Chapter XI: Front Matter (11)
In politics, he was formerly a Whig, but now acts with the Democrats. He was principal Secretary of the Great Union Convention that nominated the late David Tod for Governor.
Judge Coffinberry has been successful in almost every undertaking, and has richly deserved it.
James Mason.
No member of the Cleveland legal fraternity stands higher in the respect of his colleagues and the general public, both for legal abilities and personal qualities, than James Mason. As a lawyer he stands in the front rank of the profession, his extensive reading, well balanced judgment, and logical reasoning, making him one of the most reliable counsellors and successful practitioners, whether before a court or a jury, whilst no more valuable or respected citizen is found among the list of residents of Cleveland.
Mr. Mason was born in the Autumn of 1816, in Canton, Ohio, of Vermont stock, his parents having early emigrated to this State. He was carefully educated at a good school in Trumbull county, and spent two years in Western Reserve College. In 1835, he entered the senior class in Jefferson College and graduated with the class of 1836.
On leaving College he studied law with Hon. A. W. Loomis, in New Lisbon, Ohio, and was admitted to the Bar in 1839, when he practiced in partnership with his preceptor until 1845. With the close of this partnership he went abroad and spent some time in foreign travel, returning in 1851, when he removed to Cleveland and opened a law office. His abilities and assiduous attention to business soon brought him a large and remunerative practice. Among other business he became the legal adviser of the Cleveland & Toledo Railroad Company, and also one of its directors. The value of his connection with the company was speedily recognized and acknowledged. Business of the highest class came to him until he has come to find his time fully occupied by the best class of practice.
The duties of his profession, though laborious, are not allowed to engross the whole of his time to the exclusion of domestic pleasures and social enjoyments. The general culture of Mr. Mason's mind, in addition to his legal attainments, and his affable manner, make him an agreeable companion for social intercourse, and together with his sterling qualities as a man, and his patriotism as a citizen, have won for him a host of friends warmly attached to him, and loyally resolved to do him honor.
Mr. Mason was married in 1853, to Miss Caroline Robinson, of Willoughby. Of this marriage there are five children.
Daniel R. Tilden.
The name of Daniel R. Tilden has long been familiar in Cleveland and its vicinity. For fifteen years he has held the office of Probate Judge of Cuyahoga county, and from the nature of his office, has been brought into connection with a large proportion of the citizens, and become intimately acquainted with their personal and family affairs. Many of these business acquaintances became warm personal friends, and it is believed that neither by his official, nor by his private life, has Judge Tilden made one real enemy.
Mr. Tilden was born in Lebanon, Connecticut, November 5th, 1806, He received a fair common school education, and on reaching his eighteenth year, left his native State for the South, residing four years in North Carolina and Virginia. But the South was not a congenial soil for the son of the genuine Yankee State, so he turned his steps westward, and set out for Ohio. At Garrettsville, Portage county, he halted awhile, and then went to study law with Mr. Pierson, at Ravenna. To complete his legal education, he entered the office of R. P. Spalding, and studied with him for some time.
In 1831, a movement was on foot to agitate the question of abolishing slavery. The movement was exceedingly unpopular, and it required considerable nerve to profess abolition sentiments. Now, when no other principle is avowed, it scarcely seems possible that men, now among us in the prime of life, had to endure obloquy, ridicule, and even danger, for expressing sentiments that no one now dreams of dissenting from. Among the first to espouse the abolition doctrines was Judge Tilden. With Robert F. Paine he commenced the work of organizing an Abolition Society in Garrettsville, the first of the kind in Portage county. In this work he labored with unwearied zeal, and became extensively known as one of the most prominent and active of anti-slavery leaders.
In 1832, Mr. Tilden was elected justice of the peace, and continued in that office four years; soon after the conclusion of the term, he formed a law partnership with Judge Spalding, at Ravenna. This arrangement continued about four years, when he formed a partnership with W. S. G. Otis, which lasted about three years, and was terminated by Judge Tilden becoming prosecuting attorney, an office he held four years.
In 1842, Judge Tilden was elected to Congress as a Whig, from the district composed of Summit, Portage, and Trumbull counties, and was in the House of Representatives during the exciting debates relative to the annexation of Texas and the Mexican war. He, with twelve others, took a bold stand against the war, making several speeches of very marked ability. He and his associates, among whom were Gov. Vance, Columbus Delano, and Joseph Root, refused to vote for the bill furnishing means to carry on the war, because of the preamble to the bill, which said: "Whereas, we are, by the act of Mexico, become engaged in war," &c., &c. This, Judge Tilden and his associates considered false, they would not vote for the bill until it was stricken out, and the names of these thirteen were sent throughout the country surrounded with a funeral border.
At the Baltimore Convention that nominated General Scott, Judge Tilden represented Lake and Summit counties; and at the Philadelphia Convention that nominated Taylor, he represented Summit, Trumbull, and Portage.
In 1852, Judge Tilden removed to Cleveland and formed a law partnership with Hon. H. B. Payne. Two years afterwards he was elected Probate Judge, of Cuyahoga county, and filled the position with such marked satisfaction to his constituents that he was re-elected at the close of every term, and still holds the office he has filled for fifteen consecutive years.
When practicing law, Judge Tilden was distinguished for his abilities as an advocate, and his qualifications for the judicial office he fills is attested by his repeated re-elections to it. His officiai conduct has been marked by uniform kindness, attention to the duties of his office, and the interests of those having business with it, and a constant endeavor to do right by all, whether rich or poor, learned or ignorant. If he has committed any errors--and no Judge, from the Supreme Court down, but must plead guilty to some--they have been errors of judgment only, and not of interest. No one can deny to Judge Tilden unimpeached honesty of purpose, warmth of heart, and an earnest endeavor to deal justly with all men.
Charles W. Palmer.
Prominent among the young men of the profession who promise to take and worthily fill the places of the old leaders of the Cleveland Bar now partly superannuated and soon to retire from active life, is Charles W. Palmer.
Mr. Palmer was born in Norwich, New London county, Connecticut, September 8, 1826. Nine years after, his father, Joseph B. Palmer removed to Cleveland with his family, and was for a time engaged in the storage business on the river. He is now in the employ of the Cleveland & Pittsburgh Railroad Company. Charles had only the advantages of the common schools until he was sixteen, but before he reached that age he had manifested an industry at his books which promised well for his future. He taught school on "the ridge" West of Cleveland, walking out to the school house and back before and after school hours, and at the same time prosecuting his own studies. He prepared for College under Rev. S. B. Canfield and W. D. Beattie, of Cleveland, and when nearly eighteen was admitted to Western Reserve College at Hudson. He graduated in 1848, with the highest honors of his class. For two years after graduation he was principal of the High School in Akron, and the next year a tutor in Western Reserve College. Coming to Cleveland again after this, he studied law in the office of Judge Foote, and was admitted to the Bar in the Fall of 1853. In the Spring of the following year he made his first success in political life, being elected to the City Council. In the Spring of 1859, he was elected city attorney. The duties of this office he discharged satisfactorily to all, and found the practice it brought a material help in his profession. In the Fall of 1863, Mr. Palmer was elected prosecuting attorney for the county. Here he was brought very prominently into notice by the successful prosecution of several important cases.
In his profession, Mr. Palmer has been a constantly rising man, until now he is on one or the other side of most of the important cases in our courts. His reputation as a criminal lawyer is especially high. In 1865, he prosecuted the celebrated Hughes murder case successfully. Two years afterwards he defended McConnell, the murderer, and in 1868, defended Mrs. Victor, in one of the most remarkable poisoning cases ever brought into court. His argument in the latter case was a masterpiece of legal acumen, forcible exposition, and polished speech. Mr. Palmer began the practice of law in Cleveland in the firm of Palmer & Austin. Afterwards he was associated with R. B. Dennis, Esq., and at present he is senior in the firm of Palmer & De Wolf.
In July, 1819, Mr. Palmer married Miss Sabrina Parks, of Hudson, Ohio. This estimable lady died in little more than a year after the marriage, leaving a son but a few weeks old. The son still survives. In 1855, Mr. Palmer married Miss Minerva Stone, a sister of Mr. S. S. Stone, of Cleveland. This second wife died in childbed eleven months after marriage, and in 1858, Mr. Palmer married his present wife. She was Miss Lucy Hubbell, a daughter of Calvin Hubbell, Esq., of New York. By this marriage there is a son now about ten years old.
In politics, Mr. Palmer has been a member of the Republican party since its organization. He gave the war for the Union an earnest, active and powerful support. No man appreciated more thoroughly the principles involved in that contest, and few indeed have the power to present those principles so well as he. His party services have been numerous and efficient. A man of fine personal appearance, with a fair, open face, which carries with it the conviction of sincerity in all he says, possessed of a grace of manner which makes it a pleasure to hear him on any subject, and having such a command of language as to enable him to put his thoughts in the fittest words, he is of course a favorite speaker always. He has a conscientiousness in all he does, which never allows him to treat carelessly any matter, even in an unexpected public speech. There are few men in Cleveland who carry so much weight in speaking, whether it be before a court and jury, or to a general assembly of people. Taking an intelligent interest in all public affairs, he yet devotes himself studiously to his profession, in which he has as bright prospects as any man at his age need wish for.
William Collins.
William Collins was born at Lowville, New York, the county seat of Lewis county, February 22, 1818. He was a son of Ela Collins, who was a son of General Oliver Collins, of Oneida county, New York, and Maria Clinton, daughter of Rev. Isaac Clinton, of Lowville.
Mr. Collins read law with his father, and was admitted to practice in the courts of New York, at Rochester, in September, 1813. In October, 1843, he formed a copartnership with his father, under the firm name of E. & W. Collins. They continued in active and successful practice until the death of his father, in 1849. Immediately after Mr. Collins' admission to the Bar, he was elected, as the successor of his father, public prosecutor. This office he held until 1846, when he resigned, having been elected, by the Democratic party, in November, 1846, at the age of twenty-seven, a member of the House of Representatives, in the Thirtieth Congress. The district represented by him was composed of Lewis and St. Lawrence counties. He was in Congress in the years 1847-8-9, during the first agitation of the question of extending slavery to the free territories. Mr. Collins opposed the proposed extension with much zeal and ability. Among his speeches will be found one delivered July 28, 1848, on the "Bill to establish the territorial government of Oregon," advocating the Wilmot Proviso. Apart from its merit as a brilliant literary production, it contains many passages that will be read with much interest by the general reader, as showing the beginning of the end at which we have arrived. Slavery itself having now become a matter of history, we think it will be of interest to introduce the following extracts from the Congressional Globe of July, 1848:
I shall assume, then, sir, that the institution does not exist in our
late Mexican acquisitions, but that it has been effectually prohibited.
The real question, then, is shall the laws securing _freedom_ in these
Territories be abolished, and _slavery_ established? This is indeed,
sir, a question of the gravest magnitude. To millions of the oppressed
and degraded children of Africa, it is an issue upon which depends all
that is dear to them in life--all that is bitter in the hour of death.
It seems to me, sir, that they are even now stretching forth their dark
hands, and beseeching us, in the name of the God of liberty whom our
fathers worshipped, to remove from them the poisoned cup of bondage--to
forge for them no more chains. The termination of this question also
involves the dearest interests of every person in this country who
desires to sustain himself by honorable labor. It intimately concerns
our national honor, reputation, and progress in the great family of
nations. The two hundred and fifty thousand immigrants who annually land
upon our shores are in pursuit of 'free soil and free labor.' Can we
pronounce in favor of slavery, without danger to our experiment at
self-government? If we thus decide, what will become of the cherished
hopes of the friends of civilization, Christianity, and human progress?
Those who insist upon preserving freedom in the Territories, have no
desire to disturb the institution of slavery in the States. The
Constitution confers upon them no such authority. They could not
interfere with it if they would, and they would not if they could. They
have ever heretofore been, and still are, ready strictly to fulfil the
constitutional provisions upon this subject.
I shall aim to discuss this question with a proper regard for the most
sensitive feelings of our brethren of the slave States, but also, sir,
with a plainness commensurate with its profound importance. The
legislatures of thirteen of the States of the Union, including Delaware,
which still has two thousand slaves, have passed resolutions instructing
their Senators and requesting their Representatives in Congress to
oppose any further extension of slavery. There is but one sentiment upon
this subject throughout the free States--it is that of eternal and
_uncompromising_ hostility to the project. They will never consent that
the free and virgin soil of the Territories shall be blighted and cursed
by the tears of the slave, while they have a will to determine, or a
muscle to resist.
The proposition to make this Government the instrument for planting
slavery upon soil now free, is regarded by a few at the North as so
improbable and monstrous, that they have refused to believe that it is
seriously entertained. Startling as the proposal is, it is nevertheless
true.
* * * * *
Another argument employed by these apologists is, that the 'Proviso,' or
a law prohibiting slavery in these Territories, is unnecessary; that it
is an abstraction--a 'firebrand' employed by demagogues and factionists
to kindle strife in the Democratic party; that the Territories are now
free, and that they will so continue, unless an act of Congress is
passed establishing slavery. It is impossible to avoid asking ourselves
why, if these gentlemen are sincere--if they truly believe that slavery
can not and will not go there, and they do not desire that it
should--why they so strenuously oppose the passage of such a
prohibition? If their views are correct, then such a law would be a mere
harmless superfluity. But, sir, this '_firebrand of freedom_' is a thing
more exalted and noble than a mere abstraction. It is wielded by men of
strong arms, adamantine will, and hearts animated by the divine impulses
of patriotism and liberty. They have registered a vow in Heaven to
employ every lawful and constitutional means to roll back the dark tide
of slavery from the temple of Freedom, and vindicate the character of
the Republic from the disgrace and reproach of establishing slavery in a
free territory. We are no abstractionists. The Representatives in this
Congress from the fifteen slaveholding States of the Union, without an
exception, and without distinction of party, avow an intention to carry
their slaves into these Territories, and there hold them in bondage.
They assert, with passionate vehemence, that they have such a
constitutional right. They have even told us, sir, that, regardless of
the remonstrances of the people of the North--heedless of any
prohibitory law of Congress upon the subject, they would invade the free
soil of the Pacific, and take with them their slaves, and weapons of
defence! Are these declarations abstractions? Do they make no appeal for
immediate, energetic and prohibitory legislation?
When driven from every other argument, gentlemen of the South
threaten, that if the 'Proviso' or a law prohibiting slavery in free
territory, is passed, they will dissolve the Union. At the North, the
dissolution of the Union is not regarded as among possible events. Its
value is never calculated. It has been cemented by too many common and
glorious sacrifices and struggles; it is protected by too many pious
invocations of its magnanimous founders, to be easily severed. The
cause by which these fraternal bonds are sundered must be other than a
refusal on the part of the free States to allow the Government to
establish slavery in free territory. A submission to the will of the
majority is a fundamental principle of our institutions. If the North
are overborne in this contest, they must and will submit. If the
demands of the South are denied by the decision of the majority, a like
cheerful and ready acquiesence is expected. Until, however, the
majority have decided, no legal and constitutional efforts to exclude
slavery from these Territories will be abated by passionate threats
against the peace and perpetuity of the Union. The Union would never
have been formed had the present demand of the slave States been made
and insisted upon. A proposition in the Constitutional Convention to
make the Government a propagandist of slavery in free territory, would
have been indignantly rejected.
Whilst we stand here, upon the floor of the American Congress, at the
noon of the nineteenth century, gravely discussing whether or not we
will extend and perpetuate slavery, the monarchical governments of
Europe are striking off shackles and 'letting the oppressed go free.'
Slavery has been abolished by the French colonies. Portugal, Spain,
and Russia, are moving in the work of emancipation. Within a few
years England has given liberty to eight hundred thousand slaves. She
has expended, within the last forty years, one hundred millions of
dollars in suppressing the slave trade. Is it reserved for the
Government of 'free, happy America,' in the midst of examples like
these, to be fastening corroding chains upon human beings? Sooner
than be involved in such stupendous guilt, let our name and existence
perish among the nations.
On the part of the North no 'compromises' can be made. But one answer--a
stern, unyielding NO--will be given to all such proposals. We have
made all the concessions that we can make, or ought to make. If a law
under the name of a 'compromise' is passed, planting slavery upon a
single square mile of free territory, it will have no rest. REPEAL! will
be shouted from the mountain tops of the North, and reverberated in
thunder tones through the valleys. The preservation of 'free soil for
free men,' will alone be satisfactory. For this purpose, the passage of
an act of Congress prohibiting slavery in free territory, will be
unceasingly urged, until the great measure is consummated.
During this Congress, although the anti-slavery-extension men were in a minority in both branches, all compromise bills were defeated, and their defeat was due in a good degree to the industrious and vigilant efforts of Mr. Collins, and a few associates in the House.
Mr. Collins was tendered a renomination to the thirty-first Congress, but having determined to remove to the West, he declined, and Preston King was elected in his stead. He continued, with much success, the business of the late firm of E. & W. Collins, until December, 1853, when he removed to Cleveland and opened a law office. He was soon elected a director of the Merchants Bank of Cleveland, and of the Lake Shore Railway Company. Subsequently he became a director in the Bellefontaine Railway Company; the Cleveland, Columbus, Cincinnati and Indianapolis Railway Company; the Jamestown and Franklin Railway Company, of Pennsylvania; the East Cleveland Street Railroad Company; the Mercer Iron and Coal Company, of Pennsylvania, and the Merchants National Bank, of Cleveland, the active duties of which positions have absorbed very much of his attention and time. He has occasionally appeared in the courts here in litigated cases, but has mainly confined his professional work to his office. Mr. Collins had a high standing as a lawyer in New York, and has fully sustained his early reputation here. He is most remarkable for an admirably fair and clear way of stating and arguing to the court and jury, the questions both of law and fact. This contributed greatly to his success, not only as a forensic advocate, but as a political orator, and legislative debater.
The sympathies of Mr. Collins having always been on the side of freedom, he joined the Republican party on its organization, and has remained faithful to its principles. When the Rebellion broke out he threw himself heartily into the cause of the Union, and contributed freely with money and labor in every available way for the furtherance of the Union cause. He served on the local military and other committees, working faithfully and energetically, and contributing largely to the excellent record Cleveland and the county made during the war, by repeatedly and promptly filling the quota of troops required, and by liberal contributions in aid of the sick and wounded soldiers. Whenever an effort was needed, the voice of Mr. Collins was heard exhorting the people earnestly to energetic action and liberal contributions, and his exhortations were promptly and efficiently seconded by his own example. With him precept and practice went together.
Such men as Mr. Collins would do the people valuable service were they chosen to fill responsible places in the legislative councils and executive departments of the State and Nation. But in these days something more than--or it may too often be said--something different from abilities of the description possessed by Mr. Collins, seems to be required to secure the favor of the people, or rather of the political managers. He is of too ingenuous a nature to yield to the intrigues and servility, too often, now-a-days, demanded of political candidates by the managers.
On November 20th, 1816, Mr. Collins was married at Columbus, to Jane, second daughter of the late Alfred Kelly--the two families having been early neighbors and friends in New York. Two children of this marriage survive, Frederick and Walter, the former seventeen years of age at the present time, and the latter fourteen.
Rufus Percival Ranney.
Rufus P. Ranney, one of the most profound jurists this country has produced, was born at Blandford, Massachusetts, October 30, 1813. His father, Rufus Ranney, was an honest, industrious farmer, of Scotch descent. His mother, whose maiden name was Dottie D. Blair, came from revolutionary stock.
About the year 1822, Rufus Ranney removed with his family to Ohio. After a short stay at Fairport, Lake county, they finally located at Freedom, Portage county, where they made a permanent settlement upon a farm. It was there that Rufus P. Ranney spent the years of his early manhood, and there his parents lived until their decease. Judge Ranney's father was highly respected in the neighborhood where he lived, and, though in humble circumstances, did all within his power for the education of his children, training them in the pathway of honesty and integrity--traits of character which have marked the public and private career of his distinguished son. His mother, an amiable woman who had received a good education, was very attentive to her children, and her son, Rufus P. doubtless owes much of whatever he has been in life to her early teachings.
Until he became of age, Rufus P. Ranney was engaged upon his father's farm, obtaining, during the winter season, a few weeks education at such schools as a country village then afforded. He attended the college at Hudson for a season, but circumstances prevented his remaining long enough to graduate with his class.
In the year 1835, having determined to make a start in life for himself, he left his home and traveled on foot to Jefferson, Ashtabula county. In a speech made by him at Ashtabula in September, 1868, he referred to the time of his arrival at Jefferson, his worldly goods consisting of the clothing upon his person, and _one_ extra shirt, which he carried in the top of his hat.
Entering the office of Benjamin F. Wade, he applied himself with diligence to the study of the law, and after a clerkship of one year was admitted to the Bar. Soon afterward he entered into partnership with his preceptor. The firm of Wade & Ranney was a powerful one, and "ruled the circuit" of North Eastern Ohio. For several years it enjoyed an extensive practice. The firm was dissolved upon the removal of Judge Ranney to Warren, (1844,) and Mr. Wade was soon afterward chosen President Judge of the Third Judicial District, from which position he was transferred to the Senate of the United States.
In 1846, and again in 1848, Judge Ranney was an unsuccessful candidate for Congress. In the Trumbull district the Whig party was largely in the majority, and though Judge Ranney was defeated, he ran considerably ahead of the general ticket, reducing the Whig majority to hundreds, when before, that party had triumphed by thousands.
The people having determined that a convention be held to form a new constitution, Judge Ranney was chosen to represent the counties of Trumbull and Geauga. The convention was held in 1850. It was composed of the first men of the State; both parties seem to have vied with each other in sending their ablest representatives. There were William Medill, its President, who afterwards became Governor of the State; the venerable Ex-Governor Vance; Henry Stanbery, late Attorney General of the United States; Peter Hitchcock, for thirty years a judge of the Supreme Court; Benjamin Stanton, long a member of Congress; Judges Joseph E. Swan, Sherlock J. Andrews, Simeon Nash and William Kennon; Charles Reemelin, D. P. Leadbetter, William Sawyer, and others not less prominent in the Judicial and political annals of Ohio.
In that convention, Rufus P. Ranney greatly distinguished himself. Although but thirty-six years of age he commanded the respect and admiration of all its members, and won for himself a high reputation as a sound lawyer and ready debater. No one was more looked to for advice, and none more generally correct in giving it. He was, in fact, a leader, whose council, in almost every instance, was acceded to by the convention. All the propositions which he introduced were for the welfare and benefit of the people. In the official report of the debates will be found his views upon nearly or quite all of the questions which agitated the convention. He was the champion of the people against monopolies, and many of the most important provisions in the constitution are the work of his hand.
The course which he pursued met the hearty approval of the people and made his name prominent throughout the State. In response to the wishes of the members of the legal profession, and the general desire of the public, he was, by the legislature of 1851, chosen one of the judges of the Supreme Court. When the new constitution went into effect, he was elected to the same position by a large majority.
Judge Ranney occupied a place upon the Supreme Bench until 1856, when he resigned on account of ill health. That year he was a member of the Cincinnati National Convention, which nominated James Buchanan for President.
In March, 1857, Judge Ranney, unsolicited on his part, received from President Buchanan the appointment of United States Attorney for the Northern District of Ohio. This position he held until July, when he resigned. He then removed to Cleveland, where he resumed the practice of his profession, as a member of the firm of Ranney, Backus & Noble.
In 1859, Governor Chase tendered him the appointment of commissioner to examine and report upon the condition of the State Treasury, this being soon after the Gibson-Breslin defalcation, by which the State lost several hundred thousand dollars. Judge Ranney declined this appointment. The same year he was unanimously nominated by the Democratic State convention as the candidate of that party for Governor--his opponent on the Republican ticket being the Hon. William Dennison, of Franklin county, late Post-Master General of the United States. After a most gallant canvass, Judge Ranney failed of an election, though he ran ahead of the other candidates on the ticket in all parts of the State.
In 1862, against his personal wishes, he was nominated by the Democracy for Judge of the Supreme Court. He consented to be a candidate only after the convention had _positively refused_ to accept his declination. The Republican nominee was his law partner, the Hon. Franklin T. Backus, one of the most prominent members of the Cuyahoga Bar. The result was the election of Judge Ranney by a decided majority, and although party lines were closely drawn, he again ran ahead of his ticket several thousand votes.
He held the position of judge of the Supreme Court until 1864, when he resigned. Some months afterwards he resumed the practice of his profession in connection with his son-in-law, Mr. T. Kelley Bolton.
During the same year, (1864) he was chosen one of the delegates at large to the Democratic National Convention, which nominated George B. McClellan for President, and was selected by the Ohio delegation as the member from Ohio of the Democratic National Committee, holding that position until 1868. In the late Presidential campaign, his name headed the Democratic electoral ticket. This closes his public record. It is an interesting one, and though briefly given, exhibits this fact, viz.: the confidence and regard in which he has ever been held by the Democracy of Ohio. Year after year his voice has been heard throughout the State in defence of the Constitution and laws, and the honors which his party have bestowed upon him, are but a merited tribute to his energy, ability, and integrity of character.
As a lawyer, Judge Ranney has ever held the front rank in his profession. His practice has been extensive and important; probably no attorney in the State has, during the past ten years, been retained in as many cases. Possessed of a strong, discriminating mind, capable of enduring long continued mental labor, he unites with activity and energy a determined spirit, which enables him to overcome obstacles which would appal most men.
Judge Ranney is as logical as eloquent, and when his great reasoning powers are brought into full sway, formidable must be the opponent to overcome him. His arguments in court are peculiarly appropriate, clear, calm, and strong; without wordy declamation, vehement gesture, or passionate appeal; he seldom fails to carry his point, even when the odds seem overwhelmingly against him.
Judge Ranney has a mind richly stored with not only the treasures of his profession, but of ancient and modern classics, and the best literature of the day. He is a great reader, and though he writes but little, whatever proceeds from his pen is marked by elegance and culture.
As a Judge, he was courteous, affable and indulgent. His decisions are his best _monuments_. They exhibit profound learning, sound judgment and extensive research. No judge was more popular upon the Bench. Dignified and benevolent, he enjoyed in an eminent degree the confidence of the Bar and the public. He had the constant respect of those who differed from him in opinion, and when he resigned his seat upon the Bench, the best men of all parties expressed regret at his retirement from a position which he had so much adorned. Pre-eminent in legal knowledge, Rufus P. Ranney has reflected honor upon the judiciary of our country, and is one of the ablest of the many learned men who have graced the Supreme Bench of our State with their presence.
Charles Taylor Sherman.
The Sherman family was among the earliest settlers in Massachusetts and Connecticut. They and their descendants were men of note in their respective Colonies, of strong, practical minds, pure and lofty in moral tone and character.
They were early actors in the settlement and development of Ohio. Taylor Sherman, the grandfather of the subject of this sketch, was a judge of one of the Superior Courts of Connecticut, and was one of the trustees of the Fire Land Company, to whom was granted, by the State of Connecticut, the lands now comprised by the counties of Huron and Erie, in Ohio. As early as 1800, he was in Ohio, and also in subsequent years, attending to the surveying and allotting the lands to the owners, who suffered from fire in the excursions of Arnold and Tryon, in Connecticut, in the Revolutionary war.
His son, Charles R. Sherman, and father of Charles T. Sherman, emigrated to Ohio in 1810, and settled in Lancaster, Fairfield county, Ohio. He early became distinguished at the Bar, among the strong and able lawyers then practicing in Central Ohio. In 1824, he was elected one of the judges of the Supreme Court of Ohio, and died in 1830, whilst in the performance of his duties.
Charles T. Sherman, of whose life these notes are made, was born in Lancaster, February 3, 1813, and is Ohio born and reared. He was educated and graduated at the Ohio University, in Athens, Ohio, in 1832, and admitted to the Bar in 1835. He settled in Mansfield, Richland county, and continued in the practice of his profession until he was appointed judge of the United States Court for the Northern District of Ohio, in Mardi, 1867.
He never sought to obtain any public office, but rather carefully avoided it. He always esteemed it fortunate that he resided in a county and section in which the majority was opposed to him in political sentiments. He however took a leading part in developing and forwarding public improvements in his county. He contributed liberally by his labors and influence in locating and constructing through his county the Pittsburgh, Fort Wayne & Chicago Railroad, and the Mansfield & Sandusky Railroad. For many years he was a director in both roads, and general soliciter of the Pittsburgh, Fort Wayne & Chicago Railroad, and a leading spirit in its management.
He was also appointed by Mr. Lincoln to serve four years as one of the Government Directors of the Pacific Railroad, and largely contributed to its success in its early days.
The Bar of Richland county always ranked among the first in Northern Ohio. Among the oldest members who were in full practice when Judge Sherman went there, were Jacob Parker, afterwards Judge of the Common Pleas, Andrew Coffinberry, one of the most genial and kind hearted men, and, withal, an excellent lawyer, John M. May, who commenced the practice of the law in 1815, and is still living, and James Purdy, Orris Parrish of Columbus, William Stanbery, of Newark, Hosmer and Henry B. Curtis, of Mt. Vernon, and Edward Avery, of Wooster, afterwards Judge of the Supreme Court, all practiced in that county. In later days and cotemporaneous with Judge Sherman, were Thomas W. Bartley, Jacob Brinkerhoof, and Josiah Scott, all of whom occupied the Bench of the Supreme Court of Ohio, James Stewart, Judge of the Common Pleas, S. J. Kirkwood, afterwards Governor of Iowa, and U. S. Senator from that State, together with R. G. Hurd and Columbus Delano, of Mt. Vernon, and C. L. Boalt and J. M. Root, of Norwalk.
Judge Sherman ranked with those later and younger members of the Bar, and enjoyed a practice equal to any, and more lucrative probably, than any of them. He was quiet and unostentatious in his profession, and, seemingly, only sought to do his whole duty to his clients and obtain the good will of his fellow citizens.
A short time after the breaking out of the rebellion, he was appointed Provost Marshal of some twenty counties in Northern Ohio, by the War Department, and organized four regiments that went into the service, and subsequently served on a commission to settle and adjust claims on the Government arising in the West.
Upon his appointment to the Bench he resigned his position on the Railroads, with the intention of devoting his whole time to the duties of his judicial office. For more than two years he has presided with entire satisfaction to the public and the members of the Cleveland Bar, proving himself to be a strong, capable, common-sense, business judge; and by his habitual courteous demeanor has made a host of legal and other friends during his short residence in this city.
Rufus P. Spalding.
In a work professing to deal with the "representative men" of Cleveland, it is eminently proper that he who has represented the interests of Cleveland in Congress for six years with a fidelity unsurpassed by any of his predecessors in the national councils, and who won for the district he represented a prominence hitherto not accorded to it, should find a conspicuous place. The six years' service of Judge Spalding in Congress as the Representative from the Eighteenth Ohio District forms a period in the history of the city of which the citizens, irrespective of party predilections, have reason to be proud.
Rufus Paine Spalding is a native of Massachusetts, having been born on the 3rd of May, 1798, at West Tisbury, on the island of Martha's Vineyard. The remote ancestor of the Spaldings was Edward Spalding, who is recorded as having been "made a Freeman" at Braintree, Massachusetts, in 1640. Edward Spalding's son Benjamin emigrated from Massachusetts to Connecticut about fifteen years after that date, and settled in Plainfield, Windham county. The great grandson of Benjamin Spalding, and the father of Rufus Paine Spalding, Dr. Rufus Spalding, had in 1798, been for some time a resident of West Tisbury, where he practiced medicine.
When his son was fourteen years old Dr. Spalding removed to Connecticut and resided in Norwich. Rufus P. Spalding, having been prepared for college, entered Yale at the proper time, and graduated in 1817, with the degree of Bachelor of Arts. The class in which he graduated contained names that afterwards acquired lustre in judicial, legislative, and ecclesiastical circles.
From the first Mr. Spalding's tendency was towards the legal profession, and immediately on leaving college he prepared himself by study for the practice of the law. He was fortunate in the choice of an instructor, having entered the office of the Hon. Zephaniah Swift, Chief Justice of Connecticut, who is known to the profession as the learned author of the "Digest." He profited so well by the instructions he received, that, on his leaving the office, Judge Swift complimented him highly on his proficiency, and predicted for the young lawyer a successful career, if he remained true to his profession. On completing his term of reading law, and being admitted to the Bar, he left New England to push his fortune in the West, and in December, 1819, reached the old "Post of Arkansas," removing soon after to Little Rock, where he put out his shingle as a lawyer, in partnership with Samuel Dinsman, who has since reached the gubernatorial chair of New Hampshire. Here he remained about a year and a half, when he turned his face eastward, and in passing through Ohio, stopped at Warren, the county town of Trumbull county. Here he was induced to remain, the chances of practice being represented as good, and his profound knowledge of law, ability in making that knowledge serviceable, and unwearied industry, enabled him to soon build up an extensive legal connection, which he retained and increased during his sixteen years stay in Warren.
From Warren he removed to Ravenna, in the adjoining county of Portage. He had not long been in the county before the people recognized the abilities and power of Mr. Spalding, and he was chosen to represent that county in the State Legislature. The contest for the position was sharp, for Mr. Spalding was a new man in the county, and it was considered by many proper that older residents should represent so important a constituency. But the recognized ability of Mr. Spalding outweighed all objections on the ground of recent residency, and he was elected by a majority of one.
During his term in the Legislature, and mainly through his efforts, the county of Summit was erected, and Mr. Spalding at once became a resident of the new county by removing his place of residence to Akron. At the next election he offered himself as a representative of Summit in the legislature, and was accepted. On the organization of the House of Representatives he was chosen speaker, and won the approbation of the whole body by the ability and impartiality with which he presided over the proceedings. During this term of office the question of repudiating the State debt was broached. Mr. Spalding took strong ground against such a course, holding it not only disgraceful but suicidal. In this he was supported by the late John Brough, then Auditor of State, and largely through the bold and persistent opposition of these gentlemen the scheme was dropped.
In the Legislative session of 1848-9, the two houses of the General Assembly united in electing Mr. Spalding a judge of the Supreme Court of the State for the constitutional term of seven years. But when four years of the term remained unexpired, the operation of the new constitution ended the pending terms of all offices, and devolved the election of Supreme Court judges upon the people instead of on the General Assembly. Judge Spalding declined being a candidate for the office in a popular canvass, and so the advantages of his ripe legal and judicial knowledge was lost to the Bench of the State. Concurrent testimony shows that no decisions were held in greater respect by the lawyers and the public, for their uprightness and justice, whilst to the legal fraternity in particular, they commended themselves by their logical force, and terse, clear, emphatic style and precision of expression that rendered them models of judicial literature. His judicial opinions are contained in volumes 18, 19 and 20 of the Ohio Reports.
On his retirement from the Bench of the State, Judge Spalding returned to the practice of the law with renewed ardor. Cleveland, presenting a wider field for the exercise of his abilities, he removed to that city and at once took front rank among the many able members of the profession. His profound knowledge of the law, power as a debater, and his ability of creating a strong impression on both courts and juries, built up for him an extensive and lucrative practice. When he spoke he carried conviction, it being all but impossible to resist the solid array of arguments and terse, incisive style. The same characteristics that made him afterwards so powerful in Congress had great effect on the most intelligent juries, and exercised a marked influence on the judges engaged in trying the causes in which he was interested as advocate.
Although the law claimed his first attention, and was his choice, Judge Spalding was no indifferent spectator of the course of politics. He had been trained a Democrat, and was a powerful worker in that party. But all his convictions were on the side of justice and freedom, and when, in 1850, the Fugitive Slave Law wedded Democracy to slavery, Judge Spalding, in common with thousands of others, broke through the party traces, and joined the "Free Soil" party, opposed to the extention of slavery. At the Free Soil convention of 1852, he was an active and prominent delegate, and on his nomination, John P. Hale was made the candidate for the Presidency.
On the formation of the Republican party, pledged to the restriction of the slave power, Judge Spalding took an active part in carrying out the principles of that organization. He was a member of the Pittsburgh Convention of 1856, at which the party was organized, and was a delegate at large for the State of Ohio at the Philadelphia Convention that nominated John C. Fremont. From that time he labored earnestly for the success of Republican principles, and the good effect of his efforts were frequently acknowledged by the party.
In October, 1862, he was chosen to succeed Mr. Riddle as Representative of the Eighteenth Congressional District in Congress. The wisdom of the choice was almost immediately made manifest. Judge Spalding had not long occupied his seat in the House of Representatives before "the member from the Cleveland District" became noticed for the interest he took in questions of importance, the soundness of his views, and the ability with which they were urged. He took part in all the leading debates, and with such effect that he commanded the attention of the House whenever he spoke, and the leaders listened respectfully to his suggestions. He was appointed a member of the Standing Committee on Naval Affairs, and of the Committee on Revolutionary Pensions, and on the formation of a Select Committee on the Bankrupt Law, he was made its Chairman. In committee he was noticeable for his punctuality, patient and conscientious attention to the drudgery of committee work, and the system with which he was enabled to despatch large amounts of it satisfactorily.
In 1864, he was re-elected to his seat, and in that term was made a member of the Standing Committee on Appropriations, and retained his former position on the Committee on Bankruptcy, the chairmanship of which was held by Mr. Jenckes. In this Congress Judge Spalding took a leading part in the important debates on the subject of Reconstruction, and impressed his influence on the Legislation upon this matter. In the early days of the session he made a speech, in which he indicated the measures he regarded best adapted for the for the purpose of properly reconstructing the rebel States. The speech attracted great attention, both within and without Congress, and the suggestions therein contained were for the most part subsequently adopted, and worked into the Reconstruction Laws. The military features of Reconstruction, which formed an integral part of the legislation, originated in an amendment proposed by Judge Spalding, when the first Reconstruction Bill of Thaddeus Stevens was presented.
In 1866, he was again re-elected to Congress, his national services, as well as his fidelity to the local interests of his constituents, having secured for him that distinguished compliment. In this Congress he continued to occupy a prominent position, and was recognized as one of the leading men on the Republican side, though not so thoroughly partizan as to accept all the measures proposed in the name of the Republican party. He differed occasionally with the dominant section of the party, when he believed their zeal outran discretion and sound policy, and the judgment of the country has in most cases pronounced him to have acted rightly. In this Congress he served on the Committee on Appropriations, the Committee on the Revision of the Laws of the United States, and upon the Joint Committee on the Library of Congress. In the debates on the financial questions that enlisted the attention of Congress at this session he took a leading part, and in May, 1868, he delivered a speech on "The Political and Financial condition of the Country," which took strong ground against the unconstitutionality of the Legal Tenders, whilst approving the passage of the Legal Tender Act as a measure of military necessity at the time. With this Congress Judge Spalding's legislative career closed. The duties of the position, always faithfully performed by him, were growing too onerous, and at his time of life, though still full of activity and healthy vigor, it was urged that he should enjoy more ease than was possibly consistent with his idea of a proper fulfillment of the trust of member of Congress. He therefore wrote a letter to his constituents several months before the period of nomination, positively declining a renomination, and withdrawing from public life.
The determination of Judge Spalding to withdraw from active political life was a matter of surprise and regret to his colleagues in Congress, who had learned to value his sound judgment, ripe scholarship, earnest patriotism, and great legislative ability. It was a positive loss to the people of the Eighteenth Ohio District, for never had the interests of that district been better cared for. To Cleveland, especially, he proved in reality a representative member. The wishes of his constituents were promptly attended to, their interests carefully guarded, and no stone left unturned in the endeavor to benefit the city and its people. In the Congressional session and out of it, he was ever on the watch for opportunities to advance the interests of his constituents, and in complying with the daily requests for advice and assistance, he did so, not grudgingly or reluctantly, but with earnestness and hearty good will, as if it were a matter of his own personal concern. The withdrawal of Judge Spalding from public political life, was a loss to the national councils in which he had achieved distinction, but was a still greater loss to the constituency he represented.
Judge Spalding has returned to the legal profession, of which he ranks among the brightest lights, and finds in its practice, and in the quiet enjoyment of social and domestic life, a satisfaction which his public career, brilliant as it was, failed to give. In his seventy-second year, he is yet in the full enjoyment of all his faculties, physical and mental, and is the picture of sound health and mental vigor.
Judge Spalding has been married twice. In October, 1822, he was married to Lucretia A. Swift, oldest daughter of his preceptor in legal studies. Seven children were born of this marriage, of whom but three yet live: Col. Zeph. S. Spalding, United States Consul at Honolulu, Brevet Captain George S. Spalding, First Lieutenant 33d U. S. Infantry, and Mrs. Lucretia McIlrath, wife of Charles McIlrath, of St. Paul, Minnesota. In January, 1859, Judge Spalding was married to his present wife, oldest daughter of Dr. William S. Pierson, of Windsor, Connecticut.
W. S. C. Otis.
W. S. C. Otis was born in Cummington, Hampshire county, Massachusetts, August 24th, 1808. His father was a farmer in narrow circumstances, who, owing to the loss of property, was able to bestow upon his children only such an education as could be obtained in the district schools of a purely agricultural district. Books were scarce, and as poor in quality as meagre in quantity; but being a lad with literary tastes, a desire for information, and an omnivorous appetite for reading, every book that fell in the way of young Otis was eagerly seized and its contents ravenously devoured. The life of a poor farmer, with its ceaseless drudgery and petty needs, was distasteful to the lad, and he was anxious to obtain a collegiate education, and thus become fitted to fight the battle of life with brain instead of muscle. His ambition was not discouraged by his father, but there was a great difficulty in the way of its gratification--the want of money. Mr. Otis was utterly unable to give his son any pecuniary assistance, though ready to resign his claim on his son's time; an important sacrifice when the demands of a large family and the straitness of his means are taken into consideration. Application was made for admission to West Point Military Academy, but unfortunately a Congressman's son was also a candidate for the appointment, and of course the friendless son of a poor struggling farmer had to go to the wall. This was a heavy blow and sore discouragement.
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Cleveland Past and Present: Its Representative MenChapter XI: Front Matter (11)
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