He married Nancy Patrick in December, 1816; one son was drowned in a sailing accident on Lake Champlain in September, 1846. None of his descendants, if any are now alive, reside in the State. He obtained an extensive practice in Chittenden and the adjoining counties, and took high rank as a practitioner, especially in the Supreme Court. In 1827 he was elected a member of the Governor's Council, and so continued until his election to the judgeship in October, 1830. He gave promise of great usefulness as a judge, but in June following his election, while on his way to Montpelier, was taken ill in the stage coach and died in a few days. His term of service was short, and but one opinion of his was reported, Crofoot v. Moore, 4 Vt. 204. He was with the court in its winter circuit, and the other cases assigned to him were reported after his death by Hutchinson, C. J. At a great demonstration in Burlington, July 4, 1828, he delivered an oration which shows not only his partisanship, but his power and logic in dealing with the exciting political questions then being agitated. He succeeded Judge Prentiss and was followed by Judge Phelps, who was elected at the legislative session in October, 1831. Nicholas Baylies, a native of Uxbridge, Mass., remained at home upon the farm until about nineteen years of age, when he fitted for college, graduating at Dart mouth in 1794. He then studied law a part of the time with Charles Marsh at Wood stock, with whom he afterwards became partner. He removed to Montpelier in 18 10 and remained there until 1836, when he located in Lyndon, and resided there until the time of his death. He published a digested index of the common law reports, both English and American. The work was no doubt of some value at that time, but is now practically useless. He was quite active and in
strumental in initiating the Vermont State Library as well as the reports of the Su preme Court. He was a man of great industry and labor, and learned in the law of the reports. He was elected judge when sixty-three years of age, served but two years, and was succeeded by John Mattocks. Samuel S. Phelps was a native of Litch field, Conn., and a student at its great law school. He came to Vermont, studied law in the office of Horatio Seymour, afterwards United States senator, and was admitted to the Bar about 181 5. He began practice, coming in contact, through his early pro fessional life, with such men as the Chipmans, Horatio Seymour, David Edmond, Samuel Prentiss, Charles K. Williams and others. Before he reached the Bench, he was not only a leading but the foremost advocate in southwestern Vermont, and a master of legal principles by long practice in their practical application. He was a man of fine figure and presence, of military bearing, with fine style in manner of expression and of such a physical char acter and striking appearance that he would, in any place or any assemblage of men, immediately command attention and admira tion. He was tall, erect, finely moulded and well proportioned, with an easy, graceful and dignified carriage. His temper was some what mercurial, and under sudden provoca tion he was hasty and irascible, but those who knew him best understood that these were mere mannerisms; of an exquisitely sensitive nature, essentially gentle and re fined. He was never a case lawyer, but an absolute master of the fundamental prin ciples of the common law. He had great power of analysis and generalization, in that respect was unsurpassed. No question was new to him, or rather he never invoked a new legal principle to settle a question springing out of new conditions. He would unravel apparently complicated cases, which
