Tuesday, March 17, 2020

The students of the Radical University: Charles J. Babbitt

Charles Jacob Babbitt (b. March 28, 1856; d. April 4, 1913)
Rhode Island.  White.
Occupation: lawyer.  
Father's occupation: clergyman, professor.


Charles Babbitt
From The Babbitt family history

Charles Babbitt was born in 1856 in Providence, RI to Mary Elizabeth Babbitt and Benjamin Bosworth Babbitt. The Babbitts are an old New England family that can trace its history to the Plymouth Colony.  The family served with distinction during the US Civil War. Charles' grandfather Jacob enlisted in the army when the war broke out and was killed in the Battle of Fredericksburg while serving as a major in the 7th Rhode Island Regiment.  His uncle Samuel D. Green served in the US Navy and commanded the USS Monitor at the Battle of Hampton Roads.

Charles' father Benjamin was an ordained Episcopal minister who was educated at Brown University (B.A. 1846) and Trinity College (A.M. 1868).  When Charles was four year old (in 1860), Benjamin moved the family to Andover, MA and became rector at Christ's Church.  The family left Andover in 1868.  The father began working at St. Clement's School for Boys in East Medway, MA.  It seems that Charles, his brother Edward, and his mother Mary did not join him but instead moved to Bristol, RI as they appear living there in the 1870 U.S. Census. There Charles attended Bristol High School.

The entire Babbitt family moved to South Carolina in 1871.  The father Benjamin worked for the Episcopal church and became a professor at the University of South Carolina. 

In Columbia, Charles attended the Columbia Male Academy. However, he appears to only have attended the academy for a short period as he had matriculated in the University of South Carolina by fall 1871. Charles and his brother Edward were among the few students to remain at the university after the October 3, 1873 admission of African American students.  (The others were Charles W. Cummings, Francis A. Cummings, and Olin F. Cummings, all children of Professor Cummings.)

Charles received a Ph.B. from the University of South Carolina in 1875 and a LL.B. in 1876.  The next year (1877) he was admitted to the South Carolina bar.  (At the time, the university offered two different undergraduate degrees: an A.B. for students who completed coursework with a focus on classical studies and a Ph.B. for students who completed coursework with a focus on modern languages.) 

In 1874, Charles began serving as assistant private secretary to Republican Governor H. Chamberlain. He was promoted full private secretary in 1876. That year was a difficult one for Chamberlain. Chamberlain ran for reelection and claimed victory, but his claim was challenged his Democratic opponent Wade Hampton III.  The dispute went on for 6 month and escalated to the point where violence threatened to break out on the Statehouse grounds.  Chamberlain finally withdrew his claim to the governorship on April 10, 1877 after U.S. army troops guarding the Statehouse were withdrawn by order of the President.  The next day (April 11, 1877) Charles turned over the State seal and keys to the Executive chamber to Hampton's secretary, bringing an end to the Reconstruction government in South Carolina.

After Reconstruction, Charles remained in South Carolina and worked a lawyer. He was admitted to the state bar on December 12, 1878. He then began working as attorney at law for the office of Melton & Wingate.  Charles left the state for New York City the next year (in summer 1879). He was admitted to the New York State bar on March 27, 1882. He then resumed his work as a lawyer. Charles was admitted to practice in the U.S. Supreme Court on three years later, on November 9, 1885. Charles moved to Boston in 1908. There he resumed his law work after being admitted to the Massachusetts bar on September 25, 1908.

One of the most interesting legal cases Charles was involved with was that of the inheritance of James H. Paine, known as "Miser" Paine.  Paine was a well-educated New York City music critic from an established Boston family. He was also widely regarded as an eccentric miser.  One newspaper reported that "His uncouth habits and neglect of personal appearance caused him to be shunned by most respectable people" and that "he went about in rags and begged the leavings of the table." 

Upon Paine's death in 1885, it was revealed Paine had almost $400,000 (over $10 million in 2020) in financial assets stored in an old safe.  A piano dealer that was on good terms with Paine claimed that Paine had made a will giving him the assets in recognition of the kindness he had shown him and also because Paine did not want his relatives to have any of the money.  His claim was challenged by the next of kin.

Charles provided legal counsel for the piano dealer.  Legal proceedings dragged out for years.  Ultimately, the piano dealer was unable to produce a will.  In 1888 (after the piano dealer had died), Paine's assets were divided among the next of kin.

Charles did a significant amount of legal scholarship, especially as the law relates to motor vehicles.  In 1909, he published The New Massachusetts Motor Vehicle Law, a book which collected recent state laws concerning motor vehicles. The next year (in 1912), he published The Law Applied to Motor Vehicles which presents a more expansive treatment of motor vehicle law. A year later, he prepared a list of legislative sessions and session laws for the U.S. states as The Hand-List of Legislative Sessions and Session Laws, and published the article "Stumbling Blocks and Pitfalls in Session Laws" discussing his experiences preparing the book.

Charles may have remained in contact with his former classmate Charles Roome Parmelee. The two participated in a 1889 parade in Washington D.C. organized by the Templar Knights of the U.S.

Charles died on April 4, 1913 in his home on Huntington Avenue.  He was buried in the North Burial Ground in Bristol, RI.

Sources:
1). Browne, William Bradford, The Babbitt family history, 1643-1900.  Taunton, Mass. : C. A. Hack, 1912.

2). Columbia City Directories, 1859, 1875-1903. Richland County Public Library, Columbia, South Carolina

3). The Boston Globe; Publication Date: April 5, 1913.

4). The Pickens Sentinel;  Publication Date: April 19, 1877.

5) "Lawyer and Author of Law Books Succumbs at Huntington-av Home." Boston Globe, August 5, 1913. 0. 10. 

6) "A Grand Parade." Boston Globe, October 8, 1889. p. 7. 

7) "Miser Paine's Money." The Fall Daily Herald, January 2, 1888. p. 2. 

8) "Columbia Male Academy Reunion Now Proposed." The State, May 2, 1926. p. 15.

9) "Charles J. Babbitt Died." Boston Evening Transcript [Boston, MA]. April 4, 1913. p. 10.

9) "Charles J. Babbitt Dead." Boston Globe [Boston, MA]. April 5, 1913. p. 10.

8) look up politics

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