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 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
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 ♦*%^ . 
 
 
 -4 »V # . '
 
 LIFE 
 
 OF 
 
 WILLIAM M. RICHARDSON, LL. D., 
 
 LATE CHIEF JUSTICE OP THE SUPERIOR CODRT_IN 
 
 NEW HAMPSHIRE, 
 
 "To birth or office, no respect be paid. 
 Let worLli determine here." 
 
 CONCORD: 
 
 ISRAEL S. BOYD AND WILLIAM WHITE. 
 1839.
 
 K 
 
 TO THE READER. 
 
 It is with some pleasure that the author of this 
 volume presents to the public a memoir of one of 
 the most distinguished sons of New Hampshire. 
 Several gentlemen have furnished their generous 
 assistance to the writer in collecting the materials 
 for this work, and these he might name, were it 
 deemed advisable. 
 
 He would particularly acknowledge his obliga- 
 tions to Hon. Joel Parker of Keene, and Rev. 
 Jonathan Clement of Chester, for several para- 
 graphs which he has quoted from their * Charge' 
 and * Discourse.' 
 
 -^ iTiV-^i r^ iT- .■ > ^
 
 IV. TO THE READEU. 
 
 The example set us by Judge Richardson can- 
 not be too strongly recommended. There is no 
 man in the State who cannot profit by it. 
 
 It has been designed in the present narrative to 
 exhibit a concise account of the principal events 
 in the life of Chief Justice Richardson. How 
 well the author has succeeded in his undertaking, 
 will appear upon the perusal. 
 Slarch 39, 1839.
 
 CONTENTS. 
 
 CHAPTER I. 
 
 Introductory remarks — genius — industry — ^nnealogy of Judge 
 R. — his birth' — accident — its effects — commences study — enters 
 university — limited advantages — his standing — graduates — en- 
 gages as teacher in Leicester Academy — ill health — relinquishes 
 his employment — takes charge of GrotOii .^ cademy — Judge Dana 
 —his reputation — the profession — Mr. R's choice^admission 
 to the bar — success — a retrospect. 9 
 
 CHAPTER H. 
 
 Commencement of Mr. R.'s political life — election to congress 
 — merchant's bonds question — Mr. R.'s views — his speech — ex- 
 tracts — the conclusions-distaste for politics — re-election and 
 resignation — removal to Portsmouth — success there — appoint- 
 ment to the Chief Justiceship — causes of this — "N. H. Reports" 
 —first year. 23 
 
 CHAPTER HI. 
 
 Dartmouth college controversy — distressing sickness — resi- 
 dence in Chester — atheneum — Chester Lyceum. 35 
 
 CHAPTER IV. 
 
 Judge Pv's uniform liberality — chosen member of committee — 
 questions proposed to him — their importance — his reply — his 
 accomplishments — taste for poetry — hasty efforts — their merit — 
 his fondness for poetry — " to the witch hazel"— Judge R's taste 
 for music — his own skill. 48
 
 Tl. CONTENTS, 
 
 CHAPTER V. 
 
 Judge R.'s industry — ^benefits of it — his excuse for it— Rev. 
 Mr. Clement's discourse — extract — "N. H. Reports " — accuracy 
 of those made out by Judge R. — reasons for this — punctuality— 
 his humor — advantages — his judgment — anecdote — " Sleeping 
 Congregation " — treatise on wit — knowledge of botany' — miner- 
 alogy — his economy— generosity. 57 
 
 CHAPTER VI. 
 
 Character in private life — domestic relations — "the kiss of 
 wedded love " — friend to the poor— supporter of religious insti- 
 tutions — attention to horticulture — anecdoles — last sickness- 
 death — remarks of Rev. Mr. Clement. OS 
 
 CHAPTER VH. 
 
 Meeting of the Merrimack Bar — their proceedings — com- 
 mittee and resolutions — votes — Mr. Bartlett's address — resolu- 
 tions presented — Judge Upham's reply — adjournment of the 
 Court — truth of the remarks of both gentlemen. 73 
 
 CHAPTER VHI. 
 
 C. J. R's personal appearance — his stature — form — counten- 
 ance — conversation — public speeches — taste for literary pursuits 
 —knowledge — writings — official capacity — hastiness in forming 
 opinions — Judge Parker's Charge — extract — Judge R's wonder- 
 ful popularity — intuitive knowledge of character — conclusion. 
 
 83
 
 LIFE 
 
 OF 
 
 WILLIAM M. RICHARDSON 
 
 CHAPTER I. 
 
 No employment can be more"grateful to the 
 philanthropist, than to trace the gradual devel- 
 opment of the powers of the human mind, and 
 accompany youth and inexperience to maturity 
 and wisdom. It is pleasant to view in him who 
 was but just now a mere lad, the accomplished 
 scholar, the finished statesman, or the eminent 
 jurist. This is at once amusement and instruc- 
 tion ; since nothing is calculated to afford higher 
 gratification than a perusal of the recorded acts 
 of departed genius, nor any warning more ef- 
 fectual than the salutary admonitions of expe- 
 rience. 
 
 2
 
 10 LIFE OF WM. M. RICHARDSON. 
 
 The aim of the reader of biography should 
 therefore be, to derive advantage from the in- 
 formation contained therein, rather than its style 
 of composition. Perhaps the perusal of the 
 following memoir may enlighten some, at least, 
 of the inhabitants of New Hampshire, in regard 
 to the life and character of its subject ; although 
 he has been too long known, and his worth too 
 rightly appreciated, to allow room for hope that 
 much can be said of him, which would be to 
 them either novel or interesting. 
 
 But the citizens of other states, in whose 
 hands this volume may chance to fall, and who 
 perhaps may not have possessed means to in- 
 form themselves respecting him, may reap some 
 benefit from learning his origin, and the partic- 
 ulars of his steady ascent from comparative ob- 
 scurity to a most enviable celebrity. 
 
 It is a true saying that " a man can be almost 
 any thing he wishes." Giant intellects, and su- 
 perior abilities are bestowed upon few, but these 
 seem to have intuitive knowledge of things for 
 which others are obliged to labor most severely
 
 LIFE OF WM. M. RICHARDSON. 11 
 
 and assiduously. Yet this genius, unless ac- 
 companied by diligence, is in great danger of 
 being reduced below the level of common minds. 
 Such combinations rarely occur in the propor- 
 tion we could wish. But we rejoice to say that 
 it is not our disagreeable duty to recount the 
 actions of an intellect suffered to rust from dis- 
 use. 
 
 Judge Richardson's mind never was at rest. 
 Its powers were various, but always in action. 
 His works and decisions will ever remain, the 
 splendid monuments of his industry, talent and 
 integrity. His youth was not passed in scenes 
 of dissipation and riot, but in innocent, healthy 
 labor. His genius never could have wasted it- 
 self in the monotonous occupation of the farm- 
 er — it stood pre-eminent, and elevated its pos- 
 sessor to the most responsible office in the dis- 
 posal of his fellow citizens. 
 
 Talent is not alone the fruit of rank and af- 
 fluence ; it lurks as often in the rustic, simple 
 plough-boy, as the most opulent nobleman of 
 the land. Genius hes hidden ^n our mountains,
 
 12 LIFE OF WM. M. RICHARDSON. 
 
 and in our valleys ; and ever will remain conceal- 
 ed, till the light of education shall dispel the 
 darkness of ignorance on the highest peak of 
 the one, and in the lowest recess of the other. 
 
 Much has been done in America, and partic- 
 ularly in New England, to render the acquisition 
 of knowledge more universal. May the cause 
 be prospered, until every person, however 
 humble his situation in life, can enjoy an ade- 
 quate opportunity for acquiring literally, a good 
 education. 
 
 The life of Chief Justice Richardson is so 
 closely interwoven with the judiciary proceed- 
 ings of New Hampshire, for the last twenty 
 years, that much about those must be mention- 
 ed, to render our biography intelligible. As Ut- 
 ile, however, will be introduced foreign to the 
 subject as possible. 
 
 Josiah Richardson, the earliest ancestor of 
 Chief Justice Richardson, of whom any defi- 
 nite information has been transmitted, was born 
 at Chelmsford, Mass. in the year 1635. He 
 was a man of some distinction, if we may judge
 
 LIFE OF \VM. M. RICHARDSON. 13 
 
 from the number of offices he sustained. He 
 was a captain of militia, — town clerk for the 
 space of three years, and representative to the 
 Legislature fourteen. 
 
 He was admitted freeman in 1664. He died 
 at the age of sixty, leaving several children, one 
 of whom, called William, had a son, in 1701, 
 whose name we have been unable to ascertain. 
 This son, at the age of twenty-one years, pur- 
 chased a farm in Pelham, N. H. which has ever 
 since been in the possession of the family. The 
 late captain Richardson, the Chief Justice's fa- 
 ther, was this gentleman's grandson. The whole 
 family from Josiah downwards, were farmers, in 
 good circumstances and respectable ; captain 
 Richardson was a soldier of the Revolution. 
 
 William Merchant Richardson was born at 
 Pelham, Jan. 4, 1774. 
 
 He was employed in farming until he arrived 
 to the age of about fifteen years, when he re- 
 ceived a severe injury on one of his hands. 
 There is oftentimes a point in the fortunes of 
 
 men, that when reached, leads us to pause, and 
 
 2*
 
 14 LIFE OF WM. M. RICHARDSON. 
 
 consider which path shall afterward be pursued. 
 The decision of this hour seems of more im- 
 portance than any other period of our lives. 
 That point had been attained: an incident shap- 
 ed his future course of hfe, and the inclination 
 that was given to his mind by this trivial cir- 
 cumstance was perhaps a remote cause of his 
 subsequent greatness. 
 
 Had this accident not occurred, without doubt 
 he would have spent his entire life in following 
 the plough — we cannot think as an ordinary 
 husbandman — but probably as one of the supe- 
 rior order of farmers. But the state of the 
 wound incapacitated him for active exertion, for 
 some time, atleast ; and it was thought by some, 
 that he would never again entirely recover the use 
 of his hand. He accordingly devoted his time to 
 study, with a view to fit himself for obtaining a 
 livelihood by a profession ; and being desirous of 
 perfecting his education, commenced with ardor 
 the reading of the classics. He improved rap- 
 idly, and was in a short time prepared to enter 
 Harvard University, at Cambridge, Mass.
 
 LIFE OF WM. M. RICHARDSON. 15 
 
 Young men of the present day, who enjoy 
 the vakiable advantages within the reach of all, 
 and who are ■ willing to deny themselves in a 
 small degree, can scarcely form a correct con- 
 ception of the difficulties with which persons, 
 at that period wishing to attain an education, 
 were forced to contend. Not only persevering 
 industry and untiring exertions were requisite 
 for this great desidei'atum, but also a vast 
 amount of labor was absolutely necessary for 
 the purpose of procuring means for prosecu- 
 ting study. 
 
 But few youth of this age would feel them- 
 selves " in duty bound" to submit to all the 
 privations that men then endured with cheer- 
 fulness, for the much desired end of receiving 
 the benefits of a collegiate course of instruction. 
 
 He soon distinguished himself at the univer- 
 sity, for his application, and was'esteemed for his 
 correct moral habits and amiable temper. He 
 maintained throughout a high standing as a 
 scholar, and graduated in 1797. He was re- 
 markable for his fondness of poetry, and taste
 
 16 LIFE or WM. M. RICHARDSON. 
 
 for literary pursuits ; and indeed was no 
 mean proficient in tiie poetic art himself, if we 
 may infer as much from the fact of his receiv- 
 ing the appointment to deliver the English po- 
 em, on the occasion of his graduation. 
 
 After leaving his Alma mater, he was proba- 
 bly undecided what profession to enter, and 
 wishing to review his past studies, obtained the 
 situation of teacher in the Academy at Leices- 
 ter, Mass. He continued there but a short 
 time, on account of the delicate state of his 
 health. Anxious to be successful in his avoca- 
 tion, and eager for his own improvement, he 
 over-exerted himself, and in consequence was 
 obliged to retire from the employment. He 
 proceeded to Pelham, and remained a brief pe- 
 riod with his father, when he again began to 
 ■ look about him for a situation, as he had in a 
 great measure, recovered his usual tone of 
 health. He was next engaged as preceptor of 
 Groton Academy, and whilst thus occupied, 
 gained the acquaintance of Judge Samuel 
 Dana. This gentleman was a lawyer, quite dis-
 
 LIFE OF WM. M. RICHARDSON. 17 
 
 tinguished in the town where he resided, both 
 for his probity in managing, and his skill in ar- 
 guing causes. 
 
 Although deprived of the benefits of a colle- 
 giate education, he had yet so well improved the 
 opportunities afforded him, as to have amassed 
 a considerable stock of general information. 
 Commencing the study of the law in his fa- 
 ther's office, he was admitted to practice, at the 
 early age of about twenty-one years. He was 
 chosen member of Congress, and Chief Justice 
 of the Circuit Court ; and both these offices he 
 filled with commendable ability and complete 
 satisfaction. 
 
 His mind was energetic, and his conceptions 
 strong. His genius was of that description, 
 which, with whatever subject it grapples, has 
 the faculty of contending with giant force and 
 unwearied diligence. With a person of such 
 quaUfications Mr. Richardson would naturally 
 seek an acquaintance ; and in a short period, 
 the idea of entering Judge Dana's office as stu- 
 dent, suggested itself to his mind.
 
 18 LIFE OF WM. M. RICHARDSON. 
 
 Various have been the opinions respecting 
 the most politic course in the choice of a pro- 
 fession. In this particular instance, we are in- 
 clined to think with the subject of our memoir, 
 that the law is liable to as few objections as any 
 other. Especially was it to be preferred at the 
 time Mr. Richardson's determination was made, 
 both on account of his pecuniary circumstances, 
 and his enfeebled constitution. The profession 
 of medicine could hardly be pursued with suc- 
 cess, by one whose own health had suffered so 
 seriously in the comparatively easy employment 
 of teaching : and the salary which clergymen 
 then received, was scarcely sufficient to main- 
 tain, in a comfortable manner, the individual 
 who was compelled to resort to such a calUng 
 for support. Preachers of that day were ex- 
 pected to turn their attention to agriculture or 
 teaching, to furnish themselves with a competent 
 subsistence. These, as has been before stated, 
 Mr. Richardson was unable to follow, and the 
 profession of law, was the most proper selection 
 he could have made, on account of his talents.
 
 LIFE OFWM. M. RICHARDSON. 19 
 
 which his friends thought brilHant enough to se- 
 cure him an extensive practice, and the flattering 
 prospect then held out to every lawyer, whose 
 abilities were above mediocrity. All who were 
 aware of how high an order his mind was, were 
 decidedly favorable to his views of immediately 
 commencing this study. He accordingly pros- 
 ecuted it for a space, while still in his capacity 
 of preceptor in the academy, but at length gave 
 up this latter engagement, that he might pay all 
 his attention to his new pursuit. 
 
 We are assured by an intimate friend that his 
 examination proved satisfactory to all, and that 
 he was believed remarkably well fitted for the 
 profession in which he was to engage. After 
 his admission to the bar, Mr. Richardson enter- 
 ed into a partnership with Judge Dana, that 
 continued as long as he remained in Groton. 
 In his pursuit he met with the most encourag- 
 ing success. Possibly it was to the fortunate 
 issue of his examination, which influenced per- 
 sons in his favor, that this was owing, but we
 
 20 LIFE OF WM. M. RICHARDSON. 
 
 conjecture, rather, to his accurate knowledge 
 of the law, together with an extraordinarily vig- 
 orous perception in cases of importance and 
 difficulty. We are informed that his reputation 
 as a lawyer was at once established, and that he 
 soon deservedly " gathered a rich harvest of 
 gold and fame." 
 
 Very many causes of the most intense inter- 
 est came into his hands, in conducting which he 
 was usually quite successful. His stores of le- 
 gal knowledge were very extensive. He was not 
 only capable of arguing with those who were the 
 most exact and nice in the technicalities of the 
 law, but was ever ready to appeal in a strain 
 the most eloquent and touching, to the feelings 
 and sympathies. 
 
 In the unconnected manner he read the re- 
 quisite authorities for practice, he gained an 
 amount of information almost incredible. When 
 we consider his industry before entering the 
 university — and the rank his constant persever- 
 ance enabled him to command, in a class com-
 
 LIFE OF WM. M. RICHARDSON. 21 
 
 posed of many highly gifted individuals, — we 
 can no longer restrain our admiration. 
 
 Would that all youth might emulate so glori- 
 ous an example! 
 
 And after his graduation, we behold his dili- 
 gence the cause of an illness, which nothing 
 but a change of situation could remedy. 
 
 While engaged as principal in an academy of 
 
 some note, to enter upon a perusal of the tomes 
 
 which constitute an advocate's library, and to 
 
 persevere in such an undertaking, is surely a line 
 
 of conduct that few, however ardent their desire 
 
 to be settled in a profession, would wish to 
 
 pursue. These were the very efforts, and this 
 
 the success which attended the prince of orators 
 
 in olden times. 
 
 3
 
 CHAPTER II. 
 
 Up to this period we have no intimations of 
 my interest felt by Mr. Richardson in poUtical 
 iffairs. But now, rather suddenly it would seem, 
 he was elected to an office, to discharge the du- 
 ties of which with credit, talents and capacity 
 of the first rank were needful. This certainly 
 shows the estimation in which he was held by 
 people of his vicinity — for how seldom do we 
 see one whose ends have tended to any thing 
 rather than a situation of public trust, elevated 
 at once to a post of honor and emolument. 
 
 General Varnum, previous representative of 
 the district to which Groton belonged, having 
 been chosen to the Senate, Mr. Richardson was 
 appointed as his successor in Congress. In
 
 24 LIFE OF WM. M. RICHARDSON. 
 
 political sentiments he concurred with Madison 
 and the administration. An effort of his, on 
 the floor of Congress, we think worthy of no- 
 tice. In 1812 a subject of some consequence 
 came before the House. A petition of several 
 merchants was presented, praying the remission 
 of bonds given on a late importation of British 
 goods. The circumstances from which this pe- 
 tition took its rise, are related by Mr. Richard- 
 son in these words : 
 
 "On the second day of February, 1811, an 
 act prohibiting the importation of British goods 
 into this country, went into operation. The 
 object of this law was, by distressing the man- 
 ufacturers of Great Britain, to compel her to 
 relinquish her orders in council." 
 
 In a short lime these orders were revoked, 
 and the agents of the merchants could not de- 
 termine whether the goods might then be lawful- 
 ly shipped for this country. In their uncertainty 
 they consulted with Mr. Russell, an agent of the 
 government. This gentleman was of opinion
 
 LIFE OFWM. M. RICHARDSON. 25 
 
 that the shipments could be made with perfect 
 safety, which was accordingly done. Immedi- 
 ately upon the arrival of the vessels here, their 
 freights were seized, on account of the vio- 
 lation of the non-importation act. The ques- 
 tion then arose, as to the propriety of confisca- 
 ting the goods. Mr. Richardson was strongly 
 opposed to any such proceeding. He delivered 
 a long and able speech on the subject, uphold- 
 ing his views with strong proofs and apt illus- 
 trations ; and we regret its extent excludes it 
 from our pages. 
 
 He triumphantly refuted the arguments of 
 several gentlemen who had expressed their sen- 
 timents on the question, and himself advan- 
 ced the most forcible reasoning in favor of the 
 opinion he espoused. Although'sensiblethat we 
 cannot do this productionjustice in any abstract, 
 yet we shall attempt one, rather to give an idea 
 of the positions he defended, than the eloquence 
 and spirit by which they were enforced. 
 
 He commenced his remarks by adverting to 
 3*
 
 26 LIFE OF WM. M. RICHARDSON. 
 
 the peculiar rigor with which our merchants 
 had been treated, and their respectabihty. — 
 There had been many acts within a short peri- 
 od, that had borne upon them severely. His 
 observations on this point, are open and sincere 
 as well as animated and convincing. 
 
 " I put it," said he " to every honorable gen- 
 tleman whether if our measures had fallen upon 
 the yeomanry of our country with one tenth 
 part of the severity that they have fallen upon 
 the merchants, it would not have raised a storm 
 that neither this, nor any other administration 
 could have rode out in safety. It is a singular 
 fact, but not more singular than true, that for 
 the last five years, whenever we have planned 
 any grand measure of coercion — whenever we 
 have collected any vial of uncommon wrath 
 against foreign nations, its contents in every in- 
 stance have been poured directly upon the heads 
 of our own hapless merchants ! And is it to be 
 thought strange that they should consider our 
 measures a little unluckily directed ? Is it won-
 
 LIFE OF WM. M. RICHARDSON. 27 
 
 derful that they should doubt the policy of 
 some of these measures ?" 
 
 He then spoke of the prejudices which pre- 
 vailed in congress, against the merchants, and 
 the reasons for them. He spurned with indig- 
 nation the charges directed against that class of 
 society by some gentleman who had before spok- 
 en. They were a portion of the community, 
 without which the wheels of government would 
 be essentially retarded. He mentioned the 
 smuggling effected throughout the country, but 
 denied that these violators of the laws were the 
 merchants for whom he was pleading. They 
 were a species of traffickers which iiad sprung 
 up in consequence of the restrictive measures. 
 
 He next went on to state an argument used 
 by another speaker ; that the merchants could 
 afford to loose their goods, because their gains 
 had been of late very considerable ! Mr. Rich- 
 ardson was happy to hear it, and hoped their 
 prosperity might increase, but reprobated strong- 
 ly the idea that this fact should serve as an
 
 28 LIFK OF WM. M. RICHARDSON. 
 
 excuse for converting to the public use a vast 
 amount of property of our citizens. 
 
 '' I rejoice," continued he, " that fortune has 
 broken through the clouds which have so long 
 hung over their affairs, and in one solitarv in- 
 stance has shone pleasantly upon them. I trust 
 that Providence will bless them in the enjoy- 
 ment of their profits ; and as they, have been 
 enabled to rescue their property from the hand 
 of our enemies, they may also be enabled to 
 preserve it from the hungry jaws of our treasu- 
 ry ! Forbid it — the dignity of this house ! For- 
 bid it — the respect we owe to ourselves, that we 
 should lay our hands upon it ! I have no dis- 
 positon to enter into this retrospective partner- 
 ship with our merchants, in order to share the 
 profits without the losses of trade. It would be 
 to this government, in my apprehension, a part- 
 nership equally disgraceful and ruinous." 
 
 His reasoning in regard to the innocence of 
 the merchants is conclusive. The avowed ob- 
 ject of the famous non-importation act we be=
 
 LIFE OF WM. M. RICHARDSON. 29 
 
 fore represented — to compel England to retract 
 certain orders. At length this was done, and the 
 agents of the merchants, thinking no offence 
 could be taken, and having the approval of " an 
 agent of this government," ventured to freight 
 ships with goods for America. This was the 
 "head and front of their offending." Having 
 brought forward his proof, that policy and jus- 
 tice demanded the remission of the merchants' 
 bonds. Mr. Richardson added some concluding 
 paragraphs, which we cannot forbear transferring 
 to our pages, they are so reasonable and so just. 
 " With regard to bonds given for merchan- 
 dize shipped entirely on British account, I say 
 nothing. I stand not here the advocate of any 
 Briton : I plead only the cause of the honest 
 American merchant. Do with the subject of 
 Great Britain as you please, but spare — I im- 
 plore you — spare your own citizens. Good pol- 
 icy, in my opinion, requires that we should free- 
 ly remit, in all cases, that are bona fide Ameri- 
 can. The merchants are a powerful class of
 
 30 LIFE OF WM. M. RICHARDSON. 
 
 the community, and ought at this crisis, to be 
 concihated. At least we ought not to irritate 
 them, by reading to them the bloody book of 
 the law in the bitter letter. 
 
 " Depend upon it, our decision will be con- 
 sidered as evidence of our disposition towards 
 commerce. These petitioners are comparatively 
 few in number, but the merchants will consider 
 it a common cause. These importers have placed 
 an honorable confidence in the justice of their 
 government. They refused the aid, which our 
 privateers offered, to enable them to evade the 
 laws; conscious of their uprightness, they "have 
 openly and in the face of the day, brought 
 these goods into the country, and placed them 
 in our hands ; trusting that their own govern- 
 ment would not rob them of goods which even 
 an enemy had spared. 
 
 "It would be disgraceful to betray a confi- 
 dence so honorably and freely placed in us. But 
 if gentlemen still think that we want money ; 
 that we ought to enforce the payment of these 
 
 'x
 
 LIFE OF WM. M. RICHARDSON. 31 
 
 bonds because we have the poiver to do it, I 
 have only to beg them to remember that it is 
 excellent to have a giant's strength, hut it is 
 tyrannous to use it like a giant." 
 
 In this speech, the first of his that we find 
 reported, he displayed a great versatiUty of 
 powers : at one time indulging in the most with- 
 ering, caustic sarcasm, at another heaping argu- 
 ment on argument in the most stupendous pro- 
 fusion — Ossa upon Pelion — and again pouring 
 forth his whole soul in a tide of grand and 
 matchless eloquence. 
 
 Political life seems never to have had the 
 same charms for Mr. Richardson as for many 
 others. He never took great delight in frequent- 
 ing the halls where 
 
 '•' statesmen loudly talked 
 Of national resources, war and peace." 
 
 He was a very unsuitable person for a party 
 politician ; with him principle and honor were 
 alike sacred, and nothing could be less congeni- 
 al to his taste, than to act the part he would be 
 forced to represent, were he to range himself as
 
 32 LIFE OF WM. M. RICHARDSON. 
 
 a servile follower, under the banner of either 
 party. Yet elected as he was, by the suffrages of 
 a political people, it was obviously his wisest as 
 well as fairest course, to act in conformity with 
 the tenets of that party, to which they supposed 
 him to belong. He therefore gave his vote for 
 war with England; the justice of which he could 
 not for a moment doubt. — But since in after 
 life he manifested little concern in political top- 
 ics, further remarks on this head will be unne- 
 cessary. 
 
 He was subsequently re-elected, but resigned 
 his seat, and removed in 1814, to Portsmouth, 
 N. H. Here he resumed his vocation ; and as 
 a follower of Themis, dedicated most faithfully 
 his time and talents to the service of his stern 
 mistress. He succeeded here as well as could 
 reasonably be expected, and in the space of 
 two years, won the public confidence in a sur- 
 prising degree. 
 
 It was at this period, upon an alteration of 
 the judicial system in this state, that his appoint-
 
 LIFE OF WM. M. RICHARDSON. 31 
 
 ment to the Chief Justiceship of the Superior 
 Court took place. It is really very singular that 
 such an office was assigned to one whose ac- 
 quaintance in New Hampshire must necessarily 
 have been quite limited ; and nothing but the 
 fact of his exceeding popularity with all who 
 knew him, and the uniform good fortune which 
 accompanied him in adjusting causes, can ac- 
 count for it. 
 
 In his new character, Judge Richardson per- 
 formed the duties devolving upon him with as 
 much fidelity and zeal, as in any post he had 
 previously occupied. With his appointment 
 began that useful practice of publishing reports 
 of all the actions in the Superior Court, which 
 has continued until the present time. This 
 custom has been productive of incalculable 
 good. None but the lawyer can estimate the 
 convenience arising from the publication of es- 
 tablished precedents. The only manner in which 
 decisions were preserved, before his accession 
 to the office of Chief Justice, was by the note 
 4
 
 34 LIFE OF WM. M. RICHARDSON. 
 
 books of judges, and individuals who were con- 
 cerned in the suits. It would evidently be a 
 matter of infinite difficulty for every advocate 
 to procure manuscript authorities to influence 
 the minds of a jury. — During the first year of 
 his Justiceship, we find no suit reported suffi- 
 ciently interesting to warrant our mention. 
 
 In our narrative, we must confine ourselves 
 to those cases which at the time of their adju- 
 dication, produced the greatest excitement.
 
 CHAPTER III. 
 
 In preparing an account of the various trans- 
 actions in the Kfe of one, who has occupied a 
 station affording but few incidents interesting to 
 the general reader^ we are somewhat deUcately 
 situated. To omit entirely the actions of such 
 a number of years, would be not only injudi- 
 cious on our part, but also an imposition on the 
 public. But we find, even in the long period 
 he filled this office, no circumstances to furnish 
 the thrilling and passionate interest excited by 
 reading the occurrences in the life of a soldier — 
 no wild adventures — no "hairbreadth 'scapes" 
 — only the uniform routine, dull, it may seem 
 to some, of a Judge's daily employment.
 
 36 LIFE OF WM. M. RICHARDSON. 
 
 But on the other hand, we discover in their 
 stead, a nobler occupation — the powerful strug- 
 gle of mind with mind, — and the deep search 
 far beyond the vulgar gaze, after justice and 
 equity. If there is aught removed from earthly 
 mould, that visits the soul of man, it is the keen 
 examination — the eager aspiration, in pursuit 
 of right. But to return to our history. 
 
 The famous Dartmouth College controversy 
 which happened in the year 1817, and was de- 
 cided by Chief Justice Richardson, is deserving 
 of particular notice. We have resolved to in- 
 troduce a brief account of its progress and ter- 
 mination, trusting the little space we have hith- 
 erto devoted to such matters, may prove a suf- 
 ficient apology. Law cases are always tedious 
 and uninteresting, unless an important principle 
 is involved, as in the present instance. 
 
 This was an action " of trover for articles al- 
 leged to be the property of the plaintiffs." The 
 original charter of Dartmouth College was grant- 
 by George III, to Eleazer Wheelock, in 1769.
 
 LIFE OF WM. M. RICHARDSON. 37 
 
 In this instrument were enumerated all the ofli- 
 ces and immunities bestowed upon its corpora- 
 tion ; the number of trustees was limited to 
 twelve, and various other restrictions determined 
 in regard to the officers and faculty, that might 
 lead us too far into particulars to notice. 
 
 In the year 1816, certain acts were passed in 
 the legislature of New Hampshire, by provisions 
 of which the old board of trustees was altered 
 to twenty-one, and the title of the institution 
 itself changed from College to University. By 
 one of these acts it was stated, that, '^ the gov- 
 ernor with advice of the council, is authorised 
 to fill all vacancies that have happened, or may 
 happen, in the board of said trustees, previous 
 to their next annual meeting;" — consequently 
 the number was completed. 
 
 At the usual time a meeting was held of a quo- 
 rum of the trustees of Dartmouth University, 
 composed of the nine members thus appointed, 
 and two from the original board. On this occa- 
 sion, William H.Woodward, Esquire, was elected 
 4*
 
 38 LIFE OF WM. M. RICHARDSON. 
 
 Secretary and Treasurer. Nine of the old trus- 
 tees, refused as a corporation, as far as they were 
 able by law, to accept the provisions of these 
 acts ; and likewise declared that as a majority of 
 the board of trustees constituted by the old 
 charter, they still had the same control over the 
 property of the College as before these laws 
 were enacted. And hence arose the dispute. 
 
 Woodward evidently could not be justified in 
 giving up articles committed to his charge by 
 the trustees of Dartmouth University, except 
 at their direction ; while, on the other hand, 
 were the acts of the Legislature unconstitu- 
 tional, as the plaintiffs contended, the charter 
 of Wheelock was valid, 'and judgment must 
 have been rendered in their favor. From these 
 circumstances. Chief Justice Uichardson states, 
 in the opinion of the court, that '' the decision 
 of the cause must therefore depend upon the 
 question — whether the legislature had a constitu- 
 tional right to authorise the appointment of new
 
 LIFE OF WM. M. RICHARDSON. 39 
 
 trustees, without the consent of the corpora- 
 tion?" 
 
 The counsel of the htigants in this cause em- 
 braced several legal gentlemen of acknowledged 
 talents and eminent reputation. We do not 
 consider it incumbent on us to notice their in- 
 genious and powerful arguments : our task is of 
 a less extended character. Many of the most 
 weighty are examined by Judge Richardson, and 
 a general view of these, imperfect though it be, 
 may serve our purpose. 
 
 In the commencement of the ''opinion of 
 the Superior Court," delivered by Chief Jus- 
 tice Richardson, are detailed the premises con- 
 ceded by both parties, and the grounds to which 
 he confined himself in deciding. As they 
 are of httle consequence here, we come next 
 to his definite outlines of the kinds of corpora- 
 tions recognized in law. 
 
 A private corporation he described as consti- 
 tuted for the express advantage of particular 
 individuals. It was as a source whence issued
 
 40 LIFE OF WM. M. RICHARDSON. 
 
 rills, cooling and grateful but to the favored ones, 
 on whose possessions they chanced to flow. As 
 instances of this, he presented insurance and 
 banking companies. These bodies he viewed 
 as highly conducive to the profit of their mem- 
 bers, and entirely distinct from the other spe- 
 cies. 
 
 A public corporation he considered in quite 
 a different light. It was a company subservient 
 to the welfare of the community. It was one 
 in which every man should feel a deepjnterest ; 
 and of its benefits he should esteem himself a 
 partaker. The case being thus, an oflScer ap- 
 pointed in such a body, is just as liable to pub- 
 lic censure, and as accountable to the people at 
 large, as the governor of the state. 
 
 The inquiry then proposes itself, — how far 
 can the legislature constitutionally intermeddle 
 with the affairs of such a corporation ? The re- 
 ply is plain — so far as is favorable to the best 
 interests of the state. For obvious reasons the 
 college must be classed with public corporations.
 
 LIFE OF WM. M. RICHARDSON. 41 
 
 That it was founded for the pubhc benefit, ad- 
 mits of no doubt. And if its design was such, 
 it is manifest that none but the representatives 
 of the people should control it. 
 
 We pass over several pages to give an extract 
 which sets forth Chief Justice Richardson's sen- 
 timents in the most conclusive manner. Its 
 truth must certainly have been attested by all. 
 " I cannot bring myself to believe, that it would 
 be consistent with sound policy, or ultimately 
 with the true interests of literature itself, to place 
 the great public institutions, in which all the 
 young men^ destined for the liberal professions 
 are to be educated, within the absolute control 
 of a few individuals, and out of the control of 
 the sovereign power — not consistent with sound 
 policy, because it is a matter of too great mo- 
 ment, and too intimately connected with the 
 general welfare and prosperity, to be thus en- 
 trusted in the hands of a few. 
 
 " The education of the rising generation is a 
 matter of the highest public concern, and is
 
 42 LIFE OF WM.M. RICHARDSON. 
 
 worthy the best attention of every legislature. 
 The immediate care of these institutions must 
 be committed to individuals, and the trust will 
 be faithfully executed, so long as it is recollect- 
 ed to be a mere public trust, and that there 
 is a superintending power, that can and icill 
 correct every abuse of it. 
 
 " But make the trustees independent, and 
 they will at length forget that their office is a 
 public trust — will at length consider these insti- 
 tutions as their own — will overlook the great 
 purposes for which their powers were originally 
 given, and exercise them only to gratify their 
 own private views and wishes, or to promote the 
 narrow purposes of a sect or a party. 
 
 " It is idle to suppose that courts of law can 
 correct every abuse of such a trust. Courts of 
 law cannot legislate. There may be many abu- 
 ses which can be remedied by the sovereign 
 power alone. Nor would such exemption from 
 legislative control be consistent with the true 
 interests of literature itself, because these insti-
 
 LIFE OF \VM. M. RICHARDSON. 43 
 
 tulions must stand in constant need of the aid 
 and patronage of the legislature and the pub- 
 lic ; and without these they can never flourish. 
 
 " Whenever the people and their rulers shall 
 become corrupt enough to wage war with the 
 sciences and liberal arts, we may be assured that 
 the time will have arrived, when all our institu- 
 tions;, our laws, our liberties must pass away, — 
 when all that can be dear to freemen, or that can 
 make their country dear to them, must be lost ; 
 and when a government and institutions must be 
 established, of a very different character from 
 those under which it is our pride and our happi- 
 ness to live. 
 
 " In forming my opinion in this case, howev- 
 er, I have given no weight to any considerations 
 of expediency. I think the legislature had a 
 clear constitutional right to pass the laws in 
 question. My opinion may be incorrect, and 
 our judgment erroneous ; but it is the best 
 opinion which, upon the most mature consider- 
 ation, I have been able to form. It is, certain-
 
 44 LIFE OF WM. M. RICHARDSON. 
 
 ly, to me a subject of much consolation, to 
 know that if we have erred, our mistakes can 
 be corrected, and be prevented from working 
 any ultimate injustice. 
 
 " If the plaintiffs think themselves aggrieved 
 by our decision, they can carry the cause to an- 
 other tribunal, where it can be re-examined, 
 and our judgment be reversed or affirmed, as 
 the law of the case may seem to that tribunal 
 to require." 
 
 This decision did not satisfy the plaintiffs. 
 The result is well known throughout the state. 
 The college appealed to the Supreme Court of 
 the United States, where the former judgment 
 was promptly reversed. Thus the acts of the 
 legislature being decided unconstitutional, the 
 college continued in the same condition as be- 
 fore the unfortunate controversy.* 
 
 * Since these remarks were penned, a pamphlet has been put 
 into our hands, written by a " citizen of Boston," on Corpora- 
 tions generally, and this case in particular. The author op- 
 poses the decision of the Supreme Court, on grounds very dif- 
 ferent from those we have taken. Our object, however, was 
 rather to give a sketch of the reasoning in Judge Richardson's 
 Charge, than to bring forward all the arguments bearing on the 
 question, that might have been adduced.
 
 LIFE OF WM. M. PaCHARDSON. 45 
 
 The abbreviated details we have given of this 
 important cause have consumed so much space, 
 that we fear little has been reserved for subse- 
 quent suits, however important they may be. 
 
 A short time after Judge llic!iardson's ap- 
 pointment, a distressing illness attacked him. 
 The fever raged with unabated violence for a 
 considerable season, until he was reduced so 
 low that the only spark of life which could be 
 perceived, was a faint breathing. For a long 
 period his recovery appeared doubtful ; at length 
 he was restored to comparative health, but the 
 effects of this disease ever after remained. 
 
 Occasional fits of sickness troubled him for 
 the residue of his life. In the year 1819, he 
 removed to Chester, where he abode until the 
 day of his death. Here he soon became pop- 
 ular with all classes of people, so agreeable were 
 his manners, and so various his information. 
 During his residence there, he was of great ser- 
 vice to the town. The estabhshment of an 
 5
 
 46 LIFE OF VVM. M. RICHARDSON. 
 
 Atheneum in that place was proposed, and sev- 
 eral gentlemen volunteered their support. 
 
 Among others, Judge Richardson contributed 
 liberally himself, and assisted greatly by his en- 
 deavors to induce others to give, for this pur- 
 pose. He even appropriated a room in his own 
 house to receive the library which the institu- 
 tion gradually accumulated ; and it has but re- 
 cently been removed. 
 
 As a sample of the interest he took in this 
 society, as well as his liberality, we are at liber- 
 ty to mention, that he once contemplated pub- 
 lishing a work on horticulture, and requested 
 several gentlemen to furnish articles on various 
 subjects connected with that science, some of 
 which were prepared ; but his life was not spar- 
 ed long enough to fulfil his intention. It was 
 his design to make use of the avails of the work, 
 had it proved successful, in purchasing an addi- 
 tion to the library of the Atheneum. He was 
 likewise extremely anxious that the "Chester 
 Lyceum" should be supported; and, but a
 
 LIFE OF \VM. M. RICHARDSON. 47 
 
 few years since, read a lecture before it, when 
 so much out of health, as to be compelled to 
 sit during the whole delivery. We hardly need 
 say that it received universal approbation.
 
 CHAPTER IV. 
 
 Many other like things which Chief Justice 
 Richardson has done, we might enumerate, but 
 it is perhaps needless. Suffice it to say, in ev- 
 ery object of public improvement, he was among 
 the foremost of the supporters. Shortly after 
 his elevation to th6 bench, he was chosen mem- 
 ber of a committee empowered from the legis- 
 lature to arrange and collate in a durable form 
 the acts of several terms of that body ; and to 
 superintend the publication of a new edition of 
 the laws of the state. 
 
 We find, too, that sundry questions were pro- 
 posed, in 1828, to him and his associate Justi- 
 ces from the same assembly, on points of the
 
 LIFE OF WM. M. RICHARDSON. 49 
 
 law respecting which there was any disagree- 
 ment. Although not comprising'any funda- 
 mental principles, they were yet points on which 
 some dispute had arisen, and the decision of 
 which was of considerable consequence. The 
 one we have selected for transcription is the last 
 of the number, but as we imagine, not the least 
 important. 
 
 The question was — " Can the legislature au- 
 thorise a guardian of minors, by a special act or 
 resolve, to make a valid conveyance of the real 
 estate of his wards ?" 
 
 To this the following reply was made : 
 " The objection to the exercise of such a 
 power by the legislature is, that it is in its nature, 
 both legislative and judicial. It is the province 
 of the legislature to prescribe the rule of law ; 
 but to apply it to particular cases, is the busi- 
 ness of the courts of law. And the thirty- 
 eighth article in the bill of rights declares, ' that 
 in the government of this state, the three es- 
 sential powers thereof, viz. the legislative, ex- 
 *5
 
 50 LIFE OF WM. M. RICHARDSON. 
 
 ecutive and judicial, ought to be kept as sepa- 
 rate from, and independent of each other, as 
 the nature of a free government will admit, or 
 as is consistent with the chain of connection 
 that binds the whole fabric of the constitution 
 in one indissoluble bond of union and amity.' 
 
 " The exercise of such a power can never 
 be necessary. By the existing laws, Judges 
 of Probate have very extensive jurisdiction to 
 license the sale of the real estate of minors, by 
 their guardians. If this jurisdiction of the 
 Judges of Probate be not sufficiently extensive 
 to reach all proper cases, it may be a good rea- 
 son why it should be extended, but can hardly 
 be deemed a satisfactory reason for the particu- 
 lar interposition of the legislature, in an indi- 
 vidual case. If there be a defect in the laws, 
 they should be amended. 
 
 "Under our institutions all men are viewed 
 as equal, entitled to enjoy equal privileges, and, 
 to be governed by equal laws. If it be fit and 
 proper that license should be given to any guar-
 
 LIFE OF WM. M. RICHARDSON. 51 
 
 dian under particular circumstances to sell the 
 estate of his ward, it is fit and proper that all 
 other guardians should under similar circumstan- 
 ces have the same license. This is the very 
 genius and spirit of our institutions. And we 
 
 are of opinion, that an act of the legislature to 
 authorise the sale of the land of a particular 
 minor by his guardian, cannot be easily recon- 
 ciled with the spirit of the article of the bill of 
 rights which we have just cited. 
 
 " It is true that the grant of such a license by 
 the legislature to a guardian is intended as a 
 privilege and benefit to the ward. But, by the 
 law of the land no minor is capable of assent- 
 ing to the sale of his real estate in such a man- 
 ner as to bind himself. And no guardian is 
 permitted by the same law, to determine when 
 the estate of his ward ought, and when it ought 
 not to be sold. 
 
 " In the contemplation of the law the one has 
 not sufficient discretion to judge of the proprie- 
 ty and expediency of the sale of his estate, and
 
 52 LIFE OF WM. M. RICHARDSON. 
 
 the Other is not to be entrusted with the power 
 of judging. Such being the general law of the 
 land, it is presumed that the legislature would 
 be unwilUng to rest the justification of an act, 
 authorising the sale of a minor's estate upon 
 any assent which the guardian or the minor 
 could give to the proceeding." 
 
 In the midst of all these various and pressing 
 duties, Judge Richardson was continually improv- 
 ing his mind by all those accomplishments that 
 go to make up the finished gentleman and 
 thorough scholar. 
 
 We have before stated that he cultivated his 
 taste for poetry in some degree, prior to leaving 
 College. In a subsequent period of his life, he 
 sometimes pursued this study for the amusement 
 of a leisure hour ; and wrote occasional pieces, 
 that for harmony and true poetry, are not ex- 
 celled by the productions of some, whose names 
 have been rendered famous by their composi- 
 tions. 
 
 These hasty efforts, though prepared in the
 
 LIFE OF WM. M. RICHARDSON. 53 
 
 intervals of a laborious occupation, give evi- 
 dence of a splendid imagination, and strong 
 poetic feeling. In general, the divinus afflatus 
 seldom visits any, but the devoted followers of 
 the nine-, rarely descending to minister to the 
 individual whose avocations have not often suf- 
 fered him to soar 
 
 " into the skies, 
 And cast the clouds beneath his feet, and earth, 
 With all her tardy, leaden-footed cares." 
 
 Had he steadily adhered to the practice of the 
 ars poetica, he would have undoubtedly risen 
 superior to many of the most popular poets of 
 the day. As it was, however, his few, fugitive 
 attempts are deserving of our praise. In fan- 
 cy few excelled him ; in command of language 
 and construction of verse, he equalled our most 
 elegant writers. He was fond of poetry, and 
 had read much. 
 
 The Latin bards commanded an eager and 
 repeated perusal, and more modern versifiers 
 obtained a share of his attention. Shakspeare's 
 " varied richness," Milton's grand and elaborate
 
 54 LIFE or WM. M. RICHARDSON. 
 
 numbers, and much of the poetry of a later 
 date, constituted a considerable portion of his 
 reading. We have been favored with two speci- 
 mens of his talent, one of which is reserved foy 
 insertion in a subsequent chapter. The follow- 
 ing is remarkable for its easy versification, and 
 eccentric conception. 
 
 "TO THE WITCH-HAZEL. 
 
 Witch of the woods, how odd, how queer, 
 The season that you take to dash in I 
 Sporting your blossoms in the air, 
 When all such things are out ot fashion. 
 
 Amid the all-reviving powers 
 Of beautious spring, that soft uncloses 
 Through nature's ample range the flowers,— 
 Thy silky bud unconscious dozes. 
 
 While summer's fleeting moments run. 
 And later flowerets forth are peeping, 
 To spread their beauties to the sun — 
 All on thy lonely bough is sleeping. 
 
 But when old autumn's hours at last. 
 Advance, with steps demure and sober-^ 
 The nipping frost, the chilly blast. 
 The clear cold evenings of October; 
 
 And when the changing forests round 
 The rainbow's every color borrowing, 
 A moment smile — then to the ground 
 Throw all their faded treasures, sorrowing 5
 
 LIFE OF WM. M. RICHARDSON. 55 
 
 Then with thy leafy lionors shed 
 
 Wliile gloomy clouds around arc lowering"; 
 
 Amid the dying and the dead 
 
 Is seen thy strange, thy wondrous flowering ! 
 
 Time was when witches through the air, 
 Rode broomsticks, cutting various capers — 
 Frightening the simple miss so fair, 
 And filling mistress with the vapors. 
 
 ■ Or 'mid the murky shades of night 
 Like dismal owls around us hooting— 
 Or in a meteor's lurid glare 
 Along tlie skies were widely shooting ; 
 
 And oft the prudent housewife's scheme 
 With ugly deeds and tricks perplexing, 
 Tliey spoiled her richest milk and cream 
 And waked her baby, wrath, how vexing ! 
 
 But witchery now we vainly seek. 
 Save that so arch of certain faces, — 
 In roguish eyes and dimples sleek, 
 Lurking among the loves and graces. 
 
 And we may hunt among the woods — 
 And herbs, from wormwood to sweet basil— 
 Dn mountains, valleys, fields and floods, 
 And find no witcli, but thee, witch-hazel." 
 
 Judge Richardson's taste for music was fine. 
 He was quite fond of hearing a good singer, or 
 dexterous performer on any instrument, and was 
 himself well skilled in some branches of the 
 science.
 
 CHAPTER V. 
 
 Judge Richardson's astonishing industry was 
 a trait in his character, that reflected upon him 
 the highest credit. By means of this, he not 
 only found time for the performance of every 
 necessary duty, but even reserved for himself 
 leisure to cultivate the lighter amusements. As 
 a kind of excuse for thus devoting every mo- 
 ment to the means of improvement, though at 
 the expense even of his health, he once remark- 
 ed to a friend, " that he was forced to study all 
 his time to keep up with the age." 
 
 In this particular, we are happy to add the 
 following eloquent testimonial from Rev. Mr. 
 6
 
 58 LIFE OF WM. M. RICHARDSON. 
 
 Clement, of Chester. It is cited from his dis- 
 course at Judge Richardson's funeral. 
 " There was nothing more remarkable in the life 
 of Judge Richardson than his untiring indus- 
 try — with limited early advantages, and some- 
 what late in the commencement of his liberal 
 studies ; indebted almost entirely to his own 
 exertions for support, as he passed from the 
 Academy to the University, and from that to 
 the bar,he yet ranked high in a large class, en- 
 rolling on its catalogue such names as Binney 
 of Philadelphia. 
 
 " A destructive impression sometimes infects 
 the minds of the young, that genius, unimprov- 
 ed by culture, leads on to high usefulness and 
 honor in the learned professions. But there is 
 not a solitary example among the eminent liv- 
 ing, or the eminent dead, to sanction this opin- 
 ion. During the last eight years, the speaker 
 has had much opportunity to know the mental 
 habits of the deceased, and no hesitation is felt
 
 LIFE OF WM. M. RICHARDSON. 59 
 
 in saying, that of all the hard working men in 
 the town he was literally at the head." 
 
 " Hour after hour, and frequently to the 
 amount of twelve or fourteen hours in a day, 
 has he applied his mind to his professional stud- 
 ies. And besides this, he extended his research- 
 es into almost every branch of learning. With 
 the ancient and modern lano-uases, and with 
 the best English productions, he was exceeding- 
 ly familiar. To these rigid habits of industry, 
 he was indebted for the credit with which he 
 so long performed the duties of Chief Justice." 
 
 Judge Richardson prepared several volumes 
 of the " New Hampshire Reports" for the 
 press, sometimes alone, sometimes with the aid 
 of others ; and compiled and wrote with no as- 
 sistance, the " Town Officer," and the chief 
 portion of the " Justice of the Peace," — manu- 
 als which required not only a very profound 
 knowledge of the law and legal authorities, but 
 also indefatigable assiduity and patient research. 
 
 It has been frequently observed, that the re-
 
 60 LIFE OF WM. M. RICHARDSON. 
 
 ports, which Judge Richardson made out, are 
 much more correct than those of any other re- 
 porter. This may be accounted for by the fact 
 that just as soon as he returned home from 
 court he sat down, and wrote off all the cases 
 decided at that session. By this punctuahty he 
 saved himself much labor and inquiry, as the 
 whole circumstances were then fresh in his 
 memory, and he was not obliged to seek in his 
 memorandum all the little occurrences and ref- 
 erences which he would soon have forgotten. 
 We might suppose that with all these occupa- 
 tions and fatigues, his would be a life wholly 
 void of pleasure. Such, however, was not the 
 fact. 
 
 Judge Richardson had ever a fund of humor 
 at command, that in addition to rendering him 
 an agreeable companion, furnished the power of 
 conferring real benefits upon persons in points 
 where argument would rather exasperate than 
 convince. Wit is very seldom coupled with 
 judgment sufficient to enable its possessor to
 
 LIFE OF WM. M. RICHARDSON. 61 
 
 exercise or restrain it towards proper objects, 
 and at fitting seasons. Such a rare combina- 
 tion had Chief Justice Richardson. 
 
 Perfectly aware how far he might indulge it 
 with safety upon every one, he also knew the 
 most effectual manner of its application. And 
 although he was in the habit of frequently lav- 
 ishing his wit, it was never at the expense of 
 modest merit, but rather of vice and error. 
 
 An anecdote was communicated to us re- 
 cently, that exhibits his humorous taste to 
 considerable advantage. He had prevailed up- 
 on two or three persons in Chester to join him 
 in procuring a large and expensive copy of 
 " Hogarth's Works," containing many spirited 
 and entertaining engravings. He took pleasure 
 in examining these, and with some of the finest 
 was exceedingly delighted. While at a certain 
 time viewing them, he was particularly struck 
 with one called the " Sleeping Congregation," 
 which represented an audience with choir and 
 clerk, all paying the most devoted homage to 
 
 *6
 
 62 LIFE OF WM. M. RICHARDSON. 
 
 Somnus. After regarding thi^ with much so- 
 berness for a moment, he gravely inquired of a 
 gentleman who was standing near^ if "^e could 
 not hear them snore.'" 
 
 In the latter part of his life, he formed the 
 idea of writing a treatise upon this quality, 
 with rules for its exercise; and in all probability 
 had he lived he would have completed his un- 
 dertaking : he left it unfinished. 
 
 In his summer excursions in the fields for 
 the exercise his health required, he directed his 
 attention to botany, aided by the best writers, 
 and made great proficiency in this science. On 
 such occasions he carefully preserved the rare 
 and curious plants that met his eye, and formed 
 a collection which is quite creditable to his taste 
 and judgment. In like manner he attained an 
 extensive knowledge of mineralogy. In his 
 journeyings through the state to attend the va- 
 rious courts, he carried with him his hammer, 
 and examined the rocks on all his routes. 
 
 Judge Richardson's economy was of that
 
 LIFE OFWM. M. RICHARDSON. 63 
 
 consistent kind which avoids both the extremes 
 of niggardhness and profusion. In instances 
 where he esteemed the object deserving, he gave 
 freely. Where the object was the public bene- 
 fit, no man was more Uberal. When the scar- 
 city of provisions was at its height, many poor 
 persons in Chester were unable to procure corn, 
 *' for love or money." Judge Richardson with 
 his characteristic generosity proposed to several 
 wealthy gentlemen of that town to aid him in 
 bringing one hundred bushels of corn into the 
 place, that they might sell it to the needy, at 
 cost. But as no one was readily found willing 
 to share the risk, he was forced to relinquish 
 his project.
 
 CHAPTER VI. 
 
 It has been already seen that Chief Justice 
 Richardson's quaUfications were amply ade- 
 quate to his station : it may not be considered 
 out of place to make a few remarks here relative 
 to his character in private life. 
 
 In his seat at the bench we view him as the 
 citizen and the public officer — at his own resi- 
 dence, the man. 
 
 In his domestic relations, Judge Richardson 
 was always affectionate, and always happy. He 
 derived great pleasure from being surrounded 
 by his family, though true it is, that he was oblig- 
 ed to leave them often, and remain absent long, 
 60 that he enjoyed their company, compara- 
 tively, but little.
 
 66 LIFE OF WM. M. RICHARDSON. " 
 
 He was married, rather early in life, to Miss 
 Elizabeth Smith, daughter of a respectable citi- 
 zen of Pelham. Of the virtues of this lady it is 
 unnecessary to descant : to the inhabitants of 
 Chester, they are already familiar, and to most 
 others our commendations would seem but 
 " empty honors." 
 
 A correct idea of the estimate in which his 
 conjugal felicity was held, may be formed from 
 a perusal of the annexed chaste and finished 
 stanzas from his pen. The piece originally ap- 
 peared in a periodical publication, where the 
 following introduction was prefixed. 
 
 " Some time ago one of the Editors present- 
 ed to a friend a small volume, containing trans- 
 lations of the Basia Johanni's Secundi ; and in 
 return his friend sent him the enclosed lines, as 
 an imitation of the style, on a subject more 
 chaste than any which occupied the fancy of 
 that voluptuous poet." 
 
 " THE KISS OF W^EDDED LOVE. 
 
 Give me of wedded love the holy kiss, 
 Bestowed with rapture, and received with bliss j
 
 LIFE OF WM. M. RICHARDSON. 67 
 
 Where soul embracing soul in union sweet. 
 Not only lips, but hearts together meet. 
 
 Give me the kiss that asks no fancied aid 
 From warbling nightingale in myrtle shade, 
 From flower enamelled mead, or secret bower, 
 Beneath the moon's pale beam, at midnight hour. 
 
 Be mine the kiss that's giv'n without a fear, 
 That stains not honor, and that wakes no tear 5 
 The kiss whose raptures gold can never buy, 
 The kiss that's ne'er remember'd with a sigh. 
 
 GiTe me the kiss of innocence alone, 
 The halloivcd kiss, that I can call my own ; 
 This, tliis, to me yields richer, purer blisses, 
 Than all the famed Johanni's nineteen kisses." 
 
 As a private citizen Judge Richardson was 
 the gentleman in all his actions. His generosi- 
 ty was unbounded. The victim of misfortune 
 never went unaided from his door ; nor were 
 objects of pubhc weal by him neglected. His 
 purse was always open to furnish assistance for 
 any plan of improvement. And in this con- 
 nection, it will not be improper again to quote 
 the language of Rev. Mr. Clement, of Chester. 
 
 " He was the liberal supporter and tried friend 
 of our religious society. In any difficulty we 
 might go to him with the utmost freedom and
 
 68 LIFE OF WM. M. RICHARDSON. 
 
 confidence. His influence great as it was, and 
 whatever pecuniary of contribution might be 
 needed, he never withheld." 
 
 " Upon his arrival at Chester, he purchased a 
 farm, and in the properseasons, wielded the hoe 
 and spade. He meliorated his soil to a great 
 extent, and occasionally superintended the ope- 
 rations in person. He was especially attentive 
 to horticulture. It was in his garden that he 
 passed many of his happiest hours. To im- 
 prove that delightful spot, was his most cheer- 
 ful recreation. 
 
 Among other branches of that pursuit. Judge 
 Richardson had uncommon dexterity in train- 
 ing the grape-vine. A gentleman in Chester, 
 whose vines were rather unfruitful, requested 
 his aid in amending them. He very kindly as- 
 sented ; went into the garden, spent an hour in 
 pruning and trimming the untractable shoots, 
 and having restored them to some degree of 
 form and regularity, returned to the house. 
 Immediately he accosted the gentleman, and
 
 LIFE of' WM. M. RICHARDSON. 69 
 
 ^'wanted his pay." But perceiving him em- 
 barrassed, and not understanding his mean- 
 ing, he added quickly — " and my pay will be, 
 to hear some music from one of your daughters." 
 
 His orchards produced some of the nicest 
 fruits, and excelled particularly in apples. As 
 a natural sequence, his cider was in high repute. 
 One individual, as we are informed, used often 
 to visit him, to beg a " mug" of the admired 
 beverage. As the Judge was of a neighborly 
 disposition, he readily granted his request, ex- 
 cept when (as was sometimes the case,) he seem- 
 ed to have taken enough before asking. One 
 day he came in, to see Judge Richardson, and 
 as usual, "wished he would he so kind as to 
 give him a drink of cider." 
 
 " You have had now, more than you ought," 
 was the reply, " and I cannot give you any." 
 
 " Well," returned the man, who was a little 
 of n wag, and much indulged by the Chief Jus- 
 tice, " we read in the Bible of the ' unjust judge, 
 7
 
 70 LIFE OF WM. M. RICHARDSON. 
 
 who feared neither God nor man,' and I know 
 him pretty well, too ! " 
 
 Our informant states that this retort afforded 
 much amusement to its subject, who went away 
 laughing. 
 
 He lived in Chester about nineteen years. 
 We venture to say thatn o man was more gener- 
 ally beloved there than he, setting aside his long 
 and frequent absences from the town. As the 
 incidents in his life were in that time of an uni- 
 form nature ; and legal adjustments are not 
 matters to interest the great mass of our read- 
 ers, we hasten on, to conclude our narrative. 
 
 During the last session of the Superior Court 
 in Rockingham county that Judge Richardson 
 attended, many suits of importance were tried. 
 He examined all with his characteristic accuracy, 
 and was so much busied in their adjudication, as 
 to be deprived, for some days, of that repose his 
 system required. The consequence was, that 
 he returned to Chester in a feeble condition. 
 The stage in which he took his passage, wheeled
 
 LIFE OFWM. M. RICHARDSON. 71 
 
 up to the dwelling of a physician, before pro- 
 ceeding to his own. 
 
 Judge Richardson requested the passenger 
 who alighted, to direct the doctor to visit him, as 
 he felt quite unwell. This was his last illness. 
 He indeed left the house afterwards, but con- 
 tinued under the physician's care. In a little 
 time, he was attacked with a disease of the liv- 
 er, and after a confinement of about four weeks 
 expired, on the 23d of March, 1838, " full of 
 honors and deeply lamented." 
 
 ****** 
 
 The death of such a man is "a public loss." 
 But it is gratifying to know that the consolations 
 of religion were his. Rev. Mr. Clement, speaks 
 of his dying hours as follows : 
 
 " The prospect of death did not in the least 
 discompose him. He was perfectly resigned to 
 his closing mortal scene ; and the composure he 
 felt he ascribed in the most emphatical manner, 
 to the sacrifice of the Son of God. When his 
 reason was perfectly clear, which was the case
 
 72 LIFE OF WM. M. RICHARDSON. 
 
 at intervals till almost the moment of his death, 
 he spoke of the sufferer of Calvary as the only 
 medium of approach to the tree of life. His 
 own language was, ' I know in whom I have be- 
 lieved, and where alone is my trust.' In re- 
 spect to the unequivocal and emphatic testimo- 
 ny to faith in the cross as the dying man's an- 
 chor, nothing could be more sublime than the 
 spectacle of his departure. And to the con- 
 nection of this faith in the central truth of the 
 gospel, with his own feelings in view of life, 
 and in view of death, we ascribe the almost 
 unparalleled composure of his closing scene.' 
 
 j>
 
 CHAPTER VII. 
 
 Upon the reception of the intelhgence of 
 Chief Justice Richardson's death, the Merri- 
 mack Bar held a meeting at Concord. Hon. 
 Ichabod Bartlett, Samuel Fletcher and Philip 
 Carrigain, Esqrs., having been appointed a com- 
 mittee to draft resolutions, reported the follow- 
 ing, which were unanimously adopted. 
 
 " Resolved, That the Bar of the county of 
 Merrimack now assembled, participate in the 
 grief which has been caused by the death of 
 JVilliam M. Richardson, Chief Justice of the 
 Superior Court of Judicature, in this State. 
 
 " Resolved, That the integrity, the great pro- 
 fessional learning, and the courteous manner,
 
 74 LIFE OF WM. M. RICHARDSON. 
 
 which in an eminent degree chaiacterised the 
 deceased, during the period of nearly twenty- 
 two years, since his appointment to the highest 
 judicial station in the State, render him an ex- 
 ample worthy of imitation. 
 
 '' Resolved, That while in common with our 
 fellow-citizens, we mourn the great public loss 
 which has been sustained, we feel it to be our 
 privilege, as members of a profession so highly 
 honored by the character, talents and services 
 of the deceased, to be permitted to acknowl- 
 edge our obligations and express our veneration 
 for his memory. 
 
 ^'Resolved, That a committee of three be 
 appointed to communicate these proceedings, 
 and the condolence of the Bar, to the family of 
 the deceased. 
 
 " Voted, That Ichabod Bartlett, Samuel 
 Fletcher and Philip Carrigain, constitute said 
 committee. 
 
 " Voted, That the Hon. Ichabod Bartlett be
 
 LIFE OF WM. M. RICHARDSON. 73 
 
 requested to present the foregoing resolutions 
 to the Court." 
 
 Mr. Bartlett, at the opening of the Court, in 
 accordance with tlie request, communicated the 
 resolutions, accompanying them with a brief 
 but splendid eulogium on the departed Chief 
 Justice. We give it entire : 
 
 " Since the adjournment of this Court on 
 Saturday, information has been communicated 
 to us of the death of Chief Justice Richard- 
 son. He died at his residence in Chester, at 
 9 o'clock, on Friday last. His funeral ceremo- 
 nies are to be attended at one o'clock this after- 
 noon. 
 
 " Your Honors, who have been associated 
 with him in the discharge of his responsible and 
 arduous public duties, and who, from long and 
 intimate acquaintance, are familiar with his pri- 
 vate virtues, will have anticipated, in the fulness 
 of your own hearts, the sensations with which 
 this most afflicting intelligence has been receiv- 
 ed by the members of the Bar here in attend-
 
 76 LIFE OF WM. M. EICHARDSON. 
 
 ance. At a meeting, this morning, they have 
 adopted certain resolutions in relation- to this 
 melancholy event, which they have requested 
 me to present to the court. 
 
 " In rising to discharge that duty, I cannot 
 but feel how poor is language to give utterance 
 to the emotions which this dispensation of Prov- 
 idence has excited. And sad and deep as is 
 the affliction of our association, I cannot but re- 
 flect how small is our circle compared with the 
 thousands, whose heart-felt sorrows shall conse- 
 crate the memory of him, who is now no more. 
 " It is not our fraternity only — not the popula- 
 tion of a single county — nor of the whole state, 
 who for twenty-two years have been witnesses 
 to the display of his pre-eminent virtues as a 
 man, his distinguished talents as a magistrate, at 
 the head of our highest judicial tribunal ; — not 
 these alone are now called upon to deplore this 
 loss. Although the late Chief Justice was a 
 native of New Hampshire, the early part of his 
 professional career was passed in a neighboring
 
 LIFE OF WM. M. RICHARDSON. 77 
 
 commonwealth, where the estimation in which 
 he was held was evinced by the highest honors 
 within the gift of the citizens of the district 
 where he resided. Soon after his return to his 
 native state, he was in 1816, appointed Chief 
 Justice of tiie Superior Court of Judicature, 
 the duties of which office he discharged to the 
 day of his death. 
 
 " He is the only individual, since the forma- 
 tion of our government, who has held that of- 
 fice for so long a period, or died in commission. 
 
 '' Of his high legal learning — of the untiring 
 industry with which he devoted himself to the 
 duties of his station — the annals of our juris- 
 prudence are an endearing memorial. To his 
 candor, frankness, integrity and impartiality, 
 the unwavering confidence of the whole com- 
 munity, for near a quarter of a century, has af- 
 fixed its seal. 
 
 " The respectful attention with which he has 
 ever treated the elder members of the profession 
 — the kind and affectionate encouragement with
 
 78 LIFE OF WM. M. RICHARDSON. 
 
 which he has cheered the imperfect, but well-, 
 intended efforts of the less experienced — the 
 patience with which he has borne our faults — 
 the mildness with which he has corrected our 
 errors — the courtesy which, at all times, and un- 
 der all circumstances, he has extended to us — 
 cannot fail to make his memory dear to every 
 member of the profession. 
 
 " Accustomed as we have been to associate 
 his presence with our professional duties, it is 
 difficult to realize the truth, that we are never 
 again to see him presiding over our judicial tri- 
 bunals — that the place, which has so long 
 known him, ' shall know him no more forever.' 
 
 "If it be that 
 
 " The path of glory leads but to the tomb," 
 
 the virtues that have adorned his course shall 
 still shed their brightness over the gloom which 
 his death has occasioned. 
 
 " Although his sun has gone down, its radi- 
 ance shall long be reflected from the heavens. 
 
 ^' There are few of us now at the Bar, whose
 
 LIFE OF WM. M. RICHARDSON. 79 
 
 professsional life has not commenced since his 
 accession to the office of Chief Justice — very 
 few of us whose whole professional education 
 has not been guided and encouraged by his 
 care and kindness. 
 
 " Not then, as citizens merely, mourning the 
 loss which our state has sustained — not as mem- 
 bers of the profession only, rendering formal 
 honors to official station — but as children gath- 
 ering around the grave of a respected, honored 
 parent, we come forward to pour forth the of- 
 ferings of filial regard and affection. 
 
 " If we may not be personally present at the 
 last solemn rites with which his body is this day 
 to be consigned to the earth, it is our desire to 
 withdraw from the usual avocations of this place, 
 that our minds may contemplate his elevated 
 character, and dwell upon and cherish the fond 
 remembrance of his virtues." 
 
 At the conclusion of this touching and elo- 
 quent address, Mr. Bartlett presented the reso- 
 lutions ; after the reading of which his Honor,
 
 80 LIFE OF \VM. M. RICHARDSON. 
 
 Judge Upham, presiding, remarked as fol- 
 Ibws : — 
 
 " The death of the Chief Justice of the Su- 
 perior Court, who is also one of the Justices of 
 this Court, is an event coming very near to those 
 who have been associated with him on the 
 Bench, to the members of the Bar, and the 
 whole community. 
 
 " The deceased has presided in all the adju- 
 dications of legal rights in our Courts, for the 
 last twenty years. He has thus become known 
 to every citizen in the community, and has pass- 
 ed his judgment upon their dearest and most 
 essential interests. He has not often had the 
 imputation of error cast upon him, and never 
 that of wrong motive, and in an uncommon de- 
 gree has throughout his life commanded the re- 
 spect and esteem of all who have ever known 
 him. 
 
 " He has done more towards forming the law 
 of this State than any other individual, and his 
 recorded legal decisions will be high authority
 
 LIFE OF WM. M. RICHARDSON. 81 
 
 through time. His literary taste and acquire- 
 ments endeared him to the scholar, and his 
 kindness and amenity to those of every age. 
 
 " His quickness of intellect, his strength of 
 mind, vivacity of imagination, and uniform 
 cheerfulness, even under great bodily suffering, 
 ever enabled him to diffuse intelligence, and hap- 
 piness around him. 
 
 " In his family relations no one has ever been 
 more beloved, or can be more lamented. 
 
 *' He has discharged his duty faithfully to the 
 state, and honorably to himself, and his death 
 is a public calamity. 
 
 "These halls which still seem to resound 
 with his voice, and which are so associated with 
 bis memoryj can no longer witness his efforts in 
 aid of right ; his ear is now dull that it cannot 
 hear the voice of the advocate ; his lips are now 
 sealed in silence, and his spirit has gone to God 
 who gave it. 
 
 " It becomes us to pause a moment in the 
 midst of our labors, as parties, and Jurors, and 
 
 8
 
 82 LIFE OF WM. M. RICHARDSON. 
 
 witnesses, and members of the Bar, and the 
 Court, and learn the transitoriness of the pur- 
 suits in which we are so zealously engaged, and 
 how soon we also shall pass away, and be known 
 only in our recorded acts, or traditionary re- 
 membrances. 
 
 " Let this lesson, coming so unexpectedly 
 upon us, teach us to look forward to such an 
 event, and, while we are spared, cause us to 
 imitate the example of the deceased, that our 
 lives may be as useful, our death as much la- 
 mented, our memory as dear." 
 
 He cordially acceded to the request expres- 
 sed by Mr. Bartlett ; and the court was adjourn- 
 ed for that day. 
 
 The beautiful and feeling remarks of both 
 
 gentlemen, which we have transcribed, were but 
 the spontaneous bursts of affection from their 
 hearts, that found utterance from warm and 
 grateful lips.
 
 CHAPTER VIIT. 
 
 There was much in Chief Justice Richardson's 
 personal appearance, to induce the beholder 
 to imagine that a master-spirit dwelt within. 
 There was that in his air and manners, indica- 
 tive of superior intellect, and which in the most 
 casual observer would attract the attention that 
 always attaches itself to the man of uncommon 
 genius. 
 
 He was about the middling stature, with an 
 easy and graceful carriage, and a manly and 
 commanding deportment. His form was erect 
 and well proportioned ; but for many of the 
 last years of his life, he was troubled with a 
 lameness — the effect of the severe fever we
 
 84 LIFE OF WM. M. RICHARDSON. 
 
 before noticed. In his youth he was consider- 
 ed remarkably handsome, but as he increased 
 in years his beauty was changed to an expression 
 of deep thoughtfulness. But much more ex- 
 pressive of his extraordinary talent was his coun- 
 tenance — " the unfailing index of the mind." 
 
 His features were regular ; his forehead high 
 and broad, and his hair dark as the raven's plum- 
 age, though in a later period of his life " a sable 
 silvered." His eyes were black and piercing, 
 and, when he was excited, sparkled with ani- 
 mation. 
 
 In ordinary conversation he was ever new, 
 and ever interesting : instruction was always ob- 
 tained from intercourse with him, so great was 
 his learning and so vast the extent of his ac- 
 quirements. But in his public speeches he ex- 
 hibited strength and energy that has been rare- 
 ly surpassed — his feelings were enlisted in the 
 opinion he maintained. Then his dark eye 
 kindled and flashed from the intensity of his 
 emotion, and his voice, ever musical, rose to a
 
 LIFE OF WM. M. RICHARDSON. 85 
 
 power that gave effect to his language. His 
 taste for hterary pursuits was remarkable; age 
 and care diminished it not; and he acquired 
 several lansfuages of the different nations of Eu- 
 rope after his appointment to the Justiceship. 
 His knowledge was immense and various. On 
 whatever subject he conversed, he could always 
 advance novel and correct observations. He 
 was familiar with the ancient, and many of the 
 modern tongues ; and was accustomed to peruse 
 many favorite works in both. He acquired the 
 Spanish language, so as to read it fluently, but 
 a very brief space before his death. 
 
 A just taste and pure style prevailed through- 
 out all his writings. Whether we examine his 
 papers upon legal topics, or his own spontane- 
 ous productions, we are charmed with the accu- 
 racy and grace of his expressions. And indeed 
 this was the legitimate result of his classical pro- 
 pensities and studies. He used frequently to 
 review the Latin and Greek writers whose beau- 
 
 *£
 
 86 LIFE OF WM. M. KICHARDSON. 
 
 ty he had dwelt upon in college ; and perused 
 the scriptures much in the original tongue. 
 
 In his official capacity, Chief Justice Rich- 
 ardson was the soul of honor. The only ob- 
 jection we ever recollect of having heard against 
 his character as Qliief Justice was, that he was 
 sometimes hasty in forming and expressing his 
 sentiments, before he had heard the whole case ; 
 if he erred in that respect it could scarcely detract 
 from his merit as a Judge, as he had no pride of 
 opinion, but was always ready to rectify his mis- 
 takes the moment he detected them. 
 
 Hon. Joel Parker, of Keene, the present Chief 
 Justice delivered a charge to the Grand Jury to 
 which was afterwards added a sketch of the life 
 and character of Judge Richardson. From this 
 we take the liberty of quoting a passage. 
 
 " The qualites required for successful exertion 
 in the learned professions may, perhaps, not be 
 inferior to those which enable their possessor to 
 set a squadron in the field, or to direct the array 
 of a battle j and Chief Justice Richardson exhib-
 
 LIFE OF WM. M. KICHARDSON. 87 
 
 ited them in a high degree of perfection. To an 
 unspotted integrity, and conscientious faithfulness 
 was added great patience — a most important 
 quahfication for such a station ; and a long ad- 
 ministration attested that he possessed it in a 
 remarkable degree. Urbane towards the gentle- 
 men of the Bar, courteous to witnesses, and ex- 
 tending to litigants an impartiality which often 
 left in doubt his opinion upon contested ques- 
 tions of fact; a suspicion of attempted fraud, or 
 probability of injustice roused him to take a de- 
 cided stand in favour of that side which appear- 
 ed in danger of suffering wrong ; and while cau- 
 tious to impress upon a jury the principle that 
 fraud and bad faith were not to be presumed, 
 the tones of indignation with which he denoun- 
 ced them were the consequence of a deep love 
 of justice, and desire that the right should pre- 
 vail. But while he was thus firm in resisting 
 whatever seemed to savor of injustice, the in- 
 dividual arraigned as a criminal was usually a 
 subject of compassion, and his administration of
 
 88 LIFE OF WM. M. RICHARDSON. 
 
 that branch of judicature was based upon the 
 humane principle that it is better that many 
 guilty should escape than that one innocent 
 person should suffer." 
 
 He was patient in the investigation of causes 
 upon which he was to decide, and never formed 
 a final opinion, until he had taken every possi- 
 ble care to secure its correctness.* 
 
 It is really wonderful as well as gratifying, 
 that he was so universally liked. We are 
 aware that the adage "niZ de mortuis nisi bon- 
 uni" is in practice as widely now as in ancient 
 times. But we have had ample opportunities 
 even during his life-time, for hearing faults found 
 with him, if any could be observed, and are 
 free to say that the sole one we ever knew re- 
 marked was that we have noticed above. 
 
 His intuitive knowledge of character is un- 
 
 * It was the remark of a friend of Judge Ricliardson, that it 
 might be said of him with truth, that in all his Charges to the 
 Grand Jury, he embraced in his remarks some fundamental 
 principle, in reference to the crcat interests of community. It 
 was willi tliis view that he delivered the address on Temper- 
 ance before that Jury, which Rev. Mr. Clement calls, " one of 
 the first movements of the great cause iii this state."
 
 LIFE OF WM. M. RICHARDSON. 89 
 
 questionably one cause of this attachment with 
 which he has ever been regarded. Though 
 placed in many situations where it seemed that 
 he could not come forth unharmed, yet like the 
 patriarchs of old, he passed through the fiery 
 ordeal without a scorch. 
 
 His imperfections he certainly had, but they 
 were apparent to few. The ardor of his tem- 
 perament was perhaps one grand reason for all 
 the defects that can be discerned in him, and to 
 this may be imputed that hastiness in forming 
 opinions, which we just mentioned. It can 
 hardly be imagined, that such astonishing and 
 brilliant quahties could be conferred upon one 
 man with no imperfections. But it is neverthe- 
 less true, that their number was proportionately 
 exceedingly small. 
 
 Our work is now completed. In the forego- 
 ing hasty memoir, only the most prominent 
 events in the life of Judge Richardson have 
 been related. Perhaps some future chronicler 
 may deem it his duty to compile a longer and
 
 90 LIFE OF WM. M. RICHARDSON. 
 
 more perspicuous biography. We are well 
 aware that in our brief narrative we have in no 
 instance done justice to the merits of its sub- 
 ject. To have awarded him that praise which 
 his actions deserved, would have required a 
 style as polished, and powers as brilliant as his 
 own. But with many, his virtues need no en- 
 comiums ; they 
 
 " Are graven on the tablets of men's souls, 
 And while man lives, they cannot be effaced."
 
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