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2.884 iii. Lucy Amelia Perkins, b. 1832 : m. Samuel L.
Gillis.
2.885 iv. Helen Mary Perkins, b. 1839 ; m. George B.
Arnold.
2.886 V. Sarah Maria Perkins, b. 1841 ; m. 1866, Oliver
Thompson Wilder.
(iv.) Addison* Boughton (son of Samuel and Lucy Tracy
Boughton), was born in Victor, N. Y., about 1810. He
was apprenticed to learn the trade of cabinet maker, by his
kinsman, James Upton, Esq., and Mr. Nehemiah Osburn, at
Rochester, N. Y. He afterward opened a shop in Penn
Yan, N. Y., whei-e he died in middle Ufe. He was married
but seems to have left no issue.
(iii.) JosiAH W. Upton (son of James and Olive Boughton
Upton), was born Sept. 19, 1812, in Victor, N. Y., where
he still resides. By his wife, Sophia Roe he had three chil-
dren.
Children of Jogiah W. and Sophia Roe Upton. 2968
2.887 i. Maria Thirza Upton, m. Thomas Hancock, and
had issue.
2.888 ii. William Upton, unmarried.
2.889 iii. Caroline Upton, m. John McCarthy and has issue.
2,889» iv. James Upton, Jr. (son of James and Olive Bough-
ton Upton), was bom in Victor, N. Y., April 19, 1816.
He resided in Victor, N. Y., and Victor, Mich., and
was a man of fine character and great ability. By
his wife Elvira Emeline Hawkins, he had one son.
Child of Jamesy Jr. and Elytra E. Hawkins Upton, of Ytetor^ HIeh. 2869
2.890 i. Clarence Hawkins Upton, of Rochester, N. Y.
2,890» ii. William W.Upton (son of James and Olive Bough-
ton Upton), was born in Victor, N. Y., July 11, IblT. Our
space will not permit an adequate biography of Judge Upton,
812 BOUTON-BOUGHTON FAMILY.
nor could a complete account of his active life be written
without a discussion of burning political questions which
would be out of place in these pages. The son of a wealthy
farmer in a newly settled part of the state, he received
somewhat more than a common school education, and early
acquired that love of learning and faculty for hard study
which has always been one of his most marked character-
istics. Yet his love was for learning, not for show, and in
later life, when he was familiar with the most advanced
branches of mathematics, and could read Latin and French
as readily as English, he declined the degree of LL.D.,
tendered him by one of our leading colleges, on the ground
that " he thought such distinctions should be conferred
sparingly, and only upon those who have received a thor-
ough classical education."
Mr. Upton went to Victor, Mich., in the winter of 1837-8,
but returned to his native town the following September,
where he remained about a year and was married. He
then, in 1840, returned to Victor, Mich., and was admitted
to the bar. He rapidly gained a leading position at the bar
of his adopted state, and was frequently elected to office by
his fellow citizens. He was a supervisor of Victor, 1840-5 ;
surveyor of Clinton county, 1841-5 ; treasurer of same,
1845-7 ; and a member of the legislature which made Lan-
sing the capital. He removed to DeWitt in 1845, and to
Lansing in 1847, in which place he built the first house that
was not of logs. He was appointed district attorney for
Ingham county, in 1848, and was elected to the same office
for two terms of two years each, in 1849 and in 1851. Re-
signing this office, he left Michigan with his family, April
1, 1852, for California, by the overland route. There he
settled, first at Weaverville, but in 1852 removed to Sacra-
mento. He was a member of the legislature in 1856, and
in the fall of 1861, when there were three political parties
in California, he was elected prosecuting attorney of Sacra-
mento county, which office he held till 1864. In the presi-
dential contest of 1860 he was a Douglas democrat, but on
the breaking out of the war he became a firm supporter of
President Lincoln, and has ever since been a republican.
In 1864 he was urged to become a candidate for congress,
but the ill health of his family compelled him to remove
from a climate which had proved fatal to his wife and three
of his children. He accordingly removed to Portland, Ore-
gon, in the spring of 1865. He was almost immediately
elected to the legislatui*e of Oregon. In 1867 he was ap-
pointed a justice of the Supreme Court of Oregon, and in
I *
BOUTON-BOUGHTON FAMILY. 313
1868 was elected to that position for a term of six years.
He became chief justice in 1872. So satisfactorily did he
fill these oflBces and so high was his reputation as a lawyer,
that more than eighty of his nisi prius decisions were
printed and bound with the decisions of the Supreme Court.
At the expiration of his term of office, financial reverses
compelled him to decline a renomination and to resume the
practice of his profession. In the presidential controversy
of 1876, the vote of Oregon being in doubt, the republicans
practically rested their case before the electoral commission
tipon a decision rendered by Judge Upton at nisi prius upon
the question of the power of the governor of Oregon to
exercise judicial functions. A majority of the state Su-
preme Court had differed with Judge Upton, but the elec-
torsd commission by a unanimous vote sustained his view,
thus giving the state and the presidency to the republicans.
In 1877 Judge Upton, unexp^KJtedly to himself, was ap-
pointed second comptroller of the treasury of the United
States, an office, according to Alexander Hamilton, **next
to the secretary of the treasury." As this was practically
a judicial office and a court of last resort (the comptroller's
decisions being reversible by act of congress only), Judge
Upton accepted the appointment with pleasure, removed
with his family to Washington city and entered upon the
discharge of his duties October 1, 1877. He filled the office
with great credit to himself through three administrations,
passing upon about 160,000 accounts and claims, involving
about $600,000,000. Soon after the inauguration of
President Cleveland, Judge Upton tendered his resignation,
and on its acceptance, June 1, 1885, resumed the practice
of his profession in Washington. Early in 1885 his " Digest
of Decisions of the Second Comptroller of the Treasury,
1869 to 1884," was published by the United States govern-
ment.
Judge Upton married, first, Victor, N. T. , Feb. 8, 1840,
Maria Amanda Hollister, eldest daughter of Hon. Joseph
and Amanda (Adams) Hollister.* She was bom at Danby,
N. Y., August 13, 1318, and died at Sacramento in Decem-
ber, 1858. He married, second, East Avon, N. Y., March
29, I860, Marietta, daughter of Amasa and Alida Ann
(Ketcham) Bryan.
*NoTE. — For her ancestry, see Dr. Case's ** Hollister
Family," and Upton's " Genealogical Collections."
314 BOUTON-BOUGHTON FAMILY.
Children of William W. and Maria A. Holllster Upton. 2870
i. A son,^ b. and d. at Victor, Mich., March, 1843.
2,891 ii. James Boxjghton^ Upton, b. Victor, Mich., March
19, 1844. He Uved. in Michigan and California with
his father. He graduated at the High school in Sac-
ramento, and was admitted to the bar there. He
removed to Portland, Oregon, soon after his father
did, and went from there to Oregon City. In 186&
he returned to Portland, and was for four years in
the real estate business in connection with his pro-
fession, devoting much time and money to the pro-
motion of emigration from the eastern states and
Europe to Oregon. In 1873 he removed to Washing-
ton county, but returned a^ain to Oregon City. In
1876 he retired from practice and took up his resi-
dence at Oretown, Oregon, which has since been his
home, except about two years, when large business
interests required his presence in Colfax, W . T. He
married, Nov. 9, 1869, Anne Amanda Shaw, of Ore-
gon City, by whom he has five children.
Children of James Bongrhton and Anne Amanda Shaw Upton. 2891
2.892 i. Charles Samuel Upton,® b. Portland, August 9,.
1870.
2.893 ii. William Wesley Upton, b. East Portland, May
31, 1872.
2.894 iii. Anna Maud Upton, b. Washington county, Ore-
gon, Feb. 3, 1874.
2.895 IV. Jay Hollister Upton, b. Colfax, W. T., April
28, 1879.
2.896 V. Mary Etta Upton, b. Oretown, Oregon, Jan. 7,.
1882.
2.897 vi. George Edward Upton, b. Oretown, Oregon,.
May 13, 1888.
2.898 iii. Charles Backus Upton, b. DeWitt, Mich., Dec.
18, 1845. He went to California with his parents ia
1852, graduated at the Sacramento High school in
1865, removed to Portland, Oregon, where he was
admitted to the bar, and was successively deputy
sheriff, deputy prosecuting attorney and deputy U.
S. attorney. He practiced his profession with
marked success, both in Portland and at Walla Walla^
BOUTON-BOUGHTON FAMILY, 315
W. T., to which place he removed about 1878. He
has traveled and read much, is a man of liberal ideas,
a large land owner, and unmarried.
3.899 iv. Marietta Upton, b. Lansing, Mich., March 4,
1848. She lived with her father in Michigan, Cali-
fornia, Oregon and Washington, and died in the lat-
ter city, Oct. 1, 1880, unmarried. In this young lady,
whose life was devoted to the happiness of those
around her, all the strongest and noblest qualities of
her family seem to have united and reached their
highest development. With all the intellectual power
of her father, she inherited from her mother all
those gentler graces of mind and heart which are the
crowning ornament of her sex. With mental train-
ing which enabled her to fit one brother for Tale col-
lege and another for West Point, and social accom-
phshments which made her a favorite in the best
society in the land and charmed all who knew her,
she found her favorite occupation in relieving the
sufferings of the poor and the afflicted. Short as
was her life, who can measure the good she accom-
phshed, or the effects of her life and example upon
those who were brought within their influence ?
3.900 V. Charlotte Upton, b. Lansing, Mich., March 18,
1850 ; d. there the same year.