William Maxwell Evarts

This week’s prompt for 52 Ancestors in 52 Weeks is ‘In the Census’. This prompt stumped me for quite a while, because I wasn’t sure how to interpret it. I consider the information I find in census records as a starting point for me to do further research. The information that can be gleaned from these records are:

  • the person’s name,
  • age,
  • gender,
  • marital status,
  • place of birth,
  • religion,
  • racial origin,
  • occupation, and
  • community of residence.

Over the years the questions in a census form have changed and they might also capture:

  • the position the person holds in the household,
  • the street address of the home,
  • the type of building they are living in and the number of rooms in the building,
  • whether their home is owned or rented,
  • the value of the home or the cost of rent,
  • whether the person can read or write and the language they speak,
  • the year of immigration, if they were not born in the country of the census, and if they naturalized to the country the year this occurred,
  • whether they have life insurance and, if so, the amount of insurance and the cost of it,
  • the number of months in the previous year they were employed and the amount they earned in wages,
  • the highest level of education they have achieved, and
  • if they are attending school, the number of months in the past year they attended.

The reasons I feel the census record is only a starting point in my research for an individual is because most documents are filled out by an enumerator and you don’t know who is providing the answers to the questions – it could be the actual person, a spouse, a child, an in-law, an employer or a landlord. Therefore, the information cannot be considered 100% accurate but only a reference. It is the other documents/records you look for to support your findings in a census that leads to more confidence regarding the information you accumulate about an individual.

With this in mind, the person I choose this week is William Maxwell Evarts. He is my husband’s 5th cousin, 3 times removed. The first United States Federal Census I found that records William is the 1860 census. It records William M Evarts as a 42 year old male who is living in New York, New York in Ward 18, District 2. It states he is a Lawyer and was born in Massachusetts. His Real Estate is valued at $3,000 and his Personal Estate is $2,000. The other people listed as living in the same dwelling are:

  • Helen M Evarts, a 39 year old female born in Vermont,
  • Charles B Evarts, a 15 year old male born in New York and attending school,
  • Allen W Evarts, an 11 year old male born in New York and attending school,
  • William Evarts, a 9 year old male born in New York and attending school,
  • Hettie S Evarts, a 7 year old female born in New York,
  • Mary Evarts, a 5 year old female born in Vermont,
  • Helen M Evarts, a 4 year old female born in New York,
  • Elizabeth Evarts, a 2 year old female born in New York,
  • Sherman Evarts, an 8 month old male born in New York;
  • Prescott Evarts, an 8 month old male born in New York.

This record does not indicate how these people are related to William, or if they are related at all. It is through the discovery of other records I am able to determine the 39 year old Helen is his wife and the children are his sons and daughters. Also, listed as living in this house is Rachael Brown, a cook; Rachael A Coombs, domestic help; Daniel King, a waiter; Susan Brown, a nurse; and Jane Dunn, a nurse. From this census information I can assume this family is well off and may be a prominent family in New York society. This led to more research and the life of William Maxwell Evarts.

The Evarts’ ancestors came to the USA from England between 1601 and 1637. The Evarts took part in the American Revolution with brothers and cousins choosing opposing sides. Those that chose to fight for Britain left the USA for Canada and are part of the United Empire Loyalists. My husband is descended from Sylvanus Evarts, who fought for Britain and became a United Empire Loyalist. Those that chose to fight for the USA stayed in the USA and many descendants became prominent in their chosen fields of occupation. William Maxwell Evarts is descended from a branch that fought for the USA.

William Maxwell Evart’s father was Jeremiah F Evarts. According to Wikipedia, Jeremiah was a lawyer, Christian missionary, reformer and activist for the rights of American Indians in the USA and a leading opponent of the Indian removal policy of the United States government. He was also an editor of The Panoplist, a religious monthly magazine from 1805 until 1820, where he published over 200 essays under the pen name William Penn.

William’s maternal grandfather was the Honorable Roger Sherman. According to Wikipedia, Roger was an early American lawyer and politician, as well as a founding father. He was never formally educated as a lawyer. In fact, his education is stated as never extending beyond his father’s library and grammar school. He was considered to have had an aptitude for learning. His early career was spent as a shoe-maker and store owner. Apparently, due to his mathematical skill he became county surveyor of New Haven County in 1745 and began providing astronomical calculations for almanacs in 1759. He served as the first mayor of New Haven, Connecticut and served on the Committee of Five that drafted the Declaration of Independence, and was also a representative and senator in the new republic. He was the only person to sign all four great state papers of the US: the Continental Association, the Declaration of Independence, the Articles of Confederation and the Constitution. It is because of Roger Sherman the United States government has two legislative bodies. It was his idea to create both the House and the Senate in order to resolve conflict between the big and small states.

William Maxwell Evarts

William Maxwell Evarts was born 06 February 1818 in Boston, Middlesex, Massachusetts, USA to Jeremiah Evarts and Mehetabel Prescott Sherman. He was the youngest of five children, he had three sisters and one brother.

William grew up in Massachusetts and attended the Boston Latin School and then Yale College. He graduated third in his class with a Bachelor of Arts from Yale in 1837. While attending Yale he became a member of two secret societies; the literary and debate oriented Linonian Society and Skull and Bones. William was, also, one of the founders of Yale Literary Magazine in 1836.

After college William moved to Windsor, Vermont and taught school. He then attended Harvard Law School. After graduating with his law degree he moved to New York City where he was admitted to the bar in 1841, of which he was a founding member. He entered the law office of Daniel Lord.

In 1849, William was appointed the assistant United States attorney for the district of New York which he served until 1853. In1851 he was made a commissioner of the Almshouse (later known as the Commissioners of Charity and Correction).

In 1851, William began a law partnership with Charles F. Southmayd. It was named Butler, Evarts & Southmayd and later Evarts, Southmayd & Choate.

In 1856, the New York legislature appointed William to the position of New York Attorney General. In this position he argued to uphold the decision of the New York Superior Court to release eight black slaves in the Lemmon Slave Case. The Appellate Division affirmed the ruling and Virginia appealed. William Evarts represented the state in the New York Court of Appeals and won.

Arguments and Speeches of William Maxwell Evarts is a 3 volume set authored by his son Sherman Evarts. It was published in 1919.

William gained a reputation as intelligent and well prepared for arguments and a great orator in the courtroom. It wasn’t long before he was considered one of the country’s top lawyers. It didn’t take long before many prominent citizens hired William to represent them and he was entrusted with many large estates, including the Astors.

He served on New York’s Union Defense Committee during the Civil War and was a delegate to the New York state constitutional convention of 1867.

In 1868, William was chief counsel for President Andrew Johnson during his impeachment trial. He delivered the closing argument and achieved President Johnson’s acquittal. This lead to his appointment as United States Attorney General from July 1868 until March 1869.

In 1872, he was counsel for the United States before the tribunal of arbitration on the Alabama claims in Geneva, Switzerland. His oral argument helped the United States recover on its claims for the destruction of Union military ships, commercial ships and commercial cargo by the CSS Alabama and other Confederate ships which had been built in and sailed from British ports during the American Civil War.

William served as counsel for President-elect Rutherford B. Hayes before the Electoral Commission and during President Hayes’ administration he served as Secretary of State. While in this position he acted upon reports of corruption in the foreign service and ‘cleaned house’ prior to the 1880 election.

In 1881, William was a delegate to the International Monetary Conference in Paris.

From 1885 to 1891, William served one term as US Senator from New York. During this time, he served as chairman of the US Senate Committee on the Library and was a sponsor of the Judiciary Act of 1891 (known as the Evarts Act) which created the United States courts of appeals.

William Evarts led the American fund-raising effort for the Statue of Liberty pedestal and was the chairman of the American Committee for the statue. He spoke at the unveiling on 28 October 1886.

William retired from public life in 1891 due to ill health. He died 28 February 1901 in New York City and was buried at Ascutney Cemetery in Windsor, Vermont.

William Maxwell Evert’s Gravestone

William married Helen Minerva Bingham Wardner 30 August 1843 at St. Paul’s Church in Windsor, Vermont. They had 12 children between 1845 and 1862; Charles Butler, Roger Sherman, Allen Wardner, William, Hettie Sherman, Mary, Helen Minerva, Elizabeth Hoar, Prescott, Sherman, Louisa Wardner and Maxwell. The family split their time between the high society circles of New York City and Windsor, Vermont. The New York Times reported on debutante balls and social gatherings involving many of the children, as well as, their time in Vermont.

Evarts Home located at 26 Main Street, Windsor, Vermont was built in 1815 by John P Skinner who was the owner of a busy stage line. William Maxwell Evarts purchased the Skinner home for $5,000 in the 1820s. It became part of a three-home residential compound of the Evarts family that grew over the years to include a number of homes and over a thousand acres-sometimes referred to as Evarts Estate. It also began almost two hundred years of ownership of the property by the Evarts family line. (taken from the Snapdragon Inn website – http://www.snapdragoninn.com/history/)

William’s son, Allen Wardner Evarts graduated from Yale College in 1869. He supported the founding of Wolf’s Head Society and served as the first president of its alumni association. He held the position for 20 years. He was also a law partner, corporate president and trustee of Vassar College.

William’s son, Maxwell Evarts graduated from Yale College in 1884, where he was also a member of Skull and Bones. He served as a New York City district attorney and later as General Counsel for EH Harriman, which later became the Union Pacific Railroad. He was president of two Windsor, Vermont banks and the chief financial backer of the Gridley Automatic Lathe. Maxwell served as a member of the Vermont House of Representatives as was a Vermont State Fair Commissioner.

William’s grandson, Maxwell E Perkins became the noted editor of Charles Scribner’s Sons, and dealt with authors, such as, F Scott Fitzgerald, Ernest Hemingway, Thomas Wolfe, Marjorie Kinnan Rawlings and James Jones.

William’s great-grandson, Archibald Cox, served as a US Solicitor General and special prosecutor during President Richard Nixon’s Watergate scandal.

William Maxwell Evarts was well off and prominent in New York society. He was influential in the laws and government of the United States.  He was respected by the people he met and worked with over his lifetime. His family continues to be influential in various aspects of the United States society.