fXxiberal Hrts l/Ectmoltrgg HISTORY OF HILLSBOROUGH COUNTY NEW HAMPSHIRE. C0I*I:PI XiEID TJ1TI3EE, THE S XJ F E I?/ ^A I S I O IT OE D. HAMILTON HURD. ILLUSTRATED. PHILADELPHIA: J. W. LEWIS & CO. 1885. COPYKIGHT, 1.SS5, BY J. W. LEWIS & CO. ■T 1 i ;h PUBLISHERS' PREFACE. Nearly three years ago the attention ot the publishers, who have long made a specialty of this class of work, was called to the fact that a history of Hillsborough County was needed. After mature deliberation the work was planned and its corajiilation commenced. The best literary talent in this section of the State for this especial work was engaged, whose names appear at the head of their respective articles, besides many other local writers on special topics. These gentlemen approached the work in a spirit of impartiality and thoroughness, and we believe it has been their honest endeavor to trace the history of the development of the territory embodied herein from that period when it was in the undis- puted possession of the red man to the present, and to place before the reader an authentic narrative of its rise and progress. The work has been compiled from authenticated and original sources, and no effort spared to produce a history which should prove in every respect worthy of the county represented. The Publishers. Philadelphia, August, 1885. ^^ BIOGRAPHICAL. PAGE Adams, Phinehas 123 Atherton, Charles G 12 Atherton, Charles H 10 Atherton, Joshua •••. 9 Averill, Clinton S • 579 Ayer, Benjamin F 34 Ayer, Samuel H 13 Balch, Charles E 133 Balch, Mark 300 Baldwin, Samuel 288 Bartlett, Charles H 32 Bell, Samuel D 17 Berry, Augustus 647 Blood, Aretiis 75 Bradford, Ephraim P 606 Bradley, Denis M 104 Briggs, James F 29 Brooks, Isaac 249 Buck, William D 126 BurnUam, Abel C 426 Burnham, Henry E 32 Burns, Charles H 39 Campbell, Charles H 250 Campbell, Daniel 250 Campbell, Daniel, Jr 251 Chamberlain, James L 526 Champney, Ebenezer 9 Cheney, Person C 83 Christie, Morris 262 Claggett, Clifton 10 Claggett, Wiseman 8 Clapp, Allen N 132 Clark, Daniel 17 Clark, Lewis W 26 Clarke, John B 55 Clarke, Joseph B 33 Clarke, William C 20 Clough, Lucien B 32 Cragin, Daniel 725 Crombie, Ninian C 609 Crosby, Josiah 125 Cross, David 31 Cumner, Nathaniel W 129 Currier, Moody 66 Cutler, JohnH .. 665 Dana, Samuel 10 Davis, Joseph 364 Dearborn, Cornelius Van M 207 Dearborn, Samuel G ... 201 Dodge, Perley 35 Dunlap, Arcliibald H 211 Eaton, Harrison 547 Edwards, Supply W 676 Farley, Benjamin M 39 Fellows, Joseph W 39 Ferguson, John 128 PAGE Fitch, Charles D 348 Forsaith, Samuel C 84 Foster, Herman 26 French, John C 133 Fuller, John G 425 Fulton, James 389 Gilbert, John 431 Gilman, Horace W 209 Oilman, Virgil C 210 Goodale, John H 379 Goodale, Levi 429 Goodale, T. N 429 Goodell, David H 260 Goodale Family 428 Godfrey, Reuben 214 Goffe, John 47 Gove, Charles F 12 Graves, Josiah G 199 Gray, H. N T26 Greeley, Horace 250a Gregg, James 389 Griffin, George 496 Grimes, Francis 422 Grimes, James F 423 Hall, James H 216 Hall, James Harvey 296 Hamblet, Eli 484 Heald, David 580 Hildreth, Jothani 512 Holman, Charles 201 Hosley, John 135 Howard Family, The 213 Hutchinson, John W 581 Jones Family, The 427 Kimball, Gilman 263 Kingsbury, George 300 Lincoln, Leavitt 630 Livermore, Solomon K.., 573 Lund, Charles 216 Maynard, John H 135 Merrill, James B 483 Moore, Joseph C 60 Moore, Norman J. M 202 Morrison, George W 13 Murray, Orlando D 203 Newell, Joseph '22 Parsons, William M 137 Partridge, S. H 347 Parker, John M 326 Parker, William T 549 Pattee, L. N 330 Pevey, Peter ^^49 Pevey, Zebediah 344 Pierce, Franklin 10 Potter, Chandler E 136 Preston, John *>28 vii VIU BIOGRAPHIES. PAGE Bamsey, John 347 Bawyer, Auruii F 36 Sawj'er, Aaruu W 36 Sawyer, Most'S 694 Seconib, John 2o0a Shirley Family, The 327 Simons, llinini 691 Simons, Lewis 692 Smith, George L 608 Smith, Isaac \V 27 Smith, John B 429 Smith, Luke 607 Smyth, Frederick 67 Spalding, Isaac 199 Stanley, Clinton W 22 Stark, John 46 Stevens, Aaron F 37 Stevens, William 743 Stinson, Charles 327 PAGE Straw, Ezekiel A jjO SuUoway, Cyrus A 32 Swallow, Stillman 217 Tarbell, Joel H 511 Tuttle, Jacob 261 Upton, Samuel 34 Wallace, Alonzo S 294 Wason, Elbridge 605 Webster, Kimball 482 Wells, Charles 127 Weston, James A 121 AVhite, Jeremiah W' 205 Whitford, Elliott 215 Whiting, David 723 Wilkins, Alexander M 550 Woodbury, John 648 Worcester, Joseph E 455 Worcester, Samuel T 39 ILLUSTRATIONS. Adams, Phiuehas 124 Averill, Clinton S 578 Balch, Charles E 134 Balch, Mark 300 Baldwin, Samuel 288 Berry, Augustus 047 Blood, Aretas 75 Bradley, Denis M 104 Bradford, Ephraim P 606 Brooks, Isaac 249 Buck, William D 166 Buruham, Abel C 422 Burns, Charles H 40 Campbell, Charles H 250 Campbell, Daniel, Jr 250a Chamberlain, James L 526 Cheney, Person C 83 Christie, Morris 262 Clapp, Allen N 132 Clark, Daniel 18 Clarke, John B 55 Clark, Lewis W 27 Clougli, Lucieu B., 32 Crosby, Josiah 125 Cross, David 31 Crorabie, Ninian C 609 Cumner, Nathaniel W 129 Currier, Moody 66 Cutler, Jolin H 666 Davis, Joseph 364 Dearborn, Cornelius Van M 206 Dearborn, Samuel G 200 Dodge, Perley 35 Doe, Geo. I. Resof 704 Dunlap, Archibald H 211 Edwards, Supply W 676 Ferguson, John 128 Fitch, Charles D 348 Forsaith, Samuel C 84 Foster, Herman 26 French, John (' 133 Fuller, John G 424 Fulton, James 390 Gilbert, John 431 Oilman, Horace W 208 Oilman, Virgil C 210 Godfrey, Reuben 214 Ooodale, Levi 428 Goodale, Thomas N 429 Goodell, David II 260 Graves, Josiah G 199 Gray, H. N 726 Gregg, James 389 Griffin, George 496 Grimes, Francis .' 422 Grimes, James F 423 Hall, James Harvey 296 Hamblet, Eli 484 Heald, David 580 Hildreth, Jotham 512 PAGE Holman, Charles 201 Hosley, John 136 Howard, Ezra P 212 Hutchinson, John \V 582 Jones, Parker 427 Kimball, Oilman 263 Kingsbury, George 301 Lincoln, Leavitt 630 Livermore, Solomon K 574 Lund, Charles 216 Map of Hillsborough County 1 Maynard, John H 135 Merrill, James B 483 Moore, Joseph C 60 Moore, Norman J. M 202 Murray, Orlando D 203 Newell, Joseph 722 Parker, John M 326 Parker, William T. . 549 Parsons, William M 137 Partridge, S. H 347 Pattee, L. N 330 Pevey, Peter 349 Pevey, Zebediah 344 Pierce, Franklin 10 Potter, Chandler E 136 Preston, John 628 Ramsey, John 346 Sawyer, Aaron W 36 Sawyer, Moses 694 Shirley, E. C 328 Simons, Hiram 691 Simons, Lewis 692 Smith, George L 608 Smith, Isaac W 28 Smith, John B 430 Smith, Luke 008 Smyth, Frederick 68 Spalding, Isaac 198 Stanley, Clinton W 22 Stark, John 46 Stevens, Aaron F 38 Stevens, William 743 Stinson, Charles 327 Straw, Ezekiel A 80 Sulloway, Cyrus A 33 Swallow, Stillman 217 Tarbell, Joel H 611 Tuttle, Jacob 261 Upton, Samuel 34 Wallace, Alonzo S 249 Wason, Elbridge 605 Webster, Kimball 482 Wells, Charles 127 Weston, James A 121 White, Jeremiah W 204 Whitford, Elliott 215 Whiting, David 724 AVjlkins, Alexander M 550 Woodbury, John 648 ix •^^:^ HISTORY OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE. — ^ t./Rv-*'"— CHAPTER I. EARLY HISTORY AND ORGANIZATION OF COURTS. BY GEORGE A. KAMSDELL. For many years previous to 1740 the boundary lines of the province of New Hampshire were in dispute. Massachusetts claimed that the division boundary between that State and New Hampshire was defined by a line drawn from a point on the Atlantic coast three miles north of the mouth of the Merrimack River, and running on the northerly and easterly side of the river, and at a distance of three miles from it, to a point three miles beyond the parallel of the junction of the Winnipiseogee and the Pemigewasset ; thence due west to the Connecticut. This covered all the territory included in the present limits of the county of Hillsborough, excepting the town of Pelham and such portion of the town of Hudson as lies more than three miles from the Merrimack River. It also in- cluded the whole of Cheshire County and the larger part of the present limits of Merrimack and Sullivan Counties. New Hampshire claimed for her southern boundary a line produced due west from the same point on the ocean. By this claim the towns of Pelham, Hudson, Litchfield, Nashua, Merrimack, Hollis, Amherst and other towns lying within some fourteen miles of latitude were conceded to be in Massachusetts. The ancient town of Dunstable, containing more than two hundred square miles, and including all of the towns above named and portions of other towns within the present limits of New Hampshire, made a part of the county of Middlesex, in Massachusetts, and had not before 1740 been regarded by any party as in part the territory of the province of New Hampshire. Previous to 1740 a board of commissioners, acting under the royal authority, had established the eastern 1 boundary, but failing to agree upon the southern line the King himself terminated the controversy in favor of New Hampshire, fixing the present boundary and granting the State a much larger territory than had been claimed. The decision, though somewhat arbi- trary and not in accordance with the prayer of either party, was founded upon sound suggestions. By the letter of the grant to Massachusetts it would seem that her claim was good, but it was urged by the King's Council that when the Massachusetts grant was made the country was unexplored, and the course of the Merrimack was supposed to be substantially at right angles with the ocean its entire length, and that it would be just and equitable between the parties to follow the river so far as its general course was from the west to the east and no farther. This act of the King annexing so much territory, before that time under the government of Massachu- setts, to the province of New Hampshire was not satisfactory to the people of Massachusetts, or to the inhabitants of the lands so virtually annexed. It was very naturally urged by the people, who were thus made to attorn to New Hampshire, that it was unfair to sever them from a more powerful province against their remonstrance and annex them to a weaker at a time when it seemed there would be no end of Indian wars and depredations. An attempt was made to have the matter reheard, which failed, as well as a proposi- tion to re-annex the entire province to Massachusetts. Upon the settlement of a question which had troubled the province for half a century, the towns which had had a corporate existence under Massa- chusetts were rechartered by the province of New Hampshire, and new towns were formed from those portions of existing towns cut off from Massachusetts. The political history of New Hampshire to the middle of the eighteenth century is simply the history of the southeastern portion of the State, Portsmouth, Exeter and Dover being the towns of consequence at HISTORY OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE. that time. Previous to the year 1770 the entire State, for all financial and judicial purposes, was a single count. All Itusiness ol'a j>ublic nature was transacted at one of the three towns named, and most of it at Portsmouth. All the royal executive officers resided there. Portsmouth then had a ])opulation of more than four thousand, and was practically the capital of the province. As the province increased in population the people deniandetl other and smaller political divisions, in which ordinary business could be transacted. In 17(37, John Wentworth, the second of that name, was appointed Governor of New Hampshire, and one of tiie measures brought forward at the opening of his administration comprehended the division of the province into counties, and the erection of a judicial system to meet the wants of the entire State. It was opposed by the residents of Avhat is now Rockingham County, on the ground that it would increase the ex- penses of the i)r()vince without corresponding advan- tages. The Governor favored the measure as one likely to develop the province, an end to which he devoted his entire energies; penetrating the wilderness so far as to lay out an estate and erect an elegant mansion at Wolfborough, upon the Winnipiseogee. The matter was debated in several sessions of the Assembly before all points of difference could be rec- onciled. The number of counties, and lines of divi- sion were not easily agreed upon. It was finally settled that the province should be divided into five counties, with an ample judiciary system. The act was finally passed, suspending its operation until such time as the King's pleasure should be known. The act took effect in the spring of 1771. Governor Wentworth named the counties (after his friends in England) Rockingham, Strafford, Hills- borough, Cheshire and Grafton. It may be remarked that by the efforts of parties opjiosed to any division, the counties of Strafford and Grafton, by an amend- ment to the act, remained connected to the county of Rockingham until 1773. Sullivan has since been taken off" Cheshire, Coos from Grafton, Merrimack from Rockingham and Hillsborough, Carroll and Belknaj) from Strafford, Hillsborough County upon its organization in- cluded all the territory of the preaent county, except- ing the town of Pelham, which for a time formed part of Rockingham County. It also included all of the present county of Merrimack west of the Merrimack River, excepting the town of Bow, the city of Concord and portions of other towns whose lines have been changed within a few years. The territory thus set off" for the county of Hillsborough was not all incor- porated into towns. Some of it was not even settled, and some lands then settled remained unincorporated for several years. The population of the county at the time of its organization was not far from fifteen thousand. There were eighteen incorporated towns within the present limits of the county, ranking as follows in point of population and valuation : Am- herst, Hollis, New Ipswich, Dunstable, Merrimack, Nottingham West (now Hudson), Peterborough, Litchfield, Bedford, Goffstown, Derryfield (now Man- chester), Wilton, New Boston, Mason, Weare, Lynde- borough. Temple and Hillsborough. More than half the pojjulation of the county at this time resided in the six towns Amherst, Hollis, New Ipswich, Dun- stable, Merrimack and Nottingham West. New Hampshire was settled by immigration coming in through four different channels, the Portsmouth and Piscataqua colonies, the Londonderry colony, the settlers coming into the State by way of Dunstable, and the line of immigration coming up the valley of the Connecticut River. The county of Hillsborough was i^eopled from the second and third of these sourcesj and very largely from the Londonderry settlement. No sooner was the demand for the division of the State into counties in a fairway to be answered affir- matively than the question of the selection of the shire- town began to be agitated. Three towns were named in this connection, — Amherst, Hollis and Merrimack. The attention of the Governor of the province was called to this matter as early as October, 1767, by the Rev. Daniel Wilkins, the first minister of the town of Amherst, in the following letter : "Hon. and Dear Sir : " After due salutations I beg leave to inform your Hon"' that the pro- posal of the general Court, that Merrimack be the shire-town of the county on the west side of Merrimack river, has caused a general un- easiness throughout the county, aud many thinking men in Jlerrimack itself (as I have been credibly informed) are well satisfied that if the pro- posal be established, it will be greatly to the town damage in general, as they are small in numbers, consisting of seventy odd families, no more, and those much scattered, and many of that number are new places and no ways accommodated to entertain a Court, especially with hay and pas- turage ; neither do they ever expect to be accommodated within the pre- mises, as a great part of their land is poor and clothed with shrub. The uneasiness of the people arises from the said proposal not being for Am- herst rather than Merrimack, not only as Amherst has been talked as for a shire-town ever from its infancy, thereby fixing the mind of the people upon it, being from its situation nearer to the Heart of the county, so that many towns can come from home in the morning and return home in the evening. They could not possibly do the like if the Court be at Merrimack, and thereby save a great deal of charge to poor people. "And now, honored sir, I beg leave to give a description of Amherst in a few words : ' Tt is situated about eight miles from Mr. Lutwickes' Ferry, on Merrimack river, the contents of which is about six miles square, contiiining about one hundred and sixty families and accommo- dated, according to men of the best judgment, to settle one hundred fami- lies more than is already settled, and near a hundred of them are good country farms, well accommodated with fields and pjistures, and chiefly all gooshire, on the first Thursday next following the first Tuesday in July, 177."), said Court elected Moses Nichols, Ksq., Clerk pro tem, and adjourned sjiid Court of General Sessions of the Peace to the first Thurs- day next following the firet Tuesday of October next. "Moses Nichols, Clerk pro tem.^'' Only two justices present, — one presides, the other is clerk joro tempore. The court is adjourned to meet upon a certain day in his Majesty's name, but the coming of that day found the patriotic justices with business to their hands more congenial than holding court in the name of George III. CHAPTER II. THE BENCH AND BAR. Pkioe to the War of the Revolution there were but three members of the legal profession residing within the present limits of Hillsborough County. These were Hon. Wiseman Claggett, of Litchfield; Hon. Ebenezer Champney, of New Ipswich; and Hon. Joshua Atherton, of Amherst. Hon. Wiseman Claggett was born at Bristol, England, in the month of August, 1721, and received an early and liberal education in that country. Hav- ing finished his academical studies, he became a stu- dent at the Inns of Court, qualified himself for the profession of the law, and after going through a regu- lar course of preparatory studies, was admitted a bar- rister in the Court of King's Bench. A few years after his admission to the bar he crossed the Atlantic to the West Indies, settled in Antigua under very flattering circumstances, and was cordially received by the principal inhabitants of the island, particularly by a gentleman of fortune, who, as an inducement for him to remain there, settled on him a handsome annuity for life. He was appointed a notary public and secretary of the island. He dis- charged the duties of these offices with fidelity, and pursued his professional business there with success for several years, until the decease of his particular friend and patron. He then embarked for this coun- try, and settled in Portsmouth. He was admitted an attorney of the Superior Court at the next session after his arrival, and was soon after appointed a jus- tice of the peace. In the exercise of this office he was strict, severe and overbearing. For many years he was the principal acting magistrate in Portsmouth, and his name became proverbial. When one person threatened another with a prosecution, it was usual to say, " I will Claggett you." He received the appointment of King's attorney- general for the province in the year 1767. He took an early and decided part in opposition to the oppress- ive acts of the British Parliament at a time when a considerable portion of his property was in the con- trol of the government. Previous to the Revolution he removed to Litchfield, Avhere he possessed a large and valuable estate on the banks of the Merrimack. He represented that town and Derryfield, classed THE BENCH AND BAR. with it, several years in the General Court. Being omitted one year, the towns of Merrimack and Bedford elected him for their representative, although not an inhabitant of either of those places. He always re- tained a grateful remembrance of this mark of confi- dence and respect, and frequently spoke of it with pleasure. He was for some time a member of the Committee of Safety, and was active, attentive and useful. He was influential in framing and carrying into eflect the temporary form of government which was first adopted in New Hampshire, under which the office of solicitoi'-general was created, and Mr. Claggett was the only jierson who ever had that ajipointment ; the office ceased at the adoption of the constitution, in 1784, a little previous to his death. He possessed a great flow of wit, which, accompa- nied by his social talents and learning, made him an agreeable companion. He was also distinguished for his classical knowledge. He wrote the Latin language with ease and elegance and sjioke it with fluency. He had a fine taste for poetry, and many jetix d' esprit, the productions of his pen, have been preserved by his friends. He did not possess a perfect equanimity of temper, but was subject at times to great depres- sion of spirits. He died at Litchfield the 4th of De- cember, 1784, in the sixty-fourth year of his age. Ebenezer Champney ^ was born at Cambridge in 1743, and was educated at Harvard University, re- ceiving the degree of Bachelor of Arts in 1762. He was at first designed for the ministry, and to that end studied divinity and preached two years. He re- ceived a call to settle in Township No. 1 (now Mason) ; this was declined, and soon after, he left this profes- sion for that of the law. He prepared himself for this vocation in the office of Hon. Samuel Livermore, and was admitted to the bar at Portsmouth, N. H., in 1768. In June of the same year he removed to New Ipswich, and entered upon the duties of his profes- sion. In the spring of 1783, Mr. Champney went to Groton, where he remained until 1789, was represent- ative in 1784, when he returned to New Ipswich. His first commission as justice of the peace was re- ceived from the celebrated Governor John Hancock, of Massachusetts. In 1795 he was appointed judge of Probate for the county of Hillsborough. The duties of this office were appropriately discharged until his resignation, a few months before his death. Judge Champney married, first, a daughter of Rev. Caleb Trowbridge, of Groton, in 1764, which con- nected him with the distinguished families of Cottons and Mathers. By this marriage he had seven chil- dren, three of whom died in infancy. He became a widower in 1775, and was married again, in 1778, to Abigail Parker, by whom he had four children. She died in 1790, and he was again married, in March, 1 From " History of New Ipswicli." 1796, to Susan Wyman, who died the September fol- lowing. Judge Champney was a man of very respectable talents, and exercised no inconsiderable influence in the vicinity. During the earlier years of his practice he was the only lawyer between Keene and Groton, and had offices both at New Ipswich and the latter place, in conjunction with his son. The labor of at- tending the courts at that period was very great, the circuit being extensive, and all journeys were neces- sarily performed on horseback. During the controversy between the colonies and the mother-country the sentiments of Mr. Champney were adverse to those extreme measures that led to the Revolution. He was a moderate Tory, and dep- recating a resort to arms, believed that with prudent and moderate counsels all causes of disaffection might be satisfactorily adjusted. He wished to preserve his loyalty and the peace of the country ; but, like many others who forebore to take part in the contest, he lived to acknowledge the beneficent effects of that struggle which gave us our liberties and free institu- tions. He died on the 10th of September, 1810, at the age of sixty-seven. Hon. Joshua Atherton - was born in Harvard, Mass., June 20, 1737. He numbered among his class- mates at Harvard, Elbridge Gerry, Jeremy Belknap and other distinguished men. While residing in Litchfield and Merrimack he was intimate with Colo- nel Lutwyche, a retired colonel of the British army, a man of means, of refined tastes, acquainted with the world and used to good society. Having received the appointment of register of Probate for Hillsborough County, Mr. Atherton re- moved from Merrimack to Amherst in the summer of 1773, and was soon busily engaged in the practice of his profession. In a short time, however, as the dis- pute between the mother-country and her American colonies increased in bitterness, as he was an open and avowed Loyalist, he fell under the popular dis- pleasure. In common with many other well-informed men of his time, he was not insensible of the wrongs inflicted upon the colonies by the British government, but saw no prospect of their redress by an appeal to arms. His profession, too, was an unpopular one, and it was an easy matter for the leaders in the new movement to excite the people against him. It is also notice- able that much of the persecution to which he was subjected had its origin in towns adjoining Amherst, rather than among his townsmen. In 1788 he was chosen a delegate to the convention to ratify or reject the proposed constitution of the United States. Acting upon his own convictions of right and the instructions of his constituents, he op- posed its ratification. 2 Condensed from Seconili's " History of Amherst. 10 HISTORY OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE. In 1792 he was ai)pointed a delegate to the conven- tiou called to revise tlie State constitution adopted in 1783. After several sessions the work of this con- vention resulted in the amended constitution adopted by the people in 1792, which remained unchanged for nearly sixty years. In 1793 and 1794 he served as Senator in the State Legislature, and in the latter year received the ap- pointment of attorney -general of the State. At this time many young men resorted to his office for in- struction in their chosen profession, William Plumer, William Coleman (afterward of the New Fork Even- ing Post) and William Gordon being among the num- ber. After the new administration of the affairs of the country under the Federal government had gone into operation, and had exhibited proofs of a steady, wise and firm rule over the whole country, he became one of its firmest supporters. In 1798 he was appointed a Commissioner for the county of Hillsborough, under the act passed by Con- gress 9th July of that year, providing for the valua- tion of lands, dwelling-houses, etc., in the United States, with a view to levying and collecting direct taxes for the support of government. This act was an exceedingly unpopular one, and his acceptance of office under it revived all the old ill-will against him. He, however, discharged the duties of the office, and had the honor of being hung in effigy at Deering. His health and mental vigor becoming impaired, he resigned the office of attorney-general in 1800, and thenceforth devoted himself to the pursuits of a pri- vate citi7.en. Hon. Clifton Claggett^ studied law under the direction of his father and commenced practice in Litchfield in 1787, whence he removed to Amherst in 1811. While residing in Litchfield he represented the town in the General Court several years. In 1802, 1816 and 1818 he was elected a Representative to Congress. In 1810 he was appointed judge of Probate for Hillsborough County, and held the office until September, 1812, when, having been appointed one of the judges of the Superior Court, he resigned. From this last office he was removed, upon the reorganiza- tion of the court, by the Federal party the following year. In 1823 he was appointed judge of Probate for the county of Hillsborough, and held the office until liis death. Dr. John Farmer wrote of him : " Without any com- manding powers, but with the possession of res])ecla- ble attainments, Judge Claggett gave his constituents, and the public generally, that satisfaction which has not always been imparted by those of higher acquisi- tions, or by those of the most popular and splendid talents." Hon. Samuel Dana was born in what is now 1 By Daniel F. Secoiiili. Brighton, Mass., January 14, 1739. He graduated from Harvard, and in 1781 was admitted to the Hills- borough bar. He resided in Amherst. In November, 1782, he was chosen a delegate to the convention which framed the constitution of the State. Shortly after the adoption of the constitution he was ajipointed a justice of the Inferior Court of Common Pleas, but declined to accept the office. In 1785 he was appointed register of Probate for Hills- borough Count)% and held the office until January 9, 1789, when he was appointed judge of Probate. This office he resigned December 21, 1792, saying, in the letter conveying his resignation, that " for the sup- jjort of my family I am obliged to practice as an attorney, and there is danger that I may not always be able to distinguish between a fee to the attorney and a bribe to the judge." In 1793 he was chosen to the State Senate to fill a vacancy caused by the resignation of Hon. Joshua Atherton. He died April 2, 1798. Charles Humphrey Atherton, son of Joshua Atherton, born in Amherst, graduated at Harvard College in 1794; read law with Joshua Atherton and William Gordon ; commenced practice in 1797 ; Re- presentative in Congress 1815-17 ; register of Probate 1798-1837 ; died January 8, 1853. He occupied a prominent place in the Hillsborough County bar for nearly fifty years. He was a prudent and judicious counselor and a faithful advocate. As a Probate lawyer he had few equals and no superiors in the State. He represented the town of Amherst in the General Court in 1823, 1838 and 1839, and served many years on the superintending school committee of the town, ever manifesting a deep interest in the prosperity of its common schools. Franklin Pierce^ was born at Hillsborough, N. H., November 23, 1804. His father. General Ben- jamin Pierce, served throughout the Revolutionary War, and in 1827 and 1829 was Governor of New Hampshire. The early youth of Franklin Pierce ex- hibited great mental promise, and it was the aim of his family that his education should be thorough. His initiatory and academical courses took place at Hancock, Francestown and Exeter, and in 1820 he entered college at Bowdoin, Me., where Rev. Dr. Stone, Nathaniel Hawthorne, John P. Hall, James Bell and others no less celebrated subsequently, were his classmates. He took his degree in 1824 and spent the three following years in the study of law, at North Hampton, Mass., and Amherst. In 1827 he was admitted to the bar, and opened his office in his native town, where his success was speedy and great, largely because his application was equal to his ability. It was early seen in his career that he would attain the very highest local celebrity, — a con- viction that was ultimatelv f'ullv realized. While so - By CoUiiiL-l FiMiiU II. ;iii(l Kirk D. fierce. ■ 'T'TT*' '^■^'^^*'°*?^■~.'^■' '"T' ^:^ li 10 HISTORY 01- ' ccnibt ; ve.yint^ Liills- lary 9,. This in the to di hctween \RLE8 .uiue!j. fifty )C.,:.. .. and a faithful nacl few equals an penors (ding s a deep liur V thai Vmherst 1 (»pen( THE BENCH AND BAR. 11 earnestly applying himself to his duties as a lawyer he espoused himself with great zeal to the cause of Democratic principles, and during the second year of his legal practice, and for two subsecjuent years, he was chosen to represent Hillsborough in the State Legislature. In 1832 and 1833 he was also Representa- tive and Speaker of the House. This and associate h(niors were not won by any underhand action, but by a tirni adherence to political principle, eloquence in debate, unquestioned capacity for public business, uniform courtesy and an exhibition of frankness and manliness of character. In the second year of his incumbency as speaker, being then in his twenty- ninth year, he was elected to represent his native district in the United States Congress, which he did in that and the succeeding Congress with much ability and credit. In 1837 he was chosen by the Legislature to repre- sent New Hampshire in the United States Senate, and his statesmanship was such as to be the subject of universal encomiums among men of all parties. Though one of the youngest, he was one of the most influential of that then most distinguished body. Few public men had such power as he in making friends, and very few had a wider circle of admirers. From causes of a purely personal and domestic nature, Senator Pierce resigned his office in 1842, and came home to Concord, where he had removed his family some years previously, and resumed his profession as a lawyer. In 1845, owing to the vacancy in the United States Senate caused by the appointment of Hon. Levi Woodbury to the Superior bench, the successorship was offered by Governor John Steele to Mr. Pierce, but was gratefully declined. He also declined the nomination for Governor of the State and a seat in the Cabinet of President Polk. In his declinatory letter to the President he said that when he left the Senate he did so with the fixed pur- pose never again to be voluntarily separated from his family for any considerable time, except at the call of his country in time of war. When the Mexican War broke out, in 1847, a battalion of soldiers was called for from New Hampshire, and Mr. Pierce was among the very first to enlist as a private soldier, and one of the most earnest in the ranks at drill. He was com- missioned March 3, 1847, as brigadier-general, and sailed with a detachment from Newport, R. I., and landed at Vera Cruz on the following 28th of June. He left Vera Cruz with his brigade for the Mexican interior the succeeding month to reinforce General Scott. On the way, with his two thousand four hun- dred men, several severe skirmishes with guerrillas took place, in all of which the enemy was defeated. He carried his force, losing very few men, to Pu- ebla, where they joined the army of the command- ing general. Contreras, Cherubusco, Molino and Chapultepec were hard-fought fields, on which he liberally shared the honors of victory, as the offifial reports of these actions abundantly and creditably show. An eminent military officer, in re- viewing the history of these struggles and the merits of the leaders therein, says: "I have reason to believe that every old officer in the army will sustain me when I say of General Pierce that in his service iu Mexico he did his duty as a son of the republic, that he was eminently patriotic and gallant, and that it has added a laurel to his beautiful civic wreath." It would be unjust to his memory to neglect mentioning his remarkable regard for the comfort and health of the men under his command ; with untiring vigi- lance and open hand he administered without stint or measure to the alleviation of their privations and their sufferings. In 1847, when peace with Mexico was assured, General Pierce returned home to meet the welcome of his many friends and to realize the highest honors they could bestow upon him. Among them was the presentation of a splendid sword by the State Legislature, as a token of esteem for him as a man and of his gallantry as a soldier. From the period of his return from Mexico up to 1852 he de- voted himself to his profession, his principal political action being his j^residing at the Constitutional Con- vention of the State, which met at Concord in 1850. Some that are now alive, and were present in court at Manchester, in May, 1850, will never forget the won- derful eloquence, the powerful logic and the amazing legal skill which he exercised preceding the acquittal of both the Wentworths, of Saco, Me., charged with the murder of Jonas Parker, in Manchester, in 1845. As an orator, he presented his thoughts in a style that would do credit to any age or nation. His remarks on the death of Daniel Webster are unexcelled in the English language. In 1852 the New Hampshire State Democratic Convention recommended him as a candidate for the Presidency ; but he declined, for reasons modestly assigned by himself, to allow his name to be used in that relation. However, the Na- tional Democratic Convention, which met in Balti- more in June of 1852, after forty-nine ballots, gave him the nomination by a vote of two hundred and eighty-two against eleven. The enthusiasm demon- strated all over the nation in favor of General Pierce was unprecedented, and the result of the campaign was his election over General Scott, the Whig candi- date, the Pierce electoral vote being two hundred and fifty-four and that for Scott forty-two. President Pierce was inaugurated at Washington March 4, 1853. he being then in his forty-ninth year. He had called to aid him a Cabinet composed of men of rare ability. A member of that cabinet has truth- fully said, — "The administration of Franklin Pierce presents the only instance in our history of the continuance of a Cabinet for four years without a single change in its persointel. When it is remembered tliat there was much dissimilarity, if not incongruity, of character among the memliers of that Cabinet, some idea may be formed of the power over men poss-ssed and exercised by Mr. Pierce. Chivalrous, generous, amiable, true to his friends and to his faith, frank ami bolil in li is declaration of his opinions, he never deceived any one. And if treachery had ever come near him, 12 HISTORY OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE. it would have stood abashed in the presence of his truth, his manliness and his confiding simplicity." Among the more important events of his adminis- tration were the dispute respecting the boundary be- tween the United States and Mexico, resulting in the acquisition of Arizona; the exploration of the routes proposed for a railroad from the Mississippi to the Pacific; the amicable settlement of a serious dispute with Great Britain about the fisheries ; the affair of Martin Kozta ; the repeal of the Missouri Compro- mise; the organization of the Territories of Kansas and Nebraska; the Ostend conference; the treaty negotiated at Washington providing for commercial recii)rocity between this country and the Canadian provinces; the treaty with Japan negotiated in 1854 by Commodore Perry ; the dismissal of the British minister at Washington and the British consuls at New York, Philadelphia and Cincinnati. While much political agitation marked the term of his of- fice, still it was a period of remarkable prosperity to the nation. President Pierce's devotion to his coun- try and flag was never shaken or impaired by any misrejjresentation or abuse on the part of his politi- cal enemies. In public and in private life his speeches and correspondence evince a sincere sympathy with the Union and a devotion to the principles of the Union, to which he had been from childhood a most earnest and sincere advocate. On retiring from the Presidential chair, and after a brief sojourn at home, he visited Europe and trav- eled extensively over Great Britain and the continent. Everywhere he was received with marked attention and respect, although he eschewed all ostentation. He returned after an absence of about three years and devoted himself almost entirely to the duties of a common citizen. Socially, no man had more or deeper respect than he, during the period spent by him in political retirement. He was beloved by young and old, and there was no partisan limit to that affection. President Pierce died childless. His wife was Mary A. Appleton, who gave him two sons, Benjamin and Frank; the latter died when but a child, and Ben- jamin was killed in a railroad accident near Andover, Mass., soon after his father's election as President. Mrs. Pierce died in 1863, and President Pierce passed away October 9, 1869. The event was a universal cause for mourning ; high honors, local and national, were paid to his memory. The family lie buried in the beautiful new cemetery at Concord, N. H. Hon. Charlks Gordon Atherton^ was born at Amherst, in Hillsborough County, N. H., July 4, 1804. He graduated at Cambridge University, in 1818, with unusual reputation for ability and scholar- ship at an early age. He studied law in the office of his distinguished father, Hon. Charles H. Atherton, was admitted to the bar at the age of twenty-one and > By Hon. L. B. Cloush. established himself in business in the town of Dun- stable (now Nashua), in his native county. In his profession his success was decided and his rise rapid. His mind, clear, logical and strong, with the ballast of excellent common sense, the adornments of a quick, fancy and a cultivated taste, was admirably adapted to the studies and the labors of the law. So far as was permitted by the interruptions of political life, he continued to the last in the active practice of his chosen profession. As a lawyer, it is not too much to say of him that he stood in the front rank of a bar which has always been fruitful of legal strength and acumen ; his place was side by side with such com- peers as Pierce, Woodbury, Parker, Bartlett and Bell — following, but not unworthily, in the path of those earlier "giants of the law," Webster, Mason and Jeremiah Smith. In 1830 he commenced his public career as a Repre- sentative from Nashua in the New Hampshire Legis- lature, and continued in this office for a period of several years. He was Speaker of the House of Rep- resentatives for the last three of those years. In March, 1837, he was chosen one of the Representatives of New Hampshire in the national Congress, w'here he remained for three successive terms, At the ex- piration of that period he was transferred to the Senate of the United States for the term of six years ; successor to John P. Hale at being re-elected to the Senate in March, 1853, occupying a seat in that body during the executive session succeeding the inaugura- tion of President Pierce. He was also a member of the Baltimore Convention which nominated General Pierce for the Presidency. Mr. Atherton died Novem- ber 15, 1853. Hon. Charles Frederick Gove, A.M.,'' the son of Dr. Jonathan and Polly (Dow) Gove, was born at Goffstown, May 13, 1793. He graduated at Dartmouth College in 1817; read law at Harvard Law School, graduating LL.B. in 1820 ; began practice in Goffs- town ; was assistant clerk of the New Hampshire House of Representatives in 1829; represented Goffs- town there in 1830, 1831, 1832, 1833 and 1834 ; was in the New Hampshire Senate, and elected its president in June, 1835 ; solicitor of Hillsborough County from 1834 to 1835, when he was appointed attorney-general and served until 1842, and circuit judge of the Court of Common Pleas from 1842 to 1848 ; then became superintendent of the Nashua and Lowell Railroad. He removed from Goffstown to Nashua in 1839 ; mar- ried Mary Kennedy, daughter of Ziba Gay, of Nashua, September 22, 1844. He died at Nashua, October 21, 1856, aged sixty-three years. He was a man of great energy of mind and character, but unfortunately pos- sessed of a feeble constitution. John Gove, D.C., was his half-brother. Judge Gove, in private and public life, sustained the character of an upright, honorable man. Ever of 2 By Hon. L. B. Clough. THE BENCH AND BAR. 13 a slender constitution, yet his industry and energy led him to fill the various public offices with which he was honored with credit to himself and to the general acceptation of the public. He was equally firm in his friendship and in his enmity. Hon. Samuel H. Ayer/ son of Dr. Ayer, was born in Eastport, Me., in the year 1819. He gradu- ated at Bowdoin College in 1839, and afterwards com- menced the study of law in the office of Messrs. Pierce & Fowler, at Concord. He was admitted to prac- tice in Hillsborough County, and opened an office at Hillsborough in 1842. For five successive years he represented the town of Hillsborough, from 1845 to 1849, the last two years of this time being Speaker of the House of Representatives. In 1847 he was ap- pointed solicitor of the county of Hillsborough, and successfully performed the duties of said office until his death. He removed to Manchester in 1850, and opened an office in connection with B. F. Ayer. Although of the same name, he was not related by blood to B. F. Ayer. In 1852 he was one of the commission for revising the statutes of the State, and in connection with the late Governor Metcalf and Calvin Ainsworth, in June, 1853, submitted their compilation to the Legislature, known as the " Compiled Statutes." He was a pleas- ing and effective speaker, frank, generous and just, and won the esteem of all who knew him. Hon. S.- H. Ayer died October 4, 1853, aged thirty-four years. Hon. George W. Morrison.^— The family of Morrison was originally of Scotland, a branch of which emigrated to the north of Ireland about the middle of the fifteenth century, and settled in Lon- donderry. " Charter " Samuel, so called because he was one of the grantees of Londonderry, N. H., was among the first settlers of that town. He was there as early as 1721, and signed the petition for a charter. James Morrison, father of George W., was born in Londonderry, N. H., in 1781, and removed with his father, Samuel, grandson of Charter Samuel, to Fair- lee, Vt., about the year 1791. When quite young he was apprenticed to a carpenter and joiner, served his time faithfully, learned his trade and learned it well, and after his emancipation, followed the business in- dustriously for many years. With the proceeds of his labor he purchased a farm at Fairlee, to which, during the latter years of his life, he devoted his principal attention. Physically, he was a noble specimen of a man ; had a good figure, very strongly built, and weighed more than two hun- dred pounds. He possessed a well-balanced mind, sound judgment and a vigorous understanding. He died in full strength at sixty, without an infirmity or even a grey hair upon him. In 1802 he married Martha Pelton, daughter of John Pelton, of Lyme, N. H. She was a lady of excellent understanding, 1 By Hon. L. B. Clough. 2 By David P. Perkins. modest and retiring in her manners, managed her household with great discretion and good sense, and bestowed upon her family of nine children all the wealth of a mother's love. She died at Fairlee, July 14, 1870, aged eighty-seven years. Hon. George W. Morrison, the second son of James and Martha, was born in Fairlee, Vt., October 16, 1809, lived with his parents and worked on their home farm until the fall of 1830, when he entered the Academy of Thetford, and continued there a little more than four months, thus completing his academic course of study. He then entered the office of Judge Simeon Short, of Thetford, as a student-at-law, and read with him and Presburg West, Jr., in all about four years. But while he was pursuing his legal studies in the offices of Judge Short and Mr. West, he was accustomed to return to the farm and assist his father in haying and harvesting. Reaping was his special delight. No man within the circle of his acquaintance, either in Vermont or New Hampshire, could excel him in the use of the sickle. His father was a man of small means ; he had a large family to support ; money was scarce, and George, who was his chief dependence in carrying forward his farm-work, from a sense of filial duty, rendered him all the assist- ance in his power. At the same time he supported himself by teaching school during the winter months, and by hard labor at night in a saw-mill, in the spring of the year. Sawing logs commanded better wages than teaching in the village school. Mr. Morrison was an ambitious young man, am- bitious for success in all his laudable undertakings, and always took the advantage of every means in his power for improvement. By the laws of Vermont, when he was a student, a justice court was entitled to a jury panel of six. Before such a tribunal he often successfully appeared, even while he was a teacher in the common schools, in the defense of some unhicky yeoman. And so, while he was a teacher one winter in Western New York, he gained quite a reputation as a successful practitioner in the justice courts. Such were his preparations for the great duties and responsibilities of his professional and political life. His mental endowments were of a high order, among the most apparent of which were his keen perceptions and his self-reliance. As a student-at-law, in the practice of his profession, in his addresses to the jury or the court, on the hustings, in the State Legislature and in the halls of Congress his self-reliance never forsook him. At the June session of 1835 the Orange County Court was holden at Chelsea, and Mr. Morrison had the sole charge of Mr. West's extensive business, and tried without assistance every case, with one excep- tion. It was at this term he made application for examination, pursuant to admission. He had flatter- ing certificates from both gentlemen with whom he had read, but on their presentation objections were made by some of the young gentlemen of the bar, on 14 HISTORY OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE. tlu' uniuiiil that the applicant had not complied with the rules, having read less than five years. Judge Nutting, author of Nutting'.s (xranimar, used exten- sivelv in the schools, an accomplished scholar and distinguished lawyer, replied that the young man had not asked for admission to the bar, but for examina- tion ; and as Mr. Morrison believed he possessed a suflicicnt knowledge of the law to justify him in sub- mitting to an examination as to his qualifications, he thought that so reasonable a request ought to be granted. Judge Parker, of Bradford, thereupon moved that a committee of three be api)oiuted for such examina- tion. The motion prevailed, and Judge Nutting, Judge Parker and Mr. Ordway were chosen. The committee held three sessions, of two hours each, and gave Mr. Morrison a most thorough and searching examination, which he passed triumph- antly, and on submitting their report to the bar, he was unanimously admitted. Before entering upon the practice of his profession he traveled somewhat extensively in New York, Pennsylvania, New Hamjishire and Maine, and on his way home from the latter State to Vermont, he 8toi>])ed awhile at Amoskeag Falls, in Manchester. Its immense water-jjower attracted his attention. In conversation with some of the leading citizens, he was informed that a company of Boston capitalists had recently purchased large tracts of land upon both sides of the river, with the view of building up ex- tensive manufacturing interests. He saw clearly a flourishing manufacturing town springing up in the immediate future, as by magic, holding out singular attractions to a young and ambitious lawyer. Acting upon his own judgment, with reference to its capacity and business prospects, he decided to make Man- chester his permanent residence and grow up with the town. It was in the summer of 1836 that he took up his residence at Amoskeag, and opened an office in an old school-house, near the west end of McGreg- gor's bridge, the only bridge at that time across the Merrimack River within the present limits of Man- chester and about half-way between the two villages of Amoskeag and Piscataquog. At that time there were four lawyers at Squog(so called) of some distinc- tion, and two at Goffstown. One of these old lawyers, who had been in constant practice thirty years, often met Mr. Morrison in the justice courts, and at first treated him with contumely and reproach, called him a l)eardless boy, who had received his education in the pastures of Vermont, and now presumed to prac- tice law in the courts of New Hampshire; but a few lessons of sarcasm, a weapon Mr. Morrison knew well how to use with terrible effect, silenced his antagonist, and ever after inspired him with the most profound respect. Mr. Morrison did what little business came in his way during the summer and fall, and in the winter taught the village school. The next spring people flocked in from all the surrounding country, the town was rapidly built up, and he removed his office from the old school-house to the east side of the river, and has continued to reside in and make Manchester his home till the present time. He was a constant at- tendant when the court was in session, whether he had business or otherwise; this particularly attracted the attention of Hon. Mark Farley, who asked, " Why he was always in court?" "To cure the evils of a defective education," responded Mr. Morrison. On the 5th of November, 1838, he married Miss Maria L. Fitch, of Thetford, Vt., a lady of culture and refinement, daughter of the Hon. Lyman Fitch, for many years a county judge in Orange County, afterwards, and until his death, a prominent citizen of Lyme, N. H. Business now poured into his office, and he at once took a front rank among the ablest lawyers of the State at the New Hampshire bar. Early in the practice of his profession he was accustomed to meet as antagonists .such men as Franklin Pierce, Charles G. Atherton, Samuel D. Bell, James U. Parker, Mark Farley, Daniel Clark and many others distinguished for their character and ability, and it can safely be said, "It is no disparagement to any of the eminent men whom he met at the bar in the different counties of the State, that, as a jury lawyer, he was one of the most successful practitioners in his time in the courts of New Hampshire." Among the distinguished men of New Hampshire, Charles G. Atherton stood high, both as a lawyer and statesman. In 1850, at a term of the court for Hillsbor- ough County, holden at Manchester, an important case was tried before the jury, in which Mr. Morrison and Mr. Atherton were engaged as opposing counsel. The trial lasted several days. At last it was concluded ; the arguments were made and the case was submitted to the jury, after which Mr. Atherton invited the writer of this sketch to accompany him to his rooms. Now, Mr. Atherton was an exceedingly gifted con- versationalist. On reaching his chambers at the ho- tel, he asked, "What will be the verdict in this case? Which party, in your judgment, will be likely to win ? " The response was, " I think the chances are in favor of Mr. Morrison." " I am inclined to the same opinion," was Mr. Atherton's reply, and then continued: "When Mr. Morrison commenced prac- tice at the Hillsborough bar I watched him closely, and at first entertained strong doubts as to his success in his profession. He commenced the practice of the law under three great disadvantages, — ill health, a de- fective education and poverty; but on my first ac- quaintance with him I particularly noticed his self- reliance. Nothing that occurred at the bar escaped his attention, for he was uniformly in attendance. Soon he commenced the trial of cases ; his examina- tion of witnesses was thorough and exhaustive, his perceptions were clear, his arguments logical and condensed, and he had the wonderful faculty to seize I THE BENCH AND BAR. 15 the strong points of his case, and so present them to the jury that he seldom failed to win the verdict. If he happened to make a mistake as to the rules of evi- dence, the law or its application, he was sure not to repeat it. I soon made up my mind that he was no eonimou man, that he was bound to rise, and he did rise rapidly, not alone in my estimation, but in the estimation of the people of the county and of the State. And now he stands at the head of the bar. And I tell you in all sincerity that I have never met the man in our courts, in the House of Representatives, or in the Senate of the United States I more fear, or have greater cause to fear as an antagonist, than as such I fear to meet George W. Morrison." In the practice of his profession he was true to his client; especially was he the friend of the poor man, and, apparently, would work harder to win the case for his client when he had no reason to expect ade- quate compensation than for the rich client who was abundantly able and willing to pay liberally. Mr. Morrison, in the best sense, was a man of the people, — easy in his manners and simple in his tastes; unos- tentatious in his intercourse with all, looked down upon no man, but treated every one on terms of equal- ity ; generous to a fault, ever ready to extend the helping hand to those who needed help. It is no wonder that such a man should at once build up and maintain a lucrative business, and become one of the most popular men in his profession. He had been accustomed to athletic sports from his boyhood, and when a young man took peculiar pleasure in a wrest- ling match, in which he often participated. To lay him upon his back required not only well-developed muscle, but generous practice and scientific knowledge. Hon. Moses Norris was a man of powerful physique, and in his prime weighed two hundred and twenty-five pounds, while Mr. Morrison scarcely ever exceeded one hundred and fifty. Though comparatively of slight figure, he was wiry and very elastic. They were warm personal and political friends, and in familiar conver- sation often addressed each other respectively by their given names. On the 4th of July, 1854, both gentlemen were at Washington, D. C, — Mr. Norris a United States Sen- ator and Mr. Morrison a member of the House of Representatives. The Fourth was a holiday, and Congress was not in session. The writer was with them at his rooms on Capitol Hill ; no other person was present. The Senator, in course of conversation, hap- pened to speak of a certain occasion upon which he had exhibited his great strength, to the surprise of the bystanders. Mr. Morrison playfully reijlied, " Mose?, I could lay you out so easily that you wouldn't know how it was done." "Nonsense!" responded the Senator ; " why, George, I could throw you over my head without an effort." " More easily said than done," replied Mr. Morrison. Then, like two grown-up boys, they took each other at arms- length, and soon commenced to wrestle in good earn- est. Mr. Morrison, fully on his guard, waited and watched the chances for a certain inside lock, the advantages of which he well understood. By-and-by he had the Senator in the desired position, and in- stantly dropping upon the right knee, he laid Mr. Norris upon his back without any apparent exertion. The Senator sprang to his feet, and said, " That was handsomely done, George. How in the world did you do it? I did not believe there was a man in Washington who could throw me." Mr. Morrison was elected to the State Legislature, and served during the years of 1840, 1841, 1844, 1849 and 1850. He was one of the most active, useful and eflScient members, and his influence was such the last years of his service that he usually carried the House with him on all the more important measures. He served one year as chairman of the committee on incorporations, and four years on the judiciary com- mittee, two of which he Avas chairman. In 1849 a bill was pending in the House for the incorporation of the city of Portsmouth. That provision in the charter which constituted each ward a town, for the purpose of elections, excited a good degree of interest and vigorous opposition, on the ground of its sup- posed unconstitutionality. It was well understood that this particular and unique clause in the charter was drafted at the suggestion of Mr. Morrison, and that he would give it all the supjsort in his power. The day when he was to speak uj^on the question was known beforehand, so that all who might take an in- terest in the measure and desired to hear the discus- sion could do so. The result was that many of the leading politicians of the State rej^aired to the capital. A full delegation from Manchester, including agents of the corporations and other distinguished citizens, were present. The galleries were crowded, and many of the more favored found seats on the floor of the House. Mr. Christie, of Dover, one of the ablest lawyers in the State, having been selected by the opponents of the measure to reply to Mr. Morrison, took his seat, pen and paper in hand, near, and at the right of the Speaker's desk. At length Mr. Morrison arose, look- ing pale and feeble, for he had been quite ill all the session, but his mind was never clearer. As he went on with his argument with reference to the constitu- tionality of the bill, Mr. Christie at first took a few notes, tlien dropped his pen and listened attentively to the close of the argument. Mr. Morrison sat down; the House was perfectly still ; not a sound was heard ; all eyes were turned expectantly towards Mr. Christie. He did not arise. He declined to speak. The writer was assistant clerk of the House at that time, and asked another distinguished lawyer, a personal and political friend of Mr. Christie, why he declined to answer Mr. Morrison. His reply was, "Mr. Morrison's argument was unanswerable — he was clearly right. And Mr. Christie, upon being con- vinced thitt he was right as to the constitutional 16 HISTORY OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE. question, declined to reply." Though the charters of the cities of the State have frequently been amended, particularly the charter of the city of Manchester, that provision, constituting each ward a town for the purpose of elections, still remains. In 1845, Mr. Morrison was appointed solicitor of Hillsborough County, discharged the duties of the office nearly four years and resigned. He was a member of the House of Representative in the Thirty-first, and was re-elected and served in the Thirty-third Congress. Mr. Morrison's personal and political relations with President Pierce had been for many years of the most intimate and confidential character, and as he was regarded as one of the ablest members of the New Hampshire delegation, the Pres- ident, whose Congressional district he represented, expressed the desire that he support the Kansas-Ne- braska Bill, which he had made one of the leading measures of his administration. He knew very well he could rely upon Mr. Morrison to support every measure of his administration which he deemed would be consistent with his constitutional obligations and for the promotion of the best interests of his country. In a i)er3onal interview with the President, Mr. Mor- rison told him his present convictions were against the bill, particularly that clause in it repealing the Missouri Compromise ; that he would make a careful examination of the measure, and would support it if, in his judgment, the interests of the country would demand its becoming a law. He did examine the bill, and examined it thoroughly, after which he in- formed the President that he regarded it as a most dangerous measure, fraught with evils, which, should it become a law, would lead to the most disastrous re- sults, and, painful as it was to him to differ with the administration upon one of its leading measures, still he must opi)ose it with all the energies of his mind. Among the reasons assigned at this interview as the ground of his opposition to the measure were that the slavery question had but recently been settled by the compromise measures of 1850, and to reopen the subject now, would, in his judgment, be a most dan- gerous experiment, would be disastrous to the Demo- cratic party and to the best interests of the North, and, in his belief, would endanger the perpetuity of the republic itself. In his speech, made a few weeks after this inter- view with the President, Mr. Morrison said,— "On a great question like this— one wliicli will seriously affect the free laborers of the North, will dotormine the institutions of a vast ter- ritor}-; one fraught with fearful elonients of .lisconl, which ultimately may endanger the perpetuity of the Union itself— I can follow but one guide : the convictions of my own judgment. I regret that the friends of this bill had not read and well considered the patriotic denunciation by Jefferson, with reference to sectional parties, before they sprang tliis questi.pn upon Congress and the country. This is the first attempt in our political history to repeal a great compromise of conflicting interests and opinions between the different sections of the country. This meas- ure contains more elements of danger and sectional discord than any po- litical question of the age. If this bill should become a law, I fear the spirit of concession and compromise will have piissed away forever. The Union has, in the judgment of intelligent and patriotic statesmen, been twice preserved from dissolution by concession and compromise. Whea similar questions again arise, as come they may and will, I ask. Can other compromises be made if this is stricken down ? if this shall not bo sacredly kept and faithfully abided by ? Sir, any man conversant with the prejudices which are enlisted and the obstacles to be overcome in tho accomplishment of such compromises must feel and know the danger • and here let me say, if this Union shall ever be dissolved, history will surely point to this as the first stride, the entering wedge which led to dissolution and all its fearful consequences. I have neither time nor in- clination to pursue this thought further. All can see the danger, all must feel it." In this great speech he took the ground distinctly that slavery could not for any considerable length of time be forced upon the people of that Territory ; and from the above extracts copied from that speech it appears that he clearly foresaw, should that bill become a law, all harmony between the different sec- tions of the Union would be destroyed, and ultimately result in civil war. Colonel Thomas H. Benton, of Missouri, who had served thirty consecutive years in the Senate of the United States, and had been elected to the House from the St. Louis District to serve as their Rejjre- sentative in the Thirty-third Congress, was an atten- tive listener during the delivery of this speech, and after its close, remarked to a gentleman who sat near him, "That is a true man sir; a smart man ; a man of brains, sir." He then went forward, took Mr. Morrison cordially by the hand, and congratulated him in the most sincere and friendly manner. Sev- eral days after, the writer of this sketch, called on Colonel Benton at his house, and listened to his con- versation with reference to the excitement over this question which prevailed throughout the North, when he said that "Mr. Morrison's speech on the Kansas- Nebraska Bill was the ablest speech delivered on that question during this excited and protracted debate." Years afterwards, when the whole country was con- vulsed by the great civil war, the Hon. Salmon P. Chase, Secretary of the United States Treasury under the lamented President Lincoln, and subse- quently chief justice of the United States Supreme Court, speaking of Mr. Morrison, said, " He was a man of ability and incorruptible honesty. That his course in Congress on the Kansas-Nebraska Bill had made a most favorable and lasting impression upon his mind." But his crowning success in life was that of an ad- vocate, and as such he will be chiefly remembered. In this respect he was endowed with rare gifts, and has had but few equals and no superiors at the New Hampshire bar. He prepared his cases with great care, frequently after the adjournment of the court; would study the evidence far into the night, prepara- tory to his argument in the morning, when men of less nerve would have considered themselves fit sub- jects for medical treatment. He studied the panel as though it had been an open book, and acquainted himself with the peculiarities of each juror. He was apt to seize the salient points in his cause as they THE BENCH AND BAR. 17 presented themselves to the jury, and to study the effect of the evidence as the cause progressed. He watched the effect upon each juror with great care as the argument proceeded, and could tell with singular accuracy whether he carried his hearer along with him. When he discovered a leaning against him on the part of any doubting juror, he adapted himself to the views of that juror, with arguments so con- vincing, in a manner of such candor, sincerity and truthfulness, and with an influence so mesmeric that he was quite sure to win him over before he closed. Hon. Lewis W. Clark, associate justice of the Supreme Court, formerly a law-partner with Mr. Morrison, said of him, in a recent conversation, — " He was the coolest man under fire I have ever seen in court. The most damaging piece of evidence, so far as the jury could observe, produced no im- pression on his mind ; and he exercised wonderful judgment in handling a dangerous witness. He knew when and where to leave a witness better than any man I ever saw in the trial of causes before a jury." Samuel Dana Bell was born in Francestown, N. H., October 9, 1798. His father was the Hon. Samuel Bell, LL.D., a judge of the Supreme Court, four years Governor of New Hampshire, and twelve years a Senator of the United States. His mother was a daughter of the Hon. Samuel Dana, of Antrim, N. H. He manifested at an early age the love of study which distinguished him through life. He entered Harvard College in his fourteenth year, and was graduated in the class of 1816. He then com- menced the study of the law in the oflice of the Hon. George Sullvan, of Exeter, and was admitted to the bar of the county of Rockingham early in the year 1820. He commenced practice in Mer- editli, where he remained a few months, and then established himself at Chester, then a town of some note and the home of several gentlemen of cultiva- tion, taste and distinction. Entering into practice there, he soon acquired the reputation of being a sagacious, learned and trustworthy lawyer. In 1823 he was appointed solicitor of Rockingham County ; in 1825 and 1826 was a member of the Legislature ; in 1827 and 1828 was clerk of the House of Repre- sentatives. Mr. Bell remained in Chester ten years, and then removed to Exeter, and for some years was cashier of the Exeter Bank. In 1836 he removed to Concord, and in 1839 to Manchester. In 1846 he was police judge of Manchester, and two years later was appointed circuit judge of the Court of Common Pleas. In 1849 he was appointed a judge of the Superior Court, and in 1859 was chosen chief justice, which position he occupied until his resignation, in 1864. Judge Bell possessed rare personal qualifications for a position upon the bench. Dignified in appearance and bearing, he was distinguished for patience and courtesy. He had all an honorable man's aversion 2 to meanness and the lower arts of the profession. He used his position and authority to promote no par- tisan or partial purposes. The duties of his position were always properly discharged. He was a man of very decided opinions. The purity of Judge Bell's public and private life deserves to be mentioned to his honor. The ermine which he wore was unsullied indeed; no shade of wrong or dishonor ever fell upon his name. When he came to Manchester, the present metropolis of the State was a mere village, with its future all undetermined. Judge Bell entered with interest into every movement for the prospective welfare of the town. Among the public enterprises which he was greatly instrumental in establishing was that of the City Library, which, in spite of all drawbacks, is to-day extensive, valuable and incalculably useful to the people. He was also an early member of the New Hampshire Historical Society, and for years held its principal ofiices. He died in Manchester July 21, 1868. Daniel Clark,^ the third child of Benjamin and Elizabeth (Wiggin) Clark, was born in Stratham, Rockingham County, N. H., October 24, 1809. His father was both farmer and blacksmith. He was re- spected by all who knew him for his integrity. He was industrious, frugal, temperate, kind and obliging. His mother was strong-minded, devoted to her family and very religious. She was not indifferent to the good opinion of others, and was ambitious for the success of her family, and especially of her children. They lived upon a beautiful farm, in the upper part of the town, near the historic town of Exeter. The subject of this sketch remained at home under the care and nurture of his excellent parents until he was thirteen years of age, going to the common district school in summer and winter, or so much of the time as it w^as kept, and assisting about the ordinary farm- work in vacation. He learned at school easily, and was more fond of his books than of work upon the farm. At the age of thirteen he was sent with his older brother to the academy in Hampton, N. H., and put upon the common English studies. He did not then expect to acquire a more liberal education, al- though his mother had some undefined notions of a higher course of studies for her son. He continued at Hampton at intervals, there a term and at home a term, helping upon the farm, some four years or more, when he determined to go to college. He jiursued his preparatory studies at Hampton, teaching school two winters, and at twenty was prepared for college. He entered Dartmouth College, graduating, in 1834, with the first honors of the institution. Rev. Dr. Lord, the president of the college, was then in the prime of his life. Although he had presided over the college but a few years, he had already secured the confidence of its friends, so justly merited, as subse- quently shown by his successful administration of the 1 By Hon. Isaac W. Smith. 18 IIISTOllY OF HILLSBOKOUGH COUNTY, NEW HAMPSHIRE. affairs of the college for more than a third of a century. Among Mr. Clark's classmates were Albert Baker, who entered upon the practice of the law at Hillsborough, N. H., and died at the age of thirty-one, his untimely death extinguishing hopes which his short but bril- liant career had caused his many friends to entertain of liis future usefulness; Hon. Moody Currier, LL.D., of Manchester, Governor of New Hampshire; Hon. Richard B. Kimball, LL.D., of New York City, lawyer, scholar and author; Rev. Edward A. Lawrence, D.D., Marblehcad, Mass.; Rev. Newton E. Marble, D.D., Newton, Conn. ; and Professor Alphonso Wood, presi- dent of Ohio Female College. Mr. Clark taught school winters during his college course and while pursuing his professional studies, eight winters in all, including the two years before entering college, defraying, in part, the expenses of his education with the funds re- ceived from teaching. Immediately after graduation he entered the office of Hon. George Sullivan, then the attorney-general of the State, sou of General John Sullivan, of Revolutionary fame, at Exeter, and com- menced the study of the law, remaining with Mr. Sullivan a year and a half. He completed his legal studies in the office of Hon. James Bell, afterwards United States Senator, at Exeter, and was admitted to the bar of Rockingham County in 1837. In the same year he opened an office at Epping, where he remained some eighteen months, and then, in 1839, removed to Manchester, N. H. This thriving city was then just rising from the ground. Not a mill was running, the canal even being unfinished. The only railroad then constructed in the State was the Nashua and Lowell. The telegraph and the telephone had not then been invented. The lumbering stage was the only means of public travel. The rates of postage were high and the mails slow and few. The embryo city was hardly more than a desolate sand-bank, where a few hundred people had gathered, allured by the prospect of business about to spring up with the im- provement of the Avater-power at Amoskeag Falls. Mr. Clark was among the first to open a law-office here. He soon acquired an active practice, which afterwards grew to large proportions, and for twenty years he was employed upon one side or the other of nearly every important trial in the county, attending the courts also in Merrimack and Rockingham Coun- ties. He was employed on behalf of the State in the preliminary examination in the "Parker murder trial," being occupied almost continuously for a period of nearly two months. He succeeded in procuring the extradition from Maine of the supposed murderers after a lengthy trial in that State, and after a hearing, lasting nearly a month, before the Police Court of Manchester, procured their commitment to answer for the crime of murder. Opposed to him as counsel were General Franklin Pierce (afterwards President of the United States), General B. F. Butler, Hon. Josiah G. Abbott and the late Charles (}. Atherton, — an array of legal talent seldom seen in this State. Mr. Clark was employed for the defense in two capital trials in the fall of 1854,— Curtis' and Marshall's. Marshall was acquitted, and in the case of Curtis the jury disagreed. During the period of his active practice the bar of Hillsborough County was unusually strong. Among its prominent members were Benjamin M. Farley, of Hollis; James U. Parker, of Merrimack; George Y. Sawyer and Charles G. Atherton, of Nashua; Samuel H. Ayer, of Hillsborough; and Samuel D. Bell and George W. Morrison, of Manchester. General Pierce, of the Merrimack bar, also generally attended the courts in Hillsborough County. Of these eminent lawyers, Mr. Morrison is the only survivor. General Pierce, as a jury lawyer, had no superior in the State. He had a very pleasing address, was dignified without being reserved, and possessed a magnetic influence over men, which rendered him a formidable antagonist before jurors. But, in many respects, Mr. Atherton stood at the head of the Hillsborough bar as a lawyer and advocate. He was a man of scholarly attainments, possessed a graceful diction, had a good command of language, knew how and when to use sarcasm, could appeal effectively to the passions and prejudices, was thoroughly read in the law and was perfectly at home in the court-room. With these and other able lawyers Mr. Clark spent the most of his active professional life, and he was recognized as their peer. His prac- tice was as varied as it was extensive. Whatever he undertook was thoroughly done. He was loyal to the court, faithful to his clients, courteous to opposing counsel and kind and magnanimous to the younger members of the profession. In his arguments to the jury he was never wearisome. He seized upon the weak points of the other side and the strong jioints of his own side and made them prominent to the jury. He wasted no time on immaterial matters. While he did not possess the personal magnetism of Pierce or Atherton's power of sarcasm, he could put before a court or jury his case with convincing power and in its strongest light, and if success did not always attend his efforts, it was not because he failed to present all the favorable views of his case. Legal papers drafted by him were models of accuracy and clearness. They were also remarkable for their brevity, all useless verbiage being avoided. In his writs the cause of action was briefly and clearly set out, and it was rare that he had occasion to apply for an amendment. His clients became his fast friends. His charges were moderate, and no client went away feeling that undue advantage had been taken of his position or that his interests had not been fully protected. It is unfortunate, perhaps, for his legal reputation that Mr. Clark was drawn into iJolitics. But it was his fortune to live in times when questions of great public interest were being discussed and settled, and it w^as inevitable that a person of his ability, education and temperament should not entertain pronounced views on public questions. In the early part of his professional life there was a difference of opinion as 1 --^'T^ ~ by A.Ji.Hlto !",!-'' I THE BENCH AND BAR. 19 to the wisdom of encouraging the extension of manu- facturing and railroad operations in the State, and unfortunately the question got into politics, and the I two parties took opposite sides. With the acquisition of California came the question of the extension or restriction of slavery, the repeal of the Missouri Com- promise, the civil war, the abolition of slavery and the reconstruction measures after the close of the war. As a rule, the lawyers of New Hampshire have very generally taken an active interest in political ques- tions. Thus circumstanced, it was hardly possible for Mr. Clark not to have some inclination towards politi- cal life. In 1842 he was elected one of the repre- sentatives from the town of Manchester to the Legis- lature, and was re-elected in 1843, and again elected in 1846. In 1854, after the adoption of the city charter, he was elected representative from his ward, and re-elected in 1865. In 1849, 1850 and 1851 he ■was a candidate for the State Senate, but his party being in the minority in the district, he failed of an election. He acted with the Whig party until its dissolution, when he helped to form the Republican party, with which he has since been identified. He was often upon the stump during the campaigns pre- ceding the elections in 1854 and 1855, speaking in every portion of the State, from the sea to the moun- tains. He also took part in the election contests during the decade which immediately followed. Party feel- ing ran high, the contests often being exceedingly bitter. No speaker was received with greater enthu- siasm or addressed larger audiences. It was largely owing to his labors at the hustings that a change in the political sentiment of the State was brought about. In 1856 he was a member of the National Republican Convention, and in November of that year Avas elected one of the Presidential electors in New Hampshire, and voted for Fremont and Dayton for President and Vice-President. In 1855 the Legislature was called upon to elect two United States Senators. For the first time in a quarter of a century, with a single exception, the Democratic party was in a minority. The opposition was composed of the Whig party, then on the point of dissolving, the American party, commonly known as the Know-Nothing party, and the Free-Soil party. These elements, a year later, were fused in the Repub- lican party. By common consent, Hon. John P. Hale was nominated for the short term, and the contest for the long term was between Mr. Clark and the Hon. James Bell. In the Senatorial caucus the latter was nominated and subsequently elected by the Legis- lature. The contest, although warm, was a friendly one, so that when, two years later, in 1857, the Legis- lature was called to fill the vacancy in the office occa- sioned by the death of Senator Bell, in obedience to the common wishes of their constituents, the Repub- lican members nominated and the Legislature elected Mr. Clark. Upon the expiration of his term he was re-elected in 1860 with little opposition. The ten years spent by Senator Clark in Congress constituted the most eventful period in the history of the repub- lic. He witnessed the rise, progress and overthrow of the Rebellion. This is not the time nor place to review his Congressional life. One will get a glimpse of his position upon the slavery question on page '268, volume i., of Mr. Blaine's "Twenty Years of Congress." He served upon some of the most import- ant committees, and was chairman of the committee on claims, and, during portions of two sessions, presi- dent pro tempore of the Senate in the absence of Vice- President Hamlin. He was a firm supporter of the various war measures adopted for the suppression of the Rebellion, and had the confidence of President Lincoln and Secretary Stanton. He failed of a re- election in 1866, as his colleague. Senator Hale, had done two years before, not from any lack of apprecia- tion of the invaluable services they had rendered the country, nor of the honor they had conferred upon the State by their course in Congress, but because the rule of rotation in office had become so thoroughly ingrafted in the practice of the Republican party in the State that a departure from it was not deemed wise, even in the persons of these eminent states- men. In the summer of 1866 a vacancy occurred in the office of district judge of the United States District Court for the district of New Hampshire, and Senator Clark was nominated for the position by President John- son, and unanimously confirmed by the Senate. He thereupon resigned his seat in the Senate and entered upon the discharge of his judicial duties. The wisdom of his selection has been justified by his career upon the bench. The office of the district judge does not afford such opportunity for public distinction as the bench of some other courts, the jurisdiction of the court being limited principally to cases arising under the constitution and laws of the United States. New Hampshire, from its size, location and business rela- tions, furnishes only a small amount of business for the Federal courts, and not much of that generally of public interest. In addition to holding his own court, Judge Clark has frequently been called to hold the Federal courts in other States in the First Circuit. He has brought to the discharge of his judicial duties the same learning, industry and interest that charac- terized his labors at the bar and in the Senate. His decisions have commended themselves to the profes- sion for their soundness and fairness. Judge Clark, apparently indifferent to tlie preservation of his opinions, has neglected to put them in shape for publication in the reports of the First Circuit, to the regret of his professional friends and admirers. He has now (1885) been upon the bench nineteen years. He was entitled, under a law of Congress, to retire in 1879, upon the salary for the rest of his life. But he has preferred to earn his salary, and "to wear out rather than rust out." With his physical strength but slightly impaired, his mind as vigorous as in the 20 IIISTOIIY OF lULLSBOKOUGH COUNTY, iNEW HAMPSHIRE. years of his full manhood, he, at the age of seventy-five, gives promise of many years of future usefulness. In ISTd he was ameniher anil presiilent of the con- vention called to revise the constitution of New Hampshire. Judjie Clark, in 16^'>U, formed a copartnership with his brother David in the j)ractiee of the law, which wsis dissolved by reason of the ill health of the latter, in 185G. In December, 185G, he entered into copartner- ehij) with Isaac W. Smith, now upon the Supreme bench of New Hampshire, who read law with him in IH4S-,>0. Their firm was dissolved in December, 1861, at which time his practice of the law may be said to have substantially ceased. So much of his time was absorbed with Congressional duties, and other public duties between sessions, growing out of the disturb- ances caused by the civil war, that he had but little time or inclination to follow the courts or attend to the calls of clients in the ollice. Judge Clark has been fully identified with the growth and history of Manchester. He has taken great interest in its material prosperity, and has merited and received the confidence of its inhabitants. Besides representing the town and city five years in the Legislature, he has held various oflices of trust, viz. : member of the School Board, chief engineer of the Fire Department, trustee of the City Library, city solicitor, trustee and president of the Manchester Savings-Bank, director of the Amoskeag Manufac- turing Company and trustee of the State Industrial School. No citizen of Manchester, with possibly the exception of the late ( Jovernor Straw, has exerted so much influence for its growth and prosperity as he. As he looks to-day ui)on this beautiful city of forty thousand jieople, and their busy mills, well-paved streets, shady sidewalks, fruitful gardens and peace- ful homes, he, if any one, may repeat the words of the Roman poet, " Quorum magna parsfui." Juilge Clark has not failed to take a deep interest in his Ahna Mater, which, in 18(j(j, honored herself, as well as him, by conferring upon him the degree of LL.D. In lsr,\, upon the invitation of the City Councils of Manclusler, he delivered a eulogy upon the life of President Lincoln, and in 1880, upon the invitation of the alumni of Dartmouth College, a eulogy upon the life of Judge George F. Shepley, before that a.Hsociation, l»oth of which were subse- quently published. In 18GU, on the occasion of the centennial anniversar)' of the founding of the colleo-e he delivered an address bef<»re the alumni at the invitation of the trustees. A copy was requested for publiriition, wliich, unfortunately, was withheld too late for it to ajipear with the other i)ul>lislK(l pro- ceedings of that occasion. Judge Clark has contributed liberally to the suj)- port of preaching, worshiping with the Unitarians. Hia views corrt-sptjnd with those of liev. Dr. A. P. I'ea- body, of Cambridge, Ma.ss., or with the views of what may be called the Orthodox Unitarians. He has no sympathy with the doctrines of the ultra portion of that denomination. In more recent years he has worshiped at the Franklin Street Congregational Church (Orthodox), Rev. Dr. George B. Spaulding, pastor. Judge Clark has been twice married, — the first time, in 1840, to Hannah W. Eobbins, who died in October, 1844, leaving no children ; the second time, to Anne W. Salter, in 1846, who is still living. He has had four children, — three sons and one daughter. The two oldest are living, engaged in the practice of the law in Manchester. One son died in infancy, and the daughter when between two and three years of age. Hon. William C. Clarke.^ — Among the public men of New Hampshire who have lately passed away, none was more widely known in the State, or more sincerely respected, than Hon. William Cogswell Clarke, of Manchester. He was born in Atkinson, N. H., December 10, 1810, being the eldest sou of Greenleaf and Julia (Cogswell) Clarke. His father was a farmer and master-mason, the constructor of many fine business buildings in the neighboring town of Haverhill, Mass., and a highly-esteemed citizen of Atkinson, Avhere he served as selectman andjusticeof the peace. He was descended from Nathaniel Clarke, a merchant of Newbury, Mass., who died in 1690, and from Captain Edmund Greenleaf, of that place, an officer of repute in the wars of the early colonists with the Indians. The wife of Greenleaf Clarke was a daughter of Dr. William Cogswell, of Atkinson, who Avas a surgeon in the Revolutionary army, and at one time chief of the Military Hospital at West Point. William C. Clarke pursued his early studies at At- kinson Academy, of w^hich his maternal grandfather was one of the founders, and then entered Dart- mouth College at the age of eighteen years. He was graduated with high honors in the class of 1832, which included Professors Noyes and Sanborn, of Dartmouth, and the late Samuel H. Taylor, LL.D., the noted instructor at Andover, Mass. Immediately becoming principal of Gilmanton Academy, beheld the position for one year, while beginning the study of law. He continued his legal studies in the Har- vard Law School, in the ofiice of Stephen Moody, at Gilmanton, and in that of Stephen C. Lyford, at Meredith Bridge (now Laconia), N. H. On his ad- mission to the bar, in 1836, he began practice in the latter town, and on the creation of Belknap County, at the close of 1840, he was appointed county solici- tor. He held this position until the spring of 1844, when he removed to Manchester, and continued the practiceof his profession. Two years later he was one of a committee of seven chosen by the town to petition the Legislature for a city charter, and at the first city election, in August, 1846, was the Democratic candidate for mayor. There being two other candi- 1 From Clarke's " Successful New Hampshire Men. THE BENCH AND BAR. 21 dates, there was no choice, and he withdrew his name before the second ballot, in September. In the same year, however, he consented to act as chief engineer of the Fire Department of the young city, and he re- tained this position till the close of 1848, having a number of leading citizens as his assistants. In 1849 he was elected to the office of city solicitor, which he held for two years, and in 1850 he served as a member of the State Constitutional Convention. Appointed the judge of Probate for Hillsborough County in 1851, he obtained the judicial title which clung to him thereafter. In 1854 he was again the Democratic candidate for mayor, but the Whig ticket was successful. A year later Judge Clarke was ten- dered, by Governor Metcalf, an appointment to the bench of the Supreme Court, but he declined the posi- tion. As judge of Probate he discharged his duties with high public approval, but his removal from this office, in 1856, was included in the sweeping political changes which began in 1855. In 1858 he served as a member of the Manchester Board of Aldermen. Soon after the death of the Hon. John Sullivan he was appointed, in 1863, to succeed him as attorney- general of the State, and, receiving a reappointment in 1868, he continued to fill the office until his death, in 1872. From the time of his admission to the bar until he became the chief prosecuting officer of the State, Judge Clarke was actively engaged in private legal practice. He early acquired