Advertisement

Judge Isaac Atwater

Advertisement

Judge Isaac Atwater

Birth
Homer, Cortland County, New York, USA
Death
22 Dec 1906 (aged 88)
Minneapolis, Hennepin County, Minnesota, USA
Burial
Minneapolis, Hennepin County, Minnesota, USA Add to Map
Plot
Section 2, Lot 6, Grave 2
Memorial ID
View Source
THE MINNEAPOLIS JOURNAL; SATURDAY EVENING, DECEMBER 22, 1906

JUDGE ATWATER CALLED BY DEATH
Judge Isaac Atwater died at 11:20 a.m. today in his apartments at the West hotel. His death is a long-deferred surrender to avert which the eminent jurist and pioneer has been battling bravely for six years……………..

Isaac Atwater was born May 3, 1818, at Homer, Cortland county, N. Y. His father was Ezra Atwater, a farmer, a native of Connecticut, whose ancestors came from England and settled in New Haven about 1748. His mother was Esther Leaming, also a native of Connecticut. He received his early education in the day schools, and at 16 years of age he began to prepare for college at Cazenovia seminary, and later at Homer academy.

Young Atwater secured an education thru his own efforts. His father was unable to assist him financially in preparing for college. He had no money except what he earned himself by teaching school. He entered Yale in 1840. Following his graduation, in 1844, he went to Macon, Ga., and became an instructor in a private school to earn enough to meet expenses. After a year of teaching he entered Yale law school and remained eighteen months. In 1847 he was admitted to the bar of New York city and in 1848 began the practice of his profession there.

Success was assured, but on account of ill health he sought a change of climate. He married Permelia A. Sanborn of Geddes, N. Y., in 1849, and in the October of the following year they settled in St. Anthony Falls. For twelve months he was associated with John W. North in the practice of law. In 1851 Mr. Atwater continued the law business alone, in connection with the position of editor of the St. Anthony Express, which paper he continued to edit for several years. During the year 1851 he was appointed a regent of the university by the territorial legislature. He was a member of the board until 1857, when he was elected associate judge of the supreme court of the newly created state and resigned from board. Governor Ramsey appointed Mr. Atwater reporter of the decisions of the territorial supreme court March 13, 1852. He was nominated district attorney for Hennepin county in September, 1853, and was elected that fall.

At the first state election nominations were made for judges of the supreme court by both political parties, the candidates of the democratic party being elected. They were Isaac Atwater of Minneapolis, Charles E. Flandrau of Travers des Sioux and Lafayette Emmett of St. Paul. At the time of his election to the bench Mr. Atwater had the largest practice in the county. Judge Atwater served on the bench six years. In March, 1864, finding his salary of the office - then only $2,000 a year, paid in depreciated state orders - insufficient for the support of his family, he resigned. He had received a lucrative offer to resume practice in Carson City, Nev., and accepted it without removing his family or intending to make it a permanent residence. He opened a law office with Charles E. Flandrau, who also resigned from the supreme bench of Minnesota, and remained in the west until the fall of 1866, when he resumed the practice of law in Minneapolis in partnership with Judge Flandrau.

This partnership was dissolved in 1871, after which Judge Atwater had an office by himself, and at different times with Mr. Babcock and others until 1886. Since then he had devoted his time to private and real-estate business, maintaining of late years an office in the Kasota building.

Judge Atwater was very active and prominent in local public affairs. He served the city as alderman; was a member and president of the Board of Trade for several years; was also a trustee of Seabury seminary at Faribault, and for a long time a member of the school board and president of the board of education. When Mr. Atwater first settled in St. Anthony he bought a block of land for $800 on credit which he paid for out of his legal business in two years. At the time of his arrival there was much excitement about settling on the west side of the river on what was then the Fort Snelling reservation. In December, 1850, John H. Stevens and Franklin Steele urged him to go over and take up land. One stormy day that month he staked out a claim of about 160 acres. It included the land on which the West hotel was built. The next spring and summer he put up a shanty and spent about $100 improving the claim. In 1852 he sold this property and bought 160 acres below where the old courthouse stands; this he pre-empted as soon as the land was in the market. He laid out Atwater's addition to the city of Minneapolis here, most of which has since been sold in city lots. He purchased other property and has been one of the largest real estate owners in the city. While attending to his professional and other business affairs Judge Atwater devoted much time to literary pursuits and was a frequent contributor to the press and magazines of the country. In 1892 he edited "The History of Minneapolis." He occupied a distinguished position among his professional brethren, and by his native ability and scholarly attainments commanded a prominent place in the community. Mr. Atwater was an active member of Gethsemane Episcopal church, and a contributor to all worthy charities, distributing his means judiciously. He was elected "warden emeritus" of Gethsemane church in 1883. He was a Mason, having joined that order in 1851.

Mr. and Mrs. Atwater were the parents of four children, only one of whom, John B. Atwater, is now living. He is one of the successful lawyers of Minneapolis.

Judge Atwater was one of the members of that fast disappearing band who laid so wisely and well the foundations of the prosperity of Minneapolis. Isaac Atwater, as one of the early settlers in St. Anthony, was intimately connected with the "first things" in the history of this city, as an editor, a lawyer and as a citizen. He was editor of the first paper, the St. Anthony Express, and later proprietor. The population of the town was 250 at that time, and his able pen and that of Sheldon Hollister made the Express second in influence to no paper west of Chicago. Mr. Atwater was then a whig and supported the Fillmore administration. On the dissolution of the whig party in 1859 he became a democrat. The question of the future head of navigation was a live issue in those days. In the discussion of the matter of navigation of the Mississippi between the two cities, Judge Atwater, who was usually very conservative, became quite radical. The new paper declared that when it was once settled that St. Anthony Falls was the real head of navigation St. Paul would retrograde to a modest village. It was Judge Atwater who first urged that a large mill of the first class be built for grinding grain. The paper was confident that there would be sufficient grain grown that year to run the mill the year around.

Judge Atwater was the last member of the Minneapolis bar who was in practice in 1851. He made the first motion to admit any one to the bar in St. Anthony. E. S. Jones was the applicant. His firm were the attorneys in the first mortgage sale in the city.

Mr. Atwater was selected as the whig candidate in the fall of 1851 to run against the opposition candidate for district representative in the territorial council, William L. Larned. Mr. Larned was elected by a small majority.

The university was incorporated Feb. 15, 1851. Isaac Atwater was elected member of the first board of regents by the legislature in joint convention. On the day that the Express made its appearance the board of regents was organized as follows: Franklin Steele, president; J. W. North, treasurer; Isaac Atwater, secretary; W. K. Marshall, librarian. As secretary of the board [sic?] He was the orator at the first local beautiful site which the institution now occupies in this city. He was the first apprentice initiated in Cataract lodge, No. 2, of St. Anthony, A. F. & A. M. He was the orator of at [sic] the first local celebration of national independence, the seventy-fifth. He was a lecturer in an early course of the Library association. He was one of the incorporators of the first Mississippi Bridge company, and subscriptions were opened for the stock in his office in July, 1853.

He was a member of the first board of directors of the Minneapolis & St. Louis road and was its solicitor and secretary. He was one of the early aldermen.

Judge Atwater was also a member of the board of directors of schools, west division, in 1868. H. G. Harrison, W. D. Washburn and Allen Harmon were the other members. He served at different times as a member of the board, of which body he was president and director until April 1, 1878, when it ceased by act of legislature. Thus he was very prominent in laying the early foundations of our present school system.

One of the best comments on the life of Isaac Atwater was written in 1890 by the pioneer, Colonel J. H. Stevens, who preceded Judge Atwater into the beyond. He wrote in his personal recollections of Minnesota, and its people: "Isaac Atwater is one of the most prominent men in the state. For many years he occupied a seat on the supreme bench of Minnesota. A graduate of old Yale, he is a classic writer and ready speaker. As a lawyer he ranks among the foremost. As a member and secretary of the old board of regents of the University of Minnesota he labored long and earnestly in the interest of that great seat of learning. Judge Atwater has occupied many high positions with credit to himself and satisfaction to the community. At the birth of the city he fortunately consented to serve as one of its aldermen. His wise course in the council tended to shape the course of those aldermen who followed him in the adoption of wholesome ordinances for the city government. He was one of the founders of our fine system of grade schools. His good works are all around us, and he is still vigorous and useful."
---------------------
Marriage date provided by Shevlin McCann
THE MINNEAPOLIS JOURNAL; SATURDAY EVENING, DECEMBER 22, 1906

JUDGE ATWATER CALLED BY DEATH
Judge Isaac Atwater died at 11:20 a.m. today in his apartments at the West hotel. His death is a long-deferred surrender to avert which the eminent jurist and pioneer has been battling bravely for six years……………..

Isaac Atwater was born May 3, 1818, at Homer, Cortland county, N. Y. His father was Ezra Atwater, a farmer, a native of Connecticut, whose ancestors came from England and settled in New Haven about 1748. His mother was Esther Leaming, also a native of Connecticut. He received his early education in the day schools, and at 16 years of age he began to prepare for college at Cazenovia seminary, and later at Homer academy.

Young Atwater secured an education thru his own efforts. His father was unable to assist him financially in preparing for college. He had no money except what he earned himself by teaching school. He entered Yale in 1840. Following his graduation, in 1844, he went to Macon, Ga., and became an instructor in a private school to earn enough to meet expenses. After a year of teaching he entered Yale law school and remained eighteen months. In 1847 he was admitted to the bar of New York city and in 1848 began the practice of his profession there.

Success was assured, but on account of ill health he sought a change of climate. He married Permelia A. Sanborn of Geddes, N. Y., in 1849, and in the October of the following year they settled in St. Anthony Falls. For twelve months he was associated with John W. North in the practice of law. In 1851 Mr. Atwater continued the law business alone, in connection with the position of editor of the St. Anthony Express, which paper he continued to edit for several years. During the year 1851 he was appointed a regent of the university by the territorial legislature. He was a member of the board until 1857, when he was elected associate judge of the supreme court of the newly created state and resigned from board. Governor Ramsey appointed Mr. Atwater reporter of the decisions of the territorial supreme court March 13, 1852. He was nominated district attorney for Hennepin county in September, 1853, and was elected that fall.

At the first state election nominations were made for judges of the supreme court by both political parties, the candidates of the democratic party being elected. They were Isaac Atwater of Minneapolis, Charles E. Flandrau of Travers des Sioux and Lafayette Emmett of St. Paul. At the time of his election to the bench Mr. Atwater had the largest practice in the county. Judge Atwater served on the bench six years. In March, 1864, finding his salary of the office - then only $2,000 a year, paid in depreciated state orders - insufficient for the support of his family, he resigned. He had received a lucrative offer to resume practice in Carson City, Nev., and accepted it without removing his family or intending to make it a permanent residence. He opened a law office with Charles E. Flandrau, who also resigned from the supreme bench of Minnesota, and remained in the west until the fall of 1866, when he resumed the practice of law in Minneapolis in partnership with Judge Flandrau.

This partnership was dissolved in 1871, after which Judge Atwater had an office by himself, and at different times with Mr. Babcock and others until 1886. Since then he had devoted his time to private and real-estate business, maintaining of late years an office in the Kasota building.

Judge Atwater was very active and prominent in local public affairs. He served the city as alderman; was a member and president of the Board of Trade for several years; was also a trustee of Seabury seminary at Faribault, and for a long time a member of the school board and president of the board of education. When Mr. Atwater first settled in St. Anthony he bought a block of land for $800 on credit which he paid for out of his legal business in two years. At the time of his arrival there was much excitement about settling on the west side of the river on what was then the Fort Snelling reservation. In December, 1850, John H. Stevens and Franklin Steele urged him to go over and take up land. One stormy day that month he staked out a claim of about 160 acres. It included the land on which the West hotel was built. The next spring and summer he put up a shanty and spent about $100 improving the claim. In 1852 he sold this property and bought 160 acres below where the old courthouse stands; this he pre-empted as soon as the land was in the market. He laid out Atwater's addition to the city of Minneapolis here, most of which has since been sold in city lots. He purchased other property and has been one of the largest real estate owners in the city. While attending to his professional and other business affairs Judge Atwater devoted much time to literary pursuits and was a frequent contributor to the press and magazines of the country. In 1892 he edited "The History of Minneapolis." He occupied a distinguished position among his professional brethren, and by his native ability and scholarly attainments commanded a prominent place in the community. Mr. Atwater was an active member of Gethsemane Episcopal church, and a contributor to all worthy charities, distributing his means judiciously. He was elected "warden emeritus" of Gethsemane church in 1883. He was a Mason, having joined that order in 1851.

Mr. and Mrs. Atwater were the parents of four children, only one of whom, John B. Atwater, is now living. He is one of the successful lawyers of Minneapolis.

Judge Atwater was one of the members of that fast disappearing band who laid so wisely and well the foundations of the prosperity of Minneapolis. Isaac Atwater, as one of the early settlers in St. Anthony, was intimately connected with the "first things" in the history of this city, as an editor, a lawyer and as a citizen. He was editor of the first paper, the St. Anthony Express, and later proprietor. The population of the town was 250 at that time, and his able pen and that of Sheldon Hollister made the Express second in influence to no paper west of Chicago. Mr. Atwater was then a whig and supported the Fillmore administration. On the dissolution of the whig party in 1859 he became a democrat. The question of the future head of navigation was a live issue in those days. In the discussion of the matter of navigation of the Mississippi between the two cities, Judge Atwater, who was usually very conservative, became quite radical. The new paper declared that when it was once settled that St. Anthony Falls was the real head of navigation St. Paul would retrograde to a modest village. It was Judge Atwater who first urged that a large mill of the first class be built for grinding grain. The paper was confident that there would be sufficient grain grown that year to run the mill the year around.

Judge Atwater was the last member of the Minneapolis bar who was in practice in 1851. He made the first motion to admit any one to the bar in St. Anthony. E. S. Jones was the applicant. His firm were the attorneys in the first mortgage sale in the city.

Mr. Atwater was selected as the whig candidate in the fall of 1851 to run against the opposition candidate for district representative in the territorial council, William L. Larned. Mr. Larned was elected by a small majority.

The university was incorporated Feb. 15, 1851. Isaac Atwater was elected member of the first board of regents by the legislature in joint convention. On the day that the Express made its appearance the board of regents was organized as follows: Franklin Steele, president; J. W. North, treasurer; Isaac Atwater, secretary; W. K. Marshall, librarian. As secretary of the board [sic?] He was the orator at the first local beautiful site which the institution now occupies in this city. He was the first apprentice initiated in Cataract lodge, No. 2, of St. Anthony, A. F. & A. M. He was the orator of at [sic] the first local celebration of national independence, the seventy-fifth. He was a lecturer in an early course of the Library association. He was one of the incorporators of the first Mississippi Bridge company, and subscriptions were opened for the stock in his office in July, 1853.

He was a member of the first board of directors of the Minneapolis & St. Louis road and was its solicitor and secretary. He was one of the early aldermen.

Judge Atwater was also a member of the board of directors of schools, west division, in 1868. H. G. Harrison, W. D. Washburn and Allen Harmon were the other members. He served at different times as a member of the board, of which body he was president and director until April 1, 1878, when it ceased by act of legislature. Thus he was very prominent in laying the early foundations of our present school system.

One of the best comments on the life of Isaac Atwater was written in 1890 by the pioneer, Colonel J. H. Stevens, who preceded Judge Atwater into the beyond. He wrote in his personal recollections of Minnesota, and its people: "Isaac Atwater is one of the most prominent men in the state. For many years he occupied a seat on the supreme bench of Minnesota. A graduate of old Yale, he is a classic writer and ready speaker. As a lawyer he ranks among the foremost. As a member and secretary of the old board of regents of the University of Minnesota he labored long and earnestly in the interest of that great seat of learning. Judge Atwater has occupied many high positions with credit to himself and satisfaction to the community. At the birth of the city he fortunately consented to serve as one of its aldermen. His wise course in the council tended to shape the course of those aldermen who followed him in the adoption of wholesome ordinances for the city government. He was one of the founders of our fine system of grade schools. His good works are all around us, and he is still vigorous and useful."
---------------------
Marriage date provided by Shevlin McCann


Sponsored by Ancestry

Advertisement