Letter from Alvah H. Worden to William Henry Seward, December 25, 1831

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Letter from Alvah H. Worden to William Henry Seward, December 25, 1831
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transcriber

Transcriber:spp:mjn

student editor

Transcriber:spp:sss

Distributor:Seward Family Digital Archive

Institution:University of Rochester

Repository:Rare Books and Special Collections

Date:1831-12-25

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Letter from Alvah H. Worden to William Henry Seward, December 25, 1831

action: sent

sender: Alvah Worden
Birth: 1797-03-06  Death: 1856-02-16

location: Auburn, NY

receiver: William Seward
Birth: 1801-05-16  Death: 1872-10-10

location: Albany, NY

transcription: mjn 

revision: ekk 2016-03-17

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Page 1

Auburn Decr 25. 1831
Hon W H. Seward
Dr Sir,
There was a number of Anti Masons met together at Ellsworths
Birth: 1797-12-14 Death: 1849-01-06
, and
the subject of an address was there talked of. Esquire Brown
Birth: 1790 Death: 1849-05-16
was requested to prepare one
and I think he will do it — Strong
Birth: 1809-07-18 Death: 1885-04-20
was there ready to undertake the service and some-
one proposed that he should be requested to do it but the Supervisor
Unknown
of Brutus put a
quietus upon him, said he was not the man — If Brown dont write one I will altho
I am not anxious to undertake the service. I think there will be a large conven-
tion on the 2d Jany next, — I am sorry you will not be at home, there ought to be some-
one to address the Convention, and to give direction to the procedings — I would
do it myself but there are some few of our citizens who think that I ought not
to be an officiant — I shall I think make a speech and hope my friends Rath-
bone
Birth: 1803 Death: 1870-01-05
and Bradford
Birth: 1776-05-09 Death: 1883-10-31Certainty: Probable
will not choke me down, as they undertook to do last fall.
I should have made a procured Tom
Birth: 1798-10-06 Death: 1839-02-20
to have made an affida-
vit that there was not time to have made the motion in Adams
Unknown
cause on
the 8th instant but he was too drunk to do so and when affidavits are
made by the clerks of attornies the rule is that the reasons why they are not
made by the attorney should be stated, in this case although sufficient they
would not look well on paper or read well in court — I think the plaintiff
was entitled to the costs of the Monroe circuit. and supposed the court
would oblige us to pay the costs made in preparing the cause for that
circuit and in opposing the motion — If we have got off with costs of
the motion we have done pretty well. I think the court should have taken
notice that there was not time sufficient from the date of their rule pursu-
ant to which the motion was made on the 19th of Novr and the 8th of Decr
to have noticed the motion — taking into view the time necessary in the
transmission of the papers by mail. Twenty days only intervening 16
days notice being necessary on an agent and at least 8 days for the
transmission ^& preparation of^ of the papers, this fact was sufficiently before the court I should
think, for to have been taken notice of but as I made no mention of it in the
brief I presume it did not occur to you, but as I said before, I expected to be
obliged to pay the costs of the Monroe circuit and have come of better than I
expected. I am sorry however I did not get an affidavit of want of time
to serve notice for the 8th which I kept the papers back long enoug somedays.
Page 2

in order to do so but Tom was not in condition —
Wood commenced a chancery
The highest court of judicature next to the parliament. It exercises jurisdiction at law, but chief in equity • A court of equity; proceedings in equity •
sent some 6 years
ago in Throops
Birth: 1793-04-12 Death: 1854-02-23
court, filed his bill obtained an injunction & subpoena the
defendant appeared by solicitor and no further steps were taken in the cause.
the matter about which the bill was filed arose partly in Cayuga and partly
in Cortland County, the defendant always resided in Cortland. Wood
is not a solicitor in chancery, only admitted by Throop as solicitor in his
Equity court, — under the present organization of the court can Wood pro-
cede with the suit? and if he does so will he not be punishable as for
contempt. It appears to me that ^by^ the new organization of the court he is Wood
is not entitled to be considered as an Officer of the Court and his proceding
in this cause would be irregular, beside the matter arose out of the jurisdiction
of the Equity court and it seems to me that ^it^ is necessary to file a new bill
and commence a new suit or move the chancellor that a new solicitor
be appointed. What do you think of this case, the plaintiff wants his
cause to procede and I do not like to go on with it in Woods name.
Will you give me your opinion by return mail?
Wood cannot live long. He is a perfect sot and
for the little restraint he imposed upon himself in ^regard to^ drinking he is now
by way of breaking that resolution indulging in the greatest excess — I shall
be admitted next October if nothing happens and I ought to look for a better
situation in the practice than young men just ^generally expect^ — I think I might work in-
to practice in Auburn and some business seems to be growing for me, I
would however prefer to form a connection with some old practitoner
who had business and was willing to dispense with some of the burden
as well as the profits of it. Wood has got a good library and offers to sell it and wait
5 years or more. Allen Worden
Birth: 1781-02-26 Death: 1854-10-31
is disposed to have me buy it. I have got Beachs
Birth: 1785 Death: 1839-08-08

library with our State Reports down to 20v Johnson
Birth: 1769-12-17 Death: 1848-06-25
, 6 John
Unknown
x

Editorial Note

This could be John Johnson
Birth: 1798 Death: 1856-04-20
or William Johnson
Birth: 1769-12-17 Death: 1848-06-25
Chan Reports
x

x

Editorial Note

This book could be either Chan Reports
Author: John Johnson Publisher: William & Joseph Neal Place of Publication:Baltimore, MD Date: 1830
or another version
Author: John Johnson Publisher: William & Joseph Neal Place of Publication:Baltimore, MD Date: 1830
. Esp Nisi Prius
Author: Isaac Espinasse Publisher: Banks and Gould Place of Publication:New York, NY Date: 1811

Modern & Term Reports
Author: Isaac Espinasse Place of Publication:London Date: 1796-1811
, Binneys
Birth: 1780-01-04 Death: 1875-08-12
Penn Reports
Author: Horace Binney Publisher: William P. Farrand and Co. Place of Publication:Philadelphia, PA Date: 1809-1815
, Cruixs digest
Author: William Cruise Publisher: Collins & Hannay Place of Publication:New York, NY Date: 1827
, some books of practice &
a few other Books/Standard Works) — with Wendell
Birth: 1785-01-02 Death: 1861-12-19
Author: John Wendell Place of Publication:New York, NY Date: 1828-1841
& Cowens
Birth: 1787-02-24 Death: 1844-02-11
Author: Esek Cowen Place of Publication:New York, NY Date: 1823-1828
Reports. I could do very well
and these books ^of Beachs^ I can have for probably 6 or 7 years. Which would be better than in-
curring a large debt for Woods library — There would be but few better libraries than
I should have takeing Beachs books with the addition of about $100 or $150 dollars
with these views I request you to make enquiries as to the costs of these books. I want
Paine
Birth: 1757-01-21 Death: 1842-04-28
& Duer
Birth: 1782-10-07 Death: 1858-08-08
& Moultons
Birth: 1789-06-01 Death: 1875-04-20
Chancery practice
Author: Joseph White Moulton Publisher: O. Halsted Place of Publication:New York, NY Date: 1829
very much in orde to be able to
Page 3

prepare myself for examination in October I will endeavor to pay for them
as soon as Gould
Birth: 1772 Death: 1846-01-20
gets pay for his books.
Our Anti Masons seem to be in good nothing dismayed at the nom-
ination of Mr Clay
Birth: 1777-04-12 Death: 1852-06-29
. I think it is better for us than if he was not nominated.
We lose no man from our ranks by the ^his^ nomination of Clay in the County and
Clays strength is nothing here, his nomination is not greeted with any thing
like joy or spirit by his avowed friends here. The truth is there is but one div-
ding line of parties in this state Masonry and Anti Masonry and
the opposition to Anti Masonry and the supporters of Free Masonry will
not be divided by anything like personal attachment to either Clay
or Jackson
Birth: 1767-03-15 Death: 1845-06-08
. The Clay Masons as yet do not appear to act as if their
fav avowed favorite was in the field. How it is in the other counties [ I ]
x

Supplied

Reason: wax-seal

cannot say but here it is certain Mr Clays nomination will not re-
ceive even an echo. Would that it might — Would that those avowed Clay men
who have so long fought Anti Masonry under his banner would now ad-
vance his standard and seek to support their man. We should find that
measure would at once divide the opposition to Anti [ Masonry ]
x

Supplied

Reason: wax-seal

this County and give us an easy victory — It is true a fa[ ir and ]
x

Supplied

Reason: wax-seal

fastidious
Disdainful; squeamish; difficult to please • Rejecting what is common or not very ncie •
individual which great attachment to Clay has kept men
from altogether mingling with the Masonic faction may endeavor to
make a move in his favor but it will be an abortive attempt as I think
you will see, every effort will be made to keep the Masonic party together and
the Clay men find themselves so perfectly at home with their Masonic breth-
eren and that they will be slow to break up a connection so congenial to
their sympathies — You need not be under the remotest apprehension that
the nomination of Mr Clay will injure our cause in this county, the only
fears are ground for fears are that M r Cla there will be no organisation of his
patrons here — The returns of the Towns Committes of the number of Masons
in their several towns are coming in in Brutus there are 38 Masons who
in 1827 were opposed to the Bucktail party, they are now all support-
ing Masonry under cloak of Jacksonism, there are more than 100
in this town that in 1828 were Adams
Birth: 1767-07-11 Death: 1848-02-23
men now zealous supporters of
Masonry in and espousing Jacksonism — Shut all down.
Yours —
Worden
Page 4

A Worden
Hon W. H. Seward
of the Senate
Albany
Auburn
Dec 26
NY
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Stamp

Type: postmark

Hand Shiftx

William Seward

Birth: 1801-05-16 Death: 1872-10-10
A. Worden
25 Dec. 1831.