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MEMOIR 
 
 OF 
 
 NATHANIEL G00K1N UPHAM, LL.D. 
 
 Read at the Annual Meeting of the N. H, His¬ 
 torical Society, June 14 , 1871 . 
 
 BY 
 
 DANIEL J. NOYES, D.D. 
 
 Professor in Dartmouth College. 
 
MEMOIR 
 
 OF 
 
 NATHANIEL GOOKIN UPHAM, LLJ). 
 
 By Prof. Daniel J. Noyes, D.D. 
 
 Among the useful and distinguished men of 
 New Hampshire, the name of Nathaniel Gookin 
 Upiiam holds an honorable place. His many vir¬ 
 tues in public and private life endeared him to a 
 large circle of friends, and entitle him to grateful 
 remembrance in the State. Mr. Upham was the 
 descendant of a very worthy ancestry, whose long 
 and unbroken line reaches back many centuries 
 into English history. The first of the name that 
 came to this country was John Upham, who was 
 born in England in 1597, and settled in Wey¬ 
 mouth, Mass., in 1635. Among his descendants, 
 of the fifth generation, was Eev. Timothy Upham, 
 who was graduated at Harvard College in 1768, 
 and settled in the ministry in Deerfield, N. PL, in 
 1772. For thirty-nine years, till his death in 181P, 
 he was the able and much-respected pastor of the 
 
4 
 
 Congregational church in that town. Rev. Mr. 
 Upham had two sons, both of whom became prom¬ 
 inent men in the State. Timothy, the younger of 
 the two, settled in Portsmouth, N. EL, as a mer¬ 
 chant. He was an efficient officer in the war of 
 1812, and was much respected in all the relations 
 of life. Nathaniel, the elder son of Key. Mr. Up¬ 
 ham, commenced business in Deerfield, his native 
 town, as a merchant, in 1796. After remaining 
 there a few years, he removed to Portsmouth, and 
 from thence, in 1802, to Rochester, N. H., where he 
 became permanently established in mercantile pur¬ 
 suits. His labors in his chosen occupation were 
 crowned with eminent success. He was a man of 
 very decided ability, and of great influence in the 
 State. He represented the town of Rochester in 
 the State Legislature three years. For two years 
 he was a member of the Governor’s Council. 
 From 1817 to 1823, he was one of the represen¬ 
 tatives of the State in the National Congress. 
 In all these positions, he was distinguished for 
 intelligence, wisdom, and energy. 
 
 In 1798 he was married to Judith Cogswell, a 
 woman of great worth, the only daughter of Hon. 
 Thomas Cogswell, of Gilmanton, N. II., who was 
 
an officer in the American Revolution; and sub¬ 
 sequently, for a number of years, a judge of the 
 Court of Common Pleas. By this marriage there 
 were eleven children, — seven sons and four 
 daughters. The oldest child is Thomas Cogswell 
 Upham, the author of many valuable works in 
 literature and philosophy, and who was for many 
 years a distinguished Professor in Bowdoin Col¬ 
 lege. 
 
 Nathaniel Grookin Upham, the subject of this 
 sketch, was the second child.' 55 ' He was born 
 in Deerfield, N. H., January 8, 1801. In very 
 early life he manifested an unusual taste for 
 reading, and was more interested in books than 
 in the ordinary sports of childhood. It was 
 his father’s intention to give him a common busi¬ 
 ness education, such as would fit him for ordinary 
 
 * The other sons are Alfred Upham, M. D., and Francis W. Upham, 
 LL.D., who reside in New York; Joseph B. Upham, for many years a 
 merchant and subsequently Collector of the Port, resides in Ports¬ 
 mouth, N. H.; Timothy Upham, M. D., of Waterford, and Prof. Albert 
 G. Upham, M. D., of Boston, both of whom died many years ago. The 
 daughters of Nathaniel and Judith Upham, were Hannah Elizabeth, 
 who died in infancy; Mary, who married Hon. David Barker, Jr., of 
 Rochester, N. H., Member of Congress, now the widow of Eben Coe, 
 Esq., of Bangor, Me.; Judith, who married Hon. James Bell, of Exe¬ 
 ter, N. H., Senator of the United States, and Ruth C., who married 
 Dr. J. Berry, and died May, I8G9, at the residence of her only 
 daughter Julia, who married Rev. J. C. Thompson, of Pottstown, 
 Penn. 
 
6 
 
 practical life. But at the suggestion of his older 
 brother, and in accordance with his own wishes, 
 this plan was changed, and he commenced his 
 studies preparatory to college. These he pursued 
 mainly at Exeter Academy, then under the 
 charge of Dr. Abbott, a man greatly respected and 
 beloved by his pupils, many of whom lived to 
 confer honor upon their teacher. 
 
 Mr. Upham entered the Freshman class in Dart¬ 
 mouth College in 1816. While a member of Col¬ 
 lege he was distinguished for propriety of con¬ 
 duct, studious habits, and a faithful discharge of 
 all the duties of student life. He was not only 
 faithful, but successful in all the studies then 
 pursued in the College. In literary and classical 
 attainments he had few superiors. He was gradu¬ 
 ated with honor in 1810. 
 
 The years which he spent at Dartmouth were 
 years of trial and adversity to the College, yet 
 they were years distinguished above almost any 
 other equal period in its history, for faithful and 
 successful scholarship. The number in the sev¬ 
 eral classes who gave promise, by their eminent 
 scholarship, of uncommon success in life, and who 
 afterwards fully realized that promise, was unus- 
 
ually lar,ge. In the class with Mr. Upham was 
 Hon. George P. Marsh, of whose eminent at¬ 
 tainments as a scholar and a statesman, not the 
 College only, but the whole country, is justly 
 proud. Mr. Marsh, in a letter written since the 
 decease of Mr. Upham, speaks of his classmate in 
 the following terms: " He was distinguished in 
 college by conscientious punctuality in the dis¬ 
 charge of ^11 the duties of academical life; was an 
 excellent scholar, and was possessed of social traits 
 which secured for him the respect and affection of 
 his college companions.” Hon. George W. Nes¬ 
 mith, lately one of the judges of the Supreme 
 Court of New Hampshire, was also a classmate of 
 Mr. Upham. He thus bears testimony to his 
 worth and promise while a member of college: 
 w He excelled in the classics, and was a correct 
 and ready writer. He cultivated a taste for gen¬ 
 eral literature, and was especially fond of poetry. 
 He was regular and attentive to the duties of the 
 hour, prompt in the fulfilment of his engage¬ 
 ments, always faithful and industrious. He was 
 a lover of good order, remarkably even in his 
 temperament. I do not know that I ever saw him 
 excited by angry passions, or betrayed into the 
 
8 
 
 expression of disrespectful language towards any 
 one. His manners were well calculated to win 
 others to him, and command influence over them. 
 Hence he acquired popularity, which was the con¬ 
 sequence of his uniformly kind deportment towards 
 others. Such were some of the prominent excel¬ 
 lences in his college life, which tended to form 
 the basis of the solid and exemplary character 
 which he sustained during his subsequent life.” 
 
 Immediately after his graduation, Mr. Upham 
 commenced the study of law, in the office of 
 Hon. David Barker, Jr., of Rochester, IS". H. 
 Having completed the preparatory studies, he 
 was admitted to the bar, and entered upon the 
 practice of his profession in Bristol, IS". H. He 
 remained there in successful practice, securing 
 more and more the confidence of the community 
 in his ability and integrity, and giving increasing 
 promise of an honorable future in his profession, 
 till 1829, when he removed to Concord. 
 
 He continued in the practice of the law, in 
 the wider field now opened before him, till 
 1833, when an important change occurred in his 
 professional life. His accurate knowledge of 
 law, his success in the practice of his profession, 
 
9 
 
 the judicial character of his mind, and his repu¬ 
 tation for integrity and general attainments in 
 knowledge, led to his selection for one of the 
 most important and responsible offices in the 
 State. On the retirement of Judge Harris from 
 the bench, Mr. Upham was appointed one of 
 the Associate Justices of the Superior Court of 
 ]STew Hampshire. This honor was the more 
 complimentary as it was conferred upon him at 
 the early age of thirty-two. With the single 
 exception of the Hon. Levi Woodbury, he 
 was the youngest man that had been placed 
 upon the bench in New Hampshire. His 
 faithful and able discharge of the high duties 
 of the office fully justified the appointment. 
 His associates on the bench were all men of 
 ability ; some of them rank high among the 
 distinguished jurists of the country. At the 
 time of which we are now speaking, Hon. 
 William M. Richardson was Chief-Justice,— a 
 man greatly respected and beloved by the bar. 
 Hon. Joel Parker, afterwards Chief-Justice, came 
 upon the bench at the same time with Mr. Upham, 
 — a man whom New Hampshire delighted to 
 honor while a citizen of the State, and whose loss 
 
 2 
 
10 
 
 she regretted when he was called to honorable 
 service in a neighboring Commonwealth. A 
 worthy associate of such men, Judge Upham 
 remained upon the bench, discharging with faith¬ 
 fulness and ability the duties devolving upon him 
 till 1843, a period of ten years. The principal 
 reason, probably, of his leaving the bench, and 
 changing almost entirely his mode of life, was the 
 state of his health. It was never firm at best ; 
 and the labors of the court, the confinement and 
 exposure incident to the life he was called to lead, 
 were a draft too severe for his constitution long 
 to endure. Other and important considerations 
 also had their influence with Judge Upham in 
 leading him at this time to make a change in 
 what appeared to be his settled life-work,-—a 
 work to which his taste inclined him, and for 
 which, in the judgment of many, he was better 
 qualified, by natural and acquired talents, than 
 for any other. 
 
 An industrial interest, destined to exert a 
 most important influence on the business of the 
 country, to call into exercise, in an unprecedented 
 degree, its capital and labor, to change in a great 
 measure the ordinary modes of travel and trans- 
 
11 
 
 portation, had arisen within the few years preced¬ 
 ing the time of which we are speaking. It was 
 not a new enterprise merely in this country; it 
 was new also in the Old World. Railroads had 
 but recently come into use in England and on the 
 continent of Europe, and there only on a limited 
 scale. No railroad of any considerable impor¬ 
 tance was built in this country previous to 1830. 
 
 The proper management of this department of 
 business was therefore, at that time and for some 
 years after, very imperfectly understood. In 1833 
 the railroad from Boston to Lowell was com¬ 
 pleted and opened for use. In ten years from 
 that time, a road connecting with it was extended 
 to Concord, N. H. After the construction of the 
 Concord Railroad, it became an important in¬ 
 quiry with those especially interested in its suc¬ 
 cess, to what leading mind the management of it 
 should be intrusted. The position of general 
 superintendence and control was one of great im¬ 
 portance, not only in respect to those pecuniarily 
 concerned, but to the public generally. Very 
 much depended upon the management of the 
 road at first, whether the growing interest in this 
 mode of internal improvements in the State should 
 
12 
 
 be increased and at once made productive of 
 good, or whether it should be checked for years. 
 A man, therefore, suitable in all respects to stand 
 at the head of the newly-constructed work, and 
 direct its atfairs, was very desirable. But such a 
 man, at that time, it was not easy to find. Many 
 interests were involved in the new movement. 
 Many important legal questions were likely to 
 arise in connection with it. Great knowledge 
 of men and business, and great skill in affairs 
 generally, were essential qualifications for the po¬ 
 sition. Attention was turned to Judge Upham, 
 who had been greatly interested in the con¬ 
 struction of the road, and whose influence had 
 contributed very much to the completion of the 
 work. He was thought to possess, in a high de¬ 
 gree, the requisite qualifications. He resigned 
 his seat on the bench, and accepted the office of 
 Superintendent of the road. When the business 
 of the corporation had so increased as to require 
 a division of the labors devolving upon him, he was 
 appointed President. In managing the affairs of 
 the road, he used great wisdom and judgment. He 
 was careful and considerate; never rash nor hasty; 
 never carried away by his imagination or his feel- 
 
13 
 
 ings, to adopt impracticable or unwise meas¬ 
 ures. He was very industrious in his appropriate 
 work, — always laboring fully up to his strength, 
 often beyond it. He gave to it his best thoughts, 
 all his legal knowledge, and all his experience. 
 He planned wisely and successfully for the en¬ 
 largement of the business of the road. He 
 guarded, with great prudence and foresight, 
 against everything that might prove dangerous 
 in any degree to its future success. Very quietly, 
 but with remarkable perseverance, he labored to 
 accomplish his purposes. No difficulties dis¬ 
 couraged him. With a mind fertile in resources, 
 and with energy untiring, he overcame all obsta¬ 
 cles. His associates in office always found him 
 a careful adviser; never self-confident, never as¬ 
 suming powder which did not belong to him. 
 Those who were in his employment, in subordi¬ 
 nate positions, have occasion to remember his 
 considerate kindness, and generous appreciation 
 of their services. 
 
 When we take into account the inexperience of 
 the country in the management of railroads, the 
 difficulties to be overcome, the labor to be per¬ 
 formed, and the various interests to be harmo- 
 
14 
 
 nized, it must be admitted that the road was very 
 successful during the twenty-three years of his 
 connection with it. After giving full credit to 
 others, its success may justly be ascribed, in no 
 small degree, to his wisdom and energy. He 
 held the office of President till 1866, when his 
 connection with the road ceased. In 1853, while 
 still connected with the Concord Railroad, Judge 
 Upham was called to the performance of a very 
 important service for the country. Various claims 
 which had, from time to time, during a period of 
 nearly forty years, been made by citizens of the 
 United States upon the government of Great 
 Britain, and by the subjects of Great Britain upon 
 the government of the United States, remained 
 unsettled, to the great injury of the claimants and 
 the good feeling of the two nations. The reason 
 for this unpleasant state of things which had so 
 long existed, and which had been growing worse 
 from year to year, is to be found in the difficulty 
 of doing justice to the parties concerned. The 
 evidence in respect to some of the claims, espe¬ 
 cially those of a private character, was often so 
 uncertain and conflicting as to render it difficult 
 to reach a just decision. The more important 
 
15 
 
 cases at issue involved principles of international 
 law, respecting which there existed a great differ¬ 
 ence of opinion between the two governments. 
 These difficulties had for a considerable time been 
 the cause of unpleasant feeling between the two 
 countries, and constituted an element unfavorable 
 to the continued existence of friendly relations. 
 Efforts had, from time to time, been made to ad¬ 
 just these claims, but without success. They had 
 been the subject of careful investigation and 
 frequent discussion by the ablest American and 
 English diplomatists. No hope of settlement 
 by ordinary methods remained. In this state of 
 things, the two nations entered into a convention 
 February 8,1853, for the settlement of all existing 
 claims of every kind which had been presented to 
 either government for its interposition with the 
 other, since the treaty of peace in 1814; and 
 such other claims occurring since that time as 
 might be presented to the commissioners within six 
 months of their first meeting. Under this con¬ 
 vention a commission of claims was appointed in 
 July of the same year. One commissioner was to 
 be appointed by each government, and the two 
 were to name some third person to act as umpire 
 
16 
 
 in cases in which the commissioners might differ 
 in opinion. Judge Upham was appointed on the 
 part of the United States, and Edmund Hornby, 
 Esq., on the part of Great Britain. Their decis¬ 
 ion was to be regarded as final, and in accordance 
 with it, all the claims between the two countries 
 were to be adjusted. 
 
 The appointment of Judge Upham for this ser¬ 
 vice was regarded as eminently wise. A writer 
 in a leading journal, speaking of it at the time, 
 says: "The numerous friends of Judge Upham 
 will be much gratified with the high mark of 
 distinction conferred upon him. The office to 
 which he is appointed is one of scarcely less im¬ 
 portance than that of minister to a first-class 
 power. Its duties require talents of no ordinary 
 character for their correct and proper discharge. 
 Judge Upham possesses all the requisites for an 
 efficient discharge of the duties which this ap¬ 
 pointment devolves upon him, and will faithfully 
 represent the interests of his countrymen in all 
 the conflicting claims which may come up between 
 the two governments, and their citizens and sub¬ 
 jects. In addition to practical good sense and 
 correct business habits, he is a sound lawyer, and 
 a scholar of superior endowments.” 
 
17 
 
 The commission met in London, in September, 
 1853. Within the time allotted them, the com¬ 
 missioners acted upon all the claims that were 
 presented, amounting in the aggregate to many 
 millions of dollars, and pronounced upon each a 
 deliberate and final judgment. In accordance 
 with the decisions thus rendered, the claims were 
 paid by the respective governments, and the diffi¬ 
 culties of long standing and growing irritation 
 between the two countries were amicably and 
 satisfactorily settled. The convention was in all 
 respects successful, and is an important illustra¬ 
 tion of what may be accomplished by friendly 
 arbitration in settling national difficulties. The 
 complete success of the convention must be as¬ 
 cribed, in a great measure, to the candor, pru¬ 
 dence, and good judgment of the commissioners. 
 Some of the published decisions of Judge Upham, 
 especially those in which principles of interna¬ 
 tional law are involved, are very able,— an honor 
 to himself and to the country. The entire work 
 of the commission was satisfactory to both coun¬ 
 tries; and in the judgment of those who best 
 understood the difficulties involved, it was accom¬ 
 plished in a manner entitling the commissioners 
 
18 
 
 to great praise, and to the gratitude of all who 
 were especially interested in the work committed 
 to them. 
 
 Mr. Buchanan, then minister to England, in a 
 letter addressed to Mr. Marcy, Secretary of State, 
 at the close of the commission, bears the follow¬ 
 ing honorable testimony to the faithfulness and 
 ability with which the work had been performed: 
 
 It would scarcely be possible for any individuals 
 to have discharged those duties in a more satis¬ 
 factory manner. The business of the commis¬ 
 sion was conducted by Judge Upham and Gen. 
 Thomas, in their several spheres of action, with 
 much ability as well as indefatigable industry and 
 perseverance; and the result of their labors 
 has proved to be quite as favorable to our country 
 as could have been reasonably anticipated. The 
 action of this commission will be a great relief 
 to the two governments. All the claims of the 
 citizens and subjects of each on the government 
 of the other, which had been accumulating since 
 the date of the treaty of Ghent, December 24, 
 1814, and had given rise to so much diplomatic 
 correspondence, have happily now been decided, 
 and can no longer become subjects of discussion.” 
 
19 
 
 Hon. Edward Everett, who had given much 
 attention to the subject which came before the 
 commission, and who knew as well as any other 
 man in the country the difficulties connected 
 with it, bears testimony equally honorable with 
 that of Mr. Buchanan, to the ability and faithful¬ 
 ness with which the labors of the commission 
 had been performed. In a letter bearing date of 
 April 21, 1855, he writes: ” The commission was 
 admirably managed in London. It w T as certainly 
 important far beyond the space which it tills in 
 the public attention. It disposed of many disa¬ 
 greeable and irritating questions between the two 
 governments; settled practically some points of 
 public law, as far as such a tribunal could settle 
 them; and relieved onr diplomacy in London of 
 much of the labor which oppressed it. It was a 
 source of sincere gratification to me that its exe¬ 
 cution fell into such able hands.” 
 
 While engaged in this important service for 
 his country, Judge Upham was brought into 
 pleasant relations with many distinguished men 
 of England. During his residence in London 
 he formed an acquaintance with Mr. George 
 Peabody, which ripened into mutual and lasting 
 
20 
 
 friendship. He did not fail to improve, so far as 
 official duties would allow, the favorable oppor¬ 
 tunities afforded him for the gratification of his 
 taste in the examination of valuable works of lit¬ 
 erature and art, which are found in the Old 
 World. He visited, as far as he was able, places 
 of especial interest to the American scholar and 
 statesman, in England and on the continent. 
 
 The success of the commission in adjusting the 
 difficulties to which we have referred, between the 
 United States and Great Britain, probably led to 
 the selection of Judge Upham for another ser¬ 
 vice of a similar kind. In a commission appoint¬ 
 ed in 1862 by the United States and New 
 Grenada, for the settlement of claims between 
 the two countries, Judge Upham was chosen um¬ 
 pire. His labors in connection with this office 
 were very arduous, and resulted in an illness from 
 which he did not fully recover for more than two 
 years. At the time of his death his name was 
 prominent for the office of arbiter in a mixed 
 commission between the United States and the 
 Republic of Mexico. Judge Upham was an 
 earnest and consistent advocate of friendly arbi¬ 
 tration, as a means of settling international dif- 
 
21 
 
 Acuities. He thought that much might be done 
 in this way to avoid the evils of war ; and the 
 success of the convention between the United 
 States and Great Britain confirmed him in his 
 judgment. His views on the general subject are 
 clearly set forth by himself, in an able article in 
 the w Advocate of Peace,” in the May and June 
 number of 1868. 
 
 In politics, Judge Upham belonged to the 
 school of Jefferson. He had been educated in 
 that school, had grown up in it from his youth, 
 and heartily accepted its general principles and 
 policy. Though decided and pronounced in 
 his political principles, and a prominent member 
 of the party to which he belonged, he was not a 
 politician. He did not enter the arena of politics. 
 His voice was not heard in the counsels of the 
 party. His political influence was felt rather by 
 the weight of his general character, his well- 
 known principles and private suggestions, than 
 by the public exhibition of his views. He did not 
 aspire to office; and in only a few instances did he 
 hold any political office in the State. He was a 
 member of the convention called in 1850, to 
 amend the Constitution of New Hampshire. In 
 
22 
 
 that convention he was chairman of the business 
 committee, and contributed much by his legal abil¬ 
 ity and general knowledge of the subject in hand, 
 to the successful result which was reached by 
 that body. In 1865 and in 1866, he was a member 
 of the State Legislature, and was very prominent 
 and earnest in advocating the proposed amend¬ 
 ment of the National Constitution. During 
 these sessions of the legislature, he was chair¬ 
 man of the committee for remodelling the State 
 House. His labors were untiring in this work, 
 and to him, probably more than to any one else, 
 its successful completion is to be ascribed. 
 
 We should signally fail to do justice to the 
 public life of Judge Upham, if we should pass over 
 in silence the important service which he rendered 
 to the country, in the years of its greatest trial 
 and adversity. Difficulties between the North 
 and the South, which had been increasing for 
 some years, brought the two sections of the coun¬ 
 try into hostile collision in 1861. The storm 
 which had been gathering slowly but surely then 
 broke with terrible violence upon the nation. 
 Judge Upham had never been in sympathy with 
 the political party then in power. He had never 
 
23 
 
 acted with it. He deprecated, in some important 
 respects, its movements. He hoped that by wise 
 counsels, by moderation and continued forbear¬ 
 ance, by greater yielding, perhaps, on the part 
 of the North, the existing troubles could be set¬ 
 tled, and the terrible crisis avoided. But what¬ 
 ever might have been his views as to the general 
 principles on which the government should be 
 administered, whatever his judgment of the 
 course pursued by the dominant party towards 
 the South, when the inevitable crisis came, all 
 considerations of a personal or party nature were 
 at once laid aside. He no longer inquired how 
 we became involved in trouble, but simply how 
 we could be saved from its consequences. The 
 question with him was national, in the widest 
 and broadest sense of the word. Rising above 
 all sectional feeling, he looked upon the whole 
 country as one, bound together by natural and 
 historic- bonds, in whose continued union alone 
 prosperity in every part could be enjoyed, and 
 the nation reach the position of honor and great¬ 
 ness to which it was evidently destined by Prov¬ 
 idence. He united with wise and good men, of 
 whatever previous political views, in the solemn 
 
and momentous inquiry of the hour, How shall 
 this land of the fathers be saved from the im¬ 
 pending ruin? He took an open and decided 
 stand at once on the side of the government, in 
 the exercise of all the influence which he could 
 exert. Probably some of the measures adopted 
 by those in power did not meet his full approval. 
 It was enough for him that they were as a whole 
 wise, and the best that in the circumstances could 
 be secured. He gave them, therefore, his hearty 
 support. It is the opinion of those who are com¬ 
 petent to judge in the matter, that no man in the 
 country better understood the great controversy 
 that divided the nation, and that very few contrib¬ 
 uted more towards the final result, than Judge 
 Upham. 
 
 His addresses delivered on public occasions, 
 his letters and essays published in leading news¬ 
 papers and in pamphlet form, and distributed 
 through the country, were able discussions of 
 the points at issue, and exerted great influence 
 in the cause of the Union. His address on 
 " Rebellion, Slavery, and Peace,” delivered in 
 Concord, was afterwards published by the ” Loyal 
 League Publication Society,” in New York. It 
 
25 
 
 had a wide circulation in all the loyal States. He 
 accepted heartily the emancipation proclamation 
 of President Lincoln, both as to its expediency, 
 and its constitutionality as a war measure. Af¬ 
 ter candid and mature deliberation, he expressed 
 his opinion in regard to the continued existence 
 of slavery in the following words: w There can 
 be no reasonable assurance of a permanent peace 
 while slavery exists.” He took even stronger 
 ground in favor of its abolition than is implied in 
 these emphatic words. He held that, w if any one 
 should doubt whether slavery was necessarily the 
 death of the Union, still if he believed its exist¬ 
 ence would seriously endanger and imperil it, 
 that danger should ensure its overthrow.” 
 
 During the war he addressed a letter to Hon. 
 Gilman Marston, Representative in Congress from 
 New Hampshire, entitled " The Present Crisis,” 
 in which he discussed with candor and ability 
 the principles involved in the controversy between 
 the North and the South. It was published in 
 many of the leading Republican papers of the 
 country, and was received by the friends of the 
 Union with great favor. Those who were inti¬ 
 mate with Judge Upham during this dark period 
 
 4 
 
26 
 
 of our history, can testify to his all-absorbing 
 interest in the struggle of his country for exist¬ 
 ence* his anxiety for her welfare; his readiness 
 to perform any service, and to make any sacrifice 
 for her preservation; and his earnest prayers in 
 her behalf to Him in whose hands are the des¬ 
 tinies of nations as well as of individuals. I 
 remember well a short address which he made at 
 Dartmouth College, during the darkest days of 
 the rebellion. With more than his wonted energy 
 he spoke of the interests at stake in the terrible 
 struggle, and urged upon the Alumni of the Col¬ 
 lege who were present their obligations to the 
 country in the crisis through which we were 
 passing. He was always hopeful and assured of 
 success, whatever might be the trials which we 
 should be called to bear. He recognized in the 
 calamities which had come upon us the Hand 
 which had been signal in the early history of the 
 country; which had laid here the foundations of 
 freedom and religion; which had blessed us and 
 made us a blessing to the nations; and his faith 
 in the Cod of the fathers never failed him. 
 While that Hand was heavy upon us, he under¬ 
 stood the meaning of it, and foresaw the result. 
 
27 
 
 He saw, as his own eloquent words expressed 
 it, that "the crisis had come; that the inevitable 
 hour in the destiny of the nation had arrived 
 when we were to be put to the trial, to test the 
 appreciation of the blessings and worth of the 
 heritage of freedom our fathers had bequeathed 
 to us. ... I desire to thank Grod, that the spirit 
 of the people is not wanting to the occasion. I 
 trust we shall yet live and die together under the 
 old flag of our fathers.” 
 
 While Judge Upham was thus engaged in pro¬ 
 fessional and business life, and in the services for 
 his country to which we have referred, he had 
 tastes stronger and more characteristic than 
 those which found expression in the pursuits that 
 mainly fixed the public attention. Much as he 
 loved the law, both its study and its practice; 
 much as he was interested in profound legal 
 investigations and nice judicial discriminations; 
 earnest as he was in the pursuits of practical life, 
 in developing the great industrial interests of 
 the country,—there was beneath all this a strong 
 literary taste, a passion almost for books, which, 
 had circumstances favored, would have given a 
 different shape and direction to his life. This 
 
28 
 
 
 taste, as we have seen, was natural to him. It 
 was quite remarkable in his early youth, and was 
 a marked characteristic of his student life while 
 in college. In after years, when called to sterner 
 duties and more active pursuits, he never forsook 
 his first love. That early taste was improved 
 and gratified to an extent of which the com¬ 
 munity around him, and many who were conver¬ 
 sant with him in business relations, were little 
 aware. His leisure hours — hours saved from 
 sleep, from unprofitable society, and from unneces¬ 
 sary business — were devoted to literary pursuits. 
 There was no place which he loved so well as his 
 library. It was the only room in his house in 
 which he felt entirely at home. There, after the 
 labors of the day, he found rest of body and rest 
 of mind in communion with his favorite authors. 
 His spirit was refreshed with the rich thoughts 
 and flowing periods of the classic writers of 
 ancient and modern times. He forgot the cares 
 and anxieties of the present, in the quiet and 
 stillness of the past. He escaped, for a time, 
 from the unreasonable and troublesome men of 
 daily life, to the scholars of other times and 
 other lands. The late hours of night often 
 
29 
 
 found him in his chosen place, and at ’his self-im¬ 
 posed task. His reading was various, embracing 
 almost every field of literature, including ethics, 
 theology, and the best works on practical religion. 
 He had some acquaintance with all the literary 
 works, of any considerable merit, which were from 
 time to time issuing from the press. But while 
 his reading was broad and comprehensive in its 
 range, it was also select. There were subjects 
 to which his tastes did not particularly incline 
 him, and of which he was content to be ignorant. 
 He not only read much, but he read well. He 
 read with an object in view. Every volume that 
 passed through his hands bore evidence of his 
 careful observation. He had a great love for old 
 and rare works, and for choice editions of stand¬ 
 ard authors; and to the extent of his means 
 placed them upon the shelves of his own library. 
 If he was tempted to extravagant expenditure 
 in anything, it was in this direction. When in 
 England and upon the Continent, the objects 
 which interested him most were rare and curious 
 books and works of art; and in the larger cities 
 of our own country, the places of his frequent 
 and favorite resort were antiquarian bookstores. 
 
30 
 
 He was not only a diligent and various read¬ 
 er, but a very careful and industrious writer. 
 Writing was as much a matter of taste with him, 
 as reading. He did not write from compulsion; he 
 wrote because he loved to write. He wrote with 
 ease, and wrote much. His style as a writer was 
 chaste, pure, and manly. It was always clear and 
 forcible, and, when occasion required, eloquent. 
 The easy and graceful forms of expression in 
 which his thoughts were clothed, are evidence of 
 his culture, and of his familiar acquaintance with 
 the best writers of the language. Nothing un¬ 
 finished was allowed to pass from his hand, not 
 even an ordinary business letter. 
 
 Judge Upham was engaged for many years on 
 a literary work in which he felt great interest, 
 and to which he devoted, in the later years of his 
 life especially, most of his leisure hours. It may 
 properly be termed a w Dictionary of Thought.” 
 It is a collection of the best thoughts of authors, 
 ancient and modern, which he had collected in 
 his extensive reading, and also valuable maxims 
 which were the fruit of his own reflections. 
 These are classified according to subjects, in 
 divisions and subdivisions so minute and full, 
 
31 
 
 that anything contained in the collection can 
 easily be found. When published it will make 
 three or four large volumes. It is regarded by 
 those who have carefully examined it, as a work 
 of great merit, and one that will fill an important 
 place in literature. One whose judgment is 
 worthy of confidence, remarks respecting it: 
 " The completeness and extent of this work; 
 its admirable plan; its clear and systematic 
 arrangement; its satisfactory and exhaustive 
 character; its excellence, in whatever light viewed 
 by the critic,— are at once a wonder to the 
 reader, and a proof of the great literary attain¬ 
 ments of its author.” Among the manuscripts 
 which he left, is a metrical version of the 
 book of Job. It was prepared during the last 
 years of his life, and bears marks of extensive 
 reading on the subject of Hebrew poetry. 
 Though not designed for publication, it is 
 thought by competent judges well worthy of 
 public attention. 
 
 Judge Upham never sought occasions for 
 appearing in public; but when such occasions 
 occurred, he met them with appropriateness and 
 ability. On the 17th of June, 1835, agreeably to 
 
a resolution of the Legislature of New Hamp¬ 
 shire, Judge Upham delivered a eulogy on Lafay¬ 
 ette, the news of whose death had then lately 
 reached this country. It was an occasion, as 
 some now living will remember, of great interest. 
 A large and intelligent audience, composed of 
 the governor and council, both houses of the 
 legislature, distinguished men from different parts 
 of the State, and some from other States, assem¬ 
 bled at the North Church in Concord, to hear 
 words appropriate to the solemn event which had 
 called to mourning the friends of liberty through¬ 
 out the world. The eulogy was received with 
 great favor, and was highly appreciated by all 
 who listened to it. It was afterwards published 
 by order of the legislature. It bears marks of 
 careful preparation, and is a very able as well as 
 appropriate production. The author was judicious 
 in his selection of the important incidents in the 
 private and public life of the distinguished for¬ 
 eigner, and in presenting the prominent traits of 
 his character. It would be difficult to find else¬ 
 where so much valuable information on the life 
 and times of Lafayette, in so brief a space. The 
 eulogy was not only listened to with great interest 
 
33 
 
 by the audience, but was favorably noticed after 
 its publication. The Boston Morning w Post,” of 
 July 7, 1835, speaks of it in terms of high com¬ 
 mendation. " From a knowledge,” says the 
 writer, ” of Judge Upham’s high reputation as a 
 finished scholar, we were induced to give this 
 production a more attentive perusal than we gen¬ 
 erally find time to bestow upon those of a similar 
 character. It is worthy of being read, and re¬ 
 dounds much to the credit of the author. Cor¬ 
 rect taste, extensive research, and uncommon 
 ability are all happily combined in its pages. 
 Although it was evidently the design of its author 
 to furnish only an unvarnished history of facts, 
 yet he was occasionally carried away by the 
 sublimity of the subject, and poured forth his 
 feelings in a strain of eloquence of surpassing 
 richness and beauty.” Copies of the eulogy 
 were transmitted to the family of General Lafay¬ 
 ette. His son, George Washington Lafayette, in 
 a letter to Judge Upham, appropriately and 
 gratefully acknowledged the tribute of respect 
 so ably and gracefully paid to the memory of his 
 honored father. 
 
 In 1837, Judge Upham delivered in Concord, 
 
 5 
 
34 
 
 before the Lyceum, an address on cemeteries. He 
 had, in its preparation, an object beyond that of 
 simply meeting appropriately the demand of the 
 occasion. He wished to awaken a deeper inter¬ 
 est in the community on the subject of the appro¬ 
 priate burial of the dead. The address is charac¬ 
 terized by a careful and extensive examination of 
 the modes and places of burial of other ages and 
 countries, and of the important facts in the his¬ 
 tory of nations which bear upon the subject. In 
 style and thought, it is a model of composition. 
 His great interest in the subject discussed 
 was afterwards manifested practically, in con¬ 
 nection with his fellow-citizens, in securing and 
 preparing the beautiful grounds where his own 
 remains now repose. Many whose friends lie 
 buried there will adopt, as expressive of their 
 own feelings, the beautiful words with which he 
 closed his address on that occasion: "Hallowed 
 be the spot where lie their mortal remains. Let 
 the sod which covers them be kept green by our 
 tears; let the springing bud and the opening 
 flower show by their culture that it is fixed in 
 the memory; let its reflections and associations 
 come home to the heart, and be borne with us 
 
35 
 
 as we struggle on in our daily pathway through 
 this wilderness world. But blessed, thrice blessed, 
 be the hope that from this place of the utter pros¬ 
 tration of man’s mortal strength, he may rise 
 clothed upon with immortality; and that though 
 our earthly house of this tabernacle be dissolved, 
 there yet may remain to us a rest beyond the 
 grave, a house not made with hands, eternal 
 in the Heavens.” He also delivered an ad¬ 
 dress before the New Hampshire Historical 
 Society, on " The Progress of Civil and Religious 
 Liberty in New Hampshire, as exhibited in the 
 various changes in the form of its government, and 
 acts of its Provincial and State Legislature.” It 
 evinced careful research, and contained facts im¬ 
 portant in the history of the State. Judge 
 Upham was one of the original members of the 
 w Concord Society of Natural History,” a subject 
 in which he felt great interest. He became a 
 member of the New Hampshire Historical Society 
 in 1833, and continued a most efficient and 
 valuable member while he lived. He was three 
 years President of the Society. In 1862 
 Dartmouth College conferred upon him the 
 honorary degree of Doctor of Laws. 
 
36 
 
 Such an example of literary culture, of liberal 
 study, of broad and generous scholarship, in con¬ 
 nection with the pressing duties of professional 
 and business life, is worthy of special notice and 
 commendation. It is full of encouragement as 
 evidence, not only of what is desirable, but of 
 what is practicable also far more generally than is 
 common. Such labors in the broad field of liter¬ 
 ature, though not as complete as could be desired, 
 though often interrupted, have a most excellent 
 moral influence. They tend to restrain unrea¬ 
 sonable desires for wealth, to check unworthy 
 ambitions, to give breadth, completeness, and 
 grace to character, to enrich the mind with good 
 learning, to quicken and strengthen all its powers, 
 and make it productive of the choicest fruits. 
 
 The character of Judge Upharn as a citizen 
 is very favorably remembered in the community 
 where he spent the largest part of his life. 
 He was a resident of Concord for more than 
 forty years, and his name is intimately associ¬ 
 ated with the growth and prosperity of the 
 place during all that time. He was interested in 
 all wise measures for the public good. He was a 
 leading mind in devising methods of improvement 
 
37 
 
 and very efficient in carrying them into effect. 
 Quiet and unobtrusive in his manner, acting with 
 great wisdom and prudence, using modest words 
 and strong arguments on all proper occasions, he 
 made his influence felt to an extent of which few 
 at the time were aware. His fellow-citizens had 
 learned to place great confidence in his judg¬ 
 ment, for they knew his prudence and foresight, 
 and that his opinion on any important subject was 
 never formed without careful consideration of 
 everything that pertained to it. Hence he became 
 a pillar in the community; a man on whom others 
 could lean,— on whom they did lean more and more 
 as years passed on. This commanding position 
 was not the result of social qualities especially 
 attractive to the public, or of efforts on his part 
 to win favor. His controlling influence in the 
 community was based wholly on his superior in¬ 
 telligence and good judgment, in connection 
 with the excellence of his general character. 
 His advice was sought, because advice from him 
 was regarded as valuable. His opinions were 
 waited for and listened to, because all had learned 
 that his opinions were wise and safe. At the 
 time of his death there was, perhaps, no man in 
 
the community who inspired more general confi¬ 
 dence than he, or who was thought to be more 
 important to the interests of the town. 
 
 The influence of Judge Upham in his public and 
 private life, w~as owing in no small degree to the 
 conviction which was felt by all, that he was an 
 honest man; honest and fair, not only in the for¬ 
 mation and expression of his opinions, but honest 
 in the ordinary sense of the word, in all his deal¬ 
 ings with his fellow-men, in all his business 
 transactions of every kind. This, indeed, is a 
 tribute of no ordinary character, to pay to a man 
 in the very place where his life-work was per¬ 
 formed, and where his character was well known 
 by men of all classes, with whom he transacted 
 business. But it is a tribute which is his due, 
 and which I am happy to pay to his memory 
 as we publicly commemorate his virtues. He 
 was a man of uprightness and strict integrity, 
 a man who was true to his engagements, 
 faithful to every contract, expressed or implied, 
 doing what he regarded as right in the sight 
 of Grod and man. This is the judgment which 
 the entire community, with one consent, has 
 pronounced. "It is much to his praise,” said 
 
39 
 
 his pastor, Rev. Mr. Blake, on the Sabbath 
 after his funeral, in a discourse appropriate to 
 the occasion, w that it can be justly said of him, 
 he has completed a long life of business with all 
 classes of men, and gone down to his grave with¬ 
 out a spot upon him.” 
 
 Judge Upham was a man of great industry 
 and perseverance. He was patient of labor, 
 shrinking from no task, working usually be¬ 
 yond his strength, and carefully improving 
 every moment of time. Though his health was 
 never firm, yet with great care of himself, 
 and a wise use of his strength, he accom¬ 
 plished more than most men of a sound con¬ 
 stitution. He worked to advantage, as well as 
 industriously. He was regular and systematic 
 in all his habits of study and business. He never 
 entered upon any course of action until he had 
 thoroughly examined it. He saw all the difficul¬ 
 ties connected with it. He weighed them well. 
 He did not underrate them. He saw, too, the 
 advantages to be gained, and the true grounds 
 of success. From this habit of taking a full 
 view of a subject, and of keeping that view con¬ 
 stantly before him, he was earnest rather than 
 
40 
 
 enthusiastic. He expected to meet difficulties, 
 and was prepared for them. "When he had once 
 committed himself to an object, he was decided 
 and persevering till it was accomplished. 
 
 Early in his professional life, while in the prac¬ 
 tice of law at Bristol, Mr. Upham took an open 
 and decided stand as a Christian. In the retire¬ 
 ment of his room, and at a time of no unusual 
 religious interest in the community, he gave 
 the subject of the Christian religion his most 
 earnest attention, in its relation to his own 
 personal wants. He became fully convinced 
 of his need of a living faith in the Redeemer of 
 men. He accepted Him as his guide in life, and 
 as the ground of his hopes for eternity. He at 
 once united himself in covenant with the people 
 of Grod. On his removal to Concord, he became 
 a member of the First Congregational Church in 
 that city, and continued a member till 1837. 
 About that time, it was thought desirable, in 
 order to furnish the increasing population of the 
 place with the means of religious instruction, to 
 establish another religious society, and build 
 another house of worship. Judge Upham was 
 greatly interested in this enterprise, if not the 
 
41 
 
 leading mind in originating it. In the organiza¬ 
 tion of the South Church, he was one of the 
 original members, and one of a few leading men 
 in the society who erected their first house of 
 worship. When that was destroyed by fire, in 
 1859, he was foremost in all the measures taken 
 for building another. To his energy, perse¬ 
 verance, and wise counsels is the present con¬ 
 venient and tasteful edifice very much owing. 
 He felt and manifested, from first to last, a deep 
 interest in all that pertained to the prosperity 
 of the church and society. He contributed liber¬ 
 ally to sustain the institutions of religion, and 
 was a constant attendant on the services of the 
 sanctuary and the ordinary meetings of the 
 church. He was a careful student of the Scrip¬ 
 tures, accepting them with full confidence as the 
 inspired word of God, and a sufficient rule of 
 faith and practice. He was intelligent in the 
 doctrines of Christianity, — the great facts on 
 which rests the whole scheme of human redemp¬ 
 tion. He stood with a firm faith, with a con¬ 
 fidence never shaken, on the foundation of the 
 apostles and prophets, Jesus Christ himself being 
 
 the chief corner-stone. In theology he belonged 
 6 
 
42 
 
 to the school of Augustine, Calvin, and the early 
 fathers of New England. In church polity, he 
 was a decided Congregationalist, loving the same 
 liberty in the church of which he was ever the 
 strenuous advocate in the state. In his religious 
 life he was not demonstrative, though always 
 firm and decided in his religious opinions, and 
 consistent in his conduct. He was remarkable, 
 above most men, for his recognition of the hand 
 of God in all the events of providence, and for 
 his confidence in His wisdom and goodness, even 
 in the darkest hours of human experience. Be¬ 
 lieving, as he did, that the Gospel is the only 
 effectual remedy for human woes, the only foun¬ 
 dation for individual happiness and national pros¬ 
 perity, he was deeply interested in all wise 
 methods for extending, as widely as possible, the 
 truths of the Christian religion. He was a warm 
 friend of the missionary work in all parts of the 
 world. He was especially interested, for many 
 years, in African Colonization; and never lost 
 his interest or his confidence in this method of 
 benefiting the African race on this continent 
 and in their fatherland. He was for many years 
 President of the New Hampshire Colonization So- 
 
43 
 
 ciety, and held the office at the time of his death. 
 He was a true friend and patron of every good 
 work. The loss of such a man, when such men 
 are so much needed, cannot be estimated. 
 
 No one can fully appreciate the character of 
 Judge Upham who did not know him intimately 
 in the retirement of home, in his more private 
 social and domestic relations. He was a man of 
 deep and strong affections, of warm and tender 
 sensibilities. He was very strongly attached to 
 his relatives and near friends. He loved with a 
 tenderness and devotion very remarkable, the 
 parents, the brothers and sisters who composed 
 the family of his childhood and youth. He fol¬ 
 lowed with affection and pride the success of 
 those who began life with him in that early home. 
 He rejoiced in the honors conferred upon them 
 in after life,— more, even, than if they had been 
 conferred upon himself. As one after another 
 of them fell in the race of life before him, he 
 mourned deeply their loss, and most tenderly 
 cherished their memory, while his heart clung 
 to those who remained, and who have survived 
 him, with a still warmer love than before. The 
 same kind, gentle, and affectionate spirit was 
 
44 
 
 the light ancl joy of his own household, of 
 the home of his maturer years. The cares and 
 perplexities of business were not allowed to in¬ 
 trude into the place sacred to quiet and repose, to 
 domestic love and friendship. He was happy in 
 his home, and he made his home happy. Many 
 are the friends of the family who will long re¬ 
 member the pleasant smile with which he 
 welcomed them to his house, his kind words, and 
 many acts of courtesy by which he showed his 
 regard for them; how heartily and fully he gave 
 himself up to their enjoyment; how freely and 
 without reserve he conversed on all subjects, 
 the minor topics of the day, as well as those 
 which pertained to more important interests. 
 In all such intercourse he was frank, modest, and 
 carefully attentive in all respects to the happiness 
 of his friends. But however free and apparently 
 unguarded in his conversation, he never indulged 
 in ungenerous remarks of others. There was 
 nothing harsh or severe in his nature to prompt 
 the bitter remark or unkind judgment. He loved 
 the society of the young. He entered into their 
 feelings as fully, apparently, as though he were 
 of their age. He contributed to their enjoyment 
 
45 
 
 by humorous and playful remarks, as well as to 
 their instruction b}" his grayer discourse. 
 
 In 18(37, Rev. W. F. V. Bartlett, now Pro¬ 
 fessor in Oakland College, Miss., spent some 
 months in the family of Judge Upham. In a 
 letter written since his decease to Mrs. Upham, he 
 says: w I had not quite realized till my visit to you 
 that my noble and venerated friend was indeed 
 withdrawn to the better world. I needed to go 
 where I had known him so well, been brought 
 into such familiar, loving contact with him, and 
 there miss his step, his voice, and his smile, miss 
 him in his study and the drawing-room and at 
 the table, in all that dignity and charm which he 
 threw around the family circle, to realize that he 
 was gone. I think no one can know how great 
 and good he was, who had not seen him in the 
 freedom and intercourse of the home circle. It 
 was there that he laid aside that barrier of reserve 
 and inflexible dignity in which he seemed to be 
 encased in public, and showed a heart as simple 
 as a child’s, and as pure and delicate as a woman’s. 
 How often have I seen his countenance — I see 
 it now — beaming with the light and sweetness 
 of love, as I remember him the winter I spent 
 
46 
 
 with you. He seemed to be invariably cheer¬ 
 ful, invariably thoughtful, affectionate, tender 
 towards those around him, never throwing away 
 among strangers, but reserving for his own fire¬ 
 side his most genial words.” 
 
 Judge Upham was twice married. His first wife 
 was Miss Betsey W. Lord, daughter of Nathaniel 
 Lord, of Kennebunkport, Me. She died in Concord 
 on the 17th of August, 1833, aged twenty-three 
 years. The two children of this marriage survive, 
 — Mrs. Elizabeth L. "Walker, wife of Joseph B. 
 "Walker, Esq., of Concord, and Rev. Nathaniel L. 
 Upham, of New Jersey. His second wife, who now 
 survives him, is the daughter of Rev. Abraham 
 Burnham, D.D., pastor for more than forty years 
 of the Congregational Church in Pembroke, N. 
 H. The children of this marriage have both 
 passed away; one, an infant daughter, died in 
 1814; the other, Francis A. Upham, died in Al¬ 
 toona, Pa., April 3, 1867, aged twenty-nine years. 
 
 -The most useful and honored life must, at 
 length, come to an end. Near the close of the 
 year 1869, Judge Upham left his home early in 
 the morning for Boston, to transact some impor¬ 
 tant business. For some time previous he had 
 
47 
 
 been uncommonly well, but on that morning he 
 was not in his usual health, though of this he said 
 nothing at the time. Before he reached Boston 
 he was quite ill. He transacted his business with 
 difficulty, and returned to his home on the evening 
 of the same day. He immediately took his bed 
 and never rose from it again. His family physi¬ 
 cian was called during the night; all was done for 
 him that medical skill could suggest, but in vain. 
 He died on Saturday, December 11, at the age of 
 sixty-eight years. 
 
 His funeral took place on the next Wednes¬ 
 day at his late residence, and was attended by 
 a large number of the citizens of the place, 
 and by many friends and acquaintances from 
 abroad. After the funeral services, which were 
 simple and impressive, he was carried by his 
 neighbors and friends to his final resting-place, 
 and laid by the side of those whom he loved so 
 well in life, and whose early death he had so 
 deeply mourned. There with them shall he lie 
 till the heavens be no more. But though dead, he 
 lives still, not only in the higher life of that blessed 
 and immortal existence on which he has entered, 
 but he lives still, in the place and amid the scenes 
 
48 
 
 where in this mortal life he acted his part so well. 
 The influence of a life so pure and so useful can 
 never die. Though we see not again his manly 
 form in the streets and places of business, nor 
 hear again his voice of wisdom and friendship, 
 the friends who survive him will affectionately 
 cherish his memory while they live; and for long 
 years to come his name will be honored in the 
 place he loved so well, and for whose prosperity 
 he did so much. 
 
49 
 
 . EXTRACTS FROM A SERMOX 
 
 Preached by Rev. S. L. Blake, Pastor of the South Church, Concord, 
 N. H., from the text, “I was dumb, I opened not my 
 mouth; because Thou didst it.” — Psalms 39 : 9. 
 
 At one o’clock on Saturday, December 11, 1869, the death 
 of Hon. N. G. Upham, before his illness even was generally 
 known, closed a life of constant toil; and another was added 
 to the representatives of this church at the tribunal above. The 
 swiftly descending stroke, selecting a conspicuous and shining 
 mark, silences every tongue ; for God has done it. How well 
 the poet sang, u Death loves a shining mark,” and how forcibly 
 does this providence illustrate the truth of the poet’s words. 
 On such an occasion our chastened spirits resort to the Psalm¬ 
 ist for language with which fitly to express themselves, and we 
 can say no more than this, u We were dumb, we opened not our 
 mouths ; because Thou didst it.” The blow that fell into this 
 city on the 11th of December, like a quick, sharp thunder-bolt, 
 making men gasp by the shock, paralyzed every tongue, and we 
 could say nothing. Our only resort is to bow submissively to 
 the inscrutable will of God; our only relief is in His infinite 
 wisdom and goodness, without whom not even a sparrow falls to 
 the ground. 
 
 We feel that it is well for us to stop to do justice to the 
 memory of one who, though of retiring nature, by very force 
 of his intrinsic worth, filled so large a place of usefulness in 
 the nation, in the State, in the community, and in the church. 
 
 Although Judge Upham had been for some time in feeble 
 health, and we looked upon him and feared that God would 
 have need of him and take him from us, yet, for the last few 
 weeks previous to his death, he had been unusually well. 
 Not a sign of his approaching dissolution showed itself. 
 He had been laboring with his accustomed vigor and zeal, 
 
 7 
 
50 
 
 in maturing certain plans lie had in mind, for the welfare 
 of the church he loved, and in completing certain labors to 
 which he had devoted his leisure moments for a long series,of 
 years. 
 
 On the evening of Tuesday previous to his death, he came 
 from his study into his sitting-room, with his hands full of 
 manuscripts, and remarked that he had done a good day’s work. 
 On Wednesday, he went to Boston, to preside at a business 
 meeting. While on the way he felt premonitions of sickness. 
 He was taken quite ill during the session, but rallied suffi¬ 
 ciently to return to Concord Wednesday night unattended. 
 During the night, his symptoms were so alarming that a physi¬ 
 cian was called. He very soon sank into a stupor, from which 
 he was never fully aroused. His pulse increased in rapidity 
 as if his life were racing itself away, until his exhausted 
 system yielded, and he lived no longer but in memory. 
 
 The poet says, “ That life is long which answers life’s great 
 end.” 
 
 That is not always the longest life which is measured by the 
 greatest number of years. What has been accomplished, justly 
 enters more largely into the computation That life is long 
 in morals and virtue, and every sphere of usefulness, which 
 bears abundant fruit to crown its days though few. The life of 
 man is not a question of years. Lapse of time may not in¬ 
 crease vitality. Men who have done a great work, felt it 
 as a fire in their bones. They went forth to their missions 
 under the inspiration of their work, straitened till it was 
 accomplished. The longest and best life is one which thus ac¬ 
 curately keeps the measure of its accomplished tasks, and 
 daily sums them up and closes the books, ready to begin an 
 unwritten page on the morrow. We stop to respect the mem¬ 
 ory of such a life, even though it close at midday; but we 
 turn carelessly from the grave of the hoary idler. 
 
 There is a thought to be added to this: that life, though 
 short, is by far longer than years can measure, which no 
 
51 
 
 only fills up its days with its allotted tasks, but also does so 
 unselfishly. We do not, and we cannot, n any broad and 
 generous sense, live unto ourselves. In a greater or less de¬ 
 gree, every man is neighbor to him who labors with open hands 
 and heart. Every magnanimously active life, not wrapped up 
 within itself, measured by something broader than itself, — 
 that generous spirit which looks with brotherly interest upon 
 every man, — is confined within no geographical limits. A 
 great soul cannot stay burrowed in itself. Its greatness 
 drives it out of itself, and, by its influence, cheers many 
 hearts. The influence begun here is projected upon eternity 
 in every one who has felt it. 
 
 It seems to us that the fact to be especially noticed in this 
 respect, in relation to the life of Judge Upham, is, not that he 
 merely filled up the measure of threescore years and ten, but 
 that his life was long because it was useful, — for this reason 
 infinitely longer than its years. It is certainly true, that the 
 sphere in which he moved was wide ; and especially true, that 
 he performed offices whose good results others are still reaping. 
 We think, also, that he was a man who measured duties, and 
 diligently discharged them as best he could. He strove 
 to make every day count in the summing up of the acts of his 
 life ; and therefore he has closed a career which is far longer 
 than his years. 
 
 It is refreshing to believe that one who has been in positions 
 of such prominence as have been filled by our honored friend, 
 was actuated by a Christian spirit, there are so few worthy 
 men in places of public trust to-day. Public men are not all 
 honest and sincere, partly because they do not respect, even 
 much less cultivate, a spirit of self-denial, which is the child of 
 earnest piety When one such man comes to places of trust, 
 we feel that we need him and cannot spare him. 
 
 Judge Upham may have been too retiring in his Christian 
 character to do himself justice ; but he had such a character. 
 It was positive and pronounced, and would not compromise 
 
52 
 
 *one jot nor one tittle of what he believed to be right and the 
 truth. It is much in his praise that it can justly be said of 
 him, he has completed a long life of business, in contact with 
 men of every character, and gone dowm to his grave without 
 a spot upon him. He was actuated by motives too purely and 
 sincerely Christian, to be morally capable of narrow selfish¬ 
 ness. And therefore we think he was ready for the Master who 
 came to him as a thief in the night. His impulses were 
 too generous to allow him to neglect this momentous question. 
 He had breadth of view enough to see that this towers infi¬ 
 nitely above all questions of a temporal nature. In this, 
 we can but say he is a fit example for the men of business 
 who know him, with whom he was associated. In his Christian 
 and public career, Judge Upham won many friends to weep at 
 his grave. 
 
 One who knew him well, in speaking of his death in con¬ 
 nection with that of other distinguished men during the past 
 six months, said: “No one of the deceased exerted a more 
 salutary influence than Judge Upham, and the departure of no 
 one is the cause of more general regret/’ 
 
 At an early age he manifested an unusual aptitude for books. 
 He entered Dartmouth College in 1816, at the age of fifteen, 
 and graduated in 1820. He took fine rank as a scholar, and 
 during his course evinced those literary tastes of high and 
 critical order, for which he was ever more distinguished than 
 people were generally aware. 
 
 His Alma Mater showed her appreciation of her honored 
 son by conferring upon him, in 1862, one of the highest degrees 
 in her gift, — that of LL.D. 
 
 Judge Upham was a man of fine literary taste, and devoted 
 the hours of his leisure to solid reading, and literary and his¬ 
 torical research. Whoever has examined his library — a 
 choice collection of rare works — will bear us witness that 
 this is not mere eulogium, but simple truth. He had traversed 
 well the field of literature, and was familiar with the lead- 
 
53 
 
 ing authors. His knowledge of them was critical. It was 
 not his habit to glide over the surface, but to go deep enough 
 to find the pearls, if there were any. We find passages 
 from many works which he read, which were seized by his 
 practised mind, and indicated by a mark from the ready 
 pencil. A copy of Matthew Henry’s commentary, we were 
 surprised to know, was filled with these way-marks of his 
 thoughts. It is a proof of his diligence as a student, and 
 his evident taste for literary pursuits, that he found time, amid 
 the engrossing cares of professional life, to make such extended 
 and varied investigations outside the line of his business and 
 profession. He was enabled to do this, partly because his 
 habits of study were methodical. His mind was like the 
 reaper, that completes his work as he proceeds, and lays 
 every bundle of gathered grain in its place. He did not ram¬ 
 ble, but travelled laboriously, if we may use the figure. His 
 literary taste was critical, almost to a fault. What would 
 satisfy many minds would appear to his to contain errors. He 
 never would leave a sentence 'until it was polished to the 
 utmost. A literary work upon which he had long been en¬ 
 gaged, had been subjected to many severe revisions at his 
 hands, which most would have thought unnecessary. Besides 
 being methodical, he was a man of great persistence,—a quality 
 which he inherited from his father. He exhibited this in every 
 work to which he put his hands. He was not accustomed to 
 know such a word as defeat. He had an intelligent knowledge 
 of the doctrines of the Scriptures beyond that of most men; 
 his opinions of sermons and his views of preaching were those 
 of a man who knew, and hence were always valuable. Ilis 
 knowledge of law and the principles of international law, is 
 sufficiently evinced by the positions he was called to occupy. 
 There is hardly an exigency in which Judge Upham’s advice 
 has not been sought by individuals, societies, the State, the 
 nation; and it has usually been found safe to follow the 
 suggestions of his wisdom. Said one, who could speak from 
 
54 
 
 knowledge, “ He was one of those strong men, whose council 
 it is never safe to disregard, and who, without an effort, obtain 
 a deep hold upon the community in which they dwell.” The 
 breadth and accuracy of his knowledge eminently fitted him 
 to be a wise and judicious counsellor. 
 
 It is proof of his persistency as a student, that he occupied 
 his leisure moments, for more than forty years, in preparing a 
 work which he left, nearly ready for the press. The last labor 
 he did at home, was upon this volume, Tuesday evening before 
 his death. It is a collection of rare proverbs or maxims, 
 gathered from every possible source, requiring unusual research 
 and patience. 
 
 Author after author had to be consulted with critical care. 
 This was his great life-work, lying outside the usual routine 
 of business. In all his researches he kept this object steadily 
 in view. The arrangement of the book into topics and divi¬ 
 sions and subdivisions, shows a methodical and careful mind. 
 It is interesting to notice that in Judge Upham’s definition of 
 a proverb, a religious or moral thought enters largely. 
 
 He says : u I define a Proverb to be,— A brief, pointed soy- 
 ing , illustration , or simile , designed as a general rule of conduct , 
 or instruction approved and, of ten repeated by the people.” He 
 continues, “I am aware that this definition differs materially 
 from that of distinguished writers on the subject, but it is 
 given after much reflection, and I believe is the only proper 
 definition of a Proverb. It attaches to them at once a fixed 
 and elevated character, and renders them as choice perfected 
 rules of conduct of investigation and inquiry.” He says, 
 “ Proverbs are often highly figurative and poetical, conveying 
 their moral like a condensed fable. . . . Their aim is, at all 
 times, to give lessons of life.” 
 
 At the time of the death of his son, the work upon this vol¬ 
 ume was for a time suspended. The interval was not a season 
 of idleness. Homer and Dante, and many other poems, had 
 been translated into English. Judge Upham conceived the 
 
55 
 
 idea that Job might be translated into attractive English verse ; 
 and he did it. His work received the commendations of dis¬ 
 tinguished scholars. In its preface he has spoken of Hebrew 
 poetry with a knowledge of the genius and spirit of the lan¬ 
 guage that surprised us. 
 
 Owing to his retiring nature, his rare qualities of head and 
 heart were known only to those most intimately acquainted 
 with him. Said a friend, on the day of his burial, “ To know 
 Judge Upham, one needed to know him intimately.” And 
 yet, there were times when his qualities shone like burnished 
 gold 
 
 The loss sustained by Judge Upham’s death is wider than 
 any section The services he rendered this government make 
 his death a serious loss to this country. 
 
 Add to the labor which he performed in London, in adjust¬ 
 ing claims involving millions of dollars, the work which he did 
 for this government in 1862, at Washington, in adjusting sim¬ 
 ilar claims between us and New Granada, — the unanimous 
 verdict will be that his death is a loss to this country. 
 
 It is a loss to this State and to this community, for like rea¬ 
 sons. He has served too long and well, and in capacities too 
 public, to have his death a matter of indifference to those for 
 whom he labored, or to have it looked upon as an ordinary 
 event. It is not that a commanding form will be seen no more 
 in our midst, but that a wholesome, generous, and positive 
 influence is removed. He was one of those men whom w r e 
 cannot afford to lose. He was wanted wherever a soul needed 
 to feel the throbbings of a noble spirit. 
 
 His death is a loss to this society. He was one of the sixty- 
 seven members who colonized in 1837, from the North Church, 
 to form this. He was one of the thirty who signed the rules 
 and by-law r s of the South society, on the first of April, 1835, 
 and his name was prominent among those who were con¬ 
 cerned in its formation. He was one of seven who were 
 united in constructing the first house of worship, in a time of 
 
56 
 
 financial trouble that tried men’s souls. In all the trying times 
 through which this society has passed from the first, until now, 
 Judge Upham has been to it a tower of strength. When the 
 old house was burned, his voice was heard in the counsels 
 which resulted in the new. His wisdom and foresight were al¬ 
 most prophetic, detecting possible contingencies, and making 
 ample and legal provision for them. His judgments and wis¬ 
 dom were as beacon-lights, — safe to follow. The interests of 
 this society were near his heart; and he had the satisfaction of 
 seeing it grow up from small beginnings to what it is now, 
 through his efforts, in co-operation with others. It is a hard 
 blow to us to lose him. May the Lord in wisdom strengthen 
 us to take up the burden he has laid down. 
 
 His death is a loss to his family. But no curious hand may 
 presume to lift the veil to pry into the sacred secrets of this 
 sorrow. We can only commend them in their grief to Him in 
 whom all fulness dwells. 
 
 His death is a loss to this church in particular. In early 
 manhood he became a Christian. It is said, the first his friends 
 knew of his religious experiences, his elder brother heard him 
 offering a prayer in a prayer-meeting in Bristol. When he re¬ 
 moved to Concord, in 1829, he brought a letter to the North 
 Church. In 1837, he was one to help form the South Church. 
 He walked in its fellowship nearly thirty-three years. His 
 religious life was not demonstrative. It did not express itself 
 so much in fitful spasms as in a calm and steady progress. 
 His Christian character left no doubts as to its genuineness in 
 the minds of those wdio knew him. It showed itself in the 
 lively interest with which he talked upon religious themes and 
 matters relating to the interests of the church; in his love for 
 and study of the Scriptures, of whose doctrines he had an un¬ 
 usually clear and intelligent conception ; in his intelligent con¬ 
 fidence in the providences of G-od, and readiness to see the 
 love that moved an afflicting hand, so that he was enabled with 
 resignation to look up and kiss the rod that smote him; in his 
 
57 
 
 interest in the public services of religion manifested by his 
 presence and respectful and undivided attention, so much so, 
 that if Judge Upham was away, every one knew there was 
 cause; and in his warm friendship for his pastor. We shall 
 miss him as much as you will, from his accustomed place. 
 
 The life of Judge Upham is an example of what may be ac¬ 
 complished by an undivided purpose and indomitable persever¬ 
 ance, in the face of serious obstacles. It was unquestionably 
 a great help to him, as it is to any man, to have some great 
 work lying at hand to occupy leisure moments. It requires 
 courage, and Judge Upham possessed it. Besides, he labored 
 a large part of his life under the restraints of ill health. The 
 labor which he required of himself nerved him constantly for 
 his tasks, and kept his mind fresh and vigorous as youth. His 
 thoughts did not grow old. 
 
 His religious life is worthy of imitation. The engrossing 
 cares of his profession did not hinder him from attending, in 
 the outset of his career, to the more important business of 
 salvation. As these cares multiplied, they did not hinder him 
 from seeking growth in grace, nor from making himself fami¬ 
 liar with the word of God, and its proper interpretation. We 
 think his sincere devotion to the will of God was one of the 
 elements of his true greatness. He has left a lesson worthy 
 to be learned by all men engrossed with the cares of life. He 
 is among the many who are proofs that the truest nobility of 
 heart and mind lies in singleness of purpose and sincerity 
 of aim, guided by a will that bows to the authority of God. 
 
 Judge Upham’s life illustrates the fact that we may be mak¬ 
 ing impressions which will be lasting, when we least suspect 
 it. It is not noise that does most; but silent, honest, diligent 
 labor. The forces in nature that are lifting mountains, 
 shaking the earth, demolishing towns, clothing the fields 
 with verdure, and filling our granaries, are silent and unseen. 
 But we none the less enjoy their fruits, or feel their startling 
 
 8 
 
58 
 
 effects. A sincere and generous life, though quiet, seldom 
 thrusting itself into prominence, is like these forces. 
 
 It is also cheering to consider that while for over thirty years 
 he has been a blessing to this church, this church has been a 
 blessing to him, and as a school in which he has been trained 
 for the church above. He has been all this time ripening for 
 Heaven by influences which we all throw around each other, 
 and which are thrown around us all. He was ready, and God 
 took him from the church militant to the church triumphant. 
 
 The memories which such lives leave behind them are im¬ 
 perishable. Men accumulate millions, and seek to perpetuate 
 the memory of their names, by castings of bronze,—but they 
 will be forgotten, and their monuments crumble; while the 
 fragrance of a holy life will remain, and distribute itself to re¬ 
 motest generations. The duration of such memories can be 
 measured only by eternity. 
 
 The curtain has dropped to hide the scenes of another life, 
 which has gone to fulfil its higher destiny, and act its nobler 
 part in eternity. At the last moment the eye that had been 
 dimmed by disease, sparkled with unwonted brilliancy, and the 
 face glowed with a heavenly light. It seemed like a ray from 
 out the eternal glory; and when it was taken back, the soul 
 went with it, to see the fulness of the vision that irradiated 
 it in its last earthly moment. May the great Head of the 
 Church stimulate us to greater diligence in His service, that it 
 may be said of us, as of him who has gone, Blessed are the 
 dead which die in the Lord . 
 

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