Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-03-15

charter of 1882. james A., the younger,
the father of Thomas F. Bayard, born
in Wilmington in 1888, was IL years
United States Senator from Delaware
beginning in 1851. In 1864, when the
war spirit was high, the Republican
majority in control of the Senate Of tho
United States at that time required
that every member of that body should
take what was called the iron clad
oath. ;" Mr.. Bayard objected to the
oath, but he finally, in order to show
his loyalty to the country and to the
office, took the oath and Immediately
resigned. He was succeeded by APPOINT
ment by George Read Riddle, who
served Only two years, when he died
and by appointment of the governor,
James A. Bayard went back and fillcd
out the remainder of his own term, ex.
piring on March 4th, 1869
In the long line of able lawyers that
have sprung from Delaware, doubt
whether there was any more able than
James A. Bayard, the younger, che
father of Thomas +. Bayard. All of
the old traditions point to James A.
Bayard the younger as being the most
eminent member of the bar that Della
ware has produced. m..,
Thomas f. Bayard was the son OF
this James A. Bayard, and his mother
was Anne Francis. Philadelphia lady,
and from her he got part of his name,
Thomas Francis Bayard. He was born
in Wilmington on October 10Th. 1928.
His early youth was spent in Delaware.
With the culture that he represented
and with his wide learning everywhere
recognized, it will be surprising when
suggest that he was not college
man. He was educated at an academy
kept at Flushing, L. L., by one Di.
Hawks, which is spoken of as being an
academy of very high standing at that
time, and that was the highest insti-
tuition of learning that he attended.
1t was intended that he should be a
merchant and that his life should be
devoted to mercantile pursuits and in
pursuance of this plan he spent five
years in New York in store conducted
by his brother-in- law. and after that
three years in Philadelphia in a
mercantile establishment here. BY the
death of his brothe,, James A. Bayard,
Jr., in 1S4S, the whole current Of his
life was changed. Thomas f. came
back to Delaware, studied law with his
father, and was admitted to the bar of
New Castle county in 1851. A year
later he was appointed United States
District Attorney for the district of
Delaware He served only year when
he resigned, came back to Philadelphia
and entered into legal partnership
with William Shippen, with whom he
stayed until 1858, when on Mr.. Ship
penis death he returned to Wilmington.
For 10 years after that he was busy
lawyer. He was entrusted with a great
many trust estates and exeoutorships,
probably to a greater extent than any
other practicing attorney In Whining
ton. At this time the leading mem
bers of the bar of Wilmington were
men whom some Of you will remember I:
Edward w. Gilpin, who afterward be-
came chief justice, George e. Gordon,
who was for many years the railroad
attorney there, John G. Patterson, a
| very capable lawyer and prominent at
the bar, Nathaniel b. Smithers and
Edward Ridgely in Kent county. There
were Alfred p. Robinson and Elisha
| ID. Cullen in Sussex county. | suppose
that at no time in the history of the
State has the bar been stronger than
in those 10 years Mr.. .bayaid came,
and was in active practice at that
time among these strong and able men.
1t must have been Just before his
election to the Senate in 1869 that
recall hearing him in the trial of a
damage case. Mr.. Bayard was asso-
ciated with Mr.. Gordon, who was the
leading attorney for the p, W. & B.
Railroad Go. There had been an acct.
dent, whereby carriage load of people
had been run into by train Of cars
and three or forr people killed and two
or three very badly injured. The proof,
as adduced on the stand, showed thai
while some precautions were used by
these people before they drove upon the
track that they had not stopped and
looked and listened for the approach Of
a train. ] have understood that Mr..
Gordon, who as L say, for many years
had been attorney for the railroad, die
not consider the law settled wherein q
plaintiff must show that before driving
upon the railroad tracks that he mus
stop, look and listen, but on the tria
of this case, Mr. Bayard insisted tina,
they would test that point and thai
that matter of law should be full,
argued before the court, so that after
the plaintiffs case was fully in and al
the facts had been disclosed, he mad,
a motion fer a non-suit on the GROUND
that the plaintiffs were guilty of con
tributory negligence because they hac
not stopped and looked and listened
before driving up on the track. 1t wa,
a long and exhaustive argument Mr.
Levi Bird, who is still a practicins
attorney of Wilmington, was counsel fo
the plaintiffs. Mr.. Gordon and MIR
Bayard, and Mr.. Bayard particularly
argued the question very exhaustivel,
for the railroad, the outcome being
verdict in favor of the defendant, tn
court granting the non suit and hold
ing that unless a plaintiff does stop ant
lock and listen before crossing the rail
road track that he is guilty of contribu
tory negligence and cannot recover.
remember at the time great man
comments we're made upon the fact tina
Mr.. Bayard, although tine junior ccun
sci for the railroad company, had in
sisted upon that question being raise,
and decided in that case, although Mr.
Gordon, his colleague, had urged fror
, the beginning that the question wa
not worth raising.
On January 10Th, 1869, the Legisla
| ture of Delaware elected Thomas +
Bayard to the United States Senate fo
J the full term beginning March 4th fol
/ lowing, and on the same day, Januar
! 10Th, 1869, Thomas Il. Bayard's father
, James A. Bayard, was elected to serv
! from that date until the 4th of Marc
! following. This is the only instance
! think in the history of the COUNT
! where father and son were elected o
. the same day to the same office, and o
5 March 4th following, the father, Jane
A. Bayard, was United States Senate