{"1": {"fulltext": "F 153\\n.U33 07\\nCopy 1", "height": "3506", "width": "2200", "jp2-path": "nelsonjarviswate00osul_0001.jp2"}, "2": {"fulltext": "", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0002.jp2"}, "3": {"fulltext": "", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0003.jp2"}, "4": {"fulltext": "?j^;\\n-\u00e2\u0082\u00ac^S^^^^^^-t,-i", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0004.jp2"}, "5": {"fulltext": "INELSON JARVIS VVATERBURY:\\nJ Jiograiilitcal fiUitl\\nBY\\nJOHN L. O SULLIVAN,\\nL(7/e U. S. Minister lo Porttural.\\n{Reprinted from l^w^ Jarvis Family, Zvo. Hartford. 1879).\\nJ. ^V^. B O XT T O N.\\n1S80.", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0005.jp2"}, "6": {"fulltext": "FRANCIS LOUTREL,\\nIJrinltrs,\\nNo. 45 Maiden Lank, X. Y.\\nI I", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0006.jp2"}, "7": {"fulltext": "This slight sketch, of one of the notable public men of\\nNew York, was .written for a volume specially devoted to\\nthe family of which Judge Waterbury is a distinguished\\nmember. Though a labor of love, as the portraiture of a\\nlife-long friend, the faithful justice of its delineation has\\nbeen so fully recognized by impartial authorities of the\\nhighest eminence, that I have no fear of its being charged\\nwith exaggeration by the general public opinion of the\\ncommunity under whose eyes has passed a life so useful\\nand so honorable. It is reprinted in the present form, with\\nthe permission of the compilers of the volume referred to, in\\nthe belief that other friends, outside of Judge Waterbury s\\nfamily, will be gratified to peruse and possess it, not\\nexcluding even any adversaries he may have made in the\\ncourse of his positive and active career.\\nJ. L. O S.\\nNew York, September 25th, 1880.", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0007.jp2"}, "8": {"fulltext": "", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0008.jp2"}, "9": {"fulltext": "Nelson Jarvis Waterbury.\\nThe writer of the present sketch has accepted with cordial\\npleasure the invitation to prepare it, addressed to him by the\\ncompiler of this volume. No member of the widely extended\\nand honorable family to which, on the mother s side, Mr.\\nWaterbury belongs, can fill a fairer page in the record of its\\nannals. I have known him intimately from his early youth\\nupward, alike in his private, political, and professional life,\\nand, though not always concurring with him in his political\\naction, know him to be one of the most pure and conscien-\\ntious, of the most generous and high-minded, of the most\\npatriotic and devoted, as well as one of the ablest, of the\\nlimited number of men who constitute now the front rank\\nof the legal profession of New York. If friendship should\\nseem to warm any of the colors of this slight portrait sketch,\\nits lines are traced with the pen of truth and justice alone.\\nDistrustful of my competence to judge him properly in the\\nspecial aspect in which he is to be viewed as a lawyer, from\\nhaving been absent from the country during the greater part\\nof that period which has witnessed his rise to his present\\ndistinction at the Bar, I have addressed myself to several of\\nits most eminent members who have had the best opportu-\\nnity of observing him, both from the bench and on the level\\nground of association in practice, whether on the same or on\\nopposite sides of the intellectual contests of that noble pro-\\nfession, for their experience and judgment of Mr. Waterbury\\nand it is their portraiture of him which in these lines I only\\nreflect and report. And I confess to have been strongly im-\\npressed, most agreeably, by the warmth and force of language\\nwith which, with substantial unanimity, so many men by\\nwhom to be praised is praise indeed, expressed themselves\\nin regard to Mr. Waterbury as a lawyer.\\nMr. Waterbury is one of the ablest men at this Bar, was\\nthe language of one, himself second to none and there is\\nprobably not one in ten who wins so large a proportion of", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0009.jp2"}, "10": {"fulltext": "6\\nthe cases he undertakes. If he had devoted himself solely\\nto the profession and left politics alone, which only cost him\\nmoney instead of gaining it, and if he had been somewhat\\nless generous, he would b}^ this time have made a large\\nfortune.\\nMr. Waterbury is a great man, said another; though\\nit is not everybody who knows it. And among those who\\ndo not know it, I replied, is himself. He continued,\\nWaterbury has remarkable promptness, activity, imagina-\\ntion, resource, and boldness. He has unflinching nerve, and\\nis fearless as a lion. For the planning and direction of a\\ncampaign he has no superior. And while he takes the\\nbroadest views, he neglects no detail. He has often been\\nthe inspiring soul of movements of which others have had\\nthe chief credit.\\nThe important legal office of District Attorney of New\\nYork, said another, has never been filled more ably, up-\\nrightly, honorably, and satisfactorily than it was by Mr.\\nWaterbury. Nor is there any position to which he is not\\nequal.\\nThere was a general concurrence in recognizing that among\\nthe elements of his success there shone conspicuously his\\nperfect fairness, his evident conscientiousness. Judges and\\njuries alike felt this. Before he pleaded his case, it had\\nundergone trial in the forum of his own conscience. He\\nprobably would not succeed well in a case of whose honest\\nmerits he should himself have misgivings, though I doubt\\nwhether Mr. Waterbury could ever be found the advocate of\\nany such cause.\\nThoroughly satisfied of its justice, of its rightfulness, he\\nbecomes then filled with a devoted zeal for its success. His\\nspecial faculty and power of organization enable him to\\ncoordinate all the elements and means of success in the most\\nlogical sequence and method. In such preparation he spares\\nno labor. He has an intense loi c oi justice. As a public\\nprosecutor, recognizing its enforcement to be indispensable\\nto the peace and order of such a community as that of New\\nYork, he was inflexible and indefatigable in the discharge of\\nwhat he felt to be a high moral duty, from which not all his\\nreal tenderness of heart would make him swerve, while at\\nthe same time he never strained justice into, cruelty; nor the", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0010.jp2"}, "11": {"fulltext": "power of the law into oppression. Every syllable was true\\nin the following solemn passage from a speech of his on a\\ntrial in which he had to prosecute the author of two atrocious\\nmurders mentioned further on, which, if they had passed\\nunpunished, would have placed in constant jeopardy the life\\nof every, peaceful citizen walking the brown-stone-fronted\\navenues of New York\\nIf I know my own self, I would do no wrong to any man.\\nI never knew any motive of benefit, nor any impulse of feel-\\ning, which could induce me deliberately to injure a single\\nbeing in all the world and I certainly could not willfully\\noppress a person accused of crime, in regard to whom I am\\nbound by a solemn oath, the obligations of which require\\nme, not only to conduct the prosecutions of the State, but\\nalso to make sure that, by my action, no injustice is done to\\nany man. Standing in the position in which I do, if by any\\nact of mine, any intentional act of mine, a man were con-\\nvicted who was really innocent of an offense which involved\\nhis life, I would be, gentlemen^ in the sight of God and man\\nas black and as depraved in heart as he who took the lives\\nof those two men in reference to whose death we are now\\nexamining. I trust that I have not, in all this prosecution,\\nexceeded what justice would permit, and I believe I have\\ndone nothing more than duty absolutely required.\\nOn one occasion, after James T. Brady, the greatest ad-\\nvocate in criminal cases of the New York Bar, had made an\\naddress which seemed to carry away all the feelings of the\\njury on a wave of sympathy for the family of his client, the\\naccused defendant, and after the District Attorney had fol-\\nlowed in reply, Brady said that Mr. Waterbury s speech was\\nthe best he had ever heard in court, and that though he had\\nat first thought he had captured the hearts of the jury,\\nWaterbury had taken them all away from him by his counter\\npresentation of the wrongs and sufferings of other innocent\\nfamilies, caused by such acts as his client was being tried\\nfor. I mention this circum\u00c2\u00a7^tance to illustrate what was the\\ntruth, that the zeal for justice, which was the mainspring of\\nMr.Waterbury s action, was not a mere stern and cold logical\\nappreciation of an abstraction, but had its source in a deep\\nand genuine feeling of sympathy for the human sufferings of\\nthose who are the innocent victims of crime and wrong-doing.", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0011.jp2"}, "12": {"fulltext": "While a very modest, not to say diffident man, Mr. Water-\\nbury had a properly high sense of the dignity, as well as of\\nmoral duties of the office of District Attorney, to which he\\nhad been elected by the confidence of the people, ratifying\\nthe judgment of the more intimate friends who had proposed\\nhim for it. On one occasion he had sent a subpa-na to Com-\\nmodore Vanderbilt, that great power in the State, who re-\\ncently died, leaving an estate of over a hundred millions of dol-\\nlars, who was then the owner of the Pacific Mail Steamship\\nline, requiring the attendance of a witness to prove an indis-\\npensable point in a case he was prosecuting, with a memoran-\\ndum of the point to be proved, for which the testimony of\\none of his employees would suffice. The great money po-\\ntentate took no notice of it, nor sent any witness. When\\nthe cage was called Mr. Waterbury quietly proceeded with\\nthe trial, but he took out an attachment, and sent down an\\nofficer to arrest the person who had dared to disobey a\\nsubpcena. In half an hour the tall Commodore sailed majes-\\ntically into the court-room, attended by a retinue of about a\\ndozen lawyers and friends. The effect was highly sensa-\\ntional. The required testimony was furnished, and the ac-\\ncused person was convicted. The Commodore was not a\\nlittle astonished to find himself arrested for the first and only\\ntime in his life. But he cherished afterward no ill-will for\\nit, while he understood better than before the duty of every\\ncitizen to obey the lawful process of the courts.\\nOn another occasion, a bank functionary had to be prose-\\ncuted in a case deemed very important, and a committee of\\nbank presidents had, by way of securing the very highest\\nlegal talent for the prosecution, requested Mr. Waterbury,\\nwho was a young man, to allow the prosecution to be con-\\nducted by Charles O Conor, and other counsel employed by\\nthe bank. Mr. Waterbury said that he made no pretensions\\nto rank professionally with Mr. O Conor, and should be glad\\nand grateful for his powerful aid in the management of the\\ncase, the argumentation on the admission of evidence, etc.,\\nbut that he could not abdicate his duties and responsibilities;\\nwhile he thought also that the public officer, acting and\\nspeaking from the point of view of the public interests, might\\nhave a certain weight with the jury different from that of\\nany private counsel, even though so able and eminent as", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0012.jp2"}, "13": {"fulltext": "Mr. O Conor. He willingly accepted the cooperation pro-\\nposed, but said the final submission to the jury by the\\npeople would be by himself. It happened that at the time\\nof the trial Mr. Waterbury was quite ill, and did not attend\\nany day until an hour or two after the opening of the court.\\nHe sat leaning against the wood-work of the raised platform\\nwhere presided the court, a mere listener to the evidence\\nuntil the testimony was closed on both sides. The court-\\nroom was crowded to its utmost capacity, with spectators\\nattracted by the forensic duel between two such advocates\\nas Charles O Conor and James T. Brady. When the latter\\nhad finished his address for the prisoner, Mr. Waterbury,\\nfeeling strongly the pressure of duty, notwithstanding his\\nfeeble physical condition at such a trying moment, but hav-\\ning his own clear views of the aspects in which the case\\nshould be presented on behalf of the people, walked round\\nto his accustomed seat, took off the wrappings which his\\nillness had caused him to wear, and, without a note of any\\nkind to refresh his memory, commenced his address to the\\njury, which lasted a couple of hours. He then, with grace-\\nful recognition of his great eminence, offered to yield to Mr.\\nO Conor, if he had omitted or inadequately presented any\\npoints which ought to be further argued. Mr. O Conor\\nreplied that there was nothing more to be said, nor could\\nthe argument have been better presented. He suggested\\nonly a single minor point which had been omitted, and which\\nhe begged Mr. Waterbury to state, as he had set forth all\\nthe rest. This was done, and the case was won, and with it\\nMr. Waterbury won also the highest respect and esteem of\\nthe whole crowded court-room, bench, bar, and spectators.\\nIn thus speaking of the legal ability and high moral eleva-\\ntion of character exhibited by Mr. Waterbury in his discharge\\nof the important office of the public prosecutor of the City\\nof New York, I have been led to anticipate dates, since it\\nwas not until 1858 that he was elected to that position, as\\nwill appear below in the proper chronological order.\\nMr. Waterbury s capacity and character were early appre-\\nciated by observant men. His law studies had been pursued\\nin the office of Messrs. Wells Van Wagenen, a firm now\\npassed away without succession, but then held in high esteem\\nby the substantial men of the city. He was admitted to the", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0013.jp2"}, "14": {"fulltext": "10\\nBar as attorney, by the Supreme Court, then consisting of\\nthree judges, Samuel Nelson being Chief Justice. While in\\nAlbany, where the court sat in 1845, to obtain his license as\\ncounsellor, his name was erroneously, and without his\\nknowledge, included for Justice of the Marine Court, in a\\npublished list of candidates for the various offices, a large\\nnumber, then to be filled by the Governor, Silas Wright.\\nOn his return home, just admitted as counsellor, he was\\nconstantly asked if he was going to be appointed. His reply\\nthat he was not a candidate did not stop the course of\\nevents, for several gentlemen voluntarily wrote to the Gov-\\nernor, recommending the appointment, and Governor Wright,\\nhaving had personal opportunity of observing the capacity\\nand usefulness of this young lawyer, gave to the suggestion\\nhis cordial approval.\\nMr. Waterbury was thus suddenly elevated, immediately\\nafter his admission as counsellor, to the Bench of a court\\nwhich had been graced by many distinguished lawyers\\n(among the number, John Wells and Samuel Jones), while\\nstill so youthful as to appear a mere boy. The title of Judge\\nseemed oddly fitted to that long and slender youth, with\\nsmall, beardless, and colorless face, blue eyes, very light hair,\\nand no breadth of chest and shoulders to speak of, always\\nsuggestive of the idea of feeble health yet he made one of\\nthe best, most respected, and useful judges that had ever\\npresided in that popular court, which was one of real im-\\nportance, though of minor jurisdiction.\\nThe truth is, that the judicial character of his mind, his\\nanalytical logical power, his quickness of apprehension, and\\nconscientious good judgment, singularly qualified him for\\nthe position. But he did not hold it more than four years.\\nIn 1848, one of the most remarkable political contests\\never known in the State of New York was fought to the\\nbitter end. Silas Wright (who had refused to accept the\\nPresidential nomination tendered to him at Baltimore in\\n1844, but who had consented to accept that of Governor in\\norder to strengthen the Democratic party in the Polk and\\nClay campaign of that year) had been defeated for re-election\\nin 1846, through the hostility of the wing of the party called\\nthe Hunkers, by a small majority, though the Democratic\\ncandidate for Lieutenant-Governor was elected. The sudden", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0014.jp2"}, "15": {"fulltext": "11\\ndeath of Silas Wright a few months afterward aroused the\\nmost intense hostility on the part of his friends against those\\nwdiom they regarded as the murderers of Silas Wright.\\nAt the Baltimore Convention of 1844, Mr. Van Buren s re-\\nnomination had been defeated by the opposition of the same\\nfaction, who aimed at the nomination of General Cass,\\nthough after they saw the vehemence of resentment they\\nhad awakened, fearing the loss of the Presidential election,\\nthey offered the nomination to Mr. Wright, which he refused,\\nand the compromise result was the nomination of the com-\\nparatively second-rate man, Polk of Tennessee.\\nNevertheless, Mr. Wright consented to accept the Gov-\\nernorship of New York, as the means of saving the State\\nand the election to the Democratic party, with Polk for its\\nPresidential candidate. The old enemies of Van Buren still\\nstrove for the nomination of Cass in 1848, and it was for the\\npurpose of killing off Gov. Wright for 1848, that they de-\\nfeated his re-election for Governor in 1846, which was soon\\nfollowed by his death, as above mentioned. Silas Wright\\nwas regarded by the young men as the Cato of the Democ-\\nracy, or, like Brutus, as the noblest Roman of them all.\\nThey would tolerate no association with those at whose\\ndoor they laid the deep damnation of his taking off. Cass\\nwas again and still the candidate of these latter, and the un-\\nforgiving friends of Silas Wright, in his grave, preferred any\\nand all consequences rather than the triumph of Cass and\\nthe Hunkers. The fascinating influence and brilliant elo-\\nquence of John Van Buren fed the flame of this superheated\\nparty feeling. To defeat at all hazards them and Cass, for\\nwhom personally they entertained a profound contempt, was\\ntheir aim and passionate resolve. The result was that strange\\nand unnatural coalition which was represented by the nomi-\\nnation of Van Buren and Adams on the Buffalo platform.\\nSubsequent history has proven (in my opinion) that this was\\na grievous mistake, though it had its origin in natural and\\ngenerous emotions. The result was that Cass was utterly\\ndefeated, Taylor being, in the State of New York, first, Van\\nBuren second, and Cass third. The Whigs swept the State\\nand the country. Mr. Waterbury was second to none in his\\nparticipation in the general feeling and action of the young\\nDemocrats of New York, nicknamed the Barnburners.", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0015.jp2"}, "16": {"fulltext": "u\\nThe election of Taylor for a single term was, to them, a\\nminor evil in comparison with what they would have re-\\ngarded as the abomination of Cass under those circum-\\nstances. Silas Wright was at least avenged.\\nTo Mr. Waterbury, one immediate consequence was the\\nloss of his position on the bench. The Whigs, in full pos-\\nsession of the State, and eager to possess all the ofifices, va-\\ncated his seat by reducing the term of the incumbent judges,\\nand Mr. Waterbury contentedly returned to the private\\npractice of his profession.\\nThe New York Barnburner revolt in the Democratic\\nparty, in 1848, was a purely local and temporary episode.\\nThe two divisions of the party in New York soon came\\ntogether again by natural gravitation, and the result was\\nseen in 1852, in the overwhelming majority by which Pierce,\\na mere brigadier-general in the Mexican war, was elected\\nover General Scott, its brilliant and popular commander-in-\\nchief. Mr. Waterbury approved the Clay compromise\\nmeasures of 1850, and has never since separated from the\\nNational party.\\nAfter his retirement, in 1849, from his four years of service\\non the bench of the Marine Court, Judge Waterbury pur-\\nsued the modest career of a young lawyer with a practice\\nyet to make, and with qualifications for success, and the\\nachievement of distinction, more solid than showy. And if\\nhe was thus legitimately wedded to Themis, she was far\\nfrom possessing his whole heart. Another passion divided\\nit and led him often into truancy from his law ofifice that of\\npolitics. A full-blooded American, an earnest patriot, an\\ningrained Democrat full of sincere faith in the people,\\nthoroughly imbued with the spirit of what may be termed\\nthe Jacksonian era, imbibed by him from association with\\nthat pure and noble set of men of whom, in New York, Van\\nBuren, Wright, Young, Flagg, Michael Hoffman, and others\\nwere the chiefs (his intimate friend, Tilden, being another\\nhigh pupil of the same splendid school), a born organizer,\\nand of that temper of character which made disinterested\\nzeal and indefatigable work for the promotion of what was to\\nhim right and duty a very law of his nature, a necessity of\\nhis very conscience, that pale and slender young man who,\\nthough nearly six feet, weighed less than 130 pounds (he can", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0016.jp2"}, "17": {"fulltext": "13\\nnow boast his i8o), soon came to occupy quite an unique\\nposition among the leading men of his party. His poHtics\\nwere a sort of religion to him, and a religion of work as well\\nas of words. He had the confidence of their inmost circle,\\nand was always fond of excellent counsel. He was of most\\nuseful private benefit to the Democratic press. Possessing\\na remarkable memoiy, attentive to details as well as to gene-\\nralities, and fond of statistics, he was familiar with the figures\\nof the past votes, not merely of States and cities, but of\\ncounties and wards, and not alone of his own State, but of\\nthe principal States of the Union so that in election times,\\nwhen returns would come in much more slowly and scatter-\\ningly than in these modern days of electricity, he was in-\\nvaluable in helping to the earliest judgment of the results.\\nThe tables of comparative returns which, at such periods,\\nwere the most important and interesting reading in the\\ncolumns of the leading Democratic papers, were always sure\\nto have proceeded from his accurate and indefatigable pencil,\\nto which they were a labor of love. And in the city of his\\nown residence. New York, he always took an active and most\\nserviceable part, organization being at once X^x forte and his\\ndelight. At the same time he was seldom one of the\\nspeakers at public meetings not only did he not possess\\nthe requisite power of lungs and voice, but his style, tliougfi\\neasy and excellent in the prosecution of a logical line of ar-\\ngument to carry conviction to the reason of a judge, and the\\nmingled reason and heart of a jury, was not of the kind most\\neffective with popular assemblages. Moreover, at such\\ntimes he was always too busy otherwise and after the vic-\\ntory often too much exhausted for that kind of political\\nwork. But many a time, when the brilliant popular orator\\nwould seem to carry off so large a share of the credit for the\\nvictory achieved, Mr. Waterbury had really contributed ten\\ntimes more of effective though silent influence to the result.\\nA sworn enemy to corruption and every form of dishonesty\\nin politics or in morals, and ever unrelenting to the old\\nenemies of Silas Wright (to this day tears have been seen to\\ncome to his eyes at that name), while he possessed the un-\\nlimited confidence and esteem of all the leading men of his\\nown wing of the Democratic party, he became, of course, the\\nobject of a special animosity and dread to those of the other.", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0017.jp2"}, "18": {"fulltext": "14\\nin i$53, the members of the Common Council of the city\\nhad already become popularly known as the forty thieves\\nand the Legislature, upon the application of a committee\\nconsisting of Peter Cooper, Henry Grinnell, James Boorman,\\nand other leading citizens of that high category, which had\\nbeen organized for the sole purpose of securing municipal\\nreform, passed a series of amendments to the city charter,\\nto be submitted to a popular vote before taking effect. The\\nelection for this object was a special one, and none of the\\npolitical organizations took any part in it.\\nThe danger was, however, imminent that it would be con-\\ntrolled by the members of the Common Council, the most\\ninfluential politicians of their respective wards, and all inter-\\nested in defeating the proposed amendments. Only two\\nweeks remained before the election, and the friends of reform\\nfound themselves in danger of defeat. Judge Waterbury s\\nability as an organizer was well known, but he was not a\\nmember of the committee. Duncan C. Pell, afterward Lieu-\\ntenant-Governor of Rhode Island, and Geo. B. Butler, a\\nconfidential business associate of the late A. T. Stewart, were\\nsent to request him to prepare a plan for organizing the\\nbrief campaign, and to direct it. He promptly prepared a\\npaper setting forth a perfect plan to arouse the dull and\\nlanguid public attention, so as to secure success at the elec-\\ntion. The committee unanimously and gratefully approved\\nhis plan of organization and action, and urged him to assume\\nthe task of its execution. He finally consented, on condi-\\ntion that he should have the sole management, and should\\nnot have to consult with any committee or other authority\\nwhatever; to which the committee had the good sense to\\nagree. When the caucus of the Common Council learned\\nthat the campaign was to be conducted by him, they realized\\nthat any attempt to defeat the amendments would be use-\\nless, and all opposition was abandoned. The reform move-\\nment was, however, organized with the most perfect and\\ncomplete system, every detail being arranged with the great-\\nest care, and with such success that the amendments were\\nadopted by a majority of 30,000 in a vote of about 36,000;\\nquite a full vote for a quarter of a century ago.\\nAbout two years before this, in 1851, the part of the city\\nin which Judge Waterbury resided was set off as a new ward.", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0018.jp2"}, "19": {"fulltext": "15\\nand the Democrats selected him to represent it in the Board\\nof Education of the city; a position always esteemed one of\\nhigh honor. He declined the nomination, but was neverthe-\\nless elected. He could not be insensible to such an expres-\\nsion of confidence, and such an appeal to his philanthropy\\nand for nearly eleven consecutive years served as a school\\nofficer, taking at once a leading part in educational matters.\\nHe brought to these new duties the same spirit of zeal and\\nthoroughgoingness which characterized his action in all mat-\\nters in which he saw duty to be performed and public good\\nto be accomplished. The service was wholly gratuitous, and\\ninvolved much labor, sacrifice of time, and even some ex-\\npense. At that period, and for years before, vehement con-\\ntroversy existed between the Roman Catholics, under the\\nlead of their priesthood, and the powerful Public School So-\\nciety, over the question of the religious influence exerted\\nupon the minds of the children by the spirit and tone of\\nschool education. On the one side a Protestantizing influ-\\nence was produced, or claimed to be produced, through the\\nreading of the Bible in the schools and the use of books\\ncontaining or suggesting anti-Catholic ideas. The Catholics\\n(chiefly Irish and Democratic in their party associations) not\\nonly made such complaints, but claimed that an affirmative\\nreligious influence ought to be exerted in the course of early\\neducation and they wanted the existing public school sys-\\ntem broken up, and specially Catholic schools established to\\nwork side by side with the Protestant ones, according to the\\npreferences of the parents. There was a great deal to be\\nreasonably urged on both sides of such a controversy. Per-\\nsonally Mr. Waterbury was a Protestant (being Episcopalian,\\nand strong for the Apostolic succession and shared the\\ngeneral unwillingness of the community to seeing a sectarian\\ndisruption of the great common school system of New York.\\nBut he was at the same time a reasonable, just, and, above\\nall, a practical man. In the first year of his service he was\\nappointed by the President of the Board, the Hon. E. C.\\nBenedict, upon a committee to confer with the Public School\\nSociety, for the transfer of its schools (about qeual in num-\\nber with those under the control of the Board of Education)\\nto the control of the latter body and to his tact and ability\\nthe accomplishment of that union was largely due. As", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0019.jp2"}, "20": {"fulltext": "16\\nchairman of the finance committee or of the committee on\\nby-laws, and as a member of other important committees,\\nhis labors were constant and of great value. The statutes of\\nthe State relating to the Board, and the by-laws of the Board,\\nwere constantly under amendment by him, until finally nearly\\nthe whole of both bore the impress of his revision. One\\nsignal triumph may be here specified which marked his\\nservice in the Board. Some of the schools, in wards with\\npopulation almost entirely Roman Catholic, were not opened\\nwith the reading of the Bible. When the bitterly anti-Irish\\nand anti-Catholic party, which strangely gloried in the name\\nof the Know-Nothings, obtained for one year control of\\nthe Board, a majority of the committee on by-laws reported\\na by-law to compel such reading of the Bible under such\\npenalties that, if the local ofificers failed to obey, the schools\\nshould be closed. The proposed by-law had not been con-\\nsidered at any meeting of the committee, so that no remon-\\nstrating minority report could be heard against it, but was\\nembodied in a report signed by a majority of its members.\\nJudge Waterbury, in the Board, asked that its consideration\\nshould be postponed to enable him to submit the views of\\nthe minority. This fair and rightful request was refused, and\\nthe by-law was passed by simple force of numbers. At the\\nnext meeting (July, 1859), submitted a minority report,\\nwhich also bore the signature of the Hon. William E. Curtis,\\nnow chief judge of the Superior Court of the city of New\\nYork, but the Board refused to receive or print it. Judge\\nWaterbury had it printed at his own expense as a pamphlet,\\nand distributed to the members, the newspapers, and the\\npublic, and the result was that the by-law at once became as\\ndead as though a blank paper. It was utterly disregarded,\\nand no attempt was ever made to enforce it. Indeed, the\\nsubject was so completely disposed of that in the twenty\\nyears whicli have elapsed, although the agitation of the same\\nquestion has disturbed other communities, the city of New\\nYork has remained entirely free from it. Some years after-\\nward, at the last meeting of the Board attended by Judge\\nWaterbury, and on his proposition, a motion repealing the\\ndead by-law was unanimously adopted. Space permits me\\nto quote only the following, which was the conclusion of the\\nreport referred to", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0020.jp2"}, "21": {"fulltext": "17\\nThe undersigned, while they are thus decided in their oppo-\\nsition to the policy of compulsion, are also earnestly in favor of\\nthe daily reading of the Bible in our schools. They realize fully\\nthe inestimable value of that sacred book, in its influence upon\\nthe formation of character, in its guidance of our daily life and\\nconduct, and in the preparation which it affords to all who accept\\nit for the eternity beyond the grave. In their own Wards, where\\ntheir advocacy of the policy of the daily reading of the Bible is\\nproper and available, they have uniformly expressed these senti-\\nments, and it is gratifying to them that the Bible is, and has been,\\nread daily in every school in their respective Wards, from the or-\\nganization of each school to the present time. Yet they do not\\ndeem it necessary or proper to seek occasion for the reiteration of\\nthese sentiments, much less do they believe that that sacred book\\nshould be used as a shibboleth by a political or any other secular\\ninterest. When religious matters are degraded from their high\\nand holy sphere to the uses of partisanship of any kind, it is too\\noften found that those who are loudest in their professed advocacy\\nare not always, either in their language or conduct, the most con-\\nsistent with religious purity or principle. Without imputing any\\nsuch deficiency to their colleagues in the Board who have sup-\\nported these by-laws, the undersigned have failed to observe any-\\nthing in the present agitation denoting a higher purpose than they\\nhave above indicated on the contrary, it seems to them to be\\nclearly imbued with the unworthy spirit of personal and political\\nends, rather than with the peaceful and benevolent spirit of the\\nGospel of Christ.\\nWhile the undersigned have argued that the Board possesses\\nno power to adopt the compulsory By-Laws, it is due to them-\\nselves to declare that they would be adverse to the policy of com-\\npulsion, even if the power to adopt it were undoubted. They are\\nentirely convinced of the wisdom and expediency of the rule\\nwhich leaves this matter to the action of each locality. There is\\nno subject whatever, notwithstanding the gentleness and modera-\\ntion of its own precepts, and the brotherly love and charity\\nwhich it inculcates, upon which mankind feel so keenly, or often\\nmanifest so much asperity, as upon that of religion. It works its\\nway onward, not by reason of the occasional intolerance and\\nviolence of its advocates, but by its inherent beauty, wisdom, and\\npower. They do not believe that a sincere convert has ever been\\nmade to any religious doctrine by outward compulsion, whether\\necclesiastical, military, or political. It is not probable that any\\ngreater success will attend an attempt to force the daily reading\\nof the Bible upon the people of any locality, whatever may be the\\nmotives that prompt their opposition to its use but, on the con-\\ntrary, the attempt is likely to arouse a more determined resistance.\\nIn conclusion, because the Board has no authority whatever\\nto pass these By-Laws because they uproot the wise and benefi-\\ncent policy consistently pursued during the whole continuance of\\nthe existing school system because there is no necessity for their\\n-adoption because they are harsh, unjust, and oppressive in their\\nprovisions because they proceed upon a basis of violence ^and", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0021.jp2"}, "22": {"fulltext": "18\\nforce, hostile to the very spirit of the Bible itself; and because\\nthere is imminent danger that they will substitute for a state of\\nprosperity and peace, the issues of strife and destruction, the un-\\ndersigned were and are opposed to their adoption, and they be-\\nlieve that such opposition will commend itself, not only to every\\nfriend of the principles upon which our civil institutions are based,\\nbut also to all who prize and venerate the precious and immutable\\nprinciples of the Christian faith.\\nIn the summer of 1853, the newly-appointed postmaster of\\nNew York earnestly solicited Judge Waterbury to accept the\\nposition of assistant postmaster, for the special purpose of\\nsecuring his recognized ability as an organizer, for the es-\\ntablishment of an improved system for the delivery of letters\\nthroughout the city offering to make to the salary such\\naddition, out of his own, as would make it properly remuner-\\native. With great reluctance Judge Waterbury finally con-\\nsented. Such diversion of his attention and time from his\\nprofession was necessarily damaging to his practice of the\\nlatter; for the law is a jealous and exacting mistress. Prob-\\nably the laborious work to be done, for a good public ser-\\nvice, and in the element in which he took a certain intellec-\\ntual delight, exerted a fascination upon Judge Waterbury,\\nwhich tempted him into an unwise deviation from his proper\\nline of professional life.\\nAt that time the delivery was made by carriers who col-\\nlected a fee of two cents on each letter for their compensation.\\nSome routes were worth over $2,000 a year, others under $500.\\nEvery carrier had to attend at the general post-ofifice to receive\\nhis letters, though some routes were nearly five miles distant-\\nfrom it. Some made three or four deliveries a day, to others-\\nonly one was possible. And there were a number of private\\nestablishments scattered throughout the city, styling them-\\nselves post-ofifices, and making rival deliveries. Instead of\\nsuch system as ought to work the postal service of a great\\nmetropolis, there was chaos, and a chaos equally absurd and\\ninjurious to the public accommodation. He first broke up the\\nundue advantages of carriers on the dense business routes by\\nrequiring half of the carriers fees to be paid into a common\\nfund, and distributed on a plan by which the carriers on\\nroutes covering large areas received a larger sum per letter\\nthan those on routes embraced within a circuit of a few\\nhundred feet. Having thus secured the means of equalizing^", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0022.jp2"}, "23": {"fulltext": "19\\nthe delivery over the whole city, he also established hundreds\\nof locked boxes at suitable places throughout the city, from\\nM^hich letters were taken at stated hours each day, by regu-\\nlar collectors. He next assailed the private post-offices, as\\nthey were called, and at last, after a desperate resistance,\\ncompelled them to discontinue their illegitimate business.\\nThus, step by step, he gradually, and with great difficulty\\nbecause every movement, strenuously resisted by those\\nwhose interests were necessarily damaged by reform, had to\\nreceive the approval of the department at Washington pre-\\npared the way for an entirely new system. At the end of\\nabout two years he had the satisfaction of being able to make\\nhis reform comprehensive and complete. The city was di-\\nvided into seven districts, in each of which (other than the\\none containing the general post-office) a station was estab-\\nlished, designated as stations A, B, etc., each one of which\\nwas practically a post-office for the district so that, while\\nletters continued to be directed to the New York post-office,\\nthey were there distributed and sent in bulk to the proper\\ndistricts, from which they received their local delivery with\\nthe utmost possible promptitude and regularity. Conversely\\nthe collectors from the boxes delivered at the stations of\\ntheir respective districts, from which transmission was made\\nto the general office. The constant and rapid communica-\\ntions between the central office and the stations, to and fro,\\nwas effected by circulating wagons, making the circuit of the\\ncity at stated intervals each day. Not merely the general\\nsystem, but every detail, including the mapping out of the\\ndistricts, the hiring and fitting up the stations, the selecting\\nand drilling of the men, etc., was personally attended to by\\nJudge Waterbury and so thoroughly, that the new system\\nwas a complete success from the very day of its opening;\\nworking like clock-work, in the whole and in all of its parts.\\nWith the growth of the city, the districts have been increased\\nto nearly twenty, but the system remains unchanged, except\\nonly that the delivery of letters is now free from any carrier s\\ncharge. Once or twice minor changes have been made, but\\nthey did not work well, and Judge Waterbury s system, pure\\nand simple, was soon restored. Thus a very model for city\\ndelivery of mailable matter was established in New York,\\nwhich has led to an improvement of the carriers* delivery", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0023.jp2"}, "24": {"fulltext": "20\\neverywhere, and to a very large yearly increase in the reve-\\nnues of the Post-Office Department. Yet few reflect or re-\\nmember to whose organizing and creative genius all this is due.\\nThe reaction from his excessive labor brought upon Judge\\nWaterbury a severe sickness, a condition of fevered nervous\\nexhaustion. He had all along felt an undue confidence that\\nhis elastic, while delicate, constitution could endure the strain\\nof any amount of work that should not exceed twenty-four\\nhours in the day. With a pulse at 120, and unable to leave\\nthe house, he had a clerk from the post-office to attend him\\nevery day with the papers requiring his action. The grate-\\nful postmaster, learning from his physician that his recovery\\nwas hopeless unless he should abstain from work, directed\\nthat no more papers should be taken to his house. Without\\nthe employment which had sustained while it was killing\\nhim, he broke down, as the thorough-bred which can, or at\\nleast will, go while between the shafts, sinks to the ground\\nthe moment they are withdrawn. Judge Waterbury was\\nthen prostrated in bed with a fever which continued un-\\nbroken for two months. As he began to rally a little in the\\nspring of 1856, he proceeded to Cuba, and thence traveled\\nhome though the southern states, reaching New York at the\\nend of May, with health completely reestablished. Such is\\nthe history, not before written, of the establishment of the\\npresent postal system of the City of New York.\\nWhile yet in the post-office, it became necessary in No-\\nvember, 1858, to elect a new District Attorney for the city.\\nThat functionary is the public prosecutor, and occupies a\\nrelation so close to the administration of the general police\\nsystem, that, while the two branches are officially distinct,\\nhe is in some sense its intellectual head. The leading men\\nin the Democratic party appeared to turn, with almost one\\nmind, to Judge Waterbury. He suggested that as he had\\nbeen out of the practice of the law for over five years, it was\\na dangerous experiment to put him in that position but\\nthey had full confidence in his ability to fill any office with\\ncredit to himself and those who had selected him for it, and\\nhe was nominated with great unanimity, and triumphantly\\nelected. Their sagacity was soon vindicated from all doubts\\nwhether of himself or others. He had not been four months\\nin the office before he had won the entire confidence of the", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0024.jp2"}, "25": {"fulltext": "St\\npublic. The wife of a man named Stephens had died one\\nyear previously, and there were such strong grounds of sus-\\npicion that she had been poisoned, that Judge Waterbury\\ndirected the disinterment of the body, and an examination\\nto be made by Prof. R. Ogden Doremus, the eminent chem-\\nist. It was found to be permeated in every part with\\narsenic, which had preserved it from decay, and Stephens\\nwas indicted for murder. He was one of the false professors\\nof an ostentatious piety, and his fellow-worshippers in his\\nchurch rallied indignantly to his defense, and supplied the\\nmeans for it to be made with ability and vigor. The trial\\nlasted three weeks, and ended in the conviction of the mur-\\nderer, who, after the case had been taken to the Court of\\nAppeals, and the conviction affirmed, suffered the penalty\\nof the law. The work so efficiently begun was vigorously\\nfollowed up. Every case of the willful use of deadly weapons,\\nwhether fatal or not in the result, was prosecuted, and the\\nguilty were punished. There was a large, powerful, and\\ndangerous class in New York, against whom this bold and\\nfirm course-was a personally hazardous, and very hazardous,\\ndeclaration of war. William Mulligan, a gambler, one of its\\nmost noted members (who, when excited with drink, was a\\nreckless ruffian, and who was afterward shot to death by\\nthe police of San Francisco), found himself compelled to\\nexchange the fashionable broadcloth and diamond studs\\nwith which he promenaded Broadway for the simpler uniform\\nof Sing Sing, for the crime of aiming a loaded pistol at a\\npolice officer. And while the assaults endangering the lives\\nof public officers were inflexibly and severely punished, these\\nlatter were made to know that they too would be held to\\nstrict accountability for any unnecessary degree of severity\\ntoward even the criminal class. Judge Waterbury held\\nthat there should not be any outcast class in a Christian\\nor civilized community, and that care should be taken to\\nshow the offenders that while the law exacted obedience it\\ndid not withhold just protection. The result was not long\\nin manifesting itself. Even the more depraved, when they\\nfound that justice was not a one-sided word, and that, while\\none hand held the sword of public duty, the other held the\\nshield for the defence of all entitled to it, felt the good and\\nwise mollifying influence and New York, reversing its bad", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0025.jp2"}, "26": {"fulltext": "fepute, became known for a time as unsurpassed for order\\nand quiet by any city of its size in the world. So in regard\\nto the frauds known as ticket-swindhng, which made New\\nYork a place of terror to the multitudes attracted by\\nits business facilities, who daily embarked at its wharves.\\nJudge Waterbury took up the task of correction in his\\ncharacteristic thorough-going way, and made short and sharp\\nwork of the principal offenders, and so paralyzed and deter-\\nred the rest that the system became, and has remained, a\\nthing of the past.\\nThe great case of Charles Jefferds for the murder of John\\nWalton and John W. Mathews, was the most important one\\nof Mr. Waterbury s term of the District Attorneyship. The\\nprisoner had the powerful aid of James T. Brady as his\\nleading counsel. It was a horrid case an intricately tangled,\\nand every way a most extraordinary one. Jefferds was a\\nstep-son of Mr. Walton, being son of Mrs. Walton, by the\\nfirst of the several marriages of which that with Mr. Walton\\nhad been the last. Walton was shot down at the corner of\\nThird Avenue and i8th Street, at 20 minutes past 11, of a\\nbright moonshiny night, when there was no lack of people\\nin the streets. The assassin, who had been lying in wait for\\nhim behind a tree, stepped up close to him, after he had\\npassed, killed him on the spot by a large bullet through his\\nbrain fled, was pursued, turned upon his foremost pursuer,\\nMathews, and by a shot in the breast, laid him also dead on\\nthe spot, himself escaping. The pistol was found the next\\nmorning in a neighboring yard, where it had been flung, with\\ntwo barrels out of the five discharged in their work of two-\\nfold murder. As there were two distinct crimes, separated\\nby an interval of time, and prompted by different motives,\\nthough the one grew out of the other, there were two indict-\\nments. On the first, that for the deliberate lying-in-wait\\nassassination of his step-father, Walton, the evidence was\\ninsufficient for a conviction. His face had been seen too\\nrapidly by moonlight, and at too great a distance, for con-\\nclusive identification. After a few minutes of hiding under\\na stoop, he had got off on a street car, and had crossed the\\nferry to South Brooklyn, where he reached his lodgings so\\npromptly that, in view of some differences of time, as esti-\\nmated by the various witnesses who heard the shots, it was", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0026.jp2"}, "27": {"fulltext": "a point strenuously disputed for the defense whether li6\\ncould have accomplished the distance in his flight. And\\nthat which was the real motive to the crime, was at once as\\ndifificult to prove as it was horrid and revolting, namely, a\\nprompting by his mother to rid her of her husband prompt-\\ning in which hire was combined with hate. She had a strong\\ninterest in Mr. Walton s death at that time, so that she\\ncould receive her widow s dower in his considerable estate;\\nfor he had recently put her away for just cause, and she\\nknew him to be on the track of the evidence which would\\nshow her either to be the undivorced wife of a husband still\\nliving, or to have at least passed for the wife of that other\\nman without the sanction of marriage. On the indictment\\nfor the murder of Mr. Walton, Jefferds had escaped convic-\\ntion, but the District Attorney remained thoroughly con-\\nvinced of his guilt, and held the other indictment still over\\nhim, for the murder of Mathews, his pursuer in his flight a\\nconviction held also by the brother of the murdered Walton,\\nnow guardian of his orphaned children, and as such resisting\\nthe suit of Jefferds mother for her dower. Judge Water-\\nbury did not, however, choose to proceed at once to the\\ntrial of the second indictment, but, on the contrary, sur\\nprised the public by releasing Jefferds from prison on his\\nown recognizance. More evidence to bring the crime home\\nwas necessary, and he trusted to that providential law which\\nalways tends to make the murderer himself betray his ever-\\ntorturing secret, and was not unwilling that his apparent\\ntriumph over public justice, and consequent sense of security,\\nshould, together with his habits of dissipation and intem-\\nperance, favor the operation of that law. The able Chief of\\nPolice, Mr. John A. Kennedy, who had been surprised to\\nsee Jefferds thus released from custody without a second\\ntrial for the second crime, proposed to the District Attorney\\nto have him shadowed by a skillful detective, who should\\nfall into acquaintance and intimacy with him, and so obtain\\nthe needed clues to other circumstances of a character to\\ncomplete the evidence.\\nMr. Waterbury felt the strongest obligations of a civic as\\nwell as of official duty which called for a conviction in such a\\ncase. If such a crime, perpetrated with an audacity so de-\\nfiant of the pubhc justice, should be crowned with impunity", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0027.jp2"}, "28": {"fulltext": "u\\nand triumph, no peaceful citizen s life would be safe on the\\nbest streets of New York against the hand of murder, whether\\nprompted by greed or by revenge. The profligate habits of\\nthe criminal thus allowed to go at large rendered the task of\\nthe detective no very difficult one, notwithstanding that\\nJefferds was informed by his mother that she was told that\\nhis new associate was a policeman. He let out where he\\nhad bought the pistol, and even confessed the first murder,\\nfor which he knew that he could not now be tried again\\nindeed, in his cups, he had rather a tendency to boast of it.\\nHe was arrested and tried for the second murder, that of\\nMathews. The case was still a difficult one, being almost\\nwholly one of circumstantial evidence, since a detective s\\ntestimony to confessions was very questionable. It also\\ninvolved the curious point that the Walton murder, for\\nwhich the criminal was now safe, had virtually to be tried\\nover again not to convict him for it but to fasten it upon\\nhim as a vital element in* the proof of the other murder\\nwhich had grown out of it the two being inseparable, and\\nit being conceded that he could not be convicted of the\\nsecond murder unless he had committed the first, there being\\notherwise no proof of motive.\\nThe trial lasted a week. Judge Waterbury s management\\nof the witnesses was very masterly, and his address to the jury\\nwas a model of clear exposition, lucid analysis, effective\\ngi^ouping of a large variety of details, all converging to the\\nfocal point of demonstration and conviction, and of that calm\\nand dignified strength, conscientiously directed to a righteous\\nobject, which became a public prosecutor who felt his high\\nbut painful function to be that of a priesthood in the temple\\nof justice. It was in the course of this address that he re-\\npelled in the language above quoted an attempt that was\\nmade by the defense to prejudice the jury by the imputation\\nof a vindictive excess of zeal in the prosecution, giving it a\\ncharacter of persecution. When he sat down all felt the\\ndoom of the criminal to be sealed, and the jury were so\\ncompletely satisfied that upon retiring they immediately\\nvoted by ballot, without discussion, that he was guilty.\\nThis trial won high praise for Judge Waterbury for the\\nforensic power displayed by the District Attorney, and\\nbetter stilly the respect of all who had followed it, for the", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0028.jp2"}, "29": {"fulltext": "25\\nman. The wretched murderer eventually, however, escaped\\nthe doom of the scaffold. He was killed in prison by a\\nfellow-convict, in an affray provoked by the reckless violence\\nof character which had thus conducted him to its foot. A\\nlawyer present at this trial (since a distinguished judge), re-\\nferring to Waterbury s success as public prosecutor, said\\nthat, Speaking without notes, he had a habit, when he\\nhad finished a point, of letting his eyelids close for a few\\nseconds, while he selected the next that he would present.\\nIt thus became an axiom among the frequenters of the\\ncourt, that when the District Attorney shut his eyes the\\nprisoner s last chance was gone.\\nThe signal success of Judge Waterbury as a prosecuting\\nofficer was due to an unusual combination of qualities those\\nqualities, mental and moral, which have been above indicated.\\nHis quickness of perception, remarkable memory of facts\\nand faculty of coordinating them, firmness of purpose, con-\\nscientiousness, and intense earnestness, would carry his\\njuries along with him almost unconsciously. His fairness\\nwas as manifest as was his fearlessness. If he felt any doubt\\nof a person s guilt, he would frankly say so. He would\\nnever press a juror into the box to whom an objection could\\nbe made with the smallest show of reason. No testimony\\noffered by a prisoner was excluded unless it was so clearly\\nincompetent as to be a mere waste of time and no prisoner\\nfailed to have a material witness because he could not hirp-\\nself procure him, if the public money could bring him. But\\nwhile he thus gave every fair and proper chance, even to the\\nmost guilty, and no word nor act ever manifested the least\\nspirit of injustice to the prisoner, even in the mind of the\\nDistrict Attorney, this vciy conduct of the prosecution gave\\nadditional force to the case established against him, so that\\nit became almost a settled axiom, that for Waterbury to try\\nwas to convict, unless he himself declared to the jury that\\nthe case involved some reasonable doubt.\\nIf I have dwelt a little on this feature of Judge Water-\\nbury s professional life, it is not alone because I regard it as\\nsignally honorable to him, but with a view to present it as a\\nmodel, alike in its nobleness of method and in its practical\\nsuccess, to all to whom is assigned the delicate function of\\nthe public prosecutor a function which in France is called", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0029.jp2"}, "30": {"fulltext": "26\\nand theoretically regarded as a magistracy, though we so\\nrarely see it exercised in the semi-judicial spirit befitting\\nthat title. In the present instance, I really think it was\\nperformed in a spirit not less sincerely judicial than if the\\nDistrict Attorney had been sitting on the bench instead of\\npleading before it.\\nIt may seem strange that such a model District Attorney\\nwas not re-elected on the expiration of his term in i86i, but\\nthe reason for that was an additional honor to Judge Water-\\nbury s name. Before the close of his term he had felt it his\\nduty to bring before the Grand Jury and investigate certain\\nacts of the Common Council, for which it was reported that\\nlarge sums of money had been paid. The members of that\\nbody, the influential local politicians of the wards, to whom\\nsuch a prosecution by such a prosecutor opened up a vista in\\nwhich, through the stages of exposure and disgorgement, the\\ncells of Sing Sing closed the perspective before them, saw\\nin Judge Waterbury (though himself a zealous and active\\nDemocratic politician) at once their foe and their fate. The\\ncandidate of the Republicans was endorsed by the Mozart\\nbranch of the Democratic party controlled by the then\\nMayor of the city, and though Judge Waterbury ran 7,000\\nahead of his ticket (a signal personal tribute), he was defeated\\nby only about 900, Had he been re elected to continue the\\ncampaign of investigation and prosecution then opened by\\nhim, it seems probable that the noxious plant of municipal\\ncorruption, already vigorously started in a rank soil, could\\nnever have flowered out into the splendid and gorgeous pro-\\nportions it attained just ten years afterward, when the ex-\\nposure of its enormous growth alarmed the whole country,\\nand added to the American language a word which, as the\\nname of a man now gone to his last account, has become the\\nname of a thing which unhappily is not yet equally defunct.\\nThe extraordinary vigilance and efficiency of Judge Water-\\nbury s discharge of the duties of this office were curiously\\nbrought out to public light soon afterward. The Board of\\nSupervisors had voted to raise the salary of his successor\\nfrom $5,000 to $7,000. The Mayor, Mr. Opdyke, a Repub-\\nlican, vetoed the measure, in a message in which he con-\\ntrasted the work of Judge Waterbury in the last year of his\\nterm (1861), with those of the proposed beneficiaiy of the", "height": "3495", "width": "2059", "jp2-path": "nelsonjarviswate00osul_0030.jp2"}, "31": {"fulltext": "1861.\\n1862.\\nDecrease.\\nPercentnge of\\nDecreasfe\\nfrom 1861.\\n1,239\\n949\\n290\\n\u00e2\u0080\u00a223\\n690\\n399\\n2gi\\n.42\\n154\\n97\\n57\\n\u00e2\u0080\u00a237\\n79\\n59\\n20\\n.25\\n245\\n137\\n108\\n\u00e2\u0096\u00a044\\n379\\n214\\n165\\n\u00e2\u0080\u00a259\\n27\\nincrease of the salary in the only year of his term (1862)\\nwhich had elapsed. The Mayor s figures were as follows, to\\nwhich are appended the results of the contrast. Dealing\\nwith a question referring to Judge Waterbury, he seemed to\\nhave caught a little of his genius for figures tabulated in sta-\\ntistical form to prove important facts.\\nNo. of indictments found by the\\nGrand Jury,\\nof convictions,\\nacquittals,\\nsent to City Prison,\\nPenitentiary,\\nState Prison,\\nAggregate of sentences to State Prison\\nother than for life, 977^y. 33S|y. 638! years. 65\\nThe smallest decrease was in the number of indictments\\nfound by the Grand Jury. In the prosecution of the in-\\ndictments, the decrease was not as great in the acquittals as\\nin the convictions. In the punishments, the decrease was\\nlarger, as they increased in severity, until in the aggregate of\\nsentences to the State Prison, which includes both the num-\\nber sent and the length of their terms, the decrease was\\nnearly two-thirds of the total for 1861. As the same judges\\npresided each year, the comparison illustrates the influence\\nexerted by an efficient prosecutor over the entire admin-\\nistration of the criminal law. It is no wonder that the\\nMayor could see no good reason for an increase of pay to\\nremunerate so great a falling off in performance. It would\\nbe still higher credit to Judge Waterbury, and praise to his\\nadministration, if we should, without any comparative dis-\\nparagement to that of his successor, accept the supposition\\nthat the deterrent influence of the certainty of punishment,\\nwhich had grown up under the former, combined with those\\nwholesome moral influences of a different character of which\\nmention has been made above, had so acted on the vicious\\nhabits of the criminal classes of the city as really to have\\nwrought the effect of producing so great a reduction in the\\nfrequency and gravity of their offenses against the law and\\nthe public justice.\\nWhen the news reached New York of the fire opened on\\nFort Sumter, in the harbor of Charleston, in April, i86i.", "height": "3501", "width": "2049", "jp2-path": "nelsonjarviswate00osul_0031.jp2"}, "32": {"fulltext": "28\\nJudge Waterbury was selected by the Democratic General\\nCommittee of the City of New York to draft an expression\\nof its sentiments (the duty of drafting important resolutions\\nwas one frequently deferred to him), and his clear, strong,-\\nand patriotic resolutions were adopted with enthusiasm, and\\nwere greatly effective in giving hope and courage to the up-\\nholders of the Union everywhere, as an authentic declaration\\nof the opinion of the mass of the Democratic party in their\\ngreat stronghold. They are appended in a note,* as the\\nIVhereas, This General Committee, and those they represent, have, to the\\npresent time, been the consistent advocates of the rights of every section of our\\ncountry, and the firm defenders of the Constitutional rights of the Southern\\npeople, to protection from every species of assault upon their peculiar domestic\\ninstitutions, and have always maintained their right to share, upon equitable\\nterms, in the settlement of the National domain, and have made resolute and\\nstrenuous efforts to secure an adjustment of the whole matter in controversy,\\nupon a basis at once just and liberal toward the South, and honorable to our\\nwhole country and\\nWhereas, Several of the Southern States have assumed the position of vio-\\nlent resistance to National authority, which resistance has been carried to the\\nextent of actual war, manifested by outrages on the flag of the United States;\\nthe forcible seizure of their fortifications and property the preparation of ex-\\ntensive armaments and batteries for assault upon the forces of the nation the\\nbonibardment of Fort Sumter and, finally, by an invitation to the freebooters\\nof the world to prey upon the commerce of our people and\\nWhereas, The rulers of the Seceded States, by the measures aforesaid, have\\ncommenced a civil war upon the United States, threatening their existence as\\na National power and\\nWhereas, The members of the Democratic party a party whose history is\\nthe record of an eminent and successful part in the formation of our institutions,\\nthe administration of our Government, and the prosperity of our country, are\\nespecially called upon by all the memories of the past, and all the hopes of the\\nfuture, to rally with promptness and vigor to the defense of their country\\nagainst all foes, whether at home or abroad therefore.\\nResolved, That the Democracy of this city are heartily united, with all of its\\ncitizens, as one man, to uphold the Constitution, enforce the laws, maintain the\\nUnion, defend the Flag, and protect the Capital of these United States, in the\\nfull and firm belief that this preservation of our national unity is the only security\\nfor the rights, liberties, and power of our own people, and the greatest hope of\\noppressed humanity throughout the world.\\nResolved, That this rally for the country is nobly and wisely made by our\\nwhole people, irrespective of party organizations, and without regard to past\\ndifferences of opinion or action, for the purpose of sustaining the Government\\nin the exercise of its powers and duties as the constitued authority of the nation\\nand that in the same spirit, and for the same pur-pose, all questions as to what\\nhas been done or omitted in the way of concession and conciliation, and all\\nquestions respecting the course and policy of the Administration, should be", "height": "3505", "width": "1891", "jp2-path": "nelsonjarviswate00osul_0032.jp2"}, "33": {"fulltext": "best possible presentation of the ideas of a War Demo-\\ncrat, even while the writer of these pages feels bound to\\navow that, not less conscientiously, nor less patriotically,\\nthan Judge Waterbury framed them, he would have been\\ncompelled to oppose them, and to support rather the policy\\nexpressed by General Scott and Mr. Greeley, in the expres-\\nsion, Erring Sisters, go in peace, in the firm conviction\\nthat less than five years would have witnessed a sure return,\\nand a better Reunion. But victory crowned the policy of\\nthe war, which was not less a conflict of ideas, and principles,\\nand consciences, than of arms. Every man s duty in such\\ntimes and events, was what was dictated to him by his own\\nsoul. If mingled good and evil have been its results, so\\nwould they have been of a different issue. Happily, all can\\nnow meet fraternally on the ground of mutual respect and\\nforgotten until the national honor has been vindicated, and the national power\\nfirmly established.\\nResolved, That the unanimity and spirit with which the people of the North\\nhave responded to the call of the President for material aid in the present crisis,\\nshould not be taken as an indication of the least desire, or even Millingness on\\ntheir part, to war upon the people of the South but only as an evidence of\\ntheir determination to preserve the Union, as a blessing of inestimable value,\\nand to defend the sacred Flag of our country, which commands the homage of\\nall our hearts and of their inflexible resolve that Bunker Hill and Mount\\nVernon, New York and New Orleans shall never be dissevered.\\nResolved, That we cannot disregard the evidences M hich have been presented,\\nthat in many parts of the South, the resistance to the National power has been\\naccomplished by the terrorism of mob rule, and against the interests and wishes\\nof the conservative classes, embracing a large portion of the extensive owners\\nof slaves and we yet look to Tennessee and Kentucky, containing the tombs\\nof Andrew Jackson and Henry Clay, and the homes of James Guthrie, John J.\\nCrittenden, and Andrew Johnson, in the hope that their fidelity to the Union\\nand the National Flag will be maintained amid all the difficulties of their po-\\nsition and we pledge ourselves to those States, and to all the loyal men of the\\nSouth, to defend the Constitutional rights and interests of every section of the\\nUnion, at all times and under all circumstances, with the same zeal and fidelity\\nwith which we will uphold the National power, and aid in the prompt and\\nproper punishment of all traitors.\\nResolved, That we have witnessed with pride and admiration the calm and\\nforbearing possession and heroic defense of Fort Sumter, by Major Robert An-\\nderson, a gallant and noble son of Kentucky, and for his patriotic efforts for\\npeace, his brilliant defense of his Flag, and his manly refusal to surrender to\\nthe enemy, we render to him our heartfelt thanks and that all who may dis-\\ntinguish themselves in the service of this glorious Union in its present peril,\\nwill be honored throughout the country, and enshrined in every patriotic heart\\nthroughout all time.", "height": "3480", "width": "1933", "jp2-path": "nelsonjarviswate00osul_0033.jp2"}, "34": {"fulltext": "30\\nself-respect, oblivion of the old animosities, and all be as one\\nin recognizing that\\nThere s a Divinity that shapes our ends,\\nRough-hew them how we will.\\nThe truth is, that the Barnburners of 1848, the friends\\nof Van Buren, and the avengers of Silas Wright, did not\\nbelieve in the reality of the long threatened danger to the\\nUnion from the anti-slavery agitation. History soon\\ntaught them better, when the Whig party, after 1852, as-\\nsuming the new name of the Republican party, made\\nwith the Abolitionists, on the large national scale, that same\\nalliance which the Barnburners in New York had virtually\\nentered into for a momentary occasion, as they deemed, on\\nthe Buffalo platform. The result was, that Fremont was\\nall but elected in 1856, and Lincoln elected in i860; and the\\ndread history of the four years that succeeded we all know\\nas also the secondary consequences to the whole country,\\nmoral, political, and industrial, which have trailed through\\nour sky, like the tail of some baleful comet, from then even\\ntill now. Like Seymour and Tilden, Mr.Waterbury and the\\nbulk of the party known as War Democrats supported\\nthe government with steady firmness and zeal in the sustain-\\nment and enforcement of the Union, though neither he nor\\nthey ever gave any approval to many arbitrary acts of the\\nparty in power, incidental to the prosecution of the war, which\\nwere deemed to be not less unnecessary than they were in\\nviolation of established principles of law and the constitution.\\nIn the fall of 1862, Judge Waterbury was nominated for\\nMember of Congress by all of the three organizations into\\nwhich his party was at that time divided. His election was\\ncertain, the Democratic majority in the city and in his dis-\\ntrict being overwhelming. But there was a close contest for\\nthe governorship between Horatio Seymour and General\\nWadsworth, in which the former had to a considerable extent\\nthe support of the Old Line Whigs, an influential body\\nof men in all the large counties of the State. One of their\\nnumber, James Brooks, Editor of the Express, desired strongly\\nto go to Congress from Judge Waterbury s district, which\\nhe had formerly represented as a Whig of the Clay and\\nWebster times. It was a subject of complaint on the part\\nof that interest throughout the State that, while they were", "height": "3505", "width": "1891", "jp2-path": "nelsonjarviswate00osul_0034.jp2"}, "35": {"fulltext": "31\\nzealously supporting the Democratic party, they were not\\neven allowed a single member of Congress. They pressed\\ntheir claim for a seat from the city, and Mr. Brooks was their\\nmost -prominent representative. It was deemed important\\ntoward securing the election of Gov. Seymour that their\\nnew Democratic sympathies should not be chilled by refusing\\nthem this satisfaction. Judge Waterbury consented that\\nthe question of his withdrawal in favor of Mr. Brooks should\\nbe referred to Charles O Conor, John Kelly, and a third per-\\nson whom Mr. Brooks should select. The result was that it\\nwas deemed judicious that Mr. Brooks and his party should\\nbe gratified, and Mr. Waterbury at once withdrew, unwilling\\nthat in the event of Governor Seymour s defeat he should\\nappear to have contributed to that result by not having ap-\\npeased that dissatisfaction on the part of the Old Line\\nWhigs. The local disappointment was very great. Indeed,\\nthe Hon. Elliott C. Cowdin, who was the Republican candi-\\ndate, stated that he would have withdrawn in Judge Water-\\nbury s favor rather than that the latter should retire.\\nThough Judge Waterbury did not believe that the result in\\nthe State would be controlled by his action, he preferred, if\\nthe representative men of his party would take the respons-\\nibility, to avoid any possibility of the imputations which\\nmight attend an adverse result. He has several times since\\nbeen urged to be a candidate for Congress, with the certainty\\nof election, but he felt constrained to adhere to the practice of\\nhis profession. This is to be regretted, for it is certain he would\\nhave made one of the most useful and influential members\\nof that body, and have done good service to our country.\\nGov. Seymour tendered to Judge Waterbury the position\\nof Judge-Advocate-General of the State, and, fearing that he\\nwould not accept it, requested the late William Cassidy, then\\nthe Editor of the Albany Argtcs, to visit New York and\\nurge Mr. Waterbury to take the ofifice as a matter both of\\npersonal friendship and of public duty. He finally consented,\\nbecause, though nominally a military position, it was really\\na law of^ce, and the dark days were come which gave it an\\nimportance not attaching to it in the ordinary piping\\ntimes of peace. It carried the lawful rank and title of\\nBrigadier-General, but Judge Waterbury had so^little taste\\nfor military display by mere civilians, that he never wore his", "height": "3480", "width": "1933", "jp2-path": "nelsonjarviswate00osul_0035.jp2"}, "36": {"fulltext": "uniform in public but on a single occasion, and habitually\\nrefused to answer to the saluation of General. Indeed,\\nthe uniform was not ordered by him, but was sent to him as\\na congratulation upon his appointment, by the late Daniel\\nDevlin, Chamberlain of the city, a leading man in the cloth-\\ning trade, as also a prominent citizen. Among the great\\nnumber of our Generals, he therefore enjoys the distinction\\nof being perhaps the only man who refused to be styled by\\nthat title, so that we have to adhere to the old customary\\ncivilian designation of Judge.\\nIn the first year of his service occurred the terrible New\\nYork riots of July, 1863. They began on a Sunday, and\\nJudge Waterbury reached the city on the evening of Mon-\\nday, and after that was constantly on duty. Gov. Seymour,\\nwho arrived in the city on Tuesday morning, had great con-\\nfidence in his ability and tact, and found in him a most\\nefificient aid. On Wednesday noon he suggested to the\\nGovernor that the chief cause of trouble was less a riotous\\ndisposition on the part of the people, than their enforced\\nidleness, business having been effectually stopped by the\\nfact that neither omnibuses nor railroad cars were running.\\nThe Governor authorized him in his name to take measures\\nto remedy this state of things. Proceeding alone in a car-\\nriage to the various depots and stables, he saw before mid-\\nnight the represensatives of over twenty of some twenty-six\\nrailroad and stage lines, generally situated in the midst of\\nthe riotous district (a service of no small danger and daring);\\nand using words of mingled entreaty and authority according\\nto circumstances, and working with his characteristic earnest-\\nness and tact, he induced them all to listen to his proposals\\nand enter into his views. They were very apprehensive of\\nthe consequences by reason of the threats which had been\\nmade by the leaders of the rioters that their buildings should\\nbe burned if they should recommence business, but Judge\\nWaterbury arranged with them that military forces should\\nbe stationed at various convenient points for the protection\\nof their property. Reaching the police headquarters at one\\no clock in the morning, he wrote an order by the Governor to\\nMajor-General Sandford to detail a military force to each\\nof the several places designated, and to have them at their\\nposts by five A. M., and handed it to the clerk of the com-", "height": "3505", "width": "1891", "jp2-path": "nelsonjarviswate00osul_0036.jp2"}, "37": {"fulltext": "33\\nmissioners to be immediately delivered. All was thoroughly\\ncombined and executed, and worked like magic, and at an\\nearly hour the people were delighted by the customary sight\\nand sound of the public vehicles, not less cheering to them\\nthan was the simultaneous sunlight, for it was the best assur-\\nance that order was restored. If Judge Waterbury had\\nchosen to accept his lawful title of General (by which\\nGov. Seymour always persists in addressing him), he certainly\\nhad on this critical occasion fairly earned it and by better\\nmeans, and the display of better qualities of good sense and\\ngood feeUng, combined with courage, than those required for\\nthe winning of the crimsoned honors of the battle-field.\\nThe provoking cause of these riots had been the dispro-\\nportionate and unfair allotment for the draft made against\\nthe city an injustice the more irritating because, in its exe-\\ncution, it was made to bear with, a peculiar degree. of op-\\npression upon a particular nationality. It looked very much\\nlike a political discrimination against a Democratic popula-\\ntion at the same time it admitted perhaps the palliation\\nthat those who arranged the allotments may have supposed\\nthat our Irish fellow-citizens have such a natural love and\\ngenius for fighting that they might rather like than other-\\nwise the being conscripted for the war, in however excessive a\\ndisproportion. Governor Seymour directed the Judge-\\nAdvocate-General to investigate the facts in relation to the\\nenrollment in the metropolitan cities of New York and Brook-\\nlyn, as a basis for the draft of soldiers. After an examina-\\ntion made with his usual thoroughness, accuracy, and ex-\\nhaustiveness. Judge Waterbury made a report which proved\\nto demonstration that the enrollment in the metropolitan\\ndistricts was twice as large in proportion to population as in\\nthe interior counties of the State. He proved the political\\ncharacter of the enrollment by showing that while the total\\nvotes in i860 had been, for the Lincoln and Anti-Lincoln\\nCongressional districts, respectively, 457,257 and 151,253,\\nthe conscripts from them were, respectively, 39,626 and\\n33,729; and that while in 1862 the total votes in the Wads-\\nworth and Seymour Congressional districts had been, re-\\nspectively, 353,621 and 186,255, the conscripts required from\\nthem were, respectively, 33,068 and 40,287. Such figures,\\nviz., 40,000 conscripts required in the Seymour districts", "height": "3480", "width": "1933", "jp2-path": "nelsonjarviswate00osul_0037.jp2"}, "38": {"fulltext": "34\\n(chiefly New York and Brooklyn) from 186,000 voters, against\\nonly 33,000 required from 353,000 voters! The calm and\\npersuasive demonstration of Judge Waterbury s report was\\nirresistible. Nor in the President (Lincoln) did he encoun-\\nter any other than a fair and honest spirit. There had also\\nbeen great unfairness in the drawing. In the drawing in\\nthe 9th district, which is in the City of New York, says\\nJudge Waterbury in his masterly report, so far as the list\\nwas published, there was a great disproportion in the names\\nof people of a particular lineage, although only one-fourth\\nof the inhabitants of the district were born in Ireland. I\\ncalled the attention of the President to this fact, and sug-\\ngested to him that such a result could not be continued\\nthroughout the city without being followed by a belief in the\\npublic mind that the draft had been unjustly made. He\\nanswered, Of course not and added with an earnestness I\\nwas glad to observe, I will not permit either a real or an\\napparent fraud. The effect of Judge Waterbury s report\\nwas that a commission was appointed by the Secretary of\\nWar to examine the matter, and upon its report the quota\\nrequired from the city was reduced by 20,000 men.\\nIn May, 1862, Judge Waterbury was elected Grand Sa-\\nchem (or presiding officer) of the Tammany Society, and\\nserved one year. At the close of 1863, he retired from the\\nTammany General Committee, and has ever since been an\\nunyielding adversary of the virtual domination of Tammany\\nHall over the Democracy of New York. A time-serving\\npolitician, one less disinterested in patriotism and democracy,\\nless stern and uncompromising in his passion for political\\npurity inseparable from public economy in a word, one less\\nthoroughly imbued with the spirit of the idol of his youth,\\nand the exemplar of his manhood, Silas Wright would\\nrather have inclined to keep on good terms with thfe leaders\\ncontrolling the majority of his party in the great city of his\\nresidence. But such is not, and never has been the temper\\nof Judge Waterbury. Such a man must necessarily make\\nmany formidable political enemies, but they respect as well\\nas dread him, even on the field of irreconcilable conflict be-\\ntween them. Himself fears nothing and nobody, and rather\\nexults in the stern joy of the fight, than shrinks from its\\nblows, or takes account of his own interests or his own labors", "height": "3505", "width": "1891", "jp2-path": "nelsonjarviswate00osul_0038.jp2"}, "39": {"fulltext": "35\\n.in its conduct. At the same time, while in local politics for\\nmunicipal reform, and honestly economical good govern-\\nment, he is thus uncompromising, in national politics he is\\none of the most thorough, sound, and devoted members of\\nthe Democratic party of the Union, and as such is one of the\\nmost sagacious, prudent, and practical. He is a truly valu-\\nable citizen of the Union, the State, and the City, to all of\\nwhich he has rendered and will to the end, continue to\\nrender truly valuable patriotic service. O si sic oinncs\\nMany passages in the life of Judge Waterbury have been\\nnecessarily omitted from this honest and sincere, while\\nfriendly sketch of him, which does not pretend to the char-\\nacter of a biography. One other only will be mentioned.\\nIn 1 87 1, an Act was passed by the Legislature for the ap-\\npointment of three Commissioners to revise the Statutes of\\nthe State. Francis Kernan, the present eminent Senator in\\nCongress, who was appointed as one of them, declined to\\nserve, and Governor Hoffman appointed Judge Waterbury\\nin his place one of the highest tributes of compliment that\\ncould be paid to a lawyer and public man. Gov. Hoffman\\nmade the spontaneous selection (as he has assured me) be-\\ncause convinced that he could not find a better man at the\\nBar to do justice to the work involved. When the Commis-\\nsioners proceeded to their work, a radical difference was\\nfound to exist in their views. The majority insisted on ex-\\ntensive amendments of the statutes. Judge Waterbury,\\nwith his ever practical mind, urged that such a course would\\ninevitably array, against whatever report the Commissioners\\nshould make, a combination of interests affected by, or\\ndiffering in opinion from, the sweeping changes proposed,\\nresulting in the probable eventful defeat of the work. He\\nclaimed that only such amendments should be made on the\\nbody of the statutes, already not very long before revised, as\\nwere clearly necessary, namely, such as were merely verbal.\\nEach side presented a report to the Legislature, setting forth\\nits views, but no action was taken by that body. With wide\\ndifferences of opinion among the Commissioners, which con-\\ntinued in spite of all attempts to harmonize them, the work\\nproceeded but slowly. Both sides again submitted conflict-\\ning reports to the Legislature, and as that body, after the\\nlapse of two months, still took no action. Judge Waterbury,", "height": "3480", "width": "1933", "jp2-path": "nelsonjarviswate00osul_0039.jp2"}, "40": {"fulltext": "S6\\nunwilling to waste his time in what he considered viseless.\\nwork, resigned the office. Time has justified the wisdom of\\nhis views. After the lapse of nearly eight years from the\\ncreation of the commission, and the cost to the State of a\\nquarter of a million of dollars, the commission has ceased to\\nexist, having only partially accomplished its work, of which\\nonly a part has been enacted by the Legislature the pro-\\nfession is profoundly divided over the subject, and the pres-\\nent question apppears to be, not whether any more shall be\\nadopted, but whether what has been enacted shall be allowed\\nto stand.\\nJudge Waterbury is a son of Col. Jonathan Waterbury, a\\nhighly esteemed citizen of New York, who died in 1829, at\\nthe early age of thirty-one. His mother was Elizabeth Jar-\\nvis, daughter of Elijah Jarvis (nephew of Bishop Jarvis),\\nand of Betsey Chapman, daughter of Dr. Chapman, a dis-\\ntinguished physician of that day, of Norwalk, Connecticut.\\nBoth of his mother s parents were carried off by yellow fever,\\nin New York, in her infancy, in the year 1801. It was said,\\nat the great ball given by the city to Lafayette, at Castle\\nGarden, in 1824, that Colonel and Mrs. Waterbury were the\\nhandsomest couple in the room. Family tradition relates\\nthat on the occasion of that ball, the streets and approaches\\nto Castle Garden were so blocked by the crowds of carriages,\\nand people on foot, that Colonel and Mrs. Waterbury had\\nto take a small boat at the foot of Courtlandt Street, to\\nreach the scene of the festivity.\\nJudge Waterbury married, early in life. Miss Gibson, a\\nlady whose parents, resident in Boston, Mass., had died in\\nher infancy her mother was of the Cooledge family. She\\nhas been ever the blessing and solace of her husband s life.\\nThey have three lovely daughters, and one son, now a stu-\\ndent in Columbia College, destined, like his father, to the\\nprofession of the law. Judge Waterbury is one of the most\\namiable and unselfish of men, and a true and constant friend,\\ntoo often, perhaps, too generous a one. Among the million\\nof its population, New York contains no more affectionate\\nand unostentatiously pious a home, one in which the parents\\nare the friends and companions of the children nor has its\\nportal ever yet been darkened by the shadow of death.\\nLong may it continue to enjoy that favored exemption.", "height": "3505", "width": "1891", "jp2-path": "nelsonjarviswate00osul_0040.jp2"}, "41": {"fulltext": "", "height": "3480", "width": "1933", "jp2-path": "nelsonjarviswate00osul_0041.jp2"}, "42": {"fulltext": "LIBRftRY OF CONGRESS\\n014 209 171 9\\nL", "height": "3505", "width": "2028", "jp2-path": "nelsonjarviswate00osul_0042.jp2"}, "43": {"fulltext": "", "height": "3480", "width": "1933", "jp2-path": "nelsonjarviswate00osul_0043.jp2"}, "44": {"fulltext": "LIBRARY OF CONGRESS\\n014 209 171 9", "height": "3505", "width": "2175", "jp2-path": "nelsonjarviswate00osul_0044.jp2"}}