Norton Parker Chipman Prospectus

Norton Parker Chipman: Union Officer, Lincoln Aide, California Judge

Justice Norton Parker Chipman, presided over the Third District Court of Appeal in California for 16 years, the first presiding justice of the court. Appointed by the governor of California in 1905, Chipman was 71 years old and brought to the court not just a bright judicial intellect but also a lifetime filled with patriotic service to his country and his adopted state of California. His life had a Forrest Gump-like character, as he took part in many of the most important events of his day, indeed, of our era. As the California Court of Appeal celebrates its centennial this year, new interest has developed within the California judiciary concerning the life of this remarkable man. This interest has spread beyond the judiciary to other state and local officials and others as events are being planned for the centennial commemoration. An exhibit is being prepared for the California State Fair, with Chipman featured prominently. A statewide high school moot court competition is being organized, to become an annual event, named after Chipman. To date, no literary work has told Chipman’s story. Considering the current and continuing interest in him, a biography is appropriate and timely.

Summary of Chipman’s Life

A descendant of Mayflower pilgrims, Chipman was born in Ohio in 1834. His family moved to Iowa, and he attended school where the schoolmaster was strongly abolitionist. He studied law, first in his Iowa hometown, and then at the Cincinnati Law School, where he graduated in 1859. While Chipman was in law school, the United States Supreme Court decided the Dred Scott case, in which the court held that the ownership of slaves was a matter of property rights and the area comprising the Louisiana Purchase could not constitutionally deprive slave owners of those rights. Before Chipman reached voting age, he noticed the emergence of the Republican Party and expressed his agreement with its platform. He followed closely the Lincoln-Douglas debates in 1858 in neighboring Illinois and was deeply impressed by Lincoln’s speeches throughout what was then the Northwest. The logic and reason of Lincoln’s position on slavery, that is was immoral and contrary to the founding documents of the United States, struck a cord with young Chipman. He was also influenced by other aspects of Lincoln’s speeches and persona, including Lincoln’s 1859 speech at the Wisconsin State Fair, in which Lincoln extolled the values of country fairs and the importance of applying knowledge and technology to agricultural problems. In 1860, Chipman attended the Republican National Convention in Chicago, where Lincoln was nominated over Seward, Cameron, Bates, and Chase.

Chipman’s life changed dramatically, in 1861, after Lincoln’s inauguration and the outbreak of the Civil War with the attack on Fort Sumter. He immediately volunteered for service and, because of his professional training, was made an officer. After almost a year of noncombat duty in Missouri and Kentucky, during which time the war had not been going well for the Union, Chipman’s regiment was sent to reinforce General Grant’s troops at Fort Donelson. The regiment had only been there a day when it was ordered to lead a bayonet charge up the hill. Leading the charge, Chipman was hit in the thigh in the shower of enemy fire. He went down but refused to be carried off the battlefield, instead shouting encouragement to his regiment. General Grant’s forces captured Fort Donelson, and Chipman’s regiment was honored for its important part.

While convalescing, Chipman was promoted to colonel. He returned briefly to his regiment during the siege of Corinth, but was soon placed on General Henry Halleck’s staff as an aide de camp. Not long after that, he served as General Samuel Curtis’s chief of staff. Secretary of War Edwin Stanton noticed the abilities of the young officer and assigned him to the War Department in Washington, D.C., early in 1863. For the remainder of the war, Chipman saw firsthand how Lincoln, who spent many days and nights in the War Department telegraph office reading and responding to messages from the field, prosecuted the Civil War. Lincoln also noticed Chipman’s loyalty and capable service as an aide and rewarded Chipman with assignments to take important communications to generals in the field, assignments that caused Chipman great danger at times. Chipman accompanied Lincoln to Gettysburg for the dedication of the cemetery.

After the close of the war and the assassination of the president, Andrew Johnson offered Chipman the job as his private secretary, but Chipman declined. He did not think highly of Johnson, but gave as his reason that he wanted to return to the practice of law. Before leaving military service, Chipman prosecuted Henry Wirz, the commander of the infamous Andersonville Prison, where thousands of Union soldiers died. The only Confederate officer convicted of war crimes, Wirz was executed. The Andersonville trial was the subject of much debate, involving Jefferson Davis prominently. Chipman wrote a book, The Tragedy of Andersonville, recounting the evidence presented at the trial and refuting Davis’s arguments. In the 1960s, the Andersonville Trial was the subject of a Broadway play, starring a young George C. Scott as Chipman. In 1970, Scott directed a movie starring William Shatner, also as Chipman.

Chipman was brevetted as a brigadier general before being mustered out of military service. He opened a law practice in the District of Columbia and eventually assisted in the prosecution of Johnson’s impeachment trial. Chipman also developed a friendship with Thomas Nast, the famous Harper’s Weekly political cartoonist. The day of the final Senate vote on Johnson’s impeachment, Nast drew a cartoon depicting Johnson’s conviction and fall from the presidency. Because the vote fell short, Nast did not publish the cartoon; instead, he gave it to Chipman.

The veterans of the Civil War formed the Grand Army of the Republic, with Chipman as one of its founders. In his capacity as adjutant-general, he wrote the order creating Memorial Day and organized some of the first Memorial Day festivities. President Grant appointed Chipman as secretary of the District of Columbia, until the form of government changed. Chipman was then elected as the district’s delegate to Congress, serving two terms. For years, the Washington Monument stood only partially finished. Chipman led the fight to obtain funding and finish the memorial. As the elected representative at the seat of national government, Chipman and his wife were prominent socially. They entertained some of the most prestigious people of the day. Chipman was particularly close to President Grant and campaigned on his behalf when Grant ran for reelection.

In 1875, Chipman moved to California, laid claim to more land than was owned by any other Californian, and opened the largest lumber company of his day, the Sierra Flume and Lumber Company. The company thrived at first, applying the latest advances in communications and technology. But when a financial panic spread to California from the East coast, the market for lumber collapsed and Chipman declared bankruptcy. He remained in California, devoted to the state, and opened a law practice. He became president of the State Board of Trade, precursor to the Chamber of Commerce, and worked for twenty years to promote the interests of California. He extolled the importance of country fairs and agriculture, and advocated the use of technology to increase yields.

The work of the California Supreme Court became unmanageable as the only appellate court in the state, so the legislature, in 1885, authorized the court to form a commission to help decide cases. Chipman served as a commissioner from 1897 until 1905,when a constitutional amendment allowed the creation of the Court of Appeal. Governor Pardee desired to give the new appellate courts instant credibility and respectability and succeeded in doing so by appointing prominent Californians to preside over the districts of the court. Chipman presided over the Third District in Sacramento, winning two contested, partisan elections to retain the seat. In demand as a speaker, especially to recount his knowledge of Lincoln, Chipman enjoyed statewide prestige. His opinions reflected his extraordinary experiences. He resigned from the court in 1921, because of ill health, and passed away in 1924.

Themes and Illustrations

One of the themes of the book will be Chipman’s influence on today’s way of life -- his participation in the fight to preserve the Union, his contributions in the nation’s capital, the effect he had on California agriculture, and his leadership in the California judiciary. Another theme will be the influence Lincoln had on Chipman as a leader, patriot, promoter of agriculture, and moral person. To a lesser extent, Grant also influenced Chipman’s life, and that will be explored also.

Several portraits are available from the various phases of Chipman’s life, including a Matthew Brady portrait of Chipman in his Civil War uniform. An illustration of the Battle of Fort Donelson by Kurz and Allison gives a feel for the battle, even if it does not accurately reflect the scope or true terrain of the conflict. Thomas Nast gave to Chipman the cartoon Nast drew depicting the impeachment conviction of Johnson, which never happened. Many photographs and drawings of the lumber industry, including the innovative flumes used by Chipman’s company are available in the California State Library. A history written in the 1880’s contains drawings of Chipman’s homes, with elaborate gardens. And the court and library maintain photographs of the Court of Appeal and its chambers in the state capitol during Chipman’s tenure. Chipman willed to the state an original painting by Emmanuel Leutze, Fort Sumter After the Bombardment, which is on display in the state capitol. These are all possible illustrations for the book.

Sources

The primary sources associated directly with Chipman have never before been studied closely or used for historical purposes. He left a collection of papers to the California State Library, and they are still available there. These papers include many letters written to Chipman, contemporary newspaper accounts of the events in which Chipman participated, and speeches Chipman made, mostly in California. Chipman did not write memoirs and rarely spoke or wrote of himself or his family, so much of what is known about him comes from accounts of his activities, his involvement in important events, and his speeches, writings, and opinions. For his early life and his Civil War involvement, local, regimental, and military records provide insight into his life and his times, as well as identifying him personally in many instances. His time in Washington is more fully documented. Books have been written on Andersonville Prison and the trial. The congressional record reflects Chipman’s priorities, speeches, and accomplishments while representing the District of Columbia. A county history and other historical studies cover Chipman’s involvement in the lumber industry, and publications of the late 1800’s include numerous Chipman articles and essays promoting California and its agriculture. A valuable resource on Lincoln is a speech Chipman gave to the Cherry Tree Club in 1906. Official state records reflect Chipman’s California elections and related pursuits. Finally, all of Chipman’s published opinions in 24 years as a Supreme Court commissioner and as presiding justice of the Court of Appeal are preserved in the courts’ official reports.

Concerning Lincoln, Grant, Civil War generals and battles, the War Department, Congress, Washington, D.C., and California history, generally, much valuable research, analysis, and writing is available. The book will take advantage of these secondary sources and analyses to provide historical perspective for Chipman’s life.

Reviewers Already Contacted

Two experts in the fields to be touched on in the book have already consented to review the manuscript when it is ready. Chief Justice Frank J. Williams of the Rhode Island Supreme Court, member of the Abraham Lincoln Bicentennial Commission and author of Judging Lincoln, will review the manuscript with an eye to the portrayal of Lincoln and his influence. Judging Lincoln is a collection of essays on Lincoln’s character, influence at home and abroad, leadership abilities, and legacy. Dr. Kevin Starr, former California State Librarian and current professor of history at the University of Southern California, wrote the acclaimed six-volume series, Americans and the California Dream. He has consented to review the manuscript with his perspective as an expert on California history.

Marketing Opportunities

A Chipman biography presents several marketing opportunities. As the bicentennial of Abraham Lincoln’s birth approaches there will be a natural surge in interest about him and his era. Chipman had a close-up view of Lincoln during the critical war years, so the book will be of interest to those who wish to know Lincoln better. The Civil War is always a fertile subject for the numerous enthusiasts of that cataclysmic struggle. The book will provide new insights into several aspects of the Civil War: the response to Lincoln’s call for volunteers, the important Union victory at Fort Donelson, the relationships between the generals Chipman served closely and the Lincoln administration, the workings of the War Department in the last two years of the war, the Andersonville trial, and the aftermath of the war in Washington, D.C. Chipman’s close association with and promotion of California agriculture affords a chance for those interested in this aspect of California history and those involved in modern-day fairs and agricultural promotion. His presidency of the State Board of Trade, the precursor to the state Chamber of Commerce, will open up marketing opportunities within the latter organization.

Members of the California judiciary, in particular, and members of the California bar, in general, will find much of interest in this book. While the book may not be available until after this centennial year of the Court of Appeal, the festivities and educational activities associated with that centennial will prompt heightened interest in the history of the judiciary and Chipman’s life. As noted, current efforts to use his name in connection with California activities, such as establishment of a statewide Norton Parker Chipman High School Moot Court competition, will provide a ready market for the book. There is a paucity of scholarship on the history of the California judiciary, so a Chipman biography will find that vacuum.