It is said that this reconstruction policy has been a failure. Undoubtedly it has not gained all that was hoped for it by its advocates. But looking back now I do not believe that any other policy would have done as well as that has done, although a large part of what was designed by the Republican leaders of the period of reconstruction never was accomplished.
A complete system of education at the National charge was an essential element of the reconstruction policy. It was earnestly advocated by Sumner and by Grant and by Edmunds and by Evarts. But there were other Republicans of great influence who resisted it from the beginning. Among these was Senator Eugene Hale of Maine, a very accomplished Senator, an able debater and a man of large influence with his colleagues. His public life has been one of great distinction and usefulness. While an earnest partisan he has given an example of independence of action on several notable occasions. But he always seemed to be possessed by what seems to prevail among the Republicans of Maine to a great extent, dislike for what is called sentimental politics. Mr. Hale always seemed to think that the chief function of Congress was to provide for an honest, economical, wise and at the same time liberal public expenditure, to keep in the old paths and leave other matters alone. He dislikes new doctrines and new policies. He is specially adverse to anything like legal restraint. He once in my hearing used a very felicitous phrase, full of wisdom, "Government by good nature." John Sherman, who had originally been an earnest advocate of a liberal National expenditure for education, joined the ranks of its opponents, putting his opposition largely on the ground that he was unwilling to trust the Southern states with the expenditure of large sums of money. He feared that the money would not be fairly expended, as between the two races, and that it would be made a large corruption fund for political purposes.
So this most essential part of the reconstruction policy of Sumner and Grant never took effect. Mr. Sumner deemed this matter vital to success. He told me about a week before his death that when the resolution declaring the provision for public education at the National charge an essential part of the reconstruction policy, was defeated in the Senate by a tie vote, he was so overcome by his feelings that he burst into tears and left the Senate Chamber.
Another part of the Republican plan for reconstruction was never accomplished. That was the securing of a fair vote and a fair ascertainment of the result in National elections by National power. Some partial and imperfect attempts were made to put in force laws intended to accomplish this result. They never went farther than enactments designed to maintain order at the polls, to secure the voter from actual violence, and to provide for such scrutiny as to make it clear that the vote was duly counted and properly returned, with a right of appeal to the Courts of the United States in case of a contest, the decision of the Court to be subject to the final authority of the House of Representatives. These laws, although they had the support of eminent and zealous Democrats and although they were as much needed and had as much application to the Northern cities as to the Southern States, were the object of bitter denunciation from the beginning. Good men in the North listened with incredulity to the narrative of well established facts of cruelty and murder and fraud. These stories were indignantly denied at the time, although they are not only confessed, but vauntingly and triumphantly affirmed now. The whole country seems to be made uneasy when the old practice to which it had been accustomed everywhere of having offences tried by a jury taken by lot from the people of the neighborhood, and the result of election ascertained by officers selected from the bystanders at the polls, is departed from. Besides, no strictness of laws which provide only for the proceedings at the elections will secure their freedom if it be possible to intimidate the voters, especially men like the colored voters at the South, from attending the elections, by threats, outrages and actual violence at their homes. Against these the election laws could not guard. Congress attempted some laws to secure the Southern Republicans against such crimes under the authority conferred by the Fourteenth Amendment to the Constitution. But the Supreme Court held that these laws were unconstitutional, it not appearing that the States had by any affirmative action denied protection against such offences to any class of their citizens by reason of race, color, or previous condition. It was idle to expect Southern jurors, or State officers to enforce the law against such crimes in the condition of sentiment existing there.
Further, the people of the North would not maintain the Republican Party in power forever on this one issue alone. They were interested in other things. They could not be expected, year after year, election after election, and perhaps generation after generation, to hold together by reason of this one question, differing on other things. So whenever the Democratic Party should come into power it was apparent that all the vigor would be taken out of the election laws. If there be not power to repeal them the House of Representatives can always refuse to make the appropriation for enforcing them. So it became clear to my mind, and to the minds of many other Republicans, that it was better to leave this matter to the returning and growing sense of justice of the people of the South than to have laws on this subject passed in one Administration, only to be repealed in another. A policy to be effective must be permanent. I accordingly announced in the Senate after the defeat of the Elections Bill in 1894 that in my judgment it would not be wise to renew the attempt to control National election by National authority until both parties in the country should agree upon that subject.
We should have had little difficulty in dealing with the Negro or the Indian, or the Oriental, if the American people had applied to them, as the Golden Rule requires, the principles they expect to apply and to have applied to themselves. We have never understood that in some essential matters human nature is the same in men of all colors and races. Our Fathers of the time of the Revolution understood this matter better than we do. The difficult problems in our national politics at this hour will nearly all of them be solved if the people will adhere to rules of conduct imposed as restraints in the early constitutions. The sublimity of the principle of self- government does not consist wholly or chiefly in the idea that self is the person who governs, but quite as much in the doctrine that self is the person who is governed. How our race troubles would disappear if the dominant Saxon would but obey, in his treatment of the weaker races, the authority of the fundamental laws on which his own institutions rest! The problem of to-day is not how to convert the heathen from heathenism, it is how to convert the Christian from heathenism; not to teach the physician to heal the patient, but to heal himself. The Indian problem is not chiefly how to teach the Indian to be less savage in his treatment of the Saxon, but the Saxon to be less savage in his treatment of the Indian. The Chinese problem is not how to keep Chinese laborers out of California, but how to keep Chinese politics out of Congress. The negro question will be settled when the education of the white man is complete.
We make every allowance for ourselves. We expect mankind to make every allowance for us. We expect to be forgiven for our own wrong-doing. We easily forgive our own white fellow citizens for the unutterable and terrible cruelties they have committed on men of other races. But if a people just coming out of slavery or barbarism commit a hundredth part of the same offence our righteous indignation knows no bounds. We have no recognition for their eager desire for civilization or for liberty, no generous appreciation of their improvement and promise. And the thousand things in them that give promise of good in the future are disregarded if there be any trace left in them of the old barbarism.
Has Reconstruction been a failure? Let us see about that. We must remember that the relations of the black and white races to each other, which have existed almost from the foundation of the world, cannot be changed in a single generation. It is but thirty-three years since General Grant and the two Houses of Congress, in political accord with him and with each other, took possession of the Government. That possession has been interrupted more than once. It is but forty years since slavery was abolished. It is less than thirty years since the last of the three great Amendments to the Constitution took effect. What has happened in that time? Slavery has been abolished. That is not a failure. The negro owns his right to his own labor. He cannot be separated from his wife or children. He is not prevented by law from learning to read the Bible. These things are not failures. He can own land. He has schools and colleges. The young colored man is received as an equal into nearly every Northern college and university. He has frequently taken the highest university honors. I suppose he does not know, from the behavior of his companions, that they think of the difference between the color of his skin and theirs. His right to vote is secure in thirty-four of the forty-five States of the Union. So far, there has been no failure. When the Civil War broke out, there were fifteen slave States and sixteen free States. In Maryland, Delaware, and West Virginia the negro seems to have his place now like other citizens. The same thing probably is true in St. Louis, and likely to be true before long throughout Missouri. There are thirty States out of forty-five, and there will before long probably be thirty-five out of fifty in which the old race feeling, growing out of slavery has never got a hold. The old race-hatred of the negro is getting into a corner. So far reconstruction has not been a failure.
Two things are not yet accomplished. There are eleven States in which the negro is not yet secure in his political rights; and there are as many, and perhaps two or three more, in which if he be suspected of a crime of the first magnitude, he is likely to undergo a cruel death, without a trial. That would have been quite as likely, indeed a good deal more likely to have happened, if the reconstruction measures had never been enacted.
It is a bad thing that any man who has the Constitutional right to vote should fail to have his vote received and counted. But I think it is a fair question whether the existence of this condition throughout so large a country, with the prospect that slowly and gradually as the negro improves he will get his rights, be not better than the alternative which must have been his reduction to slavery again, or what is nearly as bad, a race of peons in this country. That is the question into the answer of which so much prejudice enters that it is hardly worth while to reason about it. My opinion is that as the colored man gets land, becomes chaste, frugal, temperate, industrious, veracious, that he will gradually acquire respect, and will attain political equality. Let us not be in a hurry. Evils, if they be evils, which have existed from the foundation of the world, are not to be cured in the lifetime of a single man. The men of the day of reconstruction were controlled by the irresistible logic of events; by a power higher than their own. I could see no alternative then, and I see no alternative now, better than that which was adopted.
The career of a Member of either House of Congress is determined, except in rare cases, by his assignment to Committees. In the House that is wholly dependent on the favor of the Speaker. In the Senate those assignments are made by Committees of the two parties, chosen for the purpose, who first agree on the representation to be assigned to each. After the Senator has been assigned to a Committee he remains there unless he himself desire a change, and if the Members older in the service retire he succeeds in the end to the Chairmanship of the Committee. There has been no instance of a departure from this rule, except when there is a change in the political control of the body, and no instance of deposing a Member from a Committee without his consent, except the single and well-known case of Mr. Sumner.
I was always on friendly terms with Mr. Blaine during my entire service of eight years in the House of Representatives. But I owed nothing to any favor of his in the matter of Committee assignments. When I entered the service I was put on the Committee of Education and Labor and on the Committee of Revision of the Laws, both obscure and unimportant. In my second term I served a little while on the Committee on Elections. I was also placed on the Committee of Railroad and Canals. I was made Chairman of a special Committee to visit Louisiana and inquire into the legality of what was called the Kellogg Government and report whether Governor Kellogg or his Democratic rival should be recognized as the lawful Governor of Louisiana. I was afterward placed on the Judiciary Committee, a position of great honor, which I liked very much.
With the exception of the last none of these appointments had any attraction for me. They were all out of the line of my previous experience in life and the service they required of me was disagreeable. I was placed on the Committee on the Judiciary by Mr. Speaker Kerr, a Democrat. Mr. Blaine at this time very earnestly pressed Mr. Martin I. Townsend of New York for the place. I do not conceive that I had any right to complain of Mr. Blaine in this matter. I never made any request of him for any appointment within his gift and he was beset behind and before by the demands of men he was unable to gratify, to many of whom he conceived himself under great obligation. It should be stated too that in Mr. Blaine's time the Members from Massachusetts older in the service than myself had very important places indeed. So it was hardly just to increase the number of important Committee appointments from our State.
But it happened to me by great good fortune that I had an opportunity, of which I was very glad, to accomplish something by reason of my place on each Committee on which I served, which I could not have accomplished without it.
An amusing piece of good fortune happened to me at the beginning of my service. I was placed, as I said, on the Committee on the Revision of the Laws. My law practice had been in the interior of the Commonwealth. So I had little knowledge of United States jurisprudence. I determined in order to fit myself for my new duties to make a careful study of the statutes and law administered in the United States Courts. I took with me to Washington a complete set of the Reports of the Supreme Court of the United States and purchased Abbott's Digest of those decisions, then just published. The first evening after I got settled I spent in reading the opinions of the Supreme Court. I took the Digest beginning with the letter A, reading the abstracts, and then reading the cases referred to. I got as far as Adm and read the cases relating to admiralty practice. The next morning the Speaker announced his Committees and the House adjourned. After the adjournment, Judge Poland, Chairman of the Committee on the Revision of the Laws, called the Committee together and laid before them a letter he had just received from Mr. Justice Miller of the Supreme Court, asking for a change in the law in regard to monitions for summoning defendants in Admiralty. The change had been made necessary by some recent decisions of the Court. The other members of the Committee looked at each other in dismay. None of them was familiar with the question, or knew at all what it was all about. I then stated to them the difficulty, giving them the names of the cases and the volumes where they were found. They were all quite astonished to find a man from the country, of whom probably none of them had ever heard before, having the law of Admiralty at his tongue's end. If the question had related to anything in the Digest under Adr, or anything thereafter, I should have been found probably more ignorant than they were. But Judge Poland took me into high favor, and I found his friendship exceedingly agreeable and valuable. I do not remember that the Committee on the Revision of the Laws had another meeting while I belonged to it.
I was also, as I have said, put on the Committee of Education and Labor. The Bureau of Education had been lately established and the Commissioner appointed. But the office was exceedingly unpopular, not only with the old Democrats and the Strict Constructionists, who insisted on leaving such things to the States, but with a large class of Republicans. A very zealous attack was made on the Bureau, led by Mr. Farnsworth of Illinois, and by Cadwallader C. Washburn, a very able and influential Republican from Wisconsin. The Committee on Appropriations, of which my colleague, Mr. Dawes, was Chairman, reported a provision for abolishing this Bureau. Mr. Dawes, himself, however, dissented. The Republicans on the Committee of Education and Labor took up the cudgels for the Bureau. We beat the Committee of Appropriations. The result of the strife was that the Bureau was put on a firmer footing with a more liberal provision, and it has since been, under General Eaton and Dr. Harris, the accomplished and devoted Commissioners, of very great and valuable service to the country.
That led me to give special study to the matter of National education. I introduced a bill for establishing an education system by National authority in States which failed to do it themselves. Later, I introduced and carried through the House a measure for distributing the proceeds of the public land and sums received from patents and some other special funds, among all the States in aid of the common schools. This bill passed the House, but was lost in the Senate mainly because Senator Morrill of Vermont, a most excellent and influential statesman, insisted that the money should go to the agricultural colleges, in which he took great interest, and not to common schools. Later when I became a member of the Senate I succeeded in getting a like measure twice through the Senate. But it failed in the House. So the two Houses never agreed upon it. But the movement and discussion aroused public attention throughout the country and were of great value.
While I was on that Committee, I think during my second term, there was referred to it a bill to rebuild William and Mary College in Virginia. The principal building of that College had been destroyed by fire. The Union and Rebel forces had fought for possession of it. It had been held by the Union soldiers and a court martial was sitting there when it was attacked by the other side and the Union men driven out, and the insurgents held the building for a few hours. They abandoned it very soon. But before the Union soldiers had got back in force some stragglers set fire to the building. It was totally destroyed.
William and Mary was the oldest college in the country, except Harvard. It numbered among its children many famous statesmen, including Jefferson, Marshall, Peyton Randolph, and Monroe. Washington was its Chancellor for twelve years. Its graduates loved it ardently. I came to the conclusion that it would tend very much to restore the old affectionate feeling between the States to rebuild this College without inquiring too strictly into the merits of the case, as tested by any strict principle of law. I accordingly reported and advocated a bill for appropriating sixty or seventy thousand dollars to rebuild the College. Afterward, when on the Committee of Claims in the Senate, I advocated extending the same principle to all colleges, schools and other institutions of education and charity destroyed by the operations of the War without regard to the question who was in fault. This policy was, after a good deal of opposition and resistance, successfully carried out.
But the William and Mary College Bill was reported at the time when the passions excited by the War were still burning in the breasts of many Republican statesmen. The measure was received with derision. I was hardly allowed to go on with my speech in order, and the ordinary courtesy of a brief extension of time to finish it was refused amid great clamor. But I got the Bill through the House the next winter. I had a powerful ally in Mr. Perce of Mississippi, a Northern soldier, who had settled in that State after the War. It was not considered in the Senate. The measure was renewed again later in the House. But it was bitterly attacked by Mr. Reed of Maine, afterward Speaker, and defeated. Afterward I succeeded in getting it through the Senate when the Democrats had possession of the House, during the Administration of President Harrison, and it became a law.
I have been assured by many Southern men that that measure, and the report and speech in which I advocated it, had a very strong and wide influence in restoring good feeling toward the Union in the minds of the people of Virginia. Several of the graduates of William and Mary who afterward became Republicans have assured me of this with great emphasis. I was much pleased to get the following letter from Governor Henry A. Wise, the eminent Virginia statesman, who was, with two or three exceptions, the most powerful and influential advocate of secession in the South.
RICHMOND VAFeby 13th 1872.HON MR HOAROF MASSTS.
Honored Sir.
I write for no reason but one of pure feeling of respect— not even for a reply. I am a visitor of Wm and Mary College —truly of the most venerable of the "Mothers of Thought" —and have read your excellent appeal to the H. Reps: in her behalf. It was worthy of that Grand old Comth, Massts, the elder sister of this once glorious Comth, which hailed her heartily in the Night of Revolution against Tyrrany. It was worthy of sweet memories—worthy of Letters—it was pious and patriotic. Let me just add a sentence more, to say that if Rebellion and Sectional Hate are to be eradicated— and I hope they are—that is the way to do it.Your speech & the passage of such bills, catholic in every sense of love & charity, will do more to heal our Country's wounds than all the caustic of reconstruction which can be applied.
With unaffected gratitude for your Speech, I pray you will not pause upon it, but keep the bill to its passage through both Houses of Congress. I know you would if you could see the destitution of instruction, and the poverty which cant pay for it, on the Consecrated peninsula of Jas Town, York Town, and Williamsburg. Ah! tear down every parapet of War— cruel War, wanton war call it if you will—but for the Past, for Piety's sake, for Learning and Moral's sake let Old Wm & Mary stand a Beacon Light for the guide of the Future.
Very sincerelyYrsHENRY A. WISE
Governor Wise had a very conspicuous career in the United States House of Representatives. He was a very zealous supporter of the Southern doctrine before the War. He was regarded as a good deal of a fire eater. He was Governor of Virginia when John Brown was executed. But in spite of the horror and indignation that the people of the South felt for John Brown's raid he did full justice to the heroic quality of the man. He declared him "the gamest man" he ever saw.
I served in my second term on the Committee on Elections under the Chairmanship of George W. McCrary. Election cases in the House up to that time were, as they always were in the English House of Commons and as they have been too often in the Senate, determined entirely by party feeling. Whenever there was a plausible reason for making a contest the dominant party in the House almost always awarded the seat to the man of its own side. There is a well-authenticated story of Thaddeus Stevens, that going into the room of the Committee of Elections, of which he was a member, he found a hearing going on. He asked one of his Republican colleagues what was the point in the case. "There is not much point to it" was the answer. "They are both damned scoundrels." "Well," said Stevens, "which is the Republican damned scoundrel? I want to go for the Republican damned scoundrel."
We had a good many contests. But the Committee determined to settle all the questions before it as they would if they were judges in a court of justice. The powerful influence of Mr. McCrary, the Chairman, aided largely to bring about that result. The Democratic minority soon discovered that we were sincere and in earnest. They met us in a like spirit. I believe the Committee on Elections during that Congress reported on every case with absolute impartiality, and the House followed their lead. I formed a very pleasant friendship on that Committee with Judge William M. Merrick, a Maryland Democrat, who had made himself very much disliked by the Republican authorities during the War because of his supposed sympathy with Rebellion. I do not think he sympathized with the Rebellion. But he construed the Constitution very strictly and was opposed to many measures of the Administration. He was nominated by President Cleveland to be Judge of the Supreme Court of the District of Columbia. The Judiciary Committee of the Senate reported against him, putting their objection on the ground of the conduct imputed to him during the War, and also of his age. He was then sixty-seven years old. I dissented from the Committee, of which I was a member, and I exerted myself with all my might to secure his confirmation, and was successful. He made a most admirable Judge, and my action was abundantly vindicated by the result.
I have taken special satisfaction in two reports which I made for that Committee. I have a right to say that I dealt with the subjects with the same freedom from bias or prejudice with which it would have been my duty to give to the question if I had been sitting on the Bench of the Supreme Court of the United States.
The case of Cessnavs.Myers was perhaps the most interesting and important of those in which I made a report for the Committee. John Cessna had served the State of Pennsylvania for several terms. He was a very popular and eminent Republican member. According to the returns, Myers, his adversary, had a majority of 14. Cessna showed beyond question, and his antagonist admitted, that more than 14 illegal votes were cast for Myers. On the other hand Myers claimed that there were many illegal votes cast for Cessna, the evidence of which, so far as appeared, came to his knowledge first when introduced in the case. When the evidence was taken Cessna claimed to have evidence that 328 illegal votes were cast for Myers, and that ten legal votes, cast or offered for him, were rejected. On the other hand the sitting member claimed that there were 341 votes illegally thrown for the contestant, and of those Cessna admitted that 81 had proved to be illegal. So the Committee were obliged to examine by itself the evidence in regard to the right to vote of each of several hundred persons.
The case turned finally on some very interesting questions of the law of domicile. It appeared that a considerable number of persons who were entitled to vote, if they were resident of the district where they voted, were workmen employed in the construction of a railroad. They had come from outside the district for that purpose alone, and had no purpose of remaining in the district after the railroad should be completed, and meant then to get work wherever they could find it, there or elsewhere. There were also a number of votes cast by students who had gone to college for the purpose of getting an education, having no design to remain there after their studies terminated. Still another class of voters whose right was in dispute, were the paupers abiding in the public almshouse, and maintained in common by a considerable number of townships and parishes. These paupers voted in the district where the almshouse was situated, although it was not the district of their domicile or residence when they were removed to it.
The Committee held in the case of the laborer,—in spite of the very earnest contention to the contrary, that if the laborer elected in good faith when he came into the district to make it his legal residence, it became his legal residence, even if he intended to leave it and get another after his job was done.
We applied a like doctrine to the case of the students, holding that a student of a college, being personally present in any district, had the right if he so desired, to take up his abode there, and make it by his election his legal residence for a fixed and limited time.
The question of the paupers we left undecided, as it turned out that whichever way it were decided, Mr. Cessna had not overcome his opponent's legal majority.
We also decided an Arkansas case where the title to his seat of a well known Republican member of Congress was at stake, in favor of his Democratic contestant.
I was somewhat gratified in the midst of a storm of vituperation which I had encountered for some political action of mine, in which I was charged by almost the entire Democratic press of the country with being a bitter partisan to find two Democratic gentlemen who had owed their seats to the impartiality of the Committee on Elections, coming very zealously to the rescue.
I served also from 1873 to 1875 on the Committee on Railroads and Canals. I have no recollection of doing anything on that Committee, except aiding in reporting a bill for the regulation by National authority of railroads engaged in interstate commerce, in defence of which I made a very elaborate speech. But I was able to secure the passage of one very interesting and important measure. James B. Eads, the famous engineer, architect of the great St. Louis bridge, had a plan for opening to commerce the mouth of the Mississippi River by a system of jetties. He had submitted his plan to the Board of Engineers appointed by the War Department. But he could get no encouragement, and of the twenty members of that Board, only one, General Barnard, the President, looked with any approval upon his scheme. The Board thought that a very long and costly canal was the only method of securing a water-way which would enable ocean steamers to reach New Orleans, and the product of the Mississippi valley to be carried to Europe that way. Captain Eads appeared before the Committee on Railroads and Canals and urged his scheme in a speech of great interest and ability. The Committee adjourned for a week. They were to take up the question at the next meeting. The vote was unanimous against Mr. Eads's Bill. When the Committee came out of their room he was waiting outside the door to learn his fate. I saw the look of disappointment and despair on his face when he was told of the vote. I asked him to come with me into another room, which he did. I told him that I was satisfied from what I had heard that his plan was a good one, although I had voted against it with the rest of the Committee. It seemed to me that it would be presumptuous in me, having no special knowledge in such matters, to go against the practically unanimous report of the United States Board of Engineers. But I said: "Captain Eads, can you not frame a bill, which will provide that you shall not have any money from the Treasury for your work until you have accomplished something. If you deepen the channel of the river a foot that will have done some good. Suppose you provide that when you have deepened the river a certain number of feet you shall have so much of your pay, when it is deepened further so much more, and so on until the work is done." Captain Eads eagerly caught at the plan. He said that he was willing to do it, and that he was perfectly willing that his getting his pay should depend upon the certificate of the engineers of his having accomplished the result. He agreed to have a bill drawn on that principle. He brought it to me afterward. I went over it very carefully, inserting some additional securities for the Government. I then took it to the next meeting of the Committee, moved a reconsideration of the vote of the previous week. That was carried by a bare majority of one vote. I then moved the new bill as a substitute for the old one. It was adopted. The bill passed the House and Senate under which the Eads jetties were constructed and vessels drawing over twenty- eight feet of water passed freely up and down to and from New Orleans. The depth before that time, I think, had been twelve feet. Captain Eads afterward sent me a beautifully bound copy of the history of the Eads's jetties with an inscription certifying to the facts I have stated, in his own handwriting. I told this story afterward at a meeting of the business men of Boston. Mr. Corthell who happened to be present made a speech after I got through. He is himself a very eminent water engineer. He said that he was associated with Captain Eads at the time and had often heard Captain Eads tell the story.
Captain Eads afterward had a scheme which always seemed to me very feasible for a ship-railway across the Isthmus of Tehuantepec. His project was to construct a railway with a sufficient number of tracks, and to raise ships of the largest size on the principle applied in locks of ordinary canals. He had a contrivance made of stout beams which would hold and support a loaded vessel to which it was adjusted. The beams were to operate something like the keys of a piano, and the whole operation was something like that by which hatters measure and record the shape of a man's head. This plan received the hearty commendation of some very eminent engineers, including Major Reed of England, the highest authority of such subjects, the constructor of the dry docks at Malta. The scheme had a good many supporters in Congress. I think it would have been adopted but for Captain Eads's premature death.
Rather a singular coincidence took place when I was interesting myself in this matter which possibly may be not too trivial to record. One Thanksgiving morning I received by express a beautiful copy of Wordsworth, which I had bought in Boston the day before. Just as I was opening it the morning mail was brought in. I opened the book at random and turned to Wadsworth's poem, "The Highland Broach." My eye caught the following lines:
Lo! Ships from seas by nature barred,Mount along ways by man prepared;Along far stretching vales, whose streamsSeek other seas, their canvas gleams,And busy towns grow up on coastsThronged yesterday by airy ghosts.
I turned by eye from these verses to the mail in which was a copy of a New York illustrated journal containing an account of the Eads ship-railway.
The inscription in Eads's "History of the Jetties," above referred to, is as follows:
To Hon. George F. Hoar, who, as a member of the House Committee which matured the Jetty Act, prepared thefirst reportin its favor, this book is presented; with the assurance that his unfaltering support of the enterprise through all its struggles, entitled him to a prominent place among the statesmen to whom the producers in the Valley of the Mississippi are most largely indebted.
JAS B. EADSWashington, D. C.,February1881
I had the pleasure of receiving a telegram from New Orleans shortly after the completion of the jetties saying that a loaded steamer, drawing between twenty-seven and twenty-eight feet of water, had safely passed through them to New Orleans.
The Commission appointed by the Government insisted upon having the jetties constructed at the south pass of the Mississippi River. This Captain Eads strenuously resisted and urged the superiority of the southwest pass for the purpose. The House when it passed the jetty bill adopted Mr. Eads's plan. But the Senate insisted on taking the opinion of the Commission, much to his distress. The Senate was firm, and the House was obliged to yield. I think everybody now agrees that Eads was right, and that the scheme would have been perfectly successful, and would have continued to perform all that was desired of it, if his counsel had been taken. As it is, the jetties have been of great value and well worth their cost. But it will probably be necessary some time to construct a similar work in the southwest pass.
During my first term in the House on the Committee on Education and Labor I had the important duty of investigating the conduct of the Freedman's Bureau and other charges made against General Oliver O. Howard. I wrote nearly the whole of the report, all of it containing the arguments of the Committee, and the summing up of the evidence. A few passages are by the Chairman, Mr. Arnell. The Freedman's Bureau was established to aid the colored people who had been suddenly emancipated by President Lincoln's Proclamation, to attain a condition where they could get their living in comfort, and their children could be educated. General Howard, a very eminent officer in the Civil War, afterward at the head of the Army, was a man singularly fitted for this duty. He was profoundly religious, absolutely incorruptible, a man of very kind heart, not afraid to break out new paths, apt to succeed in all his undertakings, a lover of Liberty and thoroughly devoted to his work. The resources at his command were the unclaimed pay of the negro soldiers and some other sums specially granted from the Treasury. But the work was one entirely different from anything which had been accomplished by government agency in the country before. He purchased tracts of land, which were divided into building lots, which were sold to the colored people. Money was advanced to them to build houses, the Freedman's Bureau taking a mortgage as security. The Bureau endowed Howard University, of which General Howard was made President. A large Congregational Church was built in Washington with moneys advanced by the Bureau, the religious society giving its bonds at seven per cent. for which the structure was ample security. General Howard had incurred the bitter animosity not only of the enemies of the negro race, who disliked the whole object for which the Bureau was founded, but of other persons whom he had offended. I believe in no instance was there any loss to the Government, or to the fund in his charge. He was able to establish in comfortable homes, and to educate and to provide work for many thousand freedmen who had flocked to Washington during the disturbed period immediately following emancipation. After a thorough investigation, where the prosecution was conducted by Fernando Wood, a very distinguished and able Representative from New York, formerly Mayor of the City, General Howard was completely exonerated by the report of the majority of the Committee. The report was accepted by the House.
In 1873 I visited Louisiana, as Chairman of a special committee raised for the purpose of inquiring into the conditions there, and ascertaining which of two rival State governments was the lawful one. The investigation disclosed a terrible story of murder, brutality and crime. I made the report, signed also by Mr. Wheeler, afterward Vice-President, and Mr. Frye, now Senator and President pro tempore of the Senate. It told the dreadful story of these things with absolute truth and fidelity. It is not worth while to revive these memories now. But at the same time I endeavored to do full justice to the better qualities of the Southern people and to explain how it happened that men otherwise so honorable and brave and humane could be led by the passions of a political warfare and race prejudice to commit such offences. Mr. Lamar, of Mississippi, one of the most brilliant and able statesmen of his time, sought an interview with me after the report went in and thanked me for what I had said of the Southern people, and told me that "I was the first Northern man who seemed to be capable of doing them justice." What he thought will be found also stated by him.
In a speech made before a Democratic meeting in the spring of 1875, Mr. Lamar said ("Life of Lamar," p. 221);
"Well, the character of that last Committee—especially of its Chairman, Mr. George F. Hoar—was such as to lead to no expectation that there would be any indulgence shown to the people of the South, or any very harsh criticisms of his own party. By inheritance, by training, by political association, he was intensely anti-Southern. His manners toward Southern men, so bitter are his feelings, are often cold and reserved; and nothing but his instinct and refinement as a gentleman, which he is in every respect, saved him from sometimes being supercilious; acute in intellect, cultured, trained to the highest expression of his powers, quick in his resentments and combative in temperament, we certainly expected no quarter from his hands. But beneath all this there were genuine truth and manhood in Hoar that lifted him above the sordid feeling of malignant passion. He went, then, to that country, and he made a report; and, while there is much in it that saddened my heart, while there is much which I say is unwise and unjust in his observations, there are some things, fellow citizens, which you people of the North should hark to bear in mind, while you are coming to your conclusions with reference to the relations which you intend to sustain to the prostrate people of my section. Here, fellow citizens, is what Mr. Hoar says in reference to the South: 'We do not overlook the causes which tended to excite deep feeling and discontent in the white population of Louisiana. (I must read these extracts to you because a people's interest, a people's destiny, hang largely upon the action of the people of New Hampshire and other Northern States.) There has been great maladministration; public funds have been wasted (that means public funds have been embezzled, appropriated by these governments that are sucking the blood, the life blood, from a people already impoverished by four years of calamitous war); public lands have been wasted, public credit impaired.' Now, fellow citizens, that is the testimony of one of the most uncompromising Republicans in this country."
Mr. Lamar would not have used, I am sure, the word "bitter" after we came to know each other better. Perhaps I may be forgiven if I insert here a letter from Mr. Lamar's nephew, just elected a member of Congress from the State of Florida. I know I must attribute the eulogy which it contains to his kindness of heart, and desire to meet more than half way my own cordial feeling toward the portion of my countrymen to whom he belongs. I do not take them literally. But I confess I like to leave on record, if I may, some evidence which will contradict the charge so constantly made by critics near home, that I am a man of intense partisan and personal bitterness.
TALLAHASSEE, FLA.,Mch 10th, 1903
SENATOR GEORGE F. HOAR,Washington, D. C.
Dear Sir:
I would like very much to have a copy of your address lately made before the Union League of Chicago. I see notices of the speech in the newspapers.
Also your address made before the New England Society some three years ago, if you have a copy.
Your picture, sent to me at my request, hangs in my room. It is the face and form of a great American statesman. One whom our people have learned to admire and love.
Our people venerate your years, still in vigorous life and in full possession of great faculties of mind and heart. We look to you and other great Northern men to keep us in our sectional and racial questions. In one way these questions mean so little to the sections of the country not immediately interested in them, but they mean so much to the Southern people who have to deal with them as live, every day matters.
I left the Attorney-General's office in this State on February 28th, ult., after fourteen years service and two years yet to run. On March 4th, inst., I became Congressman from the new Third Congressional district.
I go to Washington as a Democrat, but with full knowledge that my party does not contain all the right or all the wrong in it. And I hope that in the vexing questions of the future, that by a temperate course of thought and action, that my influence may be worth something, however small, to my people beyond even a party view.
But after all I feel that great and representative men of other sections can assist the Southern people in these questions quite as much, if not more, than we can assist ourselves.
I hope to meet you next winter. The biography of my Uncle Justice Lamar shows how much he esteemed you and your regard for him. I am with much respect,
Very truly yours,(Signed) W. B. LAMAR.
I was also placed by Mr. Blaine on the Committee to investigate the Union Pacific Railroad and the Credit Mobilier. I shall give an account of this matter in a separate chapter.
There was great public excitement on the subject. After the report on the Union Pacific Railroad, and within about a week of the end of Congress, the House adopted a resolution to make a like investigation of the affairs of the Central Pacific Railroad. It was absolutely impossible to accomplish such an inquiry within the few remaining days of the session. But if we failed to attempt it the political newspapers and what are called Independent newspapers, always much less fair to public men than political opponents, would have charged us with failing to make the investigation from a desire to screen the offenders. The charge would have been greedily believed in the excited condition of the public mind, which our explanation would never reach. So I advised the Committee to call Mr. Huntington, the President of the Central Pacific Railroad, and ask him to produce the accounts and records of his Company. To this it was anticipated that he would reply that these records were in California and that he could not get them before Congress and the authority of the Committee would expire. Mr. Huntington was accordingly summoned. He brought with him Mr. William M. Evarts, as counsel, and testified as was expected. He then, however, asked leave of the Committee to make a statement in regard to the relation of his road to the National Government. This was granted. He then went on to say what a great public benefactor his company had been. It had connected the two oceans by a great railroad across the continent, saving millions upon millions to the commerce of the country. But beside that he said it had saved to the Government more than all the moneys the Government had advanced toward its construction, by preventing Indian wars. One winter especially his railroad corporation had fed a hostile Indian tribe when the Government supplies had failed to reach them, saving them from the danger of starvation and saving the Government from a bloody and costly Indian war. I said, Mr. Huntington—Was not that ultra vires for a railroad corporation? He answered, "No, Sir! no, Sir! we never gave them anything as strong as that." He evidently thought he was being charged with supplying the Indians with liquor, and that ultra vires meant extra strength.
The only other important committee work that I now recall during my service in the House related to the investigation of the conduct of Mr. Speaker Blaine. He was charged with having received stock in a railroad at a price much less than its then value with the expectation of paying for it by aiding the passage of legislation in which the road was interested, by political service as a Member of the House of Representatives, and especially by his great influence as Speaker. It was further claimed that in letters addressed by him to a man named Mulligan he had demanded conveyances of such stock in compensation for a ruling he had before made by which a measure in conflict with the interest of the road was defeated. These charges were referred to the Committee of the Judiciary. The House was then Democratic and the majority of the Committee was made up of Mr. Blaine's political opponents. The investigation was conducted in a spirit of bitter hostility to him. The evidence was taken by a sub-committee of which I was not a member. But as disputed questions of procedure and as to the admission of evidence were constantly coming up which were referred always to the full committee, which was considered in session all the time for that purpose,—the members were every day, sometimes several times a day, summoned from their seats in the House to the meeting of the Committee. I was familiar with the whole case as it went in. It was expected that there would be a hostile report, and it was understood that I should be charged with the duty of making a minority report.
I studied that evidence as thoroughly and faithfully as I could. I have gone over the matter very carefully since. I was then satisfied, and am satisfied now, that the charges against Mr. Blaine of any corruption or wrong-doing were totally unsustained. They would never have found credit for a moment except in minds deeply excited by the bitter political passion which at that time raged to a degree wholly unknown in our political strife to-day. All Mr. Blaine did was to say when he applied for the purchase of the stock to the men who were then trying to dispose of it that "he should not be a dead-head." He meant by that only that he was able to be of advantage to any undertaking in which he should be interested, an assurance which his known ability and energy and large acquaintance with business men thoroughly warranted him in making. There was no action of Congress expected, or legislation in which the railroad was likely to have an interest. All that it expected to get from Congress had been obtained already.
The other charge that he demanded a favor in this purchase as compensation for a ruling he had made as Speaker was, in my judgment, equally unfounded and trivial. He simply alluded to the fact that he had made a ruling which had saved the road from hostile legislation. Every lawyer had doubtless many times had jurymen remind him of the fact that they had been on juries that gave verdicts in his favor. Every Member of Congress likes to meet a pensioner for whom he has secured a pension. Neither has any thought of wrong in reviving such a memory. The ruling Mr. Blaine had made was simply stating a clear rule of the House about which there could be no doubt whatever. At the same time, I said at the time, what I deem it my duty to repeat now, I think Mr. Blaine erred, when he thought it proper to embark in such a speculative investment. Members of legislative bodies, especially great political leaders of large influence, ought to be careful to keep a thousand miles off from relations which may give rise to even a suspicion of wrong. Their influence and character are the property of their country, and especially valuable to their political associates. The great doctrines of which they are the influential advocates must not be imperiled by any smell of fire on their garments. But an error of judgment, or of good taste, on their part, is very far from being corruption. Henry Clay was a gambler. Other eminent statesmen both in this country and in Europe have made no secret of even worse vices than that. They are undoubtedly to be disapproved, in some cases severely condemned. But the people always have made and always will make a distinction between such offences and the final unpardonable guilt of corruption in office.
James G. Blaine was a man of many faults and many infirmities. But his life is a part of the history of his country. It will be better for his reputation that the chapter of that history which relates to him shall be written by a historian with a full and clear sense of those faults and infirmities, concealing nothing, and extenuating nothing. But also let him set nought down in malice. Mr. Blaine was a brilliant and able man, lovable, patriotic, far-seeing, kind. He acted in a great way under great responsibilities. He was wise and prudent when wisdom and prudence were demanded. If he had attained to the supreme object of his ambition and reached the goal of the Presidency, if his life had been spared to complete his term, it would have been a most honorable period, in my opinion, in the history of the country. No man has lived in this country since Daniel Webster died, save McKinley alone, who had so large a number of devoted friends and admirers in all parts of the country.
Among the very interesting characters with whom I have formed an acquaintance in Washington was Chief Justice Salmon P. Chase. I saw him but a few times. But on those occasions he spoke to me with a freedom with which famous public men seldom speak, even to intimate friends. I incline to think it was his habit to speak freely to comparative strangers. But of that I know nothing.
When I first went to Washington, in the spring of 1869, I was invited by Commissary-General Eaton, whose daughter was the wife of my cousin, to attend a meeting of a club at his house. The club was composed of scientific men who met at each other's houses. The reading of a paper by the host was followed by a supper. The host was permitted to invite such guests as he saw fit, not members of the club. Chief Justice Chase was one of the guests. I was introduced to him there for the first time, except that I went, when I was quite a young man, long before the war, to hear him speak and, with a great many other persons, went up and shook hands with him after the speech was over.
The Chief Justice left General Eaton's house when I did, and asked me if I were going his way. So we walked together about a mile. He talked all the way about the next nomination for the Presidency; about the prospects of the various candidates, and the probability of the success of the Democratic Party if they had a candidate who would be satisfactory to the Republicans who were disaffected with the present policies. It was evident that his great man had this subject, to use a cant phrase, "on the brain." This was before the Chief Justice had his paralytic shock. He was in the full vigor of health, a model of manly strength and manly beauty, giving every evidence that his great intellectual power was undiminished.
Not long afterward a friend of mine went to Ohio with his wife. In those days it was necessary for persons going from Washington to the Northwest to cross Baltimore in a carriage— the Washington station and the Ohio station being in different parts of the city. A friend of my friend went to Baltimore to see his wife, who was going to Ohio, across the city and then to return to Washington. He knew Chief Justice Chase. He introduced him to my friend on the cars, and they rode across Baltimore in one carriage, the two gentlemen, the Chief Justice, and the wife. The Chief Justice talked to him whom he had just met for the first time during the whole ride of half an hour on the same engrossing subject, as he had to me before.
I think there can be no doubt that Chief Justice Chase, like many other great men, was consumed by an eager and passionate ambition for the Presidency. That has been true of other great statesmen as well as of many small statesmen. It has been specially true of great orators. The American people are fond of eloquent speech. They make their admiration known to the speaker in a way that is quite likely to turn his head. In Plato's day the bee Hymettus mingled with the discourse as it came forth. To-day the bee lights in his ear and fills his fancy with delightful dreams of a hive by the Potomac, thatched with flowers and redolent with the incense of flattery.
I do not doubt that if Salmon P. Chase had been elected President of the United States he would have administered that lofty office honorably and to the advantage of the country. But I think that his ambition clouded his judgment, and inclined him, perhaps unconsciously, to take an attitude as a Judge on some of the political questions on which parties were divided after President Grant came in, which would be acceptable to the Democrats, and would make it possible for him to accept their nomination. But all this is merest speculation. If he had maintained his mental and physical vigor it is quite likely that he would have been nominated when Greeley was nominated. If he had been, it is not unlikely, in my opinion, that he would have been elected. I thought at the time that if Mr. Adams had been nominated in 1872, he might have been chosen. The discontent with Grant was far-reaching, for the reasons I have stated elsewhere. But the nomination of Greeley was ludicrous and preposterous. Almost every attack on the first Administration of President Grant was answered by the political speakers on his side by a quotation from Greeley or the New YorkTribune.A candidate seeking an election by reason of the mistakes his antagonist has made in accordance with his own advice, does not stand much chance of winning. The Southern people, even the white Democrats, always had a kindly feeling for Grant. They did not resent what he had done as a soldier, as they resented what Greeley had said as a politician. They knew too, in spite of their strong differences with Grant, the innate honesty, justice and courage of the man.
Chase would have been a far stronger candidate than Greeley. However any political antagonist might dislike him, every antagonist must respect him, and nobody could laugh at him.
The question of the constitutional power of Congress to make Treasury notes legal tender for all debts, whether incurred before or after they were issued, came up for the decision of the Court when Chase was Chief Justice. It was a question which profoundly interested and excited the public. The Democratic Party, which more lately favored the payment of all debts, public and private, in irredeemable paper money, had assailed the Republican Administration during the war for providing, under an alleged necessity that Treasury notes, called greenbacks, should be legal tender for the discharge of all debts. The constitutionality of that law had been affirmed by the courts of fifteen States. It had been denied by one court only, that of Kentucky, the eminent Chancellor dissenting. There was scarcely a Republican lawyer or a Republican judge in the country who doubted the constitutional power of Congress to impose such a quality upon the paper currency if, in the opinion of Congress, the public safety should require it.
The question came before the Supreme Court of the United States in the case of Hepburnv.Griswold, and was decided by that Court in December, 1869.
The Court were all agreed that Congress has power under the Constitution to do not only what the Constitution expressly authorizes, but to adopt any means appropriate, and plainly adapted to carry in to effect any such express power. So the two questions arose: First, Was the power to issue legal tender notes an appropriate, and plainly adapted means to any end which the National Government has a right to accomplish? Second, Who are to judge of the question whether the means be so appropriate, or plainly adapted?
There were then seven Justices of the Supreme Court. Chief Justice Chase, with the three Democratic Justices held the Legal Tender Law unconstitutional, and declared that a law making anything but gold or silver legal tender for debts was neither appropriate nor plainly adapted to carrying on war, or any other end for which the National Government was erected.
He had, when Secretary of the Treasury during the War of the Rebellion, originally advised the issuing of these legal tender notes. He had visited the Capitol. He had called members of the two Houses of Congress from their seats and, by his great urgency, overcome their reluctance to vote for the Legal Tender Law. My late colleague, Mr. Dawes, has more than once told me, and others in my hearing, that he was exceedingly reluctant to resort to that measure, and that he was induced to support it by Mr. Chase's earnest declaration that it was impossible that the War should go on without it, that he was at the last extremity of his resources. A Government note had been formally protested in the city of New York. I have heard a like statement from many public men, survivors of that time. It is not too much to say, that without Mr. Chase's urgent and emphatic affirmation that the war must stop and the Treasury be bankrupt and the soldiers without their pay, unless this measure were adopted, it never could have passed Congress.
Notwithstanding this, Mr. Chase puts his opinion in the Legal Tender Cases on the ground that this was not a necessary, or plainly adapted means to the execution of the unquestionable power of carrying on a great war in which the life of the Republic was in issue.
The question whether this necessity existed was a question of fact. Now questions of fact cannot be determined by the courts. If the fact be one on which depends the propriety of legislation it must be determined by the law-making power. Of course, where facts are of such universal or general knowledge that the court can know them judicially, without proof, like the fact of the time of the rising of the sun, or the laws of mechanics, or the customs prevailing in great branches of business, the court may take judicial notice of them. But how could Mr. Chase, as a judge, judicially declare as a fact that the issue of legal tender notes was not necessary for carrying on the war, when he had, as Secretary of the Treasury, having better means of knowledge than any other man, so earnestly and emphatically declared such necessity? How could he, as a judge of one court, determine as of an unquestionable fact of universal knowledge that the issue of a legal tender note was not necessary for maintaining the Government in that terrible war, when fourteen State tribunals, and a minority of his own court, had declared the fact to be the other way?
This decision gave rise to an attack upon the Administration of President Grant and especially upon Judge Hoar, then Attorney- General, which, although it has no foundation whatever in fact, is occasionally revived in later years, that the Court was packed by appointing two new Judges to reverse the decision. The decision in Hepburnv.Griswold was announced in the Supreme Court February 7, 1870. The court met at twelve o'clock. The decision was read by the Chief Justice after several opinions had been read by other judges, so that the afternoon must have advanced considerably before it was promulgated. It had not been made known to the public in advance by the press, and President Grant and Attorney-General Hoar both affirmed that they had no knowledge of the decision and had no expectation of what it would be before it was announced. I myself had a conversation with Attorney-General Hoar in the afternoon of that day. He had just heard the decision from the Chief Justice with great astonishment and surprise.
Four judges concurred in the decision. There were two vacancies in the court—one occasioned by the withdrawal of Mr. Justice Grier, and one by the Act of Congress of the previous Session providing for an additional judge. At twelve o'clock in the morning of that day, before the decision in Hepburnv.Griswold was made known, President Grant had sent to the Senate, and the Senate had received the communication nominating Messrs. Strong and Bradley to these vacancies. They were regarded as the ablest lawyers in the circuits where they dwelt. By common consent of the entire profession they are among the ablest judges who ever sat on the Supreme Bench. In my opinion Mr. Justice Bradley has had no superior, save Marshall alone, on that court, in every quality of a great judge. I doubt if he has had, on the whole, an equal, save Marshall alone. They have both joined in opinions since their appointment in very important political questions, in which the policy of the party to which they belonged was not sustained. An offer to them of these vacancies in their circuits was the most natural and proper thing that could have been done. There was no Republican lawyer in the country, of any considerable prominence, so far as I know, who questioned the constitutionality of the Legal Tender Act, of distinction enough to make him thought of anywhere for a place on the Supreme Bench. So far as I now remember, there is but one instance of an appointment by the President of the United States to the Supreme Court of a man not belonging to his own political party. That is the case of Mr. Justice Jackson, who was appointed by President Harrison on my own earnest recommendation. There has never been made in any quarter, so far as I know, a statement or pretence that there existed any evidence that President Grant made these appointments, or that any member of his Cabinet advised it because of its possible effect on the Legal Tender Law. Yet this foolish and dirty charge has found extensive credit. I read it once in the LondonTimes.It was, however, in a communication written by a degenerate and recreant American who was engaged in reviling his own country. It was also referred to by Mr. Bryan in his book on the United States. I sent him a copy of a pamphlet I prepared on the subject, and received from him a letter expressing his satisfaction that the story was without foundation. It is the fashion still, in some quarters, to speak, in spite of the decisions of the Supreme Court and the numerous State courts, to which I have referred, as if it were too clear for argument that Congress had no right to make the Government notes a legal tender. The gentlemen who talk in that way, however, are almost universally men of letters, or men without any legal training or any considerable legal capacity. They are of that class of political philosophers who are never trusted by their countrymen to deal with authority with any practical question either legislative, administrative, or judicial.
While saying this, I wish to affirm my own belief that, while it may be in some great emergencies like that of our late Civil War essential to the maintenance of the Government that this power which I believe Congress has, without a shadow of a reasonable question, should be exercised, yet I should hold it a great calamity if it were exercised except on such an occasion. It is a dangerous power, like the power of suspending the writ ofHabeas corpus,or the power of declaring war, or the power of reckless and extravagant public expenditure, never to be exercised if it can possibly be helped. I think the American people have, in general, settled down on this as the reasonable view, in spite of the clamor of the advocates of fiat money on the one side, and the extreme strict constructionists on the other.
The political history of Massachusetts from 1850 until 1888 cannot be written or understood without a knowledge of the remarkable career of Adin Thayer. When I was first nominated for Congress, he was my earnest opponent. That was due, so far as I know, to no dislike to me, but only to his strong friendship for Mr. Bird. After my election, he became my stanch friend. Our friendship continued without interruption to his death. The name of Adin Thayer is dear to my memory and to my heart.
I have often said that there were four men who honored me with their friendship, whose counsel I liked to get under any difficult public responsibility, and that when these four men approved or agreed with anything I myself said or did, I did not care what the rest of mankind thought. It would have been better to say that, although I did care very much what the rest of mankind thought, I knew that when these men were on my side, the wisdom and conscience of Massachusetts would be there also.
One of them was John G. Whittier. He added to the great genius which made him a famous poet the quality of being one of the wisest and most discreet political advisers and leaders who ever dwelt in the Commonwealth.
Another was my own brother, Judge Hoar, of whom I will not now undertake to speak. He was the last friend of mine who always performed the act of friendship to which Adin Thayer was never unequal, that of telling me my faults and mistakes with much more thoroughness and plainness of speech than he ever used in praising any of my virtues.
The third was Samuel May, who died in an honored old age at Leicester, his sunset hour cheered by the memories of noble service and the consciousness of having borne his full share in the greatest achievement of human history accomplished by mere political instrumentalities—the freedom of the slave.
The fourth was Adin Thayer, a man quite as remarkable in his way as either of the others in his. Each of them gave high and brave counsel in great emergencies. Each of them had a great part in the overthrow of the political forces that were on the side of slavery, and in the triumphant overthrow of the combination which would, if successful, have corrupted Massachusetts and made of her the worst instead of the best example on earth of republican self-government.
There is hardly room here for more than a sketch of Adin Thayer. He was a very striking, original and picturesque figure in the history of the Commonwealth. He was a strong, brave, wise, unselfish man. His life, so far as he took part in political affairs, was devoted to objects wholly public, never personal. He was the greatest organizer of righteousness in his generation. We must go back to Sam Adams to find any one who deserves to be compared with him in this respect. I cannot now undertake to tell the story of his important services to the Commonwealth at some very critical periods, or to narrate the history of all the political events in which he bore so conspicuous a share. The time to do this has not come. It can be done only when the correspondence, the inner personal life of men who were the leaders of Massachusetts during the stormy period through which she has lately passed, shall be given to the world.
Worcester County, from the day of Rufus Putnam until to-day, has in every generation contributed eminent persons to the service of the Commonwealth. But the service of none of them has been in the same field as his. Indeed, as I have just said, we must go back to the days of the Revolution to find a conspicuous character who united so completely absolute disinterestedness of character, inflexible integrity, passionate love for Massachusetts, devotion to the loftiest ideals, and was at the same time a most skilful and efficient organizer of political forces.
Adin Thayer was born in the town of Mendon, in the County of Worcester, December 5, 1828. His birthplace was near Chestnut Hill, in the territory which was incorporated into the town of Blackstone in 1845. He was the son of Caleb Thayer and Hannah, the daughter of Peter Gaskill of Mendon. His ancestors, so far as known, in all the line of descent, were New England farmers. No better race ever existed for the development of the highest intellectual and moral quality. They wrung a difficult livelihood from the soil and forest. They were educated by the responsibilities of self-government. They were accustomed to meditate and discuss with each other the profoundest questions of theology and of the State. Their local traditions had made them familiar with a stimulant and heroic history, in which every family had borne its share. In these Puritan communities life was a perpetual gymnasium. At the time of Mr. Thayer's birth, the strictness of the Puritan manners had softened somewhat. A milder theology was slowly making its way, but the race which settled in New England still remained without a tincture of any foreign element.
The town was one of the oldest in Worcester County. In every generation it had contained men of large influence in the Commonwealth, who had kept alive the interest of the people in public affairs. Jonathan Russell, who, with Adams, Bayard, Clay and Gallatin, negotiated the treaty of Ghent, and who met rather an ignominious defeat afterward in an attempt to measure lances with John Quincy Adams; the Hastings family, three of whom were eminent lawyers, two of them having represented the district in Congress; were of a generation that passed from the stage at about the time of Judge Thayer's birth.
The people were fond of discussing public questions, not only in town meeting, but in neighborhood gatherings and debating societies. The Judge used often to tell of the eager interest with which in his boyhood he listened to these encounters. There were two men, one of whom survived until Judge Thayer came to manhood, the other of whom died recently in an honored old age, who were less known abroad than those I have named, but who exerted a powerful influence upon the community and upon the character of the observant and impressible boy. One of them was Dan Hill, the other the Reverend Adin Ballou.
Dan Hill was one of the most remarkable men Worcester County ever contained. He was not bred to the bar, and was without the advantage of what is called a liberal education. But he had a wonderful aptness for understanding legal principles and the weight and effect of evidence. His neighbors when in trouble instinctively sought him as a shield. He was an unerring counsellor in the conduct of complicated affairs. His aid was extensively sought in the preparation of causes, in settling estates, and as guardian and trustee. He was concerned in hundreds of cases. It would be hard to name one in which he had anything to do that did not terminate to the advantage of the party who employed him. He had none of the arts of the pettifogger. He cared little for his own personal advantage. He had a native and lofty scorn for dishonesty and meanness. He was never better pleased than when, without prospect of gain for himself, he was employing his talents in the protection of poor and honest men against fraud and oppression. He had a large public spirit. He was early an anti-slavery man, and one of the founders of the Free Soil Party. He was specially at home in the Mendon and Blackstone town meetings, in the meetings of the school district, in the caucus, in the temperance and anti-slavery meetings and other neighborhood gatherings where the people discussed matters which concerned the public welfare. In all these he gave sensible counsel in common affairs and high counsel in high affairs.
The influence of Adin Ballou, of whom Judge Thayer delighted to speak in his later years, may be traced in the strong sympathy the Judge always showed for aspirations, although exhibited in the most crude and grotesque fashion, for the reconstruction of society according to the laws of a newer and more spiritual life. Mr. Ballou, a man of clear intellect, stainless life, sweet and amiable temper, undertook with about thirty companions and disciples to form a community which should have the Beatitudes for constitution, charter and by-laws. This community was established at Hopedale, now a separate town, then part of Milford, formerly part of Mendon. Some of the most important members of this body withdrew from it, doubting its ability to maintain itself financially, and it was abandoned. But if its sweet and gracious influence on the social life in its neighborhood be any measure of its success, it was highly successful.