Production Note Cornell University Library produced this volume to replace the irreparably deteriorated original. It was scanned using Xerox software and equipment at 600 dots per inch resolution and compressed prior to storage using CCITT Group 4 compression. The digital data were used to create Cornell's replacement volume on paper that meets the ANSI Standard Z39.48-1984. The production of this volume was supported in part by the New York State Program for the Conservation and Preservation of Library Research Materials and the Xerox Corporation. Digital file copyright by Cornell University Library 1993.(A NATHAN KELSEY HALL. PAPER READ BEFORE THE SOCIETY MARCH 30, 1874. BY HON. JAMES O. PUTNAM. The early days of March, ’ 74, will long be associated with National bereavement and sorrow. An ex-President, universally honored, and his first friend and chosen associate in the conduct of the Government, both brought into the most responsible of human relations at a period in our history almost revolutionary, both conservative by temperament, by habits of thought, and by that awful sense of responsibility which rejects the impulses of enthusiasm for the guidance of a passionless judgment; paying their highest political homage to Constitutional obligation as the basis of all faith between States, and the strongest bond of Federal Union, were summoned from our midst in startling suc- cession. While we were paying the last offices to our own great dead, fell in his high place in the National Capitol, a son of New England* born to fortune, born to education and to the rarest culture of the rarest gifts; endowed with genius, and courage, and a love of his race, which inspired a long and illustrious career that will keep his name in grateful memory so long as freedom is precious and slavery hateful to mankind. Viewing some of the great questions of their time from different points of observation and responsibility, yet seeking a, common end—the advancement of the best interests of the country and the human race—each discharged his duty with a conscientiousness and . « ♦Senator Charles Sumner. 285 286 NA THAN KELSE Y HALL. patriotism worthy the Golden Age of the Republic. This sad time is not without its lessons, and to those who deprecate the injustice of partisan controversy, not without its consolations. You have devolved upon me the office of preparing a sketch of the life and character of Judge Hall. Happily he has left a brief autobiography of his early years, designed for his family only, but which I have been kindly permitted to consult for the purposes of this paper. Nathan Kelsey Hall was born in Marcellus, Onondaga County, New York, March io, 1810. His father, Ira Hall, son of Doctor Jonathan Hall, a practicing physician of that town, resided with Nathan Kelsey at the time of his son’s birth. Of Mr. Kelsey, Judge Hall speaks as “a substantial farmer in the best sense of the term, a man of strong mind and excellent judg- ment, unswerving integrity and wise benevolence.” In the family of Mr. Kelsey young Nathan lived until about 16 years of age, and was to them as .a son. The autobiography to which I have referred, speaks of his relation to Mr. and Mrs. Kelsey in terms of filial affection. They manifested the deepest interest in his welfare and watched his career with satisfaction and pride. ‘ His educational advantages were such as were afforded by the district school, in which he was thoroughly instructed in the primary elements of our English education. His teacher for several winters was the late Moulton Farnham, Esq., of Attica, an excellent lawyer and estimable gentleman. When not in school he assisted on the farm in the usual occupations of a farm- ing lad. In 1818 Mr. Hall’s father moved into Erie County, settling permanently in Wales, where he followed his trade and kept up a small farm. In 1826 young Hall took his adieu of the Kelseys and went to live with his father. Says the sketch, narrating this part of his history, “I parted from Mr. Kelsey, tears streaming from the eyes of both of us, and was soon on my way to the West.” He was for a few weeks, after rejoining his father’s family, a clerk in the store of Alba Blodgell, in Alexander, Genesee County. His father was a leather and shoe manufac- turer, and Judge Hall makes a playful reference to his own attempts in those arts. “ After my return from Alexander,” heNA THAN KELSE Y HALL. 287 writes, “I remained for a time at Wales working part of the time in a sugar orchard and the residue in the shoe shop, where I soon learned to tap coarse shoes and boots in a very coarse way. I believe I even succeeded in making a pair of small and very coarse shoes. Still I can boast of no great success as a son of St. Crispin, and when I left the shop there was no very serious violation of the good old adage, ‘ Let the shoemaker stick to his last.* ” Efforts were at this time made to secure him a situation in a store at Aurora. They failed, and then application was made to Millard Fillmore, at that time a practicing lawyer at Aurora, to take him as a student in his office. Here was the turning-point in young Hall’s life. The failure to secure a merchant’s clerk- ship gave the nation the statesman and jurist. Mr. Hall gives the following account of his entrance upon his new vocation, and of his occupation and early struggles: On the first day of May, 1826, I left the tan-yard and the shoe shop for the law office. Mr. Fillmore had a small office, a well selected law library of about one hundred and fifty volumes, and a village library of about one hun- dred and fifty volumes was kept in his office, he being the librarian. Mr. Fillmore was then 26 years old and not yet admitted to the Supreme Court. His business was small, and when not employed in writing I spent my time in reading very assiduously such law books as he directed and such miscella- neous books from the village library as his or my judgment approved. In this way I spent six months in his office, and then took a district school about three miles from my father’s and taught it for three months at $11 per month, probably as much as my services were worth. At the end of the school term I returned to Mr. Fillmore’s office, a wiser, if not a better youth, and again entered upon my legal studies. I continued my studies with great assiduity, being sometimes employed as surveyor by private persons and by the Com- missioners of Highways at $1.50 and $2.00 per day. Mr. Fillmore was glad to render the same services for the Commissioners of Highways and citizens of Aurora. Who could cast the horoscope on that eventful first of May and foretell the fortunes of those two, both poor, both unknown and unpatronized, neither with any dream that the future had anything for them beyond honorable, independent and com- paratively obscure lives. The one but a few years out of his apprenticeship to an honorable and useful trade, and the other from the farm and shop, and there beginning an association288 NATHAN KELSE Y HALL. which should stretch out through almost half a century, cul- minating in a mutual friendship that knew no waning, and bear- ing them together to the highest seats of power and honor. Viewed in the light of their career and of the sad pageants of this month of March, that morning scene is most suggestive. I find in a memorandum book which young Hall opened on the day he entered Mr. Fillmore’s office the following entry : Clerk and student at law in M. Fillmore’s office, Aurora. Motto—In- tegrity, industry and perseverance, will lead to honor, riches and universal esteem. July 4,1829. N. HALL. This motto is repeated and so emphasized on another page. It is worthy of Franklin, and furnished the key-note of his after life- In the sense in which he used the term “ riches”—inde- pendence—his life was an illustration of his motto. Mr. Hall continued with Mr. Fillmore in Aurora, teaching school winters, surveying as opportunity offered, and so con- tinued until July, 1831, when he entered the office of the Hol- land Land Company as clerk under the late Col. Ira A. Blossom, the local agent. He remained in this new relation thirteen months, still keeping up his legal studies during leisure hours. Of Col. Blossom he speaks in grateful terms as one of his warm- est friends. On the 15th of November, 1832, Mr. Fillmore invited him to a partnership, Mr. Hall having been admitted to the bar as attorney and solicitor the July preceding. With the formation of this partnership we find him fairly started on his professional career, fully equipped by character, by application to business and capacity for work, for all the suc- cess he could fairly win. He was soon selected for various local trusts. The list of his early official positions is a high eulogium on his character and qualifications. From 1830 to 1840 he held at some time the following offices : Deputy Clerk of Erie County; Commissioner of Deeds for Buffalo ; Clerk of Board of Supervisors ; City Attorney in 1833; Chairman of Board of Supervisors; Master in Chancery, 1840; Taxing Master of Eighth Council ; Alderman of Fifth Ward of Buffalo, 1837-38; and Major and Judge Advocate of Fourth Brigade.NA THAN KELSR Y HALL. 289 In the year 1839, Mr. Hall, having been appointed by Gover- nor Seward, Master in Chancery, formed a partnership with O. H. Marshall, Esq., which continued one year. In 1842 he formed a partnership with Dennis Bowen, Esq., which was dissolved in 1850. But previously to these later relations, and on the 10th of January, 1836, was formed that professional Triumvirate which has become historic, and which was destined to a control- ing interest both in the State and Nation. The law firm of Fillmore, Hall & Haven was then organized, Mr. Fillmore being just thirty-six years’* of age, Mr. Hall twenty-eight, and Mr. Haven about twenty-six. I doubt if the history of the country affords a parallel instance of three young men so associated professionally, with none of those aids which estab- lished family position, or wealth, or liberal education are sup- posed to give, attaining severally such professional and political eminence, and that without jealousy of each other, and with the most perfect loyalty to their mutual friendship. Each brought to the common stock talents peculiarly his own, and all were able lawyers. Will you permit me to linger a moment over the memory of Mr. Haven. He was unquestionably one of the most rarely endowed men we have ever had among us. As a nisi prius lawyer Western New York had not his superior. He had no eloquence, never carried juries by the storm of passion or the magnetic power of what we call genius. But somehow he carried them. He was simple, but clear and direct in presenting a case, and no man found readier access to the understandings and sympathies of the formidable twelve men. He was always cool, never betrayed into confessed surprise, was full of resources, and went through a trial with the tone and air of a master. Common sense, good nature, a, ready wit, a bright intellect, a winning address, were the great elements of his power over a jury. In a political canvass the same characteristics made him the most popular of men before an audience. His pleasantry always amused, while his logic convinced, and his unbounded good humor made him a universal favorite. During the six years he was in Congress, he was one of the most useful 19290 NA THAN KELSE Y HALE of its members. Mr.Washburne, our present Minister to France,* who was in Congress with him, but not always in political sympathy, told me that on other than purely party questions Mr. Haven was the most influential member of the body. Every member knew that he brought integrity and intelligence to the study of every question of public interest before the House, and that it was safe to follow his lead. He died in the maturity of his powers, too early for his many friends, too early for the country he could serve so well. Remembering the associated and distinguished careers of those three men, there is a touching pathos in their last repose, side by side, in our city of the dead. Judge Hall brought to his profession perfect conscientious- ness, great industry, dispatch of business in hand, a clear, analytical mind, in short, every element which goes to make a complete office lawyer and a safe counselor. He was an admirable commercial lawyer. This was clearly revealed to the public when in 1842 he was appointed first Judge of the old Court of Common Pleas of Erie County. Before his advent to the Bench of that Court it had no standing as a commercial Court. But during Judge Hall’s term of service it was acknowledged to rank among the foremost of the State. But it was as an equity lawyer that he was pre-eminent. His nice sense of justice, his patience in investigation, and his love of those broad principles of equity which are the basis of all just dealing between men, his ready sympathy with cestui que trusts, who as widows, or as orphans and infants, held relations of dependence upon trustees, all inclined him to make equity jurisprudence his specialty as a lawyer. When he left the profession to take a place in Mr. Fillmore’s Cabinet, his reputation as an equity lawyer was second to that of no man in Western New York. And there can be no doubt had he con- tinued the practice of his profession he would have achieved great distinction in his favorite branch of legal study, and reaped the just reward of his diligence and learning. The character of his mind was rather analytical than creative. He had no warmth of imagination, no fervid fancy. He had a thorough knowledge of legal principles, and that integrity of mind ♦Resigned in 1877, died Oct. 22, 1887.—Ed.NA THAN KELSE Y HALL. 291 which not only never imposed upon others, but did not permit him to impose upon himself. He had a calm temperament, a habit of patient investigation, a sound judgment, a ready application of legal principles to the case in hand. How highly these charac- teristics were appreciated by his professional brethren appeared in his popularity as a referee while he was in the profession. I think it safe to say that no Buffalo lawyer at the time I refer to was so frequently chosen to act as referee in important cases. In August, 1852, Judge Hall was appointed by President Fillmore, United States District Judge of the Northern District of New York. This office he held for nearly twenty-two years, discharging its duties with a fidelity and ability which rank him among the most laborious, useful and upright of the Federal judiciary. He entered upon the office at a new era in its rela- tions to our inland commerce. The business upon the lakes had within a few years very largely increased, giving rise to much litigation to be settled by the principles of marine law. It had then recently been decided by the Supreme Court of the United States that our inland lakes were within its admiralty jurisdiction. This threw upon Judge Hall’s court a large amount of litigation involving principles and practice peculiar to admiralty law. This was an entirely new field to him, and he entered upon it as a student with a diligence and zeal which made him master of that branch of the law. I have been told that when first invited to hold a term of the District Court in New York, there were several important admiralty cases on the calendar which counsel were disposed to put over the term, feeling that an inland judge could know little law governing cases connected with ocean commerce. But on the trial of one or two such cases before him, the profession were surprised by his profound knowledge of the principles of the admiralty law, and he was ever after one of the most popular judges called to preside at the New York Circuit. His selection was always hailed as a happy fortune for the bar and for suitors. His new career as judge imposed upon him the necessity of studying another and very difficult branch of law—that of patents, an exclusive specialty even among lawyers. He thoroughly mastered it and his opinion became high authority. The complicated system of our revenue laws292 NA THAN KELSE Y HALL. imposed upon him fresh labor, and to no judge is the country more indebted than to him for a just interpretation and enforce- ment of the revenue laws. After the passage of the present bankrupt law his court was literally overwhelmed with questions requiring discrimination, judgment and learning to solve. With the enormous labors of this court before this fresh draft upon his energies, it is easy to see that the settlement before him of sev- eral thousand bankrupt cases during the last few years, some involving millions of dollars and the rights of hundreds of creditors, demanded a strength of body herculean and of mind adequate to every exigency. As an interpreter of the bankrupt law he became an authority. He placed no limit to his labors either in mastering the law or in arriving at an equitable settle- ment among conflicting creditors of bankrupt estates. Here was the weight that broke him down. He undoubtedly bestowed more labor on his cases than duty required. He did not know how to work easily, he only knew to do the utmost that could be done, to exhaust every subject presented to his review, to sift to the bottom every complication of facts, and to leave a case submitted only when he had mastered it to the last detail. He was always in harness, and scarce knew what recreation was. Very few of Judge Hall’s decisions were finally reversed. The only criticism I ever heard made upon his method in the trial of cases before him, was to the effect that in taking testimony and weighing it he failed to duly discriminate between honest and dishonest witnesses. It was accompanied by this explanation, that the Judge was so honest himself that he did not readily sus- pect dishonesty in others. However this may have been, the fact that on review his decisions were so generally sustained, is sufficient proof that suitors went out of his court with substantial justice so far as he was called to administer it. I do not know how I can better supplement what I have said than by quoting . some of the expressions made before Judge Blatchford’s Court in the Southern District, as I find them reported in the New York papers. Hon. E. W. Stoughton, the eminent counselor of New York, the day after Judge Hall’s decease, moved the adjourn- ment of the Court out of respect to his memory, and in the course of his address said as follows :NA THAN KELSE V HALL. 293 Judge Hall entered upon the discharge of his duties with a high sense of sacred obligation imposed upon him. He has often presided in this District, both in the Circuit andr District Courts. During almost his entire judicial life it has been my good fortune to know him well and to enjoy, as I believe, his confidence and friendship. I have been often before him in the trial and argu- ment of cases, some of which were of great length and difficulty. His efforts thoroughly to understand the most complicated were ever persistent and laborious. He rarely conceived and rarely expressed at an early stage of any cause impressions for or against either side. He was slow to arrive at con- clusions, and seldom did so until he had most carefully investigated and delib- erated upon the questions to be determined. His love of justice, his desire to do justice, impelled him oftentimes to the performance of judicial labor of the most painful and minute character, and he brought to his aid in this stores of exact legal learning, the accumulations of many well spent years. He heard counsel with patience, and ever treated them with courtesy and kindness. His judicial life has been pure and spotless, and to his labors and his example the Bar, the public and even the Bench are greatly indebted. A more satis- factory life to him, one which could more completely gratify the pride and the honest ambition of the widow and descendants who mourn his loss, cannot well be imagined. He had occupied high places in the State and on the Bench,without having sought or secured them by unworthy means, and he has ever so discharged his high and responsible trusts as to merit the approval and the applause of the best among his fellow-men. He was a worthy associate upon the bench of that great judge whose los#we still sincerely mourn (Nelson), and whom, after a few months of separation, he has gone from us to join. If Judge Hall does not rank among the few great judges who have established the principles of law and equity as applicable to trade and commerce, or who have interpreted the fundamental law and defined the limitations of State and Federal authority, there can be no doubt of his place in our judicial history as one of the most upright, laborious and adequate judges that have ever honored the American Bench. One characteristic of Judge Hall, in times of popular excite- ment, provoked some criticism. He had as profound a rever- ence for law and constitutional right and authority as it is possi- ble for man to pay them. Living law to him was the highest representative of the Divine on earth.- And whether in peace or war, whether it involved the rights of persons or the Government, it was to be enforced without fear or favor. Salus legis suprema lex appeared to him the safer maxim than the salus populi. He saw no safety for the citizen in irresponsible authority. His294 NA THAN KELSE Y HALL. judgment might have been always right, or sometimes wrong, in his vindication of the inviolability of the law. But one thing is certain, that for the rights of persons as maintained today in England and in our own country, we are indebted to judges of the stamp of Judge Hall; men who could go to the Tower or the block with heart and cheek unblenched, but who would not deny the protection of the law to the poorest subject, the humblest citizen, against Commons or Kings. Judicial inde- pendence under the sanctions of an honest nature a democracy can not afford to undervalue, and this element, so needful for the protection of the citizen in times of civil commotion and alarm, was pre-eminent in Judge .Hall. Herein was the moral grandeur of his character. Underneath that modest mien and unaffected simplicity was the latent element of power, which, on occasion, could rise to the sublime of judicial assertion. With- out this quality a man may be a learned judge, but in the high- est sense he can not be a great one. Judge Hall had a short legislative career, having been elected a member of Assembly in November 1845, and a member of Congress in 1846. jjle declined a re-election to Congress. He took high rank in both bodies as a capable and useful legislator. He was distinguished for his intelligent labor in committee, and for his attention to the general business before the House. At the close of his Congressional term he returned to his profession from which he was called to yet more responsible relations in the Government. The death of General Taylor brought Mr. Fillmore to the Presidential office, and in forming his Cabinet he called Judge Hall to the office of Postmaster-General. He was fully in sympathy with the President upon all the great questions and measures of the time, but his own immediate responsibility be- gan and ended with his own Department. He held the office of Postmaster-General from July 3, 1850, to September 13, 1852, and in September, 1851, was for a short time acting Secretary of the Interior. To his Cabinet office he brought the same zeal, energy, judgment and fidelity which had distinguished his pro- fessional and official life. As a Cabinet officer he took high rank and was especially valued by his colleague, Mr. Webster. ThereNATHAN KELSE V HALL. 295 are two classes of statesmen: The one represents the doctrinaire and innovator, who is sometimes Utopian and sometimes wisely in advance of his time. Another class has little sympathy with experiments, and prefers to stand by the established order so long as it seems to work substantial justice. Judge Hall was a representative of the latter class. He was no doctrinaire, and he was slow to accept new theories until his judgment told him it was time for the old to die; he was a conservative statesman, and gave to that school his cordial, because his honest, co-operation.* The bare enumeration of his official trusts shows how abso- lutely he was the servant of the public. Many of them in the earlier part of his career were humble offices, sought undoubtedly, for the aid they would give him in his struggles, but the duties of each and all were as faithfully discharged as were those of the highest dignity and responsibility. It was this proved adequacy and tried fidelity that secured him the most absolute public con- fidence, and made easy and natural his advancement to the high- ests trusts under the Government. And it was well said at the meeting of the Bar, that this was the crucial test and that his character had come out of it as solid gold. His integrity was almost of a romantic type—no importunity of friendship, no precedents of favoritism could ever bend him from the most inflexible observance of his rule of duty. This was illustrated when he was Postmaster-General in his award of contracts for printing and mail services, when he never knew any difference between friends and foes and had no eyes for anything but the most advantageous offers for the Government. The many offices held by Judge Hall, having more or less emolument, never enriched him, while the greater portion of his official life, and from which the public reaped the largest advan- tage was, measured by the value and amount of services rendered, pecuniarily unrecompensed. His judgeship did not yield a sup- port, to say nothing of its dignity, which is something so long as a worthy man holds the office. But Judge Hall did his full share of service in founding and maintaining those institutions of education and charity, which are the best exponents of our social spirit. As early as 1837, *See “ The Postal Service of the United States,” by Mr. Hall, this vol., p. 299.—Ed.296 NA THAN KELSE Y HALL. when in the City Common Council, he was Chairman of the School Committee, and in connection with O. G. Steele, Esq., then Superintendent of Schools, prepared the bill which revolu- tionized the former system and prepared the way for the present systems of our public schools.* He was for many years Presi- dent of the Buffalo Female Academy, and was at the time of his death one of the trustees of the Wells Seminary at Aurora, Cayuga County. He was also President of the Board of Trus- tees of the State Normal School in Buffalo. He was one of the trustees of the Ketchum Memorial Fund. He was one of the founders and Presidents of this Society, in which he always took a deep interest. In short, he lived and died in the public ser- vice, shrinking from no labor imposed, discharging every duty as a citizen with scrupulous fidelity and honor. In every private and domestic relation his life was beautiful. His autobiography has an almost religious tone of gratitude to his father’s house, and to the early home that gave his childhood protection and love. He was a fond kinsman, and a wide circle dwelt in the sunshine of his considerate and sacrificing nature. He practiced a liberal and unostentatious charity. He realized the ideal man of the Arabian poet: “ He delivered the poor that cried, and the fatherless and him that had none to help him. He put on righteousness and it clothed him, and his judgment was a robe and a diadem.” He reverentially recognized the moral Providence of the world. He had a pure heart, which is the vision of God. His worship was neither a ceremony nor an asceticism. His organization required other methods of expression than these. In this con- nection I shall take the liberty to quote a single paragraph from his autobiography, sacredly personal as is its character: “ That much of my success has been due to my own efforts, I feel bound to say in encouragement of those who shall come after me, while I admit with thankfulness and gratitude that much more has been due to the kindness of the Universal Father who cast my lines in pleasant places, and in the course of His benignant providence afforded me abundant and yet repeated opportunities *See “ The Buffalo Common Schools,” by Oliver G. Steele, Pub. Buf. Hist. Soc., Vol. I., page 405.—Ed.NA THAN KELSE Y HALL. 297 to put to profitable and yet honorable use the talents he had given me. ’ ’ But what can I say of Judge Hall as a man which has not already been expressed in every form of tribute which a public can pay to one it honors and reveres. Words almost fail us when we enter the domain of his private life and contemplate his character as it unfolded in the relations of friendship and home. He might have appeared stern and severe to those who knew him not, but to those who sought him he was sweet as summer. Who ever saw him ruffled, except in presence of some cruelty or wrong ? What a benediction was in that friendly, beaming face ! Living without ostentation or display, yet with tasteful comfort, he was a princely host. 44 This house is yours,” says the courteous Castilian ; 44 This house is yours,” you read in our friend’s greeting and hospitality. He was born for friendship and he abounded in those little offices of kindness which are among the sweetest'solaces of life. He made our burthens lighter by his love, and we went from his presence with fresh courage and renewed strength for life’s weary march. He had a large nature, full of truth, loyalty and honor. His word had the sanctity of religion, it was a pillar of constancy. His public career was pure as his private life. All the elective offices he ever held were bestowed, not purchased. If modern politics are in the least degenerated, he did nothing to degrade them. He never offered bribes, he never debauched a constit- uency. He never solicited offices with votes in one hand and money in the other. He was fond of place, but no ambition ever led him to sacrifice his manhood. He never dragged his robes in the mire or sullied those of other men. He was ever pure, self-respecting. He was no.flatterer of the people—he had no arts, no strategy—his capital was his character. He was a gentleman of the old-time school, a type of a class rapidly passing away. Science teaches us that the different geological periods have furnished each distinct formation and species of vegetable and animal life, the new ever superseding the old. Our modern society seems to have a somewhat analogous experience. This period of unrest, of concentration of capital and energy in great centers of population, of material devlopment and the new paths it opens for personal distinction, will give us types of298 NA THAN KELSE V HALL. commanding energy and force, but without the calm, the dignity and silent power of the old school. Judge Hall married on the 16th day of November, 1832, Miss Emily Paine, of Aurora. Five children were born to him, of whom but one survives—Mrs. Josiah Jewett of this city. For several years previous to his death his constitution gave repeated signs of giving way before the severe labors of his office. On the week previous to his death he had been in daily attendance upon his official duties. On Sunday, March 1st, he did not feel as well as usual and kept in bed. I saw him at seven o’clock in the evening, when he was cheerful and hopeful, with no appear- ance of extreme illness. He fell asleep at the usual hour and about four o’clock in the morning, after a slight spasm, he died. And so he passed forever from the scenes of time.