Charles E. (Charles Elliott) Fitch.

Encyclopedia of biography of New York, a life record of men and women whose sterling character and energy and industry have made them preëminent in their own and many other states (Volume 5) online

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the book is that in which Mr. Clarke seeks to
show that there is scientific warrant for the dis-
tinction between statute and case law ; that their
provinces are properly different ; and that while
statute law deals with morally indifferent con-
duct, case law relates to ethical conduct. There
are many things in the volume much more valu-
able than these whimsical distinctions — ^or the
contention that "the necessity for codification
arises from the clash of wills." The author
throws out several hints and suggestions well
worthy of the consideration of law makers, and
shows that much remains to be done to perfect
the mechanics of legislation.

From "The Manchester Guardian," Tuesday,
August 23. 1898, No. 16,235: * * * The book
is indeed the most formidable attack on codifica-
tion which has appeared for a long time — well
planned, clearly written, ably and ingeniously
argued.

From "The Canada Law Journal," vol. xxxiv,
No. 17, October 15, 1898: * * ♦ As the au-
thor states, it is a curious fact that no work
exists in which the general outlines of legal
systems are explained in popular terms, so as to
be intelligible to the ordinary man not versed in
technicalities. The book is, firstly, an introduc-
tion to the study of law and secondly, gives the
ground work on which to build up an argument
on codification. It should, therefore, be helpful
to those students of the law who desire to be
lawyers and not merely practitioners. It exhibits



much thought and research, and is written in an
interesting style and clear in expression. There
is entirely too little thought and time given to
the study of foundational truths, such as are
presented in this book, and the sooner the student
is compelled to know more of the science of law
and law making, the better for the profession.

From "The Evening Sun" (New York), Satur-
day, June 3, 1899: The layman is accustomed to
associate dullness with treatises on the law. But
how foolish this notion is he would speedily
admit were he to glance into "The Science of
Law and Law Making" (Macmillan), by Mr. R.
Floyd Clarke of the New York Bar. It is a
philosophical and scholarly statement of first
principles and their application. The great sub-
ject is handled with such grasp and skill as to
make the questions dealt with interesting to the
least sympathetic. The volume, which only runs
to 450 pages, is one which no lawyer's library
should be without. As for the student and the
legislator, they will find it the best possible in-
troduction to what has been until recent years
a puzzling and bewildering wilderness. Mr.
Clarke speaks with authority, but in no case have
we come upon a quotation in his book which
could be described as having been used for the
purpose of ostentation. * ♦ *

Were it only to be regarded as a book of
reference, this treatise would be very valuable.
Mr. Clarke has the trick of clever definition and
apt illustration.

From "The Speaker" (London), vol. xviii. No.
466, p. 675, December 3, 1898: This is a very able,
if somewhat diffusive, argument against the codi-
fication of English case law, but we cannot ex-
actly understand how it came to be labelled "The
Science of Law." * * *

Mr. Clarke's book, though the unscientific
lawyer may perhaps think it too conclusive to
have needed writing, may with great confidence
be recommended to all professors and laymen
who take an interest in legal reform. It comes
with added authority from across the Atlantic.

Munroe Smith in "The Political Science Quar-
terly," vol. xiv. No. 2, p. 347, June, 1899, says :

* * * He therefore begins at the beginning
and writes "an introduction to law" which pre-
pares the way for an exhaustive analysis of the
difference between statutory and judicial law.
This part of the work is well done, and the book
can be cordially commended to every layman who



238



ENCYCLOPEDIA OF BIOGRAPHY



desires a more definite conception of the ways in
which law comes into existence. The method of
concrete illustration is perhaps pushed to an ex-
treme; the layman may be induced to read a case
or two, and even a statute or two, but he is
hardly likely to peruse with care extracts from a
digest or the table of contents of a code.

As regards the treatment of the special question
of codification, the book has great merits. The
author really makes it possible for a layman to
see, as few lawyers really see, what is meant by
the "flexibility" of case law. When he says (p.
255) that "the case law deals with the actual
phenomena, while the code law deals with human
abstractions from the phenomena as the counters
for its reasoning." he has really gone to the
bottom of the question.

From "Law Notes," Northport, New York,
January, 1900: * * * \\rg Jq ^jq^ know
whether the author has had previous experience
in literary work, but his book shows no signs of
the prentice hand. One may open it at any page,
and reading a sentence, his attention and interest
are fixed at once. * * *

In the short space of this notice we can give no
adequate idea of the charm of this book for a
thinking reader. Any one who has read Buckle
with delight cannot fail to be delighted with Mr.
Clarke's essay. In its lucid and vigorous style it
resembles the work of the distinguished philo-
sopher-historian. But a more striking resem-
blance is found in the fact that our author, like
Buckle, ramsacks the whole realm of human
knowledge in ardent search for analogies that
will support his argument. And he finds them
too.

Hon. John J. Dillon writes of the book ; * * *
I have delayed writing you until I could find the
time to read the volume, which I have now done
with both pleasure and instruction. Its pages are
replete with proofs of your wide reading and
research, and of your own studies and reflection,
and the results are embodied in this delightful
volume. With here and there a slight reserva-
tion, I am able to agree with you concerning the
important subjects which you discuss.

Hon. William L. Penfield, Solicitor of the
State Department, Washington, 1904, etc., writes:
* * * It is a solid contribution to the science
of jurisprudence; its style is lucid and engaging,
and I find it very readable and instructive.



ELY, Albert Heman,

Physician, Surgeon.

Dr. Albert Heman Ely, one of the most
prominent physicians of New York City,
was born November 22, i86o, in Elyria,
Ohio. His ancestor, Nathaniel Ely, was
born in England, doubtless at Tenterden,
County Kent, in 1606, and received a
common school education, as evidenced
by the records left behind him. He caine
to America, it is thought, in 1634, in the
bark "Elizabeth," from Ipswich, England,
with his wife Martha, and a son and a
daughter. His name is not on the pas-
senger list, but that of his friend, Robert
Day. appears, and as they settled on ad-
joining lots in Newtown, Massachusetts
Bay, now the city of Cambridge, May 6,
1635, it is reasonable to believe that they
came together. In 1639 he was one of
the constables of Hartford, and in 1643-
49 one of the selectmen. The name of
Nathaniel Ely is on the monument to the
memory of the first settlers of Hartford.
He died December 26, 1675, and his wife,
Martha, October 23, 1688. Samuel Ely,
son of Nathaniel and Martha Ely, was
born probably at Hartford, or Cambridge,
Massachusetts, and died March 19, 1692.
He removed to Springfield with his par-
ents and married there, October 28, 1659,
Mary, youngest child of Robert Day.
Their sixteen children were all born in
Springfield. Deacon John Ely, son of
Samuel and Mary (Day) Ely, was born
January 28, 1678, at Springfield, and died
at West Springfield, January 15, 1758.
He married Mercy Bliss, and their son.
Ensign John (2) Ely, was born Decem-
ber 3, 1707, at West Springfield, and died
there May 22, 1754. He married, Novem-
ber 15, 1733, Eunice Colton, born at
Longmeadow, February 22, 1705. died
March 29, 1778. Justin Ely, son of En-
sign John (2) and Eunice (Colton) Ely,



239



ENCYCLOPEDIA OF BIOGRAPHY



was born August lo, 1739, at West
Springfield, and died there June 26, 1817.
He graduated from Harvard College,
1759, and became a successful merchant
in his native town, where he conducted a
larger business than any other merchant.
During the Revolution he was active in
aiding the country, especially in collect-
ing men who were drafted into the serv-
ice and in providing for them afterwards.
He married, November 9, 1762, Ruth,
daughter of Captain Joel and Ruth (Dart)
White, of Bolton, Connecticut, and had
four children.

Heman Ely, youngest child of Justin
and Ruth (White) Ely, was born April
24, 1775, in West Springfield, and died
February 2, 1852, in Elyria, Ohio. Early
in the nineteenth century he became in-
terested in the purchase of lands in Cen-
tral and Western New York, and under
his direction large tracts there were sur-
veyed and sold to settlers. At about the
same time he entered into partnership
with his brother Theodore in New York
City, and was for ten years engaged with
him in commerce in Europe and the East
Indies. During this time he visited Eng-
land, Holland, France and Spain, largely
in the interests of his business. In France
he lived long enough to acquire the lan-
guage, and was in Paris from July, 1809,
to April, 1810, where he was witness of
many social and political events of his-
torical interest. He saw in August, 1809,
the grand fete of Napoleon and the Em-
press Josephine, and in the evening at-
tended a ball at the Hotel de Ville, where
h cotillion was danced by a set of kings
and queens. The following April, the
Empress Josephine having in the mean-
time been divorced and dethroned, he
witnessed the formal entrance into Paris
of Napoleon and Marie Louise of Aus-
tria, and the religious ceremony of mar-
riage at the chapel of the Tuilleries. At
that time all Europe was under arms and



passage from one country to another was
attended with the greatest difficulty and
danger. Mr. Ely and a friend, Charles
R. Codman, of Boston, in 1809 embarked
for Holland from England in a Dutch
fishing boat, were fired upon by gen-
darmes as they tried to land, and only
after a long journey on foot reached Rot-
terdam and finally Paris. In 1810 he re-
turned to America and the following year
visited Ohio, and returned to New Eng-
land by way of Niagara Falls, the St.
Lawrence, and Montreal. In 1816 he
again visited Ohio, and in February, 1817,
accompanied by a large company of
skilled workmen and laborers, he left the
east for his future home. The new settle-
ment was named by Mr .Ely, Elyria, and
owed its prosperity to his life-long efforts.
Mr. Ely was a Federalist in politics, of
the school of George Cabot, Harrison
Gray Otis and Thomas Handyside Per-
kins. He married at West Springfield,
October 9, 1818, Celia Belden, daughter
of Colonel Ezekiel Porter and Mary (Par-
sons) Belden.

Heman (2) Ely, son of Heman (i) and
Celia (Belden) Ely, was born October 30,
1820, at Elyria. His mother died in 1827,
and he was brought up by Rev. Emerson
Davis, D. D., and his wife, of Westfield,
Massachusetts. Later he attended the
high school at Elyria and Mr. Simeon
Hart's school in Farmington, Connecti-
cut. He then returned to Elyria and en-
tered his father's office, where he received
a business training particularly in the
care of real estate. He soon assumed the
entire business. He assisted in the or-
ganization of the first bank in Elyria, was
chosen a director in 1847 and from that
time has been connected with it as direc-
tor, vice-president and president. It be-
came in 1S83 the National Bank of Elyria.
In 1852, with Judge Ebenezer Lane and
others, he secured the building of that
section of the present Lake Shore &



240



ENCYCLOPEDIA OF BIOGRAPHY



Michigan Southern Railway, then known
as the Junction Railroad, from Cleveland
to Toledo. From 1870 to 1873 he was a
member of the State Legislature, and in-
terested himself especially in the forma-
tion of the state insurance department.
He was a member of King Solomon's
Lodge, Free and Accepted Masons, and
was worshipful master from 1852 to 1871 ;
of the Grand Commandery of Knights
Templar of Ohio, grand commander from
1 864 to 1 87 1 ; of the Supreme Council of the
Ancient Accepted Scottish Rite of Free
Masonry for the Northern Jurisdiction of
the United States, and treasurer for some
years. He was also a member of the Con-
gregational church in Elyria, and for
many years one of its officers. For ten
years he served as superintendent of the
Sunday school. He has spent some time in
compiling the records of the Ely family.
He married (first) in Elyria, September
I. 1841, Mary, daughter of Rev. John and
Abigail (Harris) Montieth, born in Clin-
ton, Oneida county. New York, Novem-
ber 12, 1824, died in Elyria, March i, 1849.
He married (second) in Hartford. May
27, 1850, Mary Frances, daughter of Hon.
Thomas and Sarah (Coit) Day, born in
Hartford. May 7, 1826.

Dr. Albert Heman Ely, son of Heman
(2) and Mary Frances (Day) Ely, pre-
pared for college at Phillips Academy,
Andover, Massachusetts, and entered
Yale University, where he was graduated
in the class of 1885 with the degree of
Bachelor of Arts. He entered upon the
study of his profession at the College of
Physicians and Surgeons of Columbia
University, and was graduated there with
the degree of M. D. in 1888. He received
his hospital experience as interne at St.
Luke's Hospital in New York City. For
about two years he traveled and studied
abroad, attending lectures and acquiring
hospital experience at Vienna. Since his
return to this country he has been en-
N Y— Vol IV— 16 24



gaged in general practice in New York
City. He is a member of the County and
State Medical societies, the American
Medical Association, and is a Republican
in politics. He belongs to the New Eng-
land Society of New York, the Univer-
sity, Yale and Southampton clubs, and is
a communicant of the Protestant Epis-
copal church. He married, at Rochester,
New York, October 7, 1891, Maude Louise
Merchant, born at Rutland, Illinois,
daughter of George Eugene and Frances
(Sherburne) Merchant. Children: Regi-
nald Merchant, born August 10, 1892,
died August 21, 1892; Albert Heman,
March 21, 1894; Gerald Day, October 7,
1896, died December 29, 1900; Francis
Sherburne, November 7, 1902. Albert
H. Ely, Jr., graduated at Yale, 1915, pre-
pared at Hill School and for a year before
he entered college traveled with the Por-
ter E. Sargent School of Travel, going
through all Europe, the Eastern Medit-
teranean, Greece and the Dalmatia Coast.
During the summer of 1914 he made a
complete trip around South America
through the Straits of Magellan and Pana-
ma Canal. At present he is studying in
Columbia Law School.



MILLER, Charles Ransom,

Journalist.

Charles Ransom Miller, editor of the
"New York Times," one of the leading
newspapers of the country, is a descend-
ant of an old English family. His an-
cestor. Thomas Miller, yeoman, of Bis-
hops Stortford (called usually Stortford),
England, had by his wife Bridget, daugh-
ter of Thomas Jernegan. seven children.
John Miller, of Stortford, son of Thomas
and Bridget (Jernegan) Miller, was a
butcher, as shown by his will dated
March 26, 1601, proved November 9. 1602.
He married Elizabeth, daughter of Rich-
ard Jardfeilde, of Stortford, and sister of



ENCYCLOPEDIA OF BIOGRAPHY



John and George Jardfeilde. Their son,
John (2) Miller, married, and had three
children, according to parish records
which run back to 1561. Thomas Miller,
son of John (2) Miller, was born at Bis-
hops Stortford, about 1610, came to Mas-
sachusetts with his brother John in 1635,
but did not settle in Dorchester, as the
list of inhabitants of that town in Janu-
ary, 1636, contains only John and Alex-
ander. The first notice we have of Thom-
as Miller is that he was enrolled as a free-
man at Boston, May 22, 1639, residence
Rowley. His first wife, Isabel, died in
1660, leaving one child, and he married
(second) at Middletown, June 6, 1666,
Sarah, daughter of Samuel Nettleton, of
Milford, settled there in 1639. Benjamin
Miller, son of Thomas and Sarah (Nettle-
ton) Miller (senior so-called in Middle-
town records), was born July 30, 1672,
died September 12, 1737; he married,
1701, Mary Basset, born 1674, died De-
cember 5, 1709. Their son, Benjamin (2)
Miller, was born 1702, and removed to
New Hampshire in 1738, as in the latter
year and in 1753 we find him at Newing-
ton, and as late as June 5, 1783. He mar-
ried, about 1730, Hannah, surname un-
known. Benjamin (3) Miller, son of Ben-
jamin (2) and Hannah Miller, was born
between 1731 and 1735. He was in New-
ington. New Hampshire, prior to 1775,
when he removed to Brookfield, Massa-
chusetts, but returned to New Hampshire
about 1778-80, settling at Lyme, where he
probably died. He married, in 1773.
Esther, daughter of Elijah Clapp, and
had four children. Elijah Miller, son of
Benjamin (3) and Esther (Clapp) Miller,
was born at Newington. in 1774, as his
recorded age at death in New Hampshire
State Official Register was sixty-three.
He was baptized June 23, 1776, died Janu-
ary 10, 1837. He was in the town of
Lyme, New Hampshire, from 1780 to
1798, when he removed to Hanover, and



married there Eunice, daughter of David
and Susanna (Durkee) Tenney ; she was
born in Hanover, December 21, 1783, died
February 21, 1870. Mr. Miller also held
several local offices in Hanover town and
Grafton county, and was state senator,
June 2^, 1829, to June 2, 1830, and from
that date to June i, 1831 ; and was a
member of the governor's council 1834-
35-36, and died, according to New Hamp-
shire Official Register of 185 1, January
10, 1837, aged sixty-three. He was a man
of ability and distinction. In politics he
was a Democrat, in religion a Unitarian.
By occupation he was a farmer. Elijah
Tenney Miller, son of Elijah and Eunice
(Tenney) Miller, was born August 15,
1815, at Hanover, New Hampshire, and
died May 30, 1892. He married Chastina
C. Hoyt, born about 1826, daughter of
Benjamin and Abigail (Strong) Hoyt.
They had three children: Fayette M.,
jiorn July 25, 1844; Susan A., March 22,
1847, married David C. Tenney, of Han-
over, and died 1873 ; and Charles Ran-
som, of whom further.

Charles Ransom Miller, son of Elijah
Tenney and Chastina C. (Hoyt) Miller,
was born January 17, 1849, at Hanover.
He attended the public schools of Han-
over, the Kimball Union Academy at
Meriden. New Hampshire, and the Green
Mountain Institute at South Woodstock,
Vermont, where he completed his prepa-
ration for college. He entered Dart-
mouth College and was graduated in the
class of 1872 with the degree of Bachelor
of Arts. In 1905 he was honored by his
alma mater with the degree of Doctor of
Laws. Columbia University conferred
upon him the degree of Doctor of Letters
in 1915, and that year also he was elected
to membership in the National Institute
of Arts and Letters. From the time of
his graduation from college until 1875 he
was on the editorial staff of the "Republi-
can." at Springfield, Massachusetts, and



242



ENCYCLOPEDIA OF BIOGRAPHY



rose to the position of city editor of that
newspaper. In July, 1875, he became a
member of the staflf of the "New York
Times," and since then has been con-
nected with that newspaper. He was
foreign editor for a time, then editorial
writer from 1881 to 1S83, and since April,
1883, has been editor-in-chief. He is also
vice-president and a stockholder of the
New York Times Company. During the
period of Mr. Miller's editorship "The
Times" has become one of the foremost
newspapers of the country. In the opin-
ion of many of the best judges it is the
best newspaper in New York City, and the
success of the newspaper under the policy
of "All the news that's tit to print" has
been a wholesome example and inspiration
to editors and publishers of newspapers
throughout the whole country. In poli-
tics Mr. Miller is an Independent, and in
religion non-sectarian. He is a member
of the Century Club, the Metropolitan
Club, the Piping Rock Club, the Garden
City Golf Club, the Blooming Grove
Hunting and Fishing Club of Pike
County, Pennsylvania. He married,
October 10, 1876, Frances Ann Daniels,
born April 8, 1851, died December 8, 1906,
daughter of William H. and Frances Cot-
ton Daniels, who was a descendant of
Rev. John Cotton, the Puritan divine.
Children : Madge Daniels, born October
28, 1877; Hoyt Miller, March 18, 1883, in
New York City. Mr. Miller resides at
21 East Ninth street, New York City, in
summer at Great Neck, Long Island, and
his business address is the Times office,
New York Citv.



MUNGER, George Grover,

Lawyer,

While several generations of Mr.
Munger's immediate ancestors have lived
in New York State, the family is origin-
ally from Connecticut, descendants of



Nicholas Munger who settled in Guil-
ford, Connecticut, not later than 1661 and
resided on the north side of the Neck
river, where he died October 16, 1668.
He married, June 2, 1659, Sarah Hull,
who survived him and became the wife
of Dennis Crampton. James Munger, a
descendant of Nicholas and Sarah
Munger, moved to Central New York.
His son, James (2) Munger, married
Jane B. Thompson, and they were the
parents of an only son. Rev. Reuben De-
Witt Munger, D. D., and the grand-
parents of George Grover Munger, of
Syracuse. James (2) Munger died in
Ithaca, New York, in 1848.

Rev. Reuben DeWitt Munger was
born at Ithaca, New York, August 26,
1837, died at Syracuse, New York, March
II, 1909. His early years were spent in
Ithaca, the family home until the death
of James (2j Munger in 1848. After
being left a widow, Mrs. James Munger
removed with her only son to Watkins,
New York, where his education, begun in
Ithaca public schools, was continued in
the schools of Watkins. After complet-
ing the courses there he prepared at
Genesee Wesleyan Seminary, a noted
school located at Lima, New York, then
entered Genesee College, whence he was
graduated at the head of his class, 1861,
and awarded the degree of Bachelor of
Arts. Later he was awarded Master of
Arts, a degree he also received from
Syracuse University in 1873. His college
fraternity was Phi Beta Kappa.

His high order of scholarship attracted
attention and after graduation he was
ofifered college professorships, but all
such ofifers were declined, his ambition
being fixed upon the holy calling of
ministry. He passed through the varied
degrees of service until finally ordained
a minister of the Methodist Episcopal
church and a member of the East Gene-
see Annual Conference. That conference



243



ENCYCLOPEDIA OF BIOGRAPHY



was then very large and through changes
in conference boundaries he was at times
a member of the Western New York Con-
ference, the Genesee Conference and the
Central New York Conference. His first
appointment was at Big Flats, New
York, in 1861, and from that year until
1893, when he was chosen presiding elder,
he was continuously in the active
ministry. In 1862 he was pastor at
Havana ; at South Sodus in 1863-64 ;
Painted Post in 1865 ; Dansville in 1866-
67 ; Addison in 1868 ; East Bloomfield in
1869-71; Rochester in 1872-74; Bath in
1877; Palmyra in 1878-80; Auburn in
1881-82; Ithaca, his birthplace, 1883-85;
Waterloo in 1886-90; Geneva in 1891-92.
In all the charges he filled he labored
most acceptably and as he grew in years
and experience he broadened intellec-
tually and was regarded as one of the
strong men of his conference.

In 1893 he was elected presiding elder
of the Auburn district, a responsible
position, now known in the church as
district superintendent. During his term
of office, five years, he resided in Auburn,
from there keeping in close touch with
the churches of his district. In 1896 he
received from Syracuse University the
degree of Doctor of Divinity, an honor
conferred in recognition of his learning,
piety and eminence as a theologian. At
the annual conference of 1898 he was
transferred as presiding elder to the
Elmira district, serving that district until
1904. The conference of 1904 elected Dr.
Munger secretary of the sustenation fund
of the conference, an office he held until
death with headquarters at Syracuse.
During the five years he served as secre-
tary of the fund he put forth every effort
and did arouse the church to the neces-
sity of more adequately providing for the
support of its superannuated ministers
and the campaign he inaugurated resulted