Darius Cadwell
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Darius Cadwell (April 13, 1821 – November 26, 1905) was an American lawyer, judge and politician who served as a Republican state legislator for
Ohio Ohio ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...
and one of its provosts marshal during the
Civil War A civil war is a war between organized groups within the same Sovereign state, state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies.J ...
. Born to a prominent farmer, Cadwell read law under his relative and future Senator
Benjamin Wade Benjamin Franklin "Bluff" Wade (October 27, 1800March 2, 1878) was an American lawyer and politician who served as a United States Senator for Ohio from 1851 to 1869. He is known for his leading role among the Radical Republicans.
and became a prominent local lawyer and minor politician in
Ashtabula County Ashtabula County ( ) is the northeasternmost county in the U.S. state of Ohio. As of the 2020 census, the population was 97,574. The county seat is Jefferson, while its largest city is Ashtabula. The county was created in 1808 and later organ ...
. He was successively elected to both chambers of the
Ohio General Assembly The Ohio General Assembly is the state legislature of the U.S. state of Ohio. It consists of the 99-member Ohio House of Representatives and the 33-member Ohio Senate. Both houses of the General Assembly meet at the Ohio Statehouse in Colu ...
as a Republican. After a row in 1857 he was punched by fellow member John P. Slough in an incident leading to the latter's expulsion. Cadwell served as provost marshal during the Civil War, when he moved to Cleveland, and spent the remainder of his life in private practice and as an elected judge of common pleas.


Early life and legal career

Cadwell was born in
Andover, Ohio Andover is a village located in the south-east of Ashtabula County, Ohio, United States. The population was 972 at the time of the 2020 census. History David Lindsey, writing in 1955, observes that "New England Yankees, moving into Ohio's Weste ...
on April 13, 1821. He was the second son of Caroline Darius and the farmer and pioneer Roger Cadwell, the latter of whom having emigrated from
Hartford County, Connecticut Hartford County is a county located in the north central part of the U.S. state of Connecticut. According to the 2020 census, the population was 899,498, making it the second-most populous county in Connecticut. Hartford County contains t ...
on July 10, 1817. His other siblings were Emily, Jonathan and James D. Ray, a realtor who profited during the
Duluth, Minnesota Duluth ( ) is a Port, port city in the U.S. state of Minnesota and the county seat of St. Louis County, Minnesota, St. Louis County. Located on Lake Superior in Minnesota's Arrowhead Region, the city is a hub for cargo shipping. The population ...
land boom. Cadwell attended local schools before studying one year at
Allegheny College Allegheny College is a private liberal arts college in Meadville, Pennsylvania, United States. Founded in 1815, Allegheny is the oldest college in continuous existence under the same name west of the Allegheny Mountains. It is a member of the G ...
in
Meadville, Pennsylvania Meadville is a city in Crawford County, Pennsylvania, United States, and its county seat. The population was 13,050 at the 2020 United States Census, 2020 census. The first permanent settlement in Northwestern Pennsylvania, Meadville is withi ...
in 1841. Cadwell began
reading law Reading law was the primary method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship u ...
in February 1842 at the
Jefferson, Ohio Jefferson is a village in Ashtabula County, Ohio, United States, and its county seat. The population was 3,226 at the 2020 census. It is part of the Ashtabula micropolitan area, northeast of Cleveland. Modern-day Jefferson sports the world' ...
law firm Messrs. Wade & Ranney, composed of Cadwell's relative and future Senator
Benjamin Wade Benjamin Franklin "Bluff" Wade (October 27, 1800March 2, 1878) was an American lawyer and politician who served as a United States Senator for Ohio from 1851 to 1869. He is known for his leading role among the Radical Republicans.
(Wade's brother Samuel Sidney having married Darius's sister Emily in 1821) and future Ohio Supreme Court justice
Rufus P. Ranney Rufus Putnam Ranney (October 30, 1813 – December 6, 1891) was a Democratic politician in the U.S. State of Ohio who helped write the second Ohio Constitution, and was a judge on the Ohio Supreme Court in 1851–1856 and 1863–1865. Early lif ...
. He was
admitted to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...
in September 1844 and joined the firm as a partner. The state legislature elected Wade president-judge of the third judicial district in 1847, so Cadwell and Ranney created a new firm with Charles S. Simonds. Wade and Cadwell remained in correspondence, with Cadwell apparently even writing a flattering monograph about the former's legal competence. When Ranney then left in 1851 following his election to the Supreme Court of Ohio, "Messrs. Cadwell & Simonds" continued practicing together until autumn 1871.


Political career, the Civil War and after

Cadwell was said to be diligent, active and able as an attorney, and popular in the community. He occupied a number of minor political offices, including
alderman An alderman is a member of a Municipal government, municipal assembly or council in many jurisdictions founded upon English law with similar officials existing in the Netherlands (wethouder) and Belgium (schepen). The term may be titular, denotin ...
, deputy clerk,
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(1847–1850) and
trustee Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, refers to anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility for the ...
(1852–1855) for the then-hamlet of Jefferson, and census agent for
Ashtabula County Ashtabula County ( ) is the northeasternmost county in the U.S. state of Ohio. As of the 2020 census, the population was 97,574. The county seat is Jefferson, while its largest city is Ashtabula. The county was created in 1808 and later organ ...
in the
1850 census The 1850 United States census was the seventh decennial United States Census Conducted by the Census Office, it determined the resident population of the United States to be 23,191,876—an increase of 35.9 percent over the 17,069,453 persons ...
. From 1856 to 1858, he served two terms with Uriah Hawkins as a Republican member of the
Ohio House of Representatives The Ohio House of Representatives is the lower house of the Ohio General Assembly, the state legislature of the U.S. state of Ohio; the other house of the bicameral legislature being the Ohio Senate. The House of Representatives first met in ...
for Ashtabula County. Cadwell then served for two terms in the
Ohio Senate The Ohio Senate is the upper house of the Ohio General Assembly. The State Senate, which meets in the Ohio Statehouse in Columbus, first convened in 1803. Senators are elected for four year terms, staggered every two years such that half of t ...
for the 24th district, encompassing Ashtabula,
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and
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Counties from 1858 to 1860. Cadwell was an abolitionist, who reportedly "once thanked God that in Ohio public sentiment recognized negroes as the social and political equals of the whites" — among his personal papers are a bill to abolish imprisonment for debt and other documents opposing slavery and
President Polk James Knox Polk (; November 2, 1795 – June 15, 1849) was the 11th president of the United States, serving from 1845 to 1849. A protégé of Andrew Jackson and a member of the Democratic Party, he was an advocate of Jacksonian democracy and ...
in 1848.


Altercation with John P. Slough

On January 14, 1857, Cadwell engaged in a debate with fellow lawyer and
Cincinnati Cincinnati ( ; colloquially nicknamed Cincy) is a city in Hamilton County, Ohio, United States, and its county seat. Settled in 1788, the city is located on the northern side of the confluence of the Licking River (Kentucky), Licking and Ohio Ri ...
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John P. Slough over the latter's bill to compensate members for ''per diem'' expenses incurred during the time spent adjourned. During the roll call for the vote, Cadwell approached Slough, with whom he had previously a cordial relationship, and told him the bill was "too foolish" to trouble the
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
with. In response, Slough said he wouldn't be disrespected any longer, and punched Cadwell in the face; Cadwell did not retaliate, and Slough, refusing to apologize, became the first and only member expelled from the
Ohio General Assembly The Ohio General Assembly is the state legislature of the U.S. state of Ohio. It consists of the 99-member Ohio House of Representatives and the 33-member Ohio Senate. Both houses of the General Assembly meet at the Ohio Statehouse in Colu ...
until
Larry Householder Larry Lee Householder (born June 6, 1959) is an American former politician and convicted felon, who was convicted in the largest bribery corruption scandal in Ohio's history. Householder was the state representative for Ohio's 72nd district and w ...
in 2021. Slough was subsequently renominated by local Democrats, but the next year's election between him and Republican businessman Robert Hosea was incredibly close. Amidst the confusion, Slough returned to Columbus triumphant, only for the House Committee on Elections, on which Cadwell served, to demand recounts in certain wards where mistakes were reported. After the recounts, Hosea was found to have won after all. Slough conceded, moved west and apparently never returned to Ohio. At a time of great political violence, echoing the 1856
caning of Charles Sumner The caning of Charles Sumner, or the Brooks–Sumner Affair, occurred on Thursday, May 22, 1856, in the United States Senate chamber, when Representative Preston Brooks, a pro-slavery Democrat from South Carolina, used a walking cane to attac ...
, newspapers described the incident in colorful language as a ''cause célèbre.''


Civil War and subsequent work

In 1862, Cadwell turned down an
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appointment but accepted in 1863 the position of
provost marshal Provost marshal is a title given to a person in charge of a group of Military Police (MP). The title originated with an older term for MPs, '' provosts'', from the Old French (Modern French ). While a provost marshal is now usually a senior c ...
for the 19th district to oversee compliance with the
Enrollment Act The Enrollment Act of 1863 (, enacted March 3, 1863) also known as the Civil War Military Draft Act, was an Act passed by the United States Congress during the American Civil War to provide fresh manpower for the Union Army. The Act was the fir ...
, headquartered in
Youngstown, Ohio Youngstown is a city in Mahoning County, Ohio, United States, and its county seat. It is the List of municipalities in Ohio, 11th-most populous city in Ohio with a population of 60,068 at the 2020 United States census, 2020 census. The Mahoning ...
. In autumn 1865, the district was consolidated with the 14th, 16th and the notoriously poorly managed 18th, and its headquarters was relocated to
Cleveland Cleveland is a city in the U.S. state of Ohio and the county seat of Cuyahoga County. Located along the southern shore of Lake Erie, it is situated across the Canada–U.S. maritime border and approximately west of the Ohio-Pennsylvania st ...
. He was responsible for winding up the operations of the 18th, 19th and 20th districts before being himself discharged on December 20. From 1865 to 1870, Cadwell apparently aided the Wade family and other Ohioans purchasing land in Duluth through his brother. In autumn 1871, Cadwell opened a law office in Cleveland. In 1873, he was elected judge of common pleas for
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and served two terms from 1874 to 1884. He also was a founding member of the Cleveland Law Library, serving as trustee (1881–1891), vice-president (1884–1891) and auditor (1891) thereof. Cadwell spent his final years in private practice with his son, Frank.


Personal life

On April 13, 1847, Cadwell married Ann Elizabeth 'Eliza' Watrous (b. 1826), the daughter of John B. Watrous (d. 1862), a veteran of the
War of 1812 The War of 1812 was fought by the United States and its allies against the United Kingdom of Great Britain and Ireland, United Kingdom and its allies in North America. It began when the United States United States declaration of war on the Uni ...
. Together they had four children, two of whom (Florence and James R.) died aged three and eleven, respectively. The other children were Clara Gertrude (b. 1855), who in 1886 married the businessman Richard W. Hubbard, and a Frank W. Cadwell died in Cleveland on November 26, 1905. A number of his papers, including official and personal correspondence, were purchased in 1969 by the
Western Reserve Historical Society The Western Reserve Historical Society (WRHS) is a historical society in Cleveland, Ohio. The society operates the Cleveland History Center, a collection of museums in University Circle. The society was founded in 1867, making it the oldest ...
.


Notes


References


External links


1861 recruitment broadside by Cadwell announcing speech by Benjamin Wade
{{DEFAULTSORT:Cadwell, Darius 1821 births 1905 deaths Ohio Republicans Ohio state court judges Ohio state senators People from Andover, Ohio People of the Reconstruction Era 19th-century members of the Ohio General Assembly