Mills, Charles, Warren.

Watson, Ezra G., not stated where from. Meader, Wm., wd. at Franklin Crossing, Va., June 7, '63.

Moore, Joseph Jr., Bradford ; wounded at Mary's Heights, May 3, '63.

Moore, Carlos B .. Bradford.

Paul, Joseph, Topsham ; promoted to ad- jutant clerk.

Persons, Fred D., Warren ; promoted to orderly serg't. Oct. 1864.

Porter, Warren C., Fayston ; taken pris. at Banks' Ford, May 4, '63.

Ricker, Benjamin, Washington ; taken prisoner at Banks' Ford, May 4, '63.

Richardson, Reuben, Fayston, veteran, having served in the 9 months' men.

Shonnio, Arnold, Duxbury ; wounded at Mary's Heights, May 3, '63 ; leg ampu- tated May 5.

Smith, Emery L., Northfield ; taken pris. at Savage Station, Va., June 30, '62 ; also wounded at the battle of the Wil- derness, Va., May 6, '64 ; Smith was a good soldier.

Stoddard, Lyman, veteran ; wounded at Mary's Heights, May 3, '63.

Strong, Wm. H., Fayston. Shontell, Lewis, Middlesex. Stratton, Charles E., Orange. Tillotson, Leander, Topsham.

Tucker, Julius E., veteran, Rochester ; taken prisoner at Bull Run and probably killed by one of Mosby's guerillas.

Taylor, John W., not credited where from. Veo, Joseph, Northfield ; wounded at Fred- ericksburg, Dec. 12, '62, and Mary's Heights, May 4, '63.

Usher, Nathan D., veteran, Goshen Gore. Wright, H. R., town not given. Whipple, John, town not given.

Whittlesey, James E., Moretown, nick- named Horace Greeley ; transferred to invalid corps.

Boyden, Dexter, Duxbury ; transferred to invalid corps ; wounded at Banks' Ford. Bates, Lewis, Fayston ; transferred to in- valid corps.

Boyce, Nelson, Fayston ; transferred to in- valid corps.

Burnham, Martin ; transferred to the U. S. Army, from Williamstown.

Collins, Daniel, Moretown ; transferred to invalid corps.

Rock, Joseph, Northfield ; transferred to invalid corps.

McDonald, Michael, not stating where from ; transferred to invalid corps.

Shonnio, Geo., Duxbury ; transferred to invalid corps ; killed in action.

Buzzell, Ezekiel, Moretown; killed at Savage Station, June 30, '62.

Craig, Wm., Orange ; killed at Funkstown, July 10, '63.

Murray, James R., Moretown ; killed at Savage Station, June 30, '61.

Shedrick, Geo., Lincoln ; killed at Savage Station, June 30, '62, beloved by all the Company.

Hathaway, Wm. H., died Sept. 12, '63 ; Co. B. 13th.

Foster, Wilber, Co. D, 2d Vt. Vols ; died Feb. 21, '63.

Foster, Leonard R., Co. B, 10th Vt. Vols. ; killed at Cedar Creek, Oct. 19, '64.

Engagements the Company were in .- Lee's Mills, Va., Apr. 16, '62 ; Williams- burg, Va., May 5, '62 ; Golden's Town, Va., June 27 ; Savage Station, Va., June 27 ; White Oak Swamp, Va., June 30; South Mountain, Md., Sept. 14 ; Antietam, Md., Sept. 17 ; Fredericksburg, Va., Dec. II to 15; Mary's Heights, May 3, '63 ; Banks' Ford, May 4, '63 ; Fredericksburg, June 6, '63 ; Gettysburg, Pa., July 2d and 3d, '63; Funkstown, Md., July 10, '63; Rappahannock Station, Va., Nov. 7, '63 ; Locust Grove, Nov. 27, '63.

Discharged for Wounds .- George A. Jones, wounded at White Oak Swamp, July 1, '62 ; James Keer, wounded at An- tietam ; Andrew J. Slayton, not stated what discharged for ; Chas. E. Spaulding, Chester P. Streeter, George Somerville, James Sweeney, Albert Williams.

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Deserters .- Jewell S. Eddy, George C Welton, William Mills, James Wemes. 2d Brigade, 2d Division 6th Army Corps, Co. G. Officers.

Captain, Edward R. Kinney ; promoted from Ist lieut., Co. I, June 30, '63.

Ist Lieutenant, Charles C. Backus ; promoted serg't. to 2d lieut., and to Ist lieut., Nov. 1, '62.

Captain, W. H. H. Hall ; resigned Apr. 30, '62.

Captain, L. M. Tubbs ; promoted from lieut., Co. B, June 14, '62 ; resigned June 20, '63.

Ist Lieutenant, Alfred M. Nevens ; died May 2, '62, of wounds received at Lee's Mills ; buried in the cemetery at the village in Moretown.

Ist Lieutenant, Benoni B. Fullam, pro- moted from serg't. major June 14, '62 ; dismissed Oct. 25, '62.

2d Lieutenant, Edwin C. Lewis; re- signed '62.

2d. Lieutenant, Edwin C. Joslyn ; pro- moted from private, Co. D, Dec. 7, '62 ; pro. to Ist, Co. D, Feb. 3, '63.

2d Lieutenant, Fred D. Kimball ; pro- moted from Co. D, Feb. 3, '63 ; wounded July 16, '63 ; discharged Oct. 22, '63.

Sergeants .- Ist, George F. Wilson, vet- eran, from Northfield, killed at Gaines' Farm, June 1, '64; Henry C. Backus, Fayston ; Wm. M. Cleaveland, Hancock, a very brave soldier, killed at the battle of the Wilderness, Va., May 6, '64; Ernest E. Burroughs, wounded July 10, '63, at Funkstown, Md., killed at Gaines' Farm, June 1, '64 ; James Harriman, wounded at battle of Wilderness, Va., May 6, '64 ; Ist, Oscar G. Kelsey, Warren, died July 10, '62, of wounds received at Gould's Farm ; Ist, John F. Jones, Waitsfield, discharged Apr. 16, '63 ; Charles C. Backus, promoted to 2d lieut. June 12, '62.

Corporals .- Leman J. Holden, Hard- wick; John Lee, Jr., Middlesex ; Hiram Goodspeed, Warren; Charles P. Divoll, Topsham, died June 1, '64, of wounds re- ceived at battle of the Wilderness, Va .; Frank A. Trask, Warren; Aaron Goss, Moretown, promoted from private Dec. 28, '63, by order of regimental officers ;

Bertram D. Campbell, Waitsfield, died of measles ; Wm. H. Smith, Waitsfield, died of measles, Dec. '61 ; Merrill H. Pucklin, Warren, died of chronic diarrhea; Oscar J. Moore, Lincoln.

Musicians .- John Devine, fifer, veteran, from Middlesex ; Michael P. Eagan, drum- mer, Moretown ; Caleb Heath, drummer, discharged ; David C. Holt, fifer, dis- charged ; Charles Franklin, Barre, team- ster ; C. C. Armington, Duxbury, pioneer and general laborer.

Privates Discharged .- George A. Jones, Northfield, wounded at White Oak Swamp, Va., July 1, '62 ; James Keer, Hancock, wounded at Antietam, Sept. 17, '62.

The following not stated where from : Alonzo Lane, Andrew J. Slayton, Charles E. Spaulding, Chester P. Streeter, Geo. Somerville, James Sweeney, Albert Wil- liams.

Soldiers buried in Moretown .- Those be- longing to other organizations, who died and are buried in town : Osman G. Clark, died July 11, '64, of chronic diarrhea ; Co. B, 10th Vt. Vols.

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The history of Washington county, in the Vermont historical gazetteer:, Part 98

Author: Hemenway, Abby Maria, 1828-1890, [from old catalog] ed Publication date: 1882 Publisher: Montpelier, Vt., Vermont watchman and state journal press Number of Pages: 1066

Author: Hemenway, Abby Maria, 1828-1890, [from old catalog] ed
Publication date: 1882
Publisher: Montpelier, Vt., Vermont watchman and state journal press
Number of Pages: 1066