History of Dane County, Wisconsin, Part 82

Author: Butterfield, Consul Willshire, 1824-1899; Western Historical Co., Chicago, pub
Publication date: 1880
Publisher: Chicago : Western Historical Company
Number of Pages: 1304


USA > Wisconsin > Dane County > History of Dane County, Wisconsin > Part 82


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CHARLES D. ATWOOD


was born at Madison on the 4th of June, 1850. He had the education of the printing office, supplemented, however, by attendance upon the public schools and by a partial course in the State University. As he approached the age of manhood, he began his work in journalism as a reporter of legislative proceedings, and by occasional correspondence published in the State Jour- nal. In 1870, he made a short excursion across the continent, and wrote some interesting let- lers from California. In the autumn of 1872, hereceived from President Grant an appointment as Consular Clerk. The office of Consular Clerk was created by an act of Congress in 1864. The whole number of such clerkships is limited to thirteen ; a careful preliminary examination is required, and, the appointment once made and the examination passed, the Clerk is only removable for cause. The purpose of the act was to create a school for training a few young men for Consular life. It was intended that the Consular Clerks, after becoming familiar with Consular duties, should, from time to time, as they proved themselves worthy, be pro- moted to Consulates. The plan was an excellent one, but, unfortunately, for our foreign service, has never been carried into full effect, the trained Consular Clerk having almost without excep- tion been ignored, while the Consulates continue to be filled with raw material supplied by poli- ticians at home. Young Atwood, having passed a creditable examination before the board at Washington, was assigned to duty at Liverpool, under his fellow townsman Ex-Gov. Fairchild. He sailed in November, 1872, and soon afterward received the additional appointment of Vice Consul at that port. His various duties were performed with much skill and judgment. His gentlemanly bearing, his capacity, trustworthiness and fidelity were such as to command the espect of all who were brought into social or business relations with him.


In 1874, he visited his old home, and, on the 8th of September of that year, formed a happy marriage with Miss Elizabeth Ward, of Madison. Shortly afterward, he returned with bis wife to Liverpool, and resumed his official duties there. During his residence abroad, he saw much of England, and something of the continent, and wrote occasional sketches of travel for his father's paper, the Madison State Journal, which indicated much power of observation, and were characterized by an easy and graceful style. While he found a great deal that was attractive and pleasant in his life in England, his home attachments were strong, and he felt a longing to be back once more among the scenes of his boyhood. The bright waters of Monona and Mendota, the pure air and umbrageous streets of this Interlaken of the West, possess a strong attraction for all who have for any considerable time felt their influence. Moreover, with riper years and wider knowledge gained from books, from travel and observation, came the prompting to devote his future life to journalism. Accordingly, in the spring of 1876, he resigned his position at Liverpool, and returned to Madison. From that time until his final illness, he was actively engaged as one of the editors of the State Journal. A severe cold finally terminated in an acute attack of pneumonia, which resulted in his death on the 6th of February, 1878.


Mr. Atwood was gentle, courteous and truthful. There was no malignity in his nature. All who knew him loved him. He was a gentleman, too, with graceful manners and refined tastes. He was dignified withont being pretentious, cheerful and sunny in his disposition, generous and obliging, with a vein of quiet humor that made him a pleasant and welcome companion. What


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he might have accomplished in his chosen calling, can, of course, only be surmised. He had but just taken up the serious work of life, when his career was brought to an untimely close. He died with


-" the hope of unaccomplished years Yet large and lucid round his brow."


GEORGE B. SMITH


was born at Parma Corners, Monroe County, N. Y., May 22, 1823. His father, Reuben Smith, was a native of Rhode Island. His mother's maiden name was Betsey Page. She died when the subject of this sketch was but ten weeks old. Both father and mother possessed much strength of character, and the father filled many places of honor and trust, discharging faithfully every duty. In 1825, the family removed to Cleveland, Ohio; and in 1827 took up their resi- dence in Medina, Ohio. It was in this place that George received a few years' schooling, and entered upon the study of the profession of law, with H. W. Floyd, of Medina. In about a year thereafter he entered the office of Andrews, Foot & Hoyt, of Cleveland, where he pursued his studies with great diligence for about one year. Being a young man possessing much self- reliance-a characteristic that never left him in after life-his mind naturally turned to the great West, which was then attracting attention in all parts of the country, and, with his father, came to Wisconsin, locating first at Kenosha (then Southport), and there pursued his studies in the office of the late O. S. Head. He was admitted to practice at the bar of the United States Court, A. G. Miller presiding, on the 4th of July, 1848. Spending a short time in Kenosha after his admission, he returned to Ohio, and united himself in marriage with Miss Eugenia Weed, of Medina. Then, with resolute courage, he again turned westward, and in the fall of 1845 located in Madison, the capital of the Territory of Wisconsin. It was here that he literally fulfilled the Greeley advice of growing up with the country. Wisconsin then contained but a small population ; Madison was a village of three or four hundred souls. The young attorney at once took a leading position in his new home, and, rapid as was the growth of the West, he kept pace with it, and in all after life was found in the front rank of its citizens. He at once entered upon the practice of his chosen profession, and one which he dearly loved, in the several courts of the then Territory, and continued a prominent member of the Wisconsin bar to the time of his death.


In January, 1846, Mr. Smith was appointed District Attorney for Dane County, and for six years held this position, giving to the discharge of its duties rare ability, close attention and thought, and a fidelity to the trust reposed in him. He was prompt and efficient in the discharge of every duty, and rendered the county and State valuable service. He soon became marked as a young man of more than ordinary ability. This was shown in his being selected by his fellow-citizens, when he was less than twenty-four years of age, to represent them in the Con- stitutional Convention that assembled in Madison in October, 1846. He was the youngest man there was in that distinguished body. Young as he was, Mr. Smith was able to sustain himself with great credit in contests with these brilliant minds, and was acknowledged to have been one of the most active members of that convention. He was Chairman of the Committee on a Bill of Rights, and performed much labor on other committees. He favored liberal exemption laws, and to him, perhaps, more than to any other man, are the people indebted for the liberal laws that now exist on that subject. He urged with great vigor that the matter be engrafted into the constitution, and the instrument produced by that convention contained advanced views on this subject. The principles were so advanced, and carried out so much in detail, that this feature was strongly objected to in the discussions of the constitution before the people, and afforded one of the strongest reasons for its rejection, not so much on account of the principle involved as in the details.


In the fall of 1853, Mr. Smith was elected Attorney General of the State, and served for a term of two years, declining a re-election.


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Mr. Smith served as Mayor of the city of Madison in the years 1858, 1859, 1860 and 1878. In the years 1864 and 1869, he represented the Madison district in the Assembly, and was deemed one of the ablest men there, both as a worker on committees and as a debater on the floor of the House. He occupied the position of party leader on all political ques- tions. His ability and experience fully entitled him to that distinction. The interests of his constituents never suffered in his hands.


In 1864, and again in 1872, Mr. Smith was the Democratic candidate for Congress in his district. In both instances, he canvassed the district with much ability and thoroughness, but met with defeat on both occasions, not on account of his own unpopularity, but from the fact that his party was in the minority. In 1869, he received the Democratic vote for United States Senator, in opposition to Matt. H. Carpenter, the successful candidate.


He was a candidate for Presidential Elector in 1868 and in 1872. In the latter campaign, he took an active part in favor of the election of Horace Greeley to the Presidency. He rep- resented his State twice in national conventions of his party. At St. Louis, in 1876, he made a speech deemed the greatest political effort of his life, which gave him much national reputa- tion, and would doubtless have been followed with distinguished preferment had the candidates there nominated been successful before the people. The only other public position of promi- nence that Mr. Smith has occupied was in 1876, when he was designated as one of the distin- guished visitors to Louisiana to supervise the canvass of the vote of that State for Presidential Electors.


Having been an early pioneer of the State and a conspicuous member of the first Constitu- tional Convention, Mr. Smith naturally took a deep interest in the affairs of the Wisconsin Pioneer Association, and in the meetings of the surviving members of the two Constitutional Conventions. In July, 1879, he delivered an address before these two organizations, in Madison, a duty he performed faithfully and ably, not only giving the history of these conven- tions, but furnishing also a very interesting and valuable sketch of the early history of Wisconsin.


Mr. Smith has not occupied the high positions in public life which his talents would have commanded had his party been in the majority. He had the ability and acquirements to make his mark in any position. This has been shown in his practice at the bar, which has been very extensive, and where he has maintained a high standing, ranking among the ablest lawyers in the Northwest. As an orator, as an advocate, and as a political speaker, he has had few superiors in the country. He had a fine presence, a splendid voice, a forcible manner of speak- ing, that rendered his oratorical efforts fascinating and effective. His private life was without spot or blemish. He has been a great reader of the general literature of the day, and his mind was richly stored with its treasures. Socially, he was one of the most engaging and entertain- ing of men; instructive in conversation, quick at repartee, bright and witty, pleasant in manners, he endeared himself to all who met him in the social circle.


As a politician, Mr. Smith belonged to the Democratic party. He was positive in his opinions, and bold and uncompromising in advocating them. As a strong partisan, he was always armed, ready to defend his own party and attack the opposition. Few men in the State performed more effective work for his party. His labors upon the stump were great, and acceptable to his friends.


On the 29th of August, 1844, Mr. Smith was married to Miss Eugenia Weed, of Medina, Ohio, an estimable lady, worthy of him, and one to whom he was devotedly attached in all the relations of life. They were blessed with five children, two of whom, James S. and Anna, now Mrs. Robert J. McConnell, survive, and the other three preceded the father to the grave, and it is hoped they are now joined with him in the life of the blessed.


In his family relations Mr. Smith was peculiarly happy, and it was at his home where his real character shone out most brightly. As a son, he was dutiful, affectionate and considerate ; as a husband, father and grandfather, he was kind, loving, patient and tender, and doted with the strongest affection upon his wife, his children and his grandchildren. It is in these sacred


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relations of life that the the true and noble character of the real man is shown ; and herein our friend stood pre-eminent, and beautifully illustrated the truth of the words of the poet, in the lines:


"Domestic happiness, thou only bliss Of Paradise, that has survived the fall !


Thou art the muse of virtue; in thine arms She smiles, appearing, as in truth she is, Heaven-born, and destined to the skies again."


As a citizen, Mr. Smith was generous, and labored earnestly and zcalously for the devel- opment of the material interests of his own beautiful city, the State of his adoption, and of the whole country.


Mr. Smith stood eminent in his chosen profession. For many years he was a prominent member of the Dane County bar, and the senior in the years of practice. In the State, most of the associates of his early years in practice before the several courts, preceded him to the grave. He died on the 18th day of September, 1879.


JOHN B. FEULING


was born in the city of Worms, Germany, February 12, 1838. Until his tenth year, he was ed- ucated at the public school in his native city ; he then attended the gymnasium, from which he graduated in 1857, with a first degree, afterward entering the university at Giessen to study philology. His studies there were interrupted by being called to serve in the army, but he soon returned and passed his public examination in 1860. From this institution he received the de- gree of Doctor of Philosophy. He gave private instruction while at the university, and, after leaving the institution, he accepted a position in the Institute of St. Gowishansen on the Rhine, as teacher of Latin and Greek. Later, he spent two years at the Bibliotheque Imperiale, in Paris, mainly in the study of philology and in acquiring a conversational mastery of the French language.


Dr. Feuling came to the United States in 1865, and, not long after, opened a French and German academy at Toledo, Ohio. Not succeeding in this undertaking, he came West, first giving instruction at Racine College in the classical languages, and then accepting a Professor- ship in the University of Wisconsin. Shortly after his accession to this professorship, he was invited to the chair of ancient languages in the University of Louisiana, at Baton Rouge, and visited that place on a tour of inspection. The position was held open for him one year, when he finally declined it, although his preference was for a professorship such as had there been tendered him. The position in the University of Wisconsin he continued to fill, with much credit, until stricken down by disease, which terminated his life March 10, 1878-the second of the Professors of the university to die at the post of duty. At the time of his death, Prof. Feuling was a member of the American Philological Association and of the Wisconsin Academy of Sciences, Arts and Letters. To both he had contributed several papers. He published, soon after coming to Madison, an edition of the Poema Admonitorium of Phocyllides, prefacing the Greek text with an introduction in fluent Latin. He left several works in manuscript : "The Homeric Hymns," with notes ; "Selections from Montesquieu," with notes and a glossary, in- tended as a French reading book ; and "An Historical Outline of Germanic Accidence." He was a profound scholar. Teaching, with him, was not drudgery. He felt proud of his profession, and discharged his duty with a conscientious fidelity .*


President Boyd, of the University of Louisiana, writes : "I consider the loss of Dr. Feul- ing to be a national calamity. The announcement of his death brings sorrow here in the far South as in the Northwest. Wherever he was known (and scholars and men of intelligence all over this country knew him), there is a profound regret that the accomplished linguist and courteous gentleman is no more." Prof. Whitney, of Yale College, says of him : " I lament his death, regarding it as a painful and serious loss to philological science in America. I held for him a high respect and warm personal affection."


*Adapted largely from a sketch of Dr. Feuling, written by Dr. S. H. Carpenter, for the University Press of March 20, 1878.


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Dr. Feuling has lectured before various colleges and educational associations. His pamphlet on the " Etymology of the Word Church," attracted the attention of Eastern linguists. Prof. Schele de Vere, of the University of Virginia, writes of it: "I have been reading it again with appreciation of the distinction the author had won for himself and the university of which he was so bright an ornament."


Dr. Feuling's last address, " The Rhyme in Latin and Greek," was read by him before the philological convention at the John Hopkins University, in Baltimore, 1877. He was a fre- quent contributor to leading periodicals of this country, and had been, for some years, associate editor of a literary journal published in his native city. From these columns is selected the following, which shows that, in his literary tastes, poetry was an essential element, and that he cultivated the field with marked success :


FATA MORGANA.


Ich trat mit seligem Vertrauen Umspielt von goldenem Sonnenschein Zu meiner Kindheit sonnig blauen, Und nie umwoelkten Himmel ein.


Es dehnten sich nur gruene Matten Vor meinem trunkenem Blicke aus, Und stille Myrten boten shatten Im dunkeln gruenem Blaetterhaus.


Die Welt war von dem Morgenlichte Der ersten Menschlichheit umstrahlt Wie alte Saenger im Gedichte, Verschwund'ne Zeiten einst gemalt.


1


Das Glueck bot mir in Silberschale Den gold'nen Wein der Seligkeit, Es waren Plato's Ideale Gestalten schoener Wirklichkeit.


1


Doch ach I es waren Truggebilde Wie sie die Wuestensee oft malt ; Die Sahara wird kein Gefilde, Der eis'ge Nord bleibt ewig kalt !


[TRANSLATION. ]


My childhood's holy faith obeying, I trod the way with glad surprise, Its golden sunshine D'er me straying, I looked on blue, unclouded skies.


I saw an ever-blooming meadow Alluring my enraptured mood, And far away in quiet shadow A leaf-green summer solitude.


The world lay in the Eden glory That first humanity o'er cast, As told in sacred song and story, By poet-singers of the past.


The wine of blessedness unbroken Life proffered from her golden stream, And there were they, in smiling token, The real forms of Plato's dream.


Ah happy childhood's rainbow vision ! I see no more thy hills of gold ; The desert hides thy fields elysian, The north wind murmurs ever cold.


-


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The following is a translation from another of his poetical efforts :


HEINE'S GRAVE.


I know a grave in foreign lands Within a church yard's sacred keeping. To tell of one in silence sleeping A marble cross above it stands. The cross turns eastward to the sun- It points away to youth's glad story, Its dream of love, its dream of glory, To heights the singer's heart had won.


It dreams of German Fatherland, The Brotherhood in loyal union, And reaches out as in communion With those who mourn-a broken band. So, oft, as the young day appears, He sees the cross with tear-drops beaming, For Night has paused in tender seeming, And o'er the sleeper bowed in tears


Dr. Feuling was a member of the American Oriental Society, and was invited to address its members, but the invitation came too late. According to his expressed wish, he was buried in Forest Hill Cemetery, near Madison, Wis., within sight of the city he loved so well, and of the University, the scene of the labors of his active life.


JAMES CAMPBELL HOPKINS


was born in the town of Pawlet, Vt., April 27, 1819, and was, at the time of his death, in the fifty-ninth year of his age. His ancestors, both paternal and maternal, were Scotch- Irish. When about five years of age, he, with his parents, removed to the town of Hebron, Washington Co., N. Y., and not long afterward, to the town of Granville, where he resided until he commenced his professional career. He was educated at the academy in North Gran- ville, and in the spring of 1840, entered upon the study of law in the office of James McCall, at Sandy Hill, N. Y., and afterward continued it in the office of Messrs. Bishop & Agan, at Granville. He was admitted to the bar at the January term of the Supreme Court, in Albany, N. Y., in 1845, and immediately after began the practice of his profession with Mr. Agan at Granville, continuing with him about two years, and then forming a law partner- ship with Mr. Bishop, which continued until he removed to Madison, Wis., in the spring of 1856. He was Postmaster at Granville for a period of five years, and in 1853 he was elected to the Senate of New York, from the district then composed of the counties of Saratoga and Washington ; he was an active, influential and efficient Senator, and a member of the Judiciary Committee of that body.


Upon his settlement in Madison, he became associated in practice with Harlow S. Orton, and at once entered upon a large and successful business. Soon after his arrival in Wisconsin, a code of practice, substantially like that of New York, was adopted, and he performed the principal work in arranging it and adapting it to the provisions of the constitution and judicial system of the State. Politically, he was an ardent Whig, so long as that party existed, and on the formation of the Republican party allied himself and acted with that organization ; but during his residence in Wisconsin, he gave but little attention to politics, his time being entirely occupied with the duties of his profession. He manifested but little or no ambition for the doubtful honors of modern political life.


He was an excellent lawyer, well read in his profession, and entirely devoted to its duties. With a clear, discriminating mind, familiar with the practical affairs of business men and the methods of business transactions ; and, with a judgment rarely at fault, he was a cautious, safe, and reliable counselor. He was a close student ; prepared his cases for trial or argument with care; and was almost certain to be ready whenever they were reached, and for any emer-


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gency which might be reasonably anticipated. In the presentation of them, whether to the jury or the court, he was clear in statement, incisive, vigorous and able in argument; and, keeping clearly in view the practical necessities of the case, he sought rather to instruct and convince, than to entertain or captivate his hearers ; and whether at nisi prius or before the Appellate Court, he was a wary, vigilant and formidable opponent. Quick to detect an error or mistake, he was certain to take advantage of and expose it. In his intercourse with his professional brethren, he was obliging and courteous, and, with an extensive fund of general knowledge, he was a pleasing and instructive conversationalist. Added to these advantages, his habits of great industry and promptness in the discharge of his duties, personal as well as professional, enabled him to acquire an extensive and lucrative practice, and a prominent position in the front rank of the bar of the State.


He continued to practice his profession in Madison until, by an act of Congress of June 29, 1870, Wisconsin was divided into two judicial circuits, the Eastern and the Western, when, on the 9th of July, 1870, he was commissioned as District Judge for the newly created We 'ern District. He at once entered upon the'discharge of the duties of his position, and, until his last illness, he devoted, with unremitting zeal and industry, all his learning, his extensive experi- ence and distinguished ability to the requirements of his judicial station. A love of order and prompt and exact administration of the law, and his kindly courtesy and unwearied patience, rendered practice in the court in which he presided pleasant and attractive. Counsel never had occasion to complain that they had not been fully and fairly heard before him, or that even an implied restraint had been placed on an exhaustive discussion of all their points.


In the hearing and decision of equity causes, and in the administration of the system of bankruptcy then in force, with which he became thoroughly conversant and skilled in its prompt and efficient administration, he had few if any superiors. He delivered many valuable opinione, which stand deservedly high as authority on questions of bankruptcy law. Long familiarity with, and wide and varied experience in, business transactions, enabled him to easily master the details of a cause, and readily perceive the precise point upon which it depended. He was quick to detect any artifice, fraud, or sham, and prompt and resolute to expose and rebuke it. * *




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