6th, 1813. He was the son of Thomas and Rebecca Backus. While Franklin T.
was very young, his father removed to Lansing, New York, where he shortly
died, leaving a large family of young children to the care of his
surviving widow, with limited means for their support and education. In
consequence of this, the subject of this sketch was early in life inured
to hardy exercise upon a farm, to which, in after life, he has attributed
his strong constitution, and ability to endure confinement, and the
severest mental toil incident to an extensive legal practice.
It would be inappropriate in a brief sketch, to refer to and narrate
incidents of boyhood days, and they are therefore passed over. Mr. Backus,
while in early youth, became possessed of an unconquerable desire for
knowledge, and while laboring with his hands, his mind was busy
determining how he should secure the advantages of education. No
superficial acquirements could satisfy him. Added to native talents, of a
high order, were thoroughness and perseverance in everything which he
resolved to undertake, and these traits applied particularly to him as a
student. After resolving to obtain a thorough classical education, he set
about it in earnest, and in an unusually short period of time, prepared
himself, and on examination, entered the junior class of Yale College in
1834. Though the only time actually spent in college was during his junior
and senior years, yet his standing was very high, and he graduated at Yale
in 1836, occupying a position of one of the best mathematicians in his
class. Soon after, he was tendered the position of assistant professor, or
instructor in that venerable institution, an honor accorded to but few in
so short a time after graduation.
On leaving Yale, Mr. Backus settled in Cleveland, Ohio, where he
established a classical school, which at once became very popular and
successful, and shortly afterwards commenced the study of law with
Messrs. Bolton & Kelly, who were among the leading members of the
Cuyahoga county Bar.
In August, 1839, he was admitted to the practice of law at Cleveland, the
Supreme Court then being in session there, and entered at once upon the
practice of his profession, in which, from the beginning, he took a high
position. He was also an active politician, and as a member of the Whig
party, participated largely in its active operations in the State, as well
as in his own district, and was frequently a recipient of its honors.
In 1841, he was elected to the office of prosecuting attorney of Cuyahoga
county, having been nominated to that office in a contest in which several
who were older and more experienced in the profession than he, were
candidates. His administration of the office was in the highest degree
able and successful, and so met the approval of the public, that he was
renominated by his party and elected for the second term of two years.
In January, 1842, Mr. Backus was married to Miss Lucy Mygatt, daughter of
George Mygatt, Esq., then of Painesville, now of Cleveland. The choice was
a most suitable and wise one, and Mrs. Backus still lives, the light and
joy of their home.
In 1846, Mr. Backus was elected as a member of the House of
Representatives in the Ohio Legislature, and continued there only one
term, refusing a renomination. In 1848, he was elected to the Senate of
Ohio, in which he took a commanding position, and was widely talked of
among his friends in various parts of the State as a suitable candidate
for the United States Senate, as well as for the House of Representatives
in Congress.
From the breaking out of the Rebellion to its close, he was as strenuous
an advocate as any one could be, of putting down the Rebellion at any
hazard of blood and treasure, but differed widely as to some of the
measures and policy adopted by the Government, and consequently, did not,
at, or about the close of the war, act with the Republican party, nor has
he since; and though not an active politician, he is now generally
recognized as a member of the Democratic party.
In 1840, Mr. Backus associated himself in the legal practice with J. P.
Bishop, Esq., with whom he continued for fifteen years. Mr. Bishop was
afterwards chosen one of the judges of the Court of Common Pleas of the
Cleveland district. Afterwards, for several years, he was associated with
that able jurist, Judge R. P. Ranney, and now, for some years, he has been
associated with E. J. Estep, Esq., in his profession.
That he stood high in his profession in the State as well as in Cleveland,
is shown by the fact that he was nominated, by the Whig party, as
candidate for Supreme Judge of Ohio, and afterwards by the Republican
party for the same office, but failed of an election because the party
nominating him was unsuccessful each of those years in Ohio.
Mr. Backus' life for the last twenty years has been almost exclusively
devoted to his profession. When the railroads were projected which made
Cleveland one of their terminations he embarked in the enterprise of their
location and construction, and was early retained as their attorney and
counsel, and has been acting as such to the present time. The Cleveland,
Columbus & Cincinnati Railroad, from the beginning, so far as legal
services have been required, has been under his special supervision. His
knowledge of the department of law appertaining to corporations, and his
ability as a corporation lawyer, it is believed, is not surpassed. The
same may be said of him as a land lawyer, especially in regard to all
questions arising in the northern part of this State. In short, Mr. Backus
has had a very wide and varied experience in almost every branch of legal
practice, and in every case in which he has suffered himself to be
retained, he has made it a principle to be thorough and accurate, and to
possess himself of a full knowledge of his case in all its aspects.
As a summary as to Mr. Backus as a lawyer, it is the opinion of those best
acquainted with him and his professional ability, acquirements and
experience, that, as a whole, he is unsurpassed by any in the State.
In nearly all the great enterprises of the city his advice and
co-operation have been sought, and where legal advice and aid have been
required, his services have often been called into requisition by the
city. He not only has occupied the position professionally, before spoken
of, but has, and does, still occupy high positions of trust, both for the
city and individuals, and in such matters it may be safely said, there are
few men living in whom more implicit confidence is reposed.
The extent of his varied legal practice can only be judged of in part, by
his appearance in court. His business out of court has constituted by far
the largest and most important part of his practice, and has always been
done with a view to saving his client from litigation in future, so far as
possible, and this he has accomplished.
In pecuniary matters Mr. Backus has been successful, not only as the
fruits of arduous professional labors, but in other respects.
Mr. Backus is a very benevolent and liberal man, also, but his generosity
is not in the beaten track. It is bestowed unseen and unknown by the
public, and his own judgment selects the object of his bounty. His
friendship when once bestowed is undying and changes not with time or
circumstances so long as the person on whom it is bestowed proves worthy
of his confidence.
[Illustration: Yours truly, J. P. Bishop]
Jesse P. Bishop.
Judge Bishop was born in New Haven, Vermont, June 1, 1815, and was taken
with his father's family to St. Lawrence county, New York, whilst yet a
child. His father died when he was but nine years old, and his mother
returned to Vermont, taking her children with her. As soon as he was of
age to be serviceable, he was apprenticed to a farmer until his
fourteenth year, at the expiration of which time he resided with an uncle
until his seventeenth year, when he left farm work in order to acquire an
education. He studied hard for four or five years, partly maintaining
himself by teaching school, and at length had prepared himself for a
collegiate course.
In 1836, he came to Cleveland, and after an experience in a counting-room
one season, he concluded that he was better adapted for a literary life.
Accordingly he entered Western Reserve College, and on examination was
admitted to the senior class.
In 1838, he began the study of law with Hon. Rufus P. Spalding, afterwards
with Andrews, Foote & Hoyt, and subsequently with Varnum J. Card, and was
admitted to practice August, 1839, when he immediately entered into
partnership with Mr. Card, who, however, died about one year later, and
Mr. Bishop formed a partnership with F. T. Backus. This business connection
continued fifteen years.
In 1856, Mr. Bishop was elected to the Common Pleas Judgeship of this
county and district, and served with great satisfaction both to members
of the profession and to the public. His decisions were characterized by
a painstaking research, and an exhaustless consideration of the
principles of law involved, indicating a clear, accurate and
discriminating mind. It is believed that very few of his decisions were
ever reversed by a higher court, which is of itself sufficient testimony
to his ability and industry. At the end of his term he declined being a
candidate, and at once resumed the practice of law. In this he still
continues, having associated with him Seymour F. Adams, recently of the
Lewis county Bar, New York.
Mr. Bishop's life has been one of constant application to business, having
no idle time, and scarcely any leisure moments. With him a decision is not
reached by intuition, but by careful study, but when he takes hold of a
subject he studies it thoroughly to its conclusion, and is master of all
its points. Although Mr. Bishop has never been what may be termed
physically robust, he possesses great power of prolonged mental
application. And being also endowed with a most remarkably retentive
memory, his mind is stored with a very comprehensive knowledge of law. And
if there be one faculty of his mind more than another, that gives
character to the man, it is his prodigious memory of facts. In a case that
recently came under our notice, Judge Bishop gave evidence pertaining to a
matter that occurred some twenty years since, with apparently as much
precision as if the events occurred but yesterday.
In social and religions circles Judge Bishop ranks high. He is agreeable
in private life, and thoroughly conscientious in moral and religious
matters. He has long been a valued and honored member of the Baptist
denomination. By his uprightness of character, courtesy of demeanor, and
general good qualities, he has won the respect and esteem of a very
large circle.
Henry H. Dodge.
Amongst the very earliest settlers in Cleveland, was Samuel Dodge, the
father of the subject of this notice, who emigrated from Westmoreland, New
Hampshire, to this place, in 1797, being then about 21 years of age. On
arriving at Cleveland he built a log shanty, and remained about one year,
when he went to Detroit, and remained about the same length of time, and
returned to Cleveland, which he considered his home. Here and in the
adjoining township he resided to the day of his death, which occurred
October 3d, 1854, aged 78 years. About seven years after coming to
Cleveland he married a Miss Nancy Doan, of Connecticut, who died in
Cleveland, December 19th, 1863, leaving two sons, George C. and Henry H.
It is said that Samuel Dodge built the first frame building in this city,
about the year 1800, and which was a barn for Governor Samuel Huntington,
at that time living at Painesville. His proper business was that of a
wheelwright, but adapted himself to all kinds of wood-work in the new
country. During the war of 1812, he took a contract of Major Jessup, the
commander at this point, for building a large number of boats for the
Government, both here and at Erie.
[Illustration: Respectfully Yours, Henry H Dodge]
Henry H. was born August 19th, 1810, and enjoyed what educational
advantages Cleveland afforded, finishing his education under Hon. Harvey
Rice. At the age of twenty he commenced the study of law with Hon. John
W. Willey. In 1835, he married Miss Mary Ann Willey, a niece of Mr.
Willey, of which marriage seven children were born. Mrs. Dodge died
February 4, 1867.
Mr. Dodge was admitted to the Bar at the same time with H. V. Willson and
H. B. Payne, in 1834. He at once entered into partnership with Mr. Willey,
and continued with him until the latter was elected to the president
judgeship of the Court of Common Pleas, in 1840. Mr. Dodge then withdrew
from the practice of law to devote his whole attention to the duties of a
disbursing agent of the United States, for public works, to which he had
been appointed two years previously. He held that position until 1841. He
was also commissioner of insolvents during 1837 and 1838.
In 1850, he was appointed State engineer, having charge of public works,
and retained the position until 1855. On the organization of the United
States District Court for Northern Ohio, he was appointed United States
Commissioner, and held that office for three years. In 1859, he was again
appointed State engineer, and continued as such until 1862, since which
time he has devoted himself wholly to his real estate interests, opening
up new streets, building tenement houses, and materially aiding in the
growth and beauty of the eastern portion of the city. As early as 1837, he
built the large brick block on the corner of Ontario and Prospect streets,
formerly known as the Farmers' Block, which was, at that time, one of the
largest in the city.
Mr. Dodge, through all his offices of trust as well as private business,
has maintained a character for integrity and honor. He is unassuming and
affable, and well calculated to enjoy the handsome competency accruing
from the rise of his early real estate purchases, and being of a
remarkably kind and benevolent disposition, one of his chief pleasures
arises from the consciousness of doing good, by assisting those who are in
need, to the extent of his ability. During the war he was most active in
the country's cause, and spent his time and means freely in furnishing
substitutes and rendering comfort to the families of our brave defenders,
and we think, more than anything else, this desire to promote the
prosperity and happiness of mankind, gives character to him.
Mr. Dodge has resided on Euclid avenue over thirty years, having built
the residence now owned by General Oviatt, adjoining the present residence
of Mr. D. P. Eells, in 1838, the site at that time being outside the city
limits. After a few years he sold this to Thomas Bolton, and in 1840,
built a brick cottage opposite Brownell street, which he occupied about
fifteen years, when it gave place to the present edifice, the land having
been in the family since the year 1800.
James M. Coffinberry.
Judge Coffinberry is a native of Mansfield, Ohio, having been born in that
town in 1818. He studied law with his father, Andrew Coffinberry, Esq.,
then located at Perrysburg, in the western part of the State, and upon his
admission to the Bar in 1841, opened a law office in connection with his
father in Maumee City. He very early obtained the public confidence, being
appreciated for his high personal and professional integrity, and giving
evidence of fine abilities as a lawyer and advocate, he was elected and
served as prosecuting attorney for Lucas county for several years. About
the year 1845, he removed to Hancock county, and purchased and edited the
Findlay Herald, a Whig paper of that day, and for about ten years
practiced his profession with credit and success in the large circuit of
Hancock, Allen, Putnam, Van Wert, and Wood counties.
In 1855, he removed to Cleveland, where he entered very readily into a
good practice, and for six years confirmed the good reputation which he
brought with him, and took high rank at a Bar which numbers among its
members sortie of the best lawyers in the State.
In 1861, he was elected judge of the Court of Common Pleas, and performed
the duties of the office for his full term of five years, with credit to
himself and to the eminent satisfaction of the public, and an appreciative
Bar. The kind and genial traits are characteristics of Judge Coffinberry's
mind, and his quiet manners upon the Bench made it always agreeable for
both lawyers and suitors doing business in his court. His charges to the
jury were always plain, clear, and forcible, and in the course of his
judicial service, he delivered some very able opinions, verbal and
written, which elicited the favorable consideration of the profession, and
it is understood that no judicial opinion pronounced by him has ever been
reversed on review of a higher court. The charge to the jury on the trial
of Dr. John W. Hughes, for the murder of Tamzen Parsons, of Bedford, which
took place in December, 1865, was acknowledged by the Cleveland Bar to be
one of the ablest ever delivered from the Cuyahoga Bench.
[Illustration: Yours Truly, J. M. Coffinberry]
Judge Coffinberry is remarkable for an apparently intuitive perception of
legal truth, which gives to his argument at the Bar, and as a lawyer and
judge, to his opinions, a tone of originality. He has a fine appreciation
of the learning of the profession, but though not, strictly speaking,
technical in his administration of the law, he is never unmindful of its
nicest distinctions, but makes them subservient to his broad and liberal
views of the case. He has now returned to the practice of his profession,
and is regarded as among the best advocates of the Cleveland Bar.
While Mr. Coffinberry has won distinction as a lawyer, the following
record will show that he is amongst our most enterprising and energetic
business men, outside of his profession: He is president of the Midas
Insurance Company; a director in the Willow Bank Coal Company; a director
of the Tuscarawas Iron and Coal Company; was one of the projectors of the
People's Gas and Coke Company, of the West Side; has been a director of
the Mahoning Railroad Company; director and attorney for the Fremont and
Indiana Railroad Company; took an active interest in the construction of
the West Side street railroad, and also the Rocky River Railroad; he was a
member of the City Council for two years, and president of that body.
In politics, he was formerly a Whig, but now acts with the Democrats. He
was principal Secretary of the Great Union Convention that nominated the
late David Tod for Governor.
Judge Coffinberry has been successful in almost every undertaking, and has
richly deserved it.
James Mason.
No member of the Cleveland legal fraternity stands higher in the respect
of his colleagues and the general public, both for legal abilities and
personal qualities, than James Mason. As a lawyer he stands in the front
rank of the profession, his extensive reading, well balanced judgment, and
logical reasoning, making him one of the most reliable counsellors and
successful practitioners, whether before a court or a jury, whilst no more
valuable or respected citizen is found among the list of residents of
Cleveland.
Mr. Mason was born in the Autumn of 1816, in Canton, Ohio, of Vermont
stock, his parents having early emigrated to this State. He was carefully
educated at a good school in Trumbull county, and spent two years in
Western Reserve College. In 1835, he entered the senior class in Jefferson
College and graduated with the class of 1836.
On leaving College he studied law with Hon. A. W. Loomis, in New Lisbon,
Ohio, and was admitted to the Bar in 1839, when he practiced in
partnership with his preceptor until 1845. With the close of this
partnership he went abroad and spent some time in foreign travel,
returning in 1851, when he removed to Cleveland and opened a law office.
His abilities and assiduous attention to business soon brought him a
large and remunerative practice. Among other business he became the
legal adviser of the Cleveland & Toledo Railroad Company, and also one
of its directors. The value of his connection with the company was
speedily recognized and acknowledged. Business of the highest class came
to him until he has come to find his time fully occupied by the best
class of practice.
The duties of his profession, though laborious, are not allowed to engross
the whole of his time to the exclusion of domestic pleasures and social
enjoyments. The general culture of Mr. Mason's mind, in addition to his
legal attainments, and his affable manner, make him an agreeable companion
for social intercourse, and together with his sterling qualities as a man,
and his patriotism as a citizen, have won for him a host of friends warmly
attached to him, and loyally resolved to do him honor.
Mr. Mason was married in 1853, to Miss Caroline Robinson, of Willoughby.
Of this marriage there are five children.
Daniel R. Tilden.
The name of Daniel R. Tilden has long been familiar in Cleveland and its
vicinity. For fifteen years he has held the office of Probate Judge of
Cuyahoga county, and from the nature of his office, has been brought into
connection with a large proportion of the citizens, and become intimately
acquainted with their personal and family affairs. Many of these business
acquaintances became warm personal friends, and it is believed that
neither by his official, nor by his private life, has Judge Tilden made
one real enemy.
Mr. Tilden was born in Lebanon, Connecticut, November 5th, 1806, He
received a fair common school education, and on reaching his eighteenth
year, left his native State for the South, residing four years in North
Carolina and Virginia. But the South was not a congenial soil for the son
of the genuine Yankee State, so he turned his steps westward, and set out
for Ohio. At Garrettsville, Portage county, he halted awhile, and then
went to study law with Mr. Pierson, at Ravenna. To complete his legal
education, he entered the office of R. P. Spalding, and studied with him
for some time.
In 1831, a movement was on foot to agitate the question of abolishing
slavery. The movement was exceedingly unpopular, and it required
considerable nerve to profess abolition sentiments. Now, when no other
principle is avowed, it scarcely seems possible that men, now among us in
the prime of life, had to endure obloquy, ridicule, and even danger, for
expressing sentiments that no one now dreams of dissenting from. Among the
first to espouse the abolition doctrines was Judge Tilden. With Robert F.
Paine he commenced the work of organizing an Abolition Society in
Garrettsville, the first of the kind in Portage county. In this work he
labored with unwearied zeal, and became extensively known as one of the
most prominent and active of anti-slavery leaders.
In 1832, Mr. Tilden was elected justice of the peace, and continued in
that office four years; soon after the conclusion of the term, he formed a
law partnership with Judge Spalding, at Ravenna. This arrangement
continued about four years, when he formed a partnership with W. S. G.
Otis, which lasted about three years, and was terminated by Judge Tilden
becoming prosecuting attorney, an office he held four years.
In 1842, Judge Tilden was elected to Congress as a Whig, from the district
composed of Summit, Portage, and Trumbull counties, and was in the House
of Representatives during the exciting debates relative to the annexation
of Texas and the Mexican war. He, with twelve others, took a bold stand
against the war, making several speeches of very marked ability. He and
his associates, among whom were Gov. Vance, Columbus Delano, and Joseph
Root, refused to vote for the bill furnishing means to carry on the war,
because of the preamble to the bill, which said: "Whereas, we are, by the
act of Mexico, become engaged in war," &c., &c. This, Judge Tilden and his
associates considered false, they would not vote for the bill until it was
stricken out, and the names of these thirteen were sent throughout the
country surrounded with a funeral border.
At the Baltimore Convention that nominated General Scott, Judge Tilden
represented Lake and Summit counties; and at the Philadelphia Convention
that nominated Taylor, he represented Summit, Trumbull, and Portage.
In 1852, Judge Tilden removed to Cleveland and formed a law partnership
with Hon. H. B. Payne. Two years afterwards he was elected Probate Judge,
of Cuyahoga county, and filled the position with such marked satisfaction
to his constituents that he was re-elected at the close of every term, and
still holds the office he has filled for fifteen consecutive years.
When practicing law, Judge Tilden was distinguished for his abilities as
an advocate, and his qualifications for the judicial office he fills is
attested by his repeated re-elections to it. His officiai conduct has been
marked by uniform kindness, attention to the duties of his office, and the
interests of those having business with it, and a constant endeavor to do
right by all, whether rich or poor, learned or ignorant. If he has
committed any errors--and no Judge, from the Supreme Court down, but must
plead guilty to some--they have been errors of judgment only, and not of
interest. No one can deny to Judge Tilden unimpeached honesty of purpose,
warmth of heart, and an earnest endeavor to deal justly with all men.
[Illustration: Yours Truly, C. M. Palmer]
Charles W. Palmer.
Prominent among the young men of the profession who promise to take
and worthily fill the places of the old leaders of the Cleveland Bar
now partly superannuated and soon to retire from active life, is
Charles W. Palmer.
Mr. Palmer was born in Norwich, New London county, Connecticut, September
8, 1826. Nine years after, his father, Joseph B. Palmer removed to
Cleveland with his family, and was for a time engaged in the storage
business on the river. He is now in the employ of the Cleveland &
Pittsburgh Railroad Company. Charles had only the advantages of the common
schools until he was sixteen, but before he reached that age he had
manifested an industry at his books which promised well for his future. He
taught school on "the ridge" West of Cleveland, walking out to the school
house and back before and after school hours, and at the same time
prosecuting his own studies. He prepared for College under Rev. S. B.
Canfield and W. D. Beattie, of Cleveland, and when nearly eighteen was
admitted to Western Reserve College at Hudson. He graduated in 1848, with
the highest honors of his class. For two years after graduation he was
principal of the High School in Akron, and the next year a tutor in
Western Reserve College. Coming to Cleveland again after this, he studied
law in the office of Judge Foote, and was admitted to the Bar in the Fall
of 1853. In the Spring of the following year he made his first success in
political life, being elected to the City Council. In the Spring of 1859,
he was elected city attorney. The duties of this office he discharged
satisfactorily to all, and found the practice it brought a material help
in his profession. In the Fall of 1863, Mr. Palmer was elected prosecuting
attorney for the county. Here he was brought very prominently into notice
by the successful prosecution of several important cases.
In his profession, Mr. Palmer has been a constantly rising man, until now
he is on one or the other side of most of the important cases in our
courts. His reputation as a criminal lawyer is especially high. In 1865,
he prosecuted the celebrated Hughes murder case successfully. Two years
afterwards he defended McConnell, the murderer, and in 1868, defended
Mrs. Victor, in one of the most remarkable poisoning cases ever brought
into court. His argument in the latter case was a masterpiece of legal
acumen, forcible exposition, and polished speech. Mr. Palmer began the
practice of law in Cleveland in the firm of Palmer & Austin. Afterwards he
was associated with R. B. Dennis, Esq., and at present he is senior in the
firm of Palmer & De Wolf.
In July, 1819, Mr. Palmer married Miss Sabrina Parks, of Hudson, Ohio.
This estimable lady died in little more than a year after the marriage,
leaving a son but a few weeks old. The son still survives. In 1855, Mr.
Palmer married Miss Minerva Stone, a sister of Mr. S. S. Stone, of
Cleveland. This second wife died in childbed eleven months after marriage,
and in 1858, Mr. Palmer married his present wife. She was Miss Lucy
Hubbell, a daughter of Calvin Hubbell, Esq., of New York. By this marriage
there is a son now about ten years old.
In politics, Mr. Palmer has been a member of the Republican party since
its organization. He gave the war for the Union an earnest, active and
powerful support. No man appreciated more thoroughly the principles
involved in that contest, and few indeed have the power to present those
principles so well as he. His party services have been numerous and
efficient. A man of fine personal appearance, with a fair, open face,
which carries with it the conviction of sincerity in all he says,
possessed of a grace of manner which makes it a pleasure to hear him on
any subject, and having such a command of language as to enable him to put
his thoughts in the fittest words, he is of course a favorite speaker
always. He has a conscientiousness in all he does, which never allows him
to treat carelessly any matter, even in an unexpected public speech. There
are few men in Cleveland who carry so much weight in speaking, whether it
be before a court and jury, or to a general assembly of people. Taking an
intelligent interest in all public affairs, he yet devotes himself
studiously to his profession, in which he has as bright prospects as any
man at his age need wish for.
William Collins.
William Collins was born at Lowville, New York, the county seat of Lewis
county, February 22, 1818. He was a son of Ela Collins, who was a son of
General Oliver Collins, of Oneida county, New York, and Maria Clinton,
daughter of Rev. Isaac Clinton, of Lowville.
Mr. Collins read law with his father, and was admitted to practice in the
courts of New York, at Rochester, in September, 1813. In October, 1843, he
formed a copartnership with his father, under the firm name of E. & W.
Collins. They continued in active and successful practice until the death
of his father, in 1849. Immediately after Mr. Collins' admission to the
Bar, he was elected, as the successor of his father, public prosecutor.
This office he held until 1846, when he resigned, having been elected, by
the Democratic party, in November, 1846, at the age of twenty-seven, a
member of the House of Representatives, in the Thirtieth Congress. The
district represented by him was composed of Lewis and St. Lawrence
counties. He was in Congress in the years 1847-8-9, during the first
agitation of the question of extending slavery to the free territories.
Mr. Collins opposed the proposed extension with much zeal and ability.
Among his speeches will be found one delivered July 28, 1848, on the "Bill
to establish the territorial government of Oregon," advocating the Wilmot
Proviso. Apart from its merit as a brilliant literary production, it
contains many passages that will be read with much interest by the general
reader, as showing the beginning of the end at which we have arrived.
Slavery itself having now become a matter of history, we think it will be
of interest to introduce the following extracts from the Congressional
Globe of July, 1848:
I shall assume, then, sir, that the institution does not exist in our
late Mexican acquisitions, but that it has been effectually prohibited.
The real question, then, is shall the laws securing _freedom_ in these
Territories be abolished, and _slavery_ established? This is indeed,
sir, a question of the gravest magnitude. To millions of the oppressed
and degraded children of Africa, it is an issue upon which depends all
that is dear to them in life--all that is bitter in the hour of death.
It seems to me, sir, that they are even now stretching forth their dark
hands, and beseeching us, in the name of the God of liberty whom our
fathers worshipped, to remove from them the poisoned cup of bondage--to
forge for them no more chains. The termination of this question also
involves the dearest interests of every person in this country who
desires to sustain himself by honorable labor. It intimately concerns
our national honor, reputation, and progress in the great family of
nations. The two hundred and fifty thousand immigrants who annually land
upon our shores are in pursuit of 'free soil and free labor.' Can we
pronounce in favor of slavery, without danger to our experiment at
self-government? If we thus decide, what will become of the cherished
hopes of the friends of civilization, Christianity, and human progress?
Those who insist upon preserving freedom in the Territories, have no
desire to disturb the institution of slavery in the States. The
Constitution confers upon them no such authority. They could not
interfere with it if they would, and they would not if they could. They
have ever heretofore been, and still are, ready strictly to fulfil the
constitutional provisions upon this subject.
I shall aim to discuss this question with a proper regard for the most
sensitive feelings of our brethren of the slave States, but also, sir,
with a plainness commensurate with its profound importance. The
legislatures of thirteen of the States of the Union, including Delaware,
which still has two thousand slaves, have passed resolutions instructing
their Senators and requesting their Representatives in Congress to
oppose any further extension of slavery. There is but one sentiment upon
this subject throughout the free States--it is that of eternal and
_uncompromising_ hostility to the project. They will never consent that
the free and virgin soil of the Territories shall be blighted and cursed
by the tears of the slave, while they have a will to determine, or a
muscle to resist.
The proposition to make this Government the instrument for planting
slavery upon soil now free, is regarded by a few at the North as so
improbable and monstrous, that they have refused to believe that it is
seriously entertained. Startling as the proposal is, it is nevertheless
true.
* * * * *
Another argument employed by these apologists is, that the 'Proviso,' or
a law prohibiting slavery in these Territories, is unnecessary; that it
is an abstraction--a 'firebrand' employed by demagogues and factionists
to kindle strife in the Democratic party; that the Territories are now
free, and that they will so continue, unless an act of Congress is
passed establishing slavery. It is impossible to avoid asking ourselves
why, if these gentlemen are sincere--if they truly believe that slavery
can not and will not go there, and they do not desire that it
should--why they so strenuously oppose the passage of such a
prohibition? If their views are correct, then such a law would be a mere
harmless superfluity. But, sir, this '_firebrand of freedom_' is a thing
more exalted and noble than a mere abstraction. It is wielded by men of
strong arms, adamantine will, and hearts animated by the divine impulses
of patriotism and liberty. They have registered a vow in Heaven to
employ every lawful and constitutional means to roll back the dark tide
of slavery from the temple of Freedom, and vindicate the character of
the Republic from the disgrace and reproach of establishing slavery in a
free territory. We are no abstractionists. The Representatives in this
Congress from the fifteen slaveholding States of the Union, without an
exception, and without distinction of party, avow an intention to carry
their slaves into these Territories, and there hold them in bondage.
They assert, with passionate vehemence, that they have such a
constitutional right. They have even told us, sir, that, regardless of
the remonstrances of the people of the North--heedless of any
prohibitory law of Congress upon the subject, they would invade the free
soil of the Pacific, and take with them their slaves, and weapons of
defence! Are these declarations abstractions? Do they make no appeal for
immediate, energetic and prohibitory legislation?
[Illustration: W. Collins]
When driven from every other argument, gentlemen of the South
threaten, that if the 'Proviso' or a law prohibiting slavery in free
territory, is passed, they will dissolve the Union. At the North, the
dissolution of the Union is not regarded as among possible events. Its
value is never calculated. It has been cemented by too many common and
glorious sacrifices and struggles; it is protected by too many pious
invocations of its magnanimous founders, to be easily severed. The
cause by which these fraternal bonds are sundered must be other than a
refusal on the part of the free States to allow the Government to
establish slavery in free territory. A submission to the will of the
majority is a fundamental principle of our institutions. If the North
are overborne in this contest, they must and will submit. If the
demands of the South are denied by the decision of the majority, a like
cheerful and ready acquiesence is expected. Until, however, the
majority have decided, no legal and constitutional efforts to exclude
slavery from these Territories will be abated by passionate threats
against the peace and perpetuity of the Union. The Union would never
have been formed had the present demand of the slave States been made
and insisted upon. A proposition in the Constitutional Convention to
make the Government a propagandist of slavery in free territory, would
have been indignantly rejected.
Whilst we stand here, upon the floor of the American Congress, at the
noon of the nineteenth century, gravely discussing whether or not we
will extend and perpetuate slavery, the monarchical governments of
Europe are striking off shackles and 'letting the oppressed go free.'
Slavery has been abolished by the French colonies. Portugal, Spain,
and Russia, are moving in the work of emancipation. Within a few
years England has given liberty to eight hundred thousand slaves. She
has expended, within the last forty years, one hundred millions of
dollars in suppressing the slave trade. Is it reserved for the
Government of 'free, happy America,' in the midst of examples like
these, to be fastening corroding chains upon human beings? Sooner
than be involved in such stupendous guilt, let our name and existence
perish among the nations.
On the part of the North no 'compromises' can be made. But one answer--a
stern, unyielding NO--will be given to all such proposals. We have
made all the concessions that we can make, or ought to make. If a law
under the name of a 'compromise' is passed, planting slavery upon a
single square mile of free territory, it will have no rest. REPEAL! will
be shouted from the mountain tops of the North, and reverberated in
thunder tones through the valleys. The preservation of 'free soil for
free men,' will alone be satisfactory. For this purpose, the passage of
an act of Congress prohibiting slavery in free territory, will be
unceasingly urged, until the great measure is consummated.
During this Congress, although the anti-slavery-extension men were in a
minority in both branches, all compromise bills were defeated, and their
defeat was due in a good degree to the industrious and vigilant efforts of
Mr. Collins, and a few associates in the House.
Mr. Collins was tendered a renomination to the thirty-first Congress, but
having determined to remove to the West, he declined, and Preston King was
elected in his stead. He continued, with much success, the business of
the late firm of E. & W. Collins, until December, 1853, when he removed to
Cleveland and opened a law office. He was soon elected a director of the
Merchants Bank of Cleveland, and of the Lake Shore Railway Company.
Subsequently he became a director in the Bellefontaine Railway Company;
the Cleveland, Columbus, Cincinnati and Indianapolis Railway Company; the
Jamestown and Franklin Railway Company, of Pennsylvania; the East
Cleveland Street Railroad Company; the Mercer Iron and Coal Company, of
Pennsylvania, and the Merchants National Bank, of Cleveland, the active
duties of which positions have absorbed very much of his attention and
time. He has occasionally appeared in the courts here in litigated cases,
but has mainly confined his professional work to his office. Mr. Collins
had a high standing as a lawyer in New York, and has fully sustained his
early reputation here. He is most remarkable for an admirably fair and
clear way of stating and arguing to the court and jury, the questions both
of law and fact. This contributed greatly to his success, not only as a
forensic advocate, but as a political orator, and legislative debater.
The sympathies of Mr. Collins having always been on the side of freedom,
he joined the Republican party on its organization, and has remained
faithful to its principles. When the Rebellion broke out he threw himself
heartily into the cause of the Union, and contributed freely with money
and labor in every available way for the furtherance of the Union cause.
He served on the local military and other committees, working faithfully
and energetically, and contributing largely to the excellent record
Cleveland and the county made during the war, by repeatedly and promptly
filling the quota of troops required, and by liberal contributions in aid
of the sick and wounded soldiers. Whenever an effort was needed, the voice
of Mr. Collins was heard exhorting the people earnestly to energetic
action and liberal contributions, and his exhortations were promptly and
efficiently seconded by his own example. With him precept and practice
went together.
Such men as Mr. Collins would do the people valuable service were they
chosen to fill responsible places in the legislative councils and
executive departments of the State and Nation. But in these days something
more than--or it may too often be said--something different from abilities
of the description possessed by Mr. Collins, seems to be required to
secure the favor of the people, or rather of the political managers. He is
of too ingenuous a nature to yield to the intrigues and servility, too
often, now-a-days, demanded of political candidates by the managers.
On November 20th, 1816, Mr. Collins was married at Columbus, to Jane,
second daughter of the late Alfred Kelly--the two families having been
early neighbors and friends in New York. Two children of this marriage
survive, Frederick and Walter, the former seventeen years of age at the
present time, and the latter fourteen.
Rufus Percival Ranney.
Rufus P. Ranney, one of the most profound jurists this country has
produced, was born at Blandford, Massachusetts, October 30, 1813. His
father, Rufus Ranney, was an honest, industrious farmer, of Scotch
descent. His mother, whose maiden name was Dottie D. Blair, came from
revolutionary stock.
About the year 1822, Rufus Ranney removed with his family to Ohio. After a
short stay at Fairport, Lake county, they finally located at Freedom,
Portage county, where they made a permanent settlement upon a farm. It was
there that Rufus P. Ranney spent the years of his early manhood, and there
his parents lived until their decease. Judge Ranney's father was highly
respected in the neighborhood where he lived, and, though in humble
circumstances, did all within his power for the education of his children,
training them in the pathway of honesty and integrity--traits of character
which have marked the public and private career of his distinguished son.
His mother, an amiable woman who had received a good education, was very
attentive to her children, and her son, Rufus P. doubtless owes much of
whatever he has been in life to her early teachings.
Until he became of age, Rufus P. Ranney was engaged upon his father's
farm, obtaining, during the winter season, a few weeks education at such
schools as a country village then afforded. He attended the college at
Hudson for a season, but circumstances prevented his remaining long enough
to graduate with his class.
In the year 1835, having determined to make a start in life for himself,
he left his home and traveled on foot to Jefferson, Ashtabula county. In a
speech made by him at Ashtabula in September, 1868, he referred to the
time of his arrival at Jefferson, his worldly goods consisting of the
clothing upon his person, and _one_ extra shirt, which he carried in the
top of his hat.
Entering the office of Benjamin F. Wade, he applied himself with
diligence to the study of the law, and after a clerkship of one year was
admitted to the Bar. Soon afterward he entered into partnership with his
preceptor. The firm of Wade & Ranney was a powerful one, and "ruled the
circuit" of North Eastern Ohio. For several years it enjoyed an extensive
practice. The firm was dissolved upon the removal of Judge Ranney to
Warren, (1844,) and Mr. Wade was soon afterward chosen President Judge of
the Third Judicial District, from which position he was transferred to the
Senate of the United States.
In 1846, and again in 1848, Judge Ranney was an unsuccessful candidate for
Congress. In the Trumbull district the Whig party was largely in the
majority, and though Judge Ranney was defeated, he ran considerably ahead
of the general ticket, reducing the Whig majority to hundreds, when
before, that party had triumphed by thousands.
The people having determined that a convention be held to form a new
constitution, Judge Ranney was chosen to represent the counties of
Trumbull and Geauga. The convention was held in 1850. It was composed of
the first men of the State; both parties seem to have vied with each other
in sending their ablest representatives. There were William Medill, its
President, who afterwards became Governor of the State; the venerable
Ex-Governor Vance; Henry Stanbery, late Attorney General of the United
States; Peter Hitchcock, for thirty years a judge of the Supreme Court;
Benjamin Stanton, long a member of Congress; Judges Joseph E. Swan,
Sherlock J. Andrews, Simeon Nash and William Kennon; Charles Reemelin,
D. P. Leadbetter, William Sawyer, and others not less prominent in the
Judicial and political annals of Ohio.
In that convention, Rufus P. Ranney greatly distinguished himself.
Although but thirty-six years of age he commanded the respect and
admiration of all its members, and won for himself a high reputation as a
sound lawyer and ready debater. No one was more looked to for advice, and
none more generally correct in giving it. He was, in fact, a leader, whose
council, in almost every instance, was acceded to by the convention. All
the propositions which he introduced were for the welfare and benefit of
the people. In the official report of the debates will be found his views
upon nearly or quite all of the questions which agitated the convention.
He was the champion of the people against monopolies, and many of the most
important provisions in the constitution are the work of his hand.
The course which he pursued met the hearty approval of the people and
made his name prominent throughout the State. In response to the wishes of
the members of the legal profession, and the general desire of the public,
he was, by the legislature of 1851, chosen one of the judges of the
Supreme Court. When the new constitution went into effect, he was elected
to the same position by a large majority.
Judge Ranney occupied a place upon the Supreme Bench until 1856, when he
resigned on account of ill health. That year he was a member of the
Cincinnati National Convention, which nominated James Buchanan for
President.
In March, 1857, Judge Ranney, unsolicited on his part, received from
President Buchanan the appointment of United States Attorney for the
Northern District of Ohio. This position he held until July, when he
resigned. He then removed to Cleveland, where he resumed the practice of
his profession, as a member of the firm of Ranney, Backus & Noble.
In 1859, Governor Chase tendered him the appointment of commissioner to
examine and report upon the condition of the State Treasury, this being
soon after the Gibson-Breslin defalcation, by which the State lost several
hundred thousand dollars. Judge Ranney declined this appointment. The same
year he was unanimously nominated by the Democratic State convention as
the candidate of that party for Governor--his opponent on the Republican
ticket being the Hon. William Dennison, of Franklin county, late
Post-Master General of the United States. After a most gallant canvass,
Judge Ranney failed of an election, though he ran ahead of the other
candidates on the ticket in all parts of the State.
In 1862, against his personal wishes, he was nominated by the Democracy
for Judge of the Supreme Court. He consented to be a candidate only
after the convention had _positively refused_ to accept his declination.
The Republican nominee was his law partner, the Hon. Franklin T. Backus,
one of the most prominent members of the Cuyahoga Bar. The result was
the election of Judge Ranney by a decided majority, and although party
lines were closely drawn, he again ran ahead of his ticket several
thousand votes.
He held the position of judge of the Supreme Court until 1864, when he
resigned. Some months afterwards he resumed the practice of his profession
in connection with his son-in-law, Mr. T. Kelley Bolton.
During the same year, (1864) he was chosen one of the delegates at large
to the Democratic National Convention, which nominated George B.
McClellan for President, and was selected by the Ohio delegation as the
member from Ohio of the Democratic National Committee, holding that
position until 1868. In the late Presidential campaign, his name headed
the Democratic electoral ticket. This closes his public record. It is an
interesting one, and though briefly given, exhibits this fact, viz.: the
confidence and regard in which he has ever been held by the Democracy of
Ohio. Year after year his voice has been heard throughout the State in
defence of the Constitution and laws, and the honors which his party have
bestowed upon him, are but a merited tribute to his energy, ability, and
integrity of character.
As a lawyer, Judge Ranney has ever held the front rank in his
profession. His practice has been extensive and important; probably no
attorney in the State has, during the past ten years, been retained in
as many cases. Possessed of a strong, discriminating mind, capable of
enduring long continued mental labor, he unites with activity and energy
a determined spirit, which enables him to overcome obstacles which would
appal most men.
Judge Ranney is as logical as eloquent, and when his great reasoning
powers are brought into full sway, formidable must be the opponent to
overcome him. His arguments in court are peculiarly appropriate, clear,
calm, and strong; without wordy declamation, vehement gesture, or
passionate appeal; he seldom fails to carry his point, even when the odds
seem overwhelmingly against him.
Judge Ranney has a mind richly stored with not only the treasures of his
profession, but of ancient and modern classics, and the best literature of
the day. He is a great reader, and though he writes but little, whatever
proceeds from his pen is marked by elegance and culture.
As a Judge, he was courteous, affable and indulgent. His decisions are his
best _monuments_. They exhibit profound learning, sound judgment and
extensive research. No judge was more popular upon the Bench. Dignified
and benevolent, he enjoyed in an eminent degree the confidence of the Bar
and the public. He had the constant respect of those who differed from him
in opinion, and when he resigned his seat upon the Bench, the best men of
all parties expressed regret at his retirement from a position which he
had so much adorned. Pre-eminent in legal knowledge, Rufus P. Ranney has
reflected honor upon the judiciary of our country, and is one of the
ablest of the many learned men who have graced the Supreme Bench of our
State with their presence.
[Illustration: Yours Truly, C. T. Sherman]
Charles Taylor Sherman.
The Sherman family was among the earliest settlers in Massachusetts and
Connecticut. They and their descendants were men of note in their
respective Colonies, of strong, practical minds, pure and lofty in moral
tone and character.
They were early actors in the settlement and development of Ohio. Taylor
Sherman, the grandfather of the subject of this sketch, was a judge of
one of the Superior Courts of Connecticut, and was one of the trustees of
the Fire Land Company, to whom was granted, by the State of Connecticut,
the lands now comprised by the counties of Huron and Erie, in Ohio. As
early as 1800, he was in Ohio, and also in subsequent years, attending to
the surveying and allotting the lands to the owners, who suffered from
fire in the excursions of Arnold and Tryon, in Connecticut, in the
Revolutionary war.
His son, Charles R. Sherman, and father of Charles T. Sherman, emigrated
to Ohio in 1810, and settled in Lancaster, Fairfield county, Ohio. He
early became distinguished at the Bar, among the strong and able lawyers
then practicing in Central Ohio. In 1824, he was elected one of the judges
of the Supreme Court of Ohio, and died in 1830, whilst in the performance
of his duties.
Charles T. Sherman, of whose life these notes are made, was born in
Lancaster, February 3, 1813, and is Ohio born and reared. He was educated
and graduated at the Ohio University, in Athens, Ohio, in 1832, and
admitted to the Bar in 1835. He settled in Mansfield, Richland county,
and continued in the practice of his profession until he was appointed
judge of the United States Court for the Northern District of Ohio, in
Mardi, 1867.
He never sought to obtain any public office, but rather carefully avoided
it. He always esteemed it fortunate that he resided in a county and
section in which the majority was opposed to him in political sentiments.
He however took a leading part in developing and forwarding public
improvements in his county. He contributed liberally by his labors and
influence in locating and constructing through his county the Pittsburgh,
Fort Wayne & Chicago Railroad, and the Mansfield & Sandusky Railroad. For
many years he was a director in both roads, and general soliciter of the
Pittsburgh, Fort Wayne & Chicago Railroad, and a leading spirit in its
management.
He was also appointed by Mr. Lincoln to serve four years as one of the
Government Directors of the Pacific Railroad, and largely contributed to
its success in its early days.
The Bar of Richland county always ranked among the first in Northern Ohio.
Among the oldest members who were in full practice when Judge Sherman went
there, were Jacob Parker, afterwards Judge of the Common Pleas, Andrew
Coffinberry, one of the most genial and kind hearted men, and, withal, an
excellent lawyer, John M. May, who commenced the practice of the law in
1815, and is still living, and James Purdy, Orris Parrish of Columbus,
William Stanbery, of Newark, Hosmer and Henry B. Curtis, of Mt. Vernon,
and Edward Avery, of Wooster, afterwards Judge of the Supreme Court, all
practiced in that county. In later days and cotemporaneous with Judge
Sherman, were Thomas W. Bartley, Jacob Brinkerhoof, and Josiah Scott, all
of whom occupied the Bench of the Supreme Court of Ohio, James Stewart,
Judge of the Common Pleas, S. J. Kirkwood, afterwards Governor of Iowa, and
U. S. Senator from that State, together with R. G. Hurd and Columbus
Delano, of Mt. Vernon, and C. L. Boalt and J. M. Root, of Norwalk.
Judge Sherman ranked with those later and younger members of the Bar, and
enjoyed a practice equal to any, and more lucrative probably, than any of
them. He was quiet and unostentatious in his profession, and, seemingly,
only sought to do his whole duty to his clients and obtain the good will
of his fellow citizens.
A short time after the breaking out of the rebellion, he was appointed
Provost Marshal of some twenty counties in Northern Ohio, by the War
Department, and organized four regiments that went into the service, and
subsequently served on a commission to settle and adjust claims on the
Government arising in the West.
Upon his appointment to the Bench he resigned his position on the
Railroads, with the intention of devoting his whole time to the duties of
his judicial office. For more than two years he has presided with entire
satisfaction to the public and the members of the Cleveland Bar, proving
himself to be a strong, capable, common-sense, business judge; and by his
habitual courteous demeanor has made a host of legal and other friends
during his short residence in this city.
[Illustration: Very Respectfully, R. P. Spalding]
Rufus P. Spalding.
In a work professing to deal with the "representative men" of Cleveland,
it is eminently proper that he who has represented the interests of
Cleveland in Congress for six years with a fidelity unsurpassed by any of
his predecessors in the national councils, and who won for the district he
represented a prominence hitherto not accorded to it, should find a
conspicuous place. The six years' service of Judge Spalding in Congress as
the Representative from the Eighteenth Ohio District forms a period in the
history of the city of which the citizens, irrespective of party
predilections, have reason to be proud.
Rufus Paine Spalding is a native of Massachusetts, having been born on the
3rd of May, 1798, at West Tisbury, on the island of Martha's Vineyard. The
remote ancestor of the Spaldings was Edward Spalding, who is recorded as
having been "made a Freeman" at Braintree, Massachusetts, in 1640. Edward
Spalding's son Benjamin emigrated from Massachusetts to Connecticut about
fifteen years after that date, and settled in Plainfield, Windham county.
The great grandson of Benjamin Spalding, and the father of Rufus Paine
Spalding, Dr. Rufus Spalding, had in 1798, been for some time a resident
of West Tisbury, where he practiced medicine.
When his son was fourteen years old Dr. Spalding removed to Connecticut
and resided in Norwich. Rufus P. Spalding, having been prepared for
college, entered Yale at the proper time, and graduated in 1817, with the
degree of Bachelor of Arts. The class in which he graduated contained
names that afterwards acquired lustre in judicial, legislative, and
ecclesiastical circles.
From the first Mr. Spalding's tendency was towards the legal profession,
and immediately on leaving college he prepared himself by study for the
practice of the law. He was fortunate in the choice of an instructor,
having entered the office of the Hon. Zephaniah Swift, Chief Justice of
Connecticut, who is known to the profession as the learned author of the
"Digest." He profited so well by the instructions he received, that, on
his leaving the office, Judge Swift complimented him highly on his
proficiency, and predicted for the young lawyer a successful career, if he
remained true to his profession. On completing his term of reading law,
and being admitted to the Bar, he left New England to push his fortune in
the West, and in December, 1819, reached the old "Post of Arkansas,"
removing soon after to Little Rock, where he put out his shingle as a
lawyer, in partnership with Samuel Dinsman, who has since reached the
gubernatorial chair of New Hampshire. Here he remained about a year and a
half, when he turned his face eastward, and in passing through Ohio,
stopped at Warren, the county town of Trumbull county. Here he was induced
to remain, the chances of practice being represented as good, and his
profound knowledge of law, ability in making that knowledge serviceable,
and unwearied industry, enabled him to soon build up an extensive legal
connection, which he retained and increased during his sixteen years stay
in Warren.
From Warren he removed to Ravenna, in the adjoining county of Portage. He
had not long been in the county before the people recognized the abilities
and power of Mr. Spalding, and he was chosen to represent that county in
the State Legislature. The contest for the position was sharp, for Mr.
Spalding was a new man in the county, and it was considered by many proper
that older residents should represent so important a constituency. But the
recognized ability of Mr. Spalding outweighed all objections on the ground
of recent residency, and he was elected by a majority of one.
During his term in the Legislature, and mainly through his efforts, the
county of Summit was erected, and Mr. Spalding at once became a resident
of the new county by removing his place of residence to Akron. At the next
election he offered himself as a representative of Summit in the
legislature, and was accepted. On the organization of the House of
Representatives he was chosen speaker, and won the approbation of the
whole body by the ability and impartiality with which he presided over the
proceedings. During this term of office the question of repudiating the
State debt was broached. Mr. Spalding took strong ground against such a
course, holding it not only disgraceful but suicidal. In this he was
supported by the late John Brough, then Auditor of State, and largely
through the bold and persistent opposition of these gentlemen the scheme
was dropped.
In the Legislative session of 1848-9, the two houses of the General
Assembly united in electing Mr. Spalding a judge of the Supreme Court of
the State for the constitutional term of seven years. But when four years
of the term remained unexpired, the operation of the new constitution
ended the pending terms of all offices, and devolved the election of
Supreme Court judges upon the people instead of on the General Assembly.
Judge Spalding declined being a candidate for the office in a popular
canvass, and so the advantages of his ripe legal and judicial knowledge
was lost to the Bench of the State. Concurrent testimony shows that no
decisions were held in greater respect by the lawyers and the public, for
their uprightness and justice, whilst to the legal fraternity in
particular, they commended themselves by their logical force, and terse,
clear, emphatic style and precision of expression that rendered them
models of judicial literature. His judicial opinions are contained in
volumes 18, 19 and 20 of the Ohio Reports.
On his retirement from the Bench of the State, Judge Spalding returned to
the practice of the law with renewed ardor. Cleveland, presenting a wider
field for the exercise of his abilities, he removed to that city and at
once took front rank among the many able members of the profession. His
profound knowledge of the law, power as a debater, and his ability of
creating a strong impression on both courts and juries, built up for him
an extensive and lucrative practice. When he spoke he carried conviction,
it being all but impossible to resist the solid array of arguments and
terse, incisive style. The same characteristics that made him afterwards
so powerful in Congress had great effect on the most intelligent juries,
and exercised a marked influence on the judges engaged in trying the
causes in which he was interested as advocate.
Although the law claimed his first attention, and was his choice, Judge
Spalding was no indifferent spectator of the course of politics. He had
been trained a Democrat, and was a powerful worker in that party. But all
his convictions were on the side of justice and freedom, and when, in
1850, the Fugitive Slave Law wedded Democracy to slavery, Judge Spalding,
in common with thousands of others, broke through the party traces, and
joined the "Free Soil" party, opposed to the extention of slavery. At the
Free Soil convention of 1852, he was an active and prominent delegate, and
on his nomination, John P. Hale was made the candidate for the Presidency.
On the formation of the Republican party, pledged to the restriction of
the slave power, Judge Spalding took an active part in carrying out the
principles of that organization. He was a member of the Pittsburgh
Convention of 1856, at which the party was organized, and was a delegate
at large for the State of Ohio at the Philadelphia Convention that
nominated John C. Fremont. From that time he labored earnestly for the
success of Republican principles, and the good effect of his efforts
were frequently acknowledged by the party.
In October, 1862, he was chosen to succeed Mr. Riddle as Representative of
the Eighteenth Congressional District in Congress. The wisdom of the
choice was almost immediately made manifest. Judge Spalding had not long
occupied his seat in the House of Representatives before "the member from
the Cleveland District" became noticed for the interest he took in
questions of importance, the soundness of his views, and the ability with
which they were urged. He took part in all the leading debates, and with
such effect that he commanded the attention of the House whenever he
spoke, and the leaders listened respectfully to his suggestions. He was
appointed a member of the Standing Committee on Naval Affairs, and of the
Committee on Revolutionary Pensions, and on the formation of a Select
Committee on the Bankrupt Law, he was made its Chairman. In committee he
was noticeable for his punctuality, patient and conscientious attention to
the drudgery of committee work, and the system with which he was enabled
to despatch large amounts of it satisfactorily.
In 1864, he was re-elected to his seat, and in that term was made a member
of the Standing Committee on Appropriations, and retained his former
position on the Committee on Bankruptcy, the chairmanship of which was
held by Mr. Jenckes. In this Congress Judge Spalding took a leading part
in the important debates on the subject of Reconstruction, and impressed
his influence on the Legislation upon this matter. In the early days of
the session he made a speech, in which he indicated the measures he
regarded best adapted for the for the purpose of properly reconstructing
the rebel States. The speech attracted great attention, both within and
without Congress, and the suggestions therein contained were for the most
part subsequently adopted, and worked into the Reconstruction Laws. The
military features of Reconstruction, which formed an integral part of the
legislation, originated in an amendment proposed by Judge Spalding, when
the first Reconstruction Bill of Thaddeus Stevens was presented.
In 1866, he was again re-elected to Congress, his national services, as
well as his fidelity to the local interests of his constituents, having
secured for him that distinguished compliment. In this Congress he
continued to occupy a prominent position, and was recognized as one of the
leading men on the Republican side, though not so thoroughly partizan as
to accept all the measures proposed in the name of the Republican party.
He differed occasionally with the dominant section of the party, when he
believed their zeal outran discretion and sound policy, and the judgment
of the country has in most cases pronounced him to have acted rightly. In
this Congress he served on the Committee on Appropriations, the Committee
on the Revision of the Laws of the United States, and upon the Joint
Committee on the Library of Congress. In the debates on the financial
questions that enlisted the attention of Congress at this session he took
a leading part, and in May, 1868, he delivered a speech on "The Political
and Financial condition of the Country," which took strong ground against
the unconstitutionality of the Legal Tenders, whilst approving the passage
of the Legal Tender Act as a measure of military necessity at the time.
With this Congress Judge Spalding's legislative career closed. The duties
of the position, always faithfully performed by him, were growing too
onerous, and at his time of life, though still full of activity and
healthy vigor, it was urged that he should enjoy more ease than was
possibly consistent with his idea of a proper fulfillment of the trust of
member of Congress. He therefore wrote a letter to his constituents
several months before the period of nomination, positively declining a
renomination, and withdrawing from public life.
The determination of Judge Spalding to withdraw from active political life
was a matter of surprise and regret to his colleagues in Congress, who had
learned to value his sound judgment, ripe scholarship, earnest patriotism,
and great legislative ability. It was a positive loss to the people of the
Eighteenth Ohio District, for never had the interests of that district
been better cared for. To Cleveland, especially, he proved in reality a
representative member. The wishes of his constituents were promptly
attended to, their interests carefully guarded, and no stone left unturned
in the endeavor to benefit the city and its people. In the Congressional
session and out of it, he was ever on the watch for opportunities to
advance the interests of his constituents, and in complying with the daily
requests for advice and assistance, he did so, not grudgingly or
reluctantly, but with earnestness and hearty good will, as if it were a
matter of his own personal concern. The withdrawal of Judge Spalding from
public political life, was a loss to the national councils in which he had
achieved distinction, but was a still greater loss to the constituency he
represented.
Judge Spalding has returned to the legal profession, of which he ranks
among the brightest lights, and finds in its practice, and in the quiet
enjoyment of social and domestic life, a satisfaction which his public
career, brilliant as it was, failed to give. In his seventy-second year,
he is yet in the full enjoyment of all his faculties, physical and mental,
and is the picture of sound health and mental vigor.
Judge Spalding has been married twice. In October, 1822, he was married to
Lucretia A. Swift, oldest daughter of his preceptor in legal studies.
Seven children were born of this marriage, of whom but three yet live:
Col. Zeph. S. Spalding, United States Consul at Honolulu, Brevet Captain
George S. Spalding, First Lieutenant 33d U. S. Infantry, and Mrs. Lucretia
McIlrath, wife of Charles McIlrath, of St. Paul, Minnesota. In January,
1859, Judge Spalding was married to his present wife, oldest daughter of
Dr. William S. Pierson, of Windsor, Connecticut.
W. S. C. Otis.
W. S. C. Otis was born in Cummington, Hampshire county, Massachusetts,
August 24th, 1808. His father was a farmer in narrow circumstances, who,
owing to the loss of property, was able to bestow upon his children only
such an education as could be obtained in the district schools of a purely
agricultural district. Books were scarce, and as poor in quality as meagre
in quantity; but being a lad with literary tastes, a desire for
information, and an omnivorous appetite for reading, every book that fell
in the way of young Otis was eagerly seized and its contents ravenously
devoured. The life of a poor farmer, with its ceaseless drudgery and petty
needs, was distasteful to the lad, and he was anxious to obtain a
collegiate education, and thus become fitted to fight the battle of life
with brain instead of muscle. His ambition was not discouraged by his
father, but there was a great difficulty in the way of its
gratification--the want of money. Mr. Otis was utterly unable to give his
son any pecuniary assistance, though ready to resign his claim on his
son's time; an important sacrifice when the demands of a large family and
the straitness of his means are taken into consideration. Application was
made for admission to West Point Military Academy, but unfortunately a
Congressman's son was also a candidate for the appointment, and of course
the friendless son of a poor struggling farmer had to go to the wall. This
was a heavy blow and sore discouragement.
When the subject of this sketch was about seventeen or eighteen years old
his father emigrated to Ohio, leaving his son behind with only forty
dollars in money, who, after making arrangements with his brother, W. A.
Otis, to furnish him such pecuniary aid as he might need, proceeded to fit
himself for college under the Rev. Roswell Hawks, of Cummington, devoting
only one year to preparation, and entered Williams College in the Fall of
1826. In order to lighten the burden upon his brother, he taught school
two Winters during his college course, and graduated in the autumn of
1830, among the best scholars of the class.
Before graduating, he was appointed principal of Gates' Academy, in
Marlborough, Massachusetts, and entered upon the duties of the
appointment; but at the expiration of the year he followed the rest of the
family to Ohio, and in the month of September, 1831, commenced reading law
with Whittlesey & Newton, of Canfield, Ohio. In September, 1833, he was
admitted to the Bar, and immediately commenced the practice of the law in
Ravenna, Portage county, where he continued to reside till 1840.
In June, 1840, after the county of Summit was organized, Mr. Otis moved to
Akron, where he resided and continued to practice his profession until
January, 1854. While a resident of Summit county he was elected
Prosecuting Attorney of the county for two years. He also filled the
position of president of the Akron Bank, from its organization, till
January, 1854, and was a member of the Board of Control of the State Bank
of Ohio, and member of the Convention which formed the present
Constitution of the State of Ohio. While a member of the Convention he
devised and reported to that body the scheme for the apportionment of the
members of the House of Representatives, which, with slight modifications,
was adopted into the Constitution, and is now the system in this State.
While a member of the Constitutional Convention, he acquired a distaste
for political life, and resolved to abandon it, a resolution to which he
has since constantly adhered.
In January, 1854, Mr. Otis was elected vice-president of the Cleveland and
Pittsburgh Railroad Company, and in order to better perform the duties of
the position, he removed to Cleveland, taking charge of the operations of
the road and the finances of the Company. In the Winter of 1854 and 1855,
he was tendered the presidency of the Bellefontaine and Indiana Railroad
Company, but declined, and in the Spring of 1855, resumed the practice of
his profession. Soon afterwards he was elected the Solicitor of the
Cleveland and Pittsburgh Railroad Company, and continued to act as such
until he resigned the position in May, 1869, and since that time he has
confined himself strictly to the practice of law.
As a lawyer Mr. Otis ranks high in his profession, having a very extensive
knowledge of the law in all its ramifications, and a readiness in the
application of his knowledge that enables him to baffle and confound his
opponents without descending to mere pettifogging.
For many years he has been a member either of the Congregational or
Presbyterian churches in the places in which he has resided; and has
always taken great pleasure in studying the Bible, and great satisfaction
in teaching it to others, hence the secret of the spotless morality and
unswerving integrity he has maintained through life.
Mr. Otis was married in January, 1836, to Hannah, daughter of the late G.
Mygatt, and sister of George Mygatt, of Cleveland. She died without issue
in April, 1840. In November, 1842, he was married to Laura L., daughter of
the late Judge Lyman, of Ravenna.
Franklin J. Dickman.
Franklin J. Dickman is a native of Petersburg, Virginia, where his
parents have long resided. At the age of sixteen he entered the Junior
class of Brown University, at Providence, Rhode Island, and at the age of
eighteen graduated with the salutatory honors of his class. In the same
class were the Hon. S. S. Cox, Lieutenant Governor Francis Wayland, of
Connecticut, and the Rev. James C. Fletcher, now so well known for his
travels in Brazil.
On leaving college Mr. Dickman studied law in the office of the late
Charles F. Tillinghest and ex-Chief Justice Bradley, at Providence, and
after completing his studies he commenced the practice of his profession
in the same city, continuing with success until he removed to Cleveland.
His entry on public life was early. In 1857, the Democracy of Rhode
Island selected him as their candidate for Attorney General of the State,
and it is a noticeable fact that although running on the Democratic
ticket, he received almost the entire colored vote of the State. In 1858,
he was appointed a member of the Board of Visitors to the Military Academy
at West Point, and was chosen Secretary of the Board. In that capacity he
drew up the report of the Board for that year, which was subsequently
published by order of the Secretary of War.
In December, 1858, he removed to Cleveland, rightly considering that its
growth and prosperity, and the important cases continually arising out of
its commercial business, rendered it a good field for a man of knowledge
and of energy to put that knowledge to account. He entered on the
practice of his profession with zeal, and speedily reaped his reward in a
large business.
Up to the breaking out of the war Mr. Dickman had acted with the
Democratic party, but when treason culminated with rebellion, he joined
those of his political associates who disregarded party lines and united
with the Republicans in forming the Union party. Although fitted for
college with Roger A. Pryor, of Petersburg, and though his parents
remained in Petersburg during the war, Mr. Dickman took strong ground
against the rebellion and all who gave it encouragement.
In 1861, he was nominated for member of the State Legislature from this
city, and was elected by a large majority. In that body he was made
chairman of the Committee on Railroads and also placed on the Judiciary
Committee. In the latter capacity the subject of military arrests came
under his notice, and his speech on that subject was considered so able
and exhaustive an exposition of that subject that it was published at
the request of the Judiciary Committee and widely circulated through
the State.
At the close of his legislative term he formed a law partnership with
Judge Spalding, which still continues, and re-entered assiduously on the
duties of his profession, devoting most of his attention to admirality,
marine insurance, and patent cases. In these he has been very successful.
In 1867, President Johnson appointed Mr. Dickman United States District
Attorney for the Northern District of Ohio. The appointment was received
with satisfaction by all shades of political opinions, and Mr. Dickman
continued to perform its duties to, the approbation of all having business
with the court until early in 1869, when he resigned the position in
order to confine himself more closely to his private practice. It is
admitted on all sides that the duties of his office were faithfully and
ably performed. Of the great number of criminal cases brought before the
court by him only two escaped conviction, thus evidencing the merit, care
and attention given to the getting up of the cases for trial. Such
uniformity in securing conviction is very unusual.
Mr. Dickman is a gentleman of fine literary tastes, extensive reading, and
rare classical attainments. The relaxation from his legal duties is found
mainly in his library among the highest class of authors. His frequent
orations for the literary societies of Brown University and the University
of Michigan, and other occasions, have been marked by scholarly finish and
have always been received with approval. During the existence of the
Knickerbocker Magazine, before its decadence, he contributed to its pages
a series of valuable articles on "Butler's Horae Juridical," and on "The
Revolution of 1688."
Cherishing a high ideal of professional attainments and ability, Mr.
Dickman has realized it to a degree remarkable for a young man. With
ample acquirements he has clear conceptions, and broad views of the
principles of legal science, frequently never attained by older lawyers,
even after a large and life-long practice. His habits of study are wisely
methodized, so as to husband time, and make his efforts tell without
waste upon results.
A very marked feature also in his character, is a rigorous but highly
intelligent economy. Upon a limited practice in Rhode Island, before
coming to Cleveland, he not only sustained himself, but accumulated a
considerable sum as a basis upon which he could rely with honorable
independence in a new field. This was done in circumstances in which
multitudes of young men at this day, would by self-indulgence and lavish
outlay, have become embarrassed by debt.
The example of a wise economy in one familiar with the first social
surroundings--an economy supplying means for a rich and broad literary
culture, under the guidance of liberal tastes, yet rigid as to
self-control--but ever avoiding parsimony, is far too rare among young men
in this lavish and wasteful age. The young man who shows what enlightened
self-control, what high probity and fidelity to the details of little
wants and expenditures can do to lift a man high above debt, to thrift and
self-reliance, is a valuable citizen, exerting an influence as wholesome
as it is wise, manly, and rare.
Mr. Dickman, in his mental growth, aims at the solid, rather than the
merely sensational; the lasting, rather than the transient. Gifted
naturally with vigorous and admirably balanced powers, the right use of
which has enriched him already with ample mental furniture, and with
habits the most exemplary, and a high character, established upon an
intelligent religions basis, the future to him is full of promise of the
most honorable achievements.
In 1862, Mr. Dickman was married to Miss Annie E. Niel, daughter of Robert
Neil, of Columbus, Ohio, and has two children living.
James M. Jones.
The subject of this sketch is the third son of Thomas and Mary Ann Jones,
who emigrated from England to the United States, and settled in Cleveland
in the Spring of 1831, where they still reside, They were the parents of
nine sons and four daughters, all of whom, save one son and one daughter,
are still living.
James Milton Jones enjoyed only such moderate advantages in the way of
education as were afforded by the common and high schools of the day, and
by the classical and English school of the late lamented and most
accomplished educator, H. D. Beattie, A. M.; but his memory was good, he
was a close student, and he therefore readily and easily familiarized
himself with the studies in which he engaged. He early manifested unusual
taste and fondness for composition, and his inclination and talent in that
direction were much cultivated and improved by assiduous study of the best
standard works in prose and poetry.
On leaving school he became interested as a partner in the marble
manufactory of T. Jones & Sons, and acquired a practical knowledge of the
business, but never applied himself very closely to its duties.
He joined various literary and forensic societies about the year 1850,
composed of some of the best literary and professional talent among the
young men of the city, where essays, poems, and discussions on all topics
of the day were embraced in the order of exercises; and he soon became
marked for his thorough preparation of and familiarity with the subjects
of debate, and regarded as a speaker of more than ordinary promise.
He became a frequent contributor, (but never in his own name,) in prose
and poetry, to the literary, as well as the daily papers of the day, and
especially to the daily Plain Dealer, of which the late J. W. Gray, Esq.,
was then the accomplished and witty editor, and by whom Mr. Jones was much
encouraged, and his contributions frequently commended. As specimens of
his poetic contributions, we give the following. It should be noted that
with his entry on the actual duties of professional life, Mr. Jones bade a
final adieu to the muses:
Woodland Reveries.
In this deep shady dell,
Where the soft breezes swell,
And beautiful wood-sprites by pearly streams wander--
Where the sweet perfume breathes,
O'er angel twined wreaths,
Luxuriantly blooming the mossy trees under--
Here, beneath the bright vine
Whose leaves intertwine,
I'm dreaming of thee, my lost Angeline!
Oh! I think of the time--
Of the warm spring time,
When with thee I've wandered, and with thee I've dallied;
E're my soul had once dreamed
That the roses which seemed
So fadeless, could leave thy warm cheek cold and pallid,
Or thy dear form decline,
From its radiance divine,
To press the cold grave sod, my own Angeline!
While the pale starlight laves,
With its shadowy waves,
A brow, that with memory's anguish is throbbing;
Each quivering leaf,
Seems trembling with grief,
That's borne on the zephyr's low sorrowful sobbing.
For that dear form of thine,
So oft pressed to mine,
My angel-claimed lost one, my own Angeline!
As the stream leaps along,
And I list to its song,
It sounds like the surging of sorrow's dark river;
When o'er my young bride,
Passed its dark rolling tide,
And bore her away from my bosum forever;
Yes; bore thee to shine
In regions divine,
Resplendently lovely, and pure, Angeline!
And _there_, as I gaze
On its bright sparkling face,
Where pearly white ripples are merrily gleaming,
Reflecting each star
That shines from afar,
The face of my lost one seems tenderly beaming;
Yes! there beside mine,
Are thy features benign,
By memory mirrored, my own Angeline!
As I gently recline,
'Neath the clustering vine,
The veil from futurity's vista is lifted,
And adown life's wild tide,
I rapidly glide,
And into eternity's ocean am drifted;
And there, soul of mine
In regions divine,
I meet thee, to part _nevermore_, Angeline!