Abbott, Josiah Gardner, who traces his lineage back to the first settlers of this Commonwealth, was born in Chelmsford, Middlesex county, November 1, 1815.
He is the second son of Caleb and Mercy (Fletcher) Abbott, descendants from the Puritan George Abbott, who came from Yorkshire, England, in 1630, and settled in Andover, and William Fletcher, who came from Devonshire, England, in 1640, and settled first in Concord, and finally, in 1651, in Chelmsford.
After his foundation studies he was fitted for college under the instruction of Ralph Waldo Emerson. He entered Harvard at the early age of twelve, and was graduated in the class of 1832. After taking his degree, he studied law with Nathaniel Wright, of Lowell, and was admitted to the bar in 1837. In 1840 he formed a partnership with Samuel Brown, which terminated when he was appointed to the bench in 1855.
In 1838 Judge Abbott was married to Caroline, daughter of the Hon. Edward St. Loe and Sarah Crease (Stackpole) Livermore, of New Hampshire. Mr. Livermore was judge of the supreme court of New Hampshire and afterwards member of Congress from Massachusetts. Their children are: Caroline Mercy, Edward Gardner, Henry Livermore, Fletcher Morton, William Stackpole, Samuel Appleton Browne, Sarah Livermore, Franklin Pierce, Arthur St. Loe Livermore, Grafton St. Loe, and Holker Welch Abbott. The first, Brevet-Major Edward G. Abbott, a graduate of Harvard of 1860, raised one of the first
Josiah G. Abbott.
companies sworn into the volunteer service, and joined the 2d Massachusetts regiment. He was killed at the battle of Cedar Mountain. Brevet-Gen. Henry L. Abbott, a graduate of Harvard of 1860, entered the 20th Massachusetts regiment as lieutenant. He was killed in the battle of the Wilderness. Capt. Fletcher M. Abbott entered the 2d Massachusetts regiment as second lieutenant, and served through the war. After the war he took a degree of M. D. from Harvard. Of these children six are living: Fletcher Morton, Samuel, a graduate of Harvard, Sarah, Franklin, a graduate of Harvard law school, Grafton, a graduate of Harvard, and Holker.
Judge Abbott had just reached his majority when he was chosen as representative to the Legislature. In 1841 he was elected state senator. During his first term in the Senate he served as member of the railroad and judiciary committees, and in his second term was chairman of the same.
He is a Democrat, and has always been an acknowledged leader in his party. In 1844 he was a delegate to the national Democratic convention at Baltimore, which nominated James K. Polk , and he has been a delegate, either from his district or the State at large, to all but two of the national Democratic conventions since, and been chosen chairman of the delegation for the seven last conventions. He has several times been chosen the candidate of his party for United States senator.
Judge Abbott was on the staff of Gov. Marcus Morton. In 1853 he was a delegate to the Constitutional Convention, which consisted so largely of men of exceptional ability. Upon his retirement from the bench, having won an enviable reputation for judicial fairness and legal acumen, he removed to Boston, where he has since resided. In 1874 he was elected member of Congress from the 4th congressional district. He was chosen by his colleagues member of the Electoral Commission to determine the controverted result of the presidential election in 1876. The honor paid him was fully justified by the courage and ability shown in that trying position.
From his entrance into professional life, Judge Abbott has taken and held a leading position, having probably tried as many cases as any member of the bar now living. He has great capacity for labor, and immense power of application—most important qualities in the conducting of long and sharply contested jury trials.