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jurist military politician author
He was born on May 1, 1833 in Guilford, Windham County, Vermont, United States, the son of John and Almira (Hart) Lincoln Phelps, and a descendant of William Phelps who emigrated from England to Dorchester, Massachussets, in 1630.
His father was a lawyer of reputation in Vermont and his mother was a teacher and the author of a series of popular scientific textbooks. In 1841 she assumed charge of the Patapsco Female Institute at Ellicott City, Maryland.
Phelps attended school at St. Timothy's Hall, near Catonsville, Maryland, and graduated from the College of New Jersey in 1852. The following year he spent at the Harvard Law School and then studied in the office of Robert J. Brent of Baltimore, a former attorney general of the state.
After traveling abroad, he began the practice of law in Baltimore in 1855 and was admitted to practice in the United States Supreme Court in 1859. He was a major in the Maryland National Guard (1858 - 61), which he helped to organize to suppress the Know-Nothings; in 1860 he was elected to the city council of Baltimore on a reform ticket.
On August 20, 1862, he accepted a lieutenant-colonelcy in the 7th Maryland Volunteers. Twice when in action horses were shot from under him, one at the battle of the Wilderness and one at Laurel Hill, near Spotsylvania on May 8, 1864, where he was wounded, captured, and then recaptured by Custer's cavalry. He had been promoted to colonel on April 13 of the same year; on September 9, he was honorably discharged and on March 13, 1865, brevetted brigadier-general for "gallant and meritorious service. "
During four years in Congress (1865 - 69), he was elected the first time as a Union war candidate and the second as a Union conservative. The duty devolved upon him of supporting the claims of Annapolis as the site of the United States Naval Academy which, during the war, had been temporarily removed to Newport. He voted for issues regardless of party lines, served on the committees on naval affairs, militia, and appropriations, and was conspicuous as an antagonist of James G. Blaine. He declined an executive appointment as judge of the court of appeals of Maryland in 1867.
At the expiration of his second term in Congress returned to Baltimore, where he resumed practice of the law in association with John V. L. Findlay. In 1876 he served as commissioner of public schools and the following year commanded the 8th Maryland Regiment, which was called out to preserve order during the strike riots. He was president of the Maryland Association of Union Veterans. In 1872 he read a paper on "Planetary Motion and Solar Heat" before the American Association for the Advancement of Science.
His later years were occupied with work as judge, professor, and author. From 1882 until his retirement, March 1, 1908, he was a judge of the supreme bench of Baltimore, an incumbency which was extended beyond the age limit by an act of the Maryland legislature.
He nevertheless found leisure to write two books of considerable merit, Juridical Equity (1894), a treatise on equity jurisprudence, and Falstaff and Equity (1901), which was first published as a series of articles in Shakespeariana (1892-1893), and is an analysis of the meaning of the phrase "An the Prince and Poins be not two arrant cowards, there's no equity stirring". Phelps died in Baltimore.
Charles Edward Phelps served with distinction in American Civil War and was promoted to the rank of Brevet Brigadier General. For twenty-three years he filled the chair of equity jurisprudence and pleading and practice in the law school of the University of Maryland. On March 30, 1898, he was awarded the Congressional Medal of Honor.
(This reproduction was printed from a digital file created...)
(This book, "Falstaff and equity;", by Charles E. 1833-190...)
Phelps opposed radical measures, for his position, he said, was "radical in war and conservative in peace. "
He was an able and hard-working jurist.
On December 29, 1868, he married Martha Woodward. He had four sons and two daughters.
