BIOGRAPHICAL SKETCH OF (91) HON. ELIJAH Paine, Jr. (VII.); continued from vol. 1, page 128. 91. Judge Paine, the second son of (57) Hon. Elijah and Sarah (Porter) Paine, was born April 10, 1796, in Williamstown, Vt.; graduated at Harvard University in 1814, and received the degree of A. M. in 1818. His education in the profession of law was thorough and was mostly obtained in the office of Hon. Daniel Cady, of Johnstown, N. Y., at the law school in Litchfield, Conn., and in the office of H. D. and R. Sedgwick in New York, where the whole of his professional life was spent. Soon after his admission to the Bar he became associated in business with Henry Wheaton, Esq., of New York, the distinguished author of the "Law of Nations," &c., and was largely concerned in the "Reports of the United States Supreme Court," which bear Mr. Wheaton's name. He was the author of "Paine's United States Circuit Court Reports," and in 1830, in connection with Hon. John Duer, LL. D., published "Paine and Duer's Practice in Civil Actions and Proceedings at Law in the State of New York." In 1850 he was elected a Judge of the Superior Court of New York, which office he held at the time of his death. While occupying a seat on the bench, there came before him for decision the well known "Lemon" case, involving the title to eight slaves, in which he illustrated by an elaborate and erudite citation of authorities and fundamental principles, the constitutionality and applicability of the statute of New York, which liberates the slave when brought by the owner, under special circumstances, within the precincts of the State. This decision was as conscientious as it was remarkable for its variance with the general public in regard to the statute, and a decree in favor of the owner would have been generally approved at the North. Judge Paine, feeling that the case was a hard one for the owner of the slaves, had no sooner disposed of the claim, than he headed a subscription, by which the owner was reimbursed the full value of the property which he had in ignorance forfeited to the law. He did not allow his political opinions to interfere with the administration of justice or the friendly relations of social life. In his social habits he avoided the gay, fashionable, or idle amusements that prevail in Society. He enjoyed cheerful and intellectual conversation, and found his happiness in his daily avocations, in his family, or in the contemplation of whatever is beautiful or grand in nature, or in art. He was a devout Christian, and conversant with the Bible from early youth. He was deeply imbued with the orthodoxy which inculcates the Divinity of Christ, and said he would willingly die in defence of Christianity." "He had no fear of death, and was perfectly resigned to the will of God, either to live or die," an important testimony to the advantages of a well disciplined faith and of a pure conscience. In height Judge Paine was over six feet, and of well balanced physical proportions, that did credit to the Green Mountains of his native state. On the 25th of November, 1834, he married Frances Louisa Tileston, of New York, a lady of much talent and many accomplishments, who died March 9, 1845. The death of Judge Paine occurred Oct. 6, 1853, and the strongest demonstrations of respect were paid to his memory, not only by members of the profession of which he was so great an ornament, but by multitudes in every rank of life. The members of the Bar of New York held a meeting under the chairmanship of Chief Justice Oakley, at which the following testimony to his character was adopted, "Resolved, That by the death of Judge Paine the Bar and the community have been deprived of a pure and upright Judge, a man of extensive learning, entire independence, mature judgment, and who faithfully performed the responsible duties of his station." [To be continued.] OBITUARY. DIED in Providence, R. I., Oct. 23, 1881, on the 79th anniversary of her birth, Mrs. Sarah M. Stebbins (158 Paine Family Records). She was a daughter of Amos Paine (135), and great great, great granddaughter of Samuel, the founder of the Woodstock branch. Mrs. Stebbins has for many years been an invalid, and during a part of that time has been blind. It is believed that she was the last Paine born in the old mansion house of Samuel III. She leaves a married, and an unmarried daughter. SOUTHOLD PAINES. CHAPTER LXXXIII. 216. JOHN LAURIN PAYNE (VIII), son of David Payne (170), (chap. XXXIV). B. at Aquebogue, now Jamesport, N. Y., Feb. 14, 1800. D. at Wheatland, Ill., September, 1857, aged 57 years. John Laurin (216) was a mason. He was never married. He resided in early life at or near Jamesport; removed to Lairdsville, N. Y., 1824, where he remained ten or twelve years. Subsequently he removed to Wheatland, Bureau Co., Ill. He was a person of fine appearance and commanding presence. He possessed conversational power to an unusual degree. Having a genial and social disposition he attracted and retained the personal friendship of large numbers of those with whom he became acquainted. CHAPTER LXXXIV. 217. SAMUEL PAYNE (VIII), son of David Payne, (170), (chap. XXXIV). B. at Aquebogue, now Jamesport, N. Y., May 4, 1802. M. Betsy Case, July 14, 1832. 578. BETSY CASE, dau. of Samuel Case (579). B. at Jamesport, N. Y., July 20, 1801. D. at Jamesport, February 24, 1864, aged 63 years. (IX.) Children. Born at Jamesport, N. Y. 580. FRANCES ELIZABETH, b. Feb. 11, 1835. (Chap. LXXXV.) 581. ANNIE AUGUSTA, b. Oct. 24, 1836. (Chap. LXXXVI.) 582. CHARLES HARRIS, b. May 8, 1839. (Chap. LXXXVI.).(1) 583. George BENJAMIN, b. December 8, 1840. D. April 28, 1847, aged 7 years. 584. SUSANNA CONKLIN, b. February 27, 1843. (Chap. LXXXVI.) (2) 585. MARIA WOODHULL, b. October 7, 1845. (Chap. LXXXVI) (3) Samuel Payne (217) is a farmer. Residence (1881) Jamesport, Suffolk County, N. Y. Samuel Case (579) married at Jamesport, Betsy Aldrich (586) in 1796. He lived and died at Jamesport, N. Y. Children were: 587. ANNA, b. 1797. D. December, 1870, aged 73 years. 588. BENJAMIN, b. 1799. D. July, 1843, aged 44 years. 589. BETSY, b. July 20, 1801. M. Samuel Payne (217). 590. DAVID, b. 1803. 591. PHOEBE, b. 1805. D. Sept., 1868, aged 63 years. 592. DENCY, b. 1811. D. March, 1859, aged 48 years. Anna Case (587) married John Young (593); his third wife; seven children. Benjamin Case (588) married Esther Smith (594). Benjamin was a ship-carpenter; died at Patchogue, N. Y.; four children. David Case (590) resides (1881) at Riverhead, N. Y. He has been a mute since the age of four years, a result of scarlet fever; never married. Phoebe Case (591) married Conklin Corwin (595); three children. Dency Case (592) lived and died at Jamesport. N. Y.; never married. CHAPTER LXXXV. 580. FRANCES ELIZABETH PAYNE (IX), dau. of Samuel Payne (217), (chap. LXXXIV). B. at Jamesport, N. Y., February 11, 1835. M. Bradley S. Horton, January 6, 1861. 596. BRADLEY SMITH HORTON, son of Henry Horton (597), of Southold, N. Y. B. at East Marion, N. Y., December 25, 1837. (x.) Children. Born at East Marion, N. Y. 598. GEORGE HENRY, b. October 1, 1863. D. at East Marion, March, 1872, aged 9 years. 599. EDWARD EVERETT, b. June 2, 1865. 600. BETSY LUCRETIA, b. December 9, 1868. 601. CHARLES BRADLEY, b. March 17, 1870. D. March 29, 1872, aged 2 years. 602. CHARLES PAYNE, b. May 30, 1872. Bradley S. Horton (596) is a miller, Residence (1881), East Marion, Suffolk County, N. Y. CHAPTER LXXXVI. 581. ANNIE AUGUSTA PAYNE (IX), daughter of Samuel Payne (217), (chap. LXXXIV). B. at Jamesport, N. Y., October 24, 1836. M. at Jamesport, David W. Fordham, January 10, 1866. 603. DAVID WARREN FORDHAM, son of Orrin Fordham (604), of Speonk, N. Y. B. at Speonk, N. Y., September 20, 1841. (x.) One son, EVERETT ORRIN (605), b. at Riverhead, N. Y., July 30, 1871. David W. Fordham (603) is a carpenter. Residence (1881), Speonk, Suffolk County, N. Y. CHAPTER LXXXVI. (1) 582. CHARLES HARRIS PAYNE (IX), son of Samuel Payne (217), (chap. LXXXIV). B. at Jamesport, N. Y., May 8, 1839. M. at Jamesport, Emily 1. Smith, November 13, 1862. 606. EMILY IRENE SMITH, dau. of Ira Smith (607), of Brooklyn, N. Y. B. at New York City, Aug. 31, 1838. (x.) Children. Born at Jamesport, N. Y.. 608. GEORGE MORRILL, b. November 8, 1865. 609. JOSIE IRENE, b. January 10, 1870, 610. ELIZABETH GRIFFIN, b. June 28, 1872. Charles H. Payne (582) is a mechanic. Residence (1881), Jamesport, Suffolk County, N. Y. CHAPTER LXXXVI. (2) 584. SUSANNA CONKLIN PAYNE (IX), dau. of Samuel Payne (217), (chap. LXXXIV), B. at Jamesport, N. Y., February 27, 1843. Susanna C. Payne (584) was a pupil at the Franklinville Academy several years; was engaged in teaching from 1863 to 1867. Residence (1881), Jamesport, Suffolk County, N. Y. CHAPTER LXXXVI. (3) 585. MARIA_WOODHULL PAYNE (IX), dau. of Samuel Payne (217), (chap. LXXXIV). B. at Jamesport, N. Y., October 7, 1845. M. at Jamesport Herrick J. Raynor, December 23, 1870. |
