Cleveland Past and Present: Its Representative Men / Comprising Biographical Sketches of Pioneer Settlers and Prominent Citizens

by Unknown

In the Legislative session of 1848-9, the two houses of the General Assembly united in electing Mr. Spalding a judge of the Supreme Court of the State for the constitutional term of seven years. But when four years of the term remained unexpired, the operation of the new constitution ended the pending terms of all offices, and devolved the election of Supreme Court judges upon the people instead of on the General Assembly. Judge Spalding declined being a candidate for the office in a popular canvass, and so the advantages of his ripe legal and judicial knowledge was lost to the Bench of the State. Concurrent testimony shows that no decisions were held in greater respect by the lawyers and the public, for their uprightness and justice, whilst to the legal fraternity in particular, they commended themselves by their logical force, and terse, clear, emphatic style and precision of expression that rendered them models of judicial literature. His judicial opinions are contained in volumes 18, 19 and 20 of the Ohio Reports.

On his retirement from the Bench of the State, Judge Spalding returned to the practice of the law with renewed ardor. Cleveland, presenting a wider field for the exercise of his abilities, he removed to that city and at once took front rank among the many able members of the profession. His profound knowledge of the law, power as a debater, and his ability of creating a strong impression on both courts and juries, built up for him an extensive and lucrative practice. When he spoke he carried conviction, it being all but impossible to resist the solid array of arguments and terse, incisive style. The same characteristics that made him afterwards so powerful in Congress had great effect on the most intelligent juries, and exercised a marked influence on the judges engaged in trying the causes in which he was interested as advocate.

Although the law claimed his first attention, and was his choice, Judge Spalding was no indifferent spectator of the course of politics. He had been trained a Democrat, and was a powerful worker in that party. But all his convictions were on the side of justice and freedom, and when, in 1850, the Fugitive Slave Law wedded Democracy to slavery, Judge Spalding, in common with thousands of others, broke through the party traces, and joined the "Free Soil" party, opposed to the extention of slavery. At the Free Soil convention of 1852, he was an active and prominent delegate, and on his nomination, John P. Hale was made the candidate for the Presidency.

On the formation of the Republican party, pledged to the restriction of the slave power, Judge Spalding took an active part in carrying out the principles of that organization. He was a member of the Pittsburgh Convention of 1856, at which the party was organized, and was a delegate at large for the State of Ohio at the Philadelphia Convention that nominated John C. Fremont. From that time he labored earnestly for the success of Republican principles, and the good effect of his efforts were frequently acknowledged by the party.

In October, 1862, he was chosen to succeed Mr. Riddle as Representative of the Eighteenth Congressional District in Congress. The wisdom of the choice was almost immediately made manifest. Judge Spalding had not long occupied his seat in the House of Representatives before "the member from the Cleveland District" became noticed for the interest he took in questions of importance, the soundness of his views, and the ability with which they were urged. He took part in all the leading debates, and with such effect that he commanded the attention of the House whenever he spoke, and the leaders listened respectfully to his suggestions. He was appointed a member of the Standing Committee on Naval Affairs, and of the Committee on Revolutionary Pensions, and on the formation of a Select Committee on the Bankrupt Law, he was made its Chairman. In committee he was noticeable for his punctuality, patient and conscientious attention to the drudgery of committee work, and the system with which he was enabled to despatch large amounts of it satisfactorily.

In 1864, he was re-elected to his seat, and in that term was made a member of the Standing Committee on Appropriations, and retained his former position on the Committee on Bankruptcy, the chairmanship of which was held by Mr. Jenckes. In this Congress Judge Spalding took a leading part in the important debates on the subject of Reconstruction, and impressed his influence on the Legislation upon this matter. In the early days of the session he made a speech, in which he indicated the measures he regarded best adapted for the for the purpose of properly reconstructing the rebel States. The speech attracted great attention, both within and without Congress, and the suggestions therein contained were for the most part subsequently adopted, and worked into the Reconstruction Laws. The military features of Reconstruction, which formed an integral part of the legislation, originated in an amendment proposed by Judge Spalding, when the first Reconstruction Bill of Thaddeus Stevens was presented.

In 1866, he was again re-elected to Congress, his national services, as well as his fidelity to the local interests of his constituents, having secured for him that distinguished compliment. In this Congress he continued to occupy a prominent position, and was recognized as one of the leading men on the Republican side, though not so thoroughly partizan as to accept all the measures proposed in the name of the Republican party. He differed occasionally with the dominant section of the party, when he believed their zeal outran discretion and sound policy, and the judgment of the country has in most cases pronounced him to have acted rightly. In this Congress he served on the Committee on Appropriations, the Committee on the Revision of the Laws of the United States, and upon the Joint Committee on the Library of Congress. In the debates on the financial questions that enlisted the attention of Congress at this session he took a leading part, and in May, 1868, he delivered a speech on "The Political and Financial condition of the Country," which took strong ground against the unconstitutionality of the Legal Tenders, whilst approving the passage of the Legal Tender Act as a measure of military necessity at the time. With this Congress Judge Spalding's legislative career closed. The duties of the position, always faithfully performed by him, were growing too onerous, and at his time of life, though still full of activity and healthy vigor, it was urged that he should enjoy more ease than was possibly consistent with his idea of a proper fulfillment of the trust of member of Congress. He therefore wrote a letter to his constituents several months before the period of nomination, positively declining a renomination, and withdrawing from public life.

The determination of Judge Spalding to withdraw from active political life was a matter of surprise and regret to his colleagues in Congress, who had learned to value his sound judgment, ripe scholarship, earnest patriotism, and great legislative ability. It was a positive loss to the people of the Eighteenth Ohio District, for never had the interests of that district been better cared for. To Cleveland, especially, he proved in reality a representative member. The wishes of his constituents were promptly attended to, their interests carefully guarded, and no stone left unturned in the endeavor to benefit the city and its people. In the Congressional session and out of it, he was ever on the watch for opportunities to advance the interests of his constituents, and in complying with the daily requests for advice and assistance, he did so, not grudgingly or reluctantly, but with earnestness and hearty good will, as if it were a matter of his own personal concern. The withdrawal of Judge Spalding from public political life, was a loss to the national councils in which he had achieved distinction, but was a still greater loss to the constituency he represented.

Judge Spalding has returned to the legal profession, of which he ranks among the brightest lights, and finds in its practice, and in the quiet enjoyment of social and domestic life, a satisfaction which his public career, brilliant as it was, failed to give. In his seventy-second year, he is yet in the full enjoyment of all his faculties, physical and mental, and is the picture of sound health and mental vigor.

Judge Spalding has been married twice. In October, 1822, he was married to Lucretia A. Swift, oldest daughter of his preceptor in legal studies. Seven children were born of this marriage, of whom but three yet live: Col. Zeph. S. Spalding, United States Consul at Honolulu, Brevet Captain George S. Spalding, First Lieutenant 33d U. S. Infantry, and Mrs. Lucretia McIlrath, wife of Charles McIlrath, of St. Paul, Minnesota. In January, 1859, Judge Spalding was married to his present wife, oldest daughter of Dr. William S. Pierson, of Windsor, Connecticut.