Sacramento County

Biographies


 

ABRAHAM CLARK FREEMAN

 

ABRAHAM CLARK FREEMAN.–In the long line of distinguished California jurists, some of them native sons of the great golden State, and many more the worthy representatives of older commonwealths than those on the Pacific, it is doubtful if any bid fair to attain a more certain immortality than the highly esteemed and beloved Abraham Clark Freeman, whose most fruitful and useful life was eventually rounded out at the apex of indisputable success. He was a gentleman, a scholar and a patriot, who sought by the improvement of each golden moment to add something of value to life, and earnestly strove to hasten the day when the state of his early adoption should rise to its rightful place in the galaxy of the nation’s commonwealths.

He was born at Warsaw, Hancock County, or not far from that town, on May 15, 1843. He went to the local public school, and early manifested a love for study. Despite the limitations imposed by the time, and the geographical location of his home, he fitted himself for teaching, and when only seventeen or eighteen years of age took charge of a school in the district next adjoining the one in which he himself had been reared. He was an only child of Obediah S. and Nancy (Clark) Freeman. His grandfather, Abraham Clark, served in the Revolutionary War; and his great-grandfather Clark, also named Abraham, was one of the signers of the Declaration of Independence.

When his father decided to migrate to the Pacific Coast, Abraham Clark Freeman agreed to accompany him. In April, 1861, therefore, he set out with his parents to cross the great Plains; and after a trip of five months, they arrived in California, and settled at Elk Grove. A month later, Abraham began an engagement for the winter of 1861-1862, to teach a district school in San Joaquin County. About that time he had the novel experience of a trip to Sacramento during the flood. Although he did not particularly relish the work of the pedagogue, he stuck to his task, then of particular appeal because of the formative state of society here, until July, 1862. Returning to his father’s farm, he remained there until September 6, 1863; and it having been decided that he should abandon teaching and take up the study of law, he then went into the capital city, found a lodging place, and began work in the office of the Hon. M. M. Estee, then district attorney of Sacramento. In July, 1864, only nine months after he had entered Mr. Estee’s office, he was admitted to the bar, on examination by the Supreme Court of California; and that coveted honor was conferred upon him six weeks after he had attained his majority. He remained in the district attorney’s office for the remaining two years of Mr. Estee’s term, and also during the four years’ incumbency of his successor, James C. Goods. With the expiration of Mr. Goods’ tenure of the office, Mr. Freeman’s official duties were also terminated, in March, 1870. Before this connection with the district attorney’s office was severed, Mr. Freeman had formed a partnership with the Hon. Thomas J. Clunie, and later, in 1872, he was associated with the Hon. J. K. Alexander, afterwards a judge of the Superior Court of California; and also, in 1879, with G. E. Bates, with whom he removed to San Francisco, in 1886.

Although a man of frail constitution, Mr. Freeman managed to maintain good health, and to cultivate a sound mind in a sound body. He was no mere theorist, but was eminently practical, and possessed of undisputed ability and skill in the trial of cases, as well as in their presentation and argument; and he was very naturally laid hold of for other service than that to which, with a becoming modesty, he had aspired. He was a member of the constitutional convention of 1878-1879, and in the latter year was appointed by the governor a commissioner to suggest amendments to the codes, and to adapt them to the new constitution. Later he was appointed by Governor Gage a member of the code commission, his associates being Judge D. Enis of Los Angeles and Judge Van Vleet of Sacramento.

While still an obscure, struggling lawyer, in 1873, he attained more than a local reputation as a legal author by one of his greatest works, "A Treatise on the Law of Judgments," now popularly known as "Freeman on Judgments," which enjoyed an immediate fame and is doubly interesting today because it was the first treatise of national scope written or published in California. Its recognition and success, in fact, were unprecedented; for surprise at the fact that a law treatise should be written and published in the extreme West grew to astonishment as the high character of the work came to be understood. As in all of his writings, remarkable for a vigorous condensation, Mr. Freeman’s style was crisp and incisive. He was able to state the most complex doctrine in a few words and yet clearly; and the "American Law Review" said of the "Treatise on Judgments": "It seems impossible for a young lawyer to have composed so good a book, in so good a manner; yet it seems also impossible that, if old in law, so able a lawyer should not long since have become familiar to the profession everywhere, and we confess to a painful doubt lest he torn out to be some eminent barrister, whom not to know is only to confess our own ignorance." It is no wonder, therefore, that the discovery of a new work displaying such learning and grasp of mind, produced by a man virtually unknown outside of his home town, and little known there, should come as a surprise to veterans of the Bar. This was a mystery which excited curiosity even in the Supreme Court of the United States; and for years Mr. Freeman had in his office a framed clipping wherein one of the Supreme Justices was quoted as expressing his positive conviction that Abraham Clark was a nom de plume assumed for some unknown reason by a lawyer of great reputation, but who, for some reason or other, was not yet ready to be known as the author of the work on "Judgments." This monumental work, "Freeman on Judgments," has gone through four or five editions, and holds the field without a rival as the authority on the subject of which it treats.

Encouraged by the prompt and complete recognition by the legal journalists, Mr. Freeman began at once to cast about for another unoccupied field; and a year later he had finished for the press his treatise on "Cotenancy and Partition," perhaps the most intricate and perplexing theme in law. By many this work is regarded as his masterpiece. Challenging at the outset the definitions of Littleton, Blackstone, Kent, Preston and others, and showing wherein they were incomplete or incorrect, by careful comparison, revision, elimination and modification he formulated his own definitions, which are remarkably clear, simple and complete. In 1876, his next work, "On the Law of Executions in Civil Cases," was published, a kind of Centennial contribution by California scholarship to the celebration of the first 100 years of the American nation; and this was followed later by a work on "Void Executions, Judicial and Probate Sales."

In 1879, at the death of Mr. Proffett, who had edited the first twelve volumes of American Decisions," and had ably performed his part up to that time, Mr. Freeman was engaged to take his place; and in one sense, his great life-work began as Mr. Proffett’s successor, for he had the best chance to present the result of his studies and observations to the public, instead of keeping them solely for his own individual use, and he came more and more into prominence in the reporting and annotation of some eighty-eight or eighty-nine volumes of "American Decisions" and in some 135 volumes of American State Reports. This editorial engagement with the Bancroft-Whitney Company led to Mr. Freeman’s removal to San Francisco, in which city he grew into social as well as professional eminence. Each of the volumes referred to contains a large number o carefully written notes, some of them reaching the dignity of a monograph or a treatise upon the subject discussed. He came to be generally recognized as one of the greatest analyists (sic) of his time, if not one of the most proficient in the entire history of English law; and his works are today recognized, as they have been for years past, and are cited and respected as authority by the highest courts in the land.

Mr. Freeman was a Republican, and on account of his legal lore and his high standards of patriotism he served his party as did few in his time, until 1873; but in that year, so memorable for his first publication of national import, he assisted in the formation of the Independent Taxpayers’ Party, and he was honored as one of its nominees for the State Assembly in 1875. He had in his charge, as legal adviser or attorney, the affairs of many corporations and solid men of both the metropolis and the capital city of the state; and he amassed a well-earned fortune, so that from a business standpoint, too, his career was a marked success.

At the bride’s home, at Elk Grove, in 1867, Mr. Freeman was married to Miss Josephine B. Foulks, a native of Ohio, and the daughter of Alfred Foulks, of Pennsylvania. Mrs. Freeman is a gifted, accomplished and charming lady, whose life-story is very properly given in greater detail elsewhere in this work. The youngest of five children in a notable family, she was graduated from the Pacific College at San Jose, and became greatly interested in Mr. Freeman’s work, and assisted him in every way she could, especially in the matter of encouragement and delight in seeing him gain his ambition. She has one child, Mabel, the wife of Benjamin Romaine, an attorney of San Francisco. Mr. Freeman was decidedly a domestic man, although he found pleasure in the circles of the Odd Fellows, to which he belonged. He traveled much over the United States and Europe, and spent the winter of 1900-1901 visiting Germany, Holland, Belgium, France, Italy and Egypt. He had become deeply devoted to Sacramento, city and county, and also to San Francisco and to northern California in general; and posterity owes him a kindly thought for which he did to make easier the paths of those coming after him. He breathed his last at his home in San Francisco on April 11, 1911.

Mr. Freeman loved Sacramento County and its people, and he was fond of spending his leisure time on the old Freeman Rancho, some 275 acres on the Cosumnes (sic) River, which he regarded as a plaything, finding real sport in its trim fields of alfalfa and its fine herd of well-selected cows. Many of the improvements here were due to his progressive, enterprising and enthusiastic spirit, and to his desire to make such a property highly and creditably productive, and attractive from a scientific as well as from a practical standpoint.

 

Transcribed 2-7-07 Marilyn R. Pankey.

Source: Reed, G. Walter, History of Sacramento County, California With Biographical Sketches, Pages 392-397.  Historic Record Company, Los Angeles, CA. 1923.


© 2007 Marilyn R. Pankey.

 

 

 



Sacramento County Biographies