It is to the credit of Mr. Everett and of that other Massachusetts orator, Rufus Choate, that no tinge of jealousy or of envy ever embittered in the smallest degree their hearty love and support of their friend. They were his pupils, his companions, his supporters, his lovers, while he lived, and were his best eulogists when he died.
I heard another speech of his, which I think was never reported.He appeared before a Committee of the Legislature as counselfor the remonstrants against the scheme to fill up the BackBay lands.
I do not think the employment of a Senator of the United States as counsel before the Legislature would be approved by public opinion now.
I do not know what year it was, but probably 1849 or 1850. He had grown old. But I learned more of the fashion of his mental operations than could be learned from his speeches on great occasions, especially after they had been revised for publication. He spoke with much contempt of a petition signed by many of the foremost merchants and business men of Boston. He described with great sarcasm the process of carrying about such petitions, and the relief of the person to whom they were presented on finding he was not asked to give any money. "Oh, yes, I'll sign—I'll sign." He then read out one after another the names of men well known and honored in the city. He threw down the petition with contempt, and the long sheet fell and unrolled upon the floor.
He had a singular habit, which made it wearisome to listen to his ordinary speech, of groping after the most suitable word, and trying one synonym after another till he got that which suited him best. "Why is it, Mr. Chairman, that there has gathered, congregated, this great number of inhabitants, dwellers, here; that these roads, avenues, routes of travel, highways, converge, meet, come together, here? Is it not because we have here a sufficient, ample, safe, secure, convenient, commodious, port, harbor, haven?" Of course when the speech came to be printed all the synonyms but the best one would be left out.
Mr. Webster seemed rather feeble at that time, and called upon his friend Mr. William Dehon to read for him the evidence and extracts from reports with which he had to deal. His tome was the tone of ordinary conversation, and his speech, while it would not be called hesitating, was exceedingly slow and deliberate. I have been told by persons who heard him in the Supreme Court in his later years that the same characteristic marked his arguments there, and that some of his passages made very little impression upon the auditors, although they seemed eloquent and powerful when they came to be read afterward.
His is frequently spoken of as a nervous Saxon style. That is a great mistake, except as to a few passages where he rose to a white heat. If any person will open a volume of his speeches at random, it will be found that the characteristic of his sentences is a somewhat ponderous Latinity.
A considerable number of Democrats joined the Free Soil movement in 1848. Conspicuous among them was Marcus Morton, who had been Governor and one of our ablest Supreme Court judges, and his son, afterward Chief Justice, then just rising into distinction as a lawyer. The members of the Liberty Party also, who had cast votes for Birney in 1844, were ready for the new movement. But the Free Soil Party derived its chief strength, both of numbers and influence, from the Whigs. The Anti-Slavery Whigs clung to Webster almost to the last. He had disappointed them by opposing the resolution they offered at the Whig State Convention, pledging the party to support no candidate not known by his acts or declared opinions to be opposed to the extension of slavery. But he had coupled his opposition with a declaration of his own unalterable opposition to that extension, and had said, speaking of those who were in favor of the declaration: "It is not their thunder."
He declared in the Senate, as late as 1848: "My opposition to the increase of slavery in the country, or to the increase of slave representation in Congress, is general and universal. It has no reference to lines of latitude or points of the compass. I shall oppose all such extension, and all such increase, at all times, under all circumstances, even against all inducements, against all combinations, against all compromises."
So the Anti-Slavery Whigs eagerly supported him as their candidate for the Whig nomination in 1848.
If Mr. Webster had been nominated for the Presidency in 1848, the Free Soil Party would not have come into existence that year. There would have been probably some increase in the numbers of the Liberty Party; yet the Anti-Slavery Whigs of Massachusetts would have trusted him. But the nomination of General Taylor, a Southerner, one of the largest slaveholders in the country, whose laurels had been gained in the odious Mexican War, upon a platform silent upon the engrossing subject of the extension of slavery, could not be borne. The temper of the Whig National Convention was exhibited in a way to irritate the lovers of freedom in Massachusetts. When some allusion was made to her expressed opinions, it was received with groans and cries of "Curse Massachusetts." But, on the whole, the Massachusetts Whigs shared the exultant anticipation of triumph, and of regaining the power from which they had been excluded since the time of John Quincy Adams, except for the month of Harrison's short official life. But as the convention was about to adjourn, intoxicated with hope and triumph, Charles Allen, a delegate from Massachusetts, a man of slender figure, rose, and with a quiet voice declared the Whig Party dissolved. Never was a prediction received with more derision; never was prediction more surely fulfilled. He was reinforced by Henry Wilson, afterward Vice-President of the United States.
Immediately on their return from Philadelphia, a call was circulated for a convention to be held at Worcester of all persons opposed to the nomination of Cass and Taylor. The call was written by E. R. Hoar. My father, Samuel Hoar, was its first signer.
This is the call. It should be preserved in a form more enduring than the leaflet, of which I possess, perhaps, the only copy in existence.
"The Whig National Convention have nominated General Taylor for President of the United States. In so doing they have exceeded their just authority, and have proposed a candidate whom no Northern Whig is bound to support.
"HE IS NOT A WHIG, when tried by the standard of our party organization. He has never voted for a Whig candidate, has declared that the party must not look to him as an exponent of its principles, that he would accept the nomination of the Democratic Party, and that he would not submit his claims to the decision of the Whigs, acting through their regularly constituted Convention.
"HE IS NOT A WHIG, if judged by the opinions he entertains upon questions of public policy. Upon the great questions of currency and Finance, of Internal Improvements, of Protection to American Industry, so far from agreeing with the Whigs, he has distinctly avowed that he has formed no opinion at all.
"HE IS NOT A WHIG, if measured by the higher standard of principle, to which the Whigs of Massachusetts and of the North have pledged themselves solemnly, deliberately, and often. He is not opposed to the extension of Slavery over new territories, acquired, and to be acquired, by the United States. He is a Slave-holder, and has been selected because he could command votes which no Whig from the free States could receive.
"To make room for him, the trusted and faithful Champions of our cause have all been set aside.
"The Whigs of Massachusetts, by their Legislature, and in their popular assemblies, have resolved, that opposition to the extension of Slavery is a fundamental article in their political faith. They have spoken with scorn and upbraiding of those Northern Democrats who would sacrifice the rights and interests of the Free States upon the altar of party subserviency.
"The Whigs of the Legislature have recently declared to the country, 'that if success can attend the party, only by the sacrifice of Whig principles, or some of them,' they did not mean to be thus successful; that they are determined 'to support a candidate who will not suffer us to be over- balanced by annexations of foreign territory, nor by the further extension of the institution of Slavery, which is equally repugnant to the feelings, and incompatible with the political rights of the Free States'; and that they 'believe it to be the resolute purpose of the Whig people of Massachusetts, to support these sentiments, and carry into effect the design which they manifest.'
"Believing that the support of General Taylor's nomination is required by no obligations of party fidelity, and that to acquiesce in it would be the abandonment of principles which we hold most dear, treachery to the cause of Freedom, and the utter prostration of the interests of Free Labor and the Rights of Freemen:
"The undersigned, Whigs of Massachusetts, call upon their fellow-citizens throughout the Commonwealth, who are opposed to the nomination of CASS and TAYLOR, to meet in Convention at Worcester, onWednesday,the 28th day of June current, to take such steps as the occasion shall demand, in support of the PRINCIPLES to which they are pledged, and to co-operate with the other Free States in a Convention for this purpose."
My first political service was folding and directing these circulars. The Convention was held, and Samuel Hoar presided. It was addressed by men most of whom afterward became eminent in the public service. Among them were Charles Sumner, Charles Francis Adams, Henry Wilson, E. R. Hoar, Edward L. Keyes, Charles Allen, Lewis D. Campbell, of Ohio, and Abraham Payne, of Rhode Island. Richard H. Dana was present, but I think he did not speak. William Lloyd Garrison and Francis Jackson were present, but took no part whatever. I rode to Boston in a freight car after the convention was over, late at night. Garrison and Jackson were sitting together and talking to a group of friends. Garrison seemed much delighted with the day's work, but said he heard too much talk about the likelihood that some of the resolutions would be popular and bring large numbers of votes to the party. He said: "All you should ask is, what is the rightful position? and then take it." Among the resolutions was this:
"That Massachusetts looks to Daniel Webster to declare to the Senate and to uphold before the country the policy of the Free States; that she is relieved to know that he has not endorsed the nomination of General Taylor; and that she invokes him at this crisis to turn a deaf ear to 'optimists' and 'quietists', and to speak and act as his heart and his great mind shall lead him."
Daniel Webster's son Fletcher was present, and heartily in accord with the meeting; and this resolution was passed with his full approval. It met great opposition from the men who had come into the movement from the Liberty Party and from the Democratic Party. The shouts of "No, no; too late" were nearly, if not quite, equal to the expressions of approval. But the president declared that it was passed.
Mr. Webster sulked in his tent during the summer, and at last, September 1, 1848, made a speech at Marshfield, in which he declared the nomination of Taylor not fit to be made, but gave it a half-hearted support. My brother, Judge E. R. Hoar, had been an enthusiastic admirer of Webster, who had treated him with great personal kindness; and, as I have said, he had been associated with Mr. Webster in the famous Wyman trial. Mr. Webster made a speech in the Senate in August, declaring his renewed opposition to the extension of slavery. Mr. Hoar wrote a letter expressing his satisfaction with that speech, and urging him to take his proper place at the head of the Northern Free Soil movement. This is Mr. Webster's reply. It is interesting as the last anti-slavery utterance of Daniel Webster.
MARSHFIELD, August 23, 1848.
My Dear Sir:
I am greatly obliged to you, for your kind and friendly letter. You overrate, I am sure, the value of my speech, it was quite unpremeditated and its merit, if any, consists I presume in its directness and brevity. It mortified me to see that some of the newspaper writers speak of it as the "taking of a position"; as if it contained something new for me to say. You are not one of them, my dear sir, but there are those who will not believe that I am an anti-slavery man unless I repeat the declaration once a week. I expect they will soon require a periodical affidavit. You know, that as early as 1830 in my speech on Foote's resolution, I drew upon me the anger of enemies, and a regret of friends by what I said against slavery, and I hope that from that day to this my conduct has been consistent. But nobody seems to be esteemed to be worthy of confidence who is not a new convert. And if the new convert be as yet but half converted, so much the better. This I confess a little tries one's patience. But I can assure you in my own case, it will not either change my principles or my conduct.
It is utterly impossible for me to support the Buffalo nomination. I have no confidence in Mr. Van Buren, not the slightest. I would much rather trust General Taylor than Mr. Van Buren even on this very question of slavery, for I believe that General Taylor is an honest man and I am sure he is not so much committed on the wrong side, as I know Mr. Van Buren to have been for fifteen years. I cannot concur even with my best friends in giving the lead in a great question to a notorious opponent to the cause. Besides; there are other great interests of the country in which you and I hold Mr. Van Buren to be essentially wrong, and it seems to me that in consenting to form a party under him Whigs must consent to bottom their party on one idea only, and also to adopt as the representative of that idea a head chosen on a strange emergency from among its steadiest opposers. It gives me pain to differ from Whig friends whom I know to be as much attached to universal liberty as I am, and they cannot be more so. I am grieved particularly to be obliged to differ in anything from yourself and your excellent father, for both of whom I have cherished such long and affectionate regards. But I cannot see it to be my duty to join in a secession from the Whig Party for the purpose of putting Mr. Van Buren at the head of the Government. I pray you to assure yourself, my dear Sir, of my continued esteem and attachment, and remember me kindly and cordially to your father.
Yours, etc.,DANIEL WEBSTER
Honorable E. Rockwood Hoar.
Mr. Hoar had before had a somewhat interesting interview with Mr. Webster to the same effect. Late in the winter, before the convention at Philadelphia, some young Whigs had a dinner at the Tremont House, to concert measures to support his candidacy. There were forty or fifty present. Mr. Webster was expected to speak to them, but his daughter Julia was very ill. He sent them a message that he would see them at the house in Summer Street where he was staying. So when the dinner was half over, the party walked in procession to Mr. Paige's house. As Judge Hoar described the interview, he seemed very glum. He shook hands with the young men as they passed by him, but said very little. There was an awkward silence, and they were about to take leave, when the absurdity of the position struck Mr. Hoar, who was the youngest of the party, rather forcibly. Just then he heard Mr. Webster say to somebody near him: "The day for eminent public men seems to have gone by." Whereupon Hoar stepped forward and made him a brief speech, which he began by saying that the object of their coming together was to show that, in their opinion, the day for eminent public men had not gone by, and some more to the same effect. Webster waked up and his eyes flashed and sparkled. He made a speech full of vigor and fire. He spoke of his name being brought before the Whig convention at Philadelphia, and of his fidelity to the party. He said that whether his own name should be in the judgment of the convention suitable or the best to present to the country the convention would determine, and added: "If the convention shall select anyone of our conspicuous leaders, trained and experienced in civil affairs, of national reputation as a statesman, he will receive my hearty support. But if I am asked whether I will advise the convention at Philadelphia to nominate, or if nominated I will recommend the people to support for the office of President of the United States, a swearing, fighting, frontier colonel, I only say that I shall not do it."
Many people think that if Mr. Webster would have supported General Taylor's policy of dealing with the questions relating to slavery it would have prevailed, and that the country would have been pacified and the Civil War avoided. I do not think so. The forces on both sides who were bringing on that conflict were too powerful to be subdued by the influence of any individual statesman. The irrepressible conflict had to be fought out. But Mr. Webster's attitude not only estranged him from the supporters of General Taylor in his own party, but, of course, made an irreparable breach between him and the anti-slavery men who had founded the Free Soil Party. He was the chief target for all anti-slavery arrows from March 7, 1850, to his death.
When I was in the Harvard Law School, Mr. Webster was counsel in a very interesting divorce case where Choate was upon the other side. The parties were in high social position and very well known. Mr. Choate's client, who was the wife, was charged with adultery. I did not hear the closing argument, but my classmates who did reported that Mr. Webster spoke of the woman with great severity and argued the case with a scriptural plainness of speech. He likened the case of the husband bound to an adulterous wife to the old Hebrew punishment of fastening a living man to a corpse. "Who shall deliver me from the body of this death?" But Judge Fletcher, who held the court, decided in favor of the wife.
The meeting which gathered at Worcester in pursuance of the above call, inaugurated for the first time a party for the sole object of resisting the extension of slavery. The Liberty Party, which had cast a few votes in the presidential election of 1840, and which, in 1844, had turned the scale in New York and so in the nation against Mr. Clay, was willing to support the candidates of other parties who were personally unobjectionable to them in this respect. But the Free Soil Party, of which the present Republican party is but the continuation under a change of name, determined that no person should receive its support for any national office, who himself continued his association with either of the old political organizations.
The Free Soil Party of Massachusetts cast in the presidential election of 1848 only about 37,000 votes, but it included among its supporters almost every man in the Commonwealth old enough to take part in politics who has since acquired any considerable national reputation. Charles Sumner who had become known to the public as an orator and scholar by three or four great orations, was just at the threshold of his brilliant career. Charles Francis Adams, who had served respectably but without great distinction, in each branch of the Legislature, brought to the cause his inflexible courage, his calm judgment, and the inspiration of his historic name. John A. Andrew, then a young lawyer in Boston, afterward to become illustrious as the greatest war Governor in the Union, devoted to the cause an eloquence stimulant and inspiring as a sermon of Paul. John G. Palfrey, then a Whig member of Congress from the Middlesex District, discussed the great issue in speeches singularly adapted to reach the understanding and gratify the taste of the people of Massachusetts, and in a series of essays whose vigor and compactness Junius might have envied, and with a moral power which Junius could never have reached. Anson Burlingame, afterward Minister to China, captivated large crowds with his inspiring eloquence.* Samuel G. Howe, famous in both hemispheres by his knightly service in the cause of Greek independence, famous also by his philanthropic work in behalf of the insane and blind, brought his great influence to the party. Henry Wilson, a mechanic, whose early training had been that of the shoemaker's shop, but who understood the path by which to reach the conscience and understanding of the workingmen of Massachusetts better than any other man, had been also a delegate to the Convention at Philadelphia, and had united with Judge Allen in denunciation of its surrender of liberty. Stephen C. Phillips, a highly respected merchant of Salem, and formerly Whig Representative from the Essex District, gave the weight of his influence in the same direction. Samuel Hoar, who had been driven from South Carolina when he attempted to argue the case for the imprisoned colored seamen of Massachusetts before the courts of the United States, one of the most distinguished lawyers of the Massachusetts bar, came from this retirement in his old age to give his service in the same cause; of which his son, E. R. Hoar, was also a constant, untiring, and enthusiastic champion. Richard H. Dana, master of an exquisite English style, the only Massachusetts advocate who ever encountered Rufus Choate on equal terms, threw himself into the cause with all the ardor of his soul. On the Connecticut River, George Ashmun, the most powerful of the Whig champions in western Massachusetts, found more than his match in Erastus Hopkins. William Claflin, afterward Speaker, Lieutenant Governor, and Governor of Massachusetts, member of the National House of Representatives, and Chairman of the Republican National Committee, was then in his early youth. But he had already gained a competent fortune by his business sagacity. He brought to the cause his sound judgment, his warm and affectionate heart, and his liberal hand. He was then, as he has ever since been, identified with every good and generous cause. His stanch friendship was then, as it has been ever since, the delight and comfort of the champions of freedom in strife and obloquy.
[Footnote] * Shortly after Burlingame came into active life, he made a journey to Europe. The American Minister obtained for him a ticket of admission to the House of Commons. He was shown into a very comfortable seat in the gallery. In a few minutes an official came and told him he must leave that seat; that the gallery where he was was reserved for Peers. They are very particular about such things there. Burlingame got up to go out when an old Peer who happened to be sitting by and had heard what was said, interposed. "Let him stay, let him stay. He is a Peer in his own country." "I am a Sovereign in my own country, Sir," replied Burlingame, "and shall lose caste if I associate with Peers." And he went out. [End of Footnote]
Each of these men would have been amply fitted in all respects for the leader of a great party in State or Nation. Each of them could have defended any cause in which he was a believer, by whatever champion assailed. They had also their allies and associates among the representatives of the press. Among these were Joseph T. Buckingham, of the BostonCourier,then the head of the editorial fraternity in Massachusetts; John Milton Earle, the veteran editor of the WorcesterSpy;William S. Robinson, afterward so widely known as Warrington, whose wit and keen logic will cause his name to be long preserved among the classics of American literature.
I have spoken of some of these men more at length elsewhere. I knew them, all but two, very intimately. I only knew Joseph T. Buckingham by sight. He edited the BostonCourierwith great ability. He was a member of both Houses of the Massachusetts Legislature. He was a member of the State Senate in 1850 and 1851. He left theCourierin June, 1848, about the time the Free Soil movement begun, and was not active in politics afterward.
I had no personal acquaintance with Charles Francis Adams. I have known his son, Charles Francis Adams, President of the Massachusetts Historical Society, pretty well. He inherits a great deal of the ability and independence which belongs to his race. He would undoubtedly have taken a very high place in the public and official life of his generation if he had found himself in accord with either of the great political parties.
I do not think anybody, except the very intimate friends of Charles Francis Adams, was aware of his great abilities until he manifested them amid the difficulties of the English Mission. They were known, however, to a few men who were intimate with him. I was quite astonished one day when I called on Dr. Palfrey, at his house in Cambridge in 1852, and he told me Mr. Adams was entirely competent for the office of President of the United States.
Mr. Adams was rather dull as a public speaker. He was apt to announce commonplaces slowly and deliberately, as if they were something he thought his audience was listening to for the first time. But the influence of his historic name was very great. His marvellous resemblance to his father and grandfather made a great impression. When he said at Worcester on the 28th of June, 1848: "I say, in words to which I have a hereditary right, 'Sink or Swim, Live or Die, Survive or Perish, I give my hand and my heart to this movement,'" it seemed to the audience as if old John Adams had stepped down from Trumbull's picture of the Signing of the Declaration of Independence to give his benediction.*
[Footnote] * I like very much the epitaph which his sons placed over him in the burial place at Quincy. Every word of it is true.
THIS STONEMARKS THE GRAVE OFCHARLES FRANCIS ADAMSSON OF JOHN QUINCYAND LOUISA CATHERINE (JOHNSON)ADAMSBORN 18 AUGUST 1807Trained from his youth in politics and lettersHis manhood strengthened by the convictionsWhich had inspired his fathersHe was among the first to serveAnd among the most steadfast to supportThat new revolutionWhich restored the principles of libertyTo public lawAnd secured to his countryThe freedom of its soilDuring seven troubled and anxious yearsMinister of the United States in Englandafterward arbitrator at the tribunal of GenevaHe failed in no task which his Government imposedYet won the respect and confidenceof two great nationsDying 21 November 1886He left the exampleof high powers nobly usedand the remembranceof a spotless name.[End of Footnote]
Besides these more conspicuous leaders, there was to be found, in almost every town and village in Massachusetts, some man eminent among his neighbors for purity of life, for philanthropy, and for large intelligence who was ready to join the new party. The glowing hopes and dreams and aspirations of youth were inspirited by the muse of Whittier and Longfellow and Lowell and Bryant. The cause of free labor appealed to the strongest sympathies of the mechanics of Essex and the skilled laborers of Worcester.
Four years afterward Daniel Webster, as he lay dying at Marshfield, said to the friend who was by his side: "The Whig candidate will obtain but one or two States, and it is well; as a national party, the Whigs are ended."
The Whig Party retained its organization in Massachusetts until 1856; but its intellect and its moral power were gone. Mr. Winthrop, as appears from the excellent "Life" published by his son, had no sympathy with Mr. Webster's position. Mr. Webster died, a disappointed man, in the autumn of 1852. He took no part in political affairs in Massachusetts after 1850. Mr. Choate, who was to follow his great leader to the grave within a few years, transferred his allegiance to the Democrats. Mr. Everett, after a brief service in the Senate, a service most uncongenial to his own taste, resigned his seat in the midst of the angry conflict on the Nebraska bill, and devoted himself to literary pursuits until, when the war broke out, he threw himself with all his zeal, power, and eloquence into the cause of his country.
After leaving college I studied for a year in my brother's office in Concord, then for two years at the Harvard Law School, and afterward for four months in the office of Judge Benjamin F. Thomas in Worcester. I was led to choose Worcester as a place to live in chiefly for the reason that that city and county were the stronghold of the new Anti-Slavery Party, to which cause I was devoted with all my heart and soul. I have never regretted the choice, and have spent my life there, except when in Washington, for considerably more than half a century. In that time Worcester has grown from a city of fifteen thousand to a city of one hundred and thirty thousand people. I can conceive of no life more delightful for a man of public spirit than to belong to a community like that which combines the youth and vigor and ambition of a western city with the refinement and conveniences, and the pride in a noble history, of an old American community. It is a delight to see it grow and a greater delight to help it grow,—to help improve its schools, and found its Public Library, and help lay the foundations of great institutions of learning. Worcester had an admirable Bar, admirable clergymen, and physicians of great skill and eminence. Among her clergymen was Edward Everett Hale, then in early youth, but already famous as a preacher throughout the country. There was no Unitarian pulpit where he was not gladly welcomed. So his congregation here, by way of exchange, heard the most famous pulpit orators of the country.
Among the physicians was Dr. Joseph Sargent, a man then without a superior in his profession in Massachusetts. The friendship I formed with him in 1849 lasted till his death, more than forty years afterward.
The mechanics of Worcester were unsurpassed for their ingenuity anywhere on the face of the earth. Worcester was the centre and home of invention. Within a circle of twelve miles radius was the home of Blanchard, the inventor of the machine for turning irregular forms; of Elias Howe, the inventor of the sewing machine; of Eli Whitney, the inventor of the cotton gin, which doubled the value of every acre of cotton-producing land in the country; of Erastus B. Bigelow, the inventor of the carpet machine; of Hawes, the inventor of the envelope machine; of Crompton and Knowles, the creators and perfectors of the modern loom; of Ruggles, Nourse and Mason, in whose establishment the modern plow was brought to perfection, and a great variety of other agricultural implements invented and improved. There were many other men whose inventive genius and public usefulness were entitled to rank with these. The first house-warming furnace was introduced here, and the second cupola furnace was set up near by.
These inventors and mechanics were all men of great public spirit, proud of Worcester, of its great achievements, and its great hope. They got rich rapidly. They and their households made social life most delightful. There was little pride of family or wealth. Men and women were welcomed everywhere on their merits.
The City of Worcester was the heart of one of the foremost agricultural counties in the country. The county stood fourth among American counties in the value of its agricultural products, and the proportion of the value of the product to the value of the lands. It was the spot on the face of the earth where labor got the largest proportion of the joint product of labor and capital. The farmers made an excellent living. They made excellent legislators, excellent town officers, excellent jurors, and excellent clients. I have been at some time or other in my life counsel for every one of the fifty-two towns in Worcester County. I had a large clientage among the farmers. In the intimacy of that relation I got a knowledge of the inmost soul and heart of a class of men who I think constituted what was best in American citizenship, a knowledge which has been a great educational advantage to me and valuable in a thousand ways in my public and professional life.
From the first of December, 1849, until the fourth of March, 1869, I was diligently employed in my profession, save for a single year's service in each house of the Massachusetts Legislature. But during all that time I kept a very zealous interest in political affairs. I was Chairman of the County Committee for several years, made political speeches occasionally, presided at political meetings, always attended the caucus and was in full sympathy and constant communication with the Free Soil and Republican leaders.
The Worcester Bar in my time afforded a delightful companionship. It was like a college class in the old days. My best and most cordial friends were the men whom I was constantly encountering in the courts. The leaders of the Bar when I was admitted to it,—Charles Allen, Emory Washburn, Pliny Merrick, Benjamin F. Thomas, Peter C. Bacon,—would have been great leaders at any Bar in the United States, or on any circuit in England. Study at a law school is invaluable to the youth if he is to rise in his profession; but there is no law school like a court-house when such men are conducting trials. The difficult art of cross-examination, the more difficult art of refraining from cross-examination, can only be learned by watching men who are skilled in the active conduct of trials.
The Supreme Court of Massachusetts at that day with Chief Justice Shaw at its head was without an equal in the country and not surpassed by the Supreme Court of the United States itself. I can conceive of no life more delightful than that of a lawyer in good health, and with good capacity, and with a sufficient clientage, spent in that manly emulation and honorable companionship.
The habit of giving dissenting opinions which has become so common both in the Supreme Court of the United States and of late in the Massachusetts Supreme Court did not then exist. If there were a division on an important question of law the statement of the result was usually "a majority of the Court is of opinion." That was all. I do not believe any court can long retain public confidence and respect when nearly all its opinions in important matters are accompanied by a powerful attack on the soundness of the opinion and the correctness of the judgment from the Bench itself. The Reporter of the Commonwealth of Massachusetts is, I believe, authorized to report the decisions of the court more or less at length at his discretion. If he would exercise that discretion by an absolute refusal to print dissenting opinions, except in a few very great and exceptional cases, he would have the thanks of the profession. It may be harder to put a stop to the practice in the Supreme Court of the United States. That will have to be done, if at all, by the good sense of the Judges. The recent opinions of the Court in what are known as the Insular Cases have shocked the country and greatly diminished the weight and authority of the tribunal. This was not because of public disapproval of the opinion of the Court. It was because upon one of the greatest questions of Constitutional law and Constitutional liberty that ever went to judgment, there could be found no single reason for the decision of the Court strong enough to convince any two judges.
The fact that I have been for nearly thirty-five years in public life, and likely to be, if I live, in public life a few years longer, is an instance of how—
The best laid schemes o' mice and menGang aft a-gley.
Down to the time I was admitted to the Bar, and indeed for a year later, my dream and highest ambition were to spend my life as what is called an office lawyer, making deeds and giving advice in small transactions. I supposed I was absolutely without capacity for public speaking. I expected never to be married; perhaps to earn twelve or fifteen hundred dollars a year, which would enable me to have a room of my own in some quiet house, and to earn enough to collect rare books that could be had without much cost. I can honestly say with George Herbert: "I protest and I vow I even study thrift, and yet I am scarce able, with much ado, to make one half year's allowance shake hands with the other. And yet if a book of four or five shillings come in my way, I buy it, though I fast for it; yea, sometimes of ten shillings."
But I happened one night in the autumn of 1850 to be at a great mass meeting in the City Hall, at Worcester, which Charles Allen was expected to address. It was the year of the Compromise Measures, including the Fugitive Slave Law, and of Daniel Webster's 7th of March speech. Judge Allen, as he was somewhat apt to do, came in late. A vast audience had gathered and were waiting. Nobody seemed ready to speak. Somebody started the cry, "Hoar! Hoar!" My father and brother were known as leaders in the Free Soil Party, and that I suppose made somebody call on me. I got up in my place in the middle of the hall in great confusion. There were shouts of "platform," "platform." I made my way to the platform, hoping only to make my excuses and get off without being detected. But the people were disposed to be good-natured, and liked what I said. Dr. Stone, the famous stenographic reporter, was present and took it down. It was printed in the Free Soil papers, and from that time I was in considerable demand as a public speaker. The coalition between the Free Soilers and Democrats carried the State of Massachusetts that year and elected Sumner Senator and Boutwell Governor. The next year Worcester failed to elect her representatives to the Legislature, which were voted for all on one ticket and required a majority, and there was to be a second election on the fourth Monday of November. There was a delegate convention to nominate representatives, of which I was a member. When the vote was announced, to my surprise and consternation, I was one of the persons nominated. Nobody had said a word to me about it beforehand. That was Friday night. I told the Convention I could not accept such a nomination without my father's approval. I was then twenty- five years old. It was proposed that the Convention adjourn until the next evening, and that meantime I should go down to Concord and see if I could get my father's leave. Accordingly the Convention adjourned to see if the infant candidate could get permission to accept. My father told me he thought that to go to the Legislature once would be useful to me in my profession; I should learn how laws were made, and get acquainted with prominent men from different parts of the State. So he advised me to accept, if I would make up my mind that I would go only for one year, and would after that stick to the law, and would never look to politics as a profession or vocation. I accepted the nomination, was elected, and was made Chairman of one of the Law Committees in the House.
I declined a reelection and devoted myself to my profession, except that I served in the Massachusetts Senate one year, 1857, being nominated unexpectedly and under circumstances somewhat like those which attended my former nomination. I was Chairman of the Judiciary Committee that year. I devoted all my time, day and even far into the night, to my legislative duties. I was never absent a single day from my seat in the House in 1852, and was absent only one day from my seat in the Senate, in 1857, when I had to attend to an important law suit. It so happened that there was a severe snow storm that day, which blocked up the railroads, so that there was no quorum in the Senate. I could not myself have got to the State House, if I had tried. I suppose I may say without arrogance that I was the leader of the Free Soil Party in each House when I was a member of it. In 1852 I prepared, with the help of Horace Gray, afterward Judge, who was not a member of the Legislature, the Practice Act of 1852, which abolished the common law system of pleading, and has been in principle that on which the Massachusetts courts have acted in civil cases ever since. I studied the English Factory legislation, and read Macaulay's speeches on the subject. I became an earnest advocate for shortening the hours of labor by legislation. That was then called the ten-hour system. Later it has been called the eight-hour system. I made, in 1852, a speech in favor of reducing the time of labor in factories to ten hours a day which, so far as I know, was the first speech in any legislative body in this country on that subject. My speech was received with great derision. The House, usually very courteous and orderly, seemed unwilling to hear me through. One worthy old farmer got up in his seat and said: "Isn't the young man for Worcester going to let me get up in the morning and milk my caouws."
When a member of the Senate in 1857, I was Chairman of the Judiciary Committee. I made a very earnest and carefully prepared speech against the asserted right of the jury to judge of the law in criminal cases. It is a popular and specious doctrine. But it never seemed to me to be sound. Among others, there are two reasons against it, which seem to me conclusive, and to which I have never seen a plausible answer. One is that if the jury is to judge of the law, you will have as many different laws as you have juries. There is no revision of their conclusion. They are not obliged to tell, and there is no way in which the court can know, what their opinion was. So a man tried on one side of the court-house may be held guilty, and another man tried on the other side of the court-house may be held innocent for precisely the same act.
The other reason is that the court must always decide what evidence shall be admitted. So if the jury are to be the judges of the law, one authority must determine what evidence they shall consider, and another determine what law shall be applied to it. For instance, suppose a defendant charged with homicide offers to prove certain facts which as he claims justify the killing. The Judge says these facts do not, under the law, justify the killing and excludes the evidence. That may be the real point in the case, and the jury may believe that those facts fully justify the homicide; still they cannot be permitted to hear them. It is preposterous to suppose that so logical and reasonable a system as the Common Law could ever have tolerated such an absurdity. My friend, Mr. Justice Gray of the United States Supreme Court, an admirable judge and one of the great judges of the world, in his dissenting opinion inSparf et al. v. U. S., 156, U. S. Reports, page 51, etc.,has little to say on this point, except that of course there must be some authority to regulate the conduct of trials.
I declined a reelection to the Senate. I was twice nominated for Mayor by the Republicans of Worcester, when the election of their candidate was sure; once by a Citizens' Convention, and once by a Committee authorized to nominate a candidate, and another year urged by prominent and influential citizens to accept such a nomination. But I preferred my profession. I never had any desire or taste for executive office, and I doubt if I had much capacity for it.
When Charles Allen declined reelection to Congress, in 1852, I have no doubt I could have succeeded him if I had been willing, although I was but twenty-six years old, only a year past the Constitutional age.
As I found myself getting a respectable place in the profession my early ambitions were so far changed and expanded that I hoped I might some day be appointed to the Supreme Court of the Commonwealth of Massachusetts. It seemed to me then, as it seems to me now, that there could be no more delightful life for a man competent to the service than one spent in discussing with the admirable lawyers, who have always adorned that Bench, the great questions of jurisprudence, involving the rights of citizens, and the welfare of the Commonwealth, and helping to settle them by authority. This ambition was also disappointed. I have twice received the offer of a seat on that Bench, under circumstances which rendered it out of the question that I should accept it, although on both occasions I longed exceedingly to do so.
Shortly after I was admitted to the Bar, good fortune brought me at once into the largest practice in the great County of Worcester, although that Bar had always been, before and since, one of the ablest in the country. Judge Emory Washburn, afterward Governor and Professor of Law at Harvard, and writer on jurisprudence, had the largest practice in the Commonwealth, west of Boston, and I suppose with one exception, the largest in the Commonwealth outside of Boston. He asked me to become his partner in June, 1852. I had then got a considerable clientage of my own. Early in 1853 he sailed for Europe, intending to return in the fall. I was left in charge of his business during his six months' absence, talking with the clients about cases in which he was already retained, and receiving their statements as to cases in which they desired to retain him on his return. Before he reached home he was nominated for Governor by the Whig Convention, to which office he was elected by the Legislature in the following January. So he had but a few weeks to attend to his law business before entering upon the office of Governor. I kept on with it, I believe without losing a single client. That winter I had extraordinarily good fortune, due I think very largely to the kindly feeling of the juries toward so young a man attempting to undertake such great responsibilities.
My professional life from January 1, 1850, until the 4th of March, 1869, was a life of great and incessant labor. When the court was in session I was constantly engaged in jury trials. Day after day, and week after week, I had to pass from one side of the court-house to the other, being engaged in a very large part of the important actions that were tried in those days. The Court had long sessions. The judges who came from abroad were anxious to get their work done and go back to their homes. So the Courts sat from half past eight or nine o'clock in the morning until six in the afternoon with an intermission of an hour, or an hour and a quarter, for dinner. The parties to the suits came from all over Worcester County. Frequently it was impossible to see the witnesses until the trial came on, or just before. So the lawyer had to spend his evenings and often far into the night in seeing witnesses and making other preparations for the next day. General Devens and I had at one term of the Supreme Court held by Chief Justice Bigelow twenty trial actions. The term resulted in a serious injury to my eyes and in my being broken down with overwork. So I was compelled to go to Europe the following year for a vacation.
But I found time somehow, as I have said, to keep up a constant and active interest in politics. I was also able to contribute something to other things which were going on for the benefit of our growing city. I got up the first contribution for the Free Public Library, of which I was made President. I took a great interest in the founding of the famous Worcester Polytechnic Institute, and I was the first person named in its Act of Incorporation. The first meeting of its Trustees was held in my office, and I am now the only surviving member of that Board, in which I have retained a warm interest ever since. In 1869 I made before the Massachusetts Legislature, on a petition which was successful for a legislative grant to that school, what I believe is the first public address ever made in behalf of Technical Education in this country. I was for some time President of the Board of Trustees of the City Library and while President planned the excellent reading room connected with the Library, for which I obtained a handsome endowment by personal solicitation.
I was also Trustee of Leicester Academy.
The Worcester Lyceum, which furnished the principal course of lectures in the city in those days, was in the hands of some very worthy and conservative old Whigs. They would not permit any politics or religion, or what was called Radicalism, either in religious or social matters, to be discussed on their platform. So we had to listen to very respectable and worthy, but rather dull and tame conservative gentlemen, or stay away, as we preferred. A few of the young men, of whom I was one, conspired to get possession of the Lyceum. They turned out in force for the election of officers, chose me President, and we got Wendell Phillips and Theodore Parker and Ralph Waldo Emerson and other shining lights of a newer philosophy, much to the indignation of the old Whig magnates. But the lectures were very successful, and at the end of my Presidency, which lasted two or three years, we had an ample balance in our treasury.
If I were to give an account of my professional life for twenty years, I must make another book. It was full of interest and romance. The client in those days used to lay bare his soul to his lawyer. Many of the cases were full of romantic interest. The lawyer followed them as he followed the plot of an exciting novel, from the time the plaintiff first opened his door and told his story till the time when he heard the sweetest of all sounds to a lawyer, the voice of the foreman saying: "The jury find for the plaintiff." Next to the "yes," of a woman, that is the sweetest sound, I think, that can fall on human ears.
I used to have eighteen or twenty law cases at the fall term each year. The judges gave their opinions orally in open Court, and the old judges like Shaw and Metcalf, used to enliven an opinion with anecdotes or quaint phrases, which lent great interest to the scene. If Walter Scott could have known and told the story of the life of an old Massachusetts lawyer from the close of the Revolution down to the beginning of the Rebellion, there is nothing in the great Scotch novels which would have surpassed it for romance and for humor.
I think I may fairly claim that I had a good deal to do with developing the equity system in the courts of Massachusetts, and with developing the admirable Insolvency system of Massachusetts, which is substantially an equity system, from which the United States Bankruptcy statutes have been so largely copied.
The great mass of the people of Massachusetts, Whigs and Democrats as well as Republicans, were loyal and patriotic and full of zeal when the war broke out. A very few of the old Whigs and Democrats, who were called "Hunkers" or "Copperheads," sympathized with the Rebellion, or if they did not, were so possessed with hatred for the men who were putting it down that they could find nothing to approve, but only cause for complaint and faultfinding. Andrew, the Governor, Sumner and Wilson, the Senators, most of the members of Congress, most of the leaders in the Legislature and in the military and political activities, were of the old Free Soil Party. There was a feeling, not wholly unreasonable, that the old Whigs had been somewhat neglected, and that their cooperation and help were received rather coldly. This feeling led to the movement, called the People's Party, which begun at a large public meeting in Cambridge, where my dear old friend and partner, ex-Governor Washburn, was one of the speakers. That party called a State Convention and nominated Charles Devens for Governor. Devens had been an old Whig. He had become a Republican in 1856, and had been one of the earliest to enlist in the War, in which he became afterward the most famous Massachusetts soldier. He was a man of spirit, very affectionate and generous, always ready to stand by his friends, especially if he suspected that anybody had treated them unjustly. The People's Party sent a Committee to the seat of war in September, 1862. The Committee found Devens in his tent, repeated to him the plans of his old Whig friends, and induced him to accept the nomination of the People's Party for Governor.
I was called to the battlefield of Antietam, where a near kinsman of mine had been mortally wounded, just about the same time. I entered Devens's tent just as this Committee was leaving it with his written acceptance in their hands. I told him the other side of the story, told him how the whole people were alive with enthusiasm, and that Governor Andrew was doing the very best possible, and that these petty jealousies, while there was some little reason for them, ought not to affect the public action of the people. Devens regretted very much what he had done. He told me that if he could recall the letter, he would do it. But it was too late.
Governor Andrew was triumphantly reelected, and Devens was ever after an earnest and loyal Republican.
In 1848, the Free Soil Party in Massachusetts nominated candidates for State officers. It was made up of Whigs, Democrats and members of the Liberty Party. It had made no distinct issue with the Whig Party upon matters of State administration. Governor Briggs, the Whig Governor, was a wise and honest Chief Magistrate, highly respected by all the people. But the Free Soil leaders wisely determined that if they were to have a political party, they must have candidates for State officers as well as National. It is impossible to organize a political party with success whose members are acting together in their support of one candidate and striving with all their might against each other when another is concerned. My father was urged to be the Free Soil candidate for Governor. Charles Francis Adams and Edmund Jackson visited him at Concord to press it upon him as a duty. Charles Allen wrote him an earnest letter to the same effect. But he was an old friend of Governor Briggs and disliked very much to become his antagonist. He looked to the Whig Party for large accessions to the Free Soil ranks. A large plurality of the people of the community were still devoted to that party. He doubted very much the wisdom of widening the breach between them by a conflict on other questions than that of slavery. So he refused his consent. Stephen C. Phillips, an eminent Salem merchant, and a former Member of Congress, was nominated. The result was there was no choice of State officers by the people, and the election of the Whig candidates was made by the Legislature.
The next year it occurred to the leaders of the Free Soil and Democratic Parties that they had only to unite their forces to overthrow the Whigs. The Free Soil leaders thought the effect of this would be the eventual destruction of the Whig Party at the North,—as afterward proved to be the case,— and the building up in its place of a party founded on the principle of opposition to the extension of slavery. So in 1849 there was a coalition between the Free Soil and the Democratic Parties in some counties and towns, each supporting the candidates of the other not specially obnoxious to them, neither party committing itself to the principles of the other party or waiving its own. In the fall of the next year, 1850, this policy was pursued throughout the State and resulted in the election by the Legislature of a Democratic Governor, Mr. Boutwell, and of Charles Sumner as the successor of Daniel Webster in the Senate. The experiment was repeated with like success in the fall of 1851.
These two parties had little in common. They could not well act together in State matters without some principle or purpose on which they were agreed other than mere desire for office and opposition to the Whig Party. They found a common ground in the support of a law providing for secrecy in the ballot. There had been great complaint that the manufacturers, especially in Lowell, who were in general zealous Whig partisans, used an undue influence over their workmen. It was said that a man known to be a Democrat, or a Free Soiler, was pretty likely to get his discharge from the employ of any great manufacturing corporation that had occasion to reduce its force, and that he would have no chance to get an increase of wages. I do not now believe there was much foundation for this accusation. But it was believed by many people at the time. So a law requiring secrecy in the ballot was framed and enacted in spite of great resistance from the Whigs. This has undoubtedly proved a good policy, and has prevailed in Massachusetts ever since, and now prevails largely throughout the country.
But this one measure was not enough to hold together elements otherwise so discordant. So the Democratic and Free Soil leaders agreed to call a convention to revise the Constitution of the Commonwealth, which had remained unchanged save in a few particulars since 1780. There had been a Convention for that purpose in 1820, made necessary by the separation of Maine. But the old Constitution had been little altered. The concentration of the population in large towns and cities had caused a demand for a new distribution of political power. Many people desired an elective judiciary. Others desired that the judges should hold office for brief terms instead of the old tenure for life. There was a great demand for the popular election of Sheriffs and District Attorneys, who under the existing system were appointed by the Governor. Others desired the choice of Senators, who had before been chosen by the several counties on a joint ticket, by single districts. A proposition for a Convention was submitted to the people by the Legislature of 1851. But the people were attached to the old Constitution. There was a special dread of any change in the independent tenure of the judiciary. So although the coalition had a majority in the State the proposition for a Constitutional Convention was defeated.
The scheme was renewed the next year in the Legislature of 1852, of which I was a member. Several of the Free Soilers, among which I was included, were unwilling to have the matter tried again without a distinct assurance that there should be no meddling with the judiciary. This assurance was given in the report of a joint committee of the Legislature to whom the matter was committed, consisting of the leaders of the Democratic and Republican parties, who reported that there was no purpose to change the judicial tenure with which the people were well satisfied. Accordingly I voted for it. The measure got a bare majority in the House which it would never would have had without that stipulation. The plan was submitted to the people again with a proposition that the choice of delegates to the Constitutional Convention should be by secret ballot. The people approved the plan by a substantial majority.
I have no doubt that the pledge above mentioned was made in good faith and that the men who made it meant to keep it. But before the Convention met two things happened which changed the conditions. The coalition was wrecked. There were two causes for its overthrow. One of them was the appointment by Governor Boutwell of Caleb Cushing to a seat on the Supreme Bench of Massachusetts. General Cushing was a man of great accomplishment, though never a great lawyer. He could collect with wonderful industry all the facts bearing on any historic question and everything that had been said on either side of any question of law. But he never had a gift of cogent argument that would convince any judge or jury. He owed his success in life largely to the personal favor of men who knew him and were charmed by his agreeable quality. He was regarded by the people of Massachusetts as a man without moral convictions and as utterly subservient to the slave power. So his appointment was a great shock to the Anti-Slavery men and made them believe that it was not safe to put political power in Democratic hands. General Cushing vindicated this opinion afterward by the letter written when he was Attorney- General in the Cabinet of President Pierce declaring that the Anti-Slavery movement in the North "must be crushed out," and also by a letter written to Jefferson Davis after the beginning of the Rebellion recommending some person to him for some service to the Confederacy. The discovery of this letter compelled President Grant who had been induced to nominate him for Chief Justice to withdraw the nomination. The other cause was the passage of the bill for the prohibition of the manufacture and sale of intoxicating liquors, known as the Maine law. This measure had passed the Legislature, containing a provision for its submission to the people. It was vetoed by Governor Boutwell. The reason assigned by him was his objection to the provision for its submission to the people, without the secret ballot. The referendum, a scheme by which men charged with political duties avoid responsibility by submitting to the people measures which they fear may be unpopular, —has never found much favor in Massachusetts. After many changes of sentiment, and after passing, modifying, and repealing many laws, the people of the Commonwealth seem to have settled down on a policy which permits each town or city to decide by vote whether the sale of liquor shall be permitted within their limits. The bill was then passed, without the reference to the people. But the measure sealed the fate of the coalition. Some of its provisions, especially that for seizing and destroying stocks of liquor kept for sale in violation of law, were very severe, and were held unconstitutional by the Court. The liquor sellers, almost all of them, were Democrats. They would not readily submit to a law which made their calling criminal.
So the Whigs were restored to power by the fall election in 1852. Their heads were turned by their success. They did not quite dare to repeal the law providing for a Constitutional Convention, but they undertook to repeal so much of it as required that the choice of delegates should be by secret ballot. The minority resisted this repeal with all their might. They alleged with great reason that it was not decent for the Legislature to repeal a provision which the people has expressly approved. But their resistance was in vain, and after a long and angry struggle which stirred the people of the Commonwealth profoundly the provision for the secret ballot was abrogated. But the result of the contest was that the Whigs were routed at the special election for delegates to the Convention. That body was controlled by the Coalition by a very large majority. Their triumph made them also lose their heads.
So when the Convention assembled in 1853, they disregarded the pledges which had enabled them to get the assent of the people to calling the convention, and provided that the tenure of office of the Judges of the Supreme Court should be for ten years only, and that the Judges of Probate should be elected by the people of the several counties once in three years. It is said, and, as I have good reason to know, very truly, that this action of the Convention was taken in consequence of a quarrel in Court between the late Judge Merrick and General Butler and Mr. Josiah G. Abbott, two eminent leaders of the Democrats, members of the Convention. They had neither of them agreed to the proposition to change the judicial tenure. They were absent from the convention for several days in the trial of an important cause before Merrick, and returned angry with the Judge and determined to do something to curb the independent power of the Judges. The proposition was adopted.
These schemes were a distinct violation of the pledge which had been given when the Legislature submitted to the people the proposition for calling the Convention. Of course it was a fair answer to this complaint to say that the members of the committee who made that report could in such a matter bind nobody but themselves. That was true. But I think if the men who signed that report, and the men who joined them in giving the assurance to the people, had been earnest and zealous in the matter it is quite likely they could have prevented the action of the Convention.
The scheme for a new constitution passed the Convention by a large majority and was submitted to the people. The Whig leaders, who seemed to have had all their wisdom and energy taken out of them when the Free Soilers left them, were much alarmed by the strength of the discontent with the existing order of things manifested by the coalition victory in the election of the Constitutional Convention. Many of them concluded that it would be unwise to resist the popular feeling. One Saturday afternoon during that summer I was in the office of Francis Wayland, a great friend of mine, long Dean of the New Haven Law School, when Henry S. Washburn, a member of the Whig State Central Committee, came into Wayland's office and told me he had just attended a meeting of the Committee that day and that it determined to make no contest against the new Constitution. The SpringfieldRepublican,then a Whig journal, had an article that day, or the following Monday, to the same effect. I was very much disturbed. I hurried to Concord by the first train Monday morning, and saw my brother, who was then a Judge of the Court of Common Pleas. He agreed with me in thinking that the proposed scheme of government a very bad one. He went at once to Cambridge and saw John G. Palfrey, a very able and influential leader of the Free Soilers. Mr. Palfrey agreed that the Constitution ought to be defeated, if possible. Judge Hoar and he sat down together and prepared a pamphlet, the Judge furnishing all the legal argument and Mr. Palfrey the rest, clothing it all in his inimitable style. It was published under Dr. Palfrey's name. Judge Hoar, being then upon the bench, did not think it becoming to take any more public action in the matter, although he made his opinion known to all persons who cared to know it. Charles Francis Adams and Marcus Morton also made powerful arguments on the same side. My father, Samuel Hoar, also made several speeches against the Constitution. At this defection of so many Free Soilers the Whig leaders took heart and made a vigorous and successful resistance.
The result was that the people voted down the whole constitution. Several of the most eminent leaders of the Free Soilers and Democrats separated themselves from their party and joined the Whigs in defeating it. Among them were Marcus Morton, formerly Governor and Judge of the Supreme Court; John G. Palfrey, who had been the Free Soil candidate for Governor; Charles Francis Adams, afterward member of Congress and Minister to England, and Samuel Hoar.
I was myself, at this time, an enthusiastic Free Soiler, and was, as I have said, Chairman of the Republican County Committee, but I joined the rebels against the dominant feeling of my party.
The defeat of the Constitution was aided, however, undoubtedly by a very just and righteous proposal which was submitted to a separate vote of the people, but which had its effect on the feeling in regard to the whole scheme, to prohibit the use of any money raised by taxation for sectarian schools. To this the Catholic clergy were opposed, and the Catholic vote, not however then very important in Massachusetts, was cast against the whole scheme.
But the Whigs did not entirely get over the feeling that something must be done to propitiate the desire for change. Accordingly they, through the Legislature, submitted to the people propositions for the election by the people of the counties of Sheriffs and District Attorneys who before that time had been appointed by the Governor. These proposals were ratified by the people and became part of the Constitution. I have always thought the change a bad one. I think the Governor likely to make quite as good if not a better choice of Sheriffs and District Attorneys than the people. But the objection to the new system is this. So long as the State makes the laws, the State, whether acting by a popular vote or through its executive, should have the power to enforce them and select the instrumentalities for that purpose. Now if the particular law which the State enacts be unpopular in a particular county, and the people be determined to defeat it, no Sheriff or District Attorney can be elected who will enforce it. That has been shown in the case of the legislation to prohibit or regulate the sale of intoxicating liquors in Suffolk County. Those laws have been always unpopular and since the change in the mode of appointment of District Attorneys and Sheriffs have not been enforced until they were modified to meet the popular objections. This difficulty applies also to the enforcing of laws for the employment of children in factories. The Legislature undertook to meet this difficulty by creating officials, called State Constables, to be appointed by the Governor and to enforce the liquor laws and the laws regulating child labor. But that did not wholly cure the evil. The officials appointed solely to enforce a law against which there are strong objections in any quarter are always themselves unpopular. The Sheriffs have been from the beginning officials of great dignity, commanding popular respect and confidence. So if it were difficult to enforce the law the character of the Sheriff was a great force on its side. But in the case of these particular laws persons of less dignity and authority, often quite obscure when they are appointed, whose whole duty is odious to the persons to be affected by it, instead of giving dignity to the law tend to make it unpopular by their attempts to enforce it. Indeed in my opinion the Massachusetts Constitution of 1780 was as nearly a perfect system of government as was ever devised. Some changes in it were made necessary by the separation of Maine. I suppose the abrogation of the provision that every man should pay a tax for the support of public worship somewhere was demanded by a public sentiment it would have been impossible to resist, and undoubtedly the aggregation of population in the large cities and towns required a change in the system of representation. But I think the old method of electing Senators, where it was necessary that a man should have a reputation through an entire county to be chosen, to be better than the system of electing them by small single districts, and I think the slight property qualification was highly useful as a stimulant to saving and economy.
It is, however, a great pity that the labors of this Constitutional Convention were wasted. It was a very able body of men. With the exception of the Convention that framed the Constitution in the beginning, and the Convention which revised it in 1820, after the separation from Maine, I doubt whether so able a body of men ever assembled in the Commonwealth of Massachusetts, or, with very few exceptions indeed, in the entire country. The debates, which are preserved in three thick and almost forgotten volumes, are full of instructive and admirable essays on the theory of constitutional government. Among the members were Rufus Choate, Charles Sumner, Henry Wilson, George N. Briggs, Marcus Morton, Marcus Morton, Jr., Henry L. Dawes, Charles Allen, George S. Hillard, Richard H. Dana, George S. Boutwell, Otis P. Lord, Peleg Sprague, Simon Greenleaf, and Sidney Bartlett.
There were a good many interesting incidents not, I believe, recorded in the report of the debates, which are worth preserving.
One was a spirited reply made by George S. Hillard to Benjamin F. Butler, who had bitterly attacked Chief Justice Shaw, then an object of profound reverence to nearly the whole people of the Commonwealth. Butler spoke of his harsh and rough manner of dealing with counsel. To which Hillard replied, pointing at Butler: "While we have jackals and hyenas at the bar, we want the old lion upon the bench, with one blow of his huge paw to bring their scalps over their eyes."
Hillard was an accomplished and eloquent man, "of whom," Mr. Webster said in the Senate of the United States, "the best hopes are to be entertained." But he lacked vigor and courage to assert his own opinions against the social influences of Boston, which were brought to bear with great severity on the anti-slavery leaders.
Hillard was not so fortunate in another encounter. He undertook to attack Richard H. Dana, and to reproach him for voting for a scheme of representation which somewhat diminished the enormous political power of Boston. She elected all her representatives on one ballot, and had a power altogether disproportionate to that of the country. He said, speaking of Dana: "He should remember that the bread he and I both eat comes from the business men of Boston. He ought not, like an ungrateful child, to strike at the hand that feeds him." Dana replied with great indignation, ending with the sentence: "The hand that feeds me—the hand that feeds me, sir? No hand feeds me that has a right to control my opinions!"
Abon motof Henry Wilson is also worth putting on record. Somebody, who was speaking of the importance of the Massachusetts town meeting, said that it was not merely a place for town government alone, but that it was a place where the people of the town met from scattered and sometimes secluded dwelling- places to cultivate each other's acquaintance, to talk over the news of the day and all matters of public interest; and that it was a sort of farmers' exchange, where they could compare notes on the state of agriculture, and even sometimes swap oxen. Governor Briggs, who had been beaten as a candidate for reelection by the Coalition, replied to this speech and said, referring to the Coalition, "that the gentlemen on the other side seemed to have carried their trading and swapping of oxen into politics, and into the high offices of the state." To which Henry Wilson answered, referring to Briggs's own loss of his office, "that so long as the people were satisfied with the trade, it did not become the oxen to complain."
Undoubtedly the ablest member of the Convention was Charles Allen. He spoke seldom and briefly, but always with great authority and power. Late in the proceedings of the Convention a rule was established limiting the speakers to thirty minutes each. Hillard, who was one of the delegates from Boston, made a very carefully prepared speech on some pending question. Allen closed the debate, making no reference whatever to Hillard's elaborate and most eloquent argument, until he was about to sit down, when he said: "Mr. President, I believe my time is up?" The President answered: "The gentleman from Worcester has two minutes more." "Two minutes!" exclaimed Allen. "Time enough to answer the gentleman from Boston." And he proceeded in that brief period to deal a few strokes with his keen scimitar, which effectually demolished Hillard's elaborate structure.
There is nothing in the political excitements of recent years which approaches in intensity that of the period from 1848 until the breaking out of the War. The people of Massachusetts felt the most profound interest in the great conflict between slavery and freedom for the possession of the vast territory between the Mississippi and the Pacific. But almost every man in Massachusetts felt the Fugitive Slave Law as a personal dishonor. I think no great public calamity, not the death of Webster, not the death of Sumner, not the loss of great battles during the War, brought such a sense of gloom over the whole State as the surrender of Anthony Burns and of Sims. Worcester, where I dwelt, was the centre and stronghold of the anti-slavery feeling in Massachusetts. This odious statute was, perhaps, the greatest single cause of the union of the people of the North in opposition to the further encroachments of slavery. Yet but two slaves were taken back into slavery from Massachusetts by reason of its provisions. I will not undertake to tell the story of those years which will form an important chapter in the history of the country. But I had a special knowledge of two occurrences which are alluded to by Colonel Higginson in his charming essay entitled, "Cheerful Yesterdays," in regard to which that most delightful writer and admirable gentleman has fallen into some slight errors of recollection.