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The Judicial and Civil History of Connecticut

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The Judicial and Civil History of Connecticut TheJudicialandCivilHistoryofConnecticut CalhounDwightLoomis,Joseph Gilbert THE Judicial a nd Civil History OF CONNECTICUT. EDITEDY B HON. D WIGHT LOOMIS, LATE A J UDGE OF THE SUPREME COURT OF THE STATE. AND J. G ILBERT CALHOUN, OFHE T HARTFORU BAR. BOSTON. M ASS. THE B OSTON HISTORY COMPANY, PUBLISHERS. PREFACE. While t he constitutional history of the United States has been exhaus tively written, that of its several units has received far less attention, and the study given to them has mainly concerned their relations to the national government. Yet the growth of such a State as Connecti cut is a study full of instruction. It deals with a more homogeneous population, it begins much nearer the early struggles for civil liberty in the land from which we fled, it extends over a period of time more than twice as long, with more conspicuous contrasts in its extremes, and it lacks the complex elements of the greater field. An effort has been made in the pages following to record this development in a dif ferent manner from any previous work and to show, in broad lines, the successive steps between the migrating Massachusetts towns and the present State. In a dding biographical sketches of the members of the bar it ought, in justice, to be said that no attempt has been made to grade or classify attorneys now living. It would be presumptuous in the extreme for the editors to attempt to arrange their brother lawyers in any order of merit, and, whatever may be the failings of this work, we have not fallen into such an error. So far as possible all available material con cerning each name has been used and, as some persons have responded more freely than others, there has resulted a difference in the length of the notices. It cannot be said that any are too long, but it is true that many are too short. sIt i believed that the biographies of living lawyers given herein in clude ninety-five per cent, of the entire number who are in active prac tice, or who have made the law their life work. A very small number, fewer than the fingers of one hand, have requested to be left unmen iv P REFACE. tinned. A mong these is unfortunately included the chief justice of the State. Of the remainder, some have been inflicted with over modesty and some, the great majority, have been so engrossed with the cases that absorb so much of the life of the lawyer, that they have not found time to furnish the information desired. It is a matter of great regret that any name has been omitted, but to have waited till the last one had given his history would have delayed the work unduly. The e ntire number who have been enrolled as members of the bar is upwards of thirty-three hundred. Some of these have practiced but a brief period and turned then to commercial life, or moved to other States. Others have gone before the Great Judge of all the world, and left no other record of their lives than the brown and musty files of for gotten cases, that resemble nothing so much as the bullets that we now plow up at Gettysburg or Antietam. The historian knows no sub- posna that will now summon them or produce their record. CONTENTS. CHAPTER I . The S ettlement of the Colony, 1 CHAPTER I I. The C harter and the Union, ' 18 CHAPTER I II. The U surpation of Andros 28 CHAPTER I V. Development a nd Statehood, __ 37 CHAPTER V . In t he Present Century, 48 CHAPTER V I. The G rowth of the Common and Statute Law, 62 CHAPTER V II. Obsolete L aws and Punishments, _ 91 CHAPTER V III. The G eneral Assembly, .. ... ..100 CHAPTER I X. The E xecutive Officers, ..112 vi C ONTENTS. CHAPTER X . The H igher Courts, 124 CHAPTER X I. Reports a nd Reporters, . 141 CHAPTER X II fCourts o Inferior Jurisdiction, 14$ CHAPTER X III. King's a nd State's Attorneys, Clerks of Higher Courts, and Juries, 157 CHAPTER X IV. Sheriffs, C onstables, Grand Jurors and Coroners, 166 CHAPTER X V. TheBench, . .175 CHAPTER X VI. The B ar, .. 182 Biographical R egister of the Bench and Bar, 199-622 Index,.. .623-639 THE J UDICIAL AND CIVIL HISTORYF O CONNECTICUT. CHAPTER I . THE SETTLEMENT OF THE COLONY. Bv t he year 1634 the colony of Massachusetts Bay had become firmly established, with its twelve towns, its Governor and General Court, and its charter under Charles "Caesar." Constant arrivals from Eng land had added to its numbers for several years, and the character of the later comers was fully equal to that of the first. Its members had attained their full religious liberties, its government was simple but effective, its cleared fields were beginning to make husbandry more attractive, and its possibilities as a home and country were opening that long career of development that has not yet closed. The settlers were on the eastern edge of a continent whose coast line was known to ex tend hundreds of miles in each direction, but of whose limits westward nothing was determined, and hardly anything conjectured, save the in definite existence of the "South Sea." It would seem as if the soli tude of the situation, the commercial benefits of access to the seaboard, the pitiful feebleness of their numbers in comparison with the restless swarm of savages that hived in the forests behind them, a common an cestry and speech, a common object in emigration and a common relig ious faith, would have knitted this band of Englishmen in so close a bond that it would only have broken in the angry culmination of some long and bitter struggle. tBut a the May session of the General Court application was received from N ewtown for liberty to remove, and it soon became manifest that the m ajor part of four towns desired to sever their relations with the settlement a t the Bay. The real, controlling motive that actuated them i 2HE T JUDICIAL AND CIVIL HISTORY OF CONNECTICUT. is n ot known. Certainly the one they then offered — that they were crowded for land — seems absurd in view of the vast domain on whose extreme border they had just alighted. Three years before, a Mohe- gan Indian had visited Boston and Plymouth and brought word of the fertile valley lying on both banks of a great river a hundred miles to the westward. The river had been discovered by Block in 1614, but no attempt had been made to utilize his knowledge until nineteen years later, when the Dutch purchased a site at the junction of the Connecti cut and Little Rivers and erected a fort. In October, 163:), William Holmes, who had been commissioned by the governor of Plymouth to establish a trading post in that locality, boldly passed the Dutch fort and put up his house in Windsor. In the same summer also John Old- ham and three companions had penetrated to the Connecticut by an overland route, and on their return had praised the land as a goodly heritage and a promising refuge. The s canty information from these sources the four Massachusetts towns at once examined, and with an impulse to migrate controlling them, there was no further discussion as to the terminus of their journey. There was in their hearts a " strong desire " to depart. In part, at least, it came from the opposing leadership of Haynes and Hooker at Newtown and Winthrop and Cotton at Boston. No particular difference in belief was urged for the separation, the arguments are curiously temporary and hollow. But it seems plain that there was a motive that was cau tiously kept from view, lest the publication thereof lead to an unprofit able discussion and a bitter quarrel. Twenty years later such a dis pute arose in the Hartford Church, and for six years was fought with a fierceness most deplorable; but it resulted in no such parting as this, and a second in 1670 of almost equal depth drove no one further away than the Second Church. Later, when the Connecticut colony came to formulate its own government, the only feature of marked im portance in which it differed from its neighbor in the Bay was in omit ting church membership as a qualification for citizenship. Some diver gence of opinion upon this ground may have been hidden behind their arguments for greater room, the danger of Connecticut being possessed by the Dutch, and the desire for new colonization. The r easoning of the magistrates, the pleading of neighbors, the hardships of the journey, and the prospect of opening new land for meadows, tillage and homes were alike without avail against the deter mination which they had reached. A company of about sixty persons, THE S ETTLEMENT OF THE COLONY. 3 mostly f rom Newtown, arrived at Hartford in October, 1635, and de- tatched parties settled in Wethersfield in the summer and fall. A Dor chester party also settled in Windsor against the objection of Governor Bradford. They were too near the trading house that had been erected by William Holmes. But nothing further is heard of a claim on the part of Plymouth to any portion of the Connecticut valley. The winter following was one of extreme severity and the newcomers but poorly prepared to meet it. In J une, 1(I36, the real migration was effected. Under the leadership of Thomas Hooker, pastor of the church, the three Massachusetts towns moved to Connecticut.
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