V GROTON IN 1835
In the month of February, 1835, I read an advertisement in the Lowell Journal, asking for a clerk in a store, application to be made at the office. I at once wrote to Joseph S. Hubbard,* a former schoolmate, asking him to call at the office and get the name of the advertiser. This he did, and gave me the name of Benj. P. Dix of Groton. I wrote to Mr. Dix, and upon the receipt of an answer, I went with my father to see him. The result was an agreement to work for him for three years. Terms, board and one hundred dollars for the first year, one hundred and twelve dollars for the second year, one hundred and twenty-five dollars for the third year. I commenced my clerkship with Mr. Dix the fifth day of March, and in the month of September my contract was ended by his failure. His business was small, his manners were abrupt, his capital had been limited, and his family expenses, not extravagant, had exceeded his income, and bankruptcy in the end was inevitable. His sales were chiefly of boots, shoes, leather, and medicines, of which he kept the only stock in the village.
Mr. Dix was a man of exact ways of life. The sales made were entered each day at the close of business, the cash was carefully counted, and the cash-book was balanced. But these careful and businesslike ways did not save him, and in September he made an assignment of his property to his father Benj. Dix, and to Caleb Butler, for the benefit of his creditors according to the preferences specified in the assignment. Mr. Butler was not a creditor, but Mr. Dix, senior, was much the largest creditor. In fact he had furnished his son with the chief part of the means of doing business. He was a tanner by trade, and he had gradually enlarged his business by employing workmen to make boots and shoes. A portion of his product of leather and all his product of boots and shoes had been turned into the son's store.
The deficiency of means on the part of the son was represented at each settlement by an addition to the debt due to the father. The debts amounted to about five thousand dollars. Following the assignment Mr. Dix left home, and he did not return until the spring or summer of 1836. Imprisonment for debt in a modified form then existed. He and his family were proud, and he may have wished to avoid seeing his neighbors and acquaintances while his misfortune was fresh upon him. His wife was a granddaughter of General Ward, who had been the rival of General Washington for the command of the army at the opening of the War of the Revolution. Mrs. Dix was proud, very properly, of her paternity, and of her grandfather's association with General Washington, and neither from her, nor from either of two brothers whom I subsequently met, did I ever hear a word of criticism upon the wisdom of the selection of General Washington. Mrs. Dix had inherited many letters written by General Washington to her grandfather, and they were all written in a tone of sincere friendship.
Mrs. Dix's eldest brother, Mr. Nahum Ward, was one of the early settlers, if not one of the founders of Marietta, Ohio. Mr. Dix went to Marietta, where he was given some employment by Mr. Ward. Neither Mr. Butler nor Mr. Dix senior, had any knowledge of business, and I was employed by them at a small advance in my pay, to sell the stock of goods, and close the business of the store. After such sales as could be made, the remainder of the stock was sold at auction the 23d day of November. During the preceding night there was a fall of snow, and the company came to the village in sleighs. The winter was severe, and the snow continued to cover the ground until the 18th of April, when the stage coaches for the north went on runners for the last time. The summer of 1836 was so cold, that the corn crop was a failure. During the year following corn brought from New Jersey sold for $2.50 per bushel.
In 1835 the town of Groton was a place of much importance relatively.
It was the residence of several men of more than local fame. Timothy
Fuller, the father of Margaret, was living there. He was a lawyer of
considerable distinction, and he had held important public positions.
He had been a representative and senator in the Massachusetts
Legislature, speaker of the Massachusetts House of Representatives,
and a member of Congress from the Cambridge district from 1817 to 1825.
He died in October, 1835.
Mr. Fuller was a man of careful and regular habits, indeed he belonged to a family noted for their devotion to the profession of law, and for their odd manners and styles of dress.
Mr. Fuller's eldest son, Eugene, was afterwards a student in the law office of George F. Farley. He was a good debater as a young man, but as a student rather irregular. He went to New Orleans to reside, became an editor of, or writer on, the Picayune, and on a return voyage from Boston he was lost overboard.
Margaret Fuller continued to reside in Groton with her mother and the other members of the family for several years—until about 1841, I think. In the meantime I met her frequently, although she was several years my senior. She was a teacher in the Sunday school, and at the Sunday-evening teachers' meetings she was accustomed to set forth her opinions with great frankness, and in a style which assumed that they were not open to debate. While she lived at Groton she contributed to the Dial.
In personal appearance Margaret Fuller was less attractive than one might imagine from the portraits and engravings now seen. Her ability was recognized, but the celebrity she attained finally was not anticipated, probably, by any of her town acquaintances. Her writings may justify the opinion that as a writer and thinker she is in the front rank of American women.
Samuel Dana, who had been a judge for many years, president of the Massachusetts Senate for three terms, and a member of Congress for one term, was also a resident of Groton. He had been an active politician on the Democratic or Jeffersonian side in politics, and for many years in early life he had been the competitor of Timothy Bigelow, who had been a resident of Groton and a leader in the Federal Party of the State. The town supported Bigelow and returned him to the House, where he became speaker for many sessions. Dana as a candidate for the Massachusetts Senate was elected by the county of Middlesex then Democratic, and for three terms he was president of the Senate. Judge Dana was interested in a small social library that was kept in a chamber over the store. It contained Josephus, Plutarch's Lives, Rollins' Ancient History, and some other standard works whose titles I do not now recall.
Judge Dana was also interested in the organization of a reading room club in a building connected with the store. As clerk in charge of the store I was custodian of the reading room and library. I found time to read Plutarch and Josephus, and I was skeptic enough to question in my own mind the passage in Josephus in regard to Jesus. Judge Dana died in the month of November, 1835, at the age of sixty. His hair was white and long, and his appearance was so venerable that it is now difficult for me to realize that he was not seventy-five years of age at least. His abilities were considerable, and his descendants, in more than one instance, have shown distinguished qualities.
Two other well-known lawyers, one of them a lawyer of eminence in the profession, were also residents of the town; Benj. M. Farley and George F. Farley, brothers. They were natives of the small town of Brookline, N. H. The elder, Benj. M., had practised in Hollis, N. H., where by economy and good care of his earnings he had acquired a competency. At Groton he made no effort to obtain business, and acted for the most part as an associate or aid to his brother, who was in the enjoyment of a large practice and income, for those days and parts.
With George F. Farley, whose age ran with the century, I was well acquainted from 1835 until his death in 1855. He was one of the small number of men that I have known who underestimated their powers. In one respect, perhaps, this was not true of Farley. He never appeared wanting in courage for any legal struggle with the leaders of the bar in New England. In the twenty years that I knew him he had for his antagonists Webster, Choate, Davis, Curtis, Franklin, Dexter, and others of eminence, and he never failed to sustain himself upon terms of equality. This was remarkable in presence of the fact that he was likely to be retained on the hard side of most cases. This was due, perhaps, to his reputation for shrewdness, and for a quality in practice which has been called the inventive faculty. When parties were not allowed to testify, there was a wide field for the imagination, and for the exercise of the inventive faculties on the part of an advocate. He had defended, successfully, the Ursuline Convent rioters, and he had been employed in many desperate cases on the civil side and on the criminal side of the courts.
In his later years he read very little either in law, history, or general literature. His law library was meager, although he had usually one or two students in his office. He preferred to discuss his cases with the loungers about the post-office and stores, getting thereby the benefit of the opinions of common men.
His manner in speaking was inartistic, and although he was a graduate of Harvard, he indulged himself in the use of country phrases and rustic pronunciation. His logic was unanswerable, and his faculty of cross-examination of witnesses was worthy of emulation.
He enjoyed a few books, the classics in the originals, but he seldom indulged in a quotation. Byron as a poet, and Locke as a logician he commended to me—the latter, Locke on the Human Understanding, with great earnestness. Under his advice I read it carefully, and for mental training he did not overvalue it. Farley commenced the practice of his profession at New Ipswich, N. H., and that town elected him once or twice to the Legislature of the State. Wishing for a wider field, he came to Groton. It was a day of small fees, and a good deal of the litigation grew out of the intemperate habits of the farmers.
In New Hampshire fees were even more moderate than in Massachusetts. If Farley had estimated his talents at their full value and had taken an office in Boston or New York, he could have gratified his love for money without disturbing his relations to his neighbors. In minor ways he was acquisitive and consequently there came to be a public sentiment which excluded him from public employments. His political course was not more erratic than that of many others, but his change of position was ascribed to policy and not to principle. In 1840 he was a Whig, in 1850 he was a Free-soiler, and in 1855 he was a Republican. In the autumn of the year 1855 he was elected a member of the State Convention of the Republican Party.
A day or two before the meeting of the convention I was passing by his premises where he was engaged apparently in examining a buggy which his man had been putting in order. The conversation turned upon politics, and I soon discovered that he wished for a nomination to the Legislature, and without admitting the fact, his remarks showed that he comprehended the nature of the obstacles in his way. At last he said: "When I began I thought the main thing was to get money; and I have got it; and it is very convenient to have it, but it isn't just what I thought it was when I began."
He went to the convention, took a cold which developed into a fever, and in a week he died.
[* When I became Secretary of the Treasury, in 1869, I appointed Hubbard to a minor office in the revenue service in the State of Kentucky, where he then lived.]
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 no 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 then 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 acquaintances 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 by 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 sub-contractors. 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 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 day 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 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 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.