Part 25

From Warren he removed to Ravenna, in the adjoining county of Portage. He had not long been in the county before the people recognized the abilities and power of Mr. Spalding, and he was chosen to represent that county in the State Legislature. The contest for the position was sharp, for Mr. Spalding was a new man in the county, and it was considered by many proper that older residents should represent so important a constituency. But the recognized ability of Mr. Spalding outweighed all objections on the ground of recent residency, and he was elected by a majority of one.

During his term in the Legislature, and mainly through his efforts, the county of Summit was erected, and Mr. Spalding at once became a resident of the new county by removing his place of residence to Akron. At the next election he offered himself as a representative of Summit in the legislature, and was accepted. On the organization of the House of Representatives he was chosen speaker, and won the approbation of the whole body by the ability and impartiality with which he presided over the proceedings. During this term of office the question of repudiating the State debt was broached. Mr. Spalding took strong ground against such a course, holding it not only disgraceful but suicidal. In this he was supported by the late John Brough, then Auditor of State, and largely through the bold and persistent opposition of these gentlemen the scheme was dropped.

In the Legislative session of 1848-9, the two houses of the General Assembly united in electing Mr. Spalding a judge of the Supreme Court of the State for the constitutional term of seven years. But when four years of the term remained unexpired, the operation of the new constitution ended the pending terms of all offices, and devolved the election of Supreme Court judges upon the people instead of on the General Assembly. Judge Spalding declined being a candidate for the office in a popular canvass, and so the advantages of his ripe legal and judicial knowledge was lost to the Bench of the State. Concurrent testimony shows that no decisions were held in greater respect by the lawyers and the public, for their uprightness and justice, whilst to the legal fraternity in particular, they commended themselves by their logical force, and terse, clear, emphatic style and precision of expression that rendered them models of judicial literature. His judicial opinions are contained in volumes 18, 19 and 20 of the Ohio Reports.

On his retirement from the Bench of the State, Judge Spalding returned to the practice of the law with renewed ardor. Cleveland, presenting a wider field for the exercise of his abilities, he removed to that city and at once took front rank among the many able members of the profession. His profound knowledge of the law, power as a debater, and his ability of creating a strong impression on both courts and juries, built up for him an extensive and lucrative practice. When he spoke he carried conviction, it being all but impossible to resist the solid array of arguments and terse, incisive style. The same characteristics that made him afterwards so powerful in Congress had great effect on the most intelligent juries, and exercised a marked influence on the judges engaged in trying the causes in which he was interested as advocate.

Although the law claimed his first attention, and was his choice, Judge Spalding was no indifferent spectator of the course of politics. He had been trained a Democrat, and was a powerful worker in that party. But all his convictions were on the side of justice and freedom, and when, in 1850, the Fugitive Slave Law wedded Democracy to slavery, Judge Spalding, in common with thousands of others, broke through the party traces, and joined the "Free Soil" party, opposed to the extention of slavery. At the Free Soil convention of 1852, he was an active and prominent delegate, and on his nomination, John P. Hale was made the candidate for the Presidency.

On the formation of the Republican party, pledged to the restriction of the slave power, Judge Spalding took an active part in carrying out the principles of that organization. He was a member of the Pittsburgh Convention of 1856, at which the party was organized, and was a delegate at large for the State of Ohio at the Philadelphia Convention that nominated John C. Fremont. From that time he labored earnestly for the success of Republican principles, and the good effect of his efforts were frequently acknowledged by the party.

In October, 1862, he was chosen to succeed Mr. Riddle as Representative of the Eighteenth Congressional District in Congress. The wisdom of the choice was almost immediately made manifest. Judge Spalding had not long occupied his seat in the House of Representatives before "the member from the Cleveland District" became noticed for the interest he took in questions of importance, the soundness of his views, and the ability with which they were urged. He took part in all the leading debates, and with such effect that he commanded the attention of the House whenever he spoke, and the leaders listened respectfully to his suggestions. He was appointed a member of the Standing Committee on Naval Affairs, and of the Committee on Revolutionary Pensions, and on the formation of a Select Committee on the Bankrupt Law, he was made its Chairman. In committee he was noticeable for his punctuality, patient and conscientious attention to the drudgery of committee work, and the system with which he was enabled to despatch large amounts of it satisfactorily.

In 1864, he was re-elected to his seat, and in that term was made a member of the Standing Committee on Appropriations, and retained his former position on the Committee on Bankruptcy, the chairmanship of which was held by Mr. Jenckes. In this Congress Judge Spalding took a leading part in the important debates on the subject of Reconstruction, and impressed his influence on the Legislation upon this matter. In the early days of the session he made a speech, in which he indicated the measures he regarded best adapted for the for the purpose of properly reconstructing the rebel States. The speech attracted great attention, both within and without Congress, and the suggestions therein contained were for the most part subsequently adopted, and worked into the Reconstruction Laws. The military features of Reconstruction, which formed an integral part of the legislation, originated in an amendment proposed by Judge Spalding, when the first Reconstruction Bill of Thaddeus Stevens was presented.

In 1866, he was again re-elected to Congress, his national services, as well as his fidelity to the local interests of his constituents, having secured for him that distinguished compliment. In this Congress he continued to occupy a prominent position, and was recognized as one of the leading men on the Republican side, though not so thoroughly partizan as to accept all the measures proposed in the name of the Republican party. He differed occasionally with the dominant section of the party, when he believed their zeal outran discretion and sound policy, and the judgment of the country has in most cases pronounced him to have acted rightly. In this Congress he served on the Committee on Appropriations, the Committee on the Revision of the Laws of the United States, and upon the Joint Committee on the Library of Congress. In the debates on the financial questions that enlisted the attention of Congress at this session he took a leading part, and in May, 1868, he delivered a speech on "The Political and Financial condition of the Country," which took strong ground against the unconstitutionality of the Legal Tenders, whilst approving the passage of the Legal Tender Act as a measure of military necessity at the time. With this Congress Judge Spalding's legislative career closed. The duties of the position, always faithfully performed by him, were growing too onerous, and at his time of life, though still full of activity and healthy vigor, it was urged that he should enjoy more ease than was possibly consistent with his idea of a proper fulfillment of the trust of member of Congress. He therefore wrote a letter to his constituents several months before the period of nomination, positively declining a renomination, and withdrawing from public life.

The determination of Judge Spalding to withdraw from active political life was a matter of surprise and regret to his colleagues in Congress, who had learned to value his sound judgment, ripe scholarship, earnest patriotism, and great legislative ability. It was a positive loss to the people of the Eighteenth Ohio District, for never had the interests of that district been better cared for. To Cleveland, especially, he proved in reality a representative member. The wishes of his constituents were promptly attended to, their interests carefully guarded, and no stone left unturned in the endeavor to benefit the city and its people. In the Congressional session and out of it, he was ever on the watch for opportunities to advance the interests of his constituents, and in complying with the daily requests for advice and assistance, he did so, not grudgingly or reluctantly, but with earnestness and hearty good will, as if it were a matter of his own personal concern. The withdrawal of Judge Spalding from public political life, was a loss to the national councils in which he had achieved distinction, but was a still greater loss to the constituency he represented.

Judge Spalding has returned to the legal profession, of which he ranks among the brightest lights, and finds in its practice, and in the quiet enjoyment of social and domestic life, a satisfaction which his public career, brilliant as it was, failed to give. In his seventy-second year, he is yet in the full enjoyment of all his faculties, physical and mental, and is the picture of sound health and mental vigor.

Judge Spalding has been married twice. In October, 1822, he was married to Lucretia A. Swift, oldest daughter of his preceptor in legal studies. Seven children were born of this marriage, of whom but three yet live: Col. Zeph. S. Spalding, United States Consul at Honolulu, Brevet Captain George S. Spalding, First Lieutenant 33d U. S. Infantry, and Mrs. Lucretia McIlrath, wife of Charles McIlrath, of St. Paul, Minnesota. In January, 1859, Judge Spalding was married to his present wife, oldest daughter of Dr. William S. Pierson, of Windsor, Connecticut.

W. S. C. Otis.

W. S. C. Otis was born in Cummington, Hampshire county, Massachusetts, August 24th, 1808. His father was a farmer in narrow circumstances, who, owing to the loss of property, was able to bestow upon his children only such an education as could be obtained in the district schools of a purely agricultural district. Books were scarce, and as poor in quality as meagre in quantity; but being a lad with literary tastes, a desire for information, and an omnivorous appetite for reading, every book that fell in the way of young Otis was eagerly seized and its contents ravenously devoured. The life of a poor farmer, with its ceaseless drudgery and petty needs, was distasteful to the lad, and he was anxious to obtain a collegiate education, and thus become fitted to fight the battle of life with brain instead of muscle. His ambition was not discouraged by his father, but there was a great difficulty in the way of its gratification--the want of money. Mr. Otis was utterly unable to give his son any pecuniary assistance, though ready to resign his claim on his son's time; an important sacrifice when the demands of a large family and the straitness of his means are taken into consideration. Application was made for admission to West Point Military Academy, but unfortunately a Congressman's son was also a candidate for the appointment, and of course the friendless son of a poor struggling farmer had to go to the wall. This was a heavy blow and sore discouragement.

When the subject of this sketch was about seventeen or eighteen years old his father emigrated to Ohio, leaving his son behind with only forty dollars in money, who, after making arrangements with his brother, W. A. Otis, to furnish him such pecuniary aid as he might need, proceeded to fit himself for college under the Rev. Roswell Hawks, of Cummington, devoting only one year to preparation, and entered Williams College in the Fall of 1826. In order to lighten the burden upon his brother, he taught school two Winters during his college course, and graduated in the autumn of 1830, among the best scholars of the class.

Before graduating, he was appointed principal of Gates' Academy, in Marlborough, Massachusetts, and entered upon the duties of the appointment; but at the expiration of the year he followed the rest of the family to Ohio, and in the month of September, 1831, commenced reading law with Whittlesey & Newton, of Canfield, Ohio. In September, 1833, he was admitted to the Bar, and immediately commenced the practice of the law in Ravenna, Portage county, where he continued to reside till 1840.

In June, 1840, after the county of Summit was organized, Mr. Otis moved to Akron, where he resided and continued to practice his profession until January, 1854. While a resident of Summit county he was elected Prosecuting Attorney of the county for two years. He also filled the position of president of the Akron Bank, from its organization, till January, 1854, and was a member of the Board of Control of the State Bank of Ohio, and member of the Convention which formed the present Constitution of the State of Ohio. While a member of the Convention he devised and reported to that body the scheme for the apportionment of the members of the House of Representatives, which, with slight modifications, was adopted into the Constitution, and is now the system in this State. While a member of the Constitutional Convention, he acquired a distaste for political life, and resolved to abandon it, a resolution to which he has since constantly adhered.

In January, 1854, Mr. Otis was elected vice-president of the Cleveland and Pittsburgh Railroad Company, and in order to better perform the duties of the position, he removed to Cleveland, taking charge of the operations of the road and the finances of the Company. In the Winter of 1854 and 1855, he was tendered the presidency of the Bellefontaine and Indiana Railroad Company, but declined, and in the Spring of 1855, resumed the practice of his profession. Soon afterwards he was elected the Solicitor of the Cleveland and Pittsburgh Railroad Company, and continued to act as such until he resigned the position in May, 1869, and since that time he has confined himself strictly to the practice of law.

As a lawyer Mr. Otis ranks high in his profession, having a very extensive knowledge of the law in all its ramifications, and a readiness in the application of his knowledge that enables him to baffle and confound his opponents without descending to mere pettifogging.

For many years he has been a member either of the Congregational or Presbyterian churches in the places in which he has resided; and has always taken great pleasure in studying the Bible, and great satisfaction in teaching it to others, hence the secret of the spotless morality and unswerving integrity he has maintained through life.

Mr. Otis was married in January, 1836, to Hannah, daughter of the late G. Mygatt, and sister of George Mygatt, of Cleveland. She died without issue in April, 1840. In November, 1842, he was married to Laura L., daughter of the late Judge Lyman, of Ravenna.

Franklin J. Dickman.

Franklin J. Dickman is a native of Petersburg, Virginia, where his parents have long resided. At the age of sixteen he entered the Junior class of Brown University, at Providence, Rhode Island, and at the age of eighteen graduated with the salutatory honors of his class. In the same class were the Hon. S. S. Cox, Lieutenant Governor Francis Wayland, of Connecticut, and the Rev. James C. Fletcher, now so well known for his travels in Brazil.

On leaving college Mr. Dickman studied law in the office of the late Charles F. Tillinghest and ex-Chief Justice Bradley, at Providence, and after completing his studies he commenced the practice of his profession in the same city, continuing with success until he removed to Cleveland.

His entry on public life was early. In 1857, the Democracy of Rhode Island selected him as their candidate for Attorney General of the State, and it is a noticeable fact that although running on the Democratic ticket, he received almost the entire colored vote of the State. In 1858, he was appointed a member of the Board of Visitors to the Military Academy at West Point, and was chosen Secretary of the Board. In that capacity he drew up the report of the Board for that year, which was subsequently published by order of the Secretary of War.

In December, 1858, he removed to Cleveland, rightly considering that its growth and prosperity, and the important cases continually arising out of its commercial business, rendered it a good field for a man of knowledge and of energy to put that knowledge to account. He entered on the practice of his profession with zeal, and speedily reaped his reward in a large business.

Up to the breaking out of the war Mr. Dickman had acted with the Democratic party, but when treason culminated with rebellion, he joined those of his political associates who disregarded party lines and united with the Republicans in forming the Union party. Although fitted for college with Roger A. Pryor, of Petersburg, and though his parents remained in Petersburg during the war, Mr. Dickman took strong ground against the rebellion and all who gave it encouragement.

In 1861, he was nominated for member of the State Legislature from this city, and was elected by a large majority. In that body he was made chairman of the Committee on Railroads and also placed on the Judiciary Committee. In the latter capacity the subject of military arrests came under his notice, and his speech on that subject was considered so able and exhaustive an exposition of that subject that it was published at the request of the Judiciary Committee and widely circulated through the State.

At the close of his legislative term he formed a law partnership with Judge Spalding, which still continues, and re-entered assiduously on the duties of his profession, devoting most of his attention to admirality, marine insurance, and patent cases. In these he has been very successful.

In 1867, President Johnson appointed Mr. Dickman United States District Attorney for the Northern District of Ohio. The appointment was received with satisfaction by all shades of political opinions, and Mr. Dickman continued to perform its duties to, the approbation of all having business with the court until early in 1869, when he resigned the position in order to confine himself more closely to his private practice. It is admitted on all sides that the duties of his office were faithfully and ably performed. Of the great number of criminal cases brought before the court by him only two escaped conviction, thus evidencing the merit, care and attention given to the getting up of the cases for trial. Such uniformity in securing conviction is very unusual.

Mr. Dickman is a gentleman of fine literary tastes, extensive reading, and rare classical attainments. The relaxation from his legal duties is found mainly in his library among the highest class of authors. His frequent orations for the literary societies of Brown University and the University of Michigan, and other occasions, have been marked by scholarly finish and have always been received with approval. During the existence of the Knickerbocker Magazine, before its decadence, he contributed to its pages a series of valuable articles on "Butler's Horae Juridical," and on "The Revolution of 1688."

Cherishing a high ideal of professional attainments and ability, Mr. Dickman has realized it to a degree remarkable for a young man. With ample acquirements he has clear conceptions, and broad views of the principles of legal science, frequently never attained by older lawyers, even after a large and life-long practice. His habits of study are wisely methodized, so as to husband time, and make his efforts tell without waste upon results.

A very marked feature also in his character, is a rigorous but highly intelligent economy. Upon a limited practice in Rhode Island, before coming to Cleveland, he not only sustained himself, but accumulated a considerable sum as a basis upon which he could rely with honorable independence in a new field. This was done in circumstances in which multitudes of young men at this day, would by self-indulgence and lavish outlay, have become embarrassed by debt.

The example of a wise economy in one familiar with the first social surroundings--an economy supplying means for a rich and broad literary culture, under the guidance of liberal tastes, yet rigid as to self-control--but ever avoiding parsimony, is far too rare among young men in this lavish and wasteful age. The young man who shows what enlightened self-control, what high probity and fidelity to the details of little wants and expenditures can do to lift a man high above debt, to thrift and self-reliance, is a valuable citizen, exerting an influence as wholesome as it is wise, manly, and rare.

Mr. Dickman, in his mental growth, aims at the solid, rather than the merely sensational; the lasting, rather than the transient. Gifted naturally with vigorous and admirably balanced powers, the right use of which has enriched him already with ample mental furniture, and with habits the most exemplary, and a high character, established upon an intelligent religions basis, the future to him is full of promise of the most honorable achievements.

In 1862, Mr. Dickman was married to Miss Annie E. Niel, daughter of Robert Neil, of Columbus, Ohio, and has two children living.

James M. Jones.

The subject of this sketch is the third son of Thomas and Mary Ann Jones, who emigrated from England to the United States, and settled in Cleveland in the Spring of 1831, where they still reside, They were the parents of nine sons and four daughters, all of whom, save one son and one daughter, are still living.

James Milton Jones enjoyed only such moderate advantages in the way of education as were afforded by the common and high schools of the day, and by the classical and English school of the late lamented and most accomplished educator, H. D. Beattie, A. M.; but his memory was good, he was a close student, and he therefore readily and easily familiarized himself with the studies in which he engaged. He early manifested unusual taste and fondness for composition, and his inclination and talent in that direction were much cultivated and improved by assiduous study of the best standard works in prose and poetry.

On leaving school he became interested as a partner in the marble manufactory of T. Jones & Sons, and acquired a practical knowledge of the business, but never applied himself very closely to its duties.

He joined various literary and forensic societies about the year 1850, composed of some of the best literary and professional talent among the young men of the city, where essays, poems, and discussions on all topics of the day were embraced in the order of exercises; and he soon became marked for his thorough preparation of and familiarity with the subjects of debate, and regarded as a speaker of more than ordinary promise.