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duties. The wisdom of his selection has been justified by his career upon the bench. The office of district judge does not afford such opportunity for public distinction as the bench of some other courts, the jurisdiction of the court being principally limited to cases arising under the constitution and laws of the United States. New Hampshire, from its size, location, and business relations, furnishes only a small amount of business for the federal courts, and not much of that generally of public interest. In addition to holding his own court, Judge Clark has frequently been called to hold the federal courts in other states in the first circuit. He has brought to the discharge of his judicial duties the same learning, industry, and interest that characterized his labors at the bar and in the senate. His decisions have commended themselves to the profession for their soundness and fairness. Judge Clark, apparently indifferent to the preservation of his opinions, has neglected to put them in shape for publication in the reports of the first circuit, to the regret of his professional friends and admirers. He has now (1887) been upon the bench twenty-one years. He was entitled, under the law of congress, to retire in 1879 upon the salary for the rest of his life. But he has preferred to earn his salary, and "to wear out rather than to rust out." With his physical strength but slightly impaired, his mind as vigorous as in the years of his full manhood, he, at the age of seventy-seven, gives promise of many years of future useful

ness.

In 1876 he was a member and

president of the convention called to revise the constitution of New Hampshire.

Judge Clark, in 1850, formed a copartnership with his brother David in the practice of the law, which was dissolved, by reason of the ill health of the latter, in 1856. In December, 1856, he entered into copartnership with Isaac W. Smith, now upon the supreme bench of New Hampshire, who read law with him in 1848-'50. Their firm was dissolved in December, 1861, at which time his practice of the law may be said to have substantially ceased. So much of his time was absorbed with congressional duties, and other public duties between sessions growing out of disturbances caused by the civil war, that he had but little time or inclination to follow the courts or attend the calls of clients in his office.

Judge Clark has been fully identified with the growth and history of Manchester. He has taken great interest in its material prosperity, and has merited and received the confidence of its inhabitants. Besides representing the town and city five years in the legislature, he has held various offices of trust, viz., member of the school board, chief engineer of the fire department, trustee of the city library, city solicitor, trustee and president of the Manchester Savings Bank, director of the Amoskeag Manufacturing Company, and trustee of the State Industrial School. No citizen of Manchester, with possibly the exception of the late Governor Straw, has exerted so much influence for its growth and prosperity as he. As he looks to-day upon this beautiful city of forty thou

sand people, and their busy mills, lished proceedings of that occasion. well paved streets, shady side-walks, Judge Clark has contributed liberfruitful gardens, and peaceful homes, ally to the support of preaching, he, if any one, may repeat the words worshipping with the Unitarians. of the Roman poet, "Quorum magna His views correspond with those of pars fui." Rev. Dr. A. P. Peabody, of Cambridge, Mass., or with the views of what may be called the Orthodox Unitarians. He has no sympathy with the doctrines of the ultra part of that denomination. In more recent years he has worshipped at the Frankin Street Congregational Church (Orthodox), of which Rev. Dr. George B. Spaulding was lately the pastor.

Judge Clark has not failed to take a deep interest in his alma mater, which in 1866 honored herself as well as him by conferring upon him the degree of LL. D. In 1861, upon the invitation of the city councils of Manchester, he delivered a eulogy upon the life of President Lincoln, and in 1880, upon the invitation of the alumni of Dartmouth college, a eulogy upon the life of Judge George F. Shepley before that association, both of which were subsequently published. In 1869, on the occasion of the centennial anniversary of the founding of the college, he delivered an address before the alumni at the invitation of the trustees. A copy was requested for publication, which unfortunately was withheld too late for it to appear with the other pub

Judge Clark has been twice married, the first time, in 1840, to Hannah W. Robbins, who died in October, 1844, leaving no children; the second time, to Annie W. Salter, in 1846, who is still living. He has had four children,-three sons and one daughter. The two oldest are living, engaged in the practice of the law. One son died in infancy, and the daughter when between two and three years of age.

JOSEPH EMERSON DOW.
The Earliest Settled Lawyer in Littleton.
BY A. S. BATCHELLOR.

In the first decade of the present century the town of Littleton increased in population from 381 to 873. The inhabitants were successfully subduing the wilderness, developing productive farms, establishing lucrative trade, and introducing manufactories of many articles. New highways had been constructed which gave the various sections of the town

convenient access to the county roads and great turnpikes, and beneficial communication with the business towns throughout the country. Then, as now, Littleton would deserve the distinction of being a flourishing community. In 1807 the place attracted the attention of Joseph Emerson Dow, a young lawyer of distinguished family and promising antecedents, as

a suitable location for the practice of his profession. Early in the year he became a resident of the north part of the town, and commenced business. Several stores and shops, the post-office, the distillery, and most of the influential inhabitants were in that section. The site of the present village was then called Amonoosuck, but it was never a post-office point until 1820, when one was established and named Glynville.

Of Mr. Dow's law practice there is not much to be said. He had little of it at home, and carried less to court. His house was the one now occupied by George W. Fuller, but his office, the old settlers say, was kept in his hat; and the extent of his practice was commensurate with the office.

An eminent lawyer has said it would be better for a beginner in the practice of law to go to some place where business was plenty and try for a share of it, than to go where there was none and try to make it.

Mr. Dow, perhaps, proved to his own satisfaction the truth of the proposition at Littleton, Franconia, and Thornton, where he successively located.

While a resident at Littleton he held several town offices. He was a member of the second town schoolcommittee, or board of school inspectors, as they were then designated (Act of December 22, 1808). At this time the town had never had a settled minister, but the Rev. David Goodall, the ancestor of several attorneys who have been prominent at the bar, had been for many years a resident. He was an extensive land-holder, a leading citizen, and,

though formally retired from the ministry, he often officiated at the religious gatherings of the vicinity.

The Rev. Mr. Goodall, Dr. Wm. Burns, then a young practitioner of medicine, and Esquire Dow constituted this board of school inspectors. An important improvement in the system of education was thus put in operation. The board left no formal report of their doings. The schools were populous in those days of increase and multiplication, and no doubt the inspectors did their whole duty. They are certainly entitled at this time to the benefit of the legal maxim, Omnia præsumuntur rite esse

acta.

The impression made upon the minds of people and pupils by this board when sitting in official state cannot be accepted as portrayed in the irreverent rhymes passed down to us by tradition. The Muse of David Goodall, Jr., is held responsible for the production:

"Lord, have pity

On this committee,
That stand before us now.
There's old Bald Head,
And Wooden Leg,

And Popple Headed Dow."

Mr. Dow was a good school-teacher, and his services were had in that employment for many years at Franconia and in the neighboring towns.

In 1811* he moved to Franconia,† where he remained until 1830. He was a selectman of that town from 1818 to 1828 continuously, with the exception of two years, and, with the

*He was followed in the practice at Littleton by Elisha Hinds, Esq., who settled here about the

time of Mr. Dow's removal and remained about 20 years.

†The dates given to mark periods of residence are from assessment records, etc., on town books

same exception, was town-clerk from 1817 to 1825. In addition to this he was generally moderator of the townmeetings, and a school officer. He made little account of his profession of the law during the remainder of his days. In fact, he was employed many years by the Iron Company as a woodworker.

From Franconia he removed to Thornton, where he remained till 1847. At the latter place he held the town offices of moderator and clerk, and most of the time was postmaster. He was the principal justice of the peace in that region, and was much occupied in the duties that pertain to that office, at a time when it was one of some importance and distinction.

Returning to Franconia from Thornton, he passed his remaining years at the Ironworks village.

Mr. Chapman, in his book of biography of Dartmouth college grad uates, says Mr. Dow practised his profession for a time at Strafford, Vermont; but his residence there must have been very brief and probably uneventful, as his name does not appear upon the town records.

In the circumstances of birth, early social surroundings, and first marriage, Mr. Dow seems to have been fortunate. His parents were Gen. Moses Dow and Phebe (Emerson) Dow of Haverhill, where he was born in 1777.

Gen. Dow was one of the eminent men of the bar of Grafton county. He held the office of register of probate thirty-four years; was state senator and president of the senate, councillor, judge of the court of common pleas, major-general of the state

militia, and at several terms of court, before and after the war of the Revolution, he was acting attorney-general in Grafton county.

In the Revolutionary period he was an earnest patriot, and subsequently acquired a very extensive practice in his profession.

His example will become more and more conspicuous by one notable act, if for nothing else in his eventful life, should the rivalries for high political office increase and intensify in the future as the present promises. He declined to accept an election to congress, which he had received from the general assembly of New Hampshire. His letter* of declination contains evidence both of the high character of the man and of his refined literary attainments.

It is to be hoped that his life and character may receive appropriate attention at the hands of some member of the bar association. The records of such men are the most valuable of the possessions of our profession.

The son, Joseph E. Dow, received his education at the schools at Haverhill, and at Dartmouth college, where he was graduated in 1799. He was thus a contemporary in college with Webster, but not a class-mate, as has been sometimes asserted.

He studied the profession of law with his father, at Haverhill, and was admitted to the bar,† at that place, at the September term, 1802, and in Caledonia county, Vermont, at Janu

*Hammond, N. H. Town Papers, vol. 12, p. 182.

Hon. Jack Mattocks gave it on the authority of Hon. Peyton R. Freeman, that Mr. Dow was asked but one question at his examination for admission, and to that he gave a true answer. "What is the best title a person can have in real estate?" Mr. Dow replied that he did not know.

ary term, 1803. He continued in the practice, principally at Haverhill, until he located at Littleton.

He was then a Freemason, but probably had no active affiliation with any church. This was certainly the case in his later years.

In politics he was a Democrat of the brand commonly termed "dyed in the wool." He maintained an erect carriage of a form that was tall, well filled, and well proportioned. All with whom he came in contact were reminded of the characteristics of a gentleman of the old school, by his accurate and scholarly conversation, his polished manners, and his agreeable presence.

A short time before coming to Littleton he married Abigail Arnold, a lady of excellent family and high character, a daughter of Hon. Jonathan Arnold, who was one of the early members of the Continental congress from Rhode Island. This gentleman is reputed to have once owned the whole of the present territory of the towns of Lyndon, Sutton, and St. Johnsbury, Vermont.

Jonathan Arnold was thrice married. Gov. Arnold of Rhode Island was one of the offspring of the third marriage; of the second was Freelove Arnold, wife of Noah Davis of Haverhill, N. H., and these were the parents of Judge Noah Davis of New York. Abigail Arnold was a child of the first marriage. Her father dying when she was only eleven years of age, she was received into the family of Hon. Charles Marsh, of Woodstock, Vermont, and thus became the adopted sister of the Hon. Charles P. Marsh, who recently closed a long career of honor and

usefulness in public affairs and in the world of letters.

Abigail Arnold faithfully followed the fortunes of her husband until her death. which occurred Nov. 30, 1824.

Their children were Catharine, who died in infancy; James Barber and Moses Arnold, both born in Littleton; George Burrill, born in Lincoln; and Charles Marsh, born in Franconia.

Moses Arnold Dow became very successful in the business of publishing the Waverly Magazine. He made valuable public benefactions to the towns of Littleton and Franconia, and erected an elegant monument in the village cemetery at Franconia to the memory of his father and mother, who there lie buried.

In the summer of 1883 Mr. Dow procured a large photograph of the old homestead at North Littleton to be taken with himself in the foreground. He told me that his mother was beside him in the spirit form, while the picture of the old home and her boy was being made; and that she felt the same joy at his presence with her then that she did in the years long gone by, when she caressed him in the cradle in that same old house.

Mr. Dow, the father, in his subsequent marriage with Nancy Bagley of Thornton, did not better his condition. Her methods of procedure may be described by the words of Bret Harte, as

* frequent, and painful, and free." It is related that she made the deputy sheriff's recollections of his official visits to her husband's "castle" more vivid than fragrant.

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