Cleveland Past and Present: Its Representative Men Part 25

As a member of the legal profession, both on the Bench and at the Bar, as the chief magistrate of the city, and as an United States revenue officer, and as a citizen of Cleveland, Samuel Starkweather has held honorable prominence for forty years.

He was born in the village of Pawtucket, Ma.s.sachusetts, on the border of Rhode Island, a village celebrated as the seat of the first cotton manufactures in the United States. He was the son of the Honorable Oliver Starkweather, an extensive and successful manufacturer, and grandson of the Honorable Ephraim Starkweather, who was prominent among the patriots of the Revolution.

The subject of this sketch worked on a farm until nearly seventeen years of age, when he began to fit himself for college, after which he entered Brown University, Rhode Island, where he graduated with the second honors of his cla.s.s, in the year 1822, and was soon afterward elected a tutor in that inst.i.tution, which position he held until the year 1824, when he resigned, to commence the study of the law, which he pursued in the office of Judge Swift, in Windham, Connecticut, and afterwards in attendance upon the lectures of Chancellor Kent, of New York. He was admitted to the Bar of Ohio at Columbus, in the Winter of 1826-7, and soon after settled in Cleveland, then a village of a few hundred inhabitants, and was recognized as a lawyer of learning and ability in this and the adjoining counties.

Mr. Starkweather was prominent among the leaders of the Democratic party of this State, when its principles were well defined, and was a strong adherent to the administrations of Presidents Jackson and Van Buren, but his being always in the political minority in the part of the State in which he lived, prevented those high political preferments which otherwise would have been conferred upon him. In this connection it is proper to say, that for Mr. Starkweather to have attained the highest eminence in the legal profession, it was only necessary that he should have made it his specialty.

Under the administrations of Presidents Jackson and Van Buren, Mr.

Starkweather held the office of Collector of Customs of this District, and Superintendent of Light-Houses, and under his supervision most of the sites were purchased, and the light-houses erected on the Southern sh.o.r.e of Lake Erie. He continued to hold these offices in connection with his practice of the law, until 1840.

In 1844, Mr. Starkweather was elected Mayor of the city of Cleveland, having previously taken a leading part in the City Councils. He was re-elected in 1845, and was again elected Mayor in 1857, for two years, and in these positions was active in promoting those improvements in the city which have tended to its prosperity and beauty. To Mr. Starkweather the public schools of the city are much indebted for the interest which he has always taken in their behalf; and to his advocacy and efforts, with those of Mr. Charles Bradburn, the High School of the city owes its first establishment.

In the early struggles for advancing the schemes of railroads, the accomplishment of which has made Cleveland the great city of commerce and manufactures, no one was more active than Mr. Starkweather. When the project of building the Cleveland & Columbus road was at a stand-still, and was on the point of being, for the time, abandoned, as a final effort a meeting of the business men of Cleveland was called. The speech of Mr.

Starkweather on that occasion, parts of which are quoted to this day, had the effect to breathe into that enterprise the breath of life, and from that meeting it went immediately onward to its final completion. So well were the services of Mr. Starkweather in behalf of that road appreciated at the time, that one of the Directors proposed that he should have a pa.s.s upon it for life.

Mr. Starkweather, in 1852, was the first Judge elected to the Court of Common Pleas for Cuyahoga county, under the new const.i.tution of the State, in which position he served for five years with ability and satisfaction to the members of the Bar and the public generally. For a considerable portion of his term, the entire docket of both civil and criminal business devolved on Mm, when an additional Judge was allowed the county. He presided at some very important State trials, in which, as in the disposition of a very large amount of civil business, he exhibited abundant legal learning and judicial discrimination.

Since he retired from the Bench he has been known as a citizen of wealth, of retired habits, but of influence in public affairs, and retaining to the full the conversational gifts which have made him the life and charm of social and professional circles. Indeed it may be said that either at the Bar, in well remembered efforts of marked brilliancy as an advocate, or on the Bench, occasionally illuminating the soberness of judicial proceedings, or in a.s.semblies on prominent public occasions occurring all through his life, eloquence, wit and humor seemed ready to his use. A fine _belle lettres_ scholar, cla.s.sical, historical and biographical adornments and incidents seemed always naturally to flow in to enrich his discourse, whether in private or public. He has often been spoken of as of the Corwin cast, perhaps a slight personal resemblance aiding the suggestion. He certainly has the like gifts of the charming conversationalist and the popular orator, in which last capacity, for many years, he was the prompt choice of the public on leading occasions, such as at the grand reception given to Van Buren after his defeat in 1840; the magnificent reception tendered by the city to Kossuth; at the completion of the Cleveland & Columbus Railway on the 22nd of February, 1852; at the dedication of Woodland Cemetery, and at many other times when the public were most anxious to put a gifted man forward.

[Ill.u.s.tration: Truly Yours, Moses Kelly]

Moses Kelly.

The subject of this sketch was born January 21st, 1809, in the township of Groveland, now county of Livingston, then county of Ontario, State of New York. He was the oldest son of Daniel Kelly, who emigrated from the State of Pennsylvania to Western New York in the year 1797. He is of Scotch-Irish descent in the paternal line, and of German descent on the side of his mother. His great grandfather, on his father's side, emigrated from the North of Ireland to America, early in the eighteenth century, and settled in the State of Pennsylvania, within a few miles of the city of Philadelphia; his grandfather, born there, was a Revolutionary soldier.

Mr. Kelly lived with his father, on a farm in Groveland, until he was eighteen years old, having the usual advantages, and following the ordinary pursuits of a farmer's son.

At the age of eighteen he entered the High School on Temple Hill, in the village of Genesee, Livingston county, New York, and commenced preparing for college, under the tuition of that eminent scholar and accomplished educator, the late Cornelius C. Felton, who subsequently became President of Harvard University. Mr. Kelly entered the Freshman cla.s.s at Harvard in 1829, and graduated with his cla.s.s in the year 1833. He immediately commenced the study of the law, with the late Orlando Hastings, Esq., of Rochester, N. Y., and read three years in his office and under his direction, when he was admitted to practice. He came to Cleveland in the year 1836, and formed a law copartnership with his old friend, college cla.s.smate and chum, the Hon. Thomas Bolton; the firm name was Bolton & Kelly. This partnership continued until the year 1851, when S. O. Griswold Esq., who had been their law student, was taken into the firm; the firm name thereafter being Bolton, Kelly & Griswold. This connection continued until the close of the year 1856, when Mr. Bolton was elected Judge of the Court of Common Pleas. Since Judge Bolton retired from the firm Messrs.

Kelly & Griswold have continued the practice of law under that firm name, and are still engaged in the practice.

Mr. Kelly has made commercial law and equity jurisprudence his special studies, and in these branches of the law his great skill and learning are acknowledged by all his brethren. Indeed, as an equity lawyer he stands at the head of the profession.

It will be seen from the year 1836 until the present time, Mr. Kelly has devoted himself closely to the practice of the law; the only interruption to this was a two years service as State senator in the legislature of Ohio during the years 1844 and 1845. He was elected to the senate by the Whig party of the counties of Cuyahoga and Geauga, these two counties then composing one senatorial district. During the first session of the General a.s.sembly, of which he was a member, the Democrats had a majority in the Senate while the Whigs had the control of the lower house. As is usual when a legislature is thus politically divided, no measures of general interest were adopted. But there happened during that session to arise a question which showed Mr. Kelly's independence, and true character. The Democracy had made complaint of the Whig extravagance and laid great claim on their own part to retrenchment and economy in the State administration.

The Whigs to make political capital, proposed a bill reducing the salaries of all State officers; the salary of the Judges was put at $750 per year and the pay of all other State officials in the same ratio. The measure was adopted by the party caucus, and was carried through the lower house.

It was hoped by many that the Senate, being Democratic, would defeat the bill, and thus the Whigs would have credit for great economy at the expense of the Democrats. But when it came to that body, the Democracy, not to be out done by their opponents, favored the bill.

Mr. Kelly, singly and alone of all his party, opposed the measure, and spoke and voted against it. The bill was finally carried but was repealed in the course of a year or two afterwards.

The most prominent subject before the legislature at the second session was the establishment of a suitable banking system for the State. The business men of Cleveland were in favor of free banks, but the great body of the Whig party were strongly in favor of a State Bank and branches, and having a majority in both houses in the session of 1845 were determined to establish that system. Mr. Kelly succeeded in engrafting upon the State Bank scheme the Independent Bank system, with State stocks pledged to secure the circulation, and also in adding additional checks and safeguards to the State Bank. His efforts in this direction were duly appreciated by his const.i.tuents, and at a public meeting, called by the princ.i.p.al business men of the city, irrespective of party, his action on the Bank bill was specially approved.

It is to be observed also that the present National Bank system is modeled after the plan of free banking advocated by Mr. Kelly at that time.

During the same session a question arose in which Mr. Kelly took an active part, in opposition to the great body of his party, the event of which vindicated his sagacity and practical statesmanship. The question was upon a bill to grant to the Ohio Life and Trust Company authority to issue bills to circulate as currency, to the extent of half a million of dollars. At the time this bill was introduced no banking System had been adopted by the legislature; most of the charters of the old banks had expired prior to that time, and the State was without an adequate bank circulation of its own. The chief stockholders and managers of that corporation were men of high character and great wealth. The company had been successfully managed, and its credit was then deservedly high. Also the princ.i.p.al men of the company were leading Whigs, among these were Judges Jacob Burnett and John E. Wright of Cincinnati, Nathaniel Wright of Cincinnati and Alfred Kelley Esq., who was also at the same time a member of the senate from the Franklin district, and this application on the part of the company was backed by the presence and Personal influence of these gentlemen. The plea made by this company for this additional banking privilege was exceedingly plausible, and the measure was approved in a caucus of the Whig members almost without inquiry. The bill was introduced into the Senate by the Hon. Alfred Kelley, and its success was considered certain. Mr. Moses Kelly, alone of his party, expressed his opposition to the bill. Urged as the measure was by so many leading men,'

and introduced by the acknowledged leader of the party, it seemed that such opposition must be fruitless. But on the third reading of the bill Mr. Kelly attacked it in a speech of great vigor, and strength of argument. He opposed it as unjust towards any banking system that might be established and as unwise in giving additional privileges to an already powerful corporation. Bat he opposed it chiefly because it gave to the corporation power to issue bills as money simply on individual security. He contended that whenever the State permitted any corporation or organization to issue bills to pa.s.s as money the faith of the State should be pledged to their ultimate redemption. While paying a high compliment to the ability and integrity of the managers of the Ohio Life and Trust Company, he declared there was no security but what in the future it might pa.s.s into the control of Wall street shavers and brokers, and from thence to ruin, and the people of the State left remediless with a worthless circulation in their hands. His vigorous opposition, and the strength of his argument awakened the attention of the party to the evils of the measure, and notwithstanding its powerful backing, the bill was effectually killed by Mr. Kelly's speech.

Mr. Alfred Kelley was greatly grieved at the failure of this measure. He however lived to see his error, and the ruinous failure of that company through the recklessness of the Wall street management into whose hands, as had been predicted, that company finally fell. Judge John C. Wright, now in Columbus, advocated the aforesaid measure. He was then the senior editor of the Cincinnati Gazette, and the influence of his paper was given to the bill. Although old, he was in the full enjoyment of his powers of intellect, and at that time wielded a great influence in the political affairs of the State. It happened that he was present in the senate chamber when Mr. Kelly made his speech against the bill; although chagrined at the defeat of the measure in which he had such personal interest, so struck was he with the originality and force of the argument of Mr. Kelly, and with his independence of character, and ability to rise above mere party considerations in his legislative career, that he sought Mr. Kelly's personal acquaintance, and during the remainder of his life there existed a warm personal friendship between them.

At the expiration of his term of service Mr. Kelly returned to the practice and ever since has devoted his energies to his profession. The office of Bolton & Kelly has been the school of many prominent lawyers.

Among the members of the Cleveland Bar who studied under them are Messrs.

F. T. Backus, George Willey, John E. Cary and his present partner, Mr.

Griswold. Mr. Kelly was City Attorney in the year 1839, and a member of the City Council in 1841. While he was in the Council he was active in support of the Lake Sh.o.r.e improvement, which stopped the rapid encroachment of the Lake upon the sh.o.r.e in front of Lake street.

In 1849, Mr. Kelly was appointed by the legislature one of the Commissioners of the city of Cleveland to subscribe on behalf of the city to the capital stock of the Cleveland & Pittsburgh Railroad Company. He accepted the trust, and for a number of successive years thereafter, until the stock of the city in that road was disposed of, was chosen a Director of the Cleveland & Pittsburgh Railroad Company, to represent the interests of this city in the capital stock of that company.

In September, 1866, he was appointed by President Johnson District Attorney of the United States for the Northern District of Ohio, and held the office until the next March, not having been confirmed by the Radical senate for the reason that he had been a member of the Philadelphia Convention of the previous summer.

On the organization of the City Bank of Cleveland under the law of 1845, Mr. Kelly became a stockholder therein and was a director, and its attorney, during its existence, and has continued in the same connection with the National City Bank which succeeded the former. He also for a number of years has been a director and attorney of the Cuyahoga Steam Furnace Company.

Mr. Kelly was one of the organizers of St. Paul's Episcopal church, and has always remained a liberal supporter of the same.

He was married in the year 1839 to Jane, the daughter of Gen. Hezekiah Howe, of New Haven, Conn.

In 1850, Mr. Kelly purchased a tract of about thirty acres, being a part of what was then known as the "Giddings farm," fronting on Euclid avenue, a short distance East of Willson avenue. Here he soon after erected a tasteful dwelling, where he has since resided, and where in the leisure s.n.a.t.c.hed from professional avocations he has gratified his taste for horticultural and agricultural pursuits.

In person Mr. Kelly is tall and spare, and dignified in demeanor, and although he has reached three score, he is still active and in good health. His character for integrity is unblemished and in his long professional career has never been known to uphold or defend a dishonorable cause. His rule has been to decline advocating causes which, in his judgment, have neither merits nor justice. In social intercourse he is affable and genial, and in public, private and professional life, has always commanded the respect, esteem and confidence of his fellow men.

Firm in his convictions of duty, and resolute in doing it, yet so respectful and courteous to opponents is he that he may be said to be a man without an enemy.

The great rise in real estate and his professional earnings have rendered Mr. Kelly, if not what in these days would be called wealthy, comparatively rich, and surrounded, as he is, by an affectionate family and kind friends and possessed of all the enjoyments which culture and a successful life brings, we trust he may long continue amongst us.

Thomas Bolton.

It has been said of history, that it should never venture to deal except with periods comparatively remote. And this was doubtless true when literature was venal, or in any way subservient to royal or to party power.

It has been alike suggested of biography, that it cannot be securely trusted in the portrayal of the living. And this is no doubt true where political or partisan objects are sought to be subserved. But with this exception the most faithful portraits may naturally be expected where the subjects of them are before us, and familiarly known to us. And so that the hand refrains from those warmer tints which personal friendship might inspire, and simply aims at sketches which the general judgment may recognize and approve, the task, however difficult, cannot be said to be unsafe.

Thomas Bolton was born in Scipio, Cayuga county, New York, November 29th, 1809. His father was an extensive farmer in that section of western New York, where rich fields, and flowing streams, and beautiful scenery, are happily combined.

At seventeen he entered the High School on Temple Hill, in Geneseo, where he fitted for college; and in the Fall of 1829, he entered Harvard University, where he graduated in 1833, the first in his cla.s.s in mathematics. In this connection, it is pleasant to advert to the fact that his most intimate schoolmate, cla.s.smate and fellow graduate, was Hon. Moses Kelly, who was afterwards his partner in the law for many years at Cleveland, and that between the two from boyhood down to the present day, there has been a steadfast and unbroken life-friendship almost fraternal, both now in affluence, but still living side by side.

Such life-long friendships are unusual, but whenever they do exist, they imply the presence in both parties of true and trusty qualities which preserve their character as pure cement, exposed to any atmosphere, or tried in any furnace.

[Ill.u.s.tration: Yours Truly, Thomas Bolton]

After graduating, Mr. Bolton entered upon the study of law at Canandaigua, in the office of John G. Spencer, now deceased, but then a strong and distinguished name in the profession. At the end of a year he came west, to seek a permanent location to further pursue his studies and enter upon the practice, first stopping at Cleveland, on finding that any further west was hardly within the pale of civilization. Cleveland itself was then, September, 1834, but a mere village, of about twenty-five hundred inhabitants. Superior street had not been graded, and at its western terminus was higher than the first story of the At.w.a.ter Block, and the bank of the lake extended fifteen rods out beyond the present Union Depot. The village did not become a city till 1836, when at a public meeting to determine upon the corporate limits, Mr. Bolton was appointed on a committee to draft the charter, and urged that both sides of the river should be embraced, but was overruled, and Ohio City was established on the other side of the river as a sort of rival, but since consolidated with Cleveland. His connection with city affairs was renewed as Councilman in 1839, and as Alderman in 1841.

But to go back to his professional life. Having studied law in the office of James L. Conger, at Cleveland, for a year, he was admitted to the Bar in September, 1835, by the Supreme Court of Ohio, on the Circuit, Chief Justice Peter Hitchc.o.c.k, that Nestor among judges, then presiding. He was in partnership with Mr. Conger for a year, when he bought him out and sent for his old college friend, Mr. Kelly, with whom he formed a partnership, which continued until the Fall of 1856, a period of twenty years, when he was elected to the Bench.

As bearing upon his political career, it may be narrated, that in the Fall of 1839, he was elected prosecuting attorney of the county, at which time the Whig party was largely in the ascendancy, commanding from 1,500 to 2,000 majority, though he was a Democrat and nominated by the Democrats for the office. Two years later, at the expiration of his term, he was strongly solicited by both parties to take the office another term, but declined in consequence of the inadequacy of the salary.