Page:The Green Bag (1889–1914), Volume 06.pdf/105

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84
The Green Bag.

Penniman and his wife Frances, the widow of Ethan Allen. He was Chief Judge of the Franklin County court in 1815; repre sented Swanton in the Assembly in 18 17; was then chosen judge of the Supreme Court and served five years. After his election as judge, he removed to St. Albans and remained there for some years. After leaving the Bench, he removed to Burling ton and practiced his profession until his death in 1828. He published reports of cases in the Su preme Court, elsewhere noticed in this arti cle. His only son, William, died when young; his only surviving daughter is living in southwestern Missouri. In 182 1 it was found that having two terms of court caused great delay in the dis position of cases, and the act of 18 14 pro viding for a summer and winter term was repealed. Cornelius Peter Van Ness, as his name indicates, was of Dutch descent. At the age of fifteen he was fitted to enter the junior class of Columbia College, but did not. Three years later he entered the law office of his brother, William P., in New York City, with Martin Van Buren as a fel low student. He was admitted in the year 1804 and commenced the practice of his profession in his native town of Kinderhook. Two years later he removed to St. Albans, Vt., and in 1809 to Burlington. He was appointed by President Madison, United States district attorney for Vermont, through the unsolicited recommendation of Justice Livingston of the United States Su preme Court, who at that time held the circuit court in the Vermont District, and who had noticed the ability and promise of Mr. Van Ness. The office of district at torney at this time was one of peculiar importance and large responsibility in con sequence of the many violations of the revenue laws and the difficulties in connec tion therewith, and the attempted illegal

importation of merchandise by way of Lake Champlain. Mr. Van Ness performed the duties of the office with such shrewdness, skill and eminent success, that in 181 3 he was transferred to the office of collector of customs at Burlington, the most important revenue post, at that time, in the country, caused by the closing of the seaports during the war. He held the collectorship until the termination of the war, and then left it, having been appointed one of the commis sioners to settle our national boundaries under the treaty of Ghent, and in that posi tion he displayed great ability and rare fitness for his duties. After that he continued the practice of his profession, as was said, " from love of it." He represented Burlington four years suc cessively in the General Assembly and dis played there the same habits of labor, indus try, investigation and preparation which he had always shown in the performance of public duties. The banking system of Vermont origi nated with him, and the first of the old banks, not connected with the State, was in corporated the first session at which he was a member. During the last year of his leg islative term, Dudley Chase having declined further service as Chief Judge of the Su preme Court, Mr. Van Ness was chosen in his place. He held the office two years, at the end of which time he was placed in the executive chair, and twice re-elected without opposition. In the discharge of his duties as judge, he was prompt, learned and able, and not surpassed in courtesy, dignity and im partiality. He was ambitious to represent his State in the United States Senate, but after a most acrimonious, bitter contest, in 1826, he was defeated by six votes, as was charged at the time, by influence of the national administration and influential persons in New York City who were hostile to him. So offended was he with the adminis tration of Mr. Adams that he abandoned it