F 72 .M7 M68 Copy 1 DEDICATORY EXERCISES AT THE New Registry of Deeds and Probate Building, CAMBRIDGE, MASS., NOVEMBER 13, 1900. .jjftr******* ill Excii^^ 9 Arner. Ant. Soc. 25 Jl »9° 7 DEDICATION EXERCISES. The County Commissioners of Middlesex County, realizing that the completion of the new Registry of Deeds and Probate Building in Cambridge would be an event of unusual interest to all who practice in the Probate Court, or utilize the rooms of the Registry of Deeds, as well as to the general public, concluded to invite the Bar Association of Middlesex County to take charge of such ceremonies for the formal dedication of said building as they might consider wise and expedient. The Probate Court came in on Tuesday, November 13, 1900, Judges Mclntire and Lawton upon the bench. The business of the court being suspended, Samuel K. Hamilton, Esq., president of the Bar Association, addressed the court as follows: — Remarks of Samuel K. Hamilton, Esq., President of Middlesex Bar Association. Mav it please Your Honors:— ' To-day there has been heard within these walls the official announcement "Court" for the first time. It is a noteworthy occasion The transfer of two great departments of the machinery of our government from the building lately occupied by them, and so recently erected, to the present edifice ; a trans- fer caused by the rapid growth of the county in wealth and population, and the enormous increase in the business carried on in these two departments. In this building have been assembled and arranged for con- venient use the records of the conveyances of real estate in the county since its organization to the time when it was divided into the Northern and South Districts, and, since that time, those made within the Southern District. Here, also, are the original wills probated and the records of the administrations of estates granted during the same period, and here at this moment that court, through whose administrative hands passes the en- tile property, real and personal, in the county during each gen- eration, is holding its first session. It is therefore fitting that the Bench, pausing in the dis- charge of its judicial functions, that the executive officers of these' departments, suspending their labors, and that the mem- bers of the Bar, leaving their offices, should assemble here and participate in setting apart this building to the use of the people of the county, and dedicate it to the safe keeping of the precious records of the property in the county, and to the administration of that branch of the law which touches all the people more closely than any other. Erected for the purpose of obtaining ample accommodation for the Registry of Deeds for the South- ern District and for the Court of Probate and Insolvency of the county, that design has been fully executed. Viewed from anv point of the compass, it presents a building imposing in size, symmetrical in proportion, and beautiful in architecture. An examination of the internal construction and arrangement re- veals ample quarters for the rapidly-accumulating records of both departments, commodious and thoroughly furnished rooms for the executive officers, and spacious, well lighted, and well ventilated court rooms for the transaction of judicial busi- ness, while the Bar has not been forgotten in the luxurious apartments furnished for their convenience. The county is to be congratulated upon the ownership of such a structure. The Courts, the Registers, the Bar, and the people are to be congratulated upon the comforts and privileges which it affords. The thanks of all of us are due to the builders of this mag- nificent structure ; to the architects who designed and superin- tended it, and to that Board whose foresight conceived it, whose energy made it possible, and whose constant watchfulness and care have made it the solid and enduring edifice it is. I ask Your Honors to listen to the chairman of that Board, Hon. Levi S. Gould. (See page 7.) ********** In 1635 Cambridge was designated as one of the four towns in Massachusetts in which courts should be holden. and when the County of Middlesex was organized in 1643, it was made the shire town of the county, and I think it has continued a shire town to the present time, although there was a number of years between 16S8 and 1717 when the records were kept in Charles- town. In the latter year the controversy between the two towns was settled by an act of the General Court, and the records of the courts, including the Probate Court, have remained here ever since. Cambridge is represented on this occasion by her Mayor, Hon. Edgar R. Champlin. (See page 11.) ********** The nineteenth century has witnessed the growth, on the banks of the Merrimac, of the largest municipality in this county. It is a city of great manufacturing industries, and its productions are seeking an open door into every civilized coun- try on the face of the globe. Nearly half a century ago it be- came one of the shire towns of the county, and it has its own magnificent court house and jail. Its citizens never lack in- terest in anything which pertains to the welfare of other portions of the county. It was expected that Lowell would be repre- sented on this occasion by her Mayor, but I have just received word that he is unable to be present on account of illness, and there has been no time to extend a proper invitation to any other person to speak for him. There are fiftv-four cities and towns in the county, all growing and prosperous, and all ambitious to promote its gen- eral welfare, and nearly all of them are represented here to-day. Time forbids my calling on the representative of each of these cities and towns, but I am going to call on Hon. Selwyn Z. Bow- man, of that young and thriving residential city of Somerville, and the third largest in population in the county, to speak not only for Somerville, but for all the rest of the county. Hor Selwyn Z. Bowman. (See page 13.) ********** Bv the transfer of the Registry of Deeds and the Probate Court to this building, the accommodations for the Supreme Judicial Court and the Superior Court have been enlarged and improved, for which there has been a great necessity for years. It is a part of the comprehensive plan which has now been car- ried into execution. The clerk of these courts, who is also clerk of the Board of County Commissioners, has been an active motive power in the promotion and execution of this great work. I venture to ask him to speak on this occasion without notice. Theodore C. Hurd, clerk of all the courts. (See page 20.) ********** May it please Your Honors: — The Bar Association of the County of Middlesex, acting as the mouthpiece of the County Commissioners, present to your court, for its use and the use of its Register and the Register of Deeds, this palatial structure. It is transferred unhampered by any Statute of Uses except of good care; unlimited by any Statute of Limitations except that of decay. To no better hands than yours could it be entrusted, worthy successors of a long line of distinguished jurists. Here may the priceless treasures it contains remain in safety, and here may that justice which emanates from the throne of the Most High be administered. Shall we have a response from both Judges of this Court? (See pages 22 and 26.) * * * * * * Remarks of Hon. Levi S. Gould May it please the Court: — A detailed statement of the legislation which culminated in the construction of this building is lengthy, and therefore omitted. Various acts of the Legislature, however, authorized an ex- penditure for land, construction, and complete equipment, ag- gregating $700,000. They also provided for a special commission, consisting of Hon. Charles J. Mclntire, Hon. George F. Lawton, and Hon. Theodore C. Hurd, to act in conjunction with the Board of County Commissioners in the approval of contracts, etc. My official connection with county affairs dates from Janu- ary 1, 1897, subsequent to the approval of plans and specifica- tions by joint action of said Commissioners. In March of that year a contract for the erection of the pres- ent structure was awarded to Thomas H. Connell, of Lowell, he being the lowest bidder. This contract covered everything but the furniture and steam heating, the latter being awarded to Albert B. Franklin. Work was immediately commenced and prosecuted by Mr. Connell, until he was unfortunately forced to assign, and the balance of his contract has been completed by the Commissioners. Most of the sub-contractors continued under the Commissioners at the prices made with Mr. Connell. It was found that certain work had never been contracted for by Mr. Connell, which omissions we were obliged to supply. Owing to the passage of a general law by the Legislature sub- sequent to the making of our contract for wooden furniture (see Section 10 of Chapter 439, Acts of 1897), we were forced to sub- stitute steel in place of wood, at a largely increased cost. In a financial way this was unfortunate, but it gives ample protection to most important documents. In the exercise of excellent judgment, my associates, early in the history of this undertaking, selected Olin W. Cutter, of Boston, as architect in charge. The work, which has been com- pleted under his supervision, you are now surveying, and have an undoubted right to criticise from your own standpoint. Speaking for your Commissioners, however, it is but fair and just to say that he has won the entire confidence of the Board, under the most difficult and trying circumstances, by his tact, energy, skill, and fidelity. In the erection of an important public building beauty, grandeur, symmetry, and power should be considered. With a due regard for economy in cost and space, these attributes should be so harmoniously blended as to produce the highest degree of convenience and adaptability. From the ruins of the past may be gathered most that is valuable in the art of architecture. Their graceful proportions, substantia] and symmetrical outlines by skillful manipulation and careful treatment are easily adapted in the construction of the more serviceable, but less extravagant, demands of the pres- ent day. Many noted monuments of antiquity, however, were not erected for public purposes, but in self-commemoration, to gratify the vanity, caprice, or conceit of powerful and despotic rulers. It may not be out of place to consider briefly one of the earliest and grandest achievements of the builder's art, a con- spicuous example of the products of tyranny and oppression, and to criticise its erection and purposes in the light of the liberty and civilization of the twentieth century. Amid the impenetrable mysteries of those huge piles of sandstone and granite, time-worn and silent, which stretch along the valley of the Nile, stands the great pyramid of Ghizeh, the mightiest evidence of the handiwork of man. In awful grandeur it dwarfs the architecture of all the ages, baffles the skill of science to comprehend the methods employed in its erection, and staggers the intellect with its vast proportions. A monu- mental relic of the constructive art of Egypt whereon the tears and complaints of a countless multitude were lavished during the weary years which preceded its completion. Erected as the final resting place of a cruel and heartless tyrant, who forced his subjects to labor according to his own relentless will, and even forbade them the sweet consolation of any form of religious ex- ercises, his memory is universally execrated, and his ashes are strewn upon the sands of the desert. The tomb of Cheops has commanded the attention of the centuries, but has contributed nothing: to the service of mankind. Thanks unto God that the spread of the teachings of the blessed Emmanuel have so ele- vated the nations that a return to such conditions of tyranny and servitude seems impossible! In architecture, the freedom of the people has resulted in a demand for the serviceable, rather than of the strictly ornamental, which is too liable to prove not only extravagant, but practically useless. The inhabitants of Old Middlesex inherit from a sturdy ancestry those thrifty qualities which stand for utility rather than ostentatious display. In def- erence to this sentiment, your architect was instructed to draft such a plan for this structure as seemed best adapted to the in- terests and desires of the people, and to satisfy all reasonable de- mands for symmetry and order. He has produced an edifice after the modern type of Italian Renaissance, which admits of a freer hand and more liberal treatment than the original Greek or Roman orders in the intro- duction of those essential requirements in a building of this char- acter, convenient clerical apartments, ventilation, and light. It has been finished and furnished as required by the dictates of law and necessity, and within the appropriations granted by the Legislature While it is most sincerely to be regretted that any contractor, through errors of judgment, or otherwise, was obliged to confront a loss, it must be allowed that our duty to the county admitted of no deviation from the express stipulations of the con- tract. Acting in the interest of all the people, we are met to dedi- cate and devote this most excellent building to the purposes for which it is intended, in full confidence that its superior in every appointment of strength, symmetry, convenience, safety, and economy of construction does not exist. Hallowed by the traditions of early Cambridge as an out- post of Western civilization, and later on as a centre of learning, science, and refinement, it is endeared to the lover of our native land for the natriotic memories which cluster about it as the bor- der line of fighting Middlesex and the headquarters of the Conti- nental army in its first campaign under the "Father of his Coun- try," who, on an eminence near by, flung to the breeze and dedicated to the God of battles and the angel of peace the first distinctive American ensign. Modern science, struggling to resurrect those mighty prob- lems buried in the distant ages of the past, has invaded the 10 visionary realms of imagination and pictured the phantom craft of the sturdy Viking cleaving the waters of yonder river in search of plunder, and finally establishing a settlement upon these shores a thousand years ago. In view of all this, may we not pause and call to mind the familiar symbol of the burning bush, wherein God said, "Draw not nigh hither; put off thy shoes from off thy feet, for the place whereon thou standest is holy ground." The ground whereon this building stands, mark- ing, as it does, the dividing line between British oppression and the inception of American independence, and afterwards yield- ing to the footprints of the immortal Washington and his little band of crude and homespun followers, should be holy and sacred to the heart of every lover of liberty. In the depths of the night which preceded the dawn of the ever-to-be-remem- bered morning of April 19, 1775, approaching with muffled oars, a detachment of British hirelings landed near this spot. With whispered commands they stealthily formed upon this very ground, and passed out into the darkness of midnight as an ad- vance guard of despotism, to surprise the people and crush out their liberties bv fire and the sword. But the "eye that never sleeps" was upon them. The flash of the lantern in the belfry of the "Old North," and the wild ride of Paul Revere rung out the warning to that Spartan band who shed their blood and gave their lives to ciieck them at Lexington, while at Concord they were hurled back in disorder and disas- trous rout at the hands of those farmers of Old Middlesex who "fired the shot heard round the world." Since that fateful night no flag of oppression has waved on Lechmere Point, but, in place thereof, a' Continental redoubt crowned this elevation during the memorable siege of Boston, guarding the passage of the Charles, and standing as a sentinel to Middlesex beyond, giving way in process of time to yonder building surmounted by its golden scales. As beacon lights of liberty, consecrated and time-honored, they have glistened and danced in the sunlight flash of the early dawn, and kissed the rays of departing day. There may they ever remain in equal poise, a fitting monument in these historic grounds, and a promise of equal rights and of justice impartial to all within the borders of ancient Middlesex. Remarks of Hon. E. R. Champiin. May it please the Court: — It is eminently appropriate that the municipality within the limits of which this beautiful structure is located should be offi- cially represented upon this occasion, not alone because this edi- fice is here erected, but emphatically for the reason that Cam- bridge, with the exception of a brief period, has been a place where judicial sessions of the Court have been held since the Gen- eral Court abandoned its prerogative of determining questions in- volved in litigation, and delegated its powers by an enactment, March 3, 1636, and provided that four courts shall be kept every quarter, one at Ipswich, one at Salem, one at Newe Towne, and one at Boston. And Cambridge continued to be the place of the sessions of the court for the County of Middlesex when the colony was divided into counties May 10, 1H43. Neither the his- tory of the county nor the records of the city disclose the precise location of the first court house, nor when it was constructed. But it must have been burned prior to 1671, for it appears from the files of the court that, in that year, provisions were made for rewriting whatever could be found from the records after the fire. But about 1708 a court house was erected in Harvard square, which served the purposes of the court for substantially half a century. A committee was appointed by the proprietors of Cam- bridge to secure land for the purpose. Gathered as we are to-dav in this beautiful and commodious edifice by way of contrast it is interesting to notice the report of the committee of the proprietors, wherein they give an account of their stewardship in securing- the land and building for the first court house. A portion of their report is as follows: — "Pursuant to the aforesaid appointment, we . . . have agreed with and granted liberty unto the said John Bunker and Andrew Bordman to make a lower room under the said house (which we apprehend will be about thirty feet in length and twenty-four feet in width), the said lower room to be about seven 12 or eight feet stud, betwixt joints, with a cellar under the whole of the said house ; the aforesaid lower room and cellar to be for the use of the said Tohn Bunker and Andrew Bordman, their heirs and assigns forever, excepting an entry through the middle of the said lower room, of about six feet wide, and a stairway for passage into the said court house, or chamber, as the committee for build- ing the same shall see meet ; the remainder of the said lower room and the whole of the said cellar to be for the use and benefit of the said John Bunker and Andrew Bordman, their heirs and assigns, forever, as aforesaid." It thus appears that the upper floor of a building thirty by twenty-four feet was expected to be sufficient to accommodate the court in the transaction of its business, the lower room and cellar to be occupied by others. Toward the expense of this structure the county contributed the sum of thirty pounds. Somewhere about the beginning of 1758 a new court house was erected in Harvard square, which was used for court pur- poses until the present location at East Cambridge was selected ; but during this time residents in the various portions of the city, anxious to secure the supposed benefit to neighboring real estate expected to accrue from the nearness of public buildings, made strenuous efforts to secure locations for the court house in their particular sections ; but Andrew Craigie, with his customary en- terprise and his usual ability to distance his competitors, suc- ceeded in securing: the location for the new court house near the present site. In order to accomplish his purpose, he and his as- sociates made a present of extensive grounds, with the court house and jail thereon, which cost about twenty-four thousand dollars. And thus it appears that it was not the convenience of the court and those having- business therein, but a real estate boom which was responsible for the original selection of this lo- cation. We are glad to have this beautiful building added to the group of county structures in our midst. It is not only architec- turally beautiful, but emphatically utilitarian. Its spacious and attractive rooms furnish a delightful place for work for those who are more or less accustomed to frequent the courts, and I am glad officially, and personally, as well, to express the gratification oc- casioned by this attractive structure. Remarks of Hon. Selwyn Z. Bowman Your Honors: — It is fitting that we should turn aside from our business cares for a time and jubilate a little, as citizens of old Middlesex County, on the completion of this magnificent building, which is an honor to the county and to all those concerned in its erec- tion. It is a striking illustration of the growth and prosperity of our county, and shows that old Middlesex is still young Middle- sex ; that it has the growth, and vigor, and energy, and activity of youth ; and that, while it has a pride in its glorious history of the past, it is fully alive to the activities and demands of the present and the future. We are proud of its records of patriotic and historic deeds, and of the great and good men who, on the bench and at the bar, in business and educational pursuits, and in the various walks of life, have adorned its annals ; but the men of Middlesex do not live in the past, however glorious, but are fully alive to the needs of the present and the demands of the future. We have reached no period of decadence, but from census to census we find that our county is increasing both in popula- tion and in prosperity — and these two are by no means always synonymous — and that it still continues, and will long continue, in a healthy and vigorous growth. Villages take in their outlying cow pastures and cover them with streets and houses, and grow into each other and become thickly-settled towns, and these rapidly expand into cities, which speedily become experts in the manufacture of politics and other municipal products. As modest but truthful men, we are compelled to admit that Middlesex may be considered as the leading county in the State, and we are not obliged to rely upon Suffolk or any other county to relieve us in the adminis- tration of the affairs of any part of it. This magnificent building proves that we are able to erect a structure which is the finest in the State for the purposes for which it is designed. It may be of use also as a heavy anchor 14 thrown out to windward, to prevent any portion of this end of the county drifting towards Suffolk. Of course we are obliged to acknowledge that in regard to the vulgar and sordid considerations of wealth, and commerce, and trade we must yield precedence to Suffolk County, but every truthful and patriotic citizen of Middlesex will admit that in all other respects we are far ahead of it. We say this in no boastful spirit, but simply because on such occasions the truth should be spoken, and the dignity of our county asserted. I regret to be obliged to mar the harmony of this occasion, and as a patriotic citizen of this county to call attention to the lack of etiquette which the previous speakers have shown, and to their defiance of an old and established custom. On all occasions of public interest in this county strict etiquette requires that the speakers should refer to the battles of Concord, and Lexing- ton, and Bunker Hill. I should deem myself derelict in my duty if I did not supply this omission by myself referring to these historical events. I presume the most of you have heard of them, but it will do no harm to refresh your recollection in regard thereto. In any event, the proprieties of the occasion should be observed in this respect. Our county is rich in historical associations, but it prides itself on its battlefields ; in fact, revolutionary battlefields are its specialty, and it has a monopoly of them in the State. We have a corner on battlefields. Suffolk County has a few historical relics, and of these it inordinately boasts, such as Faneuil Hall, the Old State House, the Old South Church, and two or three graveyards ; but Boston, with all its wealth, and power, and magnificence, its ancient houses, and more ancient graveyards, never had a revolutionary battlefield. When the battles were on, they were in another county, and the inhabitants of Boston could safely view the top of the smoke of some of the battles from the roofs of their houses or their church steeples. They even, in time of need, could hang out a lantern from a church tower as an indication that in their opinion it was about time for the Middlesex men to go to fighting. The heroism of the hanging of the lantern on the Old North Church has been the theme of poet and historian, but history does not record that the Suffolk County men rushed frantically 15 to their boats and sculled across the river and plunged madly into the Middlesex frays. Not even a Myopia Club man of those days, who might be deemed specially fitted for such ser- vice, took on his blooded steed the midnight gallop at the wild and headlong speed, according to Longfellow, of about five miles an hour, from Charlestown to Concord, but it was left for a Middlesex artisan, probably mounted on an old team horse, to accomplish that memorable ride. On his route there was the old Munroe tavern in Lexing- ton, and the old stage taverns in Arlington and Medford, and probably other hostelries which offered suitable entertainment for wavfarers, and it is possible that these may have been the cause of his not exceeding that headlong speed of five miles an hour. Although the hero of that ride did business in Boston, yet it is quite evident from those qualities of mind and courage which he displayed, and from the numerous relics which he left in Charlestown, and which still exist, that he was at heart a Middlesex man and a lover of the city in which the great battle took place. And so, Suffolk County had not a revolutionary battlefield. It sorely missed that article from its collection of historical bric-a-brac. It was very galling to its pride to be obliged to lead dis- tinguished strangers, as, for example, the Prince of Wales and the Queen of the Sandwich Islands, to the point on State street where a street fight occurred, and proudly point to it as the Suffolk County battlefield, and then sadly to take them to look at a couple of graveyards. So much pride, however, did they take in this street skirmish that they erected a costly monument to commemorate the great event. But, after all, they sadty realized that it was not a genuine and historic battlefield. Accordingly, it determined to have a battlefield of its own, and so it grabbed one out of Middlesex County. It is not generally understood, except by you who are students of history, that this was the true reason of the annexa- tion of Charlestown. But Bunker Hill still remains a Middlesex battleground, and Suffolk County can only boast of it and weep over it, as the purchaser of the old ancestral estate in England, including the tombs and bones of the ancestors there interred, wept over them, which he said he had the best right to do, 16 because he had bought them and they were his bones and tombs of ancestors. This statement, on this public occasion, is in- tended as a caveat, to warn Suffolk County that it cannot gain any title by prescription to any of our historical associations, and that they remain exclusively the property of Middlesex, and that there must be no more trespassing on our territory and history. The actual land of Bunker Hill belongs to Suffolk, but the easement therein of the honor and associations connected therewith is retained by Middlesex. We congratulate the Court upon this magnificent structure and the spacious and elegant apartments therein, in which their duties will be hereafter performed. We have always been proud of our Probate Court. Its judges have always been men of ability, integrity, and of the highest rank in their profession ; they have always been regarded as leaders in the Probate Judi- ciary of the State. My memory goes back to a little cramped court room in the old building opposite to this, in which Judge Richardson used to hold court for many years after I came to the Bar, and before he left the bench to, as Secretary of the Treasury, enter upon a wider field of usefulness, and afterwards to acquire a national reputation, during his many years of ser- vice on the bench of the Court of Claims, as one of the ablesl judges, the clearest thinkers, and the most scholarly, men, of the many strong men, who have presided over that tribunal. While on this bench he was regarded as the best authority on Probate law in the State. Careful, patient, courteous, acute, approachable, conscientious, he was an ideal judge of this court of the people ; this court, with which the people of all classes come into the closest contact. He was the brother of our loved and respected brother lawyer, and leader, and Nestor of the Middlesex Bar, Hon. George F. Richardson. I do not know that he likes to be called a Nestor ; some people are sensitive about that subject. There is a time when we do not like to be called Nestors, and to have young men, and even young ladies, offer us their seats in the street cars. But there comes a time, at which Brother Richardson and I have about arrived, when we are proud of being called Nestors. There are only two sure roads to fame that I know of, and to having your picture go down in the newspapers to posterity ; one is to be a Nestor, and 17 the other is to take patent medicines ; either mode is fatal, but I think that, of the two, I prefer the former. And then our minds go back to the successor of Judge Richardson on the bench, the dear, and delightful, and genial, and lovable Judge Brooks. Who of us, who ever practiced under him, can forget his pleasant smile, his genial manners, his unvarying courtesy, his unwearying patience ; that patience with which he would listen to the disconnected tale of perhaps some ignorant old woman, too poor to employ a lawyer, and would give to her advice and, what was better, sympathy in her troubles ; his industry, that desire to do everything which he thought was required, and that constant attendance to business, which undoubtedly cut short his days. He grew, not only into the respect, but the hearts of all those who knew him ; and if ever it could be said of any man, it could be said of him, that "the memory of the just is blessed." I never heard of but one blot upon his character, and perhaps, on such an occasion as this, I should not refer to this frailty ; that blot was that he went to Congress, where, it is true, he performed his duties with honor to himself and to the benefit of the country ; but he soon reformed from political life, and atoned for his brief lapse into the same by being for the rest of his life an honored and respected member of the Judiciary of the State. And, Your Honors, we are proud to know that you are the worthy successors of the good and able men to whom I have re- ferred, and of the other good and able men who have graced the bench of the Probate Court of Middlesex County. The old traditions of this bench, the courtesy, the patience, the ability, the care, the learning which have distinguished it have been maintained, and will be maintained by you, and, under your ad- ministration, the honor and esteem in which this court has al- ways been held by the people will continue. As has been said, your court is the court of the people. All classes come into intimate connection with it. Through it flows in every generation nearly all the property in the county. All men come into it sooner or later by their agents, at least, if, in- deed, any man can be said to have a post-mortem agent or at- torney ; but, alas, there is one class debarred from the privileges of this court, and they cannot appear here after death, and that is the class of us lawyers, whom you so courteously and pa- tiently serve during life, but whom you cannot serve after our death, because we never have anything to leave. The defunct lawyer has no need of a post-mortem attorney to represent him here. The only case which is furnished him is a non-paying case, such as the undertaker referred to in the couplet, only the last line of which remains in my mind. The undertaker, ad- dressing the lawyer in the case in which he had placed him, says, "Now lie still and try my case." But almost every one else comes by his representatives into your court. Into all other courts men go by their own volition, except unfortunate defendants who are summoned in by others ; but all go in by the action of individuals. But you need no summonses, or subpoenas, or writs. Death is the officer in con- sequence of whose summons all persons appear here. The high and low, the rich and poor, the cultured and the ignorant, the powerful and the weak, the rulers and the ruled, all have to lay aside their business and their pleasure when the dread summons comes, and immediately obey the awful mandate. We can all, as Middlesex men, be proud and gratified at the erection of this noble building, which can but impress all with respect for the importance of the law. When our clients come here and gaze upon the noble facade of this structure, the great pillars which enclose its ample portico, these spacious and orna- mented court rooms, these commodious halls of records and of the clerks, this beautiful and imposing rotunda, they cannot but be so impressed by the dignity and importance of the law as to enable us to add at least fifty per cent, to our charges for Pro- bate business. I should not dare to suggest it to the judges, but I have no doubt that they will be so impressed by the added dig- nity and beauty of these surroundings, and the necessity of all things, even charges, being in harmony therewith, that they will hereafter refuse to approve our executor's, administrator's, and trustee's accounts, unless we shall have added a hundred per cent, to the charges heretofore prescribed. And now, Your Honors, we congratulate you upon the completion of this beautiful building, and hope that, with its abundance of light and air, its spacious halls, its many conven- 19 iences, it will be a comfort and an assistance to you in the dis- charge of your arduous duties. The relations of the Bench and the Bar in this court have always been of the most pleasant and cordial character, and we know that they will always so continue. You will always have the best wishes of the Bar, and their earnest co-operation in all matters tending to the improvement of the law and of the ad- ministration of justice and of the public welfare. Remarks of Hon. Thco. C. Hurd, Clerk of Courts I had no reason to anticipate being called on for any re- marks this morning, and I am still in doubt why I should speak. The only excuse I can give is, perchance, that I am fast taking my place among the Seniors of the Bar. The other members present who can have knowledge of old days in the Probate Court are the Registrar, Mr. Folsom, Mr. Richardson, of Lowell, and John S. Keyes, of Concord, who has just entered this room with a step as elastic as when, a half a century ago, he adorned the office of Sheriff of Middlesex. I accept, then, the privilege of age to be reminiscent, and ask you, for a moment, to forget this scene, which is so signifi- cant of the great increase of our county and the business of its courts and registry, and come back with me to the days when Samuel Phillips Prescott Fay was Judge and Isaac Fiske was Register of Probate. Their office and court room would be lost in some of the ante-rooms of this building. They made the cir- cuit in a chaise, and brought the court to the very homes of widows and orphans by holding sessions of court in all the prin- cipal towns. For more than a third of a century they administered the Probate Laws, and their venerable forms seemed fitting repre- sentatives of a court whose functions were as distinctly paternal. Judge Fay was succeeded in 1856 by Judge William A. Richardson. Pie was amply qualified by temperament and edu- cation for the duties of his office. He was learned in the law, resolute in its enforcement, quick of perception, and fertile in suggestion to the suitors in his court, and to his endeavors are largely due the legislation which enlarged the court's jurisdic- tion and procured a uniformity of practice throughout the Com- monwealth. When he resigned to assume high official duties in national affairs, he was succeeded by George Merrick Brooks, of Concord, whose name and memory can hardly yet be men- tioned without emotion by those of us who knew the sweet- souled, pure-minded, kindly-hearted man. The pattern gentleman of Old Middlesex was the pattern Judge. His administration of the office was so modest and quiet that we were led to forget its strength and vigor. A fitting ornament for this building in our day and genera- tion should be some memorial of him in the adjoining rotunda. Any reference to the present Court would be outside the bounds of propriety. The largely-increased duties which recent legislation has imposed, both in law and equity, and the marvel- ous increase of business, which keeps step with the increase of our imperial county, demands much at your hands. This building is a fitting illustration of the magnitude of the task. I can only say that the Bar expects, with confidence, a con- tinuation of the high reputation of our court which has been es- tablished by the Judges of the century which this year goes into history. Remarks of Hon. Geo. F. Lawton, Judge of Probate Gentlemen of the Bar: — This is an occasion when the County of Middlesex seems more to be emphasized than any larger unit of our people. The County Commissioners are here in their official ca- pacity to dedicate — to give this building to the use for which it was intended. The gentlemen of the Bar of Middlesex are in- vited here to participate. The president of the only organized association of lawyers for the entire county is here to initiate and direct the exercises which have been deemed fitting and ap- propriate. When you dedicate this building, or any public building, for any public use, you think of the people who make it and who use it. The people of Middlesex are just like the people of the rest of Massachusetts. There are no boundary lines of charac- ter between Middlesex. Suffolk, and Essex, Norfolk, Bristol, Barnstable, Worcester, and Berkshire. How good, not how melodious, the harsh old names sound to the Massachusetts ear! Their sibilants and gutturals hiss, and growl, and roar like the northeast wind that lashes Massachusetts Bay and storms along our shore. It is usual to observe the passion Middlesex men, the men of Massachusetts, New England men, have for schools and edu- cation. It is not so usual to observe the passion they have for courts and the law. It was just so a hundred years ago. George the Third and his Ministers and the Parliament did not observe it when Massachusetts was in rebellion against the laws of England. Even George Washington did not observe it when he took command here in Cambridge of his army of rebels. Their early lack of discipline seemed to him like an absence of reverence for authority. He did not understand the Puritan spirit. He said the Massachusetts men would make very good soldiers if they only had "gentlemen" for officers to command them. His biographer tried to explain that all Wash- ington meant was that they ought to have officers competent by 23 reason of education and training to control them. The Father of his Country meant nothing of the kind. He came to Cam- bridge from Virginia. He had in mind a system of classes com- bining the gentry and the common people. There were "cava- liers" in Virginia. If there were any in Massachusetts, they were Tories, and for the King. The men Washington found in Massachusetts were somewhat like those Puritans in England who made a court to try a king a hundred years before. With- out doubt, descendants of the regicides of the High Court of Justice were in that same army at Cambridge. King Charles did not recognize any regard for law in those men. He did not understand such men any better than Washington did. Macaulay says of him: "He for a time expected a death like that of his unhappy predecessors, Edward the Second and Richard the Second. But he was in no danger of such treason. Those who had him in their grip were not midnight stabbers. What they did they did that it might be a spectacle to heaven and earth, and that it might be held in everlasting remembrance/' " He died not, sirs, as hated kings have died, In darkness and in shade. No eye to trace The one step from their prison to their pall. He died i' the eyes of Europe ;»in the face Of the broad heaven; amidst the sons of England Whom he had outraged ; by a solemn sentence Passed by a solemn court." Puritan law was. and is, no Court of Star Chamber Law. It is no mob law. It is no king's law. It is the people's law. They tried the "Man Charles" because he had violated the laws of the people of England. It was true, he was the King, and that aggravated his crime, but did not exempt him from the punishment of law. There never was a devotee of the "divine right" of kings who so reverenced law as did the men of Massachusetts who rebelled against the laws they were not permitted to make. If Massachusetts had the most rebels of all the thirteen colonies, there was not one of those colonies in which there was more law and less disorder and violence. As were the fathers, so are the sons. And to-day you can hardly find in the world anywhere people who so respect the law, and so little need, or so seldom incur, the punishments of the 24 law as the lineal descendants of those same Massachusetts rebels. Wherever their influence is felt, wherever they can leaven the lump of the body politic, you will find no lynching there. No bloody family and tribal feuds are found there ; there is no lawlessness there. In some mining camp distant from Puritan New England you may find them on some "vigilance committee," doing just as they did in the days of Charles Stuart. You will find them making law and putting an end to violence, robbery, murder, and anarchy. Some people are afraid that anarchy will come upon the American Republic. Doubtless there is great peril, but it is a peril which the ever-spreading spirit cf New England- ism will meet, and overcome, and destroy. The New England faculty for government by the people, the New England pas- sion for law will sometime fill this country, and finally fill the world. A stranger to -Middlesex County would look at this massive structure with surprise that it all should be devoted to the Courts of Probate and Insolvency and to the Registry of Deeds for a single county. There is no parallel to it in all New England. Much of the work to be done in it relates to the busy transfer of property and of lands. Much of it relates to the peaceful and lawful disposition and settlement of property and estates. Much of it relates to conflicts within families and between kin- dred. Much of it involves contests between strangers in blood. All of this business, to be lawfully disposed of by the Probate Court and the Registry of Deeds, has increased with the mighty expansion of Middlesex in people and in wealth. No other county in all New England, except Suffolk, can be compared with it in population. Boston, the great me- tropolis of New England, is thronged with the people of Middle- sex, who keep its shops and do its business. No inconsiderable fraction of the values assessed in Suffolk are owned by those who live and die in Middlesex. A very large part of the prop- erty of the people once every generation passes through the Probate Courts for consideration and treatment. It is the com- bination of population and of property in the County of Middle- sex which demands this great edifice and accounts for its con- struction. 25 This is a time when the older members of the Bar will recall the instruments of the people who have officiated in this court in the days that have gone. The roll of those upright Judges need not be called. Their names are cherished in the hearts and homes of Middlesex, if they are written in no other "Hall of Fame." The records of their courts are without spot. The personal fame of each of them is without blemish or stain. We can imagine them here to-day — Fay, and Richardson, and Brooks — silent and invisible spectators, the "spirits of just men made perfect." While those who have succeeded them may not attain to the perfect equipment of some of them, we may well emulate the fidelitv and devotion of most of them. With the growth of the court and its jurisdiction and the growth of legislation concerning estates has come the necessity for the intervention of counsel of the most thorough training in the intricate work of conjoined equity and law. The gentlemen who most appear at the bar of this court constitute a body of lawyers of special and efficient learning, of which we are properly proud. Upon them, as much as upon the Judges, depends the just disposition of all the business of the court. On them we reiy, and upon them the people of Middlesex may with con- fidence rely, that the old standards and traditions will in this new building be maintained, and justice be dispensed within its walls. Remarks of Hon. Chas. j. Mclntire First Judge of Probate Gentlemen of the Ear, the Board of County Commissioners, and Citizens of Middlesex: — As citizens we are moved with pride for our county, and as lawyers we are inspired with a new love and devotion to our pro- fession, while gathered to-dav in this noble and impressive struc- ture, taking part in the exercises which dedicate it as a temple of justice and depository of public records. But in order to more fully appreciate the conveniences which it offers, and to stimulate us further toward our ideals, let us turn for a moment to consider the various places in this city wherein the courts have heretofore been held ; their capacity and conveniences. Cambridge has been a place of judicial abode from almost the beginning of our history. Fixed upon in 1630 to be the future colonial seat of government, in 1634 the annual elections of governor and magistrates began to be held upon the open common, and the sessions of the General Court were transferred ftom Boston. The General Court being then the judicial tribunal, as well as the legislative body, trials of all causes of im- portance were heard by it from its organization until 1635, when four separate courts were ordered to be held every quarter at Ipswich, Salem, Cambridge (then "Newe Towne"), and Boston; and these courts were to be presided over by the magistrates who dwelt in or near those towns, and by such other persons of worth as from time to time should be appointed. In 1639 several new courts were created, and there was a new organization of judi- cial powers ; and when the colony was divided into counties in 1643, the courts and records were retained at Cambridge, which was then constituted the shire town of Middlesex. Later, in 1652, certain sessions were ordered at Charlestown, and subse- quently at Concord and Lowell. The records of trials and of wills, administrations, and deeds have been continually kept here, except during one short, but memorable, period, when the register appointed by Andros 27 removed them to Charlestown, where he and his successor un- lawfully, but persistently, held them until finally forced by the General Court to bring: them back to the shire town of the county. It was Andros' registers, you will remember, who were publicly accused of "extorting what they please to demand, con- trary to all reason and justice," and of charging- unconscionable fees to the "poor widows and fatherless." Previous to the occupation of the court house standing upon the square opposite, there had been as many as four buildings in Cambridge used for the courts during different periods. All of these were located in or near what is now Harvard square, and were occupied jointly by the county and the town. One was destroyed by fire in 1671, mention of which will be found in the docket of the countv court held on "the fourth day of the eighth month" of that year, and of the consequent loss of a portion of the records and papers. The structure which took the place of the one so burned was occupied until 1708, but neither history nor tradition gives to us a description of either of those earlier buildings, nor of their exact locations. The third court house of which we have any information was erected in 1707, upon a spot nearly in the middle of Harvard square, and it was used for about fifty years. The fourth was where the Lyceum building now stands, on the westerly side of the square, and it was in use from 1757 to 1816, when the county parted company with the town and removed to East Cambridge, then known as "Lech- mere Point." All of these early structures were of wood, and the records of the Court of General Sessions of April 23, 1707, give this de- scription of one of them, and its cost to the county: "Agreed by the justices, etc., * * * that there be allowed out of the county treasury, towards ye erecting a suitable court house for ye use of ye county, with ye town of Cambridge, thirty pounds, the one- halfe to be paid at ye raising and covering, and the other halfe at ye finishing of ye same, the said house not to be less than four and twenty foot wide, and eight and twenty foot long, and height proportionable." The records of the proprietors of the com- mon lands of Cambridge show that they donated the land for this building, and also that, in consideration of £20, paid by two citizens of the town, they were given permission to build at their 28 own expense a lower story for their private use while the build- ing stood, provided that they constructed an entry and stairway six feet wide leading up to the court room above. The immedi- ate predecessor of the court house at East Cambridge was about thirty feet wide by forty long, and two stories in height, with a cupola surmounted by a gilded ball. It was built, as I have stated, in 1757, and now, after nearly one hundred and fifty years, this structure is yet in existence, forming the humble rear addi- tion, on Palmer street, of the building standing upon the north- westerly corner of Brattle and Palmer streets, where the curious may still easily mark its original outlines and height. It will be remembered that, as late as 1799, the five judges of the Superior Court of judicature were expected to preside in each county for the trial of all causes, and that not less than three judges constituted a quorum; and it is matter for reflection that, until the occupation of the court house opposite, in 1816, jury trials and sittings of the full bench of the Supreme Judicial Court were necessarily held in modest and contracted quarters like those I have named. Possibly limited conveniences may have had something to do with causing the several offices of town clerk, town treasurer, register of probate and deeds, and judge of the court of common pleas to be bestowed upon but a single one of the distinguished citizens of Cambridge, Andrew Board- man. In the year 1752 Governor Phips might have invited to his table the judge of probate, the register of probate and deeds for Middlesex, two judges of the court of common pleas, a mem- ber of his council, two justices of the peace and one of the quorum, the town clerk and the town treasurer of Cambridge, and yet have been obliged to set only two extra plates for his good friends, Samuel Danforth and Andrew Boardman. In structures like those described, celebrated trials were had in the early days, and in them men like Christopher Gore, Edmund Trowbridge, Samuel Dexter, John Read, Richard and Francis Dana, and Jonathan Sewall made their reputations as lawyers. That little building, now on Palmer street, became noted from the fact that the same Samuel Danforth, then seventy- eight years of age, and who, during more than forty years, had been chosen by the people to many important offices, including that of councillor, having yielded to temptation and accepted 29 from the King a place upon the "mandamus" board, on Septem- ber 2, 1774, in the presence of several thousand exasperated peo- ple, publicly announced from the steps of the court house, that he resigned the position and regretted that he had ever accepted it. By his side stood his fellow-councillor, Judge Lee, and he made similar announcement ; likewise standing there was David Phipps, the fugacious high sheriff, who had recently delivered up to the British soldiers the powder stored at Charlestown, and who, in his fear, now promised to execute no precept under the recent acts of Parliament. But he soon hastened to England, never to return. The year 1813 marks a fortunate era in our county history, for it was then that the owners of Lechmere Point, having com- pleted the bridge to Boston, and being desirous of attracting set- tlers to this part of the town, made the generous offer that if the county would remove, they would present to it one entire square of land and the westerlv half of another, and would expend the sum of $24,000 upon it, toward the erection of a handsome court house and a jail. It is not remarkable that the townspeople, most of whom then resided near Harvard square, were greatly opposed to the scheme; but so munificent a proposal could hardly have been expected to be refused, and in December of that year the Court of Sessions formally accepted it. At the March term of 1816 a committee reported to the court that the buildings were satisfactorily completed, a removal was ordered, and likewise the payment from the county treasury of the sum of $4,190.78, which had been expended in excess of the money given. This was the beginning of the courts at East Cam- bridge. From this period the population increased rapidly, so that, in 1848, the business of the county demanded the construc- tion of the wings to the new court building. In 1877, the work of the courts requiring the whole of the building, a new structure for the Registry of Deeds was erected within the enclosure, which, twelve years later, was moved back, and an extensive front added for the accommodation of the Pro- bate and the Insolvent Courts. And in 1896 the Legislature ordered the construction of the building in which we are assem- bled, henceforward to be the home of the Courts of Probate and Insolvency, the Registry of Probate, Insolvency, and of Deeds. 30 This commodious and imposing edifice, now completed, oc- cupying- an entire square with its ample proportions, well illus- trates the growth and importance of our County of Middlesex. Since Cambridge was selected by the fathers to be the "Newe Towne/' — since the little wooden court house of 24x28 feet was deemed sufficient for the courts and for the business of both the county and the municipality, — we have become a shire of eleven cities and forty-three towns, with a population of about 600,000. Nor should we ever forget that this group of buildings stands upon historic ground. It is here that the British force made landing from Boston on the night preceding their disaster at Concord and Lexington ; and just beyond, at the summit of the hill, was Fort Putnam, whose ramparts were thrown up by Gen- erals Heath and Putnam, under the immediate supervision and command of Washington, and whose guns played no unimpor- tant part in driving General Howe from Boston. In the court rooms of the building opposite there have pre- sided eight of the eminent men who have been chief justices of our Supreme Court, including Parker, whose wisdom and inge- nuity could always find principles of equity in the common law wherewith to release justice when entangled in a net of forms. And Shaw, that embodied spirit of the common law, who, as a constitutional lawyer likewise, was excelled by none but Marshall. The voices of William Prescott and Daniel Webster, Jeremiah Mason and Rufus Choate, the elder Hoar, and the learned judge, his son, have echoed within those walls ; and memories of the struggles of Buttrick and W'entworth, Sweetser and Abbott, Butler and Train, and those many other leaders of the Bar whose names and fame are familiar to us all, will linger about them so long as they will stand! There, too, is the scene of the careful and diligent labors of the successive Judges of Pro- bate, James Prescott, Samuel P. P. Fay, William A. Richardson, and George M. Brooks, all distinguished lawyers and eminent citizens, who, as well as their honored predecessors, brought credit to our county and added to the fair fame of our Common- wealth. All of these have departed — many of them long since — but their virtues and actions remain as a worthy example for us to follow. In the words of one: "The character and virtues, the 31 just sentiments and useful actions of distinguished men, pre- served in the annals and cherished in the recollections of a grate- ful people, constitute their richest treasures. They speak to their successors in the language of encouragement, of hope, of confidence. They excite the ardent aspirations of the young, whilst they sustain and invigorate the efforts of those who are devoting the full strength of their mature years to the service of their country." May our lives and our sentiments, then, be so directed as to excite similar feelings of pride and encouragement, so that when our service is ended, our successors may be able to say that their efforts were sustained, their aspirations excited, their duties lightened by a contemplation of our characters, our virtues, and our useful actions. j\ a.o i^U/ LIBRARY OF CONGRESS LIBRARY OF COI 014 065 4