iWilflWOERMllKit. f\A.ff€LAW^ •BOO KS fVBUCATIONS WA5HINCT0N,oc' 'bV^' y. >''^i>:^ ^^^ Z<^<^;?^it^^^^i-Z^^, MEMOIRS OF JUDGE SAMUEL PRExNTISS, OF MONTPELIEIl, VT., AND UIS WIFE, LUCRETIA (HOUGHTON) PRENTISS.* Hon. Samuel'' Prentiss, judge, son of Dr. Samuel and Liicretia (Holmes), b March 31, 1782, in the okl house in Slonington, Ct.f Brouglit to Northfield, Mass., bj' his futher in 1786, he spent the earl\- years of his life there, and pursued a course of classical studies under the care of the Rev. Samuel C. Allen. There, at the age of 19, he began to read law with Solomon Vose, Esq.. but after- wards went into the office of John W. Blake, Esq., at Braltleboro', Vt., where he continued his lenal studies, and in 1802 was ad- mitted to the bar. He went to Montpelier, Vt., in May, 1803, and commenced the practice of the law, and there he made his home for the rest of his life. He m. Lucretia, eldest daughter of Pklward Houuhton, Esq., at Northfield, Mass., Oct. 3, 1804. In 1822 he was appointed one of the judges of the Supreme Court of Vermont, but declined to accept tlie office. He was elected a representative of Mont- pelier in the State Legislature for the years 1824 and 1825. While a member of the Legislature, he originated and sustained the very important act for the reorganization of the judiciary system of the State. In 1825 he was appointed first associate judge of the Supreme Court, and continued in that office till 1829, when he was appointed chief-justice of the State. In 1830, while chief-justice, he was elected to the Senate of the United States for six years, and in 183fi w:is again elected for a like term of six years. In 1832 he received the degree of LL. D. from Dartmouth College. On the eighth da}' of April, 1842, he was nominated judge of the United States Court for the District of Vermont. The Senate, without the usual reference, forthwith, and bj- a unanimous vote, confirmed the nomination. This office he held till his death, on Jan. 15, 1857. Judge Thompson, in his " History of Montpelier," in speaking of Judge Prentiss's early legal studies, sa3's, "But few, perhaps, are aware liow close and extensive had been his study of all the great masters of English literature, how careful the cultivation of his taste, and how much his proficiency in the formation of that style, which subsequently so peculiarly stamped all his mental efforts, whether of * From the second edition of the Prentice-ss Family Genealogy, p. 385 (except the t note on pp. 8 to 14 omitted there for want of room). t See the view of it in first edition. 2 writing or speaking, with unvarying strength and neatness of expres- sion. "We recollect once having met wilh a sei ies of litei'ary miscel- lany, written l>y him, piohahly when he was a law studetit, published first in a newspaper in numbers, and afterwards republished in pam- phlet form, which were all alike marked hy neatness of style and beauty of sentiment, and which, though only intended, doubtless, for mere off-hand sketches, would have favorably' compared with our best magazine literature." " In person Judge Prentiss was nearly' six feet hijih, well formed, with an unusually exi)anfeive forehead, shapel}' featuies, and a clear and pleasant countenance, all made the more imposing and agreeable b}' the affable and court!}' bearing of the old-school jienlleman. In his domestic S3'stem he was a strict economist, but ever gave liberally for religious and benevolent objects." At a meeting of the Vermont Historical Society, held in October, 1880, Hon. E. J. Phelps was invited to deliver an "address on the life and public services of the Hon. Samuel Prentiss." Mr. Phelps had known Judge Prentiss for many years. His father. Judge Phelps, and Judge Prentiss had been intimate friends. Both had been judges of the Supreme Court, anfl together the}- had represented Vermont in the Senate of the United States. We copy portions of Mr. Phelps's adtlress as delivered before the Vermont Historical Sociel}', Oct. 26, 1882, and printed by oriler of the Legislature of the State at their session for 1882 : — " The events of Judge Prentiss's life can be rapidly told. They are few and simple. He was born in Connecticut, in 1782, of a good old stock, who traced back their lineage to an excellent family in England. His great-grandfather fought lor the king in the old French war, and his grandfather fought against the king, a colonel in the Pevolutionary war.* He came to Vermont, which was the El Dorado of the best young blood of Connecticut in those times, and was admitted to the bar in 1802, before he was 21 jquvs of age. He piactised law in Monipelier until 1825, when he was made a judge of the Supreme Court. In 1829 he became chief-justice. In 1830 he was elected to the United States Senate, and again in 1836. In 1841 he was api)ointed judge of the United States District Court for Vermont, and held that office until he died in 1857, at the age of 75, leaving twelve children and a very moderate estate. That is the whole sttny. i'hiity-two j-ears' continuous pultlic seivice; yet the events of his life are substantially comprisid in these few words. But the best lives are not made up of events ; they are made up of qualities and of attainments. And simple as are the incidents * His father, Dr. Samuel Prentiss, of Northfleld, Mass., was a .surgeon who served wilh distinction in the Revolutionary war. 3 that are now to be gathered of that life, it was bej'ond question one of the best and purest of the mail}- good lives Vermont has been blessed \\\i\\. " I ma}- briefly consider (for I can touch but briefly upon anything to-niglit) his Hie in these four successive epochs, as a lawyer at the Vermont bar, as a judge and chief-justice of the Supreme Court of his State, as a senator of the United States, and as a judge of the federal court of this district. " He practised law, I have said, for twent3--three years. The phrase is one ver}' commonly employed, and has \evy different meanings. The small pettifogger practises law, to the infinite mis- chief of the Cfunmunit}' he lives in. And there is another class, to whom that terra of rei)roach cannot propirlv be applied, but who content themselves with finding in the practice of the law a sort of genteel trnde, out of which some sort of a livelihood is to be extracted witliout much labor ; who never begin to have a conception of the nohilit}' or the scope of a profession, that has been well declared to be ' as honorable as justice, and as ancient as the forms of law ' ; who never study it as a science, or in any large waj', but content them- selvi's with such little miscellaneous acquirements as may answer the purposes of the small controversies of their locality. And therefore it is, that good men outside of the profession are sometimes puzzled to understand how it should be exposed to the sharp and hitter criticism often applied to it, and at the same time should be the subject of the loft}'^ eulog}' heard in the best quarters in regard to it. It is because there are lawyers and lawyers ; law^'ers small and great, useful and mischievous. There are those who belong to the trade, and there are tiiose who belong to the profession. " Judge Prentiss's life as a lawyer was of course before m}' time. My personal acquaintance with him began when he was in the Senate of the United States. AYhat I know of his previous career I have gathered from those who did know him, who are older than I, from the records he has left behin<1 him, and from what I infer, from my subsequent acquaintance, must have been his character and qualities, when he was a younger man. " In the first place, although a countr}' lawyer in the then little vil- lage of Montpelier, and in the Guiall, rural, isolated State of Vermont, he proceeded to acquaint nimself, by the most careful and juilicious and far reaching stud}-, with the whole range of the common law and all its kindred topics. He did not terminate his labors with those subjects that were likely to turn up for discussion in the Washington County Court. He acquainted himself, 1 re{)eat, with the whole range and fabric of the common law, from its earliest foundations and from the dawnings of its first fundamental principles. He learned the law as tlio perfLU'tion of reason and tlie science of justice. And then he l)rought to bear upon the practice of it the elevation of character and purity of motive tliat were born to him, and whicli he displaj-ed in ever}- relation of life. He felt and acted upon tlie con- viction that the law^-er as well as the judge is one of the ministers of justice ; tliat he as well as the ju Ige is a sworn officer of the court ; that the administration of justice is his business, and not its perver- sion ; and that he is charged with his share of its duty, its responsi- bility, and its repute. No mean cause, no disreputable client, no fraud to be vindicated, no wrong to be achieved, no right to be defeated, no assassin to be turned loose upon the community, ever engaged the services of Judge Premiss. Tliough the legal reports of the State were far more meagre at that period than thev are now, the}' are sufficient to indicate to those wlio care to resort to them, the manner of business he was engaged in. And the consequence was, that althouoh at that day Vermont was full of able law3-ers, and although the limited facilities for transportation were such as to confine the bar of the State principally to the business of their own counties. Judge Prentiss, more than any other man in Veimont, was called upon to go lo various parts of the State; I might almost say to all parts of tlie State in which any considerable courts were then held, and always in important cases. Such a lawyer as he was con- tributes to the law and the justice of his country more than most people are aware of. He is helping all the time, not only the partic- ular business in band, — the interests with which he is charged, — but he is helping the court ; he is helping to educate and maintain the court. Wise and able judges feel that sensibly. The argument that may fail of its application to-day is seed sown upon good ground. The effect of it comes afterward, and bears fruit in the general law of the land. "•' Such was the course of Judge Prentiss at the bar. And it is not surprising that in the year 1822 a seat upon the bench of the Supreme Court was offered to him and pressed u[)on his acceptance. Probablj' at that time there were few men in the State of Vermont better qualified to (ill it. He alone of all the bar, with a characteristic modesty that was throughout his life beyond any other exhibition of that quality I ever knew, declined it. He distrusted the ability that nobody else distrusted. But three 3'ears afterwards, when the office was again pressed upon him, with no little reluctance he took his seat upon the bench. It is very noticeable in the reports how con- siderable a time elapsed before he could bring himself to be the organ of the court in pronouncing its opinions. He cast that duty upon his senior brethren. Ilis associates upon the bench were Chief- Justice Skinner, Titus Ilutcliinson, and Bates Turner, and afterwards Cliarles K. AYilliauis and Steplien Royce, names among the most honoralile in our judicial histor3\ But in due time he began to write and deliver opinions, and some of them remain, fortunately for his reputation. Only a part of them, because, as I have said, the reports were more meagre then than now. They speak f(jr themselves. It is true, they deal largely with questions that have been now so long settled that we have little occasion to go back to read upon the subjects. But the lawyer who is desirous of seeing vvh:>t manner of man he was, and what sort of a court he belonged to, and who will t;ike the trouble to peruse these opinions, will discover that they are distinguished, in the first place, by the most complete knowledge of the science of the law. And he will find, in the next place, that their conclusions are arrived at by logical deductions from fundamental principles, in a manner that to every capacity becomes perfectly luminous and decisive. And finally, that in every instance, the case the court is concerned with had been the subject of the most careful, thoughtful consideration, until nothing that bore upon the conclusion was overlooked, foigotten, or misunderstood. " Some people are coming to think in these days that a judge can be manufactured out of almost anj' sort of material. And it Is true enough that almost any man can sit upon the bench, can hear causes, and after some fashion can decide them ; and the world will go along; there will be no earthquake ; there will be no interruption of human aflfairs ; he will fill the office. But by and by it vvill come to be discovered that the law of the land, which apparently has lost nothing of its learning, has wonderfully lost its justice ; that conclusions *hat by learned reasons and abstruse proces-^es have been reach( i are not consonant with justice, and establish rules that cannot be lived under. As the common people say, they may be law, but they are not right. There is philosophical and sufficient reason fur this result: it is inevitable. Justice under the common law cannot be adminis- tered in the long run by an incapable man. And he is an ii;capable man for that purpose who is not a mister of the principles of the law, by a knowledge sj'stematic, comprehensive, and complete. Because those principles are the principles of justice. Thej' are designed for justice. The law has no other reason, no other purpose. The judge who draws his conclusions from this source will keep within the limits of justice. The judge who is groping in the dark, and depending upon lanterns to find his wav, who is swayed and swerved by the winds, the fancies, and the follies of the day, and by tl»e fictitious or undiscrirainating learning that Huds its wa}- into mul- tiplicd lawbooks, will reach conclusions which laymen perhaps cannot answer, but which mankind cannot tolerate. Such courts lose public confidence, and business forsakes tliem. It is an iuvaiiable truth, tliat the more thorough the legal acquirements of the judge, the nearer his decisions approach to ultimate justice. " I believe I am correct in saying that none of the decisions in which Judge Prenti-ss participated have ever since been departed from. I think ouriSuprerae Couit has not found it necessary in the course of subsequent experience (and it is human experience that tries the soundness of legal conclusions) to overrule or materially to modify them. " In 1830, as I have remarked. Judge Prentiss was elected to the United States Senate; we may well imagine, upon no solicitation of his own ; and went to Washington to take his seat. And there, as I have also remarked, I became personally acquainted with him. " And you will pardon me if I digress to say a word about that body, as it existed when I saw it for the first time. To comprehend what Prentiss was, it is necessarj' to comprehend what were his surround- ings, and who were his associates, I venture to sa}' that this world, so far as we have any account of it, has never seen assembled a legis- lative bod}', which, on the whole, and taking all things into account, could conijiare with the United States Senate at that period of our hisior}'. Not the Roman Senate, in its most august days; not the Parliament of Ei gland, when Burke and Pitt and Sheridan made its eloquence immortal ; not that rever 'd body of men who assembled together to create our Constitution. In the first place, it was made up by the selection of undoubtedly the very best men in every State in the Union, who could be furnished out of the political parly which had the ascendancy in the State for the time being. The consequence was, that they were, almost without exception, men of the largest and most distinguished ability; and only the presence of the great leaders I shall refer to presently' prevented almost any member of that bod}' from assuming a position of acknowledged leadership. Though party conflicts at. times ran high, their contentions were based, upon both sides, upon the Constitution, and upon the broadest and most statesmanlike views. Men might well differ, as they differed, about the right and wrong of the questions and issues of the day. Much was to he said upon both sides. But one thing was to be said on all sides ; and that was that no man need be ashamed of being upon either si'ie, because the groundwork of all was broad and statesmanlike and defensible. "There was, besides, a dignity, a courtesy, an elegance of deport- ment pervading the deliberations of that assembly that could not fail to impress everybody who had the advantage of coming into fits presence. No coarse personalities, no vulgarity of language or con- duct, no sm;\ll parliamentary trick or sul)terfuge was ever tolerated. And rarely have been biought together a body of men of such uni- formly striking and distinguished personal i)resence. " Time does not allow me even to name more than two or three of its members. I might cite abnost the whole roll of the Senate in illustration of what I have said. Their names remain upon record as part of our history. It was once said that to have known a certain beautiful woman was a hberal education. I covild say with far less exaggeration, th:it for an American citizen, and especially a )'<tiip. Among tlie beneticent measures of which he was the originator and successful advocate, was the law, still in force, for the suppression of duelling in the District of Colun)bia. His speeches in sup- port of that measure were unusually efiective, and have taken rank among the best specimens of senatorial ratiocination and eloquence. — Judge Th(,mpson's History of Mon/pelier, p. 280. Judge Prentiss's course in the Senate was uniformly self-consistent, wise, and conciliatory. Holding to the views of the more moderate men at the North with regard to our Southern instiluiions, and once under the neces- sity of defend/iig his own State and its re-oUitions from the aspersions of members from the Soutli, he yet accomplished his duty in such a way as to win the esteem and confidence of his opi)onents, sustained the honor of his constituency, and preserved his own simplicity and integrity. Though co;n- pelUd to enter into discussion upon the exciting topics of the day, and to advocate the power and the constitutional right of Congress to abolish the slave trad and slavery in the District of Columbia, and the right of petition, and the corresponding obligations to receive jictitions from the people, and to resist, to the utmost of his strength, the projects for the annexation of Texas, he yet, conducted himself in so courteous, diuniiled, ana lofty a manner as in- variably to conciliate the extremes from both sections of the country, to command the attention and r« spect and admiration of all who listened to his speeclies, to vindicate the propriety and rectitude of his own course, and sust.iin his reputation for wisdom and sagacity. While a member of the Senate he was appointed on several of the standing committees, such as the committee, on the judiciary, the committee on pub- lic lands, and the committee on patents and the Patent Office. As a member of the committee on public lauds, he advocated the bill for tlie distribution of the proceeds arising from the sale of the public domain 9 cially over much that might be dwelt on. The flying hour admonishes me that I must hasten on. One single passage let me quote from memory — and I can repeat substantially his language — in a speech made in the United States Senate in 1842, when in his own quiet and modest way he expressed what was the guiding principle of his pub- among the several States. He considered that the compacts of cession under the confederation gntirauteed to the particular States their proportionate share in the proceeds of the sales of the public lands, and that the substituiion of the present Constitution and government in the place of the confederation did not impair the right of the States to the fund. He regarded the provisions of the Constitution as confirming all the antecedent rights springing out of the compacts of ce^^sion, and argued that the public territory was a binding trust held by the government of the United States for the benefit of the par- ticular States, "according to their respective proportions in the general charge and expenditure." Hence he opposed the project for donating the public land-i to the States in which Ihey were located, and urged the distril)u- tion of their proceeds as the only measure that was just and harmonious with the Constitution. His speeches on this subject were marked by great clear- ness and force of argument, and discovered a power of stating and elucidat- ing difficult propositions that was not surpassed by any one in ihe Senate. As a member of the committee on the judiciary, to whom the subject was referred, he reported a bill directing a new edition of the laws of the United States to be compiled and printed, and accompanied the bill with a written report explaining at length its provisions, objects, and advantages. The bill was passed by the Senate, but no action was had upon it in the House. The utility of such a compilation of the laws has since become so apparent, that the executive, if our recollection does not fiiil us, has recently thought fit to call the attention of Congress to it. In the session of 1834 and 1835, as well as in that of 1833 and 1834, he was one of the select committee, of which Mr. Webster was chairman, to whom was referred the bill for the satisfaction of claims due American citizens for spoliations committed on their commerce prior to Sept 30, 1800. The bill was repotted upon favorably by the committee, and, after long debate, was passed by the Senate. Mr. Prentiss advocated the bill in a speech, present- inir, in a plain and condensed view, the whole merits of the matter, and demon- straiing very fully and clearly the e(iuity and justice of the claims, and the obligation of the government to pay them. He argued, that the claims of the United States for indemnity from France for spoliations on our commerce were just, were so admitted by France, and were surrendered to that gov- ernment as an equivah nt for the correspondent release of the United States from certain important national obligations; and that, therefore, the govern- ment of the United States, having appropriated an indemnity due on account of spoliations committed on private property, as an offset to claims on the part of France, growing out of national obligations imposed upon the United States by treaties, was bound, according to the fundamental law of the land as well as by the principles of national justice, to make compensa- tion to the injured individuals. Such vs'as the substance of his argument, and on such a basis he advocated the measure as necessary to preserve invio- late the national honor and rectitude. 10 lie and pnlitical life. 'I would not be understood,' he saj's, 'as undervaluing popularity bee mse T disc'aini it as a i ule of conduct. I am quite too hunit)le and unpretentances, the government, l)y such legislation, Mr. Prentiss, in January, 1837, in order to correct tlie evil, obtained leave to bring in a bill to establish a Board of Commissioners to hear and examine claims against the United States. This bill he iniroduced to the Senate at every subsequent session, so long as he remained in that body. It was pass' d by the Senate at three fiiflTerent sessions; but at neither was there any flual action had upon it iu the House of Representatives.* Mr. Prentiss is the author of the existing Act of Congress against duelling iu the District of Columbia. He drew up, introduced, and carried the bill through the Senate. The time chosen for its introduction, and the manner iu which it was urged upon the attention of the Senate and of the country, were both equally appropriate and forcible. It was .«ortunate, of party policy or political ex|)ediency. The conclusion of that speech we cannot forbear to give, confident that it neoeds no other apology for its insertion here than its intrinsic truth and beauty, than the high moral lessons it conveys. And we can almost see his tall person animated, and his eye kindling under the vigor and almost prophetic nature of his own sentiments, and hear his voice, ordinarily feeble, become clear and sonorous under the influence of the lofty ideas he is uttering, as he concludes : " Sir, public men and the people every- where must cease to undervalue the worth of moral excellence and virtue, and learn to consider that the want of these cannot be compensated by genius, however brilliant, by learning, however extensive, nor by any advantages, however fascinating and valuable in themselves, which either the bounty of nature, the power of industry, or tlie most accompli-hed education can bestow. In short, if we wish to maintain the free institutions of the country, if we wish to preserve purity in the government, if we wish to continue and perpetuate civil and political liberty, if we wish to uphold the character and honor of the country and give it a name surpassing every other name among the nations of the earth, we must remember and cons'antly act upon the great truth taught by Infallible Wisdom, that it is righteousness which exalteth a nation, ivhile sin is a reproach unto any people. We must remember that it is an axiom founded in the soundest philosophy, and verified by all authentic history, that as vice and immorality in private life invariably destroy individual character and usefulness, whatever intellectual endow- ments may accompany th.m, so, if favored and tolerated in public life, and among public men, they will inevitably infect and corrupt the general mass of the community, induce criminal insubordination to the laws, undermine the conservative and sustaining principles of the social compact, and ulti- mately lead to national dishonor, degradation, and ruin." Mr. Prentiss was one of the two senators belonging to his party who refused to sustain, and used all his influence against the passage of, the cele- brated Bankrupt Act of 1840. In a speech delivered in the Senate, in a gen- eral argument against the merits of the bill, he showed profound acquaintance with the Knglish system of common and statute law, and a comprehensive sagacity with respect to the results of the measure, should it be carried iuto operation. His speech on this occasion was said by Mr. Calhoun to have been the clearest and most unanswerable argument to which the latter had listened for many years on any debatable question. While confident that the provisions of the bill were unjust and likely to work mischief, " kindness to the few and cruelty to ttie many," he yet rested his objections to it princi- 12 "In 1841, vciy near tlie conclusion of his second terra in the Senate, he was appointee!, by univers.il consent, and with unqnalitied appro- bation, judge of the United States Court for the DistrioL of Vermont, to succeed Judge Paiiie, wlio liad deceased, lie went upon tlie bench, and remained there the rest of his hfe. pally upon its moral tendencies and influences. He considered it as aiming a direct blow at the indefeasible rights of property, which lie at the foundation of the social system, and tending to induce fraud and dishonesty in the com- munity. In his view, it seemed to legalize the breaking of contracts, and to destroy individual and public credit. A short experience of the law disclosed liis wis{|,ora and the soundness of his argumentt, and its failure to produce any beneficial results verified his prediction. It grew out of a false and one- sided philanthropy that overlooked moral distinctions :ind personal rights, and consequently had soon to be repealed. Mr. Prentiss, having lionored himself and his State for two successive terms of six years in the United States Senate, was nominated by the Presi- dent to the office of judge of the District Court of the United States for Ver- mont. The nomination was sent to the Senate on the 8th of April, 1842; and on the same day, immediately on its being received, the Senate went into executive session, and, without the usual reference of the subject to a com- mittee, confirmed the nomination by a resolution declarinii that they " unan- imoushj" advised and consented to the appointment. This circumstance attending his appointment was gratifying as it was unusual, and showed the impression that the character and abilities of Mr. Prentiss had made upon his associates. His resignation was communicated to the Senate three days subsequently to the nomination and appointment. The sentiments which were freely expressed on the floor of that body when his letter of resignation was read, are those with which he has equally inspired all who liave known him. It is said that senators of all parties vied with each other in expressing their opinions of his eminent fltness for the office, and their regrets that a man so pure and firm, of so much soundness of mind and views, of so much and such rare delicacy of conscientiousness, a man as necessary to the Senate as he wouli be useful on the bench, was to be removed from among them. The tone of the public journals on his retiring from the Senate was equally complimentary and just, and even party animosity never ventured to impugn the appointment. The discipline to which Judge Prentiss subjected himself from the com- mencement of his practice at the bar, the character of his studies and the manner and object with which he pursued them, would all inJicate that he would be able to discharge the public duties of his office to universal accept- ance. And such has been the case; and such and so high is the reputation he has attained in the office he at present occupies, that he has been fre- quently and publicly mentioned as a competent person for a seat on the bench of the Supreme Court of the United States. In two instances, when there has been a vacancy on that bench, many of his friends have strongly urged him to consent that his name might be presented for the nomination; but iu both instances he resisted the solicitation of his friends, and exerted his influence for another gentleman. He was advanced in years, and already worn with 13 " In those da,yp, Judge Nelson was the judge of the Supreme Court of the United Stiites who was assigned to this circuit. And uidike the judges of our day, who are either too busy or too little inc'iiied lo tiavel about the countiy and hold circuit courts, it used to be Judge Nelson's practice, and his pleasure, to come up into Vermont toil in the public service, and desired to pass the rest of his life in repose and quiet. The honors and emoluments of such an office wore not deemed an equivalent for its wearing and exhausting lanors. The duties of his pivsent office are not so onerous liut that he can discharge them with great fidelity, and the performance of them furnished an agreeable and heulthful excitement to his mind. Judge Prentiss has always tal^en a warm interest in the judicial institutions of his adopted State. While at the bar, he was earne.st and active in favor of every useful improvement in the judiciary system, which, as then exist- ing, was essentially defective. And wlien a member of the Legislature, in 1824, he proposed and urgid, in concurrence with the other members of the judiciary committee, the act which was then passed, providing for an entire reorganization of the courts. In 1825, in the same position, he succeeded in defeating an attempt made to repeal it. The uevv system went into ojiera- tion, and has continued in exi-tence, commanding almost universal approba- tion and support, down to the present day. And he is still watchful of every movement calculated to disturb or impair the judicial institutious and charac- ter of the State. He has opposed, at every step, the encroachments of those popular influences and measures, which, by submit! ing the election of judi- cial oflicers directly to the people, render less certain and uniform the admin- istration of justice, strip the judiciary of its sauclity, and open it to the inroads of political excitement aud party animosity. The tendency of the duties aud studies of a high judicial station is to purify and elevate and strengthen the moral sense, and to inspire respect and reverence for those immu'able moral principles which are essential to the Avelfare of man and the peace of society. That tendency has been fully devel- oped in Judge Prentiss. Purity of life in every relation is of prime impor- tance in the character of a public man. Without it, genius, learning, wit, eloquence, and cultivation are worse than in vain. They add only to the length of the lever by which vice dissolves the fabric of individual character and social welfare. Aud we conceive it to be the highest eulogium we can bestow upon Mr. Prentiss to say that he is a pure man and a pure judge. A republican, he dislikes ultra-democracy, and reveres the Constitution, and loves the union of States whose permanence it guarantees A patriot and a statesman, he has no ambitious hopes for the nation, — no desires for its territorial extension and aggrandizement, — no dreams that it is the heaven- commissioned apostle of liberty aud democracy to the other nations of the earth He knows th^t *' patriotism is a necessary link in the golden chain of human affections and virtues," and turns aw:iy with indiguaut scorn from that false philosophy or mistaken religion which would persuade him that cosmop- olitism is uobler thau nationality, that philanthropy is greater than patriot- ism, aud the human race a sublimer object of love thau his own country and 14 once a 3'ear, at least, and sometimes oftener, and sit in the United States Court with Judge Prentiss. If there ever was a better court than that for ths dail}- administration of human justice, year in and 3^ear out, in great matters and small, I do not know where it sat. The men were entirclv unlike. No two judges so eminent could have been less alike than thev were. Judge Nelson was not a great law- yer ; he was a very gooil one. He h;id a large judicial experience, natural judicial qualities, great practical sagacity, a strong sense of justice, and the mora! courage of a lion. He was prol>ably one of the best presiding m:igistrates that has sat upon the bench of any nisi prius court in our day. Not, I repeat, because he was a great lawyer, but because he was a great magistrate. He had a sway over the proceedings of his court that controlled its results for good ; there was a moral power and dignity about it that was salutary in its influence, not only on the business in hand, but upon everybody that came near it. It was felt by counsel, by juries, by witne-ses, by partii's. I used to think, as justice is depicted as bearing the scales and the sword, that Prentiss carried the scales, and Nelson the sword. Prentiss carried the scales, hung upon a dinmond pivot, fit to weigh the tenth part of a hair; so conscientious he was, so patient, so thoughtful, so considerate, so complfte in his knowledge of every principle and every detail of the law of the land. When he held up the scales, he not only weighed accurately, but everybody felt that he weighed accurately. But his very modesty, his distiust of himself, his fear lest he should go too far or too fast, deprived him to some extent of what might be called the courage of his judicial con- victions. Nelson, when tho}- sat together, always took care to assure himself from Ju-ige Prentiss that he wns right in his conclusions. They never diffred. It would have been very difficult to have his own people. The history of the past, which he reverences, not so much for what it is in itself as for the lessons that it teaches to the present, leads him to expect, that should our country ever become ttie propagandist of liberty among tlie nations, or seek to become the centre of light and freedom to all mankind, it would soon lose its independence and nationality. Judge Prentiss is still living in Montpelier, Vt. His life is quiet, simple, unostentatious. He has the respect and confidence of the community, and is a member, with his wife, of the Congregational Church in that place. To the profession of Christ! uiity he adds a hearty faith in its doctrines, and a cheering hope in its promises. That hope is more satisfying to his mind than any expectation of posthumous fame, — than any ceriaiuty that his name will be held in fragrant remembrance so long as tlie people of the State and land shall be taught to revere '• whatsoever things are true, and just, and honorable, and lovely, and of good report." — i?'/-om Sketches of JSiniueiU Americans, Liv- ingston's Law Itegister, 1852. 15 brought Judge Nelson to a dUlerent conclusion from what he was aware Judge Prentiss had arrived at. But the sword of justice in Nelson's h;ind was ' the sword of Ihe Lord and of Ciidoon.' And when a decision was reached, it was put in force without dela^' or further debate, and without recall. And so it was that the court became like the shadow of a great rock in a wear}' land. It carried with it an inevitable respect and confidence. It was a terror to the evil-doer and tiie prompt protection of the just.* "These desultory observations upon Judge Prentiss's life, in its various relations, mo}' perhaps have indicated suHiciently what I disire to convey, in regard to the qualities of his cliaracter and his intellect; he was a man of rare and fine powers, of complete attain- ments in jurisprudence, a student and a thinker all the days of his life ; conservative in all his opinions, conscientious to the last degree, thoughtful of otQers, a gentleman in grain, because he was born so, a Christian in the largest sense of the term, whose whole life was spent in the careful discharge of his duty, without a thought of him- self, his own aggraiidizement, or his own reputation. I saw him for the last time I ever saw him, on the bench of his court, towards the close of his life, perhaps at the last term he ever held. He was as charming to look at as a beautiful woman, old as he was. His hair was snow-white, his e3'es had a gentleness of expres-ion that no painter can do justice to ; his face carric d on every lini of it the impress of thought, of stud\% of culture, of complete and consum- mate attainment. His cheek had the color of youth. His figure was as erect and almost as slender as that of a joung man. His old- fashioned attire — the snowy ruffle, the white cravat, the black vel- vet waistcoat, and the blue coat with brass buttons — was complete in its neatness and elegance. And the graciousness of his presence, so gentle, so courteous, so dignified, so kindh-, was like a benediction to those who came into it. Happj' is the man to whom old age brings onl}' maturity' and not decay. It brought to him not the pre- monitions of weakness, of disease and dissolution, but only ripeness, — ripeness for a higher and a better world. It shone upon him like the light of the October sun on the sheaves of the ripened harvest. " Of his private and domestic life I forbear to speak. Historical societies have nothing to do with that. Some here are old enough to * An intimate and life-long friend of Judge Prentiss writes of liim under date of Sept. 1, 1883, as follows: "He was the most modest man I ever knew, a man of rarest excellences of character, in whom there was no guile. He was pure and simple as a child, yet, in the pursuit of what he believed to be right, strong as a giant, and in denunciation of wrong and oppression, ' ter- rible as an army with banners.' " 16 remember the admirable woman, his wife. Some may still remember his home, in a day when, as I have said before, the times were different from what they ar.i now. Steam had not put out the fire on the hearth. Ostentation had not paralj'zed hospitality. The houses swarmed with healtliy children. There were fewer books, but more study. There was less noise and more leisure. There was plainer living and better thinking. He had, as some knew, peculiarities — eccentricities thev might be called — in his personal conduct. Tiiey were nothing, probablv, but the outgrowth of a strong individuality, which consider.'ition for others restrained from having any other vent. His ways were exact; they were set; they were peculiar. When he came down from his chamber in the morning, and his family and his guests were in the house, he spoke to no one. It was understood that no one should speak to him. He passed through ihem as if in a vacant room, to his particular chair. He took down the Bible, and read a chapter; and he rose up, and offered a prayer. And then he went to the breakfast-table. After that, there was no courtesy more benignant and kindly than his. And that was an unvarying practice ; and every one who knew the ways of his household respected it. It was the flower of that old time reverence which dis- tinguished his whole life ; when he came forth in the morning, Ite spiike to God first. "It never seemed to me — I was too far away at the time of his fu- neral to be piesent — it never seemed tome that he was dead. It never seemed as if I should find his grave if I explored your ceme- tery. He seemed to illustrate how it w;is that in the old da^'s it came to be believed that some men departed this life without dying. He looked to me like a man who was onl^' waiting to hear the words, 'Friend, come up higher'; like one who in due time would pass on before us, not through the valley of the shadow of death, appointed to all the living, but walking away from us, upward and onward, until, like the prophet of old, he walked with God and dis- appeared from our sight among the stars." At th(> October session of the District Court of the United States for the District of Vermont for 1857, the death of Judge Prentiss was announced by Hon. Henry E. Stonghton, district attorney, where- upon the Hon. Solomon Foot, as chairman of a committee for that purpose appointed, reported the following resolutions, which, after remarks by his Honor Judge Smalley, and by Mr. Foot, were ordered to be placed on the records of the court : — Whekeas, Tlie Hon. Samuel Prentiss, late judge of the District Court of the United States for tlie District of Vermont, having departed this life within tlie present year, and tlie members of tills bar, ami tlie ollicers of this ^'^■■^'k^.:,...: Mrs. Samuel Prentiss. 17 court, entertaining the highest veneration for his memor}^ the most pro- found respect for his j^reat ability, learniiif;, experience, and upriiihtness as a judge, and cheri-^ljing for his many public and private virtues the most lively and aftc-ctionate recollection, therefore, Resolved, That his unifonnly unostentatious and gentlemanly deportment, his assiduous discharge of his official duties, his high sense of justice, his unbemling integrity, and the exMlted dignity and purity of his public and pri- vate character, furnish the highest evidence of his intrinsic worth and of his great personal merit. Resolved, That the district attorney, as chairman of this meeting of the bar, communicate to the family of the deceased a copy of these proceedings, with an assurance of the sincere condolence of the members of the bar, and of the ofticers of this court, on account of their great and irreparable bereavement. Resolved, That, in behalf of the bar and the officers of this court, the honorable the presiding judge thereof be, and he is hereby, i-espectfuUy requested to order the foregoing preamble and resolutions to be entered on the minutes of the court. Mr. Foot closed his remarks, after presenting and reading the resolutions, with the words, " And above all, and more than all. these moral and outward virtues were all tempered and beautified by the crowning graces of a Christian faith, of a Christian hope, and of a consistent Christian life. He knew and felt that ' 'T is not the whole of life to live, Nor all of death to die,' and hence for long years, his life had been but a continuous and living ilUistration of the great accordant precept of all natural and revealed religion, that while the fear of man is the consummation of folly, ' the fear of God is the beginning of all wisdom.' He died, as he had lived, calral}', peacefully, triumphantly. 'Like a shadow thrown, Softly and sweetly, from a passing cloud, Death fell upon him.' " His pathway to the tomb was all radiant with celestial light. For- tunate and happy will it be for us all if we shall improve the instruc- tive lesson which is taught us in the history of such a life, — in the history of such a death." Mrs. Lucretia Houghton Prentiss, eldest daughter of Edward and Sarah Smith Houghton, of Northfield, Mass., was born on the sixth da}' of March, 1786. At an early age she developed the germs of those rare excellences of character, and of those sweet Christian graces, that in so eminent a degree beautified and adorned her whole life, and won for her the esteem and love of all who had the pleasure 2 18 of her acquaintance. Even at this day, one may find still prevailing in Noithdold many traditions of her beauty of person and her man- ifold giaces of characier and conduct. On a recent visit to that charraing country village, the writer was gratefully surprised to notice ■with what warm affection the memory of Mrs. Prentiss w;is univer- sally held by the people, and with what earnestness they vied with each other in expressions of adraiiation of a character at once so beautiful and so lovely. Nearly every one had some pleasant story to tell of her early life. And one enthusiastic friend would not be satis- fied until she bad led us to the house, and into the very room, in which Mrs. Prentiss was married, and pointed out the paiticular spot on which she stood during the performance of the marriage ceremon}'. On the 3d of October, 1804, at her father's house in Northfield, she married Samuel Prentiss, then a young lawyer of Montpelier, Vt., and with him left the home of which she was the idol, and became, for the rest of her life, a resident of Montpelier. Here she lived, hon- ored and beloved l\y all, for more than fift}- years. Here, during all those 3-ears, she discharged with remarkable wisdom, fidelitj', and devotion the varied duties of a wife, mother, friend, and Christian. H6re she was blessed as the mother of twelve children, — eleven sons and one daughter, — two of whom, the daughter and one son, died in infancy ; the others, ten in number, reached manhood, and all, save one, adopted, as their father before them had done, the profession of the law. " In consequence of the close occupation of the time of her husband in his crowding legal engagements when at home, and his frequent and long-continued absences from home in the discharge of his professional or official duties, almost the whole care and manage- ment of his young and numerous famil}' devolved on her. And those who know what unceasing care and vigilance, and what blending of kindness, discretion, and firmness, are required to restiain and cheek, without loss of influence, and train up with the rightful moral guid- ance, a family of boys of active temperaments, of fertile intellects and ambitious dispiisitions, so that the}' all bo brought safely into manhood, will appreciate the delicacy and magnitude of her trust, and be ready to award her the just meed of praise for discharging it, as she confessedly did, with such unusual faithfulness and with such unusual success."* Notwithstanding the ever-pressing and care- increasing deraandsof domestic duties, they were all promptly and well performed ; nothing was forgotten, nothing slighted, omitted, or disre- garded. Nor was she in tlie least unmindful of social duties. She neglected neither the poor, the sick, nor the church of which she ♦ Judge Thompson's " History of Montpelier," pp. 286, 287. 19 was an active and honored member, but was ever faithful in the performance of duty to each and all of thera. Especially to the poor her heart w:is always open and her h:\nd outstretclud in loving ministrations. " No case of distress or misfortune which was known to her," said the Rev. Dr. William H. Lord, in a sermon preached at the funeral of Mrs. Prentiss, " escaped her unos- tentatious charity, and her beneficence would take no refiisnl. By the strangers who partook of the hospitality of her husband's mansion she will long be remembered for gentle courtosy, for the refined sweet- ness and unaffected grace and dignity of her apjjcarance, and for the assiduous and earnest politeness with which she sought to anticipate every want and gratify every taste." Early in her married life Mrs. Prentiss made a public profession of .religion, and, with her husband, united witli the Congregational Church at Montpelier. From that day to the hour of her death the beauty and gentleness of her pure religious life shone with a con- stancy of lustre that dazzled not, yet that attracted all observers and won the homage of all hearts. Its fragrance, like tlie sweet perfume of flowers, gently diffused itself upon all who came within the sphere of its influence. " Superior to the ordinary vanities of life," said Dr. Lord, in the sermon just-quoted, " her chief adorning was notout- ward and worldly', but interior and heavenly, the ornament of a meek and quiet spirit. Occupying a position which she might have niade subservient to personal gratification and display, she i)referred the quiet discharge of her ordinary duties, and exhibited, in all her relations, the most entire unselfishness and generosity, ever ready to deny herself for the convenience and comfort of others. Of remark- able sweetness and gentleness of disposition, she was never thought- less of the feelings of others, nor rash nor unkind in her words or actions. Thoughtful and reflecting, nothing escaped her observation. She never forgot a favor. She never remembered an injury. Tiie one never escaped her acknowledgment and gratitude ; the other never stirred her spirit." So fully did she believe that " a soft answer turneth away wrath," that no instance is supposed to exist in which she gave expression to an uncharitable word or thought. Not many weeks after her death, the wriier wns told by Judge Prenti.'^s tiiat, in all his married life of more than fifty yenrs, he had nevir known or heard of an instance in which she had spoken an unkind word or had lost the perfect control of her temper. She was, indeed, an angel of love and mercy, whose mission was to do good on eai th, and, by a life of humble and blameless faith and piety, lead otiiers to the Lamb of God that taketh away the sins of the world. When her children had attained an age that placed them beyond 20 the necessity of a mother's care, leaving them in the custody of others, she accompanied h(r husband, so long as he remained in Ihe Senate, in his annual journeys to the city of Washington, whore she remained witli liim during the st-ssions of. Congress. Although she found many sources of enjoyment in tlie society and c'imate of Wash- ington, it was, nevertheless, in her own quiet home in the beautiful village of Montpelier, in the midst of her own family-, and surrounded by kind friends, that she found those pure delights and that sweet communion and syinpatli}' that she so much desired. Here she found sources of enjoyment that existed nowhere else. It was here she loved to live, and heie she wished to die. Here, in her own house- hold, she was a light to the feet, and a lamp to the patli, of all. Here she was the idol of all hearts. The early, frank, and cordial recognition by ht r husband of her rare combination of pure and elevated Christian character with menial ability of a high order, undoubtedly contributed in a great degree to establish in his mind that remarkable supremac}' of her influence that was apparent to all their intimate friends, and prepared the way for the exercise by her of that marvellous moral power with which she so modestly, 3'et so effectively, supported and sustained him in all the walks of his public and private life. In this connection, and as tending to show, in some degree, at least, in what estimation this noble and self- sacrificing woman was held i\y her husband and children, I append, with permission, the following extract from a letter w'ritten not many months after the death of Mrs. Prentiss, b}' one of her sons to his father, and by him carefully preserved : — " Your professional career, and 3'our official character and position, have been, and are, such that you and 3'ours may well be proud of them. You have rendered the State and the country distinguished service for a long series of years ; and the ability, uprightness, patriot- ism, and devotion to the Constitution and the Union which have char- acterized the discharge of all 3-our public duties, have challenged the admiration of the considerate men of all parties. With this knowl- edge, and a consciousness that ' all the ends thou 'st aimed at have been thy country's, th}' God's, and truth's,' a review of your labors and services must pi-ove to you, in your declining years, a source of high satisfaction and enjoyment. To the guardian angel who, from youth's bright daj's to venerable years, walked hand in hand with you, sharing all ^'our joys and sorrows, encouraging by her wise and hopeful counsel, her persuasive gentleness, and sweet, approving smile, 3"our onward and upward career, your character, position, reputation and fame — the results of your united labors and efforts — proved a source of just yet modest pride, and furnished an ever-recurring 21 occasion to h^r meek and gentle spirit for thankfulness to Him from whom all blessings flow. In ihem your children, too, who have so often listened with delight as she told, in her own simple and unpre- tending way, tlie story of j'our struggles and your triumphs, find abundant occasion for heartfelt pride and gratitude. Oh, how devoted as a wife, how dear and faithful as a mother ! How wise, how mild, how gentle, how indulgent : yet how complete her supremac}' ! It was so in life ; it was even so in death. Her svveet and gentle nature shrank not nierel}' from turmoil and strife, but even from public observation. But when called to struggle with the King of Terror?, she displa3-ed a Christian faith and heroism which not onl}' sustained and supported her in the otherwise unequal contest, but secured to her a Christian's triumph and a Christian's reward. Nobly, yet meekl}-, she fulfilled her mission on earth ! At peace with all, her pure and gentle spirit took its flight, and on angel wings soared to the bright and glorious mansions of the redeemed." Mrs. Prentiss bore all her labors and honors alike with meekness and humility. She was never elated with prosperity-, nor depressed if adversit}' confronted her. Patieiit and submissive, she never gave way to regrets or complaints at any of the allotments of life, but dis- p!a3'ed, in her whole history, in a very remarkable degree, those pas- sive graces of character which are the fruit both of true heroism and true Christianity. " She was a woman of the old times, and had in rare combination all those generous, exalted qualities of character ihat our imaginations are wont to attribute to the matrons of those by-gone and better days, in which the spirit of truth, sincerity, and simplicity, and the laws of courtesy and kindness, had not given place to tlie artificial tastes, superficial displays, and social rivaliies"of a later pi-riod. To these and other personal characteristics, idready men- tioned, were added remarkable self-possession, decision, and firmness, and a harmonious blending of menial and moral powers, thai gave grace, force, and dignity to a character consjHcuous alike for gentle- ness and for untiring moral energ}-. At all times and under all ciicumstances, whether of joy or sorrow, one unfailing Source of love and consolation was always open to her, and to which she never failed to appl}' with the loving faith and sim- plicity of a Utile child. So she lived, the light and morning star of her household, the joy of her husband and children, until the fifteenth day of June, 1855, when, surrounded by her husband and hei- nine sur- viving sons, at peace with all the world, with " malice towards none, with charity for all," and with a countenance radiant with faith in a Saviour's love, she sweetly fell asleep. A few hours before her death, and with a full consciousness that the end was very near, she 22 said to one of her sons that she had no more fear of death than she would have in anticipation of meeting her dearest earthly friend. Such, in brief, and feebly sketched, was the life, and such the death, of Mrs. Prentiss. Judge Thompson, in his " History of Montpelier," speaking of Mrs. Prentiss, writes as follows : " It would be difficult to say too much in praise of this rare woman. She was one of earth's angels. In iier domestic and social virtues ; in the industry that caused her to work wiUbigly with her hands, in the law of kindness that prompted her benevolence, and the wisdom that so judiciously and impartially dis- pensed it ; together with all the other of those clustered excellences that went to constitute the character of the model woman of the wise man, — in all these Mrs. Prentiss had scarce a peer among us, scarce a superior anywhere. As alread}^ intimated, she had done everything for her family. And she lived to see her husband become known as he 'sat among the elders of the land,' and her nine surviving sons, all of established characters, and presenting an aggregate of capacity and good repute unequalled perhaps by that of any other family in the State, and all, all praising her in their lives. These were her works, but not all her works. The heart works of the good neighbor, of the good and lowly Christian, and the hand works that looked to the benefit and elevation of society- at large, were by her all done, and all the better done for being performed so unobtrusively, so cheer- full}', and so unseifishl}'." In her own sphere, and measured by its possibilities and opportu- nities, she was unquestionably the peer of her husband. In all the elements of true womanhood ; in all the qualities of a noble wife and mother; in all tliat constitutes a perfect Christian chaiacter; iti all the graces that exalt and adorn that character ; in the meekness and gentleness of the "blessed" who "shall inherit the earth," — she was, in the community in which she lived, confessedly not onl}' with- out a superior, but with few, if an^s equals. Wholly unmindful of self, she lived onl}' to do good to others, and thus, with works of love and charity, to do her Master's will. Upon the occasion of her death a pall seemed to have fallen upon that community, and the people as mourners "went about the streets" sorrowing for the loss of a loved one who had gone, as she had lived, so quietl}' and so gently as to leave no ripple upon the surface of the placid wattis. " So fades a summer cloud away, So sinks the gale when storms are o'er; So gently shuts the eye of day, So dies a wave along the shore." L.of C. 23 " Oh, many a spirit walks the world unheeded, That, when its vail of sadness is laid down, Shall soar aloft with pinions unimpeded, Wearing its glory like a starry crown." JUDGE SAMUEL TKENTISS'S HOUSE, MONTPELIER, VT. Mr. and Mrs. Prentiss lie buried side by side on a beautiful mound overlooking the valle}' of the Winooski River, in Green Mount Cem- etery, just on the outskirts of the quiet village of Montpelier, '• loveli- est village of the plain." Over their graves stands a plain but beau- tiful and massive monument of granite, about twenty feet in height, on which are the following inscriptions : — " SAMUEL PRENTISS, BoKN March 31, 1782. Died January 15, 1857. Chief Justice of the Supreme Court of the State of Vermont, Senator of the United States, Judge of the United States Court For the District of Vermont." "LUCRETIA HOUGHTON, WIFE or SAMUEL PRENTISS. Born March 16, 1786. Died June 15, 1855. A NOBLE Wife and Mother." JAN 16 1902 '^L/V/'-r-*^ »>,v^itw*jt^.*.*rt^-M»^i>y %