Page:The Green Bag (1889–1914), Volume 12.pdf/240

 Rh

VOL. XII.

No. 5.

BOSTON.

MAY, 1900.

EDWARD J. PHELPS. BY HON. SIMEON E. BALDWIN. T^DWARD J. Phelps, who died at New 1—rf Haven on March 9, 1900, may fairly be classed among the great American lawyers of his time. His professional training was of the best. After graduation from Middlebury College, he entered the Yale Law School in 1840, and afterwards completed his legal education at Middlebury in the office of Horatio Sey mour, who had served two terms in the Senate of the United States. His father, who had been upon the supreme bench of Vermont, and then returned to the bar, was also at this time and for many years afterwards in the senate of the United States. The son commenced practice under his aus pices at Middlebury, but soon transferred his office to Burlington, which was his home for the remainder of his life. In 1851, he became second comptroller of the treasury under the Fillmore adminis tration, and while residing then at Washing ton availed himself of the opportunities which it afforded for increasing his knowledge of international law. A friend who was the law clerk of the State department, came to him one day in deep perplexity. The great statesman who was then at his head had asked him to prepare a dispatch on a some what difficult subject of diplomacy, and he was at a Joss where to go for his materials. Mr. Phelps offered to relieve him of the task, and after a couple of days' work in the li braries produced a State paper which promptly, and without a word of alteration, received the signature of Daniel Webster. Mr. Phelps was born and bred a Whig, and

when that party faded out of existence, was among those of its number who allied them selves with the Democratic party. This de barred him from political preferment at the hands of his fellow-citizens in Vermont, though he was sent, on account of his pecu liar fitness for the position, as a delegate to the constitutional convention of 1870. Later, he was also put in nomination by the Demo cratic party as its candidate for governor and for United States senator. In July, 1878, the call was issued which resulted in the formation, a month later, of the American Bar Association. Among the fourteen names which were signed to it was that of Mr. Phelps. He was now a leader, if not the leader of the Vermont bar, and often appeared in important causes in ad joining States. In the following year he delivered the annual address before the asso ciation, taking for his subject, " Chief Justice Marshall and the Constitutional Law of his Time." The masterly manner in which it was discussed, as well as his grace of manner and delivery captivated his audience, and its publication established his position and gave him a national reputation as one of the great lawyers and the great orators of the United States. In 1880, he was elected president of the association, and in 1881 he was ap pointed Kent Professor of Law at Yale University. For some years before this, Mr. Phelps had not cared to maintain any office for the transaction of legal business; but this did not prevent him from accepting retainers in important causes, particularly in those before