Litchfield enquirer. [volume], December 30, 1858, Image 2

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Ha connections and lines of telegraphs, are the
engines by which this consolidation mnst be
effected. He did not shrink from the enter
prise because of its magnitude ; were it less
formidable, it would be less adapted to the
spirit and genins of the American people. The
enterprise is not really formidable, considered
in relation to the beuefits of peace, wealth and
strength, to be derived from the agricultural,
mineral, manufacturing and commercial re
sources of the region.
In conclusion be would say, that if national
activity is to take a peaceful and beneficent di
rection, the responsibility of directing it belongs
to Congress. It cannot be left to the States ;
the revenues belong to the Federal Govern
ment, and it alone has power to act within the
Territories. He called on every Senator to
win for himself the gratitude of posterity by
connecting his name with this great work. It
seemed to him that there is no easier way to
win tha character given by the Roman historian
to the honored statesman, “He labored for
“ himself with moderation, for the common
“ wealth with earnestness.”
Mr. Ward (Kansas) addressed the Senate
in favor of the Texas route.
Mr. Wilson (Mass.) moved an amendment,
that the road shall be between parallels thirty
four and forty-three.
Mr. Seward (N. Y.) offered a resolution,
directing the Committee on the Judiciary to re
port if farther legislation is necessary to stop
the slave trade.
Mr. Davis objecting, it was lost
Dec. 22.
Senate.—The usual bundle of petitions was
K received. Those of public interest were two
presented by Mr. Seward, (N. Y.) from citi
zens of Berks and Lancaster Counties. Penn
sylvania, asking for protection for American
iudust^, and fifty or sixty more presented by
Mr. Cameron (Par) from all the counties of
Pennsylvania, making the same request.
Mr. Suwurd (N. Y.) introduced a bill,
which was read twice by its title, authorizing
•the removal of the offices belonging to the
United-States and occupied by the Collector
of the Revenue, in connection with the Quar
-sutize Station in the port of New York.
Mr. Seward also presented a memorial from
-gold and silver leaf manufacturers in the City
•of New-York and elsewhere ; also, three peti
tions from citizens of Oneida and Jefferson
Counties, N. Y , praying for the erection of a
breakwater at the Port of Cape Vincent; all
of which were referred to the proper Commit
tees.
Mr. Ilanter (Va.) submitted a resolution,
which was adopted, requesting the Postmaster
General to iuf'oim the Senate what changes in
•the postal laws are necessary to render the De
partment self sustaining.
Mr. Wilson (Mass.);introduced a bill which
mras referred to the Committee on the Distract,
Jo appropriate a million of ucres of lands for
>tbe benefit of free public schools in the Dis
trict of Columbia.
House.—The House passed the Soldiers of
•tho War of 1812 Peusiou bill by Yeas 130,
Nays X3.
•Ob motion of Mr. Phelps (Mo.) the TIousc
Tesolved itself into Committee of the Whole
ou the State of the Union on the bill for the
payment of the invalid and other pensions, ap
propriating $852,000 therefor.
The Military Academy bill, appropriating
-nearly $181,000, was next taken up.
Mr. Giddings (Ohio) said that while some
.gentlemen were scrupulous about voting for
the Soldiers’ Tension bill, paying those who
had fought, the bill before them proposed pay
ing men to learn to fight. He complained of
appropriations for purposes of war, our mission
being peace, and a stauding army not having
been contemplated by the founders of our
Government. They would soon be called on
to vote large su:rs for fortifications, which, in
a quarter f a century, would be as useless as
eld castles on the Rhine.
Mr. Lovejoy (111) usked him whether he
believed the Soldiers’ Peasion bill right ?
Mr. Giddings was glad his reverend friend
liad asked him that question. As the pension
system had been adopted, he would deal ont
its benefits with even handed justice. Con
gress had squandered money on Gen. Scott,
iWUllo HICIC nviv iiicii in uio uiatutt iiui nvntu
..a hundred dollars who fought as gallantly.
Mr. Lovejoy suid his theology was, that
<two wrongs do not make a right. Gen. Scott
and Cass were pensioners by the bill just pass
,*d, as well as the venerable geutleinau from
Ohio. It was like Oliver Twist presenting his
bowl, asking for more soup. [Laughter.]—
A now peusion system was inaugurated to-day,
•opening a sluice-way to a bottomless ocean of
•corruption. If the vote had beeu by bullot,
there would uot have beeu fifty votes in its fa
wet. [Laughter.] But the old soldiers af
forded an .oocasiou for highfalutin and bum
bug, aud a hobby, like boys riding on broom
sticks [Laughter ] He would vote against
the Military Academy and all military bills.—
That was good theology, as well as Chris
tiuuity.
Mr. biddings replied that the House have
not inaugurated a uew system cf peusions.—
It was inaugurated in 1818, aud had beeu
maintained to the present day.
Mr. Lovejoy responded that it was a new
system of peusions. It was inaugurated in
1818, and had been maintained to the present
day.
Mr. Lovejoy responded that it was a new
system to peusion well meu. After a while,
Cougress will be called upon to peusion those
engaged in the Mexican, Florida and every
other petty war.
The Military Academy bill was laid aside,
to be reported to the House.
Mr. Phelps (Mo.) offered a series of resolu
tions referring- the varions branches of the
President’s message to the appropriate stand
ug Committees.
Mr. Comius (Mass.) remarked that there
was much in tho Message to approve, and
much to condemn. While the President was
anxious to enforce measures against Spain and
other countries for satisfaction of our claims,
oven to war, he had nothing to say of the de
linquency of our own Government, and the
neglect of Cougress to do justice to the claims
of its own cititeDs founded on justice. He
then explained and advocated the bill for the
relief or Nathaniel and Benjamin Godard, the
«nim growing out of the seizure of the ship
Ariadne tn 1812.
Mr. George Taylor (N. Y.) reviewed the
correspondence on the subject of onr Central
American relations, showing the inconsistency
and contradictory coarse pursued by England,
and her object, which he believed to bo to de
feat onr policy, aud secure a firmer footing on
tbs Isthmus. He doubted their good faith inj
seeking to avoid a direct issne on the Clayton
Bulwer treaty, by negotiating with the weak
States of Central America, and not directly
with this Government. He advocated the ab
rogation of the Clayton-Bnlwer treaty, faDd a
more decided policy on oar part, as dne to the
interests and honor of this nation. He re
viewed the history of the Monroe doctrine,
and explained the circumstances under which
it was announced, and the necessity of it at
the tiina, as well as importance now'.1- He sus
tained the President's Message throughout.
Mr. Morris (III.) explained his bill giving
tile people of the organized Territories author
ity to elect their Judges, Governors and other
officers, and providing for the formation of a
State Constitution when there is sufficient pop
ulation to elect one Representative in Con
gress. He bad hoped the old issue on Le
compton would have been allowed to sleep,
but it had been revived by the President. The
Democracy of Illinois had been always brave
and faithful, and yet a hostile policy has been
pursued toward them by the Admiuistration.
The guillotine has been at work, and the pla
ces of good men have been supplied by misera
ble scouudrels and sycophants, and this he
could prove.
Mr. Washburne, (111) asked : Do I under
stand that snch persons have been appointed
by the present Administration ?
Mr. Morris replied that he did not assert
that the character of those individuals was
known to the heads of the Departments, but
it is a fact that tiiey were appointed to office.
The passage of bis bill would quiet the Slave
ry agitation in Congress.
Mr. Ritchie, (Pa.) characterized the elec
tion of Judges and Governors in the territo
ries as absdrd, and referred to Utah to show
what would be its unfavorable operation there.
Mr. Morris said that Mr. Ritchie could of
fer an amendment exempting Utah from the
operation of the bill.
The Honse then passed the Invalid Pension
and West Point Appropriation bills.
Mr. Morris, (Pa.) gave notice of his inten
tion to introduce a bill laying specific dnties
on a certain class of imports, and so amenda
tory of the present tariff as to furnish in
creased revenue to the Treasury, and proper
protection to the labor and industry of the
country.
Mr. Davis, (Miss.) asked leave, but objec
tion was made, to off.r a resolution instructing
the Committee on Foreign Affairs to report a
bill authorizing the President to take posses
sion of Cuba until satisfaction is given for the
insults offered to the persons and property of
our citizens. Adjourned.
On Thursday, the session of the Senate was
opened witli prayer by a Catholic priest in
full canonicals. A bill was introduced by Mr.
Crittenden to regulate the election of United
States Senators. A memorial from the grand
son of Gen. Nut. Greene of Rhode Island,
asking for aid in the publication of his grand
father’s memoirs was presented.
Numerous bills were introduced into the
House. Among them was one. giving the
President a hundred million of dollars where
with to conclude a treaty with Spain, settle
all difficulties, and procure the cession of Cu
ba—the sum to be borrowed, if it be not in
the Treasury at the time fixed for payment.
Another of the bills introduced contains pro
visions regulating the duties on imports. An
other authorizes Louisiana to impose tunnage
duties, the proceeds to be devoted to the im
provement of the Channel of the Mississippi.
One repealing the English act, and another
authorizing the people of the Territories to
elect all their officers, were referred. Mr.
Bingham introduced a bill abolishing the pres
ent system of mileage, and allowing members
their actual travelling expenses only. Mr.
Morris of Illinois introduced a bill admitting
sugar and salt free of duty.
Mr. Farnsworth of Illinois vainly endeavor
ed to introduce a resolution looking to the
adoption of further measures for the suppress
ion of the slave-trade, and Mr. Blair of Mo. a
resolution declaring the Died Scott decision
extra-judicial, illegal aud void. The principal
appropriation bills were reported by the Chair
man of the Committee on Ways and Means.
After laying out a good deal of work for
the residue of the session, Congress adjourned
till the 4th of January.
The steamship Pacific has arrived with news
from Europe to the 9th inst. The transport
Bombay had returned to Plymouth, dismast
ed. Twelve of her crew had been lost over
board. The stockholders of the Atlantic Tcl
grophic Company were to have met on the
I5th inst. to cousider the condition of affairs.
A petition had been presented to the Govern
ment, asking a guaranty of the new capital
required to prosecute the enterprise. If this
be granted, a new cable will at once be made.
France has concluded a new treaty with Jap
an, similar to that of England. The Queen’s
proclamation to the people of India, received
in the Bombay mail, guarantees religious free
dom, and offers a general amnesty to all save
the murderers of the British, if submission be
made before Jan. 1.
At a meeting of the standing committee of the
Diocese of Connecticut, held at New Haven, Dec.
14, the Rev. Wm. CollyhaD Robinson, the Rev. John
Flavel Mines, and the Rev. Rufus Emery, Deacons,
were recommended to the Bishop to be ordained
Priests; David Scott, a candidate for Priest’s or
ders, to be ordained a Deacon ; Elisha Smith Thom
as, A. B., Yale College, Storrs O. Seymour, A. B.,
Yale College, John Eaton Smith, and Daniel Fran
cis Banks, to he received as candidates for Priests’
Orders; and E. Ferris Bishop and Henry Martyn
Sherman, as candidate for Deacons' orders.
dPHon. Lafayette S. Foster did a good thing for
his constituents and the country on Monday hv pro
curing an amendment to the Pacific Railroad Bill,
requiring the rails for the road to be made in this
country. He was opposed by the administration
senators, and especially by those from the South,
but he carried his amendment by a vote of 25 to 23.
Mr. Foster deserves the gratitude of Connecticut
men, and particularly of those largely interested in
the prosperity of her iron interests for his amend
ment. Should the bill pass as amended, our Litch
field Connty iron workers may find that their busi
ness has received a new impulse through this prac
tical application of the doctrine 'of protection to
American industry.—New Haven Journal.
Bbistol.—There is an organization in Bristol com
posed of unmarried men, and colled the “ Bachelor
Brothers." While members of the Band their
“ motto" is one half of a pair of shears, the other
half to he added whenever in the due coarse of mat
rimony they lose their membership. They now
number 20 members. On Friday, Christmas even
ing, there was an assemblage of the Band, and their
invited gnests, to the number of two or three hun
dred, at Barnes' Hall, to listen to a poem and ad
dre“«?- „A„P°om was delivered by Tracy Peck, Jr.,
ol Yale College; an address by Charles Mitchell,
of Brown University, and a historical address by
Robert Beckwith of New York. The latter gave a
history of the order. After the addressee the mem
bers of the band, each with an invited lady guest,
enjoyed a good supper. The last arrangement would
!?°k ?? ?f the Bachelors were desirous of becoming
Benedicts.—Omrant.
W Wu- MU.
Litchfield, Conn., Thursday, Bee 30,185&
MBCsaeasai " '— ' ' . ■''.====:===========a
STATE CONVENTION.
A Convention of Delegate*, representing the free
men of Connecticut, who are opposed to the present
National Administration, will he held at Union Hall
in the City of New-Haven, on Thursday the 18th
day of January next, at 10 o’clock A. M., lor the
purpose of nominating candidates for Governor, Lt.
Governor, Treasurer, Secretary of State and Control
ler. The several towns in this State are requested to
send delegates equal to twice the number of Repre
sentatives to the General Assembly.
John Woodruff, New Haven Co.,
Charles Whittlesey, Hartford Co.,
H H. Starkweather. N. London Co.,
D. Comstock, Jr., Fairfield Co.,
T. M. Clarke, Litchfield Co ,
E. M. Jackson, Windham Co.,
Arthur B. Calef. Middlesex Co.,
E E. Pease, Tolland Co.,
Republican State Central Committee.
fl^The year 1858 will have taken its departure
before the issue of our next number, and we take
occasion, in advance, to tender to our readers the
compliments of the season, wishing them all a pros
perous and happy New Year.
ffPOn Monday next the authorities of the several
towns will meet to appoint Jnrors for the ensuing
year; and the doty is one of great public import
ance. It has too often been the case that political
considerations have governed in these appoint
ments; and as most of the towns in Litchfield Coun
ty have Republican boards, it may not be improper
for us to say that in the selection of Jurors, the very
best men should be selected without any reference
to party opinions.
BE me ivasnmgton correspondent of the Hart
ford Times says that “ Truman Smith is to get the
Congressional nomination in the Fourth District,
and that Ferry is to be thrown overboard.” Wc
have heard similar suggestions elsewhere ; but we
have no belief that Mr. Smith either desires or would
accept a nomination for Congress. He has, in the
prime of his life, very ably and faithfully served the
people of this district three or four times, and. has
represented the State in the Senate w ith great credit
to himself and his constituents. After acquiring
an enviable national reputation by his services in
Congress, he voluntarily retired from public life, and
is now in the practice of h is profession in the city of
New York, having his residence in Stamford in this
State. That he desires or would consent to return
to the House of Representatives we have no authori
ty for denying, but do not believe. Certainly he
will not consent to a nomination unless unanimous
ly and spontaneously urged upon him by th6 people
of the district, without being the instrument of
“ throwing overboard” young and ambitious aspir
ants for the place.
—■ - —■ -
A Strong Demonstration.—Some three or four
hundred of the Electors of New Haven County,
among whom are many of their most distinguished
men, have signed an Address to the Freemen of the
2d Congressional District, “ opposed to the Admin
istration of Mr. Buchanan,” in which they recom
mend the Hon. Roger S. Baldwin ns the Opposition
Candidate for Congress from that District, and truly
remaik that he is a man qualified beyond dispute or
doubt, to represent the intelligent freemen of New
Haven and Middlesex Couuties in the National
Councils. Indeed, if we were a citizen of that dis
trict, Gov. Baldwin, of all the men there, would be
our choice tor a member of Congress f bat W* are
nevertheless doubtful of the subscription way of
bringing forward Candidates. If all the gentlemen
who have signed this Address for Gov. B. will at
tend the primary meetings, they cannot fail of suc
cess in his nomination; but if relying upon tbeir
Address, they neglect these meetings, another can
didate will be very likely to secure the delegates,
and the Address will have produced au effect some
what disastrous, we should fear, for the success of
the Auti Administration Candidate In the only doubt
ful district in the State.
We shall look with some solicitude for the result
of this move on the part of our New Haven friends.
If it shall secure the nomination and election of
Governor Baldwin, we shall feel that Connecticut
may be proud of at least one of her Representa
tives—“a man, who," as the Journal well says,
“ has not his superior in talent, statesmanship, pu
rity of character, and soundness of principle, with
in the limits of New England.”
(S' A Pension Bill has passed the House of Rep
resentatives, and is now pending in the Senate,
giving $96 per year to every man who served sixty
days, or fouglit in a battle in the war of 1812 with
Great Britain, or in the wars with Indians which oc
curred at that time. The bill passed the Honse by
a vote of 122 to 61, all the Connecticut members
voting for it. The sum which will be required,
should this bill become a law, will amount to seve
ral millions, and give no little employment to pen
sion-hunters. The bill will be pretty surely killed
in the Senate.
■ a m ———
d”The residence of Mr. John Osborn of this town,
situate a mile north of Bantam Falls, was destroyed
by file oq^Thursday evening last; occasioned by •
defett in the chimney. The principal part of the
furniture, &c. was saved. Loss about $500—no in
surance.
.Some three or fbw bandied Africans hare been
landed in Georgia by a New York vessel, the Wan
derer, some two hundred of whom are secreted near
Augusta. The Edgefield Advertiser says: “The
importation has been made by a combination of ma
ny of the first families of Georgia and South Caro
lina, from purely patriotiemotives.’'
d" A true bill has been found by the Grand Ju
ry against Merrit Todd for the murder of his father.
The trial will bike place probably the first week of
the January term, and the result can hardly be
problematical, as no doubt seems to be entertained
as to the insanity of the prisoner.
Kebosike.—A company from Boston, and Detroit
are about commencing the manufacture of Kerosine
Oil near the coal mines in Pern, Illinois, and expect
to be in fall tide of operation within a month.—
They expect to torn oat eighty barrels of oil per
day, and consume in its manufacture forty tons of
coal.
A Bad AccidsSt. — Rumor says that a lady in
Litchfield who has been divorced from her husband,
bat who lived in the same house with him, on ac
count of the children, was delivered of three child
ren at a birth recently. As she is certain that the
was careful to keep her chamber door locked at night,
the accident is unexplainable. We regret to say
the children did not live.—Acte Haven Journal.
— W " —BBS
After our last week’s paper had gone to
press, we received information of the decease of the
Hon. Chablss B. Philps, of Woodbury, and an
nounced it in a part of the edition. His death oc
curred at Roxbury, on Tuesday afternoon. The
Committee appointed by the Legislature to superin
tend the erection of a monument to Col. Warner,
of which Judge Phelps was a member, were in ses
sion at Boxbury, and while Judge P. was sitting in
his chair, conversing with the Committee, he was
suddenly observed to hesitate in his speech, and
pass his hand to his head. Instantly he fell back,
and after a gasp or two, died.
Judge Phelps was the oldest member of the Litch
field County Bar, and was, we believe, seventy-one
years of age. He was a successful lawyer, a good
citizen, and a true friend. Few men were more
generally known, or more highly respected through
out the State. He had often been a member of the^
General Assembly, and was once the Speaker of the
House of Representatives; was two or three years
Judge of the County Court; and discharged the du
ties of Probate Judge longer perhaps thau any man
now living in the State.
The committee who were with Judge Phelps at
Roxbury,—Gov. Buckingham acting as chairman,
and W. W. Board man Esq. as secretary,—passed the
following resolutions:
av «• uiM.(iug ui mv tvuiumtcc opjAtuiicu try tlloi
General Assembly to superintend the erection of
a monument to the memory of Col. Seth Warner,
at Roxbury, Dec. 21, 1858—
Resolved, That this committee are deeply penetra
ted with grief and consternation at the sudden death,
in their presence, and during the session ot the com
mittee, of their friend and associate, the Honorable
Charles B. Phelps ; that we' lament his death as a
public loss, and desire to express our heartfelt sym
pathies with his beicaved family, in this fearful visi
tation of Divine Providence.
Resolved, That our Secretary present to the family
of the deceased, a certified copy of these resolutions.
In the Superior Court at New Haven, on Wednes
day afternoon, Judge Munson announced the death
of Judge Phelps, remarking that for fifty years he
had been a distinguished and honorable member of
the legal profession, and added—
His death was sudden and unexpected ; he died
while in the active performance of a public duty im
posed upon him by theState,andatthe very time of his
death gave utterance to words of patriotism. By his
own exertions, more especially, the State had order
ed the erection of a monument to Seth Warner ; be
ing ou the committee, and while speaking at Rox
bury before the committee, he suddenly raised his
had to his head and fell a corpse.
Thus has passed away one of the oldest and most
honorable of our profession in this State. I need not
here speak his eulogy. He has held many offices of
public trust in this State, and discharged them all
with fidelity and energy. In his private life his so
cial virtues stood equally prominent, and it I were
to express the highest object of my ambition, it
would be that I might live as universally respecter!,
and die as sincerely regretted, as the deceased.
Hon. R. M. Ingersoll remarked:—If your honor
please, Ido not know that I can say anything in ad
dition to what has been so feelingly expressed by
brother Munson. Though admitted to the bar while
I was yet a student at law, I had not indeed expect
ed so soon to have heard of his death. He was in
such robust health when I last saw him that I tlio't
he would be first called upon to hear of my depart
ure. As has been well said, he died in the discharge
of a public and a patriotic duty. If there can be a
just ambition as to the manner of' going before the
great Judge of all, it must certainly lie a matter of
congratulation that he departed during the perform
ance of a noble and patriotic duty.
Judge Waldo said—I have listened with surprise
and pain to this sad announcement. Judge Phelps
was an intimate acquaintaneeof mine, though many
years older than myself. For the last three years I
have been thrown in connection with him in busi
ness more than I had formerly been wont. At the
last term of the court held in Litchfield, he was en
gaged in ane of the roast, elaborate, cases of that (wa
rn on, antracquitfen nimselt wunTiaeiiij , „. .a.,.
He applied to be appointed a commissioner of the
Superior Court, beeause, as he said, he was too old to
perform the duties of a justice of the peace. I had
supposed that he was, as the rest of us, in the en
joyment of robust health. There is one moral we
may learn from this lesson, and that is that in the
midst of life we arc all in death; and I could not but
think that while we sit here ambitious of reputation
and success, he was performing his duty as every
man should while he lives, and that while we are
struggling here in this world for wealth and honor,
that we are but littlo aware of how soon we, too,
may be liable to be taken away—too little aware of
what shadows we are, and what shadows we pursue,
and that a proper preparation for that great account
wliich we all must in a day, as it were, give—is
more important than any other object we can pursue
in this life.
The following resolutions were then passed unan
imously :
Resolved. That the Bar of Xew Haven County have
heard, with painful regret, of the sudden demise of
the Hon. Charles B. Phelps, formerly a Judge of the
County Court of Litchfield county—for many years
a Judge of Probate for the District of Woodbury,
and intimately associated with the Bar by a long
and honorable practice of his profession in the vari
ous courts of this county.
Resolved, That in testimony of our sorrow, and of
the respect in which we hold the memory of this
able Judge, upright counsellor, and faithful citizen,
we request the court now in session, to order these
resolutions to be entered upon its records.
Resolved, That the clerk be requested to commu
nicate a, copy of these resolutions to the family ot
the deceased ; to whom, in the afflicting dispensa
tion of Providence, we tenderonr sincere sympathy.
The death of Jndge Phelps was announced in the
Superior Conrt, in session in this village, on Wednes
day, by John H. Hubbard Esq,, when, out of respect
to his memory the Conrt adjourned. The members
of the Litchfield County Bar immediate organized,—
Q. C. Woodruff, Esq...Chairman, and F. D. Beeman
Clerk,—and appointed Messrs. Hollister, Wheaton
and Graves a committee to draft resolutions, who re
ported the following, which were unanimously a
dopted :
The committee appointed by the Bar to take into
consideration the recent death of the Hon. Charles
B Phelps Of Woodburv, respectfully report that
they have had said matter under consideration, and
submit the following resolutions for the action of
the Bar.
Resolved. That we have heard of the sudden death
of our friend and brother, the Honorable Charles B.
Phelps, with the deepest regret,—that in all the re
lations of life we had every reason to honor and love
him, and that we are but too conscious that the
breach made in our professional circle can never be
repaired.
Resolved, That we feel a deep sympathy with the
family of the deceased in their bereavsment.
Resolved, That these resolutions be published in
the newspapers printed in this county, and a copy of
the same be certified by the clerk of the Bar, and
transmitted to the widow of the deceased.
In offering the resolutions, Mr. Hollister made the
following remarks:
Mr. Chairman, and Gentlemen of the Bar:
The Committee appointed by the Bar to take into
consideration the death of our deceased brother, the
Hon. Charles B. Phelps, late of Woodbury, have met
and unanimously adopted the resolutions that have
just been submitted.
Ws feel that Um it a painful duty. We have long
known the deceased in the various relations of life.
He was the oldest member of our little fraternity,
and as such, many of ns entertained a filial regard
for him. He had been in the practice of the law in
this Connty for fifty yean. He was one of the few
remaining links that connected us with a generation
of professional men who have had few equals and no
superiors in this country. Though younger than
Nathaniel Smith, Gould, Beeves, Benedict and
Holmes, he remembered them distinctly, and had
stored np in his mind more knowledge of their per
sonal traits than any other living representative of
their times.
As death is the common lot of all, and as the pass
ing bell scarcely leaves an interval for its echoes to
die upon the ear, it seems almost idle to descant
npon the virtues of the dead :
“ For all must die
Passing through nature to eternity.”
Yet it seems fit on this occasion to do something
more than simply to record upon the tombstone the
records of the departed. The long life of the deceas
ed, his services in the Legislature, upon the bench
and at the bar, give him a prominence which no
other man in this County possessed.
Then there were certain personal traits and pecu
liarities that endeared him to us all. He had collo
loquial powers, such as I have never seen surpassed.
£^is fund of anecdote and illustration appeared to be
inexhaustible. His good humor, his sprightliness of
wit, his fidelity and friendliness added a flavor and
zest to whatever he said and did, so that all his ec
centricities of manner, served rather to give his
character the stamp of genuineness than to detract
anything from it.
His sensibilities though deep, lay very near the
surface. He could never listen to a tale of suffering
without shedding tears. He set very little value
upon money except as he felt the need of it to sup
ply his immediate necessities, or to contribute to the
relief of the poor. If he had an enemy I should
not hesitate to pronounce him either a very illiberal
or a very malicious person. Personally, Judge
Phelps had very strong local attachments. Al
though the town where he lad spent the last fifty
years of his life was not his birthplace, yet he had
made for himself a wide circle of friends, and the
scenery that makes the neighborhood where he lived
so picturesque, the old burying-ground where his
dust is to lie, and all the little surroundings of a
country life, were pictured in the warmest and most
sheltered nook of his breast.
He had also strong denominational attachments,
and for the last few years.of his life had been mak
ing careful preparations for the event that has now
fallen upon him.
He had a pre-eminent love for History, and cher
ished the memory of the great and good who have
gone before ris. His very death was a link in a chain
of historical association. He was a member of the
committee appointed to superintend the erection of
a monument to Col. Seth Warner, and was at the
time of his death in consultation with the Governor
of the State and the other gentleman associated with
him in this enterprise. He was in the aet of address
ing them when the hand of death fell upon him, and
he sank as if to a sleep. He was seventy-one years
old, and in the full possession of his faculties. I be
lieve he was one of the few men who never wanton
ly inflicted an injury upon any of God's creatures.
The funeral of Judge Phelps was very numerously
attended at the Episcopal Church on Saturday, and
he was buried with Masonic honors.
We have received the Proceedings of the Inhabi
tants of Woodbury, on the occasion of the decease
of their distinguished fellow-citizen, too late for
publication this week.
TOR THE ENQUIRER.
A REPLICATION TO THE CARD OF EDWIN M.
KELLOGG.
Mr. Editor : When I first perused the pronuncia
menlo of E. M. Kellogg, of Warren, which appeared
r — T*~T' of the -
bemoaning the rCBim of the suit, which he had pre
viously brought against me, I did not deem it of
sufficient importance to myself or to the public, to
justify a reply. I was well aware, that generally, in
this County, the circumstances attending the far
famed “ tar and feather” case were too well under
stood, to render necessary a refutation of the mis
representations which fill his wailings “ to the Peo
ple of the State of Connecticutand I have no
doubt but the vindictive insolence with which his
proclamation is filled, has wrought for him a suffi
cient condemnation, where himself and the facts
ire known. But since he has given so public a
character to his communication, and since it is so
widely commented on by the Press both in this and
other States, a desire that no injustice should be
lone to public sentiment with regard to this mat
ter, induces me to briefly review the causes which
have produced the effect indicated by the melancholy
vindictiveness of Mr. Kellogg’s Card. To follow
ind refute all the misrepresentations made by him,
would be an irksome and odious task. But there
ire some radical mis-statements in his communica
tion, which should be met. in order that an impar
tial view can be taken of the history of his preten
ded desolations
The gist of Mr. Kellogg's Lamentations is, that
on the 28th day of January, A. D. 1856, he being
then a Justice of the Peace in the town of Warren,
was in the town of Kent, engaged in trying a viola
tion of the Prohibitory Law, and that while there,
he was taken, tarred and feathered, and ridden on
i rail, by some dozen persons, and the scene wit
nessed by some three hundred persons, and that
sot one of Mem offered to protect him, and that he
has since, by repeated applications, failed to obtain
such satisfaction as he desiied, in the Courts of the
County; and therefore,, crowds his destiny upon
“ the People of Connecticut," and seeks to ascer
tain why he was thus treated. The reasons are ob
vious, a» will appear. In October, 1855, William
P. Ellwyn, a respected man, (but of limited pecun
iary means,) came to East Kent, and engaged in the
legitimale.business of keeping a small grocery, and
i few workmen boarders. In part, at the solicita
tion of such boarders, and the necessities arising
from the snpport of an infirm father, he purchased
ind brought to his residence a small quantity of
ipiritous liquors, which was used agreeably to the
provisions of the Statute. In December of said
rear, one Harmon Beeman, a resident in Kent, ta
ring advantage of Ellwyn's ignorance of the char
icter and responsibility of his customers, became
Ellwyn’s debtor for certain articles from his groce
ry, amounting to some seven or eight dollars. This
Beeman dishonorably refused to pay the debt, and
ilso fraudulently and clandestinely concealed the
property which had been attached by Ellwyn to se
:ure said demand. This Beeman, to retaliate on
Ellwyn, went to some of the Kent authorities to
make complaint against Ellwyn for selling liquor
to this same Beeman. The magistrate first applied
to, was William Treat, the individual whom Presi
len Buchanan has recently rescued from the mali
aous tangs of Mr. Kellogg and bis congenial compan
ons. He, (Treat,) knowing the character of Ell
ivyn, and despising the cowardly motives of Bee
nan, refused te issue a complaint, unless a more
'eliable person should make the complaint. Mr.
lohn L. Stuart, a gentleman whose respectability
md influence require no comment, and who was
then a resident of, and an acting magistrate a#
Kent, was then applied to, and the same aMthree
which operated on the mind of Trent, actuated Mr.
Stuart to also refuse to aid Beeman’s desire. Where
fore, he repaired to Mr. Kellogg, knowing him to
be a sort of Standing Magistrate—believing that tibia
General Justice might be induced, either by a fee* of
feet, or a desire to exhibit his official function, to
volunteer to aid in this work of unjust retaliation
which belief was illustrated by Kellogg's coming to
Kent, and procuring the additional signature of an
infirm old gentleman, who from necessity was gov
erned more by representation than actual observa
tion—and of another person, who used his mark
for his name to a complaint against Ellwyn, far the A
intimated offence, and who now and ever since, in
gists that he was indneed to set his mark to tbo V
complaint, by tbe urgency and mitre presentation*
of Mr. Kellogg. Kellogg then issued hia complaints
against Ellwyn, wberenpon he was arrested and
subsequently tried. At the trial, Beeman waa the
only witness who pretended to testify in favor of
the prosecution. He was impeached by tbs defend
ant by gome nineteen highly respectable witnesses
from several towns where he was known, and yrt
Justice Kellogg found the defendant guilty, and im
posed upon him the extremest penalty of tbe law.
This finding wag deemed unjust by all who been!
it, and a feeling at once arose in tbe public mind i n
favorable to such judicial extravagance—a feeling ex
tremely natural, though perhaps not wholly justi
fiable. This feeling exhibited itself at what ha calls
the first trial, in a manner suggestive to Mr. Kel
logg, that Ills judicial services were aot required in
Kent, and that his most proper sphere of actien was
in his own town, in accordance with common usage
and common sentiment: which sentiment was freely
given to him by his own townsmen, and by mem
beis of his family, as is generally known. But Mr.
Kellogg, in spite of public sentiment and policy, in
sisted on keeping up his circuit practice, and again
came to Kent in pursuance of his magisterial excur
sions. This second crusade resulted in Justice Kel-'"
lock’s being tarred-and feathered, and in a series of
law-suits in the County which hare kept the pubUo
mind in a state of ferment for years, and which bare
so wonderfully jeapordized the feelings of Mr. Kel
logg. But the fact that panel after panel of IJtcb
field County Jurors have successively discharged
those whom he had prosecuted for tbe act intimated,
and particularly the fact, that he recovered bat “ n
fifteen dollar verdict” shows very conclusively, that
the original act of Justice Kellogg was not justifia
ble or politic : or else that there were mitigating cir
cumstances attending the transaction which tbe pub
lic should consider ere they espouse too deeply the
griefs of Edwin M. Kellogg. J
He (Kellogg) seeks to dodge this conclusion
many ways, and especially when he says. “
trial of his suit against me resulted in a
of the Jury only on damages.” It is a fact of
tbe Jury will inform him, if he dnres to i| '
that they did not entertain these damages as a
ter of right to Kellogg, but as a c mpromiae be
tween them.
A UU Ill'll jnvpvoc mill uv oanvuoiicnu'i
distorted comments which Mr. Kellogg or his scrive
ner has seen fit to make upon the evidence in the
case. In this land of republican institutions, we
hare a Court and Jury who are created to try the
legal issues between men They are tho Judges of
the facts, and Heaven forbid that I shall erar be
found re-trying to the public ear, and behind the
back of a tribunal of my country, a case in which I
may have an interest, upon the power which the
01 Bi>crcn allows to perversion or ridicule.
If Mr. Kellogg supposes he can enhance his inter
ests, improve his reputation, or gain sympathy, by
accusing the Hon. Origen 8. Seymour, a gentleman
whose name is inscribed where thousands view it
with admiration and honor, of being an accomplice
with “ drunken ruffians” ; and a Jury, of his Conn,
ty, and of his own choice, with being ""»■
participators in an “ outrage” because they prefer
red to regard their oaths, rather than his revengeful
wishes, I have no wish to interrupt his purposes.
Benjamin Tompkins.
Kent, Dec. 17, 1868.
e ^ ♦ m * ' »
Temperance in Bristol.—The friends of temper
ance recently determined to check somewhat the
liquor trade in this town. A new society was organ
ized , and a committee appointed to see that tbs laws
were enforced. A descent was made upon two of the -
places where liquor wrs sold, and about 160 gallons
seized. The owners plead guilty, paid their One,
and promised to quit the business. Others who „
have sold openly, if they sell at all, now have to do
it “ on the sly.”—Prat.
JffThe friends of temperance in Bristol have only
accomplished what might be easily done in every
town in the State where liquor is sold contrary to
law. Oar statute “ for the suppression of intempe
rance, pauperism and crime” can everywhere be en
forced if its friends only say so. There is no* a grog
gery in this rum-cursed town of Litchfield which
cannot be suppressed in a week if good men were
“ determined” to stop them.
P. S.—Since writing the above an old soldier In
the cause lias requested us to insert the following
notice:
Messrs. Editors :—Please to give notice that
there will be a meeting at the Congregational Lec
ture Boom on Friday afternoon, Dec. 81, at8o’clock,
to devise measures for the suppression of intemper
ance in this community. «.
We hope there will be a full attendance, and n
willingness manifested not only to “ devise” bat to
execute.
■ ■ ■ I < • fe l ii i
JJTThe testimony in the Bennett Divorce CMS
was closed on Friday, when the Court adjourned to
the 4th of January to hoar the arguments of counsel.
s ♦ m s ■ i ■ ■
A mob at Huntsville, Ala., last week took • crim
inal named Carter, arrested on a requisition from
the Governor of Pennsylvania, from the faanda of
the Sheriff, and the Philadelphia officers were obli
ged to make a hasty retreat. The mob add they
were paying the fugitive slave reecners in their own
coin.
@The Building Association lawsuits, of which
there have been some forty dragging on at Litchfield
for the last two or three years, enriching lawyer*
»nd impoverishing clients, have been eettled and
taken out of court—a fact of which we are extreme
ly glad to hear. The basis of the settlement, if we
understand it, is that the borrowers shall pay to the
Associations the full amount of their obligations
being granted a grace till some time in October next
m which to do it. Bather a tough pill for the bor
rowers, bat perhaps the best they could do.—Herald.
The Electors of the town of Litchfield opposed to
the present National Administration, are requested
to meet at the Town Boom, on the first Monday of
January at half past 1 o’clock P. M. for the purpose
5f appointing delegates to the State, Congressional
Senatorial and Probate Conventions. *
Per order of the Them Committee.
fS~ The electors of the town of Goshen, opposed
to the present National Administration, are roqoMt
ed to meet at the Basement of the Centie Church on
Monday, the 3d day of January, 1859, at 2 o’clock
p- M- to appoinr?ele«te.to the Stite,
ional, Senatorial and Probate Conventions.
Pei order of Town Cowum^