The insurrection which has for some time prevailed in several of

the states of this Union, including Louisiana, having

temporarily subverted and swept away the civil institutions of

that state, including the judiciary and the judicial authorities

of the Union, so that it has become necessary to hold the state

in military occupation; and it being indispensably necessary

that there shall be some judicial tribunal existing there

capable of administering justice, I have, therefore, thought it

proper to appoint, and I do hereby constitute, a Provisional

Court, which shall be a court of record for the state of

Louisiana, and I do hereby appoint Charles A. Peabody, of New

York, to be a provisional judge to hold said court, with

authority to hear, try, and determine all causes, civil and

criminal, including causes in law, equity, revenue, and

admiralty, * * * his judgment to be final and conclusive. And I

do hereby authorize and empower the said judge to make and

establish such rules and regulations as may be necessary for the

exercise of his jurisdiction, and to appoint a prosecuting

attorney, marshal, and clerk of the said court, who shall

perform the functions of attorney, marshal, and clerk, according

to such rules and regulations as may be made and established by

said judge. * * * A copy of this order, certified by the

Secretary of War, and delivered to such judge, shall be deemed

and held to be a sufficient commission. Let the seal of the

United States be hereunto affixed.

ABRAHAM LINCOLN.

By the President:

WILLIAM H. SEWARD, _Secretary of State_.

The powers conferred by this order, it will be seen, are as great as can

be conferred by sovereignty itself,--"to hear, try, and determine all

causes, civil and criminal, including causes in law, equity, revenue,

and admiralty, * * * his judgment to be final and conclusive." Under

this commission, Judge Peabody proceeded to organize his court by

appointing his prosecuting attorney, marshal, and clerk. Thus organized

in New York, the court proceeded, by government transport, to New

Orleans, and commenced business. It was immediately filled with causes

of the first magnitude, and continued throughout its existence to

attract almost all of that class of business. The court held that it had

jurisdiction not only of cases originating in it, but that it had power

to review on appeal cases originating in other courts. It also ordered

causes pending and undecided in other courts transferred to itself, and

there decided and ended them. A cause pending in the circuit court of

the United States, on appeal from the district court of the United

States, was transferred by order of this court and decided. (The

Grapeshot. 9 Wallace 129). Mr. Seward, as he and Chief-Justice Chase

were dining with Judge Peabody, speaking of the supreme court of the

United States, said for the ear of the chief-justice: "His court has

some power in time of peace, no doubt, but none in time of war. It is

limited to a small class of cases, and in those usually to appellate

jurisdiction, and in all cases it is bound by law prescribed for its

guidance; in none of which respects was Peabody's court under any

limitation;" and (turning to Judge Peabody) he added: "Why, Peabody, all

the power of his court is not a circumstance to what you had in

Louisiana."

The executive department of this court was no less remarkable than its

jurisdiction. The marshal had at his command, by order of the

departments of war and navy, all needed aid from the army and navy. A

personal escort of soldiers as large as needed on land, and transports

and gunboats on water, were always at his disposal, and nothing was

needed beyond the exhibition of the process of the court to command

their services. Escorts of a thousand and more cavalry were in the

service of the marshal at times, and similar facilities were afforded by

the gunboats and transports on the rivers, bayous, and lakes of that

aqueous state. Even private commercial vessels plying on the Mississippi

river and other waters of the state were, by order of the war

department, compelled to stop and take on board any deputy of the

marshal, at any place where he should demand it by showing his signal,

and to stop and land him wherever he demanded it. This they were

required to do at all places, however exposed, and where vessels were

not otherwise allowed to land for business purposes, on account of

exposure to the enemy. The relief to the department of state was

complete; for from the time the court commenced business nothing was

heard there of controversies which had burdened and alarmed the

department previously, and the success of the court in other respects

was equally complete, commanding the respect and confidence of the

community,--the disloyal as well as the loyal. This office he resigned

in 1865, and the court was terminated in July, 1866, on his

recommendation, by an act of congress.

In 1862, to meet an emergency, and to avoid having the business of that

court interrupted by business of a different character, he was appointed

judge of a criminal court in New Orleans, in which for several months he

dispensed all the criminal justice administered in the city of New

Orleans and the part of Louisiana held by the federal army, excepting

only capital cases, which were always tried in the more dignified court

held by him. In 1863, while holding the United States provisional court,

he was appointed chief-justice of the supreme court of Louisiana,--the

appellate court of last resort. In 1865 he was appointed, by the

President of the United States and confirmed by the senate, attorney for

the United States for the eastern district of Louisiana. That office he

declined to accept, and he returned to the practice of his profession in

New York as soon as he felt at liberty to retire from the United States

provisional court.

In 1870 he was nominated by the Republican party for surrogate of the

county of New York, on which occasion he was not elected; but he ran

many thousands of votes ahead of his ticket, and lacked less than

thirteen thousand of an election, while the majority against the ticket

generally, which was headed by Gen. John A. Dix for mayor, himself an

honored son of New Hampshire, was more than fifty-four thousand.

He is now, and has been since its organization many years ago, a member

of the "Association for the Reform and Codification of the Law of

Nations," an association, as its name imports, devoted to the

advancement of the law governing nations in their intercourse with each

other, composed of publicists and advanced students of the science of

government from nearly every nation of Europe, and from some of the most

enlightened nations of Asia, as well as America. In the proceedings of

that body he has taken an active part, attending its meetings, which

occur annually, and are held in the different cities of Europe, as

Ghent, Geneva, the Hague, Bremen, Antwerp, London, Berne,

Frankfort-on-the-Maine, Cologne, Liverpool. He has always been a member

of the executive committee, and is now vice-president of the association

for the United States, in which office he succeeds Charles Francis Adams

and the late Reverdy Johnson. He has traveled extensively in Europe,

having visited it frequently in the summer vacations of business, and

last year (1881), after attending the congress of the Association for

the Reform of the Law of Nations, at Cologne, he attended an

International Geographical congress at Venice, as a delegate from the

American Geographical Society. He is now pursuing his profession in New

York, as he has always done since he commenced there, except for the

times he has been acting as judge.

In his religious preferences he is Episcopalian. While living in New

Orleans, in 1863, 1864, and 1865, he was a member of the vestry of

Christ church there, and he has been for many years, and now is, senior

warden of Christ church, North Conway, in the White Mountains of New

Hampshire.

Judge Peabody has married twice. The first time, as before stated, to

Julia Caroline Livingston, daughter of James Duane Livingston, of the

city of New York, the mother of his children. His second marriage was to

Maria E. Hamilton, with whom he is now living. This lady, daughter of

John C. Hamilton, is a grand-daughter of Alexander Hamilton, the

favorite aid and trusted counselor of General Washington in the

Revolutionary war, the first secretary of the treasury of the United

States, the organizer of that department, and in large measure of the

government of the United States.

By his first marriage he had five children, who are now living,--four

sons and one daughter. His sons are all graduates of college and

professional schools. Three of them are lawyers, one is a physician, and

all reside in the city of New York. One of them bears the name of

Glendower (Philip Glendower), after the Welsh chieftain, Owen Glendower,

in recognition of the Welsh origin of the family.

As has been said, Judge Peabody was the oldest of ten children, having

had five brothers and four sisters, all natives of New Hampshire. Of his

brothers, only one survives with him, Dr. William F. Peabody, of San

Francisco, a doctor of medicine, a biographical sketch of whom should

form a part of this volume. Dr. Peabody was for a time Professor of

Languages in Mount Hope College, Baltimore, following thither his older

brother while the latter was teaching and studying his profession there.

The Doctor studied his profession in Baltimore, and practiced there for

a time; but in the very early days of California emigration removed

thither, where he still resides, commanding much respect as a gentleman

of high moral and social character and much literary taste, as well as

an able physician. Two of his brothers, George B. Peabody and Enoch W.

Peabody, after the subject of this sketch, the pioneer of the family,

had located in New York, became shipmasters of distinction in the "old"

or "Black Ball" line of Liverpool packets sailing from New York, in the

days when those ships were the pride of the nation, and the command of

one was equivalent to a certificate of the highest character for

efficiency and reliable qualities. Of the sisters, three survive and

live in Andover, Mass., the last place of residence of their parents.

NOTE.--Judge Peabody's judicial life has been sufficiently

varied and uncommon to attract remark. He has been twice justice

of the supreme court of the state of New York, by appointment of

the governor, and was offered a place on the bench of another

court, which he did not accept; he has been appointed judge of

three different courts by the federal government of the United

States; he has been three times the nominee and candidate of his

party for other judicial places,--twice for the bench of the

supreme court of the state of New York, and once for surrogate

of the city and county of New York.

[Illustration: G. CHENEY]

GILMAN CHENEY.

The postal, passenger, and express cars, representing respectively

government, corporate, and private enterprise, constitute a trinity

which has annihilated space and made possible the business progress of

the last fifty years. The third is the creature of a few men, among whom

the Cheney brothers of New Hampshire are most conspicuous.

Their grandfather, Deacon Tristram Cheney, was one of the early settlers

of Antrim, he having come from Dedham, Mass., in 1769, and located near

the Hillsborough line. His son Jesse, who married, first, Miss

Blanchard, of West Deering, and, afterwards, Deborah Winchester, of

Hillsborough, located his homestead near Cork Ridge, on what is known as

the Dimond Dodge place, where there were born to him nine children, of

whom Benjamin P., James S., and Gilman are the three who have made

"Cheney's Express" a familiar phrase in every city and village in New

England and Canada.

Gilman was the fifth child. He was born January 25, 1822, and until he

was eighteen years of age worked at farming in the vicinity of his

native town. At that age he had a little knowledge of books, a strong

constitution, and an abundant stock of courage and ambition, with which

he left home to make a place for himself in the business world. For the

next ten years he was slowly gathering capital, experience, and

knowledge of men and things in the cotton-mills of Nashua, Newburyport,

and Manchester; and, while filling his place to the satisfaction of his

employers, he could not find there the opportunity he wished, and, in

search of a wider and more promising field for action, went to

California. Here he crowded three years very full of adventure and

business success, and then returned to assist his brothers in extending

the express system, which was then in its infancy. He was assigned to

the Canadian division, and, establishing his headquarters at Montreal,

he gave himself heartily to the work, and has since been thoroughly

identified with the enterprise. His position is that of superintendent

of the Canadian Express Company, which covers the territory and controls

the express business between Detroit, Mich., and the seaboard at

Portland, Halifax, and St. John's, and also an ocean route by the Allan

line of steamships to Europe. He is also largely interested in the

American and Wells & Fargo express companies.

The home of Mr. Cheney is in Montreal, where he extends a warm and

princely welcome to hosts of friends, and especially to those who were

fortunate enough to have known him in his boyhood days in New Hampshire.

He married Mary Ann Lincoln Riddle, daughter of James Riddle, Esq., of

Merrimack. His only child, William G. Cheney, was born October 12, 1858.

Mr. Cheney has been a very successful man. The enterprise with which his

name is identified has grown great and strong. It has made its owner

rich, it has given employment to thousands of men at remunerative wages,

and it has made it easier and more profitable for others to do their

business. He deserves all the good things he has received, for he is a

true man. In every relation of life, in boyhood and manhood, in business

and pleasure, he has challenged only the affection and admiration of

those interested in him. His integrity is inborn, his good-nature never

fails, and his energy never tires. He never disappoints his friends; and

he has no enemies.

[Illustration: H Rollins]

Hon. Edward H. Rollins.

COMPILED FROM VARIOUS SOURCES, WITH SOME ADDITIONS,

BY HON. DANIEL HALL.

The Rollins family is one of the oldest and most numerous in the state.

In southeastern New Hampshire, from the seaboard to Lake Winnipesaukee,

the Rollins name is prominent in the history of almost every town. Most,

if not all, the representatives of the name in this region, and among

them the subject of this sketch, are the descendants of James Rollins

(or _Rawlins_, as the name was then and for a long time after spelled,

and is now by some branches of the family), who came to America in 1632,

with the first settlers of Ipswich, Mass., and who, ten or twelve years

afterwards, located in that portion of old Dover known as "Bloody

Point," now embraced in the town of Newington, where he died about 1690.

The representatives of the family suffered their full share in the

privations and sacrifices incident to the firm establishment of the

colony, and performed generous public service in the early Indian and

French wars, and the great Revolutionary contest. Ichabod, the eldest

son of James Rawlins, and of whom Edward H. is a lineal descendant, was

waylaid and killed by a party of Indians, while on the way from Dover to

Oyster River (now Durham), with one John Bunker, May 22, 1707. Thomas,

the second son of James, who subsequently became a resident of Exeter,

was a member of the famous "dissolved assembly" of 1683, who took up

arms under Edward Gove and endeavored to incite an insurrection against

the tyrannical royal governor, Cranfield. For this attempt, Gove and

others, including Thomas Rawlins, were presented for high treason. Gove

was tried, convicted, and sentenced to death, but was subsequently

pardoned. We do not learn, however that any of the others were tried.

Others of the family fell victims to the murderous malignity of the

Indians.

There were from twenty-five to thirty descendants of James Rawlins, of

the fourth and fifth generations, engaged in active service, and several

of them in distinguished capacities, in the patriot cause during the

Revolutionary war.

Among the first settlers of that portion of Dover which afterwards

became Somersworth, was Jeremiah Rollins, the only son of Ichabod,

heretofore mentioned as slain by the Indians. He was one of the

petitioners for the incorporation of Somersworth as a separate parish.

He died a few years previous to the Revolution, leaving several

daughters, but only one son, Ichabod Rollins, who became an active

champion of the Revolutionary cause, was a member of the conventions at

Exeter in 1775, and served as a member of the committee appointed to

prepare a plan of providing ways and means for furnishing troops, and

also as a member of the committee of supplies, the principal labor upon

which was performed by himself and Timothy Walker of Concord. He was a

member of the convention which resolved itself into an independent state

government. January 5, 1776, and served in the legislature in October

following. He was the first judge of probate under the new government,

holding the office from 1776 to 1784. He was subsequently a member of

the executive council, and died in 1800. From this eminent citizen, the

town of Rollinsford, formed from the portion of Somersworth in which he

resided, received its name. He stands midway in the direct line of

descent from James Rawlins to Edward H.,--the great-grandson of James,

and great-grandfather of Edward H. He had four sons, of whom John, the

oldest, was the grandfather of Hon. Daniel G. Rollins, who was judge of

probate for the county of Strafford, from 1857 to 1866, and whose son,

Edward Ashton Rollins, was speaker of the New Hampshire house of

representatives in 1861 and 1862, commissioner of internal revenue under

President Johnson, and is now president of the Centennial Bank at

Philadelphia; and another son, Daniel G. Rollins, was recently district

attorney, and is now surrogate of the city and county of New York. James

Rollins, the third son of Ichabod, and grandfather of Edward H., settled

upon the farm in Rollinsford which has since remained the family

homestead. He was the father of thirteen children, seven sons and six

daughters. Of these, Daniel Rollins, the eighth child, born May 30,

1797, and who married Mary, eldest daughter of Ebenezer Plumer, of

Rollinsford, was the father of Edward H. He succeeded to the homestead,

but sold out and went to Maine with a view to making his home there. He

soon returned, and repurchased that part of the homestead lying east of

the highway, and erected a dwelling opposite the old family mansion,

where he lived a life of sturdy industry, rearing a family of six

children, four sons and two daughters, and died January 7, 1864.

EDWARD HENRY ROLLINS, the oldest of the children, was born October 3,

1824. He lived at home, laboring upon the farm in the summer season,

attending the district school in winter, and getting an occasional

term's attendance at the South Berwick Academy, and Franklin Academy in

Dover, until seventeen years of age, when he went to Concord and engaged

as druggist's clerk in the well known apothecary store of John McDaniel.

He retained his situation some three or four years, industriously

applying himself to the details of the business. He then went to Boston,

where he was engaged in similar service until 1847, when, having

thoroughly mastered the business, he returned to Concord and went into

trade on his own account, soon building up a large and successful

business. Having bought and improved the land on Main street, just north

of the Eagle Hotel, the great fire of 1851 destroyed the building which

he had but recently finished. He rebuilt the stores known as "Rollins's

Block," one of which was occupied by his own business for so many years.

This property he sold a short time since to the New Hampshire Savings

Bank.

In politics, Mr. Rollins was originally a Webster Whig, but voted for

Franklin Pierce in 1852, and for Nathaniel B. Baker, the Democratic

candidate for governor, at the next March election. The aggressions of

slavery, however, culminating in the passage of the Kansas-Nebraska bill

and the repeal of the Missouri Compromise, dissolved his brief

connection with the Democratic party. Strongly opposed to the extension

of slavery, or any measures rendering its extension possible, though he

had previously taken no active part in politics, he enlisted in the

American or Know-Nothing movement, in the winter of 1854-55, with the

hope that it might, as it did, prove instrumental in the defeat of the

Democracy.

From this time Mr. Rollins was an active politician. He labored

effectively in perfecting the new party organization, taking therein the

liveliest interest. At the March election, 1855, he was chosen to the

legislature from Concord, and served efficiently in that body as a

member of the judiciary committee. The next year witnessed the merging

of the American party in the new Republican party, which object Mr.

Rollins was largely instrumental in securing. Re-elected to the

legislature in March, 1856, Mr. Rollins was chosen speaker of the house,

ably discharging the duties of the office, and was re-elected the

following year. The talent which he had already developed as a political

organizer made his services eminently desirable as a campaign manager,

and he was made chairman of the first state central committee of the

Republican party, a position which he held continuously until his

election to congress in 1861, and in which he exhibited a capacity for

thorough organization,--a mastery of campaign work, in general and in

detail,--seldom equaled and certainly never surpassed.

He was chairman of the New Hampshire delegation in the Republican

national convention at Chicago, in 1860, having been chosen a delegate

at large by the state convention, with but a single vote in opposition.

In the close contest between the friends of Lincoln and Seward in that

convention, the New Hampshire delegation, under his lead, supported

Lincoln from the first, and was strongly instrumental in securing his

nomination.

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