Cleveland Past and Present

M >> Maurice Joblin >> Cleveland Past and Present

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His son, Charles R. Sherman, and father of Charles T. Sherman, emigrated
to Ohio in 1810, and settled in Lancaster, Fairfield county, Ohio. He
early became distinguished at the Bar, among the strong and able lawyers
then practicing in Central Ohio. In 1824, he was elected one of the judges
of the Supreme Court of Ohio, and died in 1830, whilst in the performance
of his duties.

Charles T. Sherman, of whose life these notes are made, was born in
Lancaster, February 3, 1813, and is Ohio born and reared. He was educated
and graduated at the Ohio University, in Athens, Ohio, in 1832, and
admitted to the Bar in 1835. He settled in Mansfield, Richland county,
and continued in the practice of his profession until he was appointed
judge of the United States Court for the Northern District of Ohio, in
Mardi, 1867.

He never sought to obtain any public office, but rather carefully avoided
it. He always esteemed it fortunate that he resided in a county and
section in which the majority was opposed to him in political sentiments.
He however took a leading part in developing and forwarding public
improvements in his county. He contributed liberally by his labors and
influence in locating and constructing through his county the Pittsburgh,
Fort Wayne & Chicago Railroad, and the Mansfield & Sandusky Railroad. For
many years he was a director in both roads, and general soliciter of the
Pittsburgh, Fort Wayne & Chicago Railroad, and a leading spirit in its
management.

He was also appointed by Mr. Lincoln to serve four years as one of the
Government Directors of the Pacific Railroad, and largely contributed to
its success in its early days.

The Bar of Richland county always ranked among the first in Northern Ohio.
Among the oldest members who were in full practice when Judge Sherman went
there, were Jacob Parker, afterwards Judge of the Common Pleas, Andrew
Coffinberry, one of the most genial and kind hearted men, and, withal, an
excellent lawyer, John M. May, who commenced the practice of the law in
1815, and is still living, and James Purdy, Orris Parrish of Columbus,
William Stanbery, of Newark, Hosmer and Henry B. Curtis, of Mt. Vernon,
and Edward Avery, of Wooster, afterwards Judge of the Supreme Court, all
practiced in that county. In later days and cotemporaneous with Judge
Sherman, were Thomas W. Bartley, Jacob Brinkerhoof, and Josiah Scott, all
of whom occupied the Bench of the Supreme Court of Ohio, James Stewart,
Judge of the Common Pleas, S. J. Kirkwood, afterwards Governor of Iowa, and
U. S. Senator from that State, together with R. G. Hurd and Columbus
Delano, of Mt. Vernon, and C. L. Boalt and J. M. Root, of Norwalk.

Judge Sherman ranked with those later and younger members of the Bar, and
enjoyed a practice equal to any, and more lucrative probably, than any of
them. He was quiet and unostentatious in his profession, and, seemingly,
only sought to do his whole duty to his clients and obtain the good will
of his fellow citizens.

A short time after the breaking out of the rebellion, he was appointed
Provost Marshal of some twenty counties in Northern Ohio, by the War
Department, and organized four regiments that went into the service, and
subsequently served on a commission to settle and adjust claims on the
Government arising in the West.

Upon his appointment to the Bench he resigned his position on the
Railroads, with the intention of devoting his whole time to the duties of
his judicial office. For more than two years he has presided with entire
satisfaction to the public and the members of the Cleveland Bar, proving
himself to be a strong, capable, common-sense, business judge; and by his
habitual courteous demeanor has made a host of legal and other friends
during his short residence in this city.

[Illustration: Very Respectfully, R. P. Spalding]

Rufus P. Spalding.

In a work professing to deal with the "representative men" of Cleveland,
it is eminently proper that he who has represented the interests of
Cleveland in Congress for six years with a fidelity unsurpassed by any of
his predecessors in the national councils, and who won for the district he
represented a prominence hitherto not accorded to it, should find a
conspicuous place. The six years' service of Judge Spalding in Congress as
the Representative from the Eighteenth Ohio District forms a period in the
history of the city of which the citizens, irrespective of party
predilections, have reason to be proud.

Rufus Paine Spalding is a native of Massachusetts, having been born on the
3rd of May, 1798, at West Tisbury, on the island of Martha's Vineyard. The
remote ancestor of the Spaldings was Edward Spalding, who is recorded as
having been "made a Freeman" at Braintree, Massachusetts, in 1640. Edward
Spalding's son Benjamin emigrated from Massachusetts to Connecticut about
fifteen years after that date, and settled in Plainfield, Windham county.
The great grandson of Benjamin Spalding, and the father of Rufus Paine
Spalding, Dr. Rufus Spalding, had in 1798, been for some time a resident
of West Tisbury, where he practiced medicine.

When his son was fourteen years old Dr. Spalding removed to Connecticut
and resided in Norwich. Rufus P. Spalding, having been prepared for
college, entered Yale at the proper time, and graduated in 1817, with the
degree of Bachelor of Arts. The class in which he graduated contained
names that afterwards acquired lustre in judicial, legislative, and
ecclesiastical circles.

From the first Mr. Spalding's tendency was towards the legal profession,
and immediately on leaving college he prepared himself by study for the
practice of the law. He was fortunate in the choice of an instructor,
having entered the office of the Hon. Zephaniah Swift, Chief Justice of
Connecticut, who is known to the profession as the learned author of the
"Digest." He profited so well by the instructions he received, that, on
his leaving the office, Judge Swift complimented him highly on his
proficiency, and predicted for the young lawyer a successful career, if he
remained true to his profession. On completing his term of reading law,
and being admitted to the Bar, he left New England to push his fortune in
the West, and in December, 1819, reached the old "Post of Arkansas,"
removing soon after to Little Rock, where he put out his shingle as a
lawyer, in partnership with Samuel Dinsman, who has since reached the
gubernatorial chair of New Hampshire. Here he remained about a year and a
half, when he turned his face eastward, and in passing through Ohio,
stopped at Warren, the county town of Trumbull county. Here he was induced
to remain, the chances of practice being represented as good, and his
profound knowledge of law, ability in making that knowledge serviceable,
and unwearied industry, enabled him to soon build up an extensive legal
connection, which he retained and increased during his sixteen years stay
in Warren.

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.