Page:Appletons' Cyclopædia of American Biography (1900, volume 4).djvu/668

628 interior of the continent. (See Abbe, Cleveland.) He was a delegate to the Philadelphia loyalists' con- v^ention of 1866. and after the expiration of his third term in congress practised law in Washington, D. C, where he was U. S. commissioner of patents from 1879 till 1881. He is the author of " Paine on Contested Elections " (Washington, 1888).

PAINE, Elijah, jurist, b. in Brooklyn, Conn.. 31 Jan., 1757 ; d. in Williamstown. Vt., 28 April, 1843. He was graduated at Harvard in 1781, studied law, was admitted to the bar in 1784, began to practise in Vermont, and became largely inter- ested in the development of that state. He engaged in agricultural enterprises and in the manufacture of American cloths, for which purpose he con- structed an establishment at a cost of $40,000 in Northfield, Vt.. then a wilderness. He also built a turnpike about twenty miles in length over the eastern spurs of the Green mountains. Mr. Paine was a member and secretary of the convention to revise the state constitution in 1786, and in 1789 was a commissioner to adjust the claims of New York and Vermont. He was a member of the legislature from 1787 till 1791, at the end of which terra he was appointed judge of the supreme court, holding this office until 1795. He was then elected U. S. senator, as a Federalist, serving from 7 Dec, 1795, till 3 March, 1801, and from that year until his death he was U. S. judge for the district of Vermont. He was a member of the American academy of arts and sciences, of the American antiquarian society, and of other learned bodies, and was president of the Vermont colonization society. He was an earnest promoter of educa- tion, being a trustee of Dartmouth and Middlebury colleges, and of the University of Vermont. In 1783 he pronounced the first oration before the Phi Beta Kappa society of Harvard. Dartmouth gave him the honorary degree of A. B. in 1786, and Harvard that of LL. D. in 1813, which degree he also received from the University of Vermont in 1835. — His son, Martyii, phvsician, b. in Williams- town, Vt., 8 July, 1794 : d. "in New York city, 10 Nov., 1877, was graduated at Harvard in 1813, and at the medical department in 1816. He practised in Montreal, Canada, from 1816 till 1823, when he removed to New York. During the cholera epi- demic of 1833 he published a series of letters to Dr. John C. Warren, of Boston, which were col- lected in a volume entitled " The Cholera Asphyxia of New York"' (New York, 1833). In 1841 he united with four other physicians in establishing the Univei'sity medical college (now the medical department of the University of New York), in which he was professor of medicine and materia medica from 1841 till 1850, and of therapeutics and materia medica from 1850 till 1867. He was a member of many medical societies in this country and Europe, and received the degree of LL. D. from the University of Vermont in 1854. He was the author of " Medical and Physiological Commen- taries " (3 vols., 1840-44) ; " Essays on the Philoso- phy of Vitality and on the Modus Operandi of Remedial Agents " (1843) ; " A Therapeutical Ar- rangement of Materia Medica " (1843) ; " Physiology of Digestion " (1844) ; " Defence of the Medical Profession of the United States" (1847); "The Institutes of Medicine " (1847 ; 9th ed.. 1870) ; " Or- ganic Life as Distinguished from Chemical and Physical Doctrines" (1849); "Physiology of the Soul and Instinct as Distinguished from Material- ism," in opposition to Prof. Huxley and the natu- ralists of the modern school (1848 ; enlarged ed., 1873) ; and a " Review of Theoretical Geology " (1856). In 1853 he prepared for private circulation a memoir of his son, Robert Troup Paine, who died in 1851, in the year of his graduation at Har- vard, and he also contributed largely to medical periodicals. A series of articles by him on the superiority of medical education in the United States over that of Great Britain, founded upon parliamentary documents, appeared editorially in the New York " Medical Press " (1859). — Another son, Elijah, lawver, b. in Williamstown. Vt., 10 April, 1796 ; d. in New York city, 6 Oct., 1853, was graduated at Harvard in 1814, and studied law in Litchfield, Conn. He became a partner of Henry Wheaton, and assisted in preparing Wheaton's " Reports of the U. S. Supreme Court from 1816 till 1837" (13 vols.. New York and Philadelphia, 1836-7 ; 2d ed., Philadelphia, 1847). From 1850 till 1853 he was a judge of the superior court of New York, and his decision in the Lemmon slave case was particularly able. (See Arthur, Chester Alan.) He was the author of Paine's " U. S. Circuit Reports " (New York, 1837 ; 2d vol., pub- lished by Thomas W. Waterman, 1856) ; and in connection with John Duer he published " Practice in Civil Actions and Proceedings in the State of New York " (3 vols., 1830).— Ariother son, Charles, governor of V'ermont. b. in Williamstown, Vt., 15 April, 1799 ; d. in'Waeo, Texas, 6 July, 1853, was graduated at Harvard in 1830, and engaged suc- cessfully in manufacturing. From 1841 till 1843 he was governor of Vermont, and he was a liberal benefactor of the state university and other insti- tutions of learning. He rendered the state great service in the construction of its railroads, and was active in tJie Southern Pacific railroad movement.

PAINE, Ephraim, congressman. He was a delegate from New York to the Continental con- gress in 1784. He suggested "that another com- missioner be appointed in addition to those ap- pointed by the act of congress of 4 JMarch last to negotiate with the Indians," which was resolved upon. He also moved that the sum of $8,000 should be presented to Baron Steuben, which was seconded by Elbridge T. Gerry, and which failed in its passage, but was subsequently affirmed, the sum being increased to $10,000.

PAINE, Henry William, lawyer, b. in Winslow, Me., 30 Aug.. 1810; d. in Cambridge, Mass., 26 Dec, 1893. He was gi'aduated at Waterville college, was a tutor there for a year, and later studied at Harvard law-school. In 1834 he was admitted to the bar, and began practice at Hallowell. In 1836, 1837, and 1853 he represented that town in the Maine legislature, and he was also for five years attorney for Kennebec county. In 1854 he opened a law-office in Boston. Here he speedily took rank among the leaders of the New England bar, and enjoyed a large and lucrative practice, until in 1874 declining health and partial deafness compelled him to confine himself to office business. For twenty-five years his opinion on abstruse points of law was solicited by eminent counsel in different states, while as referee and master in chancery he was called upon to arbitrate in many difficult and complicated law-cases, involving the ownership and disposition of large amounts of property. In 1863. and again in 1864, Mr. Paine was nominated by the Democratic party of Massachusetts a candidate for governor. In "l872-'83 he was lecturer at the law-school of Boston university on the law of real propei'ty. In 1854 he received from Colby imiversity the degree of LL. D. — His cousin, Timothy Otis, author, b. in Winslow, Kennebec CO., Me., 13 Oct., 1834 ; d. in Boston, 6 Dec, 1895, was graduated at Waterville college. Me., in 1847, and from 1856 was pastor of the Sweden-