Moses Kelly.

Previous

The subject of this sketch was born January 21st, 1809, in the township of Groveland, now county of Livingston, then county of Ontario, State of New York. He was the oldest son of Daniel Kelly, who emigrated from the State of Pennsylvania to Western New York in the year 1797. He is of Scotch-Irish descent in the paternal line, and of German descent on the side of his mother. His great grandfather, on his father's side, emigrated from the North of Ireland to America, early in the eighteenth century, and settled in the State of Pennsylvania, within a few miles of the city of Philadelphia; his grandfather, born there, was a Revolutionary soldier. Mr. Kelly lived with his father, on a farm in Groveland, until he was eighteen years old, having the usual advantages, and following the ordinary pursuits of a farmer's son.

At the age of eighteen he entered the High School on Temple Hill, in the village of Genesee, Livingston county, New York, and commenced preparing for college, under the tuition of that eminent scholar and accomplished educator, the late Cornelius C. Felton, who subsequently became President of Harvard University. Mr. Kelly entered the Freshman class at Harvard in 1829, and graduated with his class in the year 1833. He immediately commenced the study of the law, with the late Orlando Hastings, Esq., of Rochester, N. Y., and read three years in his office and under his direction, when he was admitted to practice. He came to Cleveland in the year 1836, and formed a law copartnership with his old friend, college classmate and chum, the Hon. Thomas Bolton; the firm name was Bolton & Kelly. This partnership continued until the year 1851, when S. O. Griswold Esq., who had been their law student, was taken into the firm; the firm name thereafter being Bolton, Kelly & Griswold. This connection continued until the close of the year 1856, when Mr. Bolton was elected Judge of the Court of Common Pleas. Since Judge Bolton retired from the firm Messrs. Kelly & Griswold have continued the practice of law under that firm name, and are still engaged in the practice.

Mr. Kelly has made commercial law and equity jurisprudence his special studies, and in these branches of the law his great skill and learning are acknowledged by all his brethren. Indeed, as an equity lawyer he stands at the head of the profession.

It will be seen from the year 1836 until the present time, Mr. Kelly has devoted himself closely to the practice of the law; the only interruption to this was a two years service as State senator in the legislature of Ohio during the years 1844 and 1845. He was elected to the senate by the Whig party of the counties of Cuyahoga and Geauga, these two counties then composing one senatorial district. During the first session of the General Assembly, of which he was a member, the Democrats had a majority in the Senate while the Whigs had the control of the lower house. As is usual when a legislature is thus politically divided, no measures of general interest were adopted. But there happened during that session to arise a question which showed Mr. Kelly's independence, and true character. The Democracy had made complaint of the Whig extravagance and laid great claim on their own part to retrenchment and economy in the State administration. The Whigs to make political capital, proposed a bill reducing the salaries of all State officers; the salary of the Judges was put at $750 per year and the pay of all other State officials in the same ratio. The measure was adopted by the party caucus, and was carried through the lower house.

It was hoped by many that the Senate, being Democratic, would defeat the bill, and thus the Whigs would have credit for great economy at the expense of the Democrats. But when it came to that body, the Democracy, not to be out done by their opponents, favored the bill.

Mr. Kelly, singly and alone of all his party, opposed the measure, and spoke and voted against it. The bill was finally carried but was repealed in the course of a year or two afterwards.

The most prominent subject before the legislature at the second session was the establishment of a suitable banking system for the State. The business men of Cleveland were in favor of free banks, but the great body of the Whig party were strongly in favor of a State Bank and branches, and having a majority in both houses in the session of 1845 were determined to establish that system. Mr. Kelly succeeded in engrafting upon the State Bank scheme the Independent Bank system, with State stocks pledged to secure the circulation, and also in adding additional checks and safeguards to the State Bank. His efforts in this direction were duly appreciated by his constituents, and at a public meeting, called by the principal business men of the city, irrespective of party, his action on the Bank bill was specially approved.

It is to be observed also that the present National Bank system is modeled after the plan of free banking advocated by Mr. Kelly at that time.

During the same session a question arose in which Mr. Kelly took an active part, in opposition to the great body of his party, the event of which vindicated his sagacity and practical statesmanship. The question was upon a bill to grant to the Ohio Life and Trust Company authority to issue bills to circulate as currency, to the extent of half a million of dollars. At the time this bill was introduced no banking System had been adopted by the legislature; most of the charters of the old banks had expired prior to that time, and the State was without an adequate bank circulation of its own. The chief stockholders and managers of that corporation were men of high character and great wealth. The company had been successfully managed, and its credit was then deservedly high. Also the principal men of the company were leading Whigs, among these were Judges Jacob Burnett and John E. Wright of Cincinnati, Nathaniel Wright of Cincinnati and Alfred Kelley Esq., who was also at the same time a member of the senate from the Franklin district, and this application on the part of the company was backed by the presence and Personal influence of these gentlemen. The plea made by this company for this additional banking privilege was exceedingly plausible, and the measure was approved in a caucus of the Whig members almost without inquiry. The bill was introduced into the Senate by the Hon. Alfred Kelley, and its success was considered certain. Mr. Moses Kelly, alone of his party, expressed his opposition to the bill. Urged as the measure was by so many leading men,' and introduced by the acknowledged leader of the party, it seemed that such opposition must be fruitless. But on the third reading of the bill Mr. Kelly attacked it in a speech of great vigor, and strength of argument. He opposed it as unjust towards any banking system that might be established and as unwise in giving additional privileges to an already powerful corporation. Bat he opposed it chiefly because it gave to the corporation power to issue bills as money simply on individual security. He contended that whenever the State permitted any corporation or organization to issue bills to pass as money the faith of the State should be pledged to their ultimate redemption. While paying a high compliment to the ability and integrity of the managers of the Ohio Life and Trust Company, he declared there was no security but what in the future it might pass into the control of Wall street shavers and brokers, and from thence to ruin, and the people of the State left remediless with a worthless circulation in their hands. His vigorous opposition, and the strength of his argument awakened the attention of the party to the evils of the measure, and notwithstanding its powerful backing, the bill was effectually killed by Mr. Kelly's speech.

Mr. Alfred Kelley was greatly grieved at the failure of this measure. He however lived to see his error, and the ruinous failure of that company through the recklessness of the Wall street management into whose hands, as had been predicted, that company finally fell. Judge John C. Wright, now in Columbus, advocated the aforesaid measure. He was then the senior editor of the Cincinnati Gazette, and the influence of his paper was given to the bill. Although old, he was in the full enjoyment of his powers of intellect, and at that time wielded a great influence in the political affairs of the State. It happened that he was present in the senate chamber when Mr. Kelly made his speech against the bill; although chagrined at the defeat of the measure in which he had such personal interest, so struck was he with the originality and force of the argument of Mr. Kelly, and with his independence of character, and ability to rise above mere party considerations in his legislative career, that he sought Mr. Kelly's personal acquaintance, and during the remainder of his life there existed a warm personal friendship between them.

At the expiration of his term of service Mr. Kelly returned to the practice and ever since has devoted his energies to his profession. The office of Bolton & Kelly has been the school of many prominent lawyers. Among the members of the Cleveland Bar who studied under them are Messrs. F. T. Backus, George Willey, John E. Cary and his present partner, Mr. Griswold. Mr. Kelly was City Attorney in the year 1839, and a member of the City Council in 1841. While he was in the Council he was active in support of the Lake Shore improvement, which stopped the rapid encroachment of the Lake upon the shore in front of Lake street.

In 1849, Mr. Kelly was appointed by the legislature one of the Commissioners of the city of Cleveland to subscribe on behalf of the city to the capital stock of the Cleveland & Pittsburgh Railroad Company. He accepted the trust, and for a number of successive years thereafter, until the stock of the city in that road was disposed of, was chosen a Director of the Cleveland & Pittsburgh Railroad Company, to represent the interests of this city in the capital stock of that company.

In September, 1866, he was appointed by President Johnson District Attorney of the United States for the Northern District of Ohio, and held the office until the next March, not having been confirmed by the Radical senate for the reason that he had been a member of the Philadelphia Convention of the previous summer.

On the organization of the City Bank of Cleveland under the law of 1845, Mr. Kelly became a stockholder therein and was a director, and its attorney, during its existence, and has continued in the same connection with the National City Bank which succeeded the former. He also for a number of years has been a director and attorney of the Cuyahoga Steam Furnace Company.

Mr. Kelly was one of the organizers of St. Paul's Episcopal church, and has always remained a liberal supporter of the same.

He was married in the year 1839 to Jane, the daughter of Gen. Hezekiah Howe, of New Haven, Conn.

In 1850, Mr. Kelly purchased a tract of about thirty acres, being a part of what was then known as the "Giddings farm," fronting on Euclid avenue, a short distance East of Willson avenue. Here he soon after erected a tasteful dwelling, where he has since resided, and where in the leisure snatched from professional avocations he has gratified his taste for horticultural and agricultural pursuits.

In person Mr. Kelly is tall and spare, and dignified in demeanor, and although he has reached three score, he is still active and in good health. His character for integrity is unblemished and in his long professional career has never been known to uphold or defend a dishonorable cause. His rule has been to decline advocating causes which, in his judgment, have neither merits nor justice. In social intercourse he is affable and genial, and in public, private and professional life, has always commanded the respect, esteem and confidence of his fellow men. Firm in his convictions of duty, and resolute in doing it, yet so respectful and courteous to opponents is he that he may be said to be a man without an enemy.

The great rise in real estate and his professional earnings have rendered Mr. Kelly, if not what in these days would be called wealthy, comparatively rich, and surrounded, as he is, by an affectionate family and kind friends and possessed of all the enjoyments which culture and a successful life brings, we trust he may long continue amongst us.

                                                                                                                                                                                                                                                                                                           

Clyx.com


Top of Page
Top of Page