Part 36

When Mr. Bryant became actively engaged in jury trials, the bar was not what it once was, for Livermore, Olcott,--the father-in-law of Choate,--Woodward, and others were in their graves; Woods and Wilcox were on the bench; Ira Perley had removed to Concord; and Joe Bell had left the state. But there were Goodall, with his varied experience and eventful life; Felton, active, precise and mathematical; Duncan, whose earlier efforts were regarded by competent critics as at least equal to those of his famous brother-in-law, Choate; Harry Hibbard, scholar, lawyer and statesman; that dark haired "giant of the mountains," Bingham; Bellows and Sargent, since chief-justices,--headed by their acknowledged leader, Josiah Quincy, one of the most practical, sagacious, and clear-headed men in the state. Here, too, occasionally came Perley, with combative blood, incisive speech, and immense law learning, to enter the lists with that child of genius and prince of cross-examiners and advocates, Franklin Pierce. It was no child's play for a young man to withstand the "cut and thrust" of such, and contest for supremacy with them before twelve men.

Lawyers know that those who are almost invincible before a referee, auditor, chancellor, or the full bench, are often failures before a jury. Nothing tests or taxes a lawyer's nerve, knowledge of men, tact, readiness, fertility in resource, and the power of reconstruction or combination, like a jury trial, and he only who has been through it--unless it be the woman who is so unfortunate as to be his wife--can fully appreciate the strain of the minute and laborious preparation which precedes, the anxious days without food and nights without sleep which attend the progress of the trial, and the collapse after the verdict, especially if it be an adverse one, when a young practitioner is pitted against one of the leaders. It is a hard experience; but it schools him in his work, and enures him to the hardships of campaigning. Mr. Bryant tried his first cause before a jury, against Mr. Quincy, and won. The veteran congratulated his youthful opponent and predicted his success at the bar. At the next term he was pitted against his old instructor, Mr. Pike, and one of the judges wrote his father a note highly complimenting the efforts of the son in that important and exciting trial.

In 1855, Mr. Bryant removed to Concord and entered into partnership with Lyman T. Flint, Esq., who had assisted him at New Hampton in fitting for the sophomore year. His practice soon extended to Belknap and Hillsborough, while he retained his hold in Merrimack and upon his old clients in Grafton, where he attended the courts as before.

Mr. Bryant had hitherto acted with the Democratic party, in whose faith he had been reared, but in 1856, in common with thousands more, in the whirlwind which swept the North after the passage of the Nebraska bill, and the troubles which had arisen in Kansas, he supported by voice and vote the nomination of John C. Fremont, speaking in all the large towns and in nearly every county in the state. From that time until he left the state in 1860, he probably made more stump-speeches than any other man in it. In 1857 he was elected representative from ward six in Concord, was re-elected in 1858 and 1859, and was speaker the last two years. He originated and carried through, against a violent opposition, the act making parties witnesses. At this day the act seems eminently proper; but then it was regarded by many as portentous of evil, subversive of social order, and revolutionary in the extreme. Its constitutionality as applied to pending suits was affirmed in Rich vs. Flanders (39 N. H., 304), against the dissent of two of the six judges, Chief-Justice Bell and Judge Bellows, who, as a member, had strenuously opposed its passage.

When the Know-Nothing party, so called, carried the state in 1855, one of their first acts was to overthrow the entire judicial system of the state, by repealing the acts creating it, and to erect a Siamese-double-headed-partisan one upon its ruins. The system proved expensive and became odious, not only to the entire Democratic party, but to the bar and influential class, irrespective of party relations, and to potential forces in the then Republican party.

In 1859, Mr. Bryant devised the system, which, with a brief exception, has been in force to the present time. It was carried after an intensely bitter contest. He made up the committee on the judiciary, to whom the bill was referred. It consisted of ten members, four of whom were Democrats headed by the veteran Quincy, five radicals, and one conservative Republican. Two of the six were for the bill and one was on the fence. The moss-backs, politicians, and lobbyists swarmed, and great efforts were made to defeat it. The four Democrats on the committee at first voted for their own bill, and then notified the friends of the new one that on the test vote they should give them a solid support, which would enable them to bring an affirmative report into the house. Caucuses were held almost every night of actual session to hold the timid ones in line, and prevent their yielding to the great pressure to which they were subjected.

An incident occurred during his speakership in 1859, which illustrates Mr. Bryant's readiness, courage, and political forecast. The theory that it was the right of every state and everybody in it to nullify the laws of congress whose constitutionality had been affirmed by the federal supreme court was much more popular in the North then than it became after the election of Mr. Lincoln. Lengthy petitions headed by A. T. Foss, A. Folsom, and Stephen Thayer, "praying for the enactment of a law that no person held as a slave shall be delivered up within this state," were presented. They were referred, as a matter of course, to the committee on the judiciary. Parker Pillsbury, Elder Foss, Dr. Hawks, and others appeared for the petitioners at the hearing, and made eloquent speeches in support of their petition. They had the candor, courage, and directness which characterized the old-time Abolitionists. They did not attempt to deceive the committee or any one else, but avowed that their purpose was by the bill proposed to array the state against the general government. The hearing closed. The four Democrats voted against the bill, and the chairman with flushed face demurred at such legislation; but five out of the six Republicans voted for the bill, and without a word of warning it was reported to the house by a party vote. It was read the first time without objection, and upon a division was ordered to a second reading by a vote of one hundred and thirty-four to one hundred and one. Mr. Bryant called Mr. Parker of Lempster--since a member of congress--to the chair, took the floor, and in an eloquent speech denounced the bill as nullification pure and simple, and moved its indefinite postponement. A sharp debate followed. Three lawyers who had voted for the bill in the committee defended the principle of it mainly upon the ground that everybody had the right to judge of the constitutionality of the bill at which the proposed law was aimed, and that the opinion of the supreme court was of no more account or binding force than the opinion of a like number of other persons. Mr. Bryant replied, and the result was that two members of the majority of the committee voted to sustain their nullification report, four, including the one who reported the bill to the house, voted against their own report, and the bill was defeated by a vote of two hundred and seventy-nine to nineteen. He had a natural gift for the position, and left the speaker's chair with the respect of all for his ability, his fairness, and his unvarying courtesy as a presiding officer.

In 1860, Mr. Bryant was at the Chicago convention as a substitute delegate, working strenuously and effectively for the nomination of Mr. Lincoln. He stumped the state for him, and after his election removed to Boston.

Since he has resided in Massachusetts, he has refused to hold any political office whatever, and has only interested himself in politics in speeches during the state and national campaigns. Since his residence there he has devoted his time almost entirely to an active, extensive, and constantly increasing general practice in several counties in eastern Massachusetts, in both the state and federal courts, and not infrequently has been called to his old circuit in New Hampshire, when he could spare the time. The importance of the cases in which he has been engaged, and the character of those opposed to him, are sufficient evidence, if any were needed, that he is a trained lawyer, a skillful, eloquent, and able advocate.

He delivered the centennial oration in his native town in 1879, and, for some reason unknown to the writer, rendered the same service for the town of Brandon, Vt. He has also occasionally delivered lectures before lyceums and the like.

When twenty-four, he married Miss Susan M. Brown, of Northfield, N. H., a woman of high personal character and accomplishments, and who proved all that any man could wish as a wife and mother. Three children still survive.

In private as in professional life, Mr. Bryant is noted as a genial and courteous gentleman.

HON. OLIVER PILLSBURY.

BY HON. J. W. PATTERSON.

WILLIAM PILLSBURY, from whom most and probably all of the Pillsburys of this country have descended, emigrated from Dorchester, England, and settled in old Newbury, now Newburyport, Mass., about the year 1641.

OLIVER PILLSBURY, the subject of this sketch, sprung from this line. He was born in Henniker, N. H., February 16, 1817. His parents, Deacon Oliver Pillsbury and Anna Smith Pillsbury, were both persons of unusual physical and mental strength. The writer recalls distinctly, after a lapse of more than thirty years, the amiable expression and serene dignity of Mrs. Pillsbury, and the masculine thought and deep, solemn voice of the deacon as he led the devotions of the religious assemblies of the people. He was one of the strong men of the town and a pillar in the church. Others might veer and drift, but we all knew that the deacon was anchored within the veil, and was as sure to outride the storm as the hill upon which he had fixed his home. He was a man of strong powers, a stern will, and constant devotion to the great ends of life as he saw them. The qualities of both parents were transmitted in large measure to their children. Our state has produced but few men who were the peers in intellectual strength and moral courage to their first born, Parker Pillsbury. Not many men in our country, indeed, in the years that preceded the civil war, struck heavier blows for, or clung with a more courageous, self-sacrificing devotion to, liberty than he. Those of us who knew him could hear the deep undertone of the deacon's voice in his, and knew he would conquer or die. In the roll-call of the imperishables in the great struggle for liberty, his name will be heard among the first.

Of such stock is Oliver, the fifth son of Dea. Oliver Pillsbury. During the first seventeen years of his life he experienced the usual fortune of the sons of New England farmers,--a maximum of hard work and a minimum of schooling; but at that time, having been overtaken by a lameness which threatened to be permanent, he was sent to the academy, that he might prepare for duties suited to his prospective infirmity. He entirely recovered, but this circumstance gave a new drift to his life. For nearly five years he pursued his studies with unabated interest and industry, giving thoroughness and a practical character to his acquisitions by teaching during the winter months. Mr. Pillsbury had few equals and no superiors among those who taught at that time in our public schools. He was master both of his school and his studies, and had the faculty of inspiring his pupils with his own spirit. Many who have since done good work in life look back with gratitude to those years of pupilage.

In 1839, Mr. Pillsbury left New England and went to New Jersey, where he opened a tuition school, there being no free schools in the state at that time. There, though an entire stranger, he gained the confidence of the whole community at once, and held it during eight years of successful work. During the last six years of this time he taught the academy at Bound Brook, Somerset county. While there he married Matilda Nevius, who died in 1847, leaving a young daughter, an only child. The position which Mr. Pillsbury acquired among the educators of New Jersey may be learned from the fact that he was prominent among the few gentlemen who held the first school convention at the capital, over which he presided, and which was followed by similar conventions in other cities. The movement thus begun resulted in the establishment of public instruction in that state. To have been a leading spirit in the accomplishment of so beneficent a work, in a sojourn of only eight years, should be a perpetual honor to the life of any man.

At the end of this time, Mr. Pillsbury's health having become impaired, he returned to his native place, where he purchased the paternal homestead and entered again upon the work of his boyhood. For seventeen years he followed the life of a farmer, but did not move in its old empirical ruts. He applied the knowledge and improved methods which modern investigation has given to agriculture, and in a little time doubled the productive power of his farm. The successful factor in every industry is brains, and in this case even New Hampshire farming proved no exception to the rule.

In 1850, Mr. Pillsbury contracted a second marriage with Miss Sarah Wilkins, of Henniker, his present esteemed and accomplished wife.

Though assiduous in the pursuits of agriculture, his benevolent instincts led him to take an active interest in the causes of temperance, anti-slavery, and whatever else the public welfare seemed to demand. His efforts in this direction, in co-operation with those of others, produced a change in the politics of the town, which resulted in his introduction to public life. He was elected moderator of town-meeting fourteen times, selectman six times, and to the legislature three times. In all these trusts he showed himself wise, able, and efficient. As a legislator, he did not seem anxious merely to shine, but to be useful, and to advance the interests of the state. Such qualities and service commended him to public favor, and in 1862 he was elected a councilor for the last year of Gov. Berry's administration, and re-elected to the council of Gov. Gilmore. This, it will be remembered, was while the hardships and horrors of the civil war were upon us, and when questions that could not be settled by precedent, and that tested the authority and resources of the state, were brought daily before the governor and his council for decision. The exigencies of the government would not suffer delay. Not only great permanent interests, but the very life of the nation was in peril, and large and frequent demands were made upon the states for supplies of men and money, when every resource seemed exhausted. In such times means must be invented and resources created. Criticism becomes silent, and waits for the return of peace to awaken into unreasoning activity. Under the pressure of such events, weak men are likely to be paralyzed, avaricious men corrupt, and bold men to abuse power.

The qualities which Mr. Pillsbury developed in these trying circumstances ought to make his name historic. The writer has received communications from two gentlemen who were associated with him in the council, and whose services to the state are universally acknowledged, and, as they express more forcibly than any words of mine can do the part which the subject of this sketch took in that eventful period, I take the responsibility to publish such portions of their respective letters as bear specially upon the subject of this paper. The known character of the writers will give additional weight to their strong language of encomium. Hon. John W. Sanborn, of Wakefield, writes, as follows:--

"Learning that you are to prepare a biographical sketch of Hon. Oliver Pillsbury, I take pleasure in saying that I formed acquaintance with him in 1863, being then associated with him in Gov. Gilmore's council. His great executive ability, patriotism, honesty, and integrity won the respect and admiration of all his associates. At that time the country was engaged in that terrible war for the support of the government and its own salvation, and grave questions came before us relative to the prosecution of the same. Although an ardent Republican, he never let partisan feelings warp his judgment in his official acts. He had strong convictions of right, but was always ready to discuss all questions with that frankness and fairness which characterize men of noble minds, and he fully appreciated the opinions of his opponents. I had the honor to serve with him on the military committee of the council, which had important matters to consider,--questions involving the rights and interests of the soldiers, their families, and the state. The duties of this committee were arduous and often difficult, but I can attest to the fidelity and untiring energy with which he performed his part. He took great interest in the welfare of the soldiers, particularly the sick and wounded, and was ever ready to minister to their wants. In a word, he was a model councilor for the time in which he served, and the future historian will class him among our ablest and most efficient men."

Hon. John W. Noyes, of Chester, who was also in official association with Mr. Pillsbury, says:--

"I was with him a very considerable portion of the time for two years, while we were members of Gov. Gilmore's council, during the war. He was the most important member of the council, on account of his past experience and familiarity with the duties of the situation; in fact, his information and judgment were exceedingly valuable to the governor, and all the other members of the council.

"I regard Mr. Pillsbury as one of the best-informed and most competent business men in this state. I hardly think that there is another man in the state that could fill his present position as well as he does. I told Gov. Stearns before he made the appointment, that, if he knew Mr. Pillsbury as well as I did, he would not need recommendations, but would urge his acceptance of the place."

It would be idle to add anything to such commendations.

In 1869, Mr. Pillsbury was appointed insurance commissioner, by Gov. Stearns, for a period of three years, and has been re-appointed from time to time to the office, which he still holds. Soon after his appointment he drafted and secured the enactment of the present law of the state relative to insurance companies of other states and other countries. This law established the department of insurance, and has given to the people a degree of protection against the frauds and impositions of unreliable companies never before enjoyed is this state, and has brought into its treasury, by tax on insurance premiums, over hundred and twelve thousand dollars, in addition to the compensation of the commissioner.