In intelligence, means of education, temperance, order and religious observance, Ohio may fairly take its place among the most favored communities in the world. It is a type of what can be accomplished under favorable circumstances by a free people under a free government, where each citizen enjoys the full and undisputed possession of equal rights and opportunities. Ohio commenced its existence on the western border line of civilization on the continent. The center of population has already passed its borders, so that it now takes its place, not in the west, but in the east. The new communities that have been founded in the west are largely composed of the sons and daughters of Ohio, who, following the example of their ancestors, seek new fields for enterprise and industry. I have observed that whenever I traveled in the west, however remote the place, I found the "Ohio man" well advanced among his fellow citizens, and actively contributing his full share to the growth and prosperity of the community in which he lived, but retaining his love for his native state, and always proud to say he was born in Ohio.
CHAPTER IV. ADMISSION TO THE BAR AND EARLY POLITICAL LIFE. Law Partnership with my Brother Charles—Change in Methods of Court Practice—Obtaining the Right of Way for a Railroad—Excitement of the Mexican War and its Effect on the Country—My First Visit to Washington—At a Banquet with Daniel Webster—New York Fifty Years Ago—Marriage with Margaret Cecilia Stewart—Beginning of My Political Life—Belief in the Doctrine of Protection—Democratic and Whig Conventions of 1852—The Slavery Question—My Election to Congress in 1854.
After I was admitted to the bar I felt the natural elation of one who had reached the end of a long journey after weary waiting. I spent two or three weeks in visiting my relatives in Dayton and Cincinnati, attending the courts in those cities, where I observed closely the conduct of judges and lawyers in the trial of cases, and returned to Mansfield full of confidence, and with a better opinion of myself than I have entertained since.
The first object I sought to accomplish was the removal of my mother and her two unmarried daughters, Susan and Fannie, from Lancaster to Mansfield. At this time all her sons were settled at homes distant from Lancaster, and her other daughters were married and scattered. By an arrangement between my brothers, Charles and Tecumseh, and myself, I was to keep house with mother in charge, Susan and Fannie as guests. This family arrangement was continued until Susan and I were married and mother died.
To return to my admission to the bar. I felt that I was now a man. I had heretofore banked mainly on the treasures of hope. My brother, Charles Sherman, admitted me as an equal partner in his lucrative practice, and thus I gained a foot-hold in the profession. Fortunately for me, his timidity required me to attend stoutly contested cases brought to us. The old distinction between law and equity proceedings was then preserved, and Charles was a very good equity counselor. With this line of distinction between us we never had any difficulty in arranging our business, or in dividing our labor. He was then agent and attorney for New York and eastern creditors, the confidential adviser of our leading business men, and the counselor of a very interesting sect, then quite numerous in Richland county, called Quakers, or Friends, who could not conscientiously take the usual oath, but in witnessing all necessary legal papers, and in contests, made their affirmations. There was, therefore, left to me the pleadings, oral or written, and the struggle of debate and trial. The practice of the bar in Ohio had greatly changed from that of the early decades of this century. As I have stated, the judges, in the earlier decades, accompanied by leading lawyers, mounted on horses, went from county to county and disposed of the docket. The local lawyers had but little to do. Now all this is changed. Each county has its bar and its leading lawyers, and only when the case is of great importance a "foreign" lawyer is called in. The change has been caused by the abnormal growth of population. In 1830 the total population of the state was only 938,000, that of many of the counties being very small. In 1850 the population had more than doubled, amounting to 1,980,000. In 1890 it was 3,672,000, well distributed among the counties according to their capacity for supporting this increase.
Other remarkable changes have also taken place during the same period. The entire mode of conducting business in early days has been abandoned. Cash payments and short accounts have taken the place of barter and credit. The Ohio banking law of 1846, followed and superseded by the national banking act of 1863, produced a radical change in the forms, credit and solvency of paper money, and, more than any other cause, has encouraged the holding of small savings of money in savings banks and like institutions. These favorable conditions tended to limit credits, to encourage savings, and to change the vocation and habits of lawyers.
Changes in methods have also affected the legal profession. The adoption of a code of laws, and of new and simple pleadings, rendered useless half the learning of the old lawyers, driving some of them out of practice. I knew one in Mansfield who swore that the new code was made by fools, for fools, and that he never would resort to it. I believe he kept his word, except when in person he was plaintiff or defendant. Yet, the code and pleadings adopted in New York have been adopted in nearly all the states, and will not be changed except in the line of extension and improvement.
These reforms, and the many changes made in the organization of our state and federal courts, have to a considerable extent lessened the fees and restricted the occupation of lawyers. But it can be said that the leading members of the legal profession proposed and adopted these reforms, and always advocated any legislation that tended to simplify and cheapen litigation and at the same time protect life, property or reputation.
While these causes were operating against lawyers, agents of nature, hitherto unknown, undiscovered, and wonderful, were being developed, which were to completely revolutionize the methods of travel, the transportation of goods, and the modes of production, thus opening new fields for the employment of lawyers. Instead of assault and battery cases, suits for slander and the collection of debts, the attention of lawyers was directed to the development of railroads, banking institutions and other corporations.
The construction of railroads caused a most remarkable revolution in the habits and industries of our people. The first built in Ohio ran from Lake Erie or the Ohio River, north or south into the center of the state. Among them was the Sandusky & Mansfield road, originally a short line from Sandusky to Monroeville, intended to be run by horse power. It was soon changed to a steam road, the power being furnished by a feeble, wheezing engine, not to be compared with the locomotive of to-day. It was then extended to Mansfield, and subsequently to Newark, but was not completed until 1846. It was built of cross-ties three feet apart, connected by string pieces of timber about six by eight inches in dimensions, and a flat iron bar two and one-half inches wide and five-eighths of an inch thick. The worthlessness and danger of such a railroad was soon demonstrated by innumerable accidents caused by the spreading of rails, the "snaking" of the flat bars of iron through the cars, and the feebleness of the engines. Both road and engines soon had to be replaced. In every case which I recall the original investment in the early railroads was lost.