George Washington Nesmith, L.L.D.

'Nesmith Hall' (seen below) at the University of New Hampshire in Durham, New Hampshire is named after the Honorable George Washington Nesmith.

The following was written in the 1800's during the time that George W. Nesmith was still living.

Graduated at Dartmouth College 1820. Practiced law at Franklin and was long judge of Supreme Court of New Hampshire. In his old age one of the trustees of Dartmouth College conferred on him the title of L.L.D. He stands among the best and noblest of the sons of New Hampshire and is an honor to his native town.

LIFE: His father's residence in Antrim was situated a mile from the district school house, and the distance and his lameness interfered with his early attendance. Miss Katherine Miller, a sister of General James Miller, later, wife of John Caldwell, of Antrim, led him through the rudiments as found in Noah Webster's spelling-book. She was an amiable and kind woman, well calculated to gain the affections of children. The other teachers who helped to mould his character were Miss Lucinda Lawrence, of Ashby, Mass., Miss Fanny Baldwin, afterwards wife of Dr. Israel Burnham, and Miss Anstress Woodbury, a sister of Hon. Levi Woodbury, who in later years married Ho. Nehemiah Eastman, and became the early Friend and patron of Henry Wilson in his boyhood. In the winter of 1810 he received instruction from J. Miltimore, of West Newbury ; in 1811, from Joshua Holt, of Greenfield ; and in 1812, 1813 and 1814, from Daniel M. Christie. In early life, in the school room, Mr. Christie gave evidence of superior ability as an instructor, and ranked as a model school-master. He was an able mathematician, and could lead a class through the intricacies of figures with consummate tact.

In May, 1814, the boy was sent from home and placed, at Jaffrey, under the instruction of Henry Cummings. His companions were Luke Woodbury and Samuel Dakin, of Utica, New York ; the former for many years judge of probate, while the latter lived to see his five sons take degrees from his own alma mater, Hamilton College. To Rev. John M. Whiton, minister at Antrim, was he chiefly indebted for his rapid progress in the classics and his early preparation to enter Dartmouth College. His course of four years embraced the stormy, threatening period when legislature of the state attempted to overawe the indomitable board of trustees. In the class of 1820, with Judge Nesmith, were Hon. Nathan Crosby, of Lowell, Hon. George P. Marsh, and Hon. Nathaniel G. Upham.

After graduation, he taught school at "the north end of Concord street" four months, and at the academy at Bradford, Vermont, eighteen months. He commenced the study of law with Parker Noyes in August, 1822.

By the income derived from school-keeping he was enabled to pay off a large part of the expenses incurred at college. He commenced the study of the law under the depressing influence of poor health, but by adopting a rigid system of out-door exercise and manual labor, and strictly adhering to it for nearly two years, he regained his accustomed strength and vigor. The law business of Mr. Noyes was quite extensive, and required more than the ability and strength of one man to attend to, so that the hearty cooperation of the young law student was duly appreciated and handsomely recompensed. Mr. Nesmith was admitted to the bar in August, 1825, and immediately formed an equal partnership with Mr. Noyes which continued until, at the end of one year, the senior member of the firm withdrew from professional labor, on account of sickness, and surrendered the whole business to Mr. Nesmith. The kindness and liberality of Mr. Noyes to the young lawyer on the threshold of business life has ever been rightly appreciated by the recipient.

The old law office stood in the lower village of Franklin, then Salisbury, now known as the Webster Place. It was originally built about 1790, by Thomas W. Thompson. Its situation near the point where four of the five great counties of the state cornered was well selected for legal business. Mr. Thompson was a good lawyer, but not a great advocate. His students acquired good, industrious habits and correct principles. They were : Moses Eastman, Daniel Webster, Ezekial Webster, Daniel Abbot, Jeremiah H. Woodman, Jacob McGaw and Parker Noyes. Ichabod Bartlett, D.C. Atkinson, John A. Harper, Josiah Houghton, Peabody Rogers, and William C. Thompson studied with Mr. Noyes. To the last named Mr. Nesmith owed his invitation to leave his school in Bradford, Vermont, and enter the office consecrated to legal lore, as a student. Parker Noyes was Thomas W. Thompson's brother-in-law, and law partner from 1801 ; and about 1807, succeeded to the business, when Mr. Thompson removed to Salisbury south road.

In April, 1829, Mr. Nesmith gave up the office at the lower village and removed to the upper village, where has ever since resided. The old office is still in existence, reduced from its lofty station, and now doing duty as a neglected back kitchen, the law-tomes being replaced by the more humble pans and kettles.

Mr. Nesmith at once took an active part in the affairs of his adopted home, and entered eagerly into the scheme to incorporate the territory from the four towns of Northfield, Sanborton, Andover and Salisbury, into a township, when there would be a community of interest - the town of Franklin. The first petition was presented in 1824. The following year a viewing committee, consisting of William Plummer, Jr., Caleb Keith and Abel Merrill, examined the territory, and reported favorably in 1826. The legislature of that year rejected the application on the ground that a majority of the inhabitants within the territory in question were not in favor of the new town. In June, 1828, there was more union and consequently more strength, and the petition was presented under more favorable auspices. Although opposed by the strenuous efforts and influence of three towns, the charter was granted in December, 1828. Judge Nesmith wrote the charter and gave the town its name. The three opposing towns at the June session, 1829, asked that the several tracts of territory taken from them should be restored. An order of notice was obtained for a hearing of this subject, returnable at June session, 1830. To the legislature of that year Mr. Nesmith was elected to represent the young town, and advocate the inviolability of its territory. The struggle came on in June. The first hearing was before the committee on towns and parishes, of which Hon. Franklin Peirce was chairman. The committee, by a majority of one, reported adversely to the towns ; but their report, after a long and well contested debate, was rejected by the house, by two majority. The territory taken from Northfield was restored to her in a final vote, the matter being settled by the casting vote of the speaker. Twenty-six years afterwards this disputed territory, with more added, was quietly ceded to Franklin. His first legislative experience was arduous and repulsive to Mr. Nesmith, and by the division of the town he saw his majority fade away. However, he entered into the canvass of 1831 with vigor, and had the satisfaction of being reelected by a majority of fifty - and increased majority over that of the previous election. Judge Nesmith represented Franklin in the legislature in 1832, 1843, 1835, 1836, 1838, 1839, 1844, 1845, 1846, 1847, 1854, 1871 and 1872 ; and was a member of the constitutional convention in 1850 and 1851.

From the first, he took advanced grounds on the subject of extending the system of railroads through the state and in granting to them the right of way, which was for a long time bitterly contested. From its organization in 1845 he has been actively interested in the Northern railroad, having been a director on the board, and for eight years president of the corporation. In 1852 and 1853, he became interested in manufacturing in the village of Franklin, and was an owner and director in the woolen factory, destroyed by fire in 1858.

December 31, 1859, he was appointed one of the judges of the supreme judicial court, which responsible trust he exercised until October, 1870, when, having reached the age of seventy years, the constitution of the state relieved him from further duty. The last term of court over which he presided he brought to a close on the day before his seventieth birthday.

In the cause of education, and especially in Dartmouth College, his alma mater, in all its departments, he has been deeply interested. Since 1858, he has been a trustee of that venerable institution ; since 1870, a trustee of the New Hampshire agricultural college ; since 1877, its president.

In 1871, Dartmouth College conferred upon him the degree of L.L.D. The incorporation and establishment of the New Hampshire orphan's home in 1871 (of which institution he has been president since its organization), and its maintenance since, has occupied much of Judge Nesmith's attention of late years, and he takes a paternal interest in every little orphan received there. He has attended to the purchase of the property and its daily support since, to the employment of the labor necessary for carrying on the farm, and the other departments of the institution, disbursing all the money from the treasury.

In politics, Judge Nesmith was a Whig, and has been a republican from the organization of the party. For many years he has been a member of the Congregational church of Franklin, and is a consistent if not an active member. As a lawyer, he has a reputation of closing more litigation than any lawyer in the state. His clients have always reposed the utmost confidence in his judgement. During his connection with the bar of Merrimack county he has been engaged in many heavy lawsuits. Among the students who have studied with him are Hon. Asa P. Cate, Hon. Stephen G. Nash, Hon. Austin F. Pike, Hon. Daniel Barnard, John Bell Bouton, and Frederick Bartlett. One of the most pleasant reminiscences of his life is his friendship and intimacy with the "Great Expounder," Daniel Webster.

September 26, 1826, he was joined in marriage to Mary M., daughter of Samuel and Annie (Bedel) Brooks, Grand-daughter of Gen. Timothy Bedel, of revolutionary fame. Mrs. Nesmith was born in Haverhill, New Hampshire July 8 1799. Of their children, but one survives. Geo. Brooks Nesmith, born February 13, 1831, died October 26, 1852, while a member of the junior class of Dartmouth College. Arthur Sidney Nesmith, born March 30, 1833, served the state during the war of the rebellion in the quartermaster department, holding the rank of captain ; married Mary E. Moulder, of Washington, D.C. ; served as representative in the legislature for the town of Franklin for the years 1868 and 1869, and died deeply lamented August 18, 1877, from the result of disease contracted in the army, leaving two daughters, who still survive, aged respectively eleven and eight years. Annie Nesmith, born July 24, 1841, resides with her father.

In closing this imperfect sketch of Judge Nesmith's life, I will quote the summing up of his character in Rev. W. R. Cochrane's History of Antrim : "He is a man of noble principles and honored life, enjoying in his old age the highest confidence and esteem of men ;" a lawyer of sound judgement, of good sense, a safe counselor, and an honest man.

J. N. McClintock.

[Find George Washington Nesmith in the Naesmyth Family Tree]