The Valley of Heart's Delight
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DAVID BELDEN
BIO -Pen Pictures
David Belden was
born at Newtown, Fairfield County, Connecticut, August 14, 1832. He came of the
old Puritan stock and inherited their fairness of character and untiring energy,
with none of their intolerance. Mr. Belden’s father was a lawyer of
considerable prominence in New England. The subject of this sketch attended the
public schools of his native State, and laid the foundation of his education.
He learned all there was to learn in these institutions, which, though noted for
their efficiency, could scarcely led him to the door of the higher education he
was to achieve by his own unaided efforts, the completeness of which excited the
admiration of all who had the good fortune of his acquaintance. On reaching his
majority in 1853, he came to California, stopping at Marysville for two years,
where he read law.
He went to Nevada City in 1855, and commenced the practice
of his profession. During his residence at Nevada City, he also directed his
attention toward mining, but this was more for the purpose of practically
studying the geological character of the country that for acquisition of the
precious metals. For the same reason he visited Virginia City, Nevada, and made
critical examination of the different silver-bearing lodes of Mt. Davidson.
Everything he did seemed to be with the object of acquiring useful information,
which, when once stored in his retentive memory, was never lost. The knowledge
thus gained he bestowed with a lavish hand on those around him. Many a miner
whose heart had become sick with hope deferred, has received hints from Judge
Belden which have enabled him to realize his golden anticipations; and many a
mechanic has received through him the light by which he has been able to do
perfect work. No knowledge was so humble that he would not stoop to pick it up,
and none so lofty that he would not climb to reach it. There seemed no limit to
the capacity of his mind for the acquisition of wisdom. His powers of both
analysis and synthesis were wonderful, and however refractory might be the ore
that went into the laboratory of his brain, it came out pure and shining metal.
In 1859 he was elected county judge, and occupied the bench four years. In 1865
he was selected by the people to represent Nevada County in the State Senate.
Here his broad statesmanship and matchless eloquence won new laurels and gave
him a State-wide reputation. At the expiration of his term as senator, he,
together with his wife, visited the Old World and traveled for some months
through Europe. In this tour he took occasion to investigate, on the spot, many
things of which he had only read, and returned with much information added to
his already large store of knowledge. Art, science, horticulture, mechanism,
road making, political economy, literature, architecture, domestic economy, --
he absorbed everything.
Returning from Europe he removed to San Jose, in 1869,
and resumed the practice of law. In 1871, the Twentieth Judicial District was
created, and he was appointed its judge. In 1873 he was elected to the same
position by a practically unanimous vote. The district then was composed of the
counties of Santa Clara, Santa Cruz, San Benito, and Monterey. He held this
position until the judiciary system of the State was reorganized, when he was
elected judge of the Superior Court. He was re-elected in 1884, and continued
on the bench until his death, which occurred May 14, 1888. While his wonderful
learning excited admiration, and his strict integrity induced respect, no less
did his warm and sympathetic nature command the affection of all with whom he
came in contact. He was simple in his habits and unostentatious in his
appearance. Anyone could approach him and draw at will on his great stores of
knowledge, while neither his heart nor his purse were closed to the tale of
distress. He was eminently a progressive man and ready to lend his valuable
assistance to every enterprise for the benefit of the community. Many of our
proudest monuments owe their existence to the timely and intelligent efforts of
Judge Belden. The amount of work he performed was enormous, and it was this
interminable labor without rest that finally accomplished his death. He
possessed a robust frame, but it was worn out by his still more vigorous mind.
It would be impossible to enumerate the many great works which his assistance
has rendered possible. His handwriting is visible on every page of the history
of the county since his name was enrolled as one of its citizens. At his death
the whole State mourned, and at his obsequies all were present to pay tribute to
his memory. Business was suspended, the temple of justice in which he had so
long presided was draped in mourning, and the people from all the walks of life
came forth with grieving hearts to place their floral offerings on the tomb of
their counselor and friend. The remains were borne to their last resting-place
by his brothers in the profession, and the eulogy pronounced by the Supreme
Court of the State through its chief justice, Searles. The whole people
composed the cortege and none were left who did not show visible signs of
the sorrow which filled their hearts. Judge Belden was married, April 21, 1861,
to Miss Elizabeth C. Farrell, of New Jersey, a lady eminently fitted to be the
wife of such a man. Highly educated and accomplished, but with strong domestic
instincts, she made for him a most congenial home. Possessed of strong
intelligence, she was able to render him valuable assistance in most of his
work. She was his support and consolation during his wedded life and his true
mourner after his death. She remains on the homestead, and preserves it in the
same condition in which it was left by her husband.
Following are the
resolutions adopted by the Bar in respect to the memory of Judge Belden: --
WHEREAS, It has pleased the ever wise and
merciful Author of justice to remove from our midst and from the scene of his
earthly labors the Honorable David Belden, Judge of the Superior Court of the
County of Santa Clara and State of California; and,
WHEREAS, In his death, the
judicial system of Santa Clara
County has suffered its most sad and serious loss since its organization; and,
WHEREAS, The whole community of
which Judge Belden was for many years a useful and beloved member, unites with
the Bar in sincere grief about his bier; and,
WHEREAS, It is fitting that to
the public record of his eminent services as a judicial officer there should be
appended the seal of a merited recognition by the court over which he presided
with dignity, learning, and honor; be it therefore
Resolved, That, in the
untimely death of Hon. David Belden, the Bench and Bar of Santa Clara County
have lost a most able, reliable, just and respected member; the State of
California a most useful, illustrious, and conscientious jurist; the community a
rare example of true greatness and virtue; that, as a judge of the Twentieth
Judicial District of the State of California from 1871 until 1880, and of the
Superior Court of Santa Clara County from 1880 to the date of his death, he ever
wore the stainless ermine of judicial integrity, displaying in his opinions and
rulings a quick perception of the principles of justice, and a deep and
discriminating study of the precedents and precepts of law applicable to every
case, bearing himself always with a lofty impartiality toward the parties and
the interests involved. In his administration of the penal statutes to
offenders brought before his court he was ever moved with earnest and untiring
desire to temper the severity of the sentence with that degree of mercy required
by each individual case, to foster and encourage every impulse toward virtue
concealed in the criminal’s heart. In his bearing toward the Bar, he was
distinguished for the graceful and uniform courtesy accorded every member, and
especially noted for the kindly encouragement which constantly flowed to the
young men of the profession, qualities which won for him the esteem and
veneration of the former and confidence and love of the latter, -- an esteem,
veneration, confidence, and love which cease not at his grave, but which will
continue to make fragrant his memory through the years to come. That as a
citizen, sprung from the ranks of the masses, and, rising through a life-time of
labor, by native force of character, to an eminence of distinguished usefulness,
his career compels the admiration of all classes of society, and should
especially excite the young men of our coast to an imitation of the virtues of
his public and private life. In the shaping of public affairs his advice was
always easy of access, and ever found well-considered and wise. No member of
society was more sensitive to the pulsations of public opinion, or more apt in
appreciation of public needs. Never forward in the impression of his
personality upon the current of affairs, he was never backward in meeting the
emergencies of any occasion with a fortitude born of his convictions of right.
With broad intellectuality, with brilliant literary ability, with incessant
zeal, he investigated every problem of life and scattered his conclusions
broadcast with a tongue of silver and a pen of fire. That though his loss to
the community is lamented as a judge of transcendent ability and a citizen of
distinguished usefulness, it is as a man among men that the death of David
Belden is most keenly felt and most
sincerely deplored. The friend, the brother, the counselor, the very model of
all the social virtues, he lived out with consistent purity his simple and noble
existence, and is gone in answer to the morning call of immortality. Beside the
unstained robes of his public service may be laid the equally immaculate
garments of his private life. To the widow of our departed friend and brother,
who, through the well-filled years of a noble life has been the partner of his
joys and griefs, the Bar of Santa Clara County extends the comfort of the
heart-felt sympathy of its every member; in token whereof be it
Resolved, That as a body
the Bar attend the funeral and sepulture of her beloved companion. That, as a
mark of respect to their late occupant, the judicial chair and bench of
Department No. 1, of the Superior Court of this county, be draped in mourning
for the space of twenty days. That these resolutions be offered before the
Superior Court of Santa Clara County, at the next sitting thereof, with the
request that they be spread upon the minutes of said court; that a certified
copy of the same, and the further action of the Court, be, by the clerk thereof,
transmitted to the widow and family of the deceased; and that one publication of
these resolutions be made upon the pages of the public press.
In making the order to
spread these resolutions on the minutes, and to transmit a copy to the widow,
Judge Spencer said: --
“MY BROTHERS OF THE
BAR OF SAN JOSE: In the removal by death of my honored associate, we, in common
with his relatives and community at large, have indeed suffered a great and
irreparable loss. I can but ill bring myself to the stern realization of the
fact that the relentless destroyer has taken from my side one who for these
eight years has been my co-laborer in the delicate and arduous duties incident
to the office of judge of the Superior Court; one with whom I have oft held
instructive and pleasant consultations, and with whom I have maintained most
intimate and cordial personal relations. I knew him well, and thus knowing I
can truly say that his virtues were many and noble; his faults few and
insignificant. Indefatigable and conscientious in the attention to, and the
performance of, his judicial duties, he was stricken while in the midst of his
labors. With Spartan courage and steadfast devotion to duty, inherited from his
Puritan ancestors, for nearly three years did he battle with death and stand by
his post with unswerving fortitude, attending to every duty of his office. To
the oft-repeated solicitation of friends to give himself relaxation and rest, he
has often responded from the fullness of his convictions of duty, ‘I would
rather wear out than rust out.’ And most truly did he wear out in the
performance of his judicial duties, for not until the overtaxed body and
weakened vital organs had broken out in open rebellion did he yield to the
inevitable, and was carried out of the temple of justice, which he had adorned
as district and superior judge for sixteen years, to linger by the dark river
until the ferryman should come to transport him to a haven of well-earned rest.
“Judge Belden was
at the time of his death fifty-five years and nine months of age, and had served
with distinction and honor in the several judicial positions of county judge of
Nevada County, district judge of the Twentieth Judicial District, and superior
judge of this county for the collective period of twenty years.
“Not only was he an
able expounder of the law, but the citizens of his former mountain home had
delighted in sending him to the halls of legislation, where, as a senator, he
distinguished himself as an able law-maker and a leader among his fellows.
“He was a truly
remarkable man. Many have gone before him whose legal attainments have been
equal to his. Others may have equally possessed the treasure of masterly
eloquence. But it has never been my fortune to find combined in any other
person so many rare and glowing qualities of heart, brain, and personal
accomplishments.
“As an orator it
has been truly said of him that ‘he spoke with a tongue of silver;’ his command
of language was wonderful, his selections beautiful and most happy. He was wont
at times with his bursts of eloquence to hold his listeners delighted and
entranced. Although his delivery was rapid, he never hesitated for an apt word
or sentence. ‘His words came skipping rank and file almost before he would.’
“As a jurist he had
few superiors. Well grounded in the elements of law, and conversant with the
mass of judicial precedents, he added that ready perception of principles
applicable to any given set of facts, and that peculiarly incisive power of
reasoning that make the true lawyer.
“But his
attainments by no means stopped with those of his chosen profession. His
researches in the general domain of knowledge included almost every branch of
science, art, history, and political economy.
“Although not a
specialist in any one department, he was at home as well when gazing at the gems
of night, figuring their parallax and discussing the laws of planetary motion,
as when calculating the angle of aperture of an object glass or studying the
phenomena of the border line of life exhibited in the amoebae.
“But as a judge did
his fitting qualities shine forth with undimmed luster.
“He was a just
judge, a wise interpreter of the law and evidence, and withal simple and
unassuming in manner, and sympathetic almost to a fault.
“He has passed from
our midst forever. The chair that he was wont to fill with so much dignity,
honor, and credit is now vacant. His robes of office have been replaced by the
winding sheet. We have laid him away in his final resting-place, and have taken
to our hearts the solemn and instructive monition that the sad lesson affords.
“A loving wife is
mourning the loss of a loyal and affectionate husband. The Bar of this county,
and the profession at large, lament the loss of a cherished brother, and the
county and State a valued citizen and faithful public servant.
“But the memory of
his virtues and noble qualities we should ever keep green in our hearts, and it
is eminently fitting that the resolutions now presented by his brothers of the
Bar should be inscribed upon the pages of the records of the court which he has
caused to be kept so many years.
“Let the motion be
granted, and an engrossed copy of the resolutions be presented to the bereaved
family.”
Pen Pictures From The
Garden of the World or Santa Clara County,
California,
Illustrated. - Edited by H. S.
Foote.- Chicago: The Lewis Publishing Company, 1888. p. 84-86
Transcribed by Kathy
Sedler
SANTA CLARA COUNTY HISTORICAL BIOGRAPHIES
SANTA CLARA COUNTY -The Valley of Heart's Delight