Source:
1789 - 1881
History of Cincinnati, Ohio
with Illustrations and Biographical Sketches
Compiled by Henry A. Ford, A. M., and Mrs. Kate B. Ford
L. A. Williams & Co., Publishers
1881
CHAPTER XXIII.
Bench and Bar
PIONEER LAWYERS
[Pg. 310] -
To Thomas Goudy is usually accorded the
honor of being the first lawyer in Cincinnati. But it
should not be forgotten that in the very first boat-load of
Losantiville voyagers, among those who landed, as he himself
testified much later, “on the twenty-eighth day of December,
1788,” was the most prominent lawyer and magistrate of
Cincinnati’s first decade. He was a worthy man to lead
the long and distinguished roll of the bench and bar of the
Queen City.
WILLIAM
M'MILLAN
was born near Abingdon, Virginia, of Irish
stock, the second of nine children. He was graduated
at the renowned old college of William and Mary, and
left it, as his nephew and eulogist, the late Hon.
William M. Corry, said long after, “not only with the
diploma, but with the scholarship of a graduate whose
distinction became important to the institution and more
than reflected her benefits.” Until his removal to the
Miami Purchase, he divided his attention between
intellectual and agricultural pursuits. He was the
first justice of the court of general quarter sessions of
the peace, commissioned by Governor St. Clair for
Hamilton county, in 1790, and was an active, energetic,
public-spirited citizen here from the beginning. In
1799 he was elected as a representative of the county in the
territorial legislature, and was chosen delegate of the
territory in Congress after the resignation of General
Harrison. While at Philadelphia, then the seat
of Government, he was commissioned United States district
attorney for Ohio; but was prevented by declining health
from assuming the duties of the office for more than a short
time. He died in Cincinnati in May, 1804. He had
been one of the most zealous and influential members of Nova
Csesarea Harmony lodge, No. 2, of Free and Accepted Masons;
and that lodge, nearly a quarter of a century after his
decease, Oct. 28, 1837, dedicated a monument to his memory,
at which a glowing and eloquent eulogy was pronounced by
William M. Corry, esq. We extract the following
tribute to his merits as a lawyer:
During his professional career, there was no higher name at
the western bar than William McMillan.
Its accomplished ranks would have done honor to older
countries; but it did not contain his superior. Some
of our distinguished lawyers of that day were admirable
public speakers: he was not. Some of them were able in
the comprehension of their cases, and skilful to a proverb
in their management. Of these he ranked among the
first. His opinions had all the respectability of
learning, precision, and strength. They commanded
acquiescence; they challenged opposition when to obtain
assent was difficult and to provoke hostility dangerous.
The succeeding
remarks strongly and no doubt correctly characterize the
local bar of his day:
The
profession in those times are conceded to have held high
characters for attainments and intellect. Their
recorded history demonstrates the fact, and those who have
survived to this day still receive the tribute of
unqualified praise for what they are, as well as what they
were. It was not easy to obtain the district
attorneyship in that day, when men were chosen and appointed
to office from amongst formidable competitors by the test of
honesty and capacity, as well as patriotism. The front
rank of the law, then, as much as now, was inaccessible to
the weak or the idle, and offices of gift went to the
deserving, instead of the dishonest.
Judge Burnet,
in his Notes on the Settlement of the Northwestern
Territory, has this to say of Mr. McMillan:
He
possessed an intellect of a high order, and had acquired a
fund of information, general as well as professional, which
qualified him for great usefulness in the early legislation
of the territory. He was a native of Virginia,
educated at William and Mary, and was one of the first
adventurers to the Miami valley. He was the son of a
Scotch Presbyterian of the strictest order, who had educated
him for the ministry, and who was, of course, greatly
disappointed when he discovered that he was unwilling to
engage in that profession, and had set his heart on the
study and practice of the law. After many serious
discussions on the subject, the son, who understood the
feelings and prejudices of the father, at length told him
that he would comply with his request, but it must be on one
condition—that he should be left at perfect liberty to use
Watts’ version of the Psalms. The old gentleman
was very much astonished, and rebuked his son with severity,
but never mentioned the subject to him afterwards.
THOMAS GOUDY,
however, has undoubtedly the right to
precedence as being the first member of the legal profession
who put out his shingle in Cincinnati. Indeed, he was
here before Cincinnati was, coming, like McMillan,
while the place was yet Losantiville, but later in the year
1789, it is said. In 1790 he was one of the settlers
who formed Ludlow’s Station, in what is now the north
part of Cumminsville, and his name appears occasionally in
the Indian stories of that period. Three years
afterwards he was married to Sarah, sister to Colonel
John S. Wallace. Among his children was the
venerable Mrs. Sarah Clark, now residing with
Mr. Alexander C. Clark, her son, upon his farm
in Syracuse township, north of Reading. Goudy’s
office was originally upon the corner of an out-lot, on the
present St. Clair square, between Seventh and Eighth
streets; but he found it altogether too far out of town for
a law office. It was long abandoned, and came near
falling a prey to the flames in the first fire that occurred
in Cincin-
[Pg. 311] -
nati—one that swept the out-lot of pretty much everything
else upon it. This was the only building put up for
several years upon the spacious tract between Sixth and
Court streets, Main and the section line on the west, about
where John street now is. The lots were then
surrounded by a Virginia or “worm-fence.”
SAMUEL
FINDLAY
Contemporary with
McMillan and Goudy, as a Cincinnati lawyer,
was Ezra Fitz Freeman; and early came
also an attorney of reputation, of whom Judge
Carter has the following pleasant recollections:
He was an intelligent man and a good
lawyer; but he became fonder of politics, and engaging in
them most earnestly and prosperously, he was sent to
Congress from the Hamilton county district once or twice in
the latter twenties. He was a first-rate man in every
sense, and we are glad to put him down in our reminiscences,
I remember him as I saw him and knew him in very boyhood—a
burly, portly form, largely developed frontal head, adorned
with sandy hair; and he had the mien and manners of a
finished gentleman.
DANIEL
SYMMES,
another early
member of the Hamilton county bar, was a nephew of Judge
Symmes and brother of Captain John Cleves
Symmes, the advocate of the theory of concentric
circles and polar voids. His father, Timothy
Symmes, only full brother of the hero of the Miami
Purchase, was himself judge of the inferior court of common
pleas in Sussex county, New Jersey, but came west soon after
his older brother, and was the pioneer at South Bend, where
he died in 1797. Daniel was born at the
ancestral home in 1772, graduated at Princeton college and
came out with his father; was made clerk of the territorial
court; studied law and practiced some years; after Ohio was
admitted was a State senator from Hamilton county and
speaker of the senate; upon the resignation of Judge
Meigs from the supreme bench in 1804 was appointed to
his place and held it until the expiration of the term, when
he secured the post of register of the Cincinnati land
office, and performed its duties until a few months before
his death, May 10, 1817.
JACOB BURNET
Judge
Burnet has received incidentally so many other notices
in this work that he need have but brief mention here.
He was born in 1770—son of Dr. Burnet, of New
Jersey, who distinguished himself in the Revolutionary
war—and in 1796 followed his brother, Dr. William
Burnet, to the hamlet in the wilderness opposite the
mouth of the Licking, and here made his beginnings as a
lawyer and magistrate. In about two years he was at
the head of the legislative council for the Northwest
territory—the man, scarcely beyond twenty-eight years old,
who in influence and usefulness stood head and shoulders
above all others in the first Territorial legislature.
His long and honorable career thereafter, ending only with
his death in 1853, at an advanced old age, need not be
recapitulated here. He retired from active practice in
1825. Judge Carter indulges in the
following reminiscence of him:
Judge Jacob Burnet,
as he was called, after he became a judge of the supreme
court, was a very early lawyer of the Ohio bar. I
laving come to the city of Cincinnati from the State of New
Jersey, toward the close of the last century, and engaging
in very early practice of the law in our courts, and
becoming one of the most expert and learned and able lawyers
of the bar, he may justly be esteemed the pioneer lawyer of
the old court-house, and his name deservedly stands at the
head of the list of its members of the bar.
When the hapless
Blennerhasset was to be tried as an accessory to the high
treason of Aaron Burr, he was advised by the
latter to employ in his defense Judge Burnet, and
also Richard Baldwin, of Chillicothe. It
was expected that the trials would occur in the State of
Ohio. Blennerhasset followed the advice, and presently wrote
to his wife: “I have retained Burnet and Baldwin.
The former will be a host with the decent part of the
citizens of Ohio, and the latter a giant of influence with
the rabble, whom he properly styles his ‘blood-hounds.’”
Some reminiscences of Judge Burnet’s own,
extracted from his Notes on the Settlement of the
Northwestern Territory, will have interest here:
From
the year 1796, till the formation of the State government in
1803, the bar of Hamilton county occasionally attended the
general court at Marietta and at Detroit, and during the
whole of that time Mr. St. Clair, Mr.
Symmes, and Mr. Burnet never missed a term
in either of those counties.
The journeys of the court and bar to those remote
places, through a country in its primitive state, were
unavoidably attended with fatigue and exposure. They
generally traveled with five or six in company, and with a
pack-horse to transport such necessaries as their own horses
could not conveniently carry, because no dependence could be
placed on obtaining supplies on the route; although they
frequently passed through Indian camps and villages, it was
not safe to rely on them for assistance. Occasionally
small quantities of corn could be purchased for horse feed,
but even that relief was precarious, and not to be relied
on.
In consequence of the unimproved condition of the
country, the routes followed by travellers, were necessarily
circuitous and their progress slow. In passing from
one county seat to another, they were generally from six to
eight, and sometimes ten, days in the wilderness. The
country being wholly destitute of bridges and ferrries,
travellers had therefore to rely on their horses, as the
only substitute for those conveniences. That fact made
it common, when purchasing a horse, to ask if he were a good
swimmer, which was considered one of the most valuable
qualities of a saddle horse. Strange as this may now
appear, it was then a very natural inquiry.
EIGHTEEN
HUNDRED AND THREE TO EIGHTEEN HUNDRED AND TEN.
Mr. James
McBride, in his Pioneer Biography, notes as the
Cincinnati lawyers who were wont to attend the Butler county
courts during and between these years, Judge
Burnet, Arthur St. Clair, jr., Ethan Stone,
Nicholas Stone, Nicholas Longworth, George
P. Torrence, and Elias Glover. He
adds: “The bar was a very able one, and important cases were
advocated in an elaborate and masterly manner.”
ST.
CLAIR AND HARRISON.
The “Mr. St.
Clair” named in Judge Burnet’s first paragraph, was
Arthur St. Clair, jr., son of Governor St. Clair,
and a man of some ability, who came within two votes of
defeating General Harrison at the first
election, by the Territorial legislature, of a delegate to
Congress. Harrison was also a lawyer, as well
as doctor, farmer, soldier, and public officer, and
sometimes appeared in a case; but won no distinction
whatever at the bar. His chief prominence in the
courts was simply as clerk of the Hamilton county
court of common pleas, from which position he was elected at
one bound to the Presidency of the United States. His
knowledge of the law, of course,
[Pg. 312] -
was of much use to him in his various public
and private employments.
Harrison was, it should be noted, one of the
very few temperate lawyers and public men of his time.
Judge Burnet recorded in his Notes many years
afterwards that, of the nine lawyers that were
contemporaries with him in his earlier days in Cincinnati,
all but one went to drunkard’s graves. It was an age,
as we have seen elsewhere, of high conviviality and
destructive good fellowship. Harrison’s own
son, it is said—the junior William Henry
Harrison, a young lawyer of brilliant talents, eloquent
and witty—fell an early victim to intoxicants. Apropos of
the morality of the bar in the olden day, there is a
tradition that two of the lawyers, named Clark and
Glover, made full preparations to fight a duel over some
personal or professional difference. The affair was
settled without bloodshed, but not until one of them had
pulled off his shoes, to fight the more conveniently in his
stocking feet.
EARLY JUDGES.
Hon. A. H.
Dunlevy, son of Judge Francis Dunlevy, of
Columbia, in an address before the Cincinnati Pioneer
society, Apr. 7, 1875, gave the following reminiscences of
the bench of 1804-5:
Among these early judges, besides my
father, then the presiding judge, were Luke Foster,
James Silver, I think, and Dr.
Stephen Wood. Judge Goforth was also
on the bench, but lived in the city. Here, too, I
frequently met Judge John Cleves Symmmes. In
the early part of court he was always thronged with
purchasers of his lands, and I have seen him while supping
his tea, of which he was excessively found, writing deeds or
contracts, and talking with his friends and those who had
business with him, all at the same time.
OTHER EARLY LAWYERS.
John S. Will,
a native of Virginia, born in 1773, and admitted to the bar
at the age of twenty-one. In 1798 he went from
Cincinnati to Chillicothe and attended the first session of
the common pleas court of the territory there. In 1809
he removed to Franklinton, now a part of Columbus, and died
there Apr. 27, 1829. He was not an eminently
successful attorney, and is said often to have appeared as
defendant, rather than counselor and advocate, in actions
for debt.
David Wade was more prominently identified with
the early bar here. He was public prosecutor in 1809,
and for a long time afterwards.
Moses Brooks came to Cincinnati in 1811, was at
first an innkeeper, but studied law and was admitted to
practice. He abandoned the profession in 1830 from ill
health, and became a successful merchant. He was also,
as we have seen under another head, an occasional writer of
some note for the press.
Nicholas Longworth came from Newark, New Jersey,
to the west, and soon became a Cincinnati lawyer, but more
for wealth than fame, and did not remain permanently in the
profession, Judge Carter says:
He
came to Cincinnati from Jersey in very early times and
commenced operations as a shoemaker and afterwards studied
law and was admitted to practice law at the earliest bar,
but he did not practice law very much, though he was very
capable and possessed an acute and astute mentality, and he
was always a good and clever gentleman, as singular and
eccentric as he was sometimes. His position as a
lawyer affording him great facilities, he became mostly
engaged in property speculations, and eventually became by
far the largest real-estate holder in this city and in the
western country, and the richest man. He was, in a
sense, the Croesus of the west, for his wealth increased and
increased so much in the great growth of Cincinnati that he
hardly knew what to do with it, and certainly did not know
all he owned. For a rich man, though peculiar,
particular, and eccentric, he was a good and clever man, in
both the American and English sense. Mr. Longworth
was reputed to have died worth twelve millions. He was
the father of Joseph Longworth, of the court of
common pleas, who has had a long and honorable career as a
lawyer and judge in Hamilton county.
THE LYTLES.
William Lytle,
a captain in the Pennsylvania line in the old French War,
was an immigrant to Kentucky in 1779. His son, also
William, was a pioneer in southwestern Ohio, where he
became famous in the border warfare, and an extensive
landholder in Clermont county, where he then resided, and
elsewhere. An intimate personal friend of President
Jackson, he had no difficulty in obtaining from him
the post of surveyor general of public lands. Many of
his later years were spent in Cincinnati, whither he removed
early in this century. Robert T. Lytle was the
son of General William Lytle, and was a native
Cincinnatian. He was early admitted to the bar, and
gave great promise as a young lawyer; but the attractions of
politics and his rare gifts as an orator soon took him into
public life and long ruined him as a practitioner. He
was but a youth when sent to the legislature, to which he
was repeatedly returned, and then twice sent to Congress
(the first time when but thirty-two years old) as a
Democratic representative from this district.
President Jackson made much of him at Washington.
He spoke often and well in the house, and achieved national
repute. As a stump orator also, he was hardly excelled
at that time by any man of his years in the country.
Lytle sided with Jackson on the United States
bank question, and this led to his defeat in 1834, by
Judge Storer. He gave great promise as a lawyer
and public man, which was defeated by his early death.
William H., son of Robert T. Lytle, studied
law with his uncle, E. S. Haines, and also cultivated
literature succesfully. He was an officer in the
Mexican war, and held a general’s commission in the war of
the Rebellion, during which he lost his life in action at
Chickamauga.
JUDGE WRIGHT,
in early life a school-teacher, came to
Cincinnati in 1816. He was a graduate of Dartmouth
college, and was admitted
to the bar the following November term of the supreme court
of Ohio. He married a niece of Judge Burnet,
and succeeded early in getting a good practice. For
many years he was distinguished at the bench and bar, and in
the Cincinnati Law school. Says Judge Carter:
One of the best examples of a
real and genuine lawyer of the old school and of the old
bar, was Nathaniel Wright. He came in
early times from the east to this city, thoroughly educated
in academies and in the law. He obtained and
maintained a good legal practice for many years, and, unlike
some of his fellows, never was diverted from or went out of
the way of his professional limits. He was strictly a
lawyer and because of this he was reputed and relied upon as
a counselor learned in the law, and became the Mentor of
many of the lawyers. He was a rigid man in his moral
and religious principles, and I doubt if anything was ever
said or could be be said against him. His reputation
as the soundest and safest of lawyers was much extended, and
he was a
J. S. White
[Pg. 313] -
great credit to the bar of early Cincinnati.
He was the father of our present D. Thew Wright,
lawyer and judge, and good and clever fellow and lived to
venerable age, and died recently among us, respected by
every one.
PEYTON SHORT SYMMES,
grandson of Judge Symmes,
began his career in Cincinnati. He never made so much
figure in law as in literature and public life. In
1817, and for many years afterwards, he was register of the
land office here. In 1831-3 he was a member of the
city council; 1833-49, an active member of the board of
education, preparing some of its most elaborate reports;
1830-50, a member of the board of health, exhibiting special
activity during the cholera year of 1849. He was a
trustee of the old Cincinnati college, and took a lively
interest and intelligent part in the transactions of the
Western College of Teachers and in nearly all the local
literary societies of that time. He wrote much and
well, as the Carrier’s Address— poetry, of course—for the
Cincinnati Gazette of New Year’s Day, 1816, and many
articles in the Literary Gazette of 1824-5, Chronicle of
1826, and the Mirror of 1831-5, in both prose and verse.
He is said to have had in preparation a biography of his
distinguished ancestor, Judge Symmes; but, if so, the
matter prepared has never been recovered. He died July 7,
1861, at the residence of his son-in-law, Charles L.
Colburn, on Mount Auburn.
TIMOTHY FLINT'S VIEW
The Rev. Timothy
Flint, who spent the winter of
1815-16 in Cincinnati, says in his book of Recollections:
At the bar I heard forcible reasonings
and just conceptions, and discovered much of that cleverness
and dexterity in management, which are so common in the
American Bar in general. There is here, as else where
in the profession, a strong appetite to get business and
money. I understood that it was popular in the courts
to be very democratic and, while in the opposite State a
lawyer is generally a dandy, he here affects meanness and
slovenliness in his dress. The language of the Bar was
in many instances an amusing compound of Yankee dialect
southern peculiarity, and Irish blarney. “Him" and “me,"
said this or that, “I done it," and various phrases of this
sort, and images drawn from the measuring and location of
land purchases, and figures drawn from boating and river
navigation, were often served up as the garnish of thin
speeches. You will readily perceive that all this has
vanished before the improvements, the increasing lights, and
the higher models, which have arisen in the period that has
elapsed between that time and this.
THE LAWYERS OF 1819
Farnsworth’s
Directory of 1819, the first issued for Cincinnati, gives
the following as the entire roll of the attorneys of that
time in the city:
Thomas Clark.
David Shepherd.
William Corry.
Elisha Hotchkiss.
Samuel Q. Richardson.
James W. Gazlay.
Chauncey Whittlesey.
Richard S. Wheatley.
Joseph S. Benham.
David Wade.
Hugh McDougal.
Nathan Guilford.
|
William M.
Worthington.
Francis A. Blake.
Nathaniel Wright.
Nicholas Longworth.
Samuel Todd.
Nathaniel G. Pendleton.
Benjamin M. Piatt.
David K. Este.
Thomas P. Eskridge.
John Lee Williams.
Stephen Sedgwick.
Daniel Roe.
Bellamy Storer. |
The names of
Judge Burnet and General Harrison
are strangely omitted from this list. They were
undoubtedly entitled to enrollment in the Hamilton county
bar, and they have their proper place in the catalogue given
by judge Carter.
Mr.
Gazlay came about this year to Cincinnati from New York
State, and entered upon a distinguished career in law and
politics. In 1824, as a Jackson man, he was
elected to Congress over no less a competitor than
General Harrison, he representing, as his friends
put it, plebeian or popular interests against aristocratic.
Having
voted, however, against the proposed appropriation from the
Federal Treasury as a gift to General Lafayette,
then on a visit to this country, Mr. Gazlay
was relegated to private life at the next election of
Congressman. He practiced but little at the bar after
this, but retired to the country and spent much of his time
in literary work. He was much respected through a long
life, and died at the good old age of eighty-nine.\
David K. Este
was a graduate of Princeton College, came from New jersey to
Cincinnati about 1813, and was a very successful
practitioner here. Mr. Mansfield says he was “a
good lawyer, but chiefly distinguished for courtesy of
manners, propriety of conduct, and success in business.
Like Burnet, he was one of those cool, careful
temperaments, which are incapable of being excited beyond a
certain point, and who never commit themselves out of the
way. . . . An Episcopalian in the church, a gentleman
in society, and a Republican in politics.” He lived a
long and honored life here, having grown very wealthy
through the rise of real estate, in which he had invested
the savings of his lucrative practice. He was Judge of
the old Superior Court, organized in Cincinnati in 1838; but
resigned in 1845, from insufficient salary. He was
also for several years presiding Judge of the old Court of
Common Pleas. He survived until recent days, dying at
last at the age of ninety years.
William Corry
was accounted a sound lawyer, and was the first Mayor of the
village of Cincinnati, remaining in the office until the
village became a city. He, too, was neatly depicted at
the hands of the Cincinnati Horace:
Slow to obey, whate'er to call,
And yet a faithful friend to all;
In person rather stout and tall,
In habits quite domestic;
Devaux in elegance is found
To run the same unvaried round,
Ne’er groveling lowly on the ground,
Nor stalking off majestic. |
He was father of
the late Hon. William M. Corry, who was an attorney
of brilliant talents and a fine orator.
Mr. Hotchkiss was a practitioner of much
reputation, a portly man of distinguished appearance, who
also became Mayor after Cincinnati received a city charter.
Mr. Guilford had some repute as a lawyer,
but was better known in journalism and education, and as a
promoter of public enterprises.
Mr. Roe, besides being a lawyer, was
occasionally preacher to the Swedenborgian or New Jerusalem
church, then worshiping on Longworth street.
Mr. Pendleton came at a very early day
from Virginia, and in due time married a daughter of
Jesse Hunt, the citizen who gave to the county
the lots upon which the
[Pg. 314] -
present court house is situated. He was a very
reputable practitioner, and became prosecuting attorney.
He was a successful candidate for Congress on the Whig
ticket in 1840, defeating Dr. Alexander Duncan.
A strong resemblance in personal appearance was noticed
between him and Thomas Corwin, on account of
his swarthy complexion. He was a thoroughly polite
gentleman, and a worthy progenitor of the distinguished
Cincinnatians of that family name.
Judge
Storer came from Maine in 1817, and had a highly
successful career in this part of the west. Mr.
Mansfield says “he had a remarkably quick and sprightly
mind; also a certain species of humorous wit.” In 1825
he was generally taken to be one of the two dozen or more
editors of the Crists and Emporium newspaper, published by
Samuel J. Browne. In 1832 he was elected to
Congress as a Whig, over Robert T. Lytle, the
Jacksonian candidate. His title was derived from his
judgeship in the new Superior Court of Cincinnati, created
in 1854, which post he filled very ably. He was a
learned and eloquent advocate, and a very popular man in the
community. His services to education here will also be
long and gratefully remembered.
Mr. Benharn
was one of the most remarkable characters at the early Bar.
He was father of Mrs. George D. Prentice.
Mr. Mansfield says he was “an orator, and few men were
more imperial in power and manner.” He makes a figure
of this kind in the Satires of Horace in Cincinnati
With person of gigantic size,
With thundering voice and piercing eyes,
When great Stentorius deigns to rise,
Adjacent crowds assemble,
To hear a sage the laws expound
In language strange, by reasoning sound,
Till, though not yet guilty found,
The culprits fear and tremble. |
Mr.
Benham died somewhat early for his best fame and
usefulness. Judge Carter, to whose
entertaining book on the Old Court-house we are indebted for
the material of most of the above notices, has this to say
of him:
The
great and convivial Joseph Benham I am
reminded of—an eloquent advocate and an able lawyer.
He was a large and portly man, standing near six feet in his
shoes, with large head and dark auburn flowing hair, broad
shoulders, and capacious and "unbounded stomach," covered by
a large buff vest and a brown broadcloth frock coat over it,
and with a graceful and easy position and delivery.
Before a jury he was indeed a picture to look upon.
His voice was a deep basso, but melodious, and its ringing
tones will never be forgotten by those who ever heard
him. He sometimes spoke on politics out of the bar, in
the open air, to his Whig friends and partisans; and then he
was always able and eloquent. He was also, I think, an
editor of a Whig paper once; but it was at the bar he mostly
distinguished himself. He was a Southerner, and had
all the manners of the South of the days of yore.
.
. . . On the occasion of the visit of General
Lafayette to Cincinnati in the month of May, in the year
1825, Joseph S. Benham was selected by the citizens
to deliver the address of welcome to the great
American-French man and French-Amerlcan; and well,
exceedingly well, did he perform his part of the great
ovation to the immortal Lafayette. It was upon the old
court house grounds that Benham's great oration to
Lafayette was pronounced before the most numerous concourse
of people—men, women, and children—of this city and State,
and from all parts of the west; and it was pronounced by the
multitude, with one accord, that the tribute of genuine
eloquence to Lafayette was great and grand, and fully
entitled Lawyer Benham to be enrolled among
the chief orators of the land. The occasion was
certainly a memorable one, and his selection to the position
of orator of the occasion manifests to us in what eminent
esteem the eloquence of Benham was held in those
early days. He was of national repute as a lawyer.
TORRENCE.
At this time the
president-judge of the court of common pleas was the Hon.
George P. Torrence, who had as associates under the old
system Messrs. Othniel Looker, John
Cleves Short, and James Silvers—these
gentlemen not being necessarily lawyers. Of Judge
Torrence many pleasant things are related. The
History of Clermont county, published a few months ago, says
of him:
From
1820 to 1822 the dignified and popular George P. Torrence,
of Cincinnati, presided with a courtly grace and dignity
unequalled, his imposing presence lending charm to his
descisions . . . In 1826 the
dignified and popular George P. Torrence ascended the
woolsack and sat as judge for the seven following years; and
many of Clermont's older people remember with pride his
pleasant stories at the hotel when court had adjourned, and
his apt way of making and retaining friends.
The following
notice of another well-known judge, from the same work, may
as well be given here:
In 1833 John M.
Goodenow presided—a clear-headed jurist from Cincinnati,
to which place he had moved some two years previous from
Jefferson county . . .
He made a splendid judge, and for many years was a
leading attorney, and one of the best advocates in Hamilton
county.
THE ROSTER OF EIGHTEEN HUNDRED AND
TWENTY-FIVE
Joseph S. Benham,
David K. Este,
Wm. H. Harrison, sen.,
Nicholas Longworth,
Benjamin M. Piatt,
David Shepherd,
Daniel Roe, |
William Corry,
James W. Gazlay,
Nathan Guilford,
Nathaniel G. Pendleton,
Hugh McDougal,
Bellamy Storer,
David Wade, and
Nathaniel Wright. |
The new names of
1826 were -
William
Brackenridge,
Edward L. Drake,
Charles Fox,
E. S. Haines,
Elijah Hayward,
John Henderson,
Samuel Lewis,
Jacob Madeira,
Jacob Wykoff Piatt,
Arthur St. Clair,
Daniel Van Matre,
Isaiah Wing, and |
Moses Brooks,
Samuel Findlay,
William Greene,
Charles Hammond,
Wm. H. Harrison, jr.,
Jesse Kimball,
J. S. Lytle,
Samuel R. Miller,
Benjamin F. Powers,
Dan Stone,
Elmore W. Williams,
John G. Worthington. |
In 1826, by act of
the Legislature, attorneys and counsellors-at-law were
subjected to a tax of five dollars apiece. This was
the occasion of a docket entry in the Court of Common Pleas
for Hamilton county, Feb. 20, 1827, which includes the
following list of attorneys as then at the bar of the
county. This list numbers but thirty-two. Some
names in the roll of 1825 are not here; and one new name,
that of Mr. D. J. Caswell, appears:
David K. Este, Bellamy Storer, Joseph S. Benham,
Nathaniel Wright, David Wade, William Greene,
William Corry, Charles Hammond, Samuel R. Miller, Nicholas
Longworth, Thomas Hammond, Samuel Lewis, Dan Stone,
Charles Fox, Elijah Hayward, Jesse Kimball, John S.
Lytle, J. W. Piatt, N. G. Pendleton, E. S. Haines,
[Pg. 315] -
J. G, Worthington , W. H. Harrison, jr. ,
Samuel Findlay. Moses Brooks, J. Madeira, Daniel Van
Matre, Isaiah Wing, Nathan Guilford, Benjamin F. Powers,
James W. Gazlay, D. J. Caswell, Hugh McDougal.
Republishing this
record in his Miscellany in 1844, Mr. Cist is moved
to say:
What
changes have seventeen years brought in the list~ Of
the attorneys, Este, Longworth, Lewis, and
Pendleton have retired from professional business.
Stone, Hayward, and Powers have removed from
Cincinnati; Brooks, Wing, and Guilford
have changed their profession, and, with the exception of
the ten in italics, who still survive, the residue are no
longer living.
Some remarkable men
were in the lists of 1825 and ’27. We shall give
sketches of two or three of the most prominent:
JUDGE FOX.
The name of
Charles Fox, the Nestor of the Cincinnati bar,
appears for the first time in the catalogue of attorneys in
the city directory in that of 1825. He had then been
admitted to the bar for two years. He came to the
Queen City—an Englishman born, and already in this country
some years—about 1820, and labored as a carpenter here for a
time. He was also a singing-master, and had
considerable knowledge and talent in other department of
thought and work. He studied law, was admitted, and
soon formed an honorable and profitable partnership with
Bellamy Storer, under the firm name of Storer
& Fox, which lasted a long time and did a large
business. Judge Carter says:
Perhaps there was, and now is, no lawyer who has had and has
attended to more law business than Charley Fox, as he
used to be so familiarly called. I remember the time
when he used to be on one side or the other of every
important case in court, and he was always regarded by his
brethren of the bar "as a wide-awake and sometimes
formidable adversary. His extended experience made him
most learned in the law, and particularly in its practice;
and he used to be sought for, for advice and counsel, in
many questions of law practice, and the judges of the bench
were in the habit frequently of interrogating lawyer Fox
as to what was the true and right practice in given cases.
Mr. Fox
became one of the judges of the local courts, and served
ably and faithfully. He is still in practice,
notwithstanding he passed his eighty-third year Nov. 11,
1880.
CHARLES HAMMOND.
One of the strong
men then at the bar here—strong in law as in journalism and
everything else he undertook — was Mr. Hammond.
He came to the town in 1822
from St. Clairsville, Belmont county, as a full-fledged
practitioner, and the next year was made reporter for the
supreme court, when that office was created. He
retained
it until 1838, publishing the first nine volumes of the Ohio
Reports, when he retired from the bar. He had already gone
into journalism, and finally became absorbed
in it, and was totally lost to the legal profession.
We again take pleasure in referring to Judge
Carter for reminiscences of him:
In
this city he became both lawyer and editor, and he was
excellent as each, or both. He practiced law for a dozen
years, perhaps; and then, in the increase of our city and
the duties and labors of his newspaper, he relinquished the
practice and devoted himself to it alone. He had wit
and humor in himself, and was sometimes the occasion of them
in others. My friend Mr. Robert
Buchanan, of this city, told me this good one of him.
Hammond had an important case once in court for him
as client and as president of the Commercial bank, the only
bank then in the city. The case was a quo warranto
against Mr. Buchanan, to find out by what
authority he was exercising the functions of president and
director of the bank. Mr. Hammond told
Mr. Buchanan that the law was against him, but
he would see what could be done. "You," said Mr.
Hammond, "need not appear in court." Mr.
Buchanan did not appear, but went "a-fishin'."
Case came on, but no Mr. Buchanan present.
Hammond moved for a postponement vociferously, but
not with purpose to accomplish it particularly—he knew what
he was about—on account of absence of Buchanan.
Opposite counsel, not perceiving the cat in the meal,
insisted, as Hammond thought he would, on immediate
trial, and gained his point. Trial was had; "and now,"
said Mr. Hammond to adversary counsel, “bring
forward your witnesses." He did bring them forward,
and proved all he could; but as there was no one except
Mr. Buchanan himself to prove the corpzis delicti,
and he was absent, of course the quo warranto proceeding was
thrown out of court, as it ought to have been, being, as it
seemed, a piece of spite-work upon the part of some men
interested against Mr. Buchanan.
After the success, client met Mr. Hammond,
his lawyer, to pay his fee. " How much?" “Fifty dollars; but
I gained the case by a little pettifogging, which I didn't
like at all." Mr. Bnchanan handed his
lawyer a check for one hundred dollars, and Hammond
taking it and looking at it, exclaimed; " What is all this
for?" Buchanan replied: "For yourself and
your partner, the pettifogger.” Hammond, laughing and
taking the check: " I shall dissolve with that scamp,
and have nothing more to do with him hereafter.”
The following
anecdote, among others, is related of him by Mr. Roswell
Marsh, of Steubenville, who prepared and published a
pamphlet memoir of Mr. Hammond:
About a year before his death, after he had relinquished
legal business, two men called upon him to get his opinion
on a case. As a favor to his son-in-law he granted
them an interview. When they were seated he turned
from his writing-table, raised his glasses on his forehead,
and requested them to state their case. It was this:
An honest old farmer in Indiana had loaded a flat-boat
on the Wabash with produce for New Orleans, and had effected
an insurance on the boat and cargo for seven hundred
dollars. The boat and cargo had been wrecked and
totally lost in descending the Wabash, and the owner had
nearly lost his life in strenuous efforts to save his
property. It was his all, and reduced him to poverty.
He had a family to support, and they must suffer if the
insurance was not paid. But the terms of the policy
required the owner, in case of loss, to make a protest.
This, from oversight or ignorance, the old man had not done,
The question propounded to Mr. Hammond, on
behalf of the insurance company, was whether the company
would be justified in paying the money. During the
statement tears were observed on Mr. Hammond's
cheeks. When they had concluded, he asked
somewhat
sharply if they came to him for his opinion expecting to put
money in their pockets. This was admitted reluctantly.
He then required a fee of twenty dollars, which was paid.
Turning to his son-in-law, he said:
“Take this money and send it to the orphan asylum." Turning
again to the gentlemen, he said: "From your account the man
has acted the honest part. My advice is that you go
home and do likewise.”
Mr.
Hammond made a very notable plea in the case of Osburn
et al. vs. United States Bank, which is reported in 9
Wheaton, 738. Hammond was against the bank, and his argument
was made before the supreme court of the United States, of
which Marshall - was then chief justice. Referring to
it, Judge Marshall said that “he had produced
in the case the most remarkable paper placed on file in any
court since the days of Lord Mansfield,” and
that he had almost persuaded him (Marshall) that
wrong was right in this case.
BENJAMIN
F. POWERS.
was a brother of Hiram Powers
the sculptor. He began practice hopefully, but was
soon diverted into journalism as a co-proprietor and
principal editor of the Liberty Hall and Cincinnati Gazette,
winning far more distinction from his connection with the
press than with the bar.
[Pg. 316] -
WILLIAM
GREENE
was born in Rhode Island in 1823 or 1824.
He was an able and learned man, and did a large business.
He became somewhat noted for his numerous opinions on points
of constitutional law, and was often called "Constitutional
Billy Greene." Once or twice he was a candidate for
Congress, but unsuccessfully.
E. D.
MANSFIELD,
himself educated in part at the Litchfield
Law school, then kept by Professors Reeve and Gould,
undertook the practice of law in Cincinnati during most of
the years between 1825 and 1836, when for two academic years
he filled the chair of constitutional law and history in the
Cincinnati college. Law and literature, in his case at
least, did not thrive well together; and he never made a
great figure at the bar. In his book of Personal
Memories he says of the associates of his earlier
professional career that they numbered not more than forty,
of whom three or four were retired from practice. But,
he says, “in this small body were several men of mark and
influence— men of mind, weight, and character—some of them
had influence upon the nation.” Jacob Burnet
was then reckoned at the head of the local bar.
BENJAMIN
DRAKE,
brother of the celebrated Dr. Daniel
Drake, and associate of Mr. Mansfield in
the preparation of Drake and Mansfield’s
little book on Cincinnati in 1826, began the study of the
law in his nineteenth year, at the old home in Mayslick,
Kentucky, whence he came to Cincinnati to take a place in
the drug store of his brother. He finished his
preliminary studies about 1825, and began practice with
William R. Moses. The firm did a good business, in
which young Drake bore a full part, though much
engaged in journalism and general literature, until his
untimely death in April, 1841, after a long and painful
sickness.
A NEWSPAPER NOTICE.
An interesting
little editorial article, in regard to the bar and its
business, appeared in the Saturday Evening Chronicle of July
9, 1827, from the pen of Moses Brooks, esq.,
who was himself lawyer as well as editor. It runs as
follows:
At the late term of
the supreme court of Ohio for Hamilton county, there were
one hundred and sixty cases on the docket. There are
at the bar in Cincinnati forty lawyers. Supposing the
business in the supreme court to be equally divided among
this number, it would give to each four oases. If
there be any truth in the old adage that legal business is
just in proportion to the number of lawyers, it would seem
that those in our city have but little talent or else a
great deal of honesty among them. For ourselves, we
are disposed to refer the slender docket to the latter
cause. One fact, illustrative of the peculiar
advantages which Cincinnati possesses, may be drawn from the
following statement. We refer to the extreme cheapness
of subsistence in this place. Most of the lawyers of
our city present an embonpoint by no means corresponding
with their docket. Other members of the legal
profession who may contemplate an immigration to Cincinnati
need not, therefore, be discouraged. There is little
danger of starvation if they have but three or four suits in
the supreme court in each year.
Mr.
Mansfield, in his Personal Memories, says of the
Cincinnati bar of this period: “In no larger number than
forty, it certainly had as large a proportion of gifted and
remarkable men as perhaps ever adorned a similar body.”
Among them proved to be some remarkable examples of
longevity, as no less than eight were living fifty years
afterwards. There were then surviving four out of a
dozen members of a little society of attorneys formed in
1825 for mutual improvement.
SIX YEARS LATER.
By 1831, with the rapid growth of the city
in population and business, the number of lawyers had also
largely increased. The following named are mentioned
in the directory of that year:
Jacob and Isaac G. Burnet, David K. Este, Nicholas Longworth,
William Corry, Joseph S. Benham, B. Ames, James W. Gazlay,
Nathaniel Wright, Samuel Lewis, Daniel J. Caswell, Henry
Starr, Benjamin Drake, William R. Morris, John G.
Worthington, Benjamin F. Powers, Daniel Van Matre, E. S.
Haines, David Wade, Charles Hammond, Jeptha D. Garrard,
Bellamy Storer, Charles Fox, Moses Brooks, Hugh Peters, J.
Southgate, J. Lytle, B. J. Fessenden, Vachel Worthington,
Thomas Longworth, James F. Conover, Thomas J. Strait, S. P.
Chase, D. H. Hawes, Thomas Morehead, Robert T. Lytle, R.
Hodges, Jesse Kimball, N. Riddle, J. W. Piatt, H. Hall, B.
E. Bliss, Daniel Stone, H. S. Kile, S. Y. Atlee, F. W.
Thomas, Isaiah Wing, William Greene, Talbot Jones, Stephen
Fales, N. G. Pendleton, E. Woodruff, H. E. Spencer, H. P.
Gaines, S. Findlay, Henry Orne.
Judge
Carter adds the names of Judges John M. Goodenow
and Timothy Walker. These make, with the
others, fifty-eight—an increase of nineteen upon the roll of
1825. But four of them were known here to be living in
1880— Judge Fox, residing in Cincinnati, and
still practing; Judge Woodruff
and Henry E. Spencer, also in the city, but retire
JUDGE CHASE.
In the spring of 1830 young Salmon P. Chase
made his advent in Cincinnati, from Washington, where he had
kept a classical school for boys. He began a
profitable practice at once, and by and by published his
edition of the statutes of Ohio, which gave him wide repute
and brought him a large practice. In 1834 he became
solicitor of the Branch Bank of the United States, and soon
after of another city bank, which proved to be lucrative
connections. In 1837 he added materially to his fame
by his eloquent and able defense of a colored woman, claimed
as a slave under the Fugitive law of 1793. The same
year he made a famous argument in behalf of James G.
Birney, editor of the Philanthropist, for harboring a
runaway slave. His strong anti-slavery bent early took
him into politics, and his subsequent career as governor.
United States senator, secretary of the treasury, and chief
justice of the Federal supreme court, is well known to the
world.
JUDGE WALKER
came about 1831, married fortunately, and
soon won name, fame and money. Judge Carter
has some pleasant things to say of his old preceptor:
He was a most worthy man and a most
worthy lawyer. He had not genius, however; he had
abundance of talent, and chiefly of acquirement. He
was learned in the law and out of the law. He could
deliver a good lecture and a good speech anywhere and almost
on any topic, if you would give him time for his own
preparation. He was the author of Walker's
Introduction to American Law, one of the best of law books
for the legal studies of American law students. He
served as presiding judge of our old court of common pleas
for a time, by appointment of the governor; and in every
relation of life, public or private, he was a gentleman and
a scholar. He was full of
[Pg. 317] -
good points intellectually, and good parts
generally. He never reached political distinction—he
never sought it. He was not ambitious; he was,
perhaps, aspiring. He will always be well remembered
by those who knew him
HAWES AND
STRAIT
Daniel H. Hawes,
a practitioner here between 1827 and 1834, made a beginning
in business as a peddler of cakes, which he pushed about in
a wheelbarrow. After his admission he obtained a
partnership with Thomas J. Strait, and the firm
commanded a large business. In 1832 he was chosen to
represent the county in the legislature, though his opponent
was the renowned but sometimes defeated General
Harrison.
Mr. Strait was a country schoolmaster in
Miami township before removing to Cincinnati, where he
became a quite prominent attorney. He also, like most
lawyers, went into politics, and was once an unsuccessful
candidate for congress. He removed finally to
Mississippi, and died there.
JOHN M.
GOODENOW
came to Cincinnati very early, from
Steubenville. In February, 1832, he was elected judge
of the common pleas court, over Judge Turner.
THE WRIGHTS
Crafts J.
Wright, now of Wright’s Grove, near Chicago, came
with Judge Goodenow, but shortly went into
partnership with Charles Hammond, and in 1836
transferred his association to Judge Fox, whom
he left after a time to take a place on the Daily Gazette.
He was in this a partner with Mr. Hamilton,
with whom he was very intimate, and was afterwards president
of the Gazette company.
Judge John C. Wright, who had been a judge of
the supreme court, and member of congress from the
Steubenville district, came about 1834, and entered into
partnership with Timothy Walker. He
succeeded Hammond as editor of the Gazette,
and was known as one of General Harrison’s
“conscience-keepers”—that little body of Harrison’s
friends who took it upon themselves to see that he should
say or write nothing indiscreet while the presidential
canvass was pending. He was also the author of
Wright’s series of the Supreme Court Reports.
Crafts J. Wright was his son, and another son,
Benjamin T. Wright, came with him, and proved a
successful young lawyer, but died prematurely.
JAMES H.
PERKINS
One of the lawyers
of the middle period here was Mr. Perkins.
He, however, remained but a short time in the profession.
Coming from Boston in February, 1832, he entered the office
of Judge Walker, and was admitted in 1834.
The next year he undertook a manufacturing enterprise at
Pomeroy, in this State, but abandoned it in a year or two,
and returned to Cincinnati in the autumn of 1837. He
soon got into journalism, was for a year or two editor of
the Chronicle, and then became minister of the Unitarian
church, where, and as a literary man, he made much
reputation. One of his little fugitive pieces in the
Chronicle, entitled “The Hole in My Pocket,” is believed to
have been copied in nearly every newspaper than existing in
the country. He was compiler of the large octavo
volume known as the Annals of the West, which is still
greatly esteemed as furnishing the materials of history.
For years he was also a sort of city missionary in
Cincinnati, and was of great service to the sick and poor.
Mr. Perkins died comparatively young, and his loss
was very much regretted. His death occurred Dec. 14,
1849.
SUNDRY NOTICES
Vachel
Worthington immigrated from
Kentucky at some time before 1831, and gained some eminence
at the bar for industry, learning, and ability. He was
strictly a lawyer, decling to be drawn aside into politics
or literature, and. giving the most careful attention to his
business, in which he naturally succeeded very handsomely.
About the same time came Henry Starr
Easton, an old man when he
began practice here, but a fair lawyer, who soon made his
way into practice.
In 1830 came Frederick W. Thomas,
a young attorney from Baltimore. He was devoted mainly
to literature and educational matters, and practiced quite
irregularly. He lived in Washington between 1841 and
1850, and afterwards served in Cincinnati for some time as a
Methodist preacher. He died here in 1867.
Henry E. Spencer was a son
of Oliver M. Spencer, and grandson of Colonel
Spencer, of the Columbia pioneers. He was mayor of
the city for a number of years, and then president of the
Fireman’s Insurance company. His brother, Oliver M.
Spencer, jr., was also an attorney at the Hamilton
county bar.
Harvey Hall was the
compiler and publisher of the Directory of 1825, the second
published in the city. He prepared it with great care,
and carried the same assiduity and patience into his
subsequent practice of law, in which he achieved much
success. An interesting relic of his residence is a
three-story brick building, remarkable for its very small
windows, which is still standing on Eighth street, near
Main.
Edward
Woodruff, son of
Archibald Woodruff, one of the pioneers, was in his day
judge of the probate and common pleas courts. He is
still living, but altogether retired from practice.
Thomas Longworth, a cousin
of Nicholas, was much respected as both lawyer and
citizen, but did not remain permanently in practice.
Thomas Morehead shared the
good Scotch blood of his brothers, Dr. John and Robert
Morehead, and was accounted a good lawyer.
James F. Conover, although
a lawyer, was better known as a politician and as editor of
The Daily Whig. He is remembered by the veterans of
the bar as a scholar and a gentleman.
1831-49.
Judge Carter,
in his book of Reminiscences of the Old Court-house, has
taken pains to collect the names of the large number of
practitioners in Cincinnati during about eighteen years
after the publication of the last roll we have copied—that
of 1831. This list, evidently carefully prepared, is
as follows:
[Pg. 318] -
(SHARON WICK'S NOTE:
The following names have been alphabetized for easier
searching.)
George W. Allen,
Charles Anderson,
Larz Anderson,
John W. Applegate,
Edward R. Badger,
Flamen Ball,
William C. Barr,
Thomas Bassford,
Joshua H. Bates,
C. P. Baymiller,
Rufus Beach,
William Bebb,
Calhoun Benham,
William G. Birney,
C. P. Bishop,
J. Blackburn,
Charles Bohne,
D. V. Bradford,
Henry B. Brown,
Charles D. Brush,
A. L. Brigham,
Charles H. Brough,
ohn Brough,
Peter Bell,
Augustus Brown,
James S. Brown,
Charles S. Bryant,
Jacob Burnet, jr.,
F. C. Bocking,
William K. Bond,
James Boyle,
W. E. Bradbury,
L. B. Bruen,
James Burt,
John W. Caldwell,
William B. Caldwell,
Louis Carneal,
S. S. Carpenter,
S. C. Carroll,
A. G. W. Carter,
Samuel F. Cary,
Frank Chambers,
Manley Chapin,
Stephen Clark,
Jacob H. Clemmer,
Charles D. Coffin,
Isaac C. Collins,
J. J. Collins,
John Collins,
Patrick Collins,
Frederick Colton,
Matthew Comstock,
A. D. Coombs,
Martin Coombs,
John P. Cornell,
Richard M. Corwine,
Joseph Cox,
Samuel S. Cox,
Edward P. Cranch,
Jacob T. Crapsey,
William Cunningham,
Newman Cutter,
Robert S. Dean,
C. F. Dempsey,
Doddridge & Ramsey,
Thomas B. Drinker,
Aaron R. Dutton,
Samuel Eels,
James H. Ewing,
James J. Faian,
E. A. Ferguson,
Jacob Flinn,
William T. Forest, |
J. G. Forman,
William W. Fosdick,
Fisher A. Foster,
John Frazer,
ra D. French,
Jozaf Freon,
Henry Gaines,
Thomas J. Gallagher,
Stephen Gano,
J. H. Getzendanner,
Joseph G. Gibbons,
W. E. Gilmore,
C. W. Gilmore,
Joseph R. Gitchell,
Claiborne A. Glass,
William Y. Gohlson,
Henry H. Goodman,
Charles W. Grames,
William S. Groesbeck,
Herman Groesbeck,
John H. Groesbeck,
John M. Guitteau,
Benjamin F. Gurley,
Abraham E. Gwynne,
Llewellyn Gwynne,
Thomas Hair,
Robert S. Hamilton,
Robert D. Handy,
Albert S. Hanks,
Edward Harrington,
John W. Herron,
Samuel M. Hart,
Thomas J. Henderson,
George H. Hilton,
George Hoadly, jr.,
Adam Hodge,
Joseph Howard,
Samuel F. Howe,
John F. Hoy,
David P. Hull,
Stephen Hulse,
Samuel W. Irwin,
Charles P. James,
John Kebler,
David P. Jenkins,
William Johnson,
John Joliffe,
Jeremiah Jones,
John H. Jones,
Talbot Jones,
Edward Kenna,
Thomas M. Key,
Edward King,
Rufus King,
David Lamb,
J. J. Layman;
Frederick D. Lincoln,
Timothy D. Lincoln,
Othniel Looker,
Loomis,
Oliver S. Lovell,
William M. McCarty,
William M. McCormick,
Joseph McDougal,
Patrick McGroarty,
Alexander H. McGuffey,
Milton McLean,
Nathaniel McLean,
Andrew McMicken,
Patrick Mallon,
Edward D. Mansfield,
James F. Meline,
Abijah Miller, |
F. W. Miller,
William P. Miller,
John L. Miner,
O. M. Mitchel,
Alex. M. Mitchell,
Thomas G. Mitchell,
A. Monroe,
J. B. Moorman,
Thomas Morris,
Henry Morse,
C. C. Murdock,
Eli P. Norton,
Cyrus Olney,
A. F. Pack,
John L. Pendery,
George H. Pendleton,
George C. Perry,
William Phillips, jr.,
Donn Piatt,
Charles C. Pierce,
Charles S. Pomeroy,
Thomas Powell,
T. O. Prescott,
Andrew J. Pruden,
George E. Pugh,
Jordan A. Pugh,
David Quinn,
William Rankin,
Nelson B. Rariden,
James B. Ray,
Raymond & Dumhoff,
Nathaniel C. Read,
Eben B. Reeder,
E. L. Rice,
A. Ridgely,
James Riley,
Henry Roedter,
Edward C. Roll,
R. W. Russel,
James W. Ryland,
John L. Scott,
James W. Shields,
Joseph S. Singer,
H. H. Smith,
Thomas C. H. Smith,
Henry Snow,
Oliver M. Spencer,
Steele,
John Stille,
Richard H. Stone,
John M. Stuart,
Peter J. Sullivan,
Alphonso Taft,
James W. Taylor,
Charles L. Telford,
William C. Thorpe,
Asa H. Townley,
Alexander Van Hamm
Washington Van Hamm,
Robert B. Warden,
Thomas C. Ware,
John B. Warren,
William H. Williams,
M. T. Williamson,
J. M. Wilson,
Mason Wilson,
George W. Woodbury,
Truman Woodruff,
Crafts J. Wright,
John C. Wright,
S. T. Wylie,
Peter Zinn, |
About fifty of all
this large number, the judge thinks, were still alive in
1880; and of the survivors many have turned their attention
to other pursuits.
Speaking of the court house and bar of the second
generation in Cincinnati, Mr. Scarborough says in his
Historical
Address:
The bar numbered not less than one hundred and
twenty-five members. The location of the court house
was then more inconvenient even than it is now. Some
few of the law offices were, as at present, in its
neighborhood; but the most of them were on Third street,
between Sycamore and Walnut streets, while several were to
the south of Pearl street, on Main, Columbia [Second], and
Front streets. The offices of Slorer &
Gwynne and Charles Fox were of this
number, the former being on the west side of Main, about
half way from Pearl to Second street, and the latter on the
southeast corner of Main and Columbia streets. The
office of T. D. Lincoln, afterwards Lincoln,
Smith & Warnock, was a little to the east, on
Columbia street, where it remained until about 1865.
The lawyers of that time who had their offices near the
court house were not all book men, and no one of them had
any considerable library. Necessarily, the books then
used in court were carried from day to day to and from the
court house and the down town offices. “To tote” is an
active verb, and generally believed to be not of purely
classic origin. The lawyers of that day, as well as
the court messengers, came to know its signification in the
most practical way. The green satchel was used by
every lawyer, and was almost as essential to him as the ear
of the court. Nevertheless, it is well remembered that
in all sharply contested trials, prominent features were
delays while authorities were sent for, and statement and
altercation as to cases cited and not produced in court.
The bar at that time was conspicuous for its ability—Judge
Burnet, Judge Wright, Nathaniel Wright, and Henry
Starr had retired, or were about retiring, from
practice. Judge Este had just left the bench of
the old superior court, and Judge Coffin had become
his successor. The late Chief Justice Chase, Judges
T. Walker, O. M. Spencer, W. Y. Gholson, and Bellamy
Storer, and T. J. Strait, not to make mention of
their compeers yet living, were then active members of the
bar in full practice.
Scarcely less brilliant or richly gifted were the
younger members of the bar. Some are still with us,
among the leaders of to-day; others, as B. B. Fessenden,
Jordan A. Pugh, C. L. Telford, A. E. Gwynne, and T.
M. Key, are deceased.
But among the more notable members of the bar were two not
yet mentioned— William R. Morris and Daniel Van
Matre. Visitors to the court rooms of that day
rarely failed, in the morning hour, to find them there, or
to be attracted and favorably impressed by their deportment
and marked, though dissimilar peculiarities. Morris
was a man of energy and push, of high spirit and great manly
beauty. Van Matre was thoroughly genial,
singularly quiet and unobtrusive, and guileless as a child.
Withal he was cultured, and unusually exact and painstaking
in the fulfillment of his purposes. They were both
good lawyers, and alike cherished their profession, and
desired to do whatever they could to ennoble it.
THE
ANDERSON BROTHERS.
Judge Carter
gives the following appreciative notice of these gentlemen:
Lawyer Larz Anderson belonged to the bar of the
old court-house, but, having married a daughter of the
millionaire, Nicholas Longworth, he gave
little or no attention to law except as it concerned the
affairs of Mr. Longworth's large estate.
Larz Anderson was a good lawyer, however, and
a polished gentleman, and was much liked by the old members
of the bar. His brother Charles, whom I knew as
a fellow student at Miami University, became quite a
distinguished lawyer as well as a polished gentleman, and
also became of some account in politics, and was once
elected by the people of Ohio as their lieutenant governor.
They were both Kentuckians, but came to this city in young
age, and settled permanently among us. Charles
was much given to the drama, and at a great benefit for the
poor of Cincinnati, in the month of February, 1855, he
appeared in the character of Hamlet, enacting the scenes of
the third act. This was at the old National theatre of
this city. Some ten years after this, at another
benefit for the poor, given at Pike's opera house, he
enacted the whole of Hamlet, with great approbation and
eclat. So that it was well said of him, he was as fit
for the winsome walks of the drama as he was for the
perilous paths of the law. In either capacity, as
lawyer or actor, he acted well his part and there the honor
laid; and it used to be said of him, he was a first-rate
actor in both professions—law and the drama—notwithstanding
an indignant adversary advocate in court once directly
pointed at him before the court and jury, and proclaimed, by
way of manifesting some contempt for the way he managed his
cause, “Lo! the poor actor!” But Charles Anderson was
a good lawyer as well as good actor, and a gentleman in
every sense of the term.
TELFORD.
One of the
ornaments of the local bar, for a short time in the middle
period, was Charles L. Telford. He was a
superior young man—“in no way a common person,” writes
Mr. E. D. Mansfield; “he had uncommon talents, both of
nature and self-culture, tall, erect, with dark hair and
clear, dark eyes, his carriage was manly, dignified, and
commanding. In this respect he was one of a few whom
nature has formed not to be reduced to the ordi-
[Pg. 319] -
nary level by the want of gravity and dignity.” He was
graduated at Miami University, and became professor of
rhetoric and belles lettres in Cincinnati college, upon the
re-organization of its literary department in 1835.
While performing the duties of his chair he read law, was
admitted to the bar and to a partnership with William S.
Groesbeck, obtained a good practice, and about 1847-8,
with Mr. Groesbeck, became a professor in the Law
school. He died comparatively young, however, the fell
destroyer, consumption, claiming him for its own.
FOSDICK.
Judge Carter
gives the following little sketch of Fosdick, the
lawyer-poet:
The Western poet,
William W. Fosdick, was a lawyer and a member of the
bar of the old court-house in its later days. Given to
poets and poetry as he was, he was not very much given to
the law, but he was quite capable, though he never practiced
the law a great deal. He was a good-souled, jovial
fellow, and full of wit and humor, and was always a
companion. He was very fond of puns from others and of
punning himself. He was a punster, and stirred up a
great many puns, and often in company he became the very
life of it. A coterie of lawyers were one day engaged
in the old court-room of the old court-house discussing the
Mexican war, when Fosdick was asked his opinion and
expression. He readily replied: "Gentlemen, I can
easily express my sentiments in a single poetic line from
Addison's Cato. It may be a new reading, but them 's
my sentiments: ‘ My voice is still—for war !’"
HODGE.
Again from
the Old Court House:
Adam Hodge, as a lawyer, had very
few superiors among the young members of the old bar.
He was distinguished for learning and legal sharpness and
acumen, and was very successful in his practice. He
was a tall, thin, spare man, long arms and long legs and
long body, and long but very agreeable and pleasant face,
which, when he was arguing a case at bar, lit up with
peculiar, fascinating illumination; and his eloquence
attracted all his listeners, who were pleased with his use
of language and his mellow bass and tenor tones of voice.
Adam also had wit and humor in him, and frequent
sallies issued forth from his brain, with the applause of
his auditory and to the discomfiture of his adversary.
He was a clever gentleman and a clever lawyer, and no one
who had the pleasure of knowing will soon forget him.
He was engaged in the defence of many prisoners in the
criminal department of the court; and he seemed to love to
defend such, and would gloat with positive delight whenever
he succeeded in getting any defendant acquitted.
ZINN.
One of the most
remarkable men of the bar of the old court house, and
mentioned in Judge Carter’s list, died Nov.
17, 1880, at his home in Riverside, of tetanus or lock-jaw,
induced by a surgical operation. Peter Zinn
was born in Franklin county Feb. 23, 1819, and came to
Cincinnati in 1837 as a journeyman printer; published the
Daily News in 1839; read law with Judge Storer
and William M. Corry, and was admitted in 1849;
became a partner with Charles H. Brough, then with
John Brough, and with Judge Alexander Paddack;
represented a city district in the State legislature 1851-2,
and again in 1861; was major in the Fifty-fifth Ohio
volunteer infantry, rendered signal service during the
“siege of Cincinnati,” and was then appointed to command
Camp Chase; after the war obtained distinction as a lawyer,
especially in conducting for the plaintiff the celebrated
case of the Covington & Lexington railroad
(now Kentucky Central), against R. B. Bowler’s heirs
el al., and author of Zinn’s Leading Cases on Trusts;
retired from the bar a few years ago, to give attention to
his extensive rolling-mill in Riverside and other private
interests; and there ended his active and successful career.
THE KINGS.
The Hon. Rufus
King, of New York, is well known in American history as
a distinguished minister of the United States Government at
the Court of St. James, a United States Senator, and
candidate of the Federal party for the Presidency in 1804,
1808, and 1816. Edward King, his fourth son,
was born at Albany, Mar. 13, 1795, and came to Ohio twenty
years afterward, making his home first in Chillicothe, then
the capital of the State. He had followed his
graduation at Columbia college with a course at the
celebrated Litchfield Law school, was admitted to practice
the year after his removal to Ohio, and by his talents and
popular qualities soon acquired a large practice. At
Chillicothe he married Sarah, the second daughter of
Governor Thomas Worthington. Returning to
Cincinnati in 1831, he practiced here with eminent success
until his death, Feb. 6, 1836. His most notable
association here was with the Cincinnati Law school, which
he helped to found in 1833; and when the college was
re-established two years afterwards, he was selected by the
trustees to fill the chair of the law department, which his
failing health compelled him to decline. He had been
attacked the previous October with dropsical disease, and
had taken a southern trip for it, but without material
benefit. He returned much discouraged, unable to
resume his business, and grew rapidly more feeble until
death relieved him. While in Chillicothe he was four
times elected a representative to the legislature from Ross
county, and during two of his terms served the house as
speaker. Colonel Gilmore, of the Chillicothe
bar, in a notice of Mr. King in the History of
Ross and Highland Counties, says:
There was a great
deal to admire in Edward King's abilities, and
a great deal to love in his character. He was quick
and acute in perception, of active and vivid imagination,
abounding in good-natured wit, was fluent and pleasant in
speech, graceful and often forcible in declamation, and
always gentle and polished in manners. He was generous
to a fault—if that be possible—cheerful, frank, cordial to
all acquaintances, high or low, learned or ignorant, rich or
poor. No wonder, then, that his praise was in all
men's mouths.
Rufus
King, son of Edward, became in his turn an
eminent Cincinnati lawyer, besides rendering the public
great service in education and other lines of duty. He
is still living, and in full practice.
ALLEN LATHAM
was another Chillicothe lawyer who removed
to this city, and spent his later years here. He was
born in Lyme, New Hampshire, Mar. 1, 1793, came early to
Ohio and was admitted to the bar at New Philadelphia,
removing to the old State capital about 1815. At
Chillicothe he did something in law practice, but more in
land speculation, for which his office as surveyor-general
of the military land district gave him special facilities.
He was also a prominent Democratic politician, represented
Ross county in the State senate in 1841-2, and in 1838 was
defeated as a candidate for congress by only one hundred and
thirty-six votes. He removed to Cincinnati in 1854,
and died here Mar. 28, 1871, being then seventy-eight years
old.
[Pg. 320] -
THE BROUGHS.
John and Charles H. Brough came from Lancaster
to this city in the winter of 1840-1, purchased the
Advertiser from Moses Dawson, changed its name to
the Cincinnati Enquirer, and started the paper on its
wonderful career. Both were successful lawyers and
public men. John, as is well known, became
auditor of State and one of the famous war governors of
Ohio. He was not admitted to the bar until 1845, and
did not acquire so much business as a lawyer as he did in
journalism and politics. His voice was remarkably
clear and strong, and when he spoke, as he sometimes did
during the war, on the river-bank or from a steamer on the
Cincinnati side, he could be heard easily in Covington.
Charles Brough became prosecuting attorney of
the county, colonel of one of the Ohio regiments in the
Mexican war, and afterwards presiding judge of the court of
common pleas. He died here of cholera in 1849.
RUTHERFORD
B. HAYES
was a young legal immigrant of 1849.
He became partner with Richard M. Corwine, forming
the firm of Corwine & Hayes, to which William D.
Rogers was presently added, the partnership then
becoming Corwine, Hayes, & Rogers.
The firm soon commanded a large business. Hayes
became prosecuting attorney, went to the war of the
Rebellion as a major, was elected to represent the second
district in congress while still in the field, and
subsequently governor for three terms and President of the
United States. His great case here was that of
Nancy Farrar, the poisoner, in whose defence he
labored with great assiduity and ability, and finally with
success.
CHARLES D.
COFFIN
came to the city about 1842, and remained
until his death, at the advanced age of seventy-six, which
occurred but a few years ago. He was judge of both the
old and the new superior courts of the city.
DONN PIATT.
This eccentric Washington editor, a member of the
famous Piatt family of Cincinnati and the
Miami valley, was a lawyer here many years ago. After
the resignation of Judge Robert Windom
from the bench of the common pleas, Piatt was
appointed by the governor to the vacant place. His
professional brethren thereanent said of him that, as he
knew nothing of law, he would go to the bench without any
legal prejudices. Judge Carter, however,
testifies that he was a good lawyer and made a good judge.
IN EIGHTEEN HUNDRED AND FIFTY-THREE
the bar of Cincinnati included one hundred
and eighty-three lawyers and law-firms. Some of sthe
most famous names of the local bar are in thi list; as
Hayes, Groesbeck, Taft, Long,
Pugh, Anderson, and others. We have said
little in this chapter of the living still in practice of
the later generation of lawyers, and of the equally
distinguished not heretofore referred to—as Stanley
Matthews, Judge Hoadly, Job E.
Stevenson, and many more—the limitations of this chapter
and book compelling us to deal almost exclusively with the
past; but we must find room here for one remarkable anecdote
told by Judge Carter of the late
GEORGE E.
PUGH.
On one occasion he was all alone, engaged in the
defence of a celebrated case involving a great part of the
Elmore Williams estate; and on the plaintiff's
side, against him, were those two distinguished lawyers
Thomas Ewing and Henry Stanberry.
The long table before the bench was filled with a hundred
law-books, placed there by the plaintiff's lawyers; and from
them, taking each one up and reading, Mr.
Stanberry cited his cases, and occupied several hours in
so doing. Mr. Pugh replied to Mr.
Stanberry, and, without brief or notes, or taking up
or reading from a single law-book, he cited from his own
memory all that Mr. Stanberry had quoted, and
then, in addition, cited more than thirty different
law-books—cases, principles, and points, and names of cases,
and pages of books, where they were to be found on his own
side of the case, without in a single instance using books,
notes, or briefs. It was truly a most unique and
remarkable mental performance; and after he got through the
presiding judge of the court called Mr. Pugh
to him to the bench and asked him “how in the world he did
it." Pugh modestly replied: “Oh, for these matters I
always trust to my memory; and while that serves me, I want
no books or briefs before me." What a valuable memory! By
it, too, Pugh won his case, as he did many others.
THE OLD GUARD.
Judge Carter
gives the following list of survivors of the old court house
(burned in 1849) at time his book was published in 1880:
Charles Anderson, Samuel York At Lee, James Boyle, Joshua H.
Bates, Jacob Burnet, jr. , Flamen Ball, Samuel F. Black,
Calhoun Benham, Oliver Brown, Robert W. Carroll, Samuel F.
Cary, Samuel S. Carpenter, A. G. W. Carter, Samuel S. Cox,
John W. Caldwell, Edward P. Cranch, Jacob T. Crapsey, Jacob
H. Clemmer, Frederick Colton, Nelson Cross, Joseph Cox,
Aaron R. Dutton, William Dennison, James J. Faran, William
T. Forrest, John Frazer, E. Alexander Ferguson, Charles Fox,
William S. Groes Robert S. Hamilton, Rutherford B. Hayes,
Charles Hilts, George B. Hollister, Samuel W. Irwin, Charles
P. James, William Johnson, Rufus King, John Kebler, Timothy
D. Lincoln, Frederick D. Lincoln, Oliver S. Lovell, J.
Bloomfield Leake, Thomas Longworth, Nathaniel C. McLean,
Alexander H. McGuffey, Edward D. Mansfield, Patrick
McGroarty, Patrick Mallon, Charles C. Murdock, Andrew
McMicken, John B. McClymon, William McMaster, Stanley
Matthews, M. W. Oliver, George H. Pendleton, William
Phillips, jr. , Donn Piatt, John L. Pendery, Andrew J.
Pruden, Alexander Paddack, James W. Ryland, Thomas C. H.
Smith, Richard H. Stone, Peter J. Sullivan, John B. Stallo,
W. S. Scarborough, Henry E. Spencer, Alphonso Taft, James W.
Taylor, William C. Thorpe, Samuel J. Thompson, John B.
Warren, James S. White, Crafts J. Wright, Robert B. Warden,
Edward Woodruff, D. Thew Wright, Peter Zinn.
Not all of these
reside in Cincinnati, but a number, as ex-Governor
Dennison, Judge Crafts J. Wright, and
others, live elsewhere. Mr. Zinn has died since
Judge Carter’s book was published.
AT THIS WRITING
the Cincinnati bar numbers not less than six
hundred attorneys. In this fact alone may be seen the
impossibility of giving anything like a full biographical
history of the profession here. Among them are many
practitioners and public men of national reputation. Judge
Carter, closing the pages of his toilful and
interesting volume, proudly yet worthily vaunts the local
bar in these terms:
It has furnished two Presidents of the
United States—Harrison and Hayes.
It has furnished two justices of the supreme
court of the United States —McLean and Chase—and
one of them Chief Justice.
It has furnished two attorney generals of
the United States—Stanberry and Taft.
It has furnished Burnet, Hayward,
Wright, Goodenow, Read, Cald-
S. F. COVINGTON
[Page 321]
well, Warden, Gholson, and Okey,
and Wright, as supreme judges of our own State, and
quite a great number of the judges of our own numerous
courts at home. It would make a big catalogue to name
them.
It has furnished, I believe, one judge of the superior
court of the city
of New York, even.
It has furnished two Secretaries of the Treasury of the
United States —Corwin and Chase.
It has furnished several governors of our State—Corwin,
Bebb, Dennison,
Brough, Hayes, Anderson and Young.
It has furnished several United States Senators, and
any quantity of congressmen, and legislators innumerable.
We have had, too, from our bar, divers ministers and
consuls abroad; and we have now a minister at the court of
France.
We have furnished other officials of importance and
consequence.
THE LAW LIBRARY ASSOCIATION
The need of a
convenient and ample library of reference was sharply felt
by the bar of Cincinnati, as it grew in number and business,
about the middle period of the history of the city.
Few of the lawyers had any large collection of books, and
the labor of carrying such as were in hand and needed in
cases, to and from the court house and offices, was by no
means small. Serious delays in important trials often
occurred while awaiting the production of authorities.
At one time, when Judge Caldwell, of the court
of common pleas, desired to consult some authorities not at
hand, he called up a member of the bar, Mr. George E.
Pugh, in open court to inquire what had been done toward
the formation of a bar library, and, not satisfied with the
progress made, lent his personal efforts thereafter to the
procurement of subscribers to the fund.
In 1834 a charter for the incorporation of the
Cincinnati Law Library was obtained, Messrs. Edward King,
E. D. Mansfield, Jacob W. Piatt, O. M. Mitchel, S. York
Atl.ee, and other well-known members of the Bar of that
day, being named as corporators. Nothing further of
account was done, however, until 1846, when not less than
one hundred and twenty-five attorneys were at the Hamilton
Bar, and the need of a library at the court house had become
imperative. In September of that year a meeting was
called in the court room of the old Superior Court, and it
was resolved that an effort should be made to establish a
library. Messrs. William R. Morris, Daniel
Van Matre, William M. Corry, Alphonse Taft, and George E.
Pugh, were appointed a committee to devise a plan and
raise the money to execute it. A subscription paper was
drawn up by Mr. Morris, which is still in existence,
and headed by himself, his partner, and Mr. Andrew
McMicken, who then occupied a desk in their office.
It provided that -
The
undersigned, members of the Cincinnati Bar, for the purpose
of raising a fund for the purchase of law-books for the use
of the Bar of said city, hereby mutually agree to forma
Library Association on terms to be settled and determined,
frotn time to time, as shall be deemed advisable hereafter,
and also agree to pay, for that purpose, to the committee of
the Association, the sum of twenty-five dollars each,
payable as follows: Ten dollars when called on; five dollars
at the end of six eighteen months from the time of making
the subscription.
September 3, 1846.
This was signed
ultimately by one hundred and five
---------------
* The materials for this section have been drawn mostly
from the careful and elaborate historical address of W.
S. Scarborough, esq., before the Law Library
association, June 12, 1875, and published in a neat
pamphlet.
persons, the last subscriptions bearing date 1849 and 1850.
Judge Burnet gave fifty dollars as a donor, not as a
member. With this the total amount subscribed was two
thousand six hundred and fifty dollars—a very respectable
beginning, truly. About December 1st Mr. Van Matre,
now chairman arid acting treasurer of the committee, began
to collect the subscriptions, and in about six months
realized one thousand and ninety-three dollars and
twenty-seven cents therefrom. Books had been bought in
January, 1847, of Messrs. Derby, Bradley
& Company, then principal law book-sellers in town, to the
value of one thousand four hundred dollars, of which seven
hundred dollars was paid down, and the rest was secured by
the note of the committeemen. Seventy-five dollars’
worth of books had also been bought of Rufus King
and other members of the bar. In these, the nucleus of
the superb library since formed, were Bibb’s &
Munford’s works, Dane’s Abridgment, and five volumes of
State Papers on Public Lands. A large book-case was
bought for ninety-four dollars and fifty cents, and set up
in the court-room of the Common Pleas, just at the right of
the entrance. Mr. Bernard Bradley was appointed
librarian February 8; and the great usefulness of the
Cincinnati Law Library began.
In the spring of 1847 the association was formally
organized, though against the opposition of Mr. Corry,
Mr. Pugh, and perhaps others, under the “act to
regulate literary and other societies,” passed by the
legislature Mar. 11, 1845. A constitution was adopted
and body held on the first Saturday in June, 1847, at the
Superior Court room, for the election of trustees, but
twenty-four members were present. The association now
owed seven hundred and twenty-one dollars, and their
subscriptions; eighty-eight had not paid their assessment of
five dollars voted Feb. 19, 1847; and eighty-seven
had not paid the second installment. The large sum of
two thousand and fifty-five dollars was due, or about to
become due, from the members.
The trustees elected at the June meeting were W. R.
Morris, Oliver M. Spencer, Daniel Van Matre, Alphonso Taft,
and Jordan A. Pugh, with R. B. Warden.
They organized as a board by electing the first-named
president, the second vice-president, and the third
treasurer. For four years thereafter, no record
appears of any meeting of stockholders or trustees, though
there is extrinsic evidence that the former held a meeting
June 4, 1849, and assessed ten dollars per share upon the
stockholders, at the same time raising the shares to forty
dollars each. It is said, moreover, that the annual
meeting was regularly held, and the board and secretary
regularly re-elected, except Jordan A. Pugh, who died
of yellow fever in New Orleans, whither he had removed, and
was displaced upon the board in 1849 by Judge Timothy
Walker. June 7, 1851, there was a general
reconstruction of the board, Messrs. A. E. Gwynne, Rufus
King, George E. Pugh, Jacob Burnet, jr., and Thomas
G. Mitchell being elected trustees, and Peter Zinn
clerk. The three gentlemen first-named
[Page 322]
were chosen, respectively, as president, vice-president, and
treasurer. Mr. Pugh, however, became
attorney-general of the State and resigned his office in the
association late in the year, when it was conferred upon
Mr. Burnet.
When the old court house was burned, in the summer of
1849, the books of the library were saved, with some
exceptions, and in pretty good condition. The
bookcases were lost, however, and one hundred dollars were
soon after recovered from the Columbus Insurance company for
them, and one hundred and ninety dollars for books
destroyed. The library then went with the courts to
James Wilson’s four-story brick building, on the
north side of Court street, west of St. Clair alley; and a
small room was obtained for it on the third floor. The
collection now comprised one thousand and eighty volumes—
eighty-three of American Federal reports, five hundred and
forty-seven State reports, two hundred and thirty-eight
English reports, fifty-one digests, fifty-nine of statutes,
and one hundred and two text-books, treatises, etc.
About one-half of the English reports were in the imperfect
American reprints, and have since been largely displaced by
original editions. Many of the books, particularly
text-books, had been lent or given to the library.
At the meeting of June 16, 1851, it was resolved that
the price of shares be reduced to twenty-five dollars and
all assessments after June 1st of that year; that the
library be accessible to all lawyers not three years in
practice, upon the annual payment in advance of ten dollars;
and that any member who should pay sixty dollars into the
treasury, in addition to the forty dollars previously paid,
should have a perpetual membership, without further charge
or assessment. The reduction in the value of shares
worked badly, and a considerable number of shares
practically lapsed.* There was but small increase of
membership, and on the fifth of June, 1852, but eighty-nine
had a share paid up or any interest in a share. Says
Mr. Scarborough:
Such
was the condition of the Association at the end of five
years from the time of its organization. The
membership lacked coherence and growth. If not
declining, and somewhat rapidly, it was at a standstill.
But the library, on the other hand, though small in fact,
was large for its years, and for its purpose was a good one.
The getting together of one thousand and eighty volumes as a
beginning, at the time and under the circumstances in which
they were collected, was most creditable to all connected
with it. It was an achievement for the institution, as
I think, far greater than any that, in the same length of
time, has since been wrought.
In 1852 the
Association published its first catalogue, showing the
number of books then on hand to be one thousand three
hundred and eighty. It was still somewhat in debt, and
few books had been added to the library for some time; the
trustees were therefore directed to make all collections
possible. A new code of bylaws, in relation to shares and
life-memberships, was adopted July 10th, the second of which
read as follows:
Any
person may become a life-member on paying such sum as, in
addition to any previous payments made by him, will amount
to one hundred dollars; provided that the amount which shall
be paid, in ad-
-----------------
* The share of R. B. Hayes, then
a young member of the Cincinnati bar, taken in 1852, though
not forfeited, was practically surrendered to the
association 1865—also that of General W. H. Lytle.
dition to the payments before
made and assessments due, shall not be less than fifty
dollars.
This over-liberal
by-law was changed, and life-memberships practically cut off
June 4, 1864, by an amendment moved by Stanley
Matthews, as follows:
That
the existing by-law regulating the form of certificates of
life membership be amended so that hereafter the sum to be
paid therefor at any given time, shall be the amount of the
original stock, together with all subsequent assessments
made thereon to that period, and the additional sum of one
hundred dollars— all payments of original stock and
assessments to be credited thereon.
Since the passage
of this no life-members have been added to the Association.
The receipts and disbursements for the library, from
June 5, 1852, to June 2, 1866, averaged per year about three
hundred and thirty-six dollars from new members, six hundred
and fifty-one dollars from assessments, thirty-six dollars
and forty-three cents from non-members for use of the
library, and one hundred and twenty-three dollars from the
law school in the college building. From life-members
one thousand one hundred and twenty-five dollars in all were
received (five hundred and fifty dollars in 1852), and from
all sources seventeen thousand two hundred dollars and
forty-seven cents, or one thousand two hundred and
twenty-eight dollars per year, on an average. The
average disbursements were three hundred and twelve dollars
for current expenses, and nine hundred and twenty-one
dollars for books. The total membership June 2, 1866,
was one hundred and thirty-nine, of whom nineteen were
life-members— 1852, Flamen Ball, Timothy Walker, Alphonso
Taft, James T. Worthington, W. Y. Gholson, M. H. Tilden, T.
D. Lincoln, Charles Anderson, George H. Pendleton; 1853,
Thomas J. Strait, G. B. Hollister; 1855, M. E.
Curwen; 1856, E. F. Strait, Aaron F. Perry; 1858,
George H. Hilton; 1860, J. P. Jackson; 1863,
Jacob Wolf, Anthony Shonter, Samuel Caldwell.
Sixty-five shares had been forfeited or surrendered.
The new members in fourteen years numbered one hundred and
fifteen; so that but a few, comparatively, of the original
members were left at the end of twenty years.
During the next ten
years the membership increased rapidly, as well as the
library. Judge Hoadly and Mr.
W. S. Scarborough were long before appointed purchasing
committee, and were industrious and enterprising in getting
the best books the means of the association would allow.
They bought many valuable volumes at the sales of lawyers’
libraries, as when the library of Judge Purviance,
of Baltimore, was broken up and sold in 1855, and that of
Judge Cranch in Cincinnati in 1863. Many
purchases were also made from attorneys in practice here, of
such Reports as were wanted. In 1854, when about one
hundred and fifty volumes of the American Reports were
wanting, Judge Hoadly was instructed to get
them upon the best terms he could, and at the same time the
trustees resolved to keep up full sets of the Statutes of
the several States—a work of very great difficulty. It
has been so successfully accomplished, however, that it is
believed no other collection in the country, except the
congressional library, is fuller in statute law. In
June, 1875, the library contained one thousand five
[Page 323]
hundred and sixty-five volumes of Statutes—a truly splendid
collection—with two thousand four hundred and twenty-six
volumes of State Reports, one hundred and ninety-nine of
United States Reports, one thousand one hundred and
fifty-eight of British and Canadian Reports, and treatises,
digests, etc., enough to swell the total number to nine
thousand one hundred and fifty-one. Mr. Scarborough
says: “Doubtless mistakes have been made in the selection
and purchase of books, yet I know of no library that is so
absolutely free from lumber and rubbish as this. Our
elementary works, owing to the early policy of confining the
purchases mainly to reports and statutes, are mostly of
recent editions.” The first invoice of imported works
was received in 1856, through Messrs. Little, Brown &
Company, of Boston, and consisted of Irish Reports, and
Reports of the House of Lords, and Privy Council decisions.
The largest addition was made in the year 1864-5, being four
hundred and thirty-nine books, of which fifty-five were
reports, the rest consisting mainly of bound volumes of The
Law Magazine, The Law Reporter, American State Papers,
Annals of Congress, and other congressional documents.
The next year three hundred and ninety-five volumes were
bought, of which over two hundred are text-books. On
the 2d of June, 1866, the library contained about five
thousand three hundred volumes, having increased nearly
three hundred a year for fourteen years. The increase
was more rapid thenceforth, and was largely of imported
books, some of them rare and costly. The current
American reports, and all valuable treatises appearing in
this country, were bought as fast as they came out. In
1869, a heavy importation was made, amounting to one
thousand one hundred and eighty-eight dollars and fifty
cents, completing the sets of English Chancery, House of
Lords, Ecclesiastical, and Admiralty Reports, with other
valuable sets. In 1870-1 the Scotch Appeals and Irish
Reports were bought in considerable number, also the Crown
Cases, some Nisi Prius reports, and two hundred and
forty-four other volumes. Large additions have since
been made, and the library now musters the magnificent total
of fifteen thousand volumes. In the spring of 1854 it
was moved into the best room available in the new court
house; and in the summer of 1857, upon the completion of the
third story, it was taken to its present spacious and
well-lighted quarters, where it has since found a
comfortable and fitting home. The county officials
have always manifested a friendly feeling to the library,
and provided for it as best they could without rent or other
charge. A written obligation now secures both parties
against probable disturbance. The librarians in charge
have been: Bernard Bradley, 1847-8; A. A. Pruden,
1848-9; Joseph McDougall, 1849-50; John Bradley,
1850-61; M. W. Myers, 1861 to the present time.
N. B. Bradley, son of John Bradley, was the
assistant of Mr. Myers for two years and a half after
Mr. Myers’ appointment.
THE LAW SCHOOL.
Cincinnati college, by its original charter,
was virtually a university, with the saving clause that no
particular theology could be taught therein, which of course
cut off a theological department. Any other school,
however, undergraduate or post-graduate, could be legally
established as a branch of it, and when Dr. Drake and
others, in 1835, instituted the medical department of the
college, they interested themselves also in the founding of
a law department and the revival of the literary department
or faculty of arts. A respectable law school was
already in existence in the city, having been founded in
May, 1833, by General Edward King, John C. Wright,
and Timothy Walker, esq., three of the Leaders of the
Cincinnati bar. This was the first law school
established west of the Alleghanies. Its founders were
themselves graduates of law schools at the east, and thought
that similar advantages should be afforded to the rising
generation of lawyers in the northwest. Its first term
began Oct. 7, 1833. The school drew together a
considerable number of students, whom the founders taught
ably and successfully. General King died, and
Mr. Walker was persuaded to incorporate the
school with Cincinnati college as its law department.
Another lecturer was engaged, and at the opening of the
department the faculty stood as follows:
Timothy Walker,
professor of constitutitonal law and the law of real estate.
John C. Wright, professor of practice, pleading
and criminal law.
Joseph S. Benham, professor of commercial law
and the law of personal
property.
Under their
auspices the department opened with a good number of
students, and has maintained itself prosperously to this
day, now more than forty-five years, being indeed all there
is now and has long been of Cincinnati college, as an agency
of formal instruction. In strength and reputation it
is among the very first in the land. It has a large
library and all necessary conveniences for its work.
Among its professors have been the Hon. William S.
Groesbeck, E. D. Mansfield, Bellamy Storer, Judge
James, M. E. Curwen, and several other gentlemen of
distinction. Ex-Governor Jacob D. Cox is now at
its head. The remainder of the faculty is constituted
as follows:
Rufus King, LL. D., professor of the law of real
property, evidence, and institutes.
George Hoadly, LL. D., professor of the law of
civil procedure.
Henry A. Morrill, professor of the law of
contracts and torts.
Manning F. Force, professor of equity
jurisprudence and criminal law.
Hon. John W. Stevenson, professor of commercial
law and contracts.
At the session of
1879-80 the number of students aggregated one hundred and
twenty-five—fifty-six juniors, sixty-nine seniors. The
graduates of the school number more than a thousand.
Among them are many who became distinguished in various
walks of public life— as Senator Charles D. Drake, of
St. Louis, Judges Joseph Longworthand Jacob Burnet, jr.,
Generals S. F. Cary and William H. Lytle, Judge
Stallo, Hon. William Cumback
[Page 324]
of Indiana, Robert Kidd the elocutionist,
A. T. Goshorn, Thomas L. Young, Milton Sayler, Julius
Dexter, Samuel F. Hunt, Ozro J. Dodds, and many others.
The diploma of the school entitles the graduate to admission
to the Cincinnati bar without further examination. The
lectures are delivered in the college building, on Walnut
street. Fifteen hundred dollars are appropriated
annually by the college corporation for the library.
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