It has been said of history, that it should never venture to deal except with periods comparatively remote. And this was doubtless true when literature was venal, or in any way subservient to royal or to party power.

It has been alike suggested of biography, that it cannot be securely trusted in the portrayal of the living. And this is no doubt true where political or partisan objects are sought to be subserved. But with this exception the most faithful portraits may naturally be expected where the subjects of them are before us, and familiarly known to us. And so that the hand refrains from those warmer tints which personal friendship might inspire, and simply aims at sketches which the general judgment may recognize and approve, the task, however difficult, cannot be said to be unsafe.

Thomas Bolton was born in Scipio, Cayuga county, New York, November 29th, 1809. His father was an extensive farmer in that section of western New York, where rich fields, and flowing streams, and beautiful scenery, are happily combined.

At seventeen he entered the High School on Temple Hill, in Geneseo, where he fitted for college; and in the Fall of 1829, he entered Harvard University, where he graduated in 1833, the first in his class in mathematics. In this connection, it is pleasant to advert to the fact that his most intimate schoolmate, classmate and fellow graduate, was Hon. Moses Kelly, who was afterwards his partner in the law for many years at Cleveland, and that between the two from boyhood down to the present day, there has been a steadfast and unbroken life-friendship almost fraternal, both now in affluence, but still living side by side. Such life-long friendships are unusual, but whenever they do exist, they imply the presence in both parties of true and trusty qualities which preserve their character as pure cement, exposed to any atmosphere, or tried in any furnace.

[Illustration: Yours Truly, Thomas Bolton]

After graduating, Mr. Bolton entered upon the study of law at Canandaigua, in the office of John G. Spencer, now deceased, but then a strong and distinguished name in the profession. At the end of a year he came west, to seek a permanent location to further pursue his studies and enter upon the practice, first stopping at Cleveland, on finding that any further west was hardly within the pale of civilization. Cleveland itself was then, September, 1834, but a mere village, of about twenty-five hundred inhabitants. Superior street had not been graded, and at its western terminus was higher than the first story of the Atwater Block, and the bank of the lake extended fifteen rods out beyond the present Union Depot. The village did not become a city till 1836, when at a public meeting to determine upon the corporate limits, Mr. Bolton was appointed on a committee to draft the charter, and urged that both sides of the river should be embraced, but was overruled, and Ohio City was established on the other side of the river as a sort of rival, but since consolidated with Cleveland. His connection with city affairs was renewed as Councilman in 1839, and as Alderman in 1841.

But to go back to his professional life. Having studied law in the office of James L. Conger, at Cleveland, for a year, he was admitted to the Bar in September, 1835, by the Supreme Court of Ohio, on the Circuit, Chief Justice Peter Hitchcock, that Nestor among judges, then presiding. He was in partnership with Mr. Conger for a year, when he bought him out and sent for his old college friend, Mr. Kelly, with whom he formed a partnership, which continued until the Fall of 1856, a period of twenty years, when he was elected to the Bench.

As bearing upon his political career, it may be narrated, that in the Fall of 1839, he was elected prosecuting attorney of the county, at which time the Whig party was largely in the ascendancy, commanding from 1,500 to 2,000 majority, though he was a Democrat and nominated by the Democrats for the office. Two years later, at the expiration of his term, he was strongly solicited by both parties to take the office another term, but declined in consequence of the inadequacy of the salary.

An incident occurred during his term as prosecuting attorney which had a marked effect upon the politics of Cleveland and its vicinity. Up to 1841, slave-owners were in the habit of sending their agents to Cleveland and causing their runaway slaves to be arrested and taken before a magistrate, when a warrant would be obtained to return the slave, and he would be carried back into slavery. All this was done openly and publicly, creating little or no excitement, and Mr. Bolton, in the practice of his profession, was more frequently employed for this purpose than any other attorney in the city. In the Spring of 1841, three negroes, who were claimed as slaves, had run away from New Orleans and were in Buffalo. The agent of their master applied to a law firm in Cleveland for assistance. At that time, slaves arrested in Buffalo were in the habit of claiming a trial by jury, which was granted. To avoid a jury, with its sympathies, it was thought advisable to get the negroes into Ohio, and, accordingly, one of the attorneys, the agent and a negro of Cleveland, repaired to Buffalo. On their return the three negroes came with them, and it was said they had been kidnapped. On their arrival at Cleveland, the negroes were arrested under the law of Congress as fugitives from service, and lodged in the county jail. This information coming to the ears of the few Abolitionists then in the city, among others the late Hon. Edward Wade and Hon. John A. Foot, lawyers at the time in full practice, they applied to the jailor for admission to consult with the negroes. But public opinion was so strongly prejudiced against the Abolitionists that neither the jailor nor the sheriff would permit any of them to communicate with the prisoners. Accidentally, a colored man inquired of Mr. Bolton if he would take up their defence. He readily assented, and being prosecuting attorney of the county, and it being well understood that he was not an Abolitionist, the doors of the jail were readily opened to him, and he immediately made preparations for a vigorous defence of the prisoners. A writ of habeas corpus was immediately applied for to Judge Barber, one of the associate judges at the time; the negroes were brought before him, and their case continued for ninety days, to prepare for a defence.

When it was known about town that Mr. Bolton had undertaken the defence of the negroes, great indignation was excited, and many threatened to tear down his office, and to use violence toward his person. This only aroused him to greater energy and effort in behalf of the prisoners. In the meantime indictments were procured in Buffalo against the alleged kidnappers, and the excitement in the city greatly increased, so that on the day of the trial the court-house was packed with people. After an investigation, which lasted two days, the court discharged the defendants and they went acquit.

From the iniquitous proceeding in the case, and the manner in which it was prosecuted, and the excitement it produced, the community was led to reflect upon the iniquity of the system and the oppression of the law; and from that day till the slave-girl Lucy was sent back into Virginia slavery, in 1862, (to appease, it is said, the wrath of the rebels,) not a negro was sent back into slavery from the city of Cleveland, or county of Cuyahoga.

Mr. Bolton left the Democratic party in 1848, or, as he claims, it left him when it adopted its national platform of that year. He then joined the Free Soil party, and was a delegate to the Buffalo Convention, and one of its secretaries. In February, 1856, he assisted in organizing the Republican party at the Pittsburgh Convention, and in the Summer of the same year was a delegate from this Congressional District in the Philadelphia Convention, which nominated Fremont and Dayton.

When he was admitted to the Bar, the Court of Common Pleas, under the old Constitution, consisted of four members, a president judge and three associates, elected by the Legislature, and the Supreme Court of the State consisted of four judges, also chosen by the Legislature. A session of the Supreme Court was held by two of its members once a year in each county, and three sessions a year were held by the Court of Common Pleas in this and the adjoining counties. In 1835, Hon. Matthew Birchard, of Warren, was president judge. He was succeeded by Hon. Van R. Humphrey, of Hudson, and he by Hon. John W. Willey, of Cleveland, who died during his term. Hon. Reuben Hitchcock was appointed by the Governor to fill the vacancy, and Hon. Benjamin Bissel, of Painesville, was elected by the Legislature during the next session. Hon. Philemon Bliss, then of Elyria, and now Supreme Judge of Missouri, was afterward elected, and his term was cut short in 1851, by the adoption of the new Constitution, under which the judges were elected by the people for the term of five years. Hon. Samuel Starkweather was the first judge elected under the new system, and in 1856. Mr. Bolton was chosen his successor. In 1861, he was unanimounanimouslynated and elected without opposition, and in 1866, at the expiration of his second term, he retired from the Bench and the Bar.

We thus complete our outline sketch of the professional, judicial, and political career of one of our most prominent and respected citizens.

He came to the Bar of Cleveland before Cleveland was a city, and entered upon practice with that force and earnestness which were the ruling elements of his nature. He had able competitors, but he was a strong man amongst them. His promptness in the courts was proverbial. He was always ready, and if he granted indulgences he never asked for any. He was less given to books than his partner, Mr. Kelly, who was the student and chancery member of the firm, but in the ordinary departments of the common law and in criminal practice, he was always at home. He prepared his causes with the most thorough premeditation of the line of his own evidence, and of all the opposing evidence that could possibly be anticipated. Hence he moved with rapidity and precision, and was never taken by surprise. His arguments were not elaborate, or studied in point of finish, but they were strong, downright practical, and to the point. In this sense he was a fine and effective speaker to courts and juries.

These same characteristics he exhibited upon the Bench. Hardy and vigorous in his perceptions and understanding--thoroughly versed and ready in the law of pleadings and evidence--bringing to bear on the civil code, the logical training of the common law system--his ten years of service as a judge were honorable to himself and valuable to the public. In all the phases of his career and life he has been thoroughly upright.

Retired upon an ample fortune, amassed by forecast and business energy--fond of his home, and devoted with entire liberality to the education of his children--independent of office and in all other ways--strong and robust as ever in person and in mind--he is still a power in any direction wherever he chooses so to be. His broad, projecting brow, his direct and forcible speech and bearing, symbolize his character. They assure you of vital energy, strong, practical comprehension, directness and will. He may have more of the "fortiter in re" than of the "suaviter in modo" but all who know him have faith in his truth, implicit reliance upon the hearty fidelity of his friendships, and assurance, that he is always loyal to his convictions, both in public and in private life.