Reminiscences of Sixty Years in Public Affairs/Chapter 06
VI
GROTON IN 1835—(Continued)
THERE were two other lawyers in town, Caleb Butler, the postmaster, and Bradford Russell. Mr. Butler never appeared in court. He gave advice in small matters, wrote deeds and wills, surveyed lands, and served his neighbors in fiduciary ways. For many years he was a member, and a useful member, of the Board of Commissioners for the County of Middlesex. That body laid out highways, superintended the public buildings, and in a word did what no other authority in the county or State had a right to do. Mr. Butler was a Whig, and after a time his politics lost him the office of postmaster and the office of commissioner.
With Bradford Russell I commenced the study of law, or rather I entered my name with him and gave some night work to the study of books bearing upon the profession. His office was over the store in which I became a clerk in December, 1835. Russell was a graduate of Harvard, of the class of 1818. For many years two other members of that class resided at Groton—Dr. Joshua Green, and the Rev. Charles Robinson, pastor of the old society, then ranked as Unitarian. Mr. Russell had studied his profession with Judge James Prescott, who was impeached and removed from the office of Judge of Probate for the county of Middlesex in the year 1821. Judge Prescott, whom I never saw, was a good lawyer in his time, especially in the department of special pleading. That branch of the profession was then passing away, but there were lawyers who lived by their skill in preparing answers, rejoinders, sur-rejoinders, rebutters, and sur-rebutters. Russell had acquired a large amount of special learning in the law, but he had not capacity to comprehend principles, nor could he see the application of old decisions to new cases. In argument he was weak and inconclusive, but he was confident in his own powers, and favored as he was at times by the accidents and hazards of the profession, he gained some victories. In the final trials at the county court he usually secured the services of senior counsel who could meet Farley, his usual antagonist, upon an equality of standing. Most frequently he secured the services of Sam Mann of Lowell, as he was called. The name of the town was affixed generally, as though the advocate had been so christened.
Mann was able, confident, and bold. He died young, after a brilliant career. In many cases Mann and Farley were associated. When this combination appeared, the opposing counsel were hard-pressed, usually. In those days a story was set afloat which, though false, gave voice to the popular notion. When the court was held at Cambridge, Farley and Mann boarded together at the Mansion House, Charlestown Square. It was said that when they were associated in a case, they were in the habit of examining and cross-examining the witnesses. On one of these occasions, as the story went, Mann conducted the examination, and Farley followed with the cross. Under his hand the witnesses went to pieces. After the witnesses left, Farley said, “We can never succeed if those are your witnesses.” Mann replied: “Oh, those are the witnesses for the other side. To-morrow evening I will show you my witnesses.” When the evening came, the same witnesses came also. They were again subject to examination and cross-examination, and proved impregnable under Farley’s hand. An invention, no doubt, and yet the story had a run.
Although Russell was not a competitor in any sense with such antagonists as Farley and Mann, he was in the enjoyment of a practice that was sufficient for a living, and a prudent man would have made it the beginning of a moderate fortune. He had neither skill in money matters nor ordinary economy. Hence he was always in debt. At one term of the court he entered fifty-eight writs, and there were terms when he had from seventy to one hundred cases on the docket. Each of these cases gave him thirty-three and one third cents costs for every day of the term.
Russell held the office of Master in Chancery. In 1838 the Insolvent Law was enacted, and its administration was confided to Masters in Chancery. Russell soon gained a reputation for leniency in the matter of granting discharges to the insolvent debtors, and his business increased rapidly. His jurisdiction was the whole county, and although there were several masters in the county, his fame was such that petitions came from Lowell, Waltham and other places where masters had offices. I was appointed clerk in insolvency, at five dollars a day when a court was held. In this way I gained some needed income, acquired a knowledge of the Insolvent Law, and more than all, I gained the acquaintance of the leading lawyers of the county. As debtors and witnesses were examined, I may have gained something in practice. The Insolvent Law, amended, to be sure, has remained on the statute books of Massachusetts to this day, and the United States Bankrupt Law was modeled upon it. Indeed, there can never be any wide departure from the provisions of that statute, and from its principles no departure whatever can be made.
A leading man, and a character in the town, was Thomas A. Staples. He was a native of the neighboring town of Shirley. He was a man of large size, handsome figure, resolute in his purposes, and vindictive in his enmities. His chief business was that of stage proprietor, and mail contractor. He was always in debt, and tardy, of course, in his payments. He was involved in lawsuits, and many of his debts were paid upon executions. His mail contracts were so large that he sublet many of the routes, and he was always in debt to subcontractors. He had a stage office in Boston for a time at the Hanover House, and after that at No. 9 Court Street. His office was the headquarters of country traders and others who patronized his lines of stages. In the year 1838 or later, I was in his office when Alvin Adams, the founder of the Adams Express Company, made his first trip to New York as an express messenger. Staples afterward stated in conversation that Adams had but one parcel, and that he loaned him five dollars to meet his expenses. At that time Harnden’s express was in operation with an office at No. 8 Court Street. Harnden’s company disappeared in a few years, and the Adams Express Company became an institution that has the appearance of perpetuity. At a time perhaps as late as 1850, I met Adams on Washington Street, when he expressed the opinion that his business was as profitable as any business in the country.
Staples was engaged also in paper making with mills upon the upper falls of the Squannacook River. This branch of his business was especially unfortunate, and in 1836 he assigned his property to Henry Woods, Daniel Shattuck, and Joshua B. Fowle. Mr. Woods was a trader in whose employment I then was, having let myself to him when I left the Dix store December 1, 1835, for my board and $150 a year. Agreement for one year. The assignees were all friends of Staples. The assignment was for the benefit of creditors in order. The last named was Calvin Childs, a blacksmith, to whom Staples owed about two thousand dollars. The assignees proceeded to execute their trust, and as collections were made, payments were made until all the debts were paid except the debt to Childs. Mr. Woods died in 1841. Shattuck died in 1850, and the trust was not then executed. Fowle paid Childs six hundred dollars, but he made no settlement of the trust. In 1853 Childs applied to Russell for counsel and assistance. Russell filed a bill on the equity side of the court. A lawyer, named Fiske, of Boston, was retained by Fowle. Fiske answered. Russell employed the Hon. Charles R. Train to assist in the trial, but there was no hearing. In 1858 Train was elected to Congress. About 1860 Russell came to me for assistance and put into my hands a large bundle of papers relating to the case. At that time Russell was so impaired in health that he could not aid in the investigation. Upon an examination I found that the testimony of Staples was important. He then lived at Machias, Maine. By writing and interviews when I found him in Boston, I became satisfied that for a hidden reason he was resolved to have nothing to do with the case. As a last resort, I took out a commission and submitted interrogatories. The answers were evasive or valueless from loss of memory. Thus the case was delayed. In 1862 I was elected to Congress. Childs was an easy going man who made inquiries occasionally, but never complained. Upon my return from a session, about 1865, I resolved to bring the case to a close. I examined the papers carefully, and I found full material for a statement, although it cost labor to analyze the accounts. At that time Russell was dead and Fiske was dead. Mr. John Loring, a former partner of Fiske, took the case. Loring agreed to a hearing at Chambers. Chief Justice Chapman named a day. At the time named the clients and counsel appeared. I presented my statement in writing. Loring and Fowle said they knew nothing about the matter. My statement showed a balance of between $400 and $500 in Fowle’s hands. I asked for interest. Fowle said he had been ready always to pay. I contended that it was his duty long before to have rendered an account, and made payment. Judge Chapman, with less reason than courts have usually for their decisions, held that as he was always ready to pay, he was not justly chargeable with interest. I drew a decree, the judge signed it, Fowle paid, and Childs returned home that night. For ten years the case had been on the docket, when, if some one had made an examination of the papers it could have been disposed of in a day.
The controversy in New England between Trinitarians and Unitarians had culminated in Groton about the year 1825 in a division of the old town society and the organization of an orthodox church under the Rev. John Todd. His successor, a Mr. Kittredge, had charge of the Society in 1835, and for a short time afterwards. He was succeeded by Dudley Phelps, who was a man of ability and liberal in his religious opinions. From 1838 to 1841 the post-office was in my charge, although I held the office of postmaster only from February to April, 1841. Mr. Phelps was in the habit of sitting in the office and reading every sort of newspaper from the Trumpet to the Investigator. Although he was much my senior, and of differing opinions in politics and religion our relations were quite intimate. For several years we were joint subscribers for the four leading English reviews:—Edinburgh, North British, Quarterly and Westminster. My recollection is that he made the dedicatory prayer at the new cemetery, and that he was the first person buried in it. He was a man of talent and the father of two sons, who attained distinction at the bar in New York.
The Rev. Charles Robinson was the pastor of the old society then Unitarian, but without question as to the plenary inspiration of the Scriptures. He was a graduate of Harvard, a man of learning, and a writer of good sermons. In the delivery he was faulty to the last stage of awkwardness. His perceptive faculties were dull to a degree without a parallel in my experience.
In 1835 and for some time afterwards, there were four taverns and three stores at which intoxicating liquors were sold and the use of such liquors by farmers was greatly in excess of their use at the present time. In the early winter the country farmers from New Hampshire and Vermont going to Boston, with butter, cheese, pork and poultry, patronized the taverns, and gave the town an appearance of business which contrasts with the aspect of dullness that it now wears. The prices for entertainment at the taverns were moderate, and none of the proprietors accumulated property.