i-ircf^'.^iii-: V 151 CORNELL UNIVERSITY LIBRARY BOUGHT WITH THE INCOME OF THE SAGE ENDOWMENT FUND GIVEN IN 1891 BY HENRY WILLIAMS SAGE Cornell University Library F 157A4 A62 Address delivered before the Allegheny C 3 1924 028 852 106 olln Overs The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028852106 C^^>L ^^^^^-^^^^--/^ ^^ y^^^^ /"^^^^^^^T^-^-^'-y^ ♦^.^^A^-c f^ A D D R ESS DELIVERED BEFORE THE DECEMBEE 1, 1888. SKETCHES OF PROMINENT LAWYERS OF THE ALLEGHpi; .eOUNTY bAR OF THE LAST, CENTIJRY-MD' r' EARLIER YEARS OF f HIS. ' ^ ,-; , ■ ; . BY- HON. DANIEJ. JGNEW, %1^.D: REPRINTED PEOM ■" The l^'Bliiits-rtljirANiA MAGAziNE 'OT History and Biosra^phj*." ' ALEXANDER ADDISON. (Born In Morayshire, Scotland, 1758. Died 1807.) ^jrh.^',^ ^■'ff^)^^\ .> %^' ADDRESS TO THE ftLLEGHENY COUNTY BAR ASSOCIATION, DEJOEIVIBER 1, 1888. Mr. Pkbsident and Gentlemen op the Allegheny Countt Bar Association : I declined your appointment as historian of the bar and bench of Allegheny County. I found that the admissions to this bar in 1863 had been six hundred and fifty. The correspondence and labor of collecting information and the compilation of even a partial number of sketches would ex- tend over many months, resulting in a large book instead of a modest pamphlet appropriate to this occasion. I there- fore undertook to ftirnish a few sketches only of promi- nent lawyers of the last century and earlier years of this. Brief as these must be, they occupy a large space. But too much cannot be sacrificed to brevity. It would be to omit much that is interesting, and leave virtues, peculiarities, and true character often obscure. The life of an upright, honorable, and learned lawyer is full of instruction. He is in the front of active business, and his example useful. Intrusted with vast interests and 2 Address to the Allegheny Cowniy Bar AssodaMon. called to advise, often under the most painful and delicate circumstances, he is the confidant and most trusted person in society. His integrity and learning are of the highest order. Vulgar prejudice assigns to the profession a lower position, where artful tricks and dishonest schemes hold a greater sway. True it is, and as sad as true, there is too much of these prevailing in the lower grades. But there is much of high and honorable character left, and many there are whose places cannot be easily filled and whose loss is sincerely mourned. It is of such I fain would write. But to raise from the ashes of dead generations the forms of those who existed nearly one hundred years ago — of those who played con- spicuous parts and even dazzled the eyes of their contem- poraries with the brilliancy of their genius, or commanded their admiration by the force of their intellects — is a work of labor now scarcely possible. Around many names tradi- tion circles bright halos of light, giving promise to the hope, but, when approached, which fade away, leaving only shadowy forms, finally disappearing in darkness. Of the millions who crowded the earth a century ago, who are now known ? Their very names are lost. Noth- ing remains, yet the same sun shone on them as brightly, they chased happiness as eagerly, and followed the phantoms of fancy as fondly as we do ; and, as we, they thought not of the fleeting foot-falls of time and of the coming hours, when all would be forgotten and not even a rack of memory be left behind. Such is the work I am called to perform, in raking among the ashes of the dead past. Our starting period is the erection of the county of Alle- gheny by the Act of the 24th of September, 1788. In the following year the county embraced all the territory lying east of the Allegheny and southwest of the Monon- gahela and Ohio Rivers, now bounded by the counties of "Westmoreland and "Washington, and all the territory north and west of the Ohio and Allegheny Rivers, bounded by the New York and Ohio State lines. It was over this vast spread, largely of wilderness, that many whom I am to sketch Address to the AUeghem) Cmmiy Bar Assodaiion. 3 performed their parts. Peace with the Indian tribes was not concluded until August, 1795, by the treaty of General Anthony Wayne at Fort Greenville, ratified by the Senate of the United States December 22, 1796. The Fifth Circuit of the Courts of Common Pleas of the State, under the Constitution of 1790, was established by the Act of 13th April, 1791, and was composed of the counties of "Westmoreland, Fayette, Washington, and Alle- gheny. Of this circuit the first president judge was Alex- ander Addison, a man of great note and many virtues, and worthy to begin our sketches. ALEXANDER ADDISON. Born in Ireland, according to an early note, but in Scot- land, according to family tradition, he was of Scottish descent, and was educated at Edinburgh, according to the same note, but at Aberdeen by family tradition ; and was licensed to preach by the Presbytery of Aberlowe. Coming to Western Pennsylvania, he was, on the 20th of December, 1785, permitted by the Redstone Presbytery (Brownsville) to preach within its bounds. For a short time he preached at Washington, Pennsylvania, then studied law, was ad- mitted there, and admitted in Allegheny County December 16, 1788, and in 1791 was commissioned president judge. Judge Addison was eminent for his culture, erudition, correct principles, and his patriotism. Living in troublous times and during the Whiskey Insurrection of 1794, he was sorely tried; but all his efforts were on the side of good order and lawful government. An earnest advocate of the adoption of the Federal Constitution, he was antagonized by those who opposed it, and by some who were impreg- nated with the loose and virulent ideas of the French revo- lution. This antagonism led finally to his impeachment at Lancaster in 1802. After a trial, the most flagitious ever urged on by vicious hate and obnoxious partisanship, he was convicted and sentenced to be removed from office, and ever afterwards to be ineligible to the office of judge in any court in this commonwealth. But insolence and enmity 4 Address to the Allegheny Comdy Bar Association. failed to rob Mm of his good name, and it has descended to posterity surrounded by a cloudless lustre and unstained by the impotent attempts to blacken and defame it. In his volume of Eeports, and his charges to juries, and essays may be read the fidelity, learning, and impartiality of the judge and the luminous virtues of the man. He died ]S"ovember 27, 1807, leaving descendants loved and admired by the community. JAMES BOSS. The bar of the decennial between 1790 and 1800 was one of marked character and ability. Foremost was James Ross, a man of culture, erudition, legal learning, eloquence, and forensic ability. In person an Apollo, with the propor- tions of an Ajax, his mental was superior to his bodily vigor. He was born in York County, Pennsylvania, July 12, 1762 ; his father being the Hon. Thomas Ross. In the West we first notice him as a teacher of a Latin school at Canonsburg, before 1784, under the patronage of his friend, the Rev. Dr. McMillan, of pious memory. He was led to study law by the recommendation of Hugh Henry Brackenridge, then a prominent lawyer in the West. The time of his admission to the bar in Washington County is uncertain. He was admitted in Fayette County in Decem- ber, 1784, and in Allegheny after its erection, December 16, 1788. He became conspicuous for his eloquence, persuasiveness, learning, and logical statement. To a fine manner he united force and polish in his address, and soon rose to distinction. Impelled by the circumstances of the times, he took a lead in politics. They were full of excitement and inci- dent, were calculated to bring out all the talent of the day, and Mr. Ross became a marked leader. On the pre- sentation to the people of the Constitution of the United States for adoption, he was found among its able advocates and defenders, and was ranked among the Federalists. In the formation of the Constitution of Pennsylvania of 1790 he took a leading part. He strongly opposed the Whiskey Address to tJie Allegheny Ommiy Bar AssodaUon. 5 Insurrection of 1794, making a speech in opposition in Washington, where he resided, of two hours' length. But the fiery zeal of David Bradford, a leader in the opposition to the government excise on whiskey, carried the people with him, and they resolved to go to Braddock's Field, a place of meeting of the insurgents. Defeated then, he resolved to attend the meeting there. Historically the fact is well known ; he appeared there, with Hugh Henry Brackenridge and others ; hut his previous speech, his subsequent course, and his well-known service to the government leave no doubt of his purpose to be there to observe the proceedings and not to be an actor, — a matter in which Mr. Bracken- ridge was less fortunate, for his motive has never been clearly vindicated, though much has been written in his defence. A supporter of "Washington, Mr. Ross was on the 8th of August, 1794, on account of his bold and open stand on the side of law and order, appointed a commissioner to confer with the insurgents. Judge Jasper Yeates and William Bradford, attorney-general, were joined with him as com- missioners. In this service he displayed marked ability. To him Hugh Henry Brackenridge owed largely his escape from a prosecution for high treason, for the apparent part he took with the insurgents. Mr. E.OSS was three times a candidate of the Federal party for governor; but, Pennsylvania having followed the fortunes of the Democratic party, he was defeated by Thomas McKean in 1799 and 1802, and again by Simon Snyder in 1808. It was during the last campaign this femous couplet was repeated by the supporters of Snyder : " Jimmy Boas, He's a hoBs ; But Simon Snyder, He's the rider." He was also a senator of the United States from 1794 until 1803. After his defeat by Simon Snyder, Mr. Boss retired from politics and pursued his profession in the west- ern counties, chiefly in Allegheny. In the latter part of 6 Address to the AUeghmy Oownty Bar Association. his life he became fairly wealthy from the rise in the value of real estate of which he became a pretty large owner. The court-house recently burned, the site also of the present magnificent building, was erected on property purchased of him. I remember well the high, close board fence which separated his property from the remainder of Grant's Hill, then open and the parade-ground of the militia and kite-ground of the boys. His dwelling and office stood on a rise, at about fifty or sixty feet eastward of the old Fourth Street road. In these pages I shall refer to the numbered " avenues" as " streets," as they were always known to me and in the times treated of in these sketches. Prom this office emanated a number of law students, among them my school-companion and friend Cornelius Darragh. Mr. Ross came occasionally into the court after I came to the bar. I was so fortunate as to hear his argument in the Supreme Court at September Term, 1830, in the Diamond Court-House, before Chief-Justice Gibson and his associates. The case was then a great case, — an ejectment for land occu- pied by "West Elliott, at the mouth of Saw-Mill Run, opposite the Point, — involving titles acquired under the State of Vir- ginia while she claimed this part of "Western Pennsylvania. The plaintiff claimed under General Hand, whose title rested on a Pennsylvania warrant and patent and on two Virginia entries. "Walton, under whom the defendant claimed title, held also a Virginia certificate. The counsel were W. "W. Fetterman, James Ross, John Kennedy, and "Walter Forward. Ross spoke about half a day. Kennedy's argument was as long as one of his opinions when he became a supreme judge, a whole day, — and Forward spoke less than two hours, making a most terse and lucid argu- ment. Ross's argument was remarkable for its smooth and polished periods, the beauty and finish of its delivery, as well as for its cogency. In the latter part of his life, though not then considered intemperate, he occasionally came under the warming influ- ence of wine. Then a peculiarity noticed by others, I have seen myself, when walking he always took the middle of Address to the AUegheny Oownty Bar AssodaMon. 7 the street. My last recollection of Mm was when going beside him, up the steps of the Bank of Pittsburgh from Third Street. What led to the quotation of Pope's line I do not remember, but as we entered he said, " Fools rush in where angels fear to tread." Mr. Ross was married to a daughter of Colonel George Woods, of Bedford, a sister also of John Woods, the cele- brated lawyer. She died September 14, 1805. He, himself, died at Pittsburgh, November 27, 1847. HUGH HENKY BKACKENEIDGB, Contemporary and prior to James Ross lived Hugh Henry Brackenridge, a noted man in his day. He was born at Campbellton, in Scotland, in the year 1748. When he was five years old his father, a poor farmer, emigrated to America, and settled in the so-called " Barrens" of York County, Pennsylvania. The son, a bright youth of energy and force of character, by night-study and recitation to a neighboring clergyman, acquired sufficient knowledge to become a country school-teacher. Through saving and industry he was able to reach Princeton College, teaching two classes for his own instruction in others. He remained a tutor for a time after graduation, and then took charge of an academy in Maryland. Thence he removed to Philadel- phia, studied divinity, and was licensed to preach. A writer of ability, patriotic and pithy, he wrote for the United States Magazine of Philadelphia. In 1777 he served as chaplain in a Pennsylvania regiment of the Revolutionary War. Afterwards abandoning divinity, he studied law with Judge Chase, of the Supreme Court of the United States, and after admission came to Pittsburgh, in 1781, reaching the head of the bar before Allegheny County was erected, and after its creation was admitted there December 16, 1788. Elected to the legislature in 1786, he there advocated an instruction to Congress to urge the free navigation of the Mississippi, a fact which doubtless aided to influence Mr. Jefferson afterwards in the purchase of Louisiana. In the discussion upon the Constitution of the United 8 Address to the AUeghemy Comdy Bar AssoeiaHon. States he advocated its adoption, separating from his friends Gallatin and Findley, who opposed it. The most doubtful part of Mr. Brackenridge's life was that during the "Whiskey Insurrection of 1794, when he ap- parently sided with the insurgents. That he was a delegate, met with the insurgents at Parkinson's Ferry and at Brad- dock's Field, opposing the collection of the excise on whiskey, and seemingly approving of their proceedings, there is no doubt. But it is said his purpose was to prevent excess and lead to a more prudent and peaceable mode of redress. Yet after the arrival of the militia under Presi- dent "Washington, with Alexander Hamilton, secretary of the treasury, he was so strongly suspected by Hamilton that he was marked by him for arrest. Then it was that James Ross interfered in his behalf, explained to Hamilton what he said was Brackenridge's true position, and averted proceedings. Hamilton addressed a note to him stating the suspicion and the final exoneration. Still the cloud rested on him so much, his son. Judge Henry M, Brackenridge, a man of fine genius, defended his course in a book upon the "Whiskey Insurrection, intended as a vindication of his fiither. James Eoss, Judge Jasper Teates, and "William Bradford, attorney-general, had on the previous 8th of August been appointed by President "Washington commissioners of the United States to confer with the insurgents, " in order to quiet and extinguish the insurrection." The ill feeling between Judge Yeates and Judge Brackenridge, when on the bench together, probably was owing to the part Yeates took in this commission. Perhaps the true attitude of Mr. Brackenridge is exhibited in his letter of August 8, 1794, to Tench Coxe, Esq., recently published in the Magazine of Western Mstory. From this letter, written before the marching of the troops to Pittsburgh, we discover that he was a strong and even bitter opponent of the excise system, believed the govern- ment would be unable to suppress an insurrection of the people against it, and was disposed to consider it as involv- Address to the Allegheny County Bar Assodaiion. 9 ing a general rising in the "West and tlie organizing of a new government, including parts of "Western Virginia and Western Pennsylvania and an unknown extent westward. All this may not be incompatible with a desire to control the movement of the people in favor of peace and the authority of the government. Yet the purpose of the letter seems to have been to delay force, in the hope, possibly, that the movement would subside under a belief of final repeal of the law and an abandonment of the excise system. The following extracts from his letter will exhibit, at least partially, his views and feelings : " It will be said that insurrection can be easily sup- pressed, — it is but that of a part of four counties. Be as- sured it is that of a greater part, and I am inclined to believe the three Virginia counties, on this side of the mountains, will fall in. The first measure then will be the organization of a new government, comprehending the three Virginia counties and those of Pennsylvania, to the west- ward to what extent I know not. This event, which I con- template with great pain, will be the result of the necessity of self-defence. For this reason I earnestly and anxiously wish that delay on the part of government may give time to bring about, if practicable, good order and subordination. " But the excise law is a branch of the funding system, detested and opposed by all the philosophic men and the yeomanry of America, those who hold certificates excepted. There is a growing, lurking discontent at this system that is ready to burst out and discover itself everywhere. I candidly and decidedly tell you the chariot of government has been driven Jehu-like as to finances ; like that of Phae- ton, it has descended from the middle path, and is likely to burn up the American earth. " Should an attempt be made to suppress these people, I am afraid the question will not be whether you will march to Pittsburgh, but whether they will march to Philadelphia, accumulating in their course and swelling over the banks of the Susquehanna like a torrent, irresistible and devouring in its progress." 10 Address to the AUeghemy Ornniy Bar Association. As a writer, Mr. Brackenridge displayed marked ability, indulging often iu a fine vein of humor. His " Modern Chivalry," published in 1796, was widely read, and popular estimate is seen in a new edition published in 1856. In 1799, Mr. Brackenridge was appointed by Governor McKean a judge of the Supreme Court of this State, in which position he continued until his death, in 1816. At the bar he abounded in wit and native eloquence, and his knowledge of men and ready and fine address made him a powerful and popular advocate. In person he was command- ing and prepossessing in manner. As a judge he did not display the high powers he had exhibited as an advocate. His opinions were often racy, but not very profound ; while his opposition to Judge Yeates (who, as before stated, was one of the commissioners to confer with the insurgents) led to frequent disagreements ; when, as the Reports often say, " Brackenridge, J., agreed with the Chief- Justice." Of the marriage of Judge Brackenridge a romantic story is told. About 1790 he was on his way home from the "Washington Court. At the tavern of a German farmer named "Wolf, in "Washington County, he stopped to " bait" his horse. Sabina Wolf, a daughter, in her bare feet, and playing hostler, brought his horse to the door. He was so much struck with her appearance that, after riding many miles, his mind reached a conclusion, and he rode back and asked the father for the girl in marriage. After some par- leying, to prove his seriousness, consent was given, and they were married. Mr. Brackenridge then sent Sabina to Phila- delphia to be educated in ways polite. JOHN WOODS. Contemporary with Hugh Henry Brackenridge and James Eoss was John Woods, an eminent counsellor of Pittsburgh in the last and present centuries. Little material is found to trace his life. Tradition informs us he was an able lawyer, especially in real estate and ejectment cases. Yeates's Re- ports, from 1793 onward, discover that he was engaged in nearly every cause argued in the Circuit Courts of the Su- Address to the Allegheny Cmmty Bar Association. 11 preme Court, held at Huntingdon, Bedford, Somerset, Greensburg, Washington, Pittsburgh, and Beaver. He was undoubtedly in full practice before that date, as he was admitted to the bar in "Westmoreland County in 1784, in Fayette County in the same year, and in Allegheny De- cember 16, 1788. He was a son of Colonel George "Woods, of Bedford, who, in 1784, under the authority of Tench Francis, the agent and attorney of John Penn, Jr., and John Penn laid out Pittsburgh. In this work George "Woods was aided by his son, John "Woods, and Thomas Vickroy. A full account of the transaction will be found in the celebrated Batture case in 6 Peters's Eeports, 601-2. The plan of Pittsburgh is often referred to as '"John "Woods's plan of Pittsburgh." This is correct. Though the authority was conferred on George "Woods, the plan is certified thus : " A draught of the town-plot of Pittsburgh, surveyed and laid out by order of Tench Francis, Esq., at- torney of John Penn, Jr., and John Penn, May 31, 1784, by John "Woods." " "Witness George "Woods, Peter Miller." A daughter of George "Woods, and sister of John "Woods, was the wife of James Eoss, Pittsburgh's eminent lawyer. "Wood Street in Pittsburgh was doubtless named in honor of the "Woods family. It is interesting, in this connection, to trace some of the military occupants of Fort Pitt by the names of the streets running from Liberty Street to the Allegheny River, now the numbered streets. There was "Marbury," after Captain Joseph Marbury; "St. Clair," after General Arthur St. Clair; "Hand," after General Edward Hand ; " Irwin," after General William Irvine ; " Wayne," after General Anthony Wayne, etc. John Woods at an early day built a very fine brick dwell- ing on the square between Wayne and Washington Streets and between Penn Street and the Allegheny River, the same square now occupied by the buildings of the Pittsburgh, Fort Wayne, and Chicago Railway. When I first remember the house, in 1818 or 1819, it was occupied by Christian Ferbiger, a prominent gentleman from Philadelphia, who 12 Address to the Allegheny Comdy Bar Association. had been active in State affairs in the eastern part of the State early in the century. It wae afterwards owned and occupied by James S. Stevenson, a partner of Charles Avery in the drug business, corner of "Wood and Second Streets, and who represented Allegheny County in Congress. The house was a double brick, with wings, situated in the centre of the square, distant from Penn Street about one hundred and twenty to fifty feet, and faced by trees and shrubbery. During the occupancy of Mr. Stevenson, on the 4th of July, 1828, a great Jackson meeting was held in the rear of this square, next to the Allegheny River, pre- sided over by "William "Wilkins, and addressed by Henry Baldwin. I was present. Later the properly became a tavern-stand and wagon-yard and a place of many public meetings. I remember hearing there " Tariff Andy Stew- art," of "Uniontown, and Senator John J. Crittenden, of Kentucky. Few, I suppose, now remember the duel, or rather shoot- ing affray between James S. Stevenson and a gentleman living on Wood Street, nearly opposite to Avery & Steven- son's drug-store, whose name I have forgotten. It occurred in the morning, on the inner porch of Ramsey's Hotel, cor- ner of Wood and Third Streets. The frame of a door was the only object hurt. John Woods was married to Theodosia Higbee, who sur- vived him, and removed to Trenton, New Jersey, where she died in 1832. Mr. Woods was a Presidential elector in 1796 and a State senator in 1797, and represented Allegheny County in Congress in 1815-1817. He died in 1817, leaving a daughter, who married Judge Henry M. Brackenridge, and brought him large wealth. How little remains of this distinguished lawyer, so emi- nent in his day, is seen in the foregoing very meagre sketch. The following is found in the " History of Westmoreland County," and is extracted, though with no knowledge of its accuracy. The writer is said to have been George Dallas Albert : " The reputation of John Woods as a sHlftil lawyer was Address to the Allegheny Ommty Bar AssodaMon. 13 also high. His person was fine and his dress and manner bespoke the gentleman, although there was a touch of aris- tocratic pride about him, which lessened his popularity. His voice was rather shrill and unpleasant, especially when contrasted with his manly appearance ; but, like John Ran- dolph, his ear-piercing voice often gave effect to a powerful invective. Few lawyers could manage a case with more skill. He was deeply versed in the subtlety of the law of tenure and ejectment cases. Being possessed of a hand- some fortune, he rather shunned than courted practice, but in a difficult case the suitor thought himself fortunate when he could secure his assistance." STEELE SEMPLB. Somewhat later than John "Woods came Steele Semple, an able lawyer, eloquent advocate, and finished scholar. Tradition says this much, yet his remains are so small and vague it is impossible to describe him with fidelity. Tradi- tion speaks of his legal attainments as immense, of his scholarship as magnificent, and of his eloquence as grand. Jjike Woods, with whom he was partly contemporary, his largest practice was found in land-title disputes and the trial of ejectments. His name is also frequently seen in Yeates's Reports, and as in attendance at the Circuit Courts of the Supreme Court in the western circuits of the State. He was, with Henry Baldwin, a witness of the cowhiding of Ephraim Pentland by Tarleton Bates, and with him signed a certificate of the facts. In this way he became partly identified with the duel which followed between Bates and Stewart, in which Bates was mortally wounded and died in a few hours. Tradition represents him as of a convivial turn, often tarrying over the wine-cup late at night. It is said that on one night, after indulging in the pleasures of the glass until very late, and being too much elated to walk in the right line of sober directness, he started for home along Wood Street, and, walking with erratic steps, fell into an open cellar. There confined within the unassailable ramparts of 14 Address to the Allegheny Comdy Bar AssodaMon. its walls, he lay shouting aloud, and from time to time cry- ing, " De profundis clamaho!" until a night wanderer, late as himself, passing, heard the cry, and released him from the profound depth, in which he so resolutely shouted out to. catch the passing, ear. He had his own experience in litigation, under the will of an uncle, carried into the Supreme Court ; and his case gave rise to the rule laid down by that court, — " That words which only describe the object devised give no more than an estate for life ; but words which comprehend the quantum of the estate pass the fee." The words were, " I devise to my beloved son-in-law, Steele Semple, all my real and per- sonal property," 6 Binney, 97. He lived in, and probably built, the house which before the great fire of April 10, 1845, stood on Second Street, at the corner of Chancery Lane, next door to the Branch Bank of the United States, and in which my father lived many years as a tenant under James Ross, who in some way claimed the property. The following description is taken from the " History of "Westmoreland County," p. 301. "What opportunities the writer — said to be George Dallas Albert — had to enable him to make the statements I know not : " The great favorite of the younger members of the bar was Steele Semple, who ought to be considered at the head of the corps of regular practitioners. In stature he was a giant of mighty bone, and possessed a mind cast in as mighty a mould. Personally he was timid and sluggish. As a speaker his diction was elegant, sparkling, and clas- sical. His wit was genuine. He was at the same time a prodigy of memory, a gift imparted to him to supply the want of industry, although it is not every indolent man who is thus favored. Mr. Semple was conversant with all the polite and fashionable literature of the day, and was more of a modern than his distinguished competitors. It is no less strange than true that, for the first few years of his appearance at the bar, his success was very doubtful. His awkward manner, his hesitation and stammering, his Address to the Allegheny Cowniy Bar Assodaiion. 15 indolent habits occasioned many to think that he had mis- taken his vocation. Judge Brackenridge, the elder, was almost the only person who saw his future eminence. He was unfortunately carried off when he had just risen to dis- tinction. He fell a victim to that vice which unhappily has too often overtaken the most distinguished in every profes- sion. His fame had not travelled far from the display of his powers, which is usually the case in professions which must be seen and felt to be appreciable." THOMAS COLLINS. Among the distinguished lawyers of Pittsburgh in the decennial of 1790 to 1800 was Thomas. Collins, a native of Ireland, born in Dublin in the year 1774, so far as is known. He received his education at Trinity College, Dub- lin, where he was matriculated. He came to the United States in the year 1790, soon reaching Reading, Berks County, Pennsylvania, where he studied law in the office of Marks Biddle, Esq., and was admitted to the bar of that county on the 8th of August, 1794. In the same year he came to Pittsburgh, and was admitted to the bar of Alle- gheny County, December 3, 1794, soon after his arrival. He quickly rose in practice, and became engaged in im- portant causes, his name appearing frequently in Yeates's and other early reports of cases decided in the courts of Allegheny and in the western Circuit Courts of the Supreme Court. He was admitted to the bar of Beaver County at the first term after its organization, in Tebruary, 1804, his name being second on the list, following that of Alexander Addi- son, and in company with Steele Semple, Alexander ~W. Foster, John B. Gibson, William "Wilkins, Henry Baldwin, and other celebrities of that day. He was one of the early bar who rode the circuit of the western counties. Much of his practice afterwards fell within Butler County, when, by marriage, he became interested for the lands of his father- in-law. Colonel Stephen Lowrey. Mr. Collins was married twice. His first wife, Susan 16 Address to the AUeghmy Comdy Bar Association. Eead, to whom he was married September 28, 1796, was a daughter of Collinson Eead, Esq., a noted Philadelphian in the latter end of the last and the early years of this century, who was an elector voting for "Washington when first chosen President, also a compiler of a " Digest of the Laws of Penn- sylvania," published in 1801. In 1806 he also published " The American Pleader's Assistant," a valuable compila- tion much in use in the early years of my practice. The issue of this marriage of Mr. Collins was a son, Thomas Collins, Jr., a cadet at West Point, and long a respected citizen of Allegheny and Beaver Counties. Mr. CoUins's first wife died at Pittsburgh in September, 1804. He next married, Octo- ber 16, 1805, Sarah Lowrey, a daughter of Colonel Stephen Lowrey, residing near Centreville, Queen Anne's County, Maryland. "William Wilkins was his groomsman. Colonel Stephen Lowrey, an Irishman by birth, and a commissary in the Revolutionary army, was a gentleman known in Western Pennsylvania as late as my day, dying December 29, 1821. He was a large landholder in Butler County, whose interests, often affected by the entries of adverse settlers, made Mr. CoUins's professional services in Butler frequently necessary. Colonel Lowrey's wife was a daughter of Eev. Elihu Spencer, pastor of the First Presby- terian Church of Trenton, New Jersey. He was also a trustee of the College of New Jersey, at Princeton. From letters and documents in the family of Thomas Collins, his relatives in Ireland were evidently persons of culture and refinement. His father was a leading merchant of Dublin, and in 1799 was appointed by the English gov- ernment to a position of responsibility and honor at Domi- nica, one of the Caribbee Islands. A tradition exists in the family that he acted for a time as governor of Domi- nica ; but there seems to remain no evidence of the fact. John Collins, a younger brother, was a lieutenant in the British navy, killed in action on board the "Alexander," Lord Nelson's flagship, in the battle of AbouMr (the Nile), August 1, 1798. Thomas Collins died in the prime of life, February 17, Address to the Allegheny County Bar Assoda&m. 17 1814, at the town of Butler, and waa buried in the Catholic hurying-ground, near to the town. His widow, Mrs. Sarah L. Collins, came to Pittsburgh about 1819 or 1820, with her children, Margaret, Valeria, Lydia, Sarah, and Stephen. She was a lady of culture, highly esteemed, and admired for her energy and her ejffbrts in self-support, and for the education of her daughters. Stephen, her son, died early, and was buried beside his father, at Butler. The Butler County lands of Colonel Stephen Lowrey, devised to her, came into possession in 1822, but at that early day brought very little at sale or lease, compelling her to put forth strenuous efforts to maintain her family and station, — efforts, however, made successful by her force of character. Her eldest daughter, Margaret, married Wil- liam D. Duncan on the 17th of February, 1825. The late Colonel John Duncan, of Altoona, was her son. After the death of her husband, William D. Duncan, she married John Wrenshall. Valeria married Evan R. Evans, a lawyer from Lancaster, Pennsylvania, on the 7th of October, 1828. In May, 1830, Mrs. Collins conveyed to her a valuable tract of land of four hundred and seventeen acres, adjoining the town of Butler, on which she lived, and died there Septem- ber 18, 1833. This land was unfortunately lost through proceedings on a mortgage given by her husband, who died in Texas in 1836. Mrs. Sarah F. McCalmont, of Franklin, Pennsylvania, widow of Alfred B. McCalmont, colonel of the Two Hundred and Eighth Regime at of Pennsylvania Volunteers, is her daughter. Lydia, the third daughter of "William Collins, still living, on the 17th of May, 1833, married William ]3. McClure, Esq., a brother of Mrs. General William Eobinson, late of Allegheny. He came from Carlisle, Pennsylvania, finished the study of the law in the office of John Kennedy, after- wards a supreme judge, and was admitted in Pittsburgh, N'ovember 18, 1829. He afterwards became president judge of the several courts of Allegheny County, an office held until his death, December 27, 1861, presiding with great ac- ceptability. Their daughter, Eebooca, is the wife of Judge 2 18 Address to the Allegheny Cowrdy Bar Association. Charles B. Flandre^u, of St. Paul, Minnesota, whose bril- liant services in defending 'Eqw TJlm, Minnesota, in 1862, against the murderous attack of the Sioux Indians, made him conspicuous in the iN'orthwest, Sarah Collins, the youngest daughter of Thomas Collins, still living, on the 4th of December, 1834, married Wilson McCandless, Esq., vrho was admitted to the Allegheny bar June 15, 1831, and after an extensive practice in partner- ship, first, with "W. "W". Fetterman, Esq., and afterwards with "William B. McClure, Esq., his brother-in-law, became judge of the United States District Court of the Western District of Pennsylvania, in which he presided with dignity until his death, on the 30th day of June, 1882. Thus, though cut off in the midst of a busy life, the name and reputation of Thomas Collins have been perpetu- ated without stain or blemish by a family among the most noted and esteemed of Pittsburgh's eminent and distin- guished citizens. I write of them as one who knew them in childhood's happy hours and in their earliest days in Pitts- burgh. WILLIAM WILKINS. William Wilkins, contemporary with Brackenridge, Woods, Semple, Collins, Baldwin, Mountain, and other members of the old bar, lived until within the memory of the present day. He was the son of John Wilkins, of Carlisle, Cumberland County, Pennsylvania, where he was born on the 20th of December, 1779. After graduating at Dickinson College he studied law under David Watts, an eminent lawyer of that day, remaining with him until his admission to the bar in Cumberland County. He came to Pittsburgh, and was admitted in Allegheny County Decem- ber 28, 1801, his father, John Wilkins, having preceded him as a resident of Pittsburgh in 1786. William Wilkins was a gentleman of fine address and courtly manners, and a fair lawyer, though he owed more to his suavity and finished style than to the depth and strength of his intellect. His impulses were quick, and his temperament unfitted for pro- longed investigation or great labor, and he wearied of pro- Address to the Allegheny Gowrdy Bar AssociaMon. 19 tracted and severe effort. His mental proclivity led him into politics, in which he became a leader. At an early day (1806) he became a participant in a duel between Tarleton Bates, prothonotary of Allegheny County, and Thomas Stewart, a merchant, which grew out of a quarrel between Bates and Ephraim Pentland. The politi- cal feuds and animosities of that day had been raging at their highest pitch. In 1805 there were three newspapers published in Pittsburgh, — ^the Gazette, the Dree of Liberty (edited by "Walter Forward), and the Commonwealth (edited by Ephraim Pentland). On the 25th of December, 1805, the Commonwealth contained a bitter attack on Bates. Bates, on the 2d of the following January, cowhided Pentland publicly on Market Street. Henry Baldwin and Steele Semple were witnesses of the attack, and gave a public certificate of the facts. Pentland challenged Bates, who refused to accept, on the ground that Pentland was not a gentleman, and was unworthy of such notice. Stewart, having, as Peutland's second, carried the challenge, then challenged Bates. "Wil- liam Wilkins became his second. They fought on the Chad- wick farm, now Oakland, and at the second fire Bates fell, shot in the breast, and died in about one hour. Bates was very popular, and public indignation rose so high that Mr. "Wilkins left the State and went to Kentucky, where he spent over a year with his brother, Charles Wilkins, then residing in Lexington. A few years after his return, Mr. Wilkins, who was a gentleman of taste and refinement, was led to build a very handsome and expensive brick dwelling on Water Street, where the Monongahela House in part now stands. The undertaking was too much for his means, law practice not then being so remunerative as in later days. This led to an effort of his friends, in 1818, to induce the Bank of the "United States to purchase or lease Mr. Wilkins's house as a banking-house for its branch in Pittsburgh. Quite a con- troversy arose pro and con^ and a large protest, signed by leading citizens, was sent to the parent bank in Philadel- 20 Address to the Allegheny Cownty Bar AssoddOon. phia. The result was a failure, and the branch was located on Second Street between Ferry and Market Streets. The public spirit of Mr. "Wilkins led him to take part in useful enterprises, such as turnpike-roads and manufac- tories. The Bank of Pittsburgh, now known as the " Old Bank," owed its origin largely to him. He was its first president, beginning as a voluntary private association as early as in 1810, and afterwards chartered in 1814, He was fond of military display, and rose to a high rank in the militia. He also represented Allegheny County in the legis- lature. The election of 1820 led to a change of parties in the State administration, and late in the night of the 17th of December, 1820, and within two hours of the expiration of Governor Findley's term of dffice, he appointed "William "Wilkins president judge of the courts in the Fifth Circuit, succeeding Judge Samuel Roberts, who had died on the night of December 13, 1820. Judge "Wilkins presided with ability. His mental opera- tions, being quick, were adapted to great facility in the despatch of business. He adopted a number of new rule's of practice, which added much to this despatch. He con- tinued on the Common Pleas bench until May 26, 1824, when he resigned to accept an appointment to the bench of the District Court of the United States, in the "Western Dis- trict of Pennsylvania, succeeding Judge Jonathan "Walker, then lately deceased. In 1828 he was elected to Congress, but declined to serve. Following this, in 1831, he was elected a senator of the United States, and resigned the judgeship for a full term in the Senate. In that body he took a conspicuous part. As chairman of the Senate committee, he reported the Force Bill, to meet the nullification measures of South Carolina, xinder the lead of John C. Calhoun. In 1828 he was a warm admirer and supporter of General Andrew Jackson, and presided at a great Jackson meeting held on the property of James S. Stevenson, in the rear of the lot, and on the bank of the Allegheny River. In the Senate he gave President Jackson his undivided support. Li 1834 Address to the Allegheny (hmiy Bar Assodaiion. 21 the President appointed him minister to Russia. This was his first lift out of straitened pecuniary circumstances. The next lift was the rise in the prices of real estate, caused by the inflation of the currency of the State banks after their receipt of the deposits of the United States Treasury, re- moved from the Bank of the United States. The removal engendered a spirit of speculation. The deposit banks, full to repletion, lent money freely, which was invested in the purchase of real estate, and prices rose to an extent inviting men of all kinds to invest in purchases. This condition of affairs enabled Judge Wilkins, on his return from Russia, which was in a short time, and before the bubble bursted in the great bank suspension of May, 1837, to sell his Water Street property for a high price. In 1842, Judge Wilkins was elected to Congress, and after the sad and terrible disaster caused by the bursting of the monster gun on board of the "Princeton," in Feb- ruary, 1844, he was appointed by President Tyler Secretary of War, to succeed Secretary Gilmer, one of the killed by the explosion. This office he held until March, 1845, at the incoming of President Polk. In 1855 he was elected to the State Senate from Allegheny County. "When he came into the Senate he was seventy-six years of age. The cause which brought him in and his course in the Senate were exceptional. A generation of men have passed away, and few now living are aware that the temperance sentiment then rose so high. The Act of April 14, 1855, entitled an " Act to restrain the sale of in- toxicating liquors," prohibited all sales of liquors under a quart, and provided that no license for the sale of liquors should be granted to the keeper of any hotel, inn, tavern, restaurant, eating-house, oyster^house or cellar, theatre, or other place of entertainment, refreshment, or amusement. It was sweeping, and blotted out all places where liquor was commonly drunk. As a consequence, opposition arose from the liquor interests, and a large fund was raised to secure the repeal of the act, which was ironically called the " Jug Law. " This movement brought into the Assembly a maj ority 22 Address to the Allegheny County Bar Association. for the repeal, among the number Judge Wilkins. He intro- duced a bill of his own into the Senate, which, with the bill reported by the Senate committee, became the foundation of the Act of the 1st of March, 1856, repealing the Act of 1855, and becoming the basis of the liquor and license laws until the Act of 1887. Much was told me by a leading senator of the modes of procedure during the pendency of the measure, but I shall not go out of the record to repeat it. Perhaps my mind was drawn to notice the course of Judge "Wilkins by an occurrence known to me personally. During one of his professional visits to Beaver County, as the counsel of the Harmony Society at Economy, following the Count Leon secession movement of 1832, a temperance meeting was held at the court-house ; Judge Wilkins, hap- pening to be present, was called on for an address. In his speech he remarked that he was temperate from the force of constitution, — that he could not take even a glass of wine without its firing his brain and unsettling his intellect. Judge Wilkins was instinctively patriotic. He was a life- long Democrat, and when the late rebellion rose, though over fourscore years, he entered heartily into the cause of the Union, taking a lead in inspiring the people with patri- otic fervor. He appeared on horseback in the full uniform of a general at a military review of the Home Guards. He was twice married, his second wife being a Dallas of the famous Pennsylvania family. Mrs. Wilkins (Matilda Dallas) was a sister of Vice-President George M. Dallas, and of Judge Travanion B. Dallas. The latter was a rising man, but unfortunately died early, carried off by scarlet-fever. I remember him well, as a gentleman of cordial and courteous manners. He, with Walter Forward and Samuel Kingston, examined George W. Buchanan and myself for admission to the bar in 1829. Judge Wilkins died at his residence (Homewood), in the east end of Pittsburgh, June 23, 1865, aged eighty-six years and six months. Address to the Allegheny Cmimiy Bar Assodation. 23 HBNET BALDWIN. Among the distinguished men who marked the early period of the har of Allegheny County was Henry Baldwin, a native of New Haven, Connecticut, born January 14, 1780. He was the son of a farmer, a man of strong intellect, and the father of several sons who rose to eminence. One be- came a member of Congress from Georgia, another ranked high in Ohio, a third held ofl&ce under the United States in New Haven, and the fourth is the subject of this sketch. A sister became the wife of Joel Barlow, celebrated as an early American poet and as minister to France. His chief work was the " Columbiad," a patriotic poem. A brother of Joel was Judge Stephen Barlow, of Meadville, Pennsyl- vania, a large landholder in Crawford and Mercer Counties, and a joint tenant with Mr. Baldwin in a number of tracts of land. Another brother, Thomas Barlow, was long a resident of Allegheny Town (City), and married to the daughter of a brother of Commodore Preble. Henry Baldwin was graduated at Yale College, and in 1830 received from his Alma Mater the degree of Doctor of Laws. Having lived in the early part of his life on a farm, he maintained and strengthened a vigorous constitution, inherited from his father. It was his boast in after years that he drove a cart for James Hillhouse in planting the now famous elms of New Haven, whose spreading branches arch the highways of the city. He studied law with Alex- ander J. Dallas, then a distinguished lawyer of Philadel- phia and attorney-general, and was admitted in that city. An amusing event, happening to him while in Mr. Dallas'a office, he used to relate with great zest. A large party was given by Mrs. Dallas, to which Henry was invited. The fashion of the time was to wear long hair combed back from the forehead, tied in a queue behind, and powdered white. Baldwin had gone to a barber, and had his hair dressed in the fashion, in preparation for the great event. On entering Mrs. Dallas's parlor he found his hair had been drawn back and tied so tightly and his brows were elevated 24 Address to the AUeghmy Oovmty Bar Assodation. so high, he could not close his eyelids without effort, and thus he spent the night with open eyes, suffering great agony. One of his brothers having settled in Ohio, he was led to come West, but stopped in Pittsburgh, where he was admitted to the bar April 30, 1801. Being a man of talent and possessing a frame and vigor which suited the people and the times, he soon became popular, and obtained prac- tice. The courts of the territory west of the Allegheny Eiver, laid off into counties in the year 1800, were organized for judicial purposes early in the year 1804. "We find his name among the list of attorneys enrolled in Beaver in February of that year. Afterwards he " rode the circuit," as the phrase ran, over all the counties west of the Allegheny, and was employed in the trial of many ejectments, land actions then composing the principal litigation, owing to the unfortunate legislation of the State in 1792, which brought the holders of warrants and the actual settlers into conflict ; a contest which lasted far into my own day. The lawyers who practised in these counties for the most part lived in Pittsburgh, and rode the circuit together. Among Baldwin's companions we find John "Woods, Steele Semple, Thomas Collins, Alexander "W. Foster, James Mountain, and others. Baldwin was somewhat rough at that day, and these were the occasions for practical jokes, in which he was foremost. According to the custom of that time, night found the company of riders at a country tavern, unrestrained by order, with whiskey, cigars, and cards in plenty, and this was Baldwin's opportunity. Tradition has handed down tricks and practical jokes which will not bear repetition in ears polite. Among the earlier incidents of his life, I heard it said in my youth, he had fought a duel, and his life was saved by a Spanish silver dollar carried in his waistcoat-pocket. But of this I can find no verification ; and it may have been a rumor in some way growing out of the duel between Tarle- ton Bates and Thomas Stewart, with which he and Steele Address to the Allegheny Oowniy Bar Assodalion, 25 Semple were measurably connected, being present when Bates cowhided Ephraim Pentland on Market Street. "William Wilkins was Stewart's second in that duel. Duel- ling was not so uncommon then as now. Alexander W. Foster fought with Major Roger Alden in 1800, at Mead- ville, crippling him for life ; the duel growing out of a love- affair, in which the wounded man carried off the prize. Advancing years brought greater refinement, and Baldwin ripened into a great lawyer and advocate. His powerful frame and vigor of intellect enabled him to accomplish much work, and to bring to his cases extensive learning, the result of tireless study, and of the finest library in the "West. His library was composed of all the English Re- ports in law and equity, from the earliest period, including the Year Books, imported from England, and all the then American Reports of the principal States. Many of the early English Reports, some in black letter, such as Har- dress, Hobart, Keble, and others, and Coke's Institutes and Lillies' Entries, were in the folio form. This library de- scended to "W. "W. Eetterman in part, and from him to Messrs. McCandless and McClure. What became of it all, I never knew. "When a student in Mr. Baldwin's office I often witnessed his method of examination, generally made at night, however. In the morning I would find the books piled on the floor open, face downward, and around a chair, the pile often mounting two feet high. Sometimes there were two and even three piles. During examination he smoked incessantly, always having at hand a box of the best small black Spanish cigars. His style of speaking was not polished or finished, but strong and forcible ; his full, sonorous voice giving emphasis to all he said. He was very effective before juries, and was employed in all important causes. Mr. Baldwin was elected to Congress in 1816, and took his seat in 1817, an J was twice re-elected, but resigned in 1822. He became chairman of the Committee on Domestic Manufactures, and conspicuous for his able advocacy of a tariff for the protection of American-made fabrics. The 26 Address to the Allegheny County Bar Association. War of 1812-15 had left the country in a state of extreme poverty, and measures were essential to bring the indus- tries of the United States into a state of activity. Then the statesmen of the South, including John C. Calhoun, were favorable to the protection of domestic manufactures, not having discovered the peculiar interest of that section in the export of cotton and return cargoes. A strong im- pulse vs^as given to these measures by the part Mr, Baldwin took in the passage of the protective tariff laws, especially in that of 1820. The period centring around the year 1820 was one of great stringency, in which the leading business men of Pittsburgh suffered largely, many to the extent of relief by the insolvent laws. Mr. Baldwin suffered severely. He had embarked in the iron business on Bear Creek in the northeast corner of Butler County, had failed, and was sadly straitened by the adverse state of affairs. That he was encumbered largely the record shows ; but whether he was relieved by the insolvent laws cannot be ascertained, as, strange to say, no record of insolvents can be found in the prothonotary's office of Allegheny County from 1818 until 1829, a period searched by myself. This search was made in reference to the case of Anthony Beelen, as well as that of Mr. Baldwin. The case of Mr. Beelen is interesting as exhibiting the former state of the law, and the expedient he resorted to to avoid arrest. It occurred before the law authorizing the giving of an insolvent bond had been passed. As the law then stood the defendant arrested on a capias ad satisfaciendum went to jail to await a discharge. But the sheriff could not break the outer doors of a dwelling to make an arrest on civil process, nor could he execute civil process at all on Sunday. Mr. Beelen shut up and barred his outer doors and windows. The backyard of his dwelling on Water Street,^ between Wood and Market Streets, was protected by a high wall. In this he placed as a watchman and guard a tall, strong, and vigorous workman, taken from his foun- dry, to prevent surprise by the sheriff when the family was Address to the Allegheny Covmty Bar Association. 27 employed in the yard. On Sunday his house was thrown open, his friends were dined and wined, and he and his family went to chapel. Thus the officer was held at bay, until Mr. Beelen was either discharged or in some way ap- peased his creditors. In the Presidential campaign of 1828, between John Quiney Adams and General Andrew Jackson, Mr. Bald- win was an earnest and active supporter of the latter. On the 4th of July of that year an immense Jackson meeting was held near the Allegheny Eiver, on the rear end of the John Woods premises, on Penn Street, then owned by James S. Stevenson, member of Congress from Pittsburgh, the same now occupied by the buildings of the Pittsburgh, Fort Wayne, and Chicago Railway. The meeting was pre- sided over by "William Wilkins, whose silvery voice pene- trated distinctly to the outward limit of the great assem- blage. Baldwin was the orator of the day, and spoke in tones thundering far and wide, but not with the distinctness of Wilkins's utterance. His speech was long and full of points, covering about forty pages of foolscap. I copied it. The campaign of 1828 was most bitter, the attacks upon Jackson being greatly personal, requiring much to be said in his defence. Mr. Baldwin expected to be appointed Secretary of the Treasury by General Jackson, with whom he was a favorite. But policy dictated otherwise, and Samuel D. Ingham "waa appointed fi-om Pennsylvania in 1829. Still Baldwin was remembered by Jackson, who appointed him to the vacancy on the bench of the Supreme Court of the United States in 1830, caused by the death of Judge Washington. Here he exhibited the immense learning his indefatigable industry had acquired. The labor of his latter years was supposed to have unhinged his mind, — so gentlemen of the bar of Philadelphia thought. But my knowledge of his peculiari- ties lead me to think this was largely a mistaken belief. For example, a learned judge of Philadelphia said to me there was no doubt of his insanity, for he had known him to have a cup of coffee and cakes brought to him on 28 Address to the Allegheny Cawnty, Bar Association. the bench. These persons, probably, knew little of his peculiarities and the inattention paid to punctilios in the new country where Baldwin lived so long. , He often car- ried confectionery in his pockets, which he dealt out to the children liberally. An instance of conduct which might be attributed to insanity occurred in Philadelphia, when the late Walter Forward and myself were there as members of the Constitutional Reform Convention, in 1837-38. We both had been his students, longos intervallos, called by him " Forred" and " Dannel." We had called on him at his hotel in Chestnut Street. He proposed going to see Mrs. Baldwin, then visiting Philadelphia. Starting, we turned into Eighth Street towards Market. Going a short distance he stopped, went into a grocery, and came out carrying a large ham by the hock. Proof conclusive of insanity ! Yet none knew the contrary better than we. It was in his circuit Judge Baldwin was seen at his best, presiding with dignity, exhibiting his storey of learning, and holding attorneys to good behavior. One of the noted trials in which he sat was that of John F. Braddee, of Uniontown, in 1840, for robbing the mails. Jhe most eminent mem- bers of the Pittsburgh bar participated in the trial, — Cor- nelius Darragh, Andrew W. Loomis, Samiiel W. Black, Moses Hampton, Richard Biddle, Walter Forward, Wilson McCandless, and others. The excitement of the trial was great, waged as it was by these Titans of the bar. Tradi- tion spoke of the strong hand of Judge Baldwin in which he held the reins of power, and by bridled sway kept in order men of so much character and force. Perhaps the most noted case coming before Judge Bald- win, and his greatest opinion delivered, was that of Magill vs. Brown, found in Brightly's Reports, p. 347,— involving the doctrine of charitable bequests to unincorporated socie- ties. By his research and his laborious thought he brought to the light the true doctrine of such charities, then much misapprehended, in a way untrodden before in this State, and redeemed them from the influence of English common law, and the prohibition of British statutes; bringing them Address to the Allegheny Cmmty Bar Association. 29 into the favor and protection of equity. The opinion was one of immense labor, and a work of love, to which the pro- fession is greatly indebted. Judge Baldwin had but one son, so far as I know, and an adopted daughter. He died in Philadelphia April 21, 1844. JAMES MOUNTAIN. To the Irish nation "Western Pennsylvania is indebted for some of its best early population, — men of stalwart frame and hardy constitution ; vigorous in intellect, firm in prin- ciple, religious in conviction, honest, determined, and in- trepid, yet somewhat rough in manner. These men came chiefly from the north of Ireland, whose ancestors went over from Scotland, and were generally known here as the Scotch-Irish. They emigrated to America to find a home, liberal in religion, free from tyr- anny, and exempt from heavy burdens. Among the eminent men of this body of immigrants was James Mountain. Born in the north of Ireland in the year 1771, he received a liberal education there, became a tutor in the family of an Irish gentleman, studied law, and was admitted to the bar in his native country, and emi- grated alone to the United States. The ship in which he sailed was wrecked on the American coast, and with it he lost all his possessions, leaving him without means. Coming without companions, no one is now found Ho tell much of his early life. The first knowledge of him, in "Western Pennsylvania, we possess is that, on the 28th of April, 1796, David John- son and he were employed by the trustees of the Canons- burg Academy to teach the Greek and Latin languages, commencing on the 2d of May, 1796, at a salary, each, of ninety pounds a year. In an advertisement of the trustees of that academy, published in the Western Telegraph and Washington Advertiser, dated June 9, 1796, we find the fol- lowing account of Mr. Mountain : "The characteristics and literary accomplishments of Messrs. Johnson and Miller are too well known in this 30 Address to the Allegheny Cburdy Bar Assodaiion. county to need any recommendations. Mr. Mountain is a young gentleman from Ireland, who, after lie finished his education, has been in the habit of teaching for several years, and has such an accurate knowledge of the Latin and Greek authors, of their references to antiquities, and such a perspicuous easy manner of communicating his ideas, and, withal, is so attentive to the duties of his station, as render him every way capable of filling the office of tutor with respectability and profit." On the 14th of November, 1796, an usher was appointed to assist Mr. Mountain, whose salary was increased ten pounds for the year. But the whole salary being inade- quate, as Mr. Mountain thought, his services as an instruc- tor in the classical department of the academy came to an end in April, 1797. How long he continued in Oanonsburg, and with whom he studied law, if at all here, is unknown. He was ad- mitted to practice in Washington County at E'ovember Term, 1801, and in Pittsburgh, December 28th of the same year. He was admitted also in Fayette County in 1802. He was one of the long list of eminent Pittsburgh lawyers admitted to the bar of Beaver County at February Term, 1804, of the first court held there. His name is fre- quently seen in the early reports of cases in the Supreme Court. On the 24th of March, 1803, he married Agnes Gilkison, a lady whose parents came from Virginia, and lived on a farm near Pittsburgh owned by Henry Heth, her maternal grandfather, and afterwards the property of Jacob Negley. Having lost her parents at an early age, she was adopted and raised by her aunt, the wife of General Adamson Tanne- hill, in whose family she was found and courted by Mr. Mountain. At one time, after their marriage, they lived in one of a row of frame houses on the south side of Penn Street, near to Cecil Alley. James Mountain died early, September 13, 1813, when only forty-two years of age, and was buried in the grave- yard of the First Presbyterian Church in Pittsburgh. He Address to the Allegheny Goimty Bar Association. 31 left a widow, two sons, and a daughter. Susan , the daughter, married James B. Morgan, Esq., of Morganza, Washington County, and with her Mrs. James Mountain, her mother, lived until her death, in 1859, at the house of James B. Morgan, in Pittsburgh, who had removed thither from Mor- ganza in 1832. Morganza, a large domain, consisting of a number of large tracts of land surveyed together, at an early day — one of which is now the well-known site of the Pennsyl- vania Reform School — was the seat of the memorable Revo- lutionary Morgans, and was devised by Doctor John Mor- gan to his brother. Colonel George Morgan, who came into possession of it very early, and made it a home of hospitality, refinement, and generous liberality. It was there Colonel (once Vice-President) Aaron Burr visited Colonel Morgan on his tour through the "West, when engaged in his purpose of either Mexican conquest or disunion, — an uncertainty yet not fully solved. And it was at the hospitable table of Colonel Morgan, Burr, in covert terms, made known to him his Western scheme. The proposition of Burr, how easy it would be to detach the Western and Southwestern Terri- tory from the United States, was scouted by Colonel Mor- gan with scorn ; but in consequence of this visit and con- versation. Colonel George Morgan and his two sons, John and Thomas, were called to Richmond, Virginia, as wit- nesses in the celebrated trial of Burr for treason, before Chief-Justice Marshall, in 1807. The sons of James Mountain were Algernon Sidney Tannehill Mountain and William Mountain. Sidney, born December 31, 1803, was a young man of great promise. But being in straitened circumstances, by the influence of friends he was advanced to the bar in 1821, at the early age of seventeen. He speedily rose in his profession. The writer remembers him well, and the public sentiment in his favor before he had reached his majority. On the 1st of March, 1825, he married Eliza, eldest daughter of John Thaw, Esq., then in the Branch Bank of the United States, on Second Street. But the bright prospects of his life became clouded 32 Address to the Allegheny GomAy £ar Association. by an early death, which occurred on the 9th of August, 1827, when only in the twenty-fourth year of his age. Hia widow afterwards married Thomas S. Clarke, senior partner in the well-known firm of Clarke & Thaw, of Pittsburgh. "William, the second son of James Mountain, I remember well, especially when a member of the Pittsburgh Thespian Society, to which I belonged. But after my departure from Pittsburgh, in 1829, 1 lost sight of him. Susan, the daughter, an amiable and attractive girl, became the wife of James B. Morgan, as already stated. He was the last of the Morgans who occupied Morganza, and is yet living at the age of ninety-two years. His son. Colonel A. S. M. Morgan, is stationed at the Allegheny Arsenal in Pittsburgh. James Mountain was a dignified and polished gentleman, and one of the most eloquent of Pittsburgh's lawyers. His reputation for this splendid faculty descended to my day, and was frequently spoken of The Hon. James Allison, Beaver's oldest distinguished lawyer, in the early years of my residence there, related to me the following circum- stance : Mr. Mountain was employed to defend one James Bell, charged with murder, to be tried at January Term, 1809. Owing to distance and bad roads, he had not been able to reach Beaver from Washington, whither he had gone, until the close of the evidence. Hastily learning the leading points, he at once launched into his address to the jury, and electrified and thrilled the audience to the highest pitch of excitement by his eloquence and the pathos of his tones. The prisoner was acquitted. Few men have left behind them a higher reputation for that magic power which at once persuades and transports an audience. SAMUEL EGBERTS. Judge Samuel Roberts was not a Pittsburgh lawyer, but came from Sunbury, Pennsylvania, commissioned by Gov- ernor McKean, April 30, 1803, to succeed Judge Addison as judge of the Fifth Circuit, then composed of the coun- ties of Allegheny, Washington, Beaver, Fayette, Greene, and Westmoreland. In 1806 the Fifth Circuit was reduced Ad^ess fa the AUegheny Onmty Bar AasooiaMon. 33 by the withdrawal of Westmoreland. This continued until 1818, when the Fifth Circuit was reduced to Allegheny, Beaver, and Butler Counties. Judge Roberts was born September 10, 1761, in Phila- delphia, of an old family coming over from England about the time of the first settlement of Pennsylvania. He was educated in that city, studied law under William Lewis, and was admitted to the bar there in 1793. In the same year he married Miss Maria Heath, of York, Pennsylvania, a lady of refinement, well remembered by the old inhabitants of Pittsburgh, where she lived to an advanced age. Mr. Roberts removed to Lancaster, and practised his profession there until he removed to Sunbury, whence he came to Pittsburgh. As a judge he was sound and highly respected by the bar, though somewhat slow and indulgent in the despatch of business. He continued on the bench until his death, December 13, 1820. He published a " Digest of Select British Statutes in force in Pennsylvania," printed in Pittsburgh in 1817. It followed the " Report of the Judges of the Supreme Court," made to the legislature, was largely annotated by him, and was highly useful to the profession. A second edition was printed in 1847. Judge Roberts left eight children, — five sons and three daughters. His eldest son, Edward J. Roberts, was a pay- master in the army in the War of 1812-15. He studied law, and was admitted to the bar November 13, 1816. After the erection of the Western District Court pf the United States for Pennsylvania, he was appointed clerk, and held the office for a long time. He was a local politician of some note, but on what side I am unable to state, unless it be in- dicated by a doggerel attributed to him at an early day. It caricatured in verse a caucus said to have been held by James Riddle and his followers. Riddle was a local leader and poli- tician in the Democratic party in Pittsburgh. He had been first a shoemaker, then a merchant, and was finally an asso- ciate judge of Allegheny County, an ofilce he held for years, 3 34 Address to the Allegheny Oonimiy Bar Assoda&m. when the term was during good behavior, or for life. The first verse of the doggerel ran something like this : " In Pandemonium Beelzebub sat, His imps and his devils around, When at hell's outer gate came a terrible rap, And all Erebus echoed the sound." The remaining verses described the sulphurous proceed- ings and fiery doings of the caucus in inferno. Edward's eldest son, Richard Biddle Roberts, a precocious youth, who, at the age of eleven or twelve years, performed nearly all the duties of the clerk's office, owing to his father's unfortunate habits, became distinguished for his military services. He ripened early, but studied law more lately, and was admitted to the bar in 1850. In the War of the Rebellion he won distinction as colonel of the First Regiment of the Pennsylvania Reserves. At the close of the war he returned to his practice in Pittsburgh, became United States district-attorney, and finally removed to Chicago, Illinois, where he pursued his profession until he died, two or three years ago. One of Judge Roberts's daughters married Oldham Craig, for a long time teller in the " Old" Bank of Pittsburgh. He was a highly-respected gentleman, and a brother of ISTeville B. Craig, an old-time lawyer of Pittsburgh, and well-known historical writer, at one time editor of the Pittsburgh Gazette. Horatio K, a younger son of Judge Roberts, studied law, and was admitted to practice in Pittsburgh in 1831. He afterwards went to Beaver and practised there until June, 1840, when he was mysteriously shot at Clinton, Allegheny County, while visiting the family of Mr. Morgan. Samuel A. Roberts, another son of the judge, older than Horatio, was a lawyer also, admitted in Pittsburgh, August 6, 1819. He lived and died in that city, a well-known and highly-respected gentleman, but not largely engaged in practice. Address to the Allegheny County Bar Assodaiion. 35 WALTER FORWARD. Perhaps no member of the Pittsburgh bar deserved the regard and was endeared to the people more than "Walter Forward. Himself plain in manners, simple in tastes, un- ostentatious in bearing, his heart was the well-spring of his popularity. Few men were more noble and lofty by nature or more genial and kind, inspiring all he met with high appreciation. Born in Connecticut in 1786, he came west in 1800, brought out by his father, who settled in Ohio, beginning a home in the woods, building his log cabin, and clearing his farm as the early settlers did. The son possessed naturally a rugged frame, not very tall, but broad and heavy, and strengthened by work in the fields. He obtained his early education in the humble country school-house. This he increased by teaching at night. In 1803 he set out on foot for Pittsburgh with the intention of studying law with Henry Baldwin, of whom he had heard, and whom he fortunately met in the street while looking for his office. He was quite poor, but Mr. Baldwin, perceiving something in the youth of seventeen which pleased him, took him by the hand and helped him along. In 1805, being interested in a Democratic newspaper called the Tree of Liberty, he secured young Forward's services upon it. This afforded him scanty means, and assisted him while pursuing his studies, and he was admitted to the bar of Allegheny County No- vember 12, 1806. Being a young man of talent, indeed of genius, and popular in his manners, he rose in practice, until the atten- tion of the people was drawn to him as one fit to represent them in Congress. He was elected to the House of Repre- sentatives in 1822, following in the wake of Henry Bald- win, whose business affairs had led him to resign. Mr. For- ward was re-elected in 1824. While in Congress he entered the caucus, then a common mode of nomination, and in February, 1824, voted for William H. Crawford, of Georgia, as the congressional candidate for the Presidency. The 36 Address to the Alleghmy Govnty Bar AssodaiioH. campaign of 1824, however, brought into it candidates more popular, — Henry Clay, Andrew Jackson, and John Quincy Adams, — resulting in the election of Mr. Adams by the House of Eepresentatives. The effect of Mr. Forward's participation in the congressional caucus was felt by him in his subsequent candidacy for Congress, and twice led to his defeat. In the campaign of 1830, which I remember, Beaver County being in the congressional district with Allegheny, the caucus agreement was used against Mr. Forward with effect. Though candidates on the same side, in Allegheny County Harmar Denny's vote was 2711, and Forward's only 1180, one township to be heard from. In Beaver County, however, Mr. Forward, who was always a favorite, was held up, his vote being 2133, and Mr. Denny's 1799. Unless Mr. Forward abandoned Mr. Crawford, he did not vote for Mr. Adams in 1824, as has heen stated, but he did, no doubt, in 1828, when the issue was between Mr, Adams and General Jackson. He became a National Republican, and afterwards a "Whig, when that party arose in 1832-33. In 1836 he was elected by the people of Allegheny County to the State Constitutional Convention of 1837. Jxl that body he was not conspicuous at first, owing to his natural repugnance to hasty conclusions. His early speeches partook in a measure of the hesitation which led him to be called " Walter the Doubter." An evidence of this cautious reflection was often witnessed by myself. John Dickey, my colleague, and I sat on the opposite side of the chamber from the seat of Mr. Forward. "When the convention was engaged in discussing important questions, Mr. Forward often came over to our seats. He would say, " Dickey, Agnew, how ought we to vote on this question ?" Dickey was a county politician, — smart, but not deep, — and was always ready to advise. I was young, only twenty-eight, but, like young men, liiought I knew something. Perhaps there was a better reason, — my name came first on the roll- call, and I was compelled to keep the state of the question in all its phases in my mind,— amendment and amendment of the amendment, — and to make up my mind on its merits Address to the Allegheny Comdy Bo/r AssookiMon. 37 ready to lead off, — for we Btood 67 Whigs to 66 Democrats ; and in every body there are members liable to be led astray by the lead. Another feature made the lead important. The convention was composed of three classes on the subject of amending the constitution. About one-third was opposed] to all amendment ; another third was conservative, but for reasonable amendments called for by the people ; a third class (all Democrats) was extremely radical; some would elect all officers, judicial as well as executive, every year. Being a conservative member, I was kept constantly on the watch. This characteristic of Mr. Forward was from no want of ability to think, but the opposite. His mind was so com- prehensive, and travelled so far beyond common thought, he saw aspects of the subject not within common vision, which led him to ponder well before deciding. The first impression of the convention soon gave way, when it had reached questions his mind had considered and pondered well. From his inmost heart he loved liberty, and his soul revolted against African slavery. "When the proposition to insert the word " white" in the qualification of electors was under debate, Mr. Forward spoke against it, bursting out with a force and eloquence which electrified his auditors, and many were present besides members. I embrace this opportunity (the only one I have properly had) to refute a slander. I voted against the insertion of the word " white" in every form in which the question arose directly. I voted for the whole section, which contained some of the most important amendments made by the con- vention. Malignant partisans and an erring divine have made this the means of unwarrantable falsehood. A In 1841, Mr. Forward was made first comptrojjcr of the Treasury by President Harrison. In Septemoer of the same year President Tyler appointed him~ Secretary of the -Treasury, continuing until March, 1845, when Mr. Polk became President. He then returned to his practice in Pittsburgh. In the month of August, 1847, soon after the death of 38 Address to the Allegheny County Bar Association. George Rapp, the head of the Harmony Society at Economy, Mr. Eorward and I were called to draw up papers suited to the change caused by the death of Mr. Eapp. We spent the greater part of a week consulting and advising, and finally drawing up documents to continue the society in its proper relations, and to govern its affairs. I was draftsman, while Mr. Forward sat by, reflecting and suggesting. There were several documents written, one being what might be termed a frame of government and method of procedure. A circumstance occurred, drawing marked attention by us both. The preamble to this frame and course of procedure, as first drafted by me, began by stating the death of George Eapp, in the usual way, as in the ordinary course of nature, and in the order of an all-wise Providence. The document, after submitting it to the society for approval, was returned to us, the person stating that the members highly approved of it. " But," and here the spokesman paused hesitatingly, "there is a little alteration our. people would like to have made." He then stated an objection to the preamble in rather a cautious way. Th^ result was the phraseology was so changed that, instead of an ordinary death, it was said that, by the decree of God, the venerable patriarch and beloved founder of the society had-departed this life. The drift was plain. Mr. Eapp had been regarded by the body of his followers as more than an ordinary man, and his de- parture differed from that of others. In 1848, Mr. Forward took an active part in behalf of General Taylor for the Presidency. He spoke frequently, along with the Hon. Moses Hampton, on the subject of the tariff and the currency, the former being his favorite theme. He and Mr. Hampton had quite, to them, an unusual expe- rience in Beaver County. Neither had been in the habit of addressing anti-slavery men, and had given but little atten- tion to their arguments. They were invited by the "Whigs to speak at Fallston, in the vicinity of which anti-slavery men abounded. In speaking neither had gone far until he was assailed by a torrent of questions and statistics. These Address to the Allegheny Oovmty Bar Association. 39 freesoilers, headed by a noisy-tongued fellow named James M. Gregg, had purposely assembled in force. It was not long until Mr. Forward, and also Mr. Hampton, became in- volved in a cyclone of anti-slavery figures and inquiries, and soon made haste to finish. When we came away, Forward said to me, " Agnew, what sort of people have you here ? "Why, I never heard such a volume of stuff as they poured out upon me." In 1849, Mr. Forward was appointed by President Taylor chargS-d' affaires to the Court of Denmark. He resigned in 1851, to take the ofi&ce of president judge, of the District Court, to which he had been elected in his absence. Un- fortunately for his constituents, and to the sorrow of the bar, he sat in his high office only until the 24th day of November, 1852, when he died, after a few hours' sickness. Mr. Forward was married January 31, 1809, to Miss Eliza- beth Barclay, a sister of Joseph Barclay, a well-known Pitts- burgher in my youth. His board yard occupied the square on which the St. Clair Hotel was afterwards built and the Anderson Hotel now stands, on St. Clair or Sixth Street. Harriet, another sister, was married to Thomas Perkins, the silversmith, since county commissioner. A circumstance, interesting to me as a boy, led me to notice these sisters. At that time (about 1823 or 1824), as you descended the steps on the west side of the northern abutment of the Alle- gheny bridge (now Suspension) and passed in front of Gen- eral "William Eobinson's garden and orchard, down the green-tree-lined bank of the river, a few perches, you came to a beautiful, gently-sloping, grassy sward, running down to the first water-channel of the river, turning suddenly to the right, around the head of the upper Smoky Island, then filled with elders and alders and the blue-flowered iron- weed, and with tall elms and sycamores. On this beautiful grassy sod, and just around the turn, sat two ladies and several children with baskets beside them. As I neared them they were singing in sweet accord some of those ex- quisite old Irish melodies, which then delighted far beyond Italian quavering, high-strained airs, or Germania's harsh 40 Address to (he AUeghe/ny Covmiy Bar Assodatiofi. guttural songs. I stood, like Peter, afar off, and listened till my heart was full. The time is long agone, sixty years or more, and the scene is afar, yet I think I still hear the simple strains of " Kitty of Coleraine" borne by two sweet voices in delightful unison. Both these ladies died early. They were Mrs. Forward and Mrs. Perkins. Mr. Forward had several daughters and sons. One of the daughters married Alfred W. Marks, Esq., a lawyer^ and a son of General "Wm. Marks, a former senator of the United States; another married "Wm. E. Austin, Esq., a lawyer also. Judge "White, in his valuable sketches of the " Judiciary of Allegheny County," has truly said, " Judge Forward was a great man, intellectually, morally, and socially. And, like all truly great men, he was modest and unassuming, candid and sincere; not envious or jealous ; rejoicing at the success of others, and always ready to give a kind word or helping hand to those starting in life. The religious ele- ment was strong in his character, resulting in a life re- marliably exemplary, pure, and spotless. He was emphatic cally domestic in his habits, devotedly attached to his home, and delighted in social enjoyments. His conversa. tional powers were of the highest order." In the early period of my practice in Beaver County Mr. Forward often attended the courts there, and I had an op- portunity of observing his traits and methods. Few men treated the court and opposing counsel with more propriety, even in the midst of exciting contests. His fairness and good temper never deserted him when opposed by gusts of passion. He was naturally eloquent, but not always even. At times he seemed sluggish and unable to rise, which was probably owing to his honesty of purpose that could not soar without the wings of a righteous cause. At other times his dark eyes would flash with piercing power, his thoughts spring into vivid life, and, mingling argument with metaphor, his heavy blows would strike out brilliant thoughts, coruscating like sparks struck from the anvil's hard breast by the arm of the brawny smith. Address to the Allegheny OomUy Bar Association. 41 He was one of my examiners for admission to the bar, and I have ever remembered his kind encouragement, en- abling me and my young associate, George W. Buchanan, brother of the future President, to answer without embar- rassment. A generation has passed away, but his memory is still green in those halls where he so long moved and so often stirred his audiences. JOHN H. CHAPLIN. This time the Green Mountain State contributed her gift to Pittsburgh's noted lawyers. John Huntington Chaplin, of Royalton, Vermont, was born there in 1782. His parents were "William Chaplin and Judith Huntington Chaplin. Mrs. Chaplin's brother, Samuel Huntington, was a signer of the Declaration of Independence. John H. Chaplin was graduated at Tale College, Connecticut, and came to Pitts- burgh in 1805, where he studied law with Henry Baldwin, and was admitted to practice IN'ovember 15, 1808. On the 28th of June, 1809, he was married to Harriet Craig, eldest daughter of Major Isaac Craig of the United States army, and Amelia Neville Craig, only daughter of Gen- eral John S'eville, then of Bower Hill, on Chartiers Creek, iiear Pittsburgh. By this marriage Mr. Chaplin became connected with two of the most distinguished families in. "Western Pennsylvania. On the 25th of July, 1809, Wil- liam Chaplin, his father, wrote to Mr. and Mrs. Craig a very kind and flattering letter of congratulation, dated at Bethel, near Royalton, "Windsor County, Vermont, and bore testimony to the high character of his son. His only regret was the great distance intervening, which made strangers of both families. The date of this letter and that of the marriage show that letters must have taken a month to go and a month to come. This fact reminds us of the advance, in our time, of all that relates to convenience in travel, and to the unity and greatness of our country. The news by telegraph would have taken less than an hour to find its way over this widespread land, and by mail a few days only. 42 Address to the Allegheny Cownty Bar Association. Jolin H. Chaplin resided on Water Street, below Ferry, and next door to tlie house of David Logan, on the corner of Water and Ferry Streets, his garden extending back to First Street. Along Water Street, in this vicinity, lived the principal families of that day. A portrait of John H. Chaplin, painted in Boston, is said to have been on exhibition recently in Gillespie's art-room, on Wood Street, the queue and powdered hair denoting the fashion of the early time. Mr. Chaplin was at one time Worshipful Master of Lodge No. 45, of Pittsburgh, an order of Masons chartered by the Provincial Grand Lodge of England, December 27, 1785. This lodge (45) celebrated its centennial in Pittsburgh De- cember 27, 1885. The purchase of Florida was made of Spain in 1819. That country was supposed by many to be, as it was called by Ponce de Leon when in search of the fountain of health and beauty, the " land of flowers," and many Americans, on its cession to the United States, emigrated thither, hoping to find wealth and fortune, as well as health and pleasure, within its orange-groves and ever-blooming plants. Among these aspirants of hope was John H. Chaplin, who moved to Pensacola in the year 1820. He there prac- tised his profession successfully, and was in a fair way to redeem the promises of his aspirations, when cut off by yellow fever, August 24, 1822, just as he was about to bring his long exile from home to an end, and to return to his loved ones, whose separation from him had been a constant sorrow. Mr. Chaplin left a wife and two children, — one a son, William Craig Chaplin, who became a lieutenant in the United States navy, and married Sarah G., a daughter of James Crossan; the other, a daughter, Amelia Neville Chaplin (now a widow), who married Thomas L. Shields, Esq., of Sewiekley, Pennsylvania, October 8, 1832. John M. Chaplin, manager of the Pittsburgh Clearing-House, is a son of Lieutenant William C. Chaplin. Address to the Allegheny Comdy Bar Association. 43 NEVILLE B. CKAIG. This name, like thoughts from dreamland, or far-off music's strains, rouses memories of the long past, when Fort Pitt was the scene of great deeds, and when the head of the Ohio was the ultima Thule of early settlement, made famous by a long array of brilliant names, the Revolu- tionary generals, Hand, Butler, Mcintosh, Broadhead, Ir- vine, and officers of less degree, and many eminent men from Virginia, Maryland, and Pennsylvania, brought hither by the exigency of the times, who made Pittsburgh lumin- ous by their lives, their talents, and their virtues. Here were found the Ifevilles, Morgans, Butlers, Kirkpatricks, O'Hara, Tannehill, Denny, "Wilkins, Addison, Eoss, "Woods, Semple, and a host of worthies, the fragrance of whose memories clings to the tradition of their names. Even in my day some survived, but nearly all had gone to rest in the old graveyard of the Presbyterian Church. I remember the funeral procession of General James O'Hara, crossing "Wood Street at Fourth, in December, 1819. Among the eminent men of the " olden time" was the father of Neville B. Craig, Major Isaac Craig. He was born near Hillsborough, County Down, northeastern coast of Ireland, in the year 1741, and emigrated to America in 1765. At the beginning of the Eevolutionary war he took up arras in defence of his adopted country's rights, deter- mined to lay them down only with his life or the establish- ment of freedom. In iN'ovember, 1775, he was appointed a first lieutenant of marines in the navy, and served ten months in that capacity, on board the " Andrew Doria," command- ing marines. This vessel formed one of the squadron of Commodore Hopkins, which captured Forts Nassau and Montague, on the Island of New Providence, in the "West Indies. The governor himself was captured, together with many valuable stores, then much needed by the Americans, and subsequently used in Rhode Island and on the Delaware. Of these a minute inventory was made by Lieutenant Craig. On return to harbor, in October, 1776, he was commissioned 44 Address to the AUeghemy Gownty Bar AssodaMon. captain. In November following the marines were ordered into the army as infantry, and performed artillery duty. He was commissioned in March, 1777, a captain of artillery, under command of Colonel Proctor. On the promotion of Major Ford to the lieutenant-colonelcy, Captain Craig was entitled to the majority, but through misinformation, caused by his absence at sea, the Supreme Executive Council ap^ pointed Captain Andrew Porter to the vacancy. This led; to a strong letter of protest on the part of Captain Craig, dated at Philadelphia February 21, 1782. The council re- considered and revoked the order, and conferred priority of commission as major on Captain Craig, in the Fourth Regi- ment of Artillery, annexed by resolution of Congress to the Pennsylvania Line. He partook in a number of battles, among them Trenton, Princeton, Monmouth, and Brandy- wine. He was ordered to Fort Pitt to join General Clark in an intended expedition against Detroit, which, however, failed, to take place. At Fort Pitt he performed various services to the satisfaction of the government, and became noted for his energy, activity, and integrity. During his service at Fort Pitt he availed himself of the land laws of the State by taking up some valuable tracts of land. In 1797 he and General James O'Hara built the first glass-works erected in "Western Pennsylvania, preceding those of Albert Gallatin at Brownsville a few months. On the 1st of February, 1785, he was married to Amelia, only daughter of General John Neville, then living at Bower Hill, on the Chartiers Creek, and became the father of a numerous family, some of whom followed the military in- stinct of their father. Percy Hamilton Craig was senior surgeon of the United States army, and medical director under General Zachary Taylor in Mexico. Henry Knox Craig was general and chief of ordnance. United States army, and Isaac Eugene Craig, lieutenant in the engineer corps of the United States. Some lived until a very recent period. Oldham Craig, a well-known Pittsburgher, died Oc- tober 4, 1874, on his way to Florence, Italy, to visit a son. Address to the Allegheny Oomdy Bar Association. 45 Amelia Neville Craig died October 27, 1879. Major Isaac Craig himself died on Montours Island May 4, 1825. On his mother's side Neville B. Craig was related, through her father. General John Neville, to one of the most distin- guished families in England and America. The Nevilles in America settled in Virginia. General Neville was born there, and at one time lived in Frederick County. He bought land on Chartiers Creek when "Western Pennsyl- vania was claimed by Virginia, and within the bounds of Augusta County, as erected by Virginia. From that county, in 1774, he was elected a delegate to a Provincial Conven- tion of Virginia. Augusta County then embraced a large part of the present territory of Allegheny County. In 1777, General Neville and General George Morgan were at Fort Pitt together, charged with important public duties. They joined in a- letter in that year to Patrick Henry, governor of Virginia, giving a minute detail of the condition of the "Western country in relation to the tribes of Indians then incited to war against the colonists by Great Britain. After his removal to Pennsylvania, General Neville was a member of the Supreme Executive Council in the years 1785 and 1786. His residence was onhis farm on Chartiers Balled "Bower Hill," about seven miles from Pittsburgh, near to the road from Pittsburgh to "Washington. He had resided a short time at a place called "Woodville, nearly opposite Bower Hill. In my boyhood Bower Hill was owned by Christopher Cowan, who was building a large brick dwelling on "Water Street, below Evans Alley. "While thus engaged a workman offended him. Cowan, who felt his importance, asked him if he did not know the owner of the building. " Sure an' I do," replied the Irishman ; " it's Christy Cooen, — Christy Cooen the nailor." John Wren- shall afterwards became owner of the farm. "Wrenshall was a church-member, son of a worthy Methodist clergy- man, but sharp, shrewd at a deal, while his white flowing beard gave him a venerable appearance. 46 Address to the Allegheny Comdy Bar Association. "While residing at Bower Hill General Neville was in- spector of the United States excise revenue, having his office there, and then at Pittsburgh. The "Whiskey Insur- rection of 1794 involved him in great unpopularity, and led to two attacks upon his house, the first being repelled by arms and loss of life to the insurgents ; the second, by a larger number of insurgents, being successful, and ending in the burning of his dwelling, then the finest in the West, and all its out-houses. The general himself was not at home. General Neville and Major Abraham Kirkpatrick married sisters named Oldham, relatives of Colonel "William Old- ham, and belonging to a noted Virginia family. General Neville died on the 29th of July, 1803, and was buried in the old graveyard of the First Presbyterian Church, which was uprooted not long ago, with all its cherished memories of the olden time, and the bones of its occupants removed, to make way for a building to be used as a parlor, reception- room, and Sunday-school. My opinion of this act of van- dalism was expressed in a dissent to the opinion of the Supreme Court of this State. Neville B. Craig, descended from this worthy line of an- cestors, was born in the Colonel Boquet Redoubt, on the 29th day of March, 1787. He was educated at the Pitts- burgh Academy, and graduated also at Princeton College ; studied law, and was admitted to the bar of Allegheny County August 13, 1810, and opened an office in Pittsburgh while it was a borough. His practice embraced a number of cases in which Richard Biddle was also concerned. As to some of these Mr. Biddle wrote to him from London in a letter dated December 10, 1828. Two of these cases were the celebrated case of John McDonald, whose house on "Water Street, at the foot of Liberty, was cut down from a square to a pentagon, because it encroached on "Water Street, and the still more widely-known Batture case ("Water Street), decided in favor of their clients, the city of Pittsburgh, in the Supreme Court of the United States. In 1829, Mr. Craig became the owner and editor of the Address to the Allegheny Comdy Bar AssodaHon, 47 Pittsburgh Gazette, which he converted into the first daily in Pittsburgh, continuing until 1841, when he disposed of his interest. As an editor he was bold and successful, always holding the pen with a firm and consistent hand, and de- voting his vigorous powers to the best interests of the city of his birth and his country. Possessing a large amount of traditionary lore, and fond of historical subjects, he next published the " Olden Time," a monthly periodical, commenced in January, 1846, and continued until December, 1847. His chief purpose was to preserve and disseminate early important documents and papers relative to the "West, and especially to the head of the Ohio. With him it was a work of love, in which he labored with assiduity and ardor, and collected in two volumes of the " Olden Time" many scarce and valuable records, and preserved many interesting events, which else had not reached the eyes of the general public. But in this, as often in other efforts for the benefit of mankind, that public failed to prize the value of this contribution to the interests of history and of the city itself. Mr. Craig was a forcible writer, often pungent and severe. He was one of the noli-me-iangere sort, whose shield it was unsafe to strike with the lance's point. He returned blow for blow, with interest, having not only strong convictions, but the courage to back them. He was the author of several historical works, one of them a " History of Pittsburgh." Pittsburgh and the "West owe much to his spirit of inquiry and literary labors, constituting a rich mine for the future reader and historian. He was solicitor of the city of Pittsburgh from 1821 until 1829. In March, 1822, he formed a partnership with the Hon. Walter Forward, lasting several years. He married Jane Fulton, May 1, 1811, and died March 3, 1863. Isaac Craig, the well-known writer, now living in Allegheny, is his son. To him I am indebted for many in- teresting facts as materials for these sketches. 48 Address to the AUeghmiy Cowaty Bar Association. CHARLES SHALBR. Connecticut has given to the bar of Allegheny County several talented and loyal sons. One of these was Charles Shaler, born in that State in 1788, and graduated from Yale. He went to Ravenna, Ohio, in the year 1809, to attend to lands owned by his father, who was one of the commis- sioners to lay off the Connecticut Reserve, generally known as the "Western Reserve. There he studied law, and was admitted to the bar. In 1813 he came to Pittsburgh and was admitted here. He soon obtained practice and became prominent in politics, first as a Federalist, and next as a Ifational Republican. His first office was as judge of the Recorder's Court of Pittsburgh, presiding from 1818 until 1821, He next was commissioned, June 5, 1824, following Judge Wilkins, as president judge of the courts in the Fifth Judicial District, composed of the counties of Allegheny, Beaver, and Butler, resigning May 4, 1835, and returning to practice. Previous to the Presidential election of 1832, he had been a National Republican ; but anti-masonry, having reached the western counties of Pennsylvania from Buffalo, New York, about 1830, continued to make progress, and in 1832 had drawn in a large number of votes in the three counties in which he presided. During this time the Statesman was edited by John B. Butler, a friend and fellow Freemason of Shaler. Butler was a violent anti-Jackson man in the campaign of 1828, and had brought out the coffin hand-bills, first printed by John Binns, of Philadelphia, and posted them on the front of the Statesman's office, a small one or one-and-a-half story frame building on the corner of "Wood and Fourth Streets. These hand-bills represented the deaths and coffins of John Woods, and the six Tennessee militia- men, shot by the order of General Jackson. Butler circu- lated these largely. At this time Charles Shaler and other Adams men stood beside John B. Butler, strong, indeed violent, in their opposition to Jackson. But in 1832, anti- masonry having acquired strength in this region, Moses Sul- Address to the AUeghmy Comdy Bar Assoaiation. 49 livan, of Butler County, being elected to the Senate of Pennsylvania on that ticket, the anti-masons voted for "Wil- liam Wirt for the Presidency. Henry Clay was the candi- date of the National Republicans. But owing to the number of candidates opposing Jackson in 1832, many counties Avere scarce of electoral tickets. They were scarce in Beaver County, many National Eepublicans there voting for "Wil- liam "Wirt in consequence. Presumably Butler, Shaler, and other Adams men voted for Clay, but they voted for George "Wolf in opposition to Joseph Ritner, the anti-masonic can- didate. The election of Joseph Ritner, in 1835, and the crusade of Thaddeus Stevens against masonry settled the matter with many masons ; and Shaler, Butler, and some other Adams and Clay masons in the West, became Demo- crats, voting for David R. Porter, in 1838, against Ritner. Shaler ever remained a Democrat. Butler was rewarded by an appointment at the United States Arsenal in Lawrence- ville. Shaler never sought political elevation, but he took an active part, and became an acknowledged leader of the Democracy in Allegheny County. In 1841, Charles Shaler was appointed, May 6, associate judge of the District Court of Allegheny County, and held the office until May 20, 1844, when he resigned and returned to the practice of his profession, in which he continued until his eyesight failed. He retired, esteemed and respected by his fellow-citizens as a gentleman and a lawyer and advo- cate of high character, unstained integrity, and unblemished honor. As a lawyer and judge he was brilliant rather than solid. His mind was quick and subtle, his language chaste and exuberant, and his elocution pleasing, though slightly broken by a partial stutter, a quality making his racy humor often- times more effective. In his earlier days on the bench, the litigation in Beaver and Butler Counties was largely between the warrantees and the settlers, involving land-titles and questions of survey. The latter he professed not to under- stand. Indeed, his mind did not take cordially to the dry details of courses, distances, corners, blazes, blocks, and 4 50 Address to the AUeghmy Ckmniy Bar AssodaMon. variation of the compass. In regard to land-titles of the peculiar kind in these western counties his decisions were not always affirmed by the Supreme Court. I remember a case in Butler County in 1830, a settlement on warranted and surveyed land, in which he ran so strongly to the set- tler's side he pledged his reputation as a lawyer that the settlement would be supported on a view he took, somewhat novel and contrary to the current of decision. Unfortu- nately for his pledge, he was reversed. On the creation of the Seventeenth Judicial District, in the winter of 1831, Beaver and Butler Counties were with- drawn from the Fifth District, leaving Allegheny County remaining the Fifth alone. During the War of 1812-15, and while he continued in Ohio, some disloyal expressions were attributed to him, which were repeated against him after he came to Pitts- burgh. But they were doubtless the foolish ebullitions of youth, or of hasty rashness. They never lost him favor in the city of his adoption. Judge Shaler was twice married; the first time to a daughter of Major Abraham Kirkpatrick. The issue of this marriage was two sons and three daughters. His second wife was Miss Mary Ann Riddle, a daughter of James Eiddle, long time an associate judge of Allegheny County, and in his day a noted local politician. His court- ship of this lady being known in Beaver caused occasional amusement at the judge's expense ; it being observed that in his haste to return to Pittsburgh he often ended the court on Wednesday or Thursday on the plea of an im- portant engagement at home. This was true, and his en- gagement ended in marriage. Judge Shaler, after the loss of his eyesight, went to reside in Bellefonte, Centre County, but being called by the illness of his daughter, the wife of the Rev. Mr. Hodges, to New- ark, New Jersey, in the winter season, he took a violent cold, became ill, and died there, March 5, 1869. Address to the AUeghmy Ckmnty Bar AssodaHon. 51 KICHAED BIDDLE. The bar of Pittsburgh bad long been distinguished for its ability. When Richard Biddle entered it he added an- other eminent and highly-prized name to its galaxy of bril- liant stars. He was one of the younger sons of a large family of boys, born to Charles and Hannah Biddle, of Philadelphia, a family distinguished in the public service, and esteemed in private life for talent and high qualities. The army and navy had lustre from their service, and the bar derived no less reputation from their ability and emi- nence. Richard Biddle was born in Philadelphia, March 25, 1796. In the "War of 1812-15, though quite young, he joined the "Washington Guards, seeing some service near "Wilmington, Delaware, and in 1813 became an ensign in the Guards, under the command of General Thomas Cadwalader, at Camp Dupont, remaining in service until December, 1814. He read law with "William S. Biddle, an elder brother, and was admitted to practice in Philadelphia in 1817. In the same year he came to Pittsburgh, was admitted Novem- ber 10, 1817, and soon rose to eminence. One of his first cases was the prosecution of John Tiernan, who was con- victed of murder in the first degree, and hanged in the hollow of Suke's Riin, at the foot of Boyd's Hill, a few yards above the stone culvert over which Second Street (Avenue) then crossed. After this Mr. Biddle pursued his practice with diligence and labor, rising at every step until 1827, when he retired from the bar for a time to visit England. He resided in London several years, pursuing favorite studies in the public library of that city, at the same time visiting the courts and keeping up his relish for legal pro- ceedings. "While in London he wrote the life of " Sebas- tian Cabot," a work, it was said, of great labor and re- search. For reasons now unknown he became dissatisfied with his eflrart, and (as I heard after his return to Pittsburgh) bought up and suppressed the edition so far as possible. 52 Address to the Allegheny Oomdy Bar Association. Whether any copies reached Pittsburgh I am not informed. On his return, in 1832, he recommenced the practice with his usual diligence and ability. During his absence Mr. Biddle was not unmindful of his law business. To his friend, Neville B. Craig, he wrote a long letter on various subjects. Among matters of busi- ness he referred to the John Wilkins estate, on which he administered ; to the Batture or "Water Street case of Pitts- burgh ; to the case of the Commonwealth vs. John Mc- Donald, and other causes in which he had been employed as counsel. The letter is dated London, December 10, 1828. In 1837 he was elected a representative in Congress from the Allegheny District, and was re-elected. He served in Congress with distinction, recognized by his fellow-members as a gentleman of high character and eminent ability, and served also to the satisfaction of his constituents, and to their regret resigned in 1840. The bar was his true sphere, and he felt out of his proper atmosphere in Congress, where sound argument and eminent statesmanship were too often disregarded for less patriotic reasons. After his resignation he continued in practice until his death. One of the noted cases tried by him was as leading counsel, with Walter Forward, in the defence of John F. Braddee for robbing the mails at Uniontown, Pennsylvania. On both sides was a rare combination of eminent lawyers, making the trial before Judge Baldwin, in the Circuit Court of the United States, one of the most memorable in Western annals. The struggle between these giants of the Western bar was intense and exciting, and among them Mr. Biddle shone in the vigor of his high powers, and in the command- ing argument and eloquence of his addresses. About the same time I had, myself, an opportunity of witnessing the peculiar force and character of Mr. Biddle's intellect, as his colleague, in the then famous case of the Gregg family of Pittsburgh and James Patterson, of Brighton, an ejectment for the undivided half of the prop- erty on which Beaver Falls now stands. The controversy grew out of an illegal sheriff's sale of Isaac Gregg's real Address to the AUegheny County Bar Assooiaiion. 53 estate, as a partner and co-tenant of Oliver Ormsby, who, with Mr. Gregg, had been engaged in the iron business at Brighton before 1812. Mr. Biddle took no notes in the trial except a few at wide intervals on the white foolscap, of the name of a witness, or of a fact he desired to notice. These few black marks on an illuminated ground seemed only as aids to recollection. The trial he left largely to myself, who had prepared the case, yet always keeping a close watch and ready to suggest. His address to the jury was remarkable for its keenness and power and for its adroitness and persuasiveness. He had studied it in all its aspects, personal and subjective. Mr. James Patterson was then the largest miller in the county, buying all its wheat, and popular among the farmers, who chiefly composed the jury. Mr. Biddle's description of how Mr. Patterson, the farmer's friend and public benefactor and popular gentle- man, would meet the jurors after a verdict in his favor, his hearty handshake, his words of praise and gratitude, and then his sharp, telling contrast between the rich miller and the poor insane widow, and the distant stricken children of Isaac Grregg, the fraud of the sheriflF's sale, and the sympar thy due to the defrauded deceased, and his oppressed and helpless family, the widow too insane to know her rights, and the children too poor, too ignorant, and too young to defend them, was one of surprising power, telling on the jury until no doubt seemed to rest on the verdict. But the positive instruction of the court left no room to the jury to be swayed by the masterly argument of Mr. Biddle. "We lost, but had the satisfaction, afterwards, of reversing the judgment on leading points. The case being one of great lapse of time, involving large improvements and some doubtful facts, was compromised without a second trial. Mr. Biddle's mind was not rapid in its operations, but of immense momentum in its force, the result of large prepa- ration and long and matured thought. Naturally Mr. Bid- dle was not eloquent, but, as it is said of Demosthenes, he overcame his defects, and became impressive and forcible in argument and expression. His thoughts were logical and 64 Address to the AUeghemy Comdy Bar Assodaiion. his language well chosen and exceedingly effective. Those who knew him best have told of his preparation and his re- hearsal of his speeches in the privacy of his room. Of the latter I can bear some personal testimony, having heard him at night in the second story of his office building on Third Street (Avenue) below Market Street, and between the dwellings of Mayor John Darragh and Major Ebenezer Denny. In the upper room, between 1824 and 1828, he was often heard speaking to the walls, as though they had ears, with earnestness and full utterance. Kiichard Biddle was a gentleman of fine literary taste and acquirement, as well as of a large and accurate knowledge of the law in its highest sense. His reading was said to be various and extensive. I remember well of the wonder of the youngsters, of whom I was one, at the statement that he had actually read Henry's " Commentaries on the Bible" through and through. In the main he was not very social, but rather exclusive, seeking communion with books and his own thoughts, and a few friends only, but at times he would unbend and be- come exceedingly pleasant. In my personal intercourse with him on business I found him courteous and always ready to impart his views. An anecdote is told of his meeting a friend, a member of the bar, who boasted of a fee he had received in the shape of a very fine dog ; Biddle replied he was sorry to hear his fees were so cur-tailed. On the 17th of June, 1844, he was married to Miss Ann Eliza, eldest daughter of John Anderson, of Allegheny City. In 1845, he lost largely by the great fire of April 10, including all his books, valuable briefs, notes of trial, various papers, and numerous curiosities. He did not sur- vive long, dying on the 6th of July, 1847, leaving a widow and two children. JOHN HENKT HOPKINS. John Henry Hopkins, by birth an Irishman, was born in the city of Dublin January 30, 1792. He came with his parents to the IJnited States in the year 1800. He was Address to the Allegheny Comdy Bar AssodatUyn. 55 classically educated, but his Alma Mater is unknown to me. His first business was that of a clerk in Philadelphia. Having a taste for drawing and painting, he assisted in the preparation of the plates for " Wilson's Ornithology." About 1810 or 1811 he was brought out to Basaenheim Furnace, near Zelienople, Butler County, by John S. Glaser (my uncle) as clerk and manager of the furnace. While there he became acquainted with the family of George Henry Miiller, a German merchant, who had failed in business in Hamburg (I think), and emigrated to the United States. His family consisted of his wife, a son William Edward, and several daughters. The son entered business in Pitts- burgh. While driving to Braddock with Miss Nancy Denny, to whom he was engaged, and within a week of the day fixed for their marriage, he was thrown from his gig and his thigh-bone broken. He was brought to Major Denny's house on Third below Market Street, where he died. John H. Hopkins married a daughter of Mr. Miiller, Meli- cina, a lady of rare accomplishments, excelling in music and painting, who became a valuable assistant when he opened his school for young ladies in Allegheny. Mr. Glaser sold Bassenheim Furnace to Daniel Beltz- hoover, of Pittsburgh, and Mr. Hopkins went into the iron business vnth General James O'Hara, in Westmoreland County, at or near Ligonier. But this business failing, as indeed all business did after the War of 1812-15, Mr. Hop- kins studied law, and was admitted, after a short course of study, in Allegheny County April 9, 1818, and at a later day formed a partnership with W. W. Fetterman. As a lawyer he was credited with being sharp and full of expedients. Tiring of the law, in 1823 he turned his attention to divinity, and in 1824 became the rector of Trinity Church, on the triangle bounded by Liberty, Wood, and Sixth Streets, succeeding the Eev. John Taylor. He studied architecture, and planned and superintended the building of the new Trinity on Sixth Street (Avenue), between Wood and Smith- field Streets, in the Gothic style. 66 Address to the Allegheny Qnmiy Bar Assoda&m. During this time he built the house on the Beaver Eoad (now Western Avenue), Allegheny, lately occupied by the Hon, Robert McKnight. There he and his wife taught a classical and art school for young ladies, where before 1830 many of the young ladies of Pittsburgh were educated. He was also professor of belles-lettres in the "Western University about 1823-24. Rising in the church, he was called to Trinity Church, Boston, and was also professor of divinity in a theological seminary there. In 1832 he was chosen the first bishop of Vermont, and took the rectorship of St. Paul's Church in Burlington, where he resided until his death. Still filled with the desire of educating youths, he built and established a boys' school in Burlington, which, hovever, involved him BO greatly the property was sold for debt. He became quite a voluminous writer, chiefly on theo- logical subjects, and published many sermons, addresses, and some books on subjects mainly connected with the Episcopal Church and its affairs. Among his works was the " American Citizen," published in 1857, which created a sensation on account of his vindication of American slavery on Bible grounds. He belonged to the High Church party, and was honored by Oxford with the degree of Doctor of Canon Law. Mr. Hopkins was a gentleman of culture and refinement, a fine musician and painter, and well up in art, and was also an accomplished speaker. His diction was classical and elegant, sometimes bordering on eloquence, and always pleasing and attractive. He was an accomplished reader, and always read his sermons. My father had a pew in New Trinity, and I often listened to his services. I remember of hearing his sermon on the Trinity, in which he likened trinity and unity to the memory, imagination, and judgment, as three faculties in one mind. He was the father of five sons, who became distinguished in their professions and callings. He died at Rock Point, Vermont, January 9, 1868. Address to the AUegheny Camdy Bar Assodation, 57 JAMES HALL. About the year 1820, a collocation of lawyers' offices stood on the east side of Third Street, a few doors from Wood towards Market Street. They were occupied by Harmar and "William Denny, Harry Campbell, Duncan S. "Walker, and others. A little later came in Robert J. Walker, who removed to Natchez, and in course of time became a well-known senator of the United States, and Secretary of the Treasury. Among the gentlemen whose offices stood there was one remembered or known by few of the present day, who moved westward, and became eminent as a jurist and a man of letters. James Hall was born in Philadelphia, August 19, 1793, and began the study of law there, which was in- terrupted by the War of 1812-15. He first served in the Northern troops on the Niagara border, where he distin- guished himself at the battles of Chippewa and Bridgewater on Lundy's Lane. After the close of the war he sailed as an offier in Commo- dore Stephen Decatur's squadron, in the expedition against Algiers. In the month of October, 1816, Lieutenant Hall reported himself for duty to Major A. E. WooUey, at the United States Arsenal near Pittsburgh. Soon afterwards dif- ficulties sprang up between them, ending in a court-martial convened at Pittsburgh, September 11, 1817, composed of Major Thomas Biddle, president; Captain Isaac Eoach, N. N. Hall, James H. Eees, and Lieutenant Richard Bache, members; and Thomas T. Stevenson, judge-advocate. After a trial, lasting until September 25, 1817, Lieutenant Hall was convicted of unofficer-like conduct, of disobedience to orders, and of conduct unbecoming a gentleman, and was sentenced to be cashiered. On the 27th of November, 1817, the President approved of the sentence, but in con- sideration of his fair character in other respects, his brave and meritorious conduct during the late war, and in ex- pectation that his future deportment would merit the lenity extended towards him, he remitted the punishment and re- 58 Address to the Allegheny County Bar Assodaiion. stored him to his rank, and ordered his release from arrest, and to report for duty. The proceedings in this trial were printed in Pittsburgh in 1820, by Eichbaum & Johnston. One cannot read them without being impressed with the belief that the prosecution by Major Woolley was largely the fruit of his tyrannical and vindictive spirit, and the result of Lieutenant Hall's high tone and temper, which could not brook what seemed to him the oppression and insult of his superior officer, carrying him by his loss of temper beyond the line of military subordination. The conviction, in view of the necessity of military obedi- ^ ence, though hard, was technically right ; but the action of the President shows that he appreciated the circumstances of the case, and in view of Lieutenant Hall's merits relieved him from the effect of the sentence. Major Woolley was himself tried by court-martial at Jefferson Barracks, and on the 14th of March, 1829, convicted and dismissed from the service by order of the President, April 28, 1829. The trial brings back to my memory many well-known Pittsburghers, — for example, Stephen Barlow, Henry Bald- win, Dunning McNair, "William B. Poster, Dr. Catlett, Charles Shaler, Edward J. Roberts, and Jailer Barney Hubley. The defence of Lieutenant Hall, by himself, was masterly, exhibiting not only forcible argument, but that rich style and exuberance of expression for which he became noted as a writer. The place of the meeting of the court- martial, I presume, from the mention made, was the tavern of Kerr, a well-known hostlery in my youth, on the southeast corner of Second and Market Streets. In 1818, Lieutenant Hall resigned his commission in the army, having previously recommenced the study of the law in Pittsburgh, and was admitted to the bar on the 30th of June, 1818. In 1820 he removed to Shawneetown, Illinois, where he practised his profession, and also edited the Illi- nois Gazette, and was for a time treasurer of Illinois. About 1825 he was elected to the office of circuit judge of the State, which he held until 1833, having removed to Cincin- nati late in 1832. Address to the Allegheny Cawrdy Bar Association. 69 He also published in Shawneetown the " Illinois Maga- zine," beginning in October, 1830. In it he wrote largely on the subject of the Western Indians, condemning the gov- ernment and the people of the United States for their injus- tice to the red man. This magazine is said to have been the first of its kind published in Illinois. It was devoted chiefly to historical articles and criticisms. Among its contribu- tors were James H. Perkins, Otway Curry, and Salmon P. Chase. After his removal to Cincinnati Mr. Hall began, in Janu- ary, 1833, the publication of the " Western Monthly Maga- zine." Among its contributors were many well-known writers, such as Rev. I. M. Peck^ E. P. Mansfield, Morgan Neville, Salmon P. Chase, Mrs. Cg,roline L. Hentz, Miss Hannah F. Gould, and Harriet Beecher (Mrs. Stowe). Hall himself wrote largely criticisms, stories, and historical notes. As a writer he was often caustic and severe, but always in- teresting. His course on two subjects of controversy tended to lessen his popularity, — his defence of Catholicism in the West and his attacks upon " Abolition." His writings outside of his magazine were voluminous and attractive, among them legends, tales, biographies, his- torical sketches, and statistics. Many years ago I remember of reading his " Harp's Head," a relation of a most myste- rious murder of a Virginia planter, singular in its circum- stances and undiscovered for a long time. The murderer was a remarkable negro, named Harp, and, after his execu- tion, his head wa;8 stuck up on a high post on a road, which thenceforward bore the name of the " Harp's Head Eoad." Mr. Hall was a man of genius as well as of culture. About thirty years since an edition of his entire works was published. He died near Cincinnati July 5, 1868. HENRY a. PIUS. There was a lawyer, probably now entirely forgotten as such, named Henry G. Pius, pronounced Pees. An amusing incident recalls his memory. He was a Ger- man emigrant, and evidently a gentleman in manners and 60 Address to the AUeghmy Cowrdy Bar AssodaMon. education ; but being quite poor, and a fine violinist, he was compelled to resort to teaching dancing for a livelihood. I remember him well. It required hard pushing to thrust me into his dancing-room, then on the corner of Market and Second Streets, and quite as hard pulling to draw me out. In the mean time while teaching he studied law, and was admitted to the bar August 19, 1820. The German popula- tion was then quite small, the foreign element of Pittsburgh being almost wholly Irish. Pius was therefore compelled to continue teaching the light step and pointed toe. Still he longed to dance the legal field and engage with the law- yers' high emprise. But his German tongue barred the way. Like Richard Biddle, he therefore practised in his own safe retreat. On one occasion he set up his bow in one place and his violin in another, as judge and jury. Imagining his cause as one of importance to draw forth all the eloquence of his heart, he commenced, " Mr. Shudge, and you Jentlemans of de Shury, I will now bresent dis important case of my clients, so clearly as I can, to make you see his droobles." But here his tongue failed of its duty. " Oh, Gott tarn dis Dootch tongue of mine, he never goes right!" Ee began again, " Mr. Shudge and you Jentlemans," but again the words failed to flow in good Englisb, and he said, " Oh, hell, tarn dis Dootch tongue, I will pull him out." Suiting the action to the word, he gave it a wrench, equal to his temper, so hard it soon swelled to double its size, and be- came so painful he had to call my father from his office across the street to treat it. Pius's dancing-room was then on the corner of Third and "Wood Streets. ' Poor fellow ! He got no practice, and removed, I think, to Paris, Kentucky.