Page:The Green Bag (1889–1914), Volume 06.pdf/157

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The Green Bag.

The University of Vermont in 1859 con ferred upon him the degree of LL.D. Although his services as judge covered a period of but four years (1846-50), he was one of our ablest jurists, his published opinions being clear and strong presentations of the law. He died in his ninety-first year, while passing the winter with his son in Springfield, Mass. Charles Davis came with his father's family from Connecticut to Rockingham in Vermont, and in 1806 to Middlebury. After his college course at that place, he studied law under Daniel Chipman and was admitted to the Bar in 18 14. He was at one time editor of a newspaper, Federal in politics. Remaining in Middlebury two years, he removed to Barton, comparatively a new country; soon after to Waterford, but his professional business caused him to remove to Danville, the county seat of Caledonia County, in 1828, in which year he was elected State attorney for the county, hold ing the office for seven years. He was again elected to the same office in 1838. Judge Davis received, without solicitation upon his part, the appointment of United States District attorney, and held the office under the administrations of Presidents Harrison and Tyler. He was judge of the probate court in Caledonia District, and in 1846 a bill having passed the Legislature in creasing the number of judges, he was elect ed to that office and held it for two years. Judge Davis was an excellent lawyer, thoroughly educated in common law, and an able and honest judge, with an industry and application which, to some extent, affected his health. He was courtly and polished when presiding in the county court, and his opinions, contained in the nineteenth and twentieth volumes of the Vermont reports, are noted for strong rea soning, showing the results of diligent re search.

It was not a pleasant task for him to preside at nisi prius, and at the end of his second year he retired, not liking the posi tion of presiding judge at a jury trial. After he left the Bench, he continued in practice, represented Danville in the Legis lature, although there was a majority of more than two to one in the town against the Whig party, of which he was a firm and unwavering member, and at the session was placed at the head of the judiciary commit tee. Judge Davis was an excellent scholar, well versed in ancient classics, the best English authors and some of the modern languages. His last years were spent in Illinois with one of his sons.

THE CIRCUIT JUDGES. By an act which took effect in the fall of 1850, a change was made in the judicial system. A Supreme Court of three judges was authorized, the State divided into four judicial circuits, a circuit judge appointed in each whose duty it was to preside in the county courts, the Supreme Court judges having no duties to perform in the county courts; each circuit judge was a chancellor, the Supreme Court having no jurisdiction in equity matters except as a court of ap peals therein. This act continued in force for seven years, and was repealed by an act which took effect in 1857; the persons serving as circuit judges, in the first circuit were Robert Pierpoint, six years; William C. Kittredge for the year thereafter. In the second circuit Jacob Collamer served until 1854, and Abel Underwood, of Wells River, the three last years. In the third circuit, Judge Bennett served one year, when he was succeeded by Asahel Peck, who served the remaining six years. In the fourth circuit, Judge Poland served the full time and was the only judge who served as circuit judge during the seven years. Robert Pierpoint, a brother of the late Chief Judge, was a native of Litchfield; was