NEW ENGLAND

HISTORICAL AND GENEALOGICAL REGISTER.

VOL. XXI.

OCTOBER, 1867.

No. 4.

SKETCH OF THE LIFE AND CHARACTER OF EBENEZER LANE, LL.D., LATE JUDGE OF THE SUPREME COURT OF OHIO.

By Rev ALFRED Newton, Norwalk, Ohio.

On the 17th of Sept., 1793, Ebenezer Lane first saw the light. He was born at Northampton, Mass., one of those beautiful villages which adorn the valley of the Connecticut River. His father was Capt. Ebenezer Lane, the son of Deacon Ebenezer Lane, of Attleborough, Mass., who was descended from William Lane, an emigrant in 1635, to Dorchester, Mass., from England. His mother was Marian Chandler, a descendaut from Henry Wolcott, of Windsor, Conn., and of Matthew Griswold, of Lyme, Conn., a daughter of Matthew Griswold, Governor of Connecticut, who was first married to Charles E. Chandler, Esq., Counsellor of Law, at Woodstock, Conn., whose second husband was Capt. Ebenezer Lane.

At eight years of age, he was sent to a Grammar School at Leicester, in the County of Worcester, where he prepared for College. At the early age of 14, he entered the University of Cambridge, and graduated in 1811. To the same class belonged Rev. N. L. Frothingham, D.D., a distinguished clergyman of Boston, Edward Reynolds, M.D., an eminent physician of the same city, and the late Edward Everett, whose ripe scholarship, finished oratory, and polished manners, gave him a trans-Atlantic fame. Young Lane did not aim at distinction in the studies of the College course, though he maintained a respectable standing for scholarship. He began while yet a student to develop that mental trait, which became so prominent in after life -a fondness for general knowledge-leading to an acquaintance with all kinds of books, particularly books of history. So extensive and accurate was this acquaintance, that he was called " the walking library." In addition to the prescribed studies of the course, he had learned the French language.

Soon after leaving College, he commenced the study of Law at Lyme, Conn., with his uncle, Judge Matthew Griswold. He began the practice of Law at Norwich, Sept. 14, 1814-during our war with Great Britain. Three months afterwards he moved to East Windsor, and subsequently to Windsor Hill. He was made a Notary Public for Hartford County, May 21, 1816, by commission from Gov. John Cotton Smith.

After the close of the war in 1815, a spirit of emigration to the West was awakened in New England. The Western Reserve, from the fact that it had been owned by the State of Connecticut, and that by its situation on the lake shore, it was more easily reached than other portions of the West, attracted much of the emigration of that period.

The profession of the Law in Connecticut seemed to Mr. Lane to be overcrowded, and he thought better opportunities of success would be found in the West. So he concluded to become an emigrant, and cast in his lot with those who were making the Western Reserve their future home. On the 20th of Feb., 1817, in the 24th year of his age, he left Massachusetts with his step-brother, Heman Ely. They came by wagon through Albany and Buffalo, and reached Elyria on the 17th of March, three days less than a month from the time they started.

I have no means of determining the population of the Reserve at that time. But Cleveland was only a small village, Norwalk had hardly an existence, and Elyria was yet to take its name from Mr. Ely, its chief proprietor. The prospect for immediate and extensive legal business in so new a country could not have been very flattering. But Mr. Lane could not think of being idle, and so he purchased a farm of moderate size, that he might have occupation when unengaged in the business of his profession. He afterwards regarded the time he spent on this farm as of much value to him intellectually, inasmuch as it forced upon him the habit of closely observing external

nature.

On the 29th of October, 1817, he left Cleveland for New England, going by the way of Pittsburg, Harrisburg and Philadelphia, performing the journey on foot, in twenty days. He thus showed not only that he possessed great power of physical endurance, but that higher intellectual and moral force which enabled him successfully to cope with the difficulties and hardships of pioneer life. This pedestrian tour of seven hundred miles, doubtless also reacted on his character, and strengthened him for those arduous journeys he was obliged afterwards to take over bad roads in his judicial circuit, in the performance of his professional duties.

He returned to Elyria by stage, through Buffalo, Feb. 5, 1818. He re-visited New England, Oct. 1, and was married Oct. 11th, of the same year, to Frances Ann, daughter of Gov. Roger Griswold, of Lyme, Connecticut. Returning to Ohio, Nov. 1st, the newly married pair commenced house-keeping, on the farm in Elyria.

But farming was not to be his leading pursuit. His purpose was unshaken to follow the profession of the law. The population of this part of the Reserve was increasing. The county seat, originally at Avery, in the township of Milan, had, after a good deal of trouble and delay, been located at Norwalk. This place therefore seemed to hold out stronger inducements to the young lawyer than Elyria, and accordingly he removed to Norwalk on the 10th of October, 1819. The journey from Elyria to Norwalk was performed on horse backMrs. Lane riding one horse and her husband riding another, he carrying their infant child upon a pillow in his arms. They were two days on the road, and passed the night at the house of Mr. Leonard, in Henrietta.

The house which they occupied for twenty years afterwards, had

been commenced. The only part erected, the kitchen, was in an unfinished state. The roof and siding were on, but the floor was of unplaned boards lying loose. The doors were not hung, and there was no chimney. Mrs. Lane did her cooking for the first two weeks out of doors by a stump. Thus they passed the winter. Notwithstanding such poor accommodations-such ill protection from the inclemencies of the season, they all enjoyed excellent health.*

Mr. Lane had been appointed Prosecuting Attorney for Huron County in May, 1819. In this capacity it became his duty to prosecute two Indians by the names of Negoshetek and Negoneba, for the murder of two men, Wood and Bishop, on Portage River. They were convicted and hung in Norwalk, July 1, 1819.

On the 8th of January, 1822, he was admitted as Attorney at Law in the U. S. Circuit Court at Columbus. About two years after, he was appointed Judge of Common Pleas, of the Second Circuit. He commenced as Judge in Union County, April 19, 1824; but there being no business to be done, he presided at the Delaware Court held two days after. In this office he continued six years, when he was appointed Judge of the Supreme Court of Ohio. His first session was held at Piketon, in 1830. In December, 1837, he was re-appointed by commission from Gov. Bartley.

He had been on the Bench more than twenty years, and had been separated from his family by reason of his official duties, in the aggregate, half of this period. And though naturally of the most active and stirring habits, yet he had arrived at that period of life, when he felt the need of the quiet influences of home and the domestic circle. He had discharged the duties of his responsible office most faithfully. He had long served the State in one of its most important departments, and who could reasonably complain if he should, at the age of 52, lay aside the burdens of office and retire to private life. accordingly resigned his commission as Chief Justice of Ohio, in February, 1845. He had removed from Norwalk to Sandusky in July, 1842.

He

At the period of his resignation, Rail Roads began to be projected in Ohio, and the discerning eye of Judge Lane saw that this interest would be one of great and growing importance in our State and country. Known all over the State to be a man of the highest integrity and judicious in the mannagement of his own affairs-known favorably also in other States through his high official position, he was chosen President of the Columbus and Erie, the Mad River, and the Junction Rail Roads. The prestige of his name was felt by these corporations. The confidence of the community in them was strengthened; and though like many similar enterprises in the country, they may not have been profitable to the shareholders, they have been of immense value in developing the resources of the portions of the State through which the roads are carried.

He passed the next ten years of his life mainly in the management of the Rail Roads already named; yet giving all his leisure hours to books with which his library was amply stored.

* As an illustration of the privations and hardships of pioneer life, especially to women who had been accustomed to all the comforts and elegancies of the best New England families, I may state that in the absence of Mr. Lane, and with no domestic help, Mrs. Lane was obliged to milk the cow. At one time, while performing this operation, she had to leave it six times to go in and soothe the crying baby as it was lying on the floor.