"I learned that a court of assize was sitting just then in the town; I was quite glad of an opportunity of seeing for myself a sight supposed to be such a compound of the farce and the row, 'an American court of justice in the rural districts.' I found out the courthouse; a dilapidated old building, crowning the rising ground at one end of the principal street. I entered the hall. On one side a rickety door, with a half moon grating near the top, marked the apartment (about twelve feet by fifteen), which served as the district jail. It was strong enough, probably, to be any barrier to the liberty of a lame ewe; yet it was large enough and strong enough for the requirements of the locality! I ascended the stairs, and, pushing open a door on the first landing, I found myself in 'court.' Accuse me not, oh hilarious reader, if I herein depart from all precedent and prefer not fun to fact; if I declare that I saw no revolvers, no bowie knives, heard neither cursing nor squabbling; possibly these are to be seen, and I may see them ere I return to Ireland—but here, at least, I declare, that I saw gravity and dignity on the bench and at the bar; order and decorum in the audience. The latter I attribute to the circumstance that there were no policemen to disturb the quiet of the place, by perpetually bawling out 'silence!'—an intolerable nuisance whichwehave to endure. The room was about thirty feet square and fifteen in height. At the end opposite the entrance was the bench; in the middle of the apartment an oval shaped space was railed off on the floor; one end reaching to the desk (immediately under the bench), at which sat the county clerk and the sheriff. The oval space was alloted to the professors of the law. On each side, rising gradually to the rear, were rows of seats, or rather pews, for the auditors. The jury sat in one of these 'pews,' immediately on the left of the judge. Two large stoves, whose flue-pipes cut sundry capers in the air—with the laudable intention of giving us all the benefit possible of the heat they contained—kept the place comfortably warm. Occasionally the high sheriff would walk quietly down to one of the stoves, open the door, poke up the fire, and put in a fresh log. Accustomed from childhood to associate so largely the judicial functions with a horse-hair wig, and a black silk gown—indeed, rather inclined to think that these constituted the judge, and that without them there could be no law in the land, it seemed hard to believe that the gentleman on the bench before me, in civilian costume, could be a real genuine judge and no mistake...."Yet I do not know that I ever saw in the same official position more dignified demeanor. I never saw a judge listened to with more deference, and treated with more respect than in this instance, in this same village court, in the 'wilds' of western New York, though Judge Balcom wears his own hair—black as Morven's—and came to court without the blowing of even so much as a penny whistle."Seated within the railed space—his arms folded on his breast, his face raised upward in attentive listening attitude—was a man who instantly struck me as being singular among the throng around him. He might be sixty years of age; a powerfully built frame and expansive chest gave indication of physical strength and energy; but it wasthe facethat impressed me. It was one of those that Rembrandt loved to paint; the grave serenity of strength in repose; the warm glow of life's autumn evening upon a countenance expressive of quiet dignity and intellectual power. The spacious dome of a massive head was covered with silvery—nay, snow-white hair, lending a venerable, though not an aged, aspect to the man. He was very plainly dressed; the blue cloth body-coat, with brass buttons, was perfectly American; the large high shirt-collar standing out from the lower part of a face entirely shaven; and a black silk neckerchief loosely fastened around in the very carelessness of effect or appearance, was in perfect keeping with the simplicity of histout ensemble. This was the Honorable D. S. Dickinson, the contemporary in politics of Webster, who found in him, in many a passage of arms, a foeman worthy of his steel. For some years Mr. Dickinson has remained in retirement from active public life, notwithstanding many efforts to induce him to reënter the arena. Yet it is shrewdly suspected that his counsel is not seldom sought and acted upon by the great ones of that party of which he once was so active and able a leader."
"I learned that a court of assize was sitting just then in the town; I was quite glad of an opportunity of seeing for myself a sight supposed to be such a compound of the farce and the row, 'an American court of justice in the rural districts.' I found out the courthouse; a dilapidated old building, crowning the rising ground at one end of the principal street. I entered the hall. On one side a rickety door, with a half moon grating near the top, marked the apartment (about twelve feet by fifteen), which served as the district jail. It was strong enough, probably, to be any barrier to the liberty of a lame ewe; yet it was large enough and strong enough for the requirements of the locality! I ascended the stairs, and, pushing open a door on the first landing, I found myself in 'court.' Accuse me not, oh hilarious reader, if I herein depart from all precedent and prefer not fun to fact; if I declare that I saw no revolvers, no bowie knives, heard neither cursing nor squabbling; possibly these are to be seen, and I may see them ere I return to Ireland—but here, at least, I declare, that I saw gravity and dignity on the bench and at the bar; order and decorum in the audience. The latter I attribute to the circumstance that there were no policemen to disturb the quiet of the place, by perpetually bawling out 'silence!'—an intolerable nuisance whichwehave to endure. The room was about thirty feet square and fifteen in height. At the end opposite the entrance was the bench; in the middle of the apartment an oval shaped space was railed off on the floor; one end reaching to the desk (immediately under the bench), at which sat the county clerk and the sheriff. The oval space was alloted to the professors of the law. On each side, rising gradually to the rear, were rows of seats, or rather pews, for the auditors. The jury sat in one of these 'pews,' immediately on the left of the judge. Two large stoves, whose flue-pipes cut sundry capers in the air—with the laudable intention of giving us all the benefit possible of the heat they contained—kept the place comfortably warm. Occasionally the high sheriff would walk quietly down to one of the stoves, open the door, poke up the fire, and put in a fresh log. Accustomed from childhood to associate so largely the judicial functions with a horse-hair wig, and a black silk gown—indeed, rather inclined to think that these constituted the judge, and that without them there could be no law in the land, it seemed hard to believe that the gentleman on the bench before me, in civilian costume, could be a real genuine judge and no mistake....
"Yet I do not know that I ever saw in the same official position more dignified demeanor. I never saw a judge listened to with more deference, and treated with more respect than in this instance, in this same village court, in the 'wilds' of western New York, though Judge Balcom wears his own hair—black as Morven's—and came to court without the blowing of even so much as a penny whistle.
"Seated within the railed space—his arms folded on his breast, his face raised upward in attentive listening attitude—was a man who instantly struck me as being singular among the throng around him. He might be sixty years of age; a powerfully built frame and expansive chest gave indication of physical strength and energy; but it wasthe facethat impressed me. It was one of those that Rembrandt loved to paint; the grave serenity of strength in repose; the warm glow of life's autumn evening upon a countenance expressive of quiet dignity and intellectual power. The spacious dome of a massive head was covered with silvery—nay, snow-white hair, lending a venerable, though not an aged, aspect to the man. He was very plainly dressed; the blue cloth body-coat, with brass buttons, was perfectly American; the large high shirt-collar standing out from the lower part of a face entirely shaven; and a black silk neckerchief loosely fastened around in the very carelessness of effect or appearance, was in perfect keeping with the simplicity of histout ensemble. This was the Honorable D. S. Dickinson, the contemporary in politics of Webster, who found in him, in many a passage of arms, a foeman worthy of his steel. For some years Mr. Dickinson has remained in retirement from active public life, notwithstanding many efforts to induce him to reënter the arena. Yet it is shrewdly suspected that his counsel is not seldom sought and acted upon by the great ones of that party of which he once was so active and able a leader."
We now proceed to make a few extracts from Mr. Dickinson's public speeches. Here is an extract upon disunion:
"The spirit of sectional hate, which is now inculcated by the votaries of a corrupt and stultified Abolitionism, by bigots, zealots, fanatics and demagogues; in desecrated pulpits, in ribald songs, in incendiary presses and strife stirring orators, has already promoted a feeling of irritation which should fill the patriotic mind with apprehension and alarm. No feud is so bitter as that which exists between brethren—no persecution so relentless as that which pursues an estranged friend—no war so ruthless as one of domestic strife; and yet this evil genius, disguised with the garb of superior sanctity—the blear-eyed miscreant disunion—is walking up and down the earth like Satan loosed from his bondage of a thousand years, endeavoring to array one section of the Union against the other upon a question which was wisely disposed of by those who laid the broad and deep foundations of our government."With one hand it essays to tear out from the Constitution the pages upon which are written its holiest guaranties, and with the other, it seeks to erase from our nation's flag fifteen of the stars which help to compose the pride and hope and joy of every American. It would, in pursuit of its miserable and accursed abstractions, array man against man, brother against brother, and State against State, until it covered our fair land with anarchy and blood, and filled it with mourning and lamentation; until every field should be a field of battle, every hill-side drenched in blood, every plain a Golgotha, every valley a valley of dry bones; until fire should blast every field, consume every dwelling, destroy every temple, and leave every town black with ashes and desolation; until this fiendish spirit, compounding all the elements of fury and horror, would sweep over this fair and fertile portion of God's heritage, like the infuriated Hyder Ali on the Carnatic, leaving it one everlasting monument of barbarous vengeance."
"The spirit of sectional hate, which is now inculcated by the votaries of a corrupt and stultified Abolitionism, by bigots, zealots, fanatics and demagogues; in desecrated pulpits, in ribald songs, in incendiary presses and strife stirring orators, has already promoted a feeling of irritation which should fill the patriotic mind with apprehension and alarm. No feud is so bitter as that which exists between brethren—no persecution so relentless as that which pursues an estranged friend—no war so ruthless as one of domestic strife; and yet this evil genius, disguised with the garb of superior sanctity—the blear-eyed miscreant disunion—is walking up and down the earth like Satan loosed from his bondage of a thousand years, endeavoring to array one section of the Union against the other upon a question which was wisely disposed of by those who laid the broad and deep foundations of our government.
"With one hand it essays to tear out from the Constitution the pages upon which are written its holiest guaranties, and with the other, it seeks to erase from our nation's flag fifteen of the stars which help to compose the pride and hope and joy of every American. It would, in pursuit of its miserable and accursed abstractions, array man against man, brother against brother, and State against State, until it covered our fair land with anarchy and blood, and filled it with mourning and lamentation; until every field should be a field of battle, every hill-side drenched in blood, every plain a Golgotha, every valley a valley of dry bones; until fire should blast every field, consume every dwelling, destroy every temple, and leave every town black with ashes and desolation; until this fiendish spirit, compounding all the elements of fury and horror, would sweep over this fair and fertile portion of God's heritage, like the infuriated Hyder Ali on the Carnatic, leaving it one everlasting monument of barbarous vengeance."
In anticipation of the acquisition of territory from Mexico, on account of the Mexican war, the famous Wilmot proviso passed the House of Representatives at the heel of the session in 1846. As an antidote for the proviso, Mr. Dickinson introduced the following resolves into the Senate, Dec. 14, 1847:
"Resolved, That true policy requires the Government of the United States to strengthen its political and commercial relations upon this continent by the annexation of such contiguous territory as may conduce to that end, and can be justly obtained; and that neither in such acquisition nor in the territorial organization thereof, can any conditions be constitutionally imposed, or institutions be provided for or established, inconsistent with the right of the people thereof, to form a free, sovereign State, with the powers and privileges of the original members of the confederacy."Resolved, That, in organizing a territorial government for territory belonging to the United States, the principles of self-government upon which our federative system rests will be best promoted, the true spirit and meaning of the Constitution be observed, and the Confederacy strengthened, by leaving all questions concerning the domestic policy therein to the legislatures chosen by the people thereof."
"Resolved, That true policy requires the Government of the United States to strengthen its political and commercial relations upon this continent by the annexation of such contiguous territory as may conduce to that end, and can be justly obtained; and that neither in such acquisition nor in the territorial organization thereof, can any conditions be constitutionally imposed, or institutions be provided for or established, inconsistent with the right of the people thereof, to form a free, sovereign State, with the powers and privileges of the original members of the confederacy.
"Resolved, That, in organizing a territorial government for territory belonging to the United States, the principles of self-government upon which our federative system rests will be best promoted, the true spirit and meaning of the Constitution be observed, and the Confederacy strengthened, by leaving all questions concerning the domestic policy therein to the legislatures chosen by the people thereof."
In a speech of power, delivered in the Senate Jan. 15, 1848, he tried to demonstrate the correctness of the principle of these resolves. From this, the first speech made during the slavery controversy in favor of congressional non-intervention with slavery in the territories, we make the following extracts:
"The Republican theory teaches that sovereignty resides with the people of a State, and not with its political organization; and the Declaration of Independence recognizes the right of the people to alter or abolish and reconstruct their government. If sovereignty resides with the people and not with the organization, it rests as well with the people of a territory, in all that concerns their internal condition, as with the people of an organized State. And if it is the right of the people, by virtue of their innate sovereignty, to 'alter or abolish,' and reconstruct their government, it is the right of the inhabitants of territories, by virtue of the same attribute, in all that appertains to their domestic concerns, to fashion one suited to their condition. And it, in this respect, a form of government is proposed to them by the Federal Government, and adopted or acquiesced in by them, they may afterward alter or abolish it at pleasure. Although the government of a territory has not the same sovereign power as the government of a State in its political relations, the people of a territory have, in all that appertains to their internal condition, the same sovereign rights as the people of a State...."That system of government, whether temporary or permanent, whether applied to States, provinces, or territories, is radically wrong, and has within itself all the elements of monarchical oppression, which permits the representatives of one community to legislate for the domestic regulation of another to which they are not responsible, which practically allows New York and Massachusetts, and other Atlantic States, to give local laws to the people of Oregon, Minnesota and Nebraska, to whom and whose interests, wishes and condition, they are strangers."
"The Republican theory teaches that sovereignty resides with the people of a State, and not with its political organization; and the Declaration of Independence recognizes the right of the people to alter or abolish and reconstruct their government. If sovereignty resides with the people and not with the organization, it rests as well with the people of a territory, in all that concerns their internal condition, as with the people of an organized State. And if it is the right of the people, by virtue of their innate sovereignty, to 'alter or abolish,' and reconstruct their government, it is the right of the inhabitants of territories, by virtue of the same attribute, in all that appertains to their domestic concerns, to fashion one suited to their condition. And it, in this respect, a form of government is proposed to them by the Federal Government, and adopted or acquiesced in by them, they may afterward alter or abolish it at pleasure. Although the government of a territory has not the same sovereign power as the government of a State in its political relations, the people of a territory have, in all that appertains to their internal condition, the same sovereign rights as the people of a State....
"That system of government, whether temporary or permanent, whether applied to States, provinces, or territories, is radically wrong, and has within itself all the elements of monarchical oppression, which permits the representatives of one community to legislate for the domestic regulation of another to which they are not responsible, which practically allows New York and Massachusetts, and other Atlantic States, to give local laws to the people of Oregon, Minnesota and Nebraska, to whom and whose interests, wishes and condition, they are strangers."
The following extracts from a campaign speech in 1856, of Mr. Dickinson, will give the reader some idea of his wit and power before an out-door audience. He is speaking of the Pennsylvania election:
"In Pennsylvania every ill-omened bird in the nation had gathered and croaked. Every device that those bent on evil could conceive had been resorted to. Money had been spent with a lavish hand. All this had been done in order to induce the people of that State to favor the doctrines of the so-called Republican party. How well had she stood the test in the last great fight! There, fanaticism had been rebuked, hypocrisy had been unmasked, and villainy discomfited. The Democratic candidates had been placed in the field, and that being the home of Mr. Buchanan, the Republicans had strained every nerve to defeat him there. But how gallantly had old Pennsylvania come up to the work—how glorious the result! How had they tried and judged that party—that political mermaid—half-colored woman and half-scaly fish! The result reminded him of a conference between Mrs. Jones and Mrs. Smith. Mrs. Jones, calling on Mrs. Smith, said, 'Why, haven't you finished your washing yet?' To which Mrs. Smith replied, 'Oh! no, dear, we have a very great washing; it takes us a whole week to do our washing, and I don't think we can get it done in a week!' 'But, said Mrs. Jones, 'you haven't agreatmany clothes-lines, and they are notverylong, and you don't seem to hang out any more clothes than other people! 'Oh, no,' replied Mrs. Smith; 'but then you know what we hang out is a very small portion of what we wash.' So it was with the Republicans of Pennsylvania. What they hung out on election day was in miserable proportion to the amount of washing they had done. Proceeding, he said that the Democrats had hung out their banners—their principles were those of the Constitution, and their candidates were upon them. The Republicans, on the contrary, had but few principles, and scarcely any candidates. The Democratic candidates represented the principles of the Democratic party. And now of the general issue between the parties."What a spectacle! A slavery more base and abject than any African slavery that was ever dreamed of; an enslavement of white men, in order that their leaders may war against their brethren. How they would make up their dividend of profits he could not see. Their case would be similar to that of the man who thought he was going to get a great deal of money by his wife. She had often told him that when her father died, she would have considerable coming to her. Well, the old man died, and it turned out that he had left $9,000 and ten children. The husband tried to figure it up. He said, 10 from 9 you can't. He tried it again and said, 10 from 9 you can't. Turning to his wife, and greatly perplexed, he said, 'you told me that when the old man died, you would have something coming to you.' His wife replied that she had—that she had always understood her father had $9,000. 'So he has,' says the husband; 'but then he's got ten children—and 10 from 9 you can't. We won't get a d——d cent.' So it would be with the Republicans. They had resorted to political huckstering, such as had never before been heard of. They had run through every issue, and had talked thread-bare every principle. Kansas was now their great hobby. They said they did not care so much about other issues. But Kansas—bleeding Kansas, absorbed their very souls. Kansas was to them what ale was to Boniface—it was meat, drink, washing and lodging. Now, though Kansas was an important section of the country, he did not think that it was worth while to upset the Government, whether slavery went there or not. The Democracy were willing to leave that question entirely with the people of that country. They had no fear from slavery there, even if it had all the evils pictured by the fanatics. New York could have slavery if it wished, so could all the other States, and all the Democracy wanted was that the people should do as they liked in the question, whether slavery should be there or no."In any event, slavery was not so bad or so baneful in its influences as the trickery that had been resorted to in Pennsylvania, and by the so-called Republicans. But, Kansas, bleeding Kansas, they cry continually. Why, they had run poor, bleeding Kansas until it was as dry as a turnip. It was to them what the lamp was to Aladdin. When he wanted to raise the wind, he rubbed his lamp, and when the Republicans wanted blood, they cried 'bleeding Kansas.' Kansas, to them, was like the Yankee's clock, that would strike whenever he told it to do so. But one day he told it to strike, and it didn't; he told it again, but still no strike. Finally, a voice was heard from behind the clock, saying, 'I can't strike—the string's broke.' To this pass has it come at length with the Republicans and their poor 'bleeding Kansas! When they call for blood, the answer comes, 'The string's broke.'"
"In Pennsylvania every ill-omened bird in the nation had gathered and croaked. Every device that those bent on evil could conceive had been resorted to. Money had been spent with a lavish hand. All this had been done in order to induce the people of that State to favor the doctrines of the so-called Republican party. How well had she stood the test in the last great fight! There, fanaticism had been rebuked, hypocrisy had been unmasked, and villainy discomfited. The Democratic candidates had been placed in the field, and that being the home of Mr. Buchanan, the Republicans had strained every nerve to defeat him there. But how gallantly had old Pennsylvania come up to the work—how glorious the result! How had they tried and judged that party—that political mermaid—half-colored woman and half-scaly fish! The result reminded him of a conference between Mrs. Jones and Mrs. Smith. Mrs. Jones, calling on Mrs. Smith, said, 'Why, haven't you finished your washing yet?' To which Mrs. Smith replied, 'Oh! no, dear, we have a very great washing; it takes us a whole week to do our washing, and I don't think we can get it done in a week!' 'But, said Mrs. Jones, 'you haven't agreatmany clothes-lines, and they are notverylong, and you don't seem to hang out any more clothes than other people! 'Oh, no,' replied Mrs. Smith; 'but then you know what we hang out is a very small portion of what we wash.' So it was with the Republicans of Pennsylvania. What they hung out on election day was in miserable proportion to the amount of washing they had done. Proceeding, he said that the Democrats had hung out their banners—their principles were those of the Constitution, and their candidates were upon them. The Republicans, on the contrary, had but few principles, and scarcely any candidates. The Democratic candidates represented the principles of the Democratic party. And now of the general issue between the parties.
"What a spectacle! A slavery more base and abject than any African slavery that was ever dreamed of; an enslavement of white men, in order that their leaders may war against their brethren. How they would make up their dividend of profits he could not see. Their case would be similar to that of the man who thought he was going to get a great deal of money by his wife. She had often told him that when her father died, she would have considerable coming to her. Well, the old man died, and it turned out that he had left $9,000 and ten children. The husband tried to figure it up. He said, 10 from 9 you can't. He tried it again and said, 10 from 9 you can't. Turning to his wife, and greatly perplexed, he said, 'you told me that when the old man died, you would have something coming to you.' His wife replied that she had—that she had always understood her father had $9,000. 'So he has,' says the husband; 'but then he's got ten children—and 10 from 9 you can't. We won't get a d——d cent.' So it would be with the Republicans. They had resorted to political huckstering, such as had never before been heard of. They had run through every issue, and had talked thread-bare every principle. Kansas was now their great hobby. They said they did not care so much about other issues. But Kansas—bleeding Kansas, absorbed their very souls. Kansas was to them what ale was to Boniface—it was meat, drink, washing and lodging. Now, though Kansas was an important section of the country, he did not think that it was worth while to upset the Government, whether slavery went there or not. The Democracy were willing to leave that question entirely with the people of that country. They had no fear from slavery there, even if it had all the evils pictured by the fanatics. New York could have slavery if it wished, so could all the other States, and all the Democracy wanted was that the people should do as they liked in the question, whether slavery should be there or no.
"In any event, slavery was not so bad or so baneful in its influences as the trickery that had been resorted to in Pennsylvania, and by the so-called Republicans. But, Kansas, bleeding Kansas, they cry continually. Why, they had run poor, bleeding Kansas until it was as dry as a turnip. It was to them what the lamp was to Aladdin. When he wanted to raise the wind, he rubbed his lamp, and when the Republicans wanted blood, they cried 'bleeding Kansas.' Kansas, to them, was like the Yankee's clock, that would strike whenever he told it to do so. But one day he told it to strike, and it didn't; he told it again, but still no strike. Finally, a voice was heard from behind the clock, saying, 'I can't strike—the string's broke.' To this pass has it come at length with the Republicans and their poor 'bleeding Kansas! When they call for blood, the answer comes, 'The string's broke.'"
In a territorial speech in the United States Senate, January 12, 1848, Mr. Dickinson said:
"Our form of government is admirably adapted to extend empire. Founded in the virtue and intelligence of the people, and deriving its just powers from the consent of the governed, its influences are as powerful for good at the remotest limits as at the political centre."We are unlike all communities which have gone before us, and illustrations drawn from comparing us with them, are unjust and erroneous. The social order which characterizes our system is as unlike the military republics of other times, as is the religion of the Saviour of men to the impositions of Mahomet. Our system wins by its justice, while theirs sought to terrify by its power. Our territorial boundary may span the continent, our population be quadrupled, and the number of our States be doubled, without inconvenience or danger. Every member of the Confederacy would well sustain itself and contribute its influences for the general good; every pillar would stand erect, and impart strength and beauty to the edifice. In matters of national legislation, a numerous population, extended territory, and diversified interests, would tend to reform abuses which would otherwise remain unredressed, to preserve the rights of the States, and to bring back the course of legislation from the centralism to which it is hastening. One-half the legislation now brought before Congress would be left undone, as it should be; a large portion of the residue would be presented to the consideration of State legislatures, and Congress would be enabled to dispose of all matters within the scope of its legitimate functions without inconvenience or delay."The present political relations of this continent cannot long continue, and it becomes this nation to be prepared for the change which awaits it. If the subjects of the British crown shall consent to be ruled through all time by a distant cabinet, Mexico cannot long exist under the misrule of marauders and their pronunciamentos, and this was as clearly apparent before as since the existence of the war. If then, just acquisition is the true policy of this Government, as it clearly is, it should be pursued by a steady and unyielding purpose, and characterized by the sternest principles of national justice. It should not rashly anticipate the great results which are in progress, nor thrust aside the fruits when they are produced and presented. The national existence of Mexico is in her own keeping, but is more endangered at this time by her own imbecility and stubbornness—her national ignorance and brutality—than from the war we are prosecuting and all its consequences. She has been hastening to ruin for years upon the flood-tide of profligacy and corruption; and if she is now rescued, and her downfall arrested and postponed for a season, it may justly be attributed to the salutary influences of the chastisement she has received."
"Our form of government is admirably adapted to extend empire. Founded in the virtue and intelligence of the people, and deriving its just powers from the consent of the governed, its influences are as powerful for good at the remotest limits as at the political centre.
"We are unlike all communities which have gone before us, and illustrations drawn from comparing us with them, are unjust and erroneous. The social order which characterizes our system is as unlike the military republics of other times, as is the religion of the Saviour of men to the impositions of Mahomet. Our system wins by its justice, while theirs sought to terrify by its power. Our territorial boundary may span the continent, our population be quadrupled, and the number of our States be doubled, without inconvenience or danger. Every member of the Confederacy would well sustain itself and contribute its influences for the general good; every pillar would stand erect, and impart strength and beauty to the edifice. In matters of national legislation, a numerous population, extended territory, and diversified interests, would tend to reform abuses which would otherwise remain unredressed, to preserve the rights of the States, and to bring back the course of legislation from the centralism to which it is hastening. One-half the legislation now brought before Congress would be left undone, as it should be; a large portion of the residue would be presented to the consideration of State legislatures, and Congress would be enabled to dispose of all matters within the scope of its legitimate functions without inconvenience or delay.
"The present political relations of this continent cannot long continue, and it becomes this nation to be prepared for the change which awaits it. If the subjects of the British crown shall consent to be ruled through all time by a distant cabinet, Mexico cannot long exist under the misrule of marauders and their pronunciamentos, and this was as clearly apparent before as since the existence of the war. If then, just acquisition is the true policy of this Government, as it clearly is, it should be pursued by a steady and unyielding purpose, and characterized by the sternest principles of national justice. It should not rashly anticipate the great results which are in progress, nor thrust aside the fruits when they are produced and presented. The national existence of Mexico is in her own keeping, but is more endangered at this time by her own imbecility and stubbornness—her national ignorance and brutality—than from the war we are prosecuting and all its consequences. She has been hastening to ruin for years upon the flood-tide of profligacy and corruption; and if she is now rescued, and her downfall arrested and postponed for a season, it may justly be attributed to the salutary influences of the chastisement she has received."
These general ideas upon the subject of territorial acquisition will indicate Mr. Dickinson's views upon the Cuban and Mexican questions of to-day.
JOHN BELL.
John Bell is a man of the old school in politics, an ancient southern Whig, who has preserved his whiggery intact, and has not been swallowed up in the Democratic party, but has rather sympathized to a great extent with the party in the North which has taken the place of the old Whig organization—the Republican party. Coming from a slave State, and himself a slaveholder, of course Mr. Bell does not belong to the Republican organization. He could not well do so without occupying an anti-slavery attitude in Tennessee. But he has acted in concert with the Republicans on most issues in Congress, and upon many of the issues which slavery has raised, he has taken sides with the North. In this manner he has gained the respect of his colleagues who go further than he does in opposition to slavery.
John Bell is an honest, upright man, and has been for years one of the ablest members of the U.S. Senate. He has evinced the highest courage in taking his stand against measures which were either proposed by politicians from his own section of the country, or were expected to inure to the benefit of that section. He came out boldly against the repeal of the Missouri Compromise, and the Kansas-Nebraska act, although in doing so he exposed himself at home, among his constituents, to the raking fire of his political enemies. He also opposed with great eloquence and vigor the Lecompton bill. For a southern senator to do these things requires pluck as well as principle, and we may be sure that John Bell lacks neither. His enemies will give him credit for both.
In his personal appearance in the Senate, Mr. Bell is noticeable. Though his hair is grey, the fire of his eye is undimmed, and the freshness of his countenance is youthful. Few men in the Senate speak so vigorously as he. His voice is sonorous and loud, and the energy of his tone, his style, and his gesticulation remind one of an orator of thirty. We remember very well how during the Lecompton debate in the Senate, Mr. Johnson, Bell's Democratic colleague, was replying with great severity to his speech against the Lecompton bill. A portion of his remarks were very personal, and must have somewhat irritated the brave old senator. Johnson was fresh from the stump, and its phrases and language were so beaten into his mind that he could not shake them off. So, frequently in the course of his speech in alluding to Mr. Bell, instead of saying "my colleague," he said "mycompetitor." This was done several times, when Mr. Bell half-rose in his seat, his face flushed red with his indignation, and hurled out at his colleague, "Competitor! I am not the gentleman's competitor!" No one who witnessed the scene will ever forget it. The Senate was convulsed with laughter.
Mr. Bell was born near Nashville, Tennessee, in February, 1797; his father being a farmer in moderate circumstances. He—the son—was educated at what is now Nashville University—afterward studied law, and was admitted to the bar in 1816. He then settled down in Franklin, Tennessee, from which place he was elected to the State Senate, in 1817, he then being but twenty years old. During the next nine years he forsook politics and confined himself to his profession, but in 1826 he ran for Congress, in opposition to Felix Grundy. He had the support of General Jackson, and triumphed by one thousand majority. The canvass was long and exciting, and Mr. Bell was justly proud of his victory. For fourteen consecutive years he remained in the House of Representatives from this district. When first elected he was a follower of Calhoun and an opponent of a Protective Tariff. He afterward, by reading and argument, saw fit to change his position in this respect, and has long been known as an advocate of the old Whig tenets—a high tariff, internal improvements, etc. etc. He was for ten years in the House, chairman of the committee on Indian Affairs, was once chairman of the Judiciary committee. The breach between himself and Jackson was on the question of the removal of the deposits, and the result was that Mr. Bell went over to the Whigs. In 1834, he was made Speaker of the House of Representatives, his opponent being James K. Polk. The Whigs and a wing of the Democrats who disliked Van Buren voted for Mr. Bell, and elected him. Mr. Bell opposed Mr. Van Buren for removing men from office on account of their politics, and he made a strong speech in the House against this policy. He refused to support Van Buren for the presidency and went in for Judge White, who carried the State of Tennessee. Mr. Bell was afterward reëlected to Congress from the Hermitage district, showing that the people even in Jackson's district supported him in the position he had taken. It was at this time that he had the courage to votein favorof receiving anti-slavery politicians, when many northern politicians voted to strike down this right of the people under the most despotic forms of government. He also votedagainstAtherton's famous Gag Resolutions. In 1841, Gen. Harrison made him Secretary of War, but he resigned when Tyler came into power. He was soon elected to the United States Senate, where he remained till March 4th, 1859.
Mr. Bell supported the compromise measures of 1850—was opposed to the annexation of Texas—and, as we have remarked, opposed the Kansas-Nebraska act and the Lecompton Constitution. He is opposed to thetakingof Cuba or buying it at an extravagant price—opposes all kinds of filibustering. We make a few extracts from Mr. Bell's great speech against the Lecompton bill. Upon Popular Sovereignty he thus expressed himself:
"What is the true doctrine on this subject? I had supposed that there could be no disagreement as to the true principles connected with the rights and powers of the people in forming a State Constitution; but since I have heard the speech of the senator from Georgia, I do not know what principle he agrees to. I say that in no disrespect; but I thought he was particularly wild, shootingextra flammantia mænia mundi, on those high points of doctrine which he, in some parts of his speech, thought proper to enunciate. Does any person here deny the proposition, that the people of a territory, in the formation of a State Constitution, are to that extent—quoad hoc—sovereign and uncontrollable, though still owing obedience to the provisional government of the territory? Will any senator contend that the territorial legislature can either give to the people any power over that subject which they did not possess before, or withhold from them any which they did possess? The territorial legislature cannot dictate any one provision of the constitution which the people think proper to form. Who is prepared to contend that Congress can do anything more in this respect than a territorial legislature? It is usual for the territorial legislature, when the people desire to apply for admission into the Union, in the absence of an enabling act of Congress, to pass a law providing for the assembling of a convention to form a State Constitution. But that is a mere usage, resorted to when Congress has not thought proper to pass what is called an enabling act. What is an enabling act? Nothing more than to signify to the people of a territory, that if they shall think proper to meet in convention and form a State Constitution, in compliance with certain forms therein prescribed, to insure a fair expression of the people's will, Congress is prepared to admit them into the Union as a State."But such an act gives no more power to the people over the subject of a constitution than an act of a territorial legislature. But, suppose the people, either under an act of the territorial legislature or of Congress, meet in convention, by delegates chosen by the people, and form a constitution, what then? Has it any vitality as a constitution? Does it transform the territory into a State? Has it any binding force or effect, either upon individuals or upon the community? Nobody pretends that it has any such force. It is only after the acceptance of the constitution, and the admission of the territory into the Union as a State, that there is any vigor or validity in a constitution so formed. Before that time, it is worth no more than the parchment on which its provisions are written, so far as any legal or constitutional validity is concerned."But, upon principle, the people of a territory, without any act of the territorial legislature, without an enabling act of Congress, can hold public meetings and elect delegates to meet in convention for the purpose of forming a constitution; and when formed, it has all the essential attributes of a valid constitution, as one formed in any other way. Many senators contend that it is the inalienable and indefeasible right of the people of a State at all times to change their constitution in any manner they think proper. This doctrine I do not admit, in regard to the people of a State; but, in reference to the formation of a constitution by the people of a territory, there can be no question as to the soundness of this doctrine. They can form a constitution by delegates voluntarily chosen and sent to a convention, but what is it worth when it is formed? Nothing at all, until Congress shall accept it and admit the territory into the Union as a State under that constitution. It is worth no more in that case than in the case of a constitution formed under a territorial act or an act of Congress; but it is worth just as much."
"What is the true doctrine on this subject? I had supposed that there could be no disagreement as to the true principles connected with the rights and powers of the people in forming a State Constitution; but since I have heard the speech of the senator from Georgia, I do not know what principle he agrees to. I say that in no disrespect; but I thought he was particularly wild, shootingextra flammantia mænia mundi, on those high points of doctrine which he, in some parts of his speech, thought proper to enunciate. Does any person here deny the proposition, that the people of a territory, in the formation of a State Constitution, are to that extent—quoad hoc—sovereign and uncontrollable, though still owing obedience to the provisional government of the territory? Will any senator contend that the territorial legislature can either give to the people any power over that subject which they did not possess before, or withhold from them any which they did possess? The territorial legislature cannot dictate any one provision of the constitution which the people think proper to form. Who is prepared to contend that Congress can do anything more in this respect than a territorial legislature? It is usual for the territorial legislature, when the people desire to apply for admission into the Union, in the absence of an enabling act of Congress, to pass a law providing for the assembling of a convention to form a State Constitution. But that is a mere usage, resorted to when Congress has not thought proper to pass what is called an enabling act. What is an enabling act? Nothing more than to signify to the people of a territory, that if they shall think proper to meet in convention and form a State Constitution, in compliance with certain forms therein prescribed, to insure a fair expression of the people's will, Congress is prepared to admit them into the Union as a State.
"But such an act gives no more power to the people over the subject of a constitution than an act of a territorial legislature. But, suppose the people, either under an act of the territorial legislature or of Congress, meet in convention, by delegates chosen by the people, and form a constitution, what then? Has it any vitality as a constitution? Does it transform the territory into a State? Has it any binding force or effect, either upon individuals or upon the community? Nobody pretends that it has any such force. It is only after the acceptance of the constitution, and the admission of the territory into the Union as a State, that there is any vigor or validity in a constitution so formed. Before that time, it is worth no more than the parchment on which its provisions are written, so far as any legal or constitutional validity is concerned.
"But, upon principle, the people of a territory, without any act of the territorial legislature, without an enabling act of Congress, can hold public meetings and elect delegates to meet in convention for the purpose of forming a constitution; and when formed, it has all the essential attributes of a valid constitution, as one formed in any other way. Many senators contend that it is the inalienable and indefeasible right of the people of a State at all times to change their constitution in any manner they think proper. This doctrine I do not admit, in regard to the people of a State; but, in reference to the formation of a constitution by the people of a territory, there can be no question as to the soundness of this doctrine. They can form a constitution by delegates voluntarily chosen and sent to a convention, but what is it worth when it is formed? Nothing at all, until Congress shall accept it and admit the territory into the Union as a State under that constitution. It is worth no more in that case than in the case of a constitution formed under a territorial act or an act of Congress; but it is worth just as much."
Upon the repeal of the Missouri Compromise, and the effects which followed the act, he remarked:
"Four years ago, when it was proposed to repeal the Missouri Compromise—to adopt the principle of non-intervention, and concede to the people of the territories the right to settle the question of slavery in their own way—it was said by the advocates of the measure, that, as soon as the principles of it came to be understood, all agitation and discussion upon the subject of slavery in the territories would be localized—excluded from Congress—and the country would be left in undisturbed repose. So boldly and confidently were these views maintained, that the whole southern delegation in Congress, Whigs and Democrats, with seven or eight exceptions, together with many Democrats from the free States, came into the support of the measure. How were these bold predictions verified? In less than one month of the time during which the Kansas-Nebraska bill was pending in Congress, nearly the whole North was in a flame of resentment and opposition. Old men, of high character and great influence, who had for twenty years opposed the policy and designs of the Abolition faction in the North, suddenly became its allies and coadjutors. Thousands of the best citizens at the North, who had exerted all their energies to repress all opposition to the execution of the Fugitive Slave law of 1850, became suddenly converts to Free-Soilism. The religious feelings of whole communities became frenzied. The pulpit was converted into an engine of anti-slavery propagandism, and hundreds of thousands of sober-minded and conservative people at the North, who had never countenanced sectional strife on the subject of slavery, evinced that they had thrown off their conservatism, and were ready to array themselves under the banner of any party leader or faction, to check the progress of the South in what they considered its aggressive policy."After that demonstration of opposition at the North, but little more was said in debate of the tranquillizing character of the measure. But its most influential supporters from the South, becoming inflamed and irritated by the fierce invectives with which the measure was assailed, both within and out of Congress, became, in their turn, reckless (apparently at least) of all consequences, and seemed only bent on victory—on obtaining a triumph by passing the bill! It was in vain that they were admonished that they were adding largely to the abolition faction at the North; that they were increasing the free-soil element of political power in that section. They admitted no distinction between Abolitionists and Free-Soilers, and denounced all at the North who opposed the bill as Abolitionists and foes to the South. Some gentlemen declared that the screams of the Abolitionists were music to their ears. It was idle to warn men in such a tempest of passion, that, instead of sowing the seeds of peace, as they had promised, they were sowing dragons' teeth, that would spring up armed men. So intense did the feeling become on the subject, that some southern members of Congress, who had gone into the support of the bill on the idea that the Missouri restriction act was a violation of the treaty with France, and who would not have listened for a moment to the admission of aliens to the right of suffrage in the territories, lost sight of these views under the influence of the furor that was gotten up among the friends as well as the opponents of the measure; and they became even more determined champions of the bill when these grounds of their original adhesion were entirely swept away—one by the rejection of the Clayton amendment, and the other by the Badger proviso—than they were at the outset."There were, however, a few of the supporters of the bill who to the last contended that the intemperate demonstrations of opposition at the North were but the ebullitions of temporary excitement, which would subside as soon as the equitable and just principles of the bill should be exhibited in their practical operation in Kansas. On what flimsy grounds that delusion was indulged, and how soon and under what circumstances it vanished, I need not recount. The recollection of every patriot must still be painfully impressed with them. It is enough to say, that soon after these principles were put in operation in Kansas, disorder, anarchy, and civil war, ensued in rapid succession. It required the strong arm of the government of the United States and the interposition of the military force to sustain the territorial government; and even now, after the lapse of four years, we still find that the presence of a military force is necessary to maintain peace. So much for the effect of that measure on Kansas and the country. How has it been in Congress? Need I ask that question? Has not the subject of slavery in the territory been the absorbing subject of our thoughts and discussions at every session of Congress since the passage of the Kansas-Nebraska act? And as for the character and temper of the debates upon this subject, have they not, in asperity and fierceness, far exceeded those of any antecedent period of our history?"I now ask the attention of the Senate to the effect of the experiment of localizing slavery agitation in the territories, made in 1854, in changing the complexion of parties both in Congress and in the country. In the Congress which passed the Kansas-Nebraska bill, we have seen that there was at the commencement of the session, in December, 1853, a Democratic majority of eighty-four in the House of Representatives, and only four Free-Soilers, and in the Senate a like number—so small, yet so distinct in their principles, that neither of the two great parties then known to the country knew well how to arrange them on committee."Mr. Hale.—You left them off."Mr. Bell.—The Whigs were afraid to touch them. Mr. Chase was a Democrat, and was so recognized by his brethren in the Senate, and was taken care of by them in arranging the committees; yet he was one of the gentlemen whom I have designated as Free-Soilers. Now, let us see what was the effect of the Kansas-Nebraska act on the elections which ensued in the fall of 1854, just on the heels of the adoption of that measure. One hundred and seven Free-Soilers were returned to the House of Representatives, and the Democratic party, instead of having a majority of eighty-four in that House, found itself in a minority of seventy-six; and in the Senate the number of Free-Soilers was increased to thirteen. Such was the complexion of the two houses of Congress in the 33d Congress, which assembled in December, 1855. Now, we find in the Senate twenty Free-Soilers. How many more they may have in the next Congress, will depend upon the disposition we make of the questionnow before the Senate. I call upon the senator from Georgia to say whether he will have that number limited or not. Does he want a sufficient number to prevent the ratification of any future treaty of acquisition? How long will it be before we have that number, if the southern Democracy persist in their present course? They would seem to be deeply interested in adding to the power of the Republican party."I consider that the most fearful and portentous of all the results of the Kansas-Nebraska act was to create, to build up a great sectional party. My friend from Ohio, who sits near me, [Mr. Wade] must allow me to say, that I regard his party as a sectional one."Mr. Wade.—Is not the other side a sectional party?"Mr. Bell.—So far as they are confined to the South they are, but they say that they lap over."Mr. Wade.—Lap over further South still."Mr. Bell.—I consider that no more ominous and threatening cloud can darken the political horizon at any time. How formidable this party has already become, may be well illustrated by the fact that its representative candidate, Mr. Fremont, was only beaten in the last Presidential election by the most desperate efforts; and I feel warranted in saying, that but for the imminent prospect of his success, which shone out near the close of the canvass, Mr. Buchanan would not have attained his present high position."
"Four years ago, when it was proposed to repeal the Missouri Compromise—to adopt the principle of non-intervention, and concede to the people of the territories the right to settle the question of slavery in their own way—it was said by the advocates of the measure, that, as soon as the principles of it came to be understood, all agitation and discussion upon the subject of slavery in the territories would be localized—excluded from Congress—and the country would be left in undisturbed repose. So boldly and confidently were these views maintained, that the whole southern delegation in Congress, Whigs and Democrats, with seven or eight exceptions, together with many Democrats from the free States, came into the support of the measure. How were these bold predictions verified? In less than one month of the time during which the Kansas-Nebraska bill was pending in Congress, nearly the whole North was in a flame of resentment and opposition. Old men, of high character and great influence, who had for twenty years opposed the policy and designs of the Abolition faction in the North, suddenly became its allies and coadjutors. Thousands of the best citizens at the North, who had exerted all their energies to repress all opposition to the execution of the Fugitive Slave law of 1850, became suddenly converts to Free-Soilism. The religious feelings of whole communities became frenzied. The pulpit was converted into an engine of anti-slavery propagandism, and hundreds of thousands of sober-minded and conservative people at the North, who had never countenanced sectional strife on the subject of slavery, evinced that they had thrown off their conservatism, and were ready to array themselves under the banner of any party leader or faction, to check the progress of the South in what they considered its aggressive policy.
"After that demonstration of opposition at the North, but little more was said in debate of the tranquillizing character of the measure. But its most influential supporters from the South, becoming inflamed and irritated by the fierce invectives with which the measure was assailed, both within and out of Congress, became, in their turn, reckless (apparently at least) of all consequences, and seemed only bent on victory—on obtaining a triumph by passing the bill! It was in vain that they were admonished that they were adding largely to the abolition faction at the North; that they were increasing the free-soil element of political power in that section. They admitted no distinction between Abolitionists and Free-Soilers, and denounced all at the North who opposed the bill as Abolitionists and foes to the South. Some gentlemen declared that the screams of the Abolitionists were music to their ears. It was idle to warn men in such a tempest of passion, that, instead of sowing the seeds of peace, as they had promised, they were sowing dragons' teeth, that would spring up armed men. So intense did the feeling become on the subject, that some southern members of Congress, who had gone into the support of the bill on the idea that the Missouri restriction act was a violation of the treaty with France, and who would not have listened for a moment to the admission of aliens to the right of suffrage in the territories, lost sight of these views under the influence of the furor that was gotten up among the friends as well as the opponents of the measure; and they became even more determined champions of the bill when these grounds of their original adhesion were entirely swept away—one by the rejection of the Clayton amendment, and the other by the Badger proviso—than they were at the outset.
"There were, however, a few of the supporters of the bill who to the last contended that the intemperate demonstrations of opposition at the North were but the ebullitions of temporary excitement, which would subside as soon as the equitable and just principles of the bill should be exhibited in their practical operation in Kansas. On what flimsy grounds that delusion was indulged, and how soon and under what circumstances it vanished, I need not recount. The recollection of every patriot must still be painfully impressed with them. It is enough to say, that soon after these principles were put in operation in Kansas, disorder, anarchy, and civil war, ensued in rapid succession. It required the strong arm of the government of the United States and the interposition of the military force to sustain the territorial government; and even now, after the lapse of four years, we still find that the presence of a military force is necessary to maintain peace. So much for the effect of that measure on Kansas and the country. How has it been in Congress? Need I ask that question? Has not the subject of slavery in the territory been the absorbing subject of our thoughts and discussions at every session of Congress since the passage of the Kansas-Nebraska act? And as for the character and temper of the debates upon this subject, have they not, in asperity and fierceness, far exceeded those of any antecedent period of our history?
"I now ask the attention of the Senate to the effect of the experiment of localizing slavery agitation in the territories, made in 1854, in changing the complexion of parties both in Congress and in the country. In the Congress which passed the Kansas-Nebraska bill, we have seen that there was at the commencement of the session, in December, 1853, a Democratic majority of eighty-four in the House of Representatives, and only four Free-Soilers, and in the Senate a like number—so small, yet so distinct in their principles, that neither of the two great parties then known to the country knew well how to arrange them on committee.
"Mr. Hale.—You left them off.
"Mr. Bell.—The Whigs were afraid to touch them. Mr. Chase was a Democrat, and was so recognized by his brethren in the Senate, and was taken care of by them in arranging the committees; yet he was one of the gentlemen whom I have designated as Free-Soilers. Now, let us see what was the effect of the Kansas-Nebraska act on the elections which ensued in the fall of 1854, just on the heels of the adoption of that measure. One hundred and seven Free-Soilers were returned to the House of Representatives, and the Democratic party, instead of having a majority of eighty-four in that House, found itself in a minority of seventy-six; and in the Senate the number of Free-Soilers was increased to thirteen. Such was the complexion of the two houses of Congress in the 33d Congress, which assembled in December, 1855. Now, we find in the Senate twenty Free-Soilers. How many more they may have in the next Congress, will depend upon the disposition we make of the questionnow before the Senate. I call upon the senator from Georgia to say whether he will have that number limited or not. Does he want a sufficient number to prevent the ratification of any future treaty of acquisition? How long will it be before we have that number, if the southern Democracy persist in their present course? They would seem to be deeply interested in adding to the power of the Republican party.
"I consider that the most fearful and portentous of all the results of the Kansas-Nebraska act was to create, to build up a great sectional party. My friend from Ohio, who sits near me, [Mr. Wade] must allow me to say, that I regard his party as a sectional one.
"Mr. Wade.—Is not the other side a sectional party?
"Mr. Bell.—So far as they are confined to the South they are, but they say that they lap over.
"Mr. Wade.—Lap over further South still.
"Mr. Bell.—I consider that no more ominous and threatening cloud can darken the political horizon at any time. How formidable this party has already become, may be well illustrated by the fact that its representative candidate, Mr. Fremont, was only beaten in the last Presidential election by the most desperate efforts; and I feel warranted in saying, that but for the imminent prospect of his success, which shone out near the close of the canvass, Mr. Buchanan would not have attained his present high position."
From these extracts the reader will readily perceive the position of Mr. Bell upon the great political question of the day.
JOHN P. HALE.
John P. Hale comes of good old New England stock. His ancestors were the men who founded those New England institutions which are alike the glory of that section of the country and the whole nation. The grandfather of Mr. Hale—Samuel Hale—was a lawyer of ability and success, and he educated his son John—father of the present Mr. Hale—to the same profession. The father of Mr. Hale married a Miss O'Brien, daughter of Capt. Jeremiah O'Brien. Of this ancestor Mr. Hale is justly proud. The following true story is told of his gallantry at the beginning of the Revolutionary War:
"When the news of the struggle with the mother country reached Machias, in Maine (then a province of Massachusetts), on the 9th of May, 1775, an armed British schooner, the Margaretta, was lying in port, with two sloops under her convoy, loading with lumber in behalf of the king's government. An attempt was made to capture the officers of the Margaretta while they were at church, but they escaped on board, weighed anchor, and dropped down the river. On the 11th, a party of thirty-five volunteers was hastily collected, and, taking one of the lumber sloops, they made sail. The Margaretta, on observing their appearance, weighed and crowded sail, to avoid a conflict; the sloop proved to be a better sailor. As she approached, the schooner opened a fire with four light guns and fourteen swivels, to which the sloop replied with musketry, and soon the Americans boarded and captured the Margaretta. The loss of life in this affair was not very large, though twenty men on both sides are said to have been killed and wounded. It was the first blow struck on the water in the Revolutionary struggle, and it was characterized by a long chase, a bloody struggle, and a triumph."There was originally no commander in the sloop, but previously to engaging the Margaretta, Jeremiah O'Brien was selected for that station. Transferring the armament to a sloop, he engaged separately, and captured two English cruisers sent out from Halifax expressly to take him, and carried their crews as prisoners to Watertown, where the provincial Legislature of Massachusetts was assembled. His gallantry was so generally admired, that he was appointed a captain in the marine of the colony, and afterward distinguished himself as a continental officer. Two of his brothers, uncles of Mrs. John P. Hale, senior, were also noted for their nautical bravery."
"When the news of the struggle with the mother country reached Machias, in Maine (then a province of Massachusetts), on the 9th of May, 1775, an armed British schooner, the Margaretta, was lying in port, with two sloops under her convoy, loading with lumber in behalf of the king's government. An attempt was made to capture the officers of the Margaretta while they were at church, but they escaped on board, weighed anchor, and dropped down the river. On the 11th, a party of thirty-five volunteers was hastily collected, and, taking one of the lumber sloops, they made sail. The Margaretta, on observing their appearance, weighed and crowded sail, to avoid a conflict; the sloop proved to be a better sailor. As she approached, the schooner opened a fire with four light guns and fourteen swivels, to which the sloop replied with musketry, and soon the Americans boarded and captured the Margaretta. The loss of life in this affair was not very large, though twenty men on both sides are said to have been killed and wounded. It was the first blow struck on the water in the Revolutionary struggle, and it was characterized by a long chase, a bloody struggle, and a triumph.
"There was originally no commander in the sloop, but previously to engaging the Margaretta, Jeremiah O'Brien was selected for that station. Transferring the armament to a sloop, he engaged separately, and captured two English cruisers sent out from Halifax expressly to take him, and carried their crews as prisoners to Watertown, where the provincial Legislature of Massachusetts was assembled. His gallantry was so generally admired, that he was appointed a captain in the marine of the colony, and afterward distinguished himself as a continental officer. Two of his brothers, uncles of Mrs. John P. Hale, senior, were also noted for their nautical bravery."
Mr. Hale, the subject of this sketch, was born on the 31st of March, 1806, at Rochester, New Hampshire. When a boy he, like most New England boys, attended the common district school of his neighborhood. When he grew up to be a young man, he was sent to Phillips Academy, at Exeter, where the well-known Dr. Abbott also educated Daniel Webster, Edward Everett, Lewis Cass and other distinguished men. In September, 1823, Mr. Hale entered Bowdoin College, and graduated with high honors in 1827. Among his associates in college were Hawthorne, Longfellow, Franklin Pierce, Prof. Stone, and S. S. Prentiss. In 1828, Mr. Hale selected his home, the town of Dover, where he now resides. There he went to study law in the office of D. M. Christie. He was admitted to the bar in 1830, and in 1834 his clients had become so numerous that he was obliged to take a partner. He was never so distinguished as a law-student, as for his popular argument with a jury. His forte was then, as now, in appealing directly to the hearts of men. By common sense, humor, pathos and sarcasm he won his cause. Mr. Hale was, we presume, a little more inclined to politics than to law, and if we may judge at all from his looks to-day, he was never over-fond of severe application, mental or physical, to labor.
In 1832, Mr. Hale was elected to represent Dover in the New Hampshire Legislature, and was a staunch Democrat. In 1834, General Jackson appointed him U.S. Attorney for the district of New Hampshire, an office which he filled creditably to himself. Mr. Van Buren continued him in this office, and he filled it till John Tyler removed him. This was a turning point in his history. He fell back to his old practice of the law; but in 1843, he was nominated and elected to Congress, to take his seat in the House of Representatives. A struggle was at that time beginning between the North and the South, and Mr. Hale, apparently to his certain defeat and humiliation, for New Hampshire was then overwhelmingly Democratic, took side with the North and freedom. He was renominated for Congress, but soon afterward he had the courage to come out in a letter denouncing the annexation of Texas. This, as a matter of course, brought down upon him the enmity of his old companions. The State Democratic Committee called a new convention in his district, set his nomination aside, and nominated John Woodbury in his place. It was at this juncture that Mr. Hale showed his nerve, and it is said that his spirited wife sustained him through the campaign with a courage and spirit second only to his own. Suffice it to say, that after an arduous campaign, Mr. Hale triumphed so far as to prevent his competitor from being elected. A majority was required to elect, and no candidate could get that majority. The next year Mr. Hale was sent again to the State Legislature to represent the town of Dover, and he was chosen Speaker of the House of Representatives. He presided so fairly and won so much upon the members, that before the adjournment took place, the Legislature elected Mr. Hale to represent the State, in part, for six years in the United States Senate! This was a great triumph. The man who had been set aside for his faithfulness to his own convictions of right, by party managers, was taken up by the State at large, and sent to represent New Hampshire in the Senate of the United States. His new position was an extraordinary one. He was about to take his seat in the Senate backed by no party, utterly alone, sent there for his individual merits, and not to advance the interests of any party.
A writer not agreeing or sympathizing with Mr. Hale in his peculiar anti-slavery views, speaks of this period of Mr. Hale's history in the following language:
"When Mr. Hale took his seat he was almost alone, and had to combat, single-handed, the political 'giants in those days.' Sometimes he was met with labored arguments, then subjected to bitter reproaches; at times those who were but 'his peers' would affect almost to ignore his presence, and again they would mercilessly denounce him as advocating doctrines dangerous to the liberties of the Republic. But the senator from New Hampshire was not to be intimidated or diverted from what he considered to be his duty. Adopting theguerrillatactics, he manfully held his ground, and with felicitous humor, pungent retort, or keen sarcasm, made an impression upon the phalanx against which he had to contend. So high were his aims, and so conciliating were his manners, that before the close of his senatorial term, Mr. Hale had beaten down the barriers of prejudice, and fairly conquered sectional discourtesy. He was thus not only the standard-bearer, but the pioneer of the North in the Senate."
In 1853, the Democracy were in the ascendency in New Hampshire, and Mr. Atherton took Mr. Hale's seat in the Senate. Mr. Hale was persuaded at this time to locate himself in the city of New York, to practise his profession. Luckily, he did not give up his house at Dover, his family remaining there, and he paying his poll tax there.
In 1855, he was again elected to serve New Hampshire for an unexpired term; and in 1859, was reëlected for another whole term of six years. The same writer from whom we have just quoted, remarks further:
"Senator Hale is especially attentive to his constituents, and never neglects their interests for practice in the Supreme Court or other private business. He is, nevertheless, ever ready to address public assemblages on subjects in which he takes an interest. The sailors will never forget his efforts in procuring an abolition of flogging in the United States navy, in commemoration of which they presented him with a gold medal.
"From the commencement of Senator Hale's career up to the present time, he has been the untiring advocate of whatever he viewed as powerful for good, as calculated to meliorate the condition of man, or as likely to advance the general interests of the American Union, without prejudice to the rights of the section which he represents. He has ever firmly refused to bow before counterfeited images, or to scramble for place in the arena of party, but he has never declined to assume whatever burden of duty his friends counselled him to bear.
"In person, Senator Hale is burly, bluff-looking, with a clear eye, and a hearty grasp of the hand for his friends. His colloquial powers are of a splendid order, and he is a rare humorist, genial, sunshiny and kindly. He laughs with the foibles and shortcomings of the world—not at them; and his laugh is pure and silvery. Married in early life to Miss Lucy H. Lambert, of Berwick, Maine (a lady who combines rare attainments of mind, beauties of character, and personal charms), he has ever found his highest happiness in his own domestic circle, which is now graced by two accomplished daughters, just budding into womanhood. An evening spent with this estimable family is an event to be remembered with pleasure."
Mr. Hale has long been a favorite in the Senate with men of all parties. Whenever it is known beforehand that he is going to speak—no matter what the subject may be—he is sure to gather a crowded audience. He is one of the most popular men in the country, for his satire has never a spice of cruelty in it. His jolly humor, everlasting good nature, and natural love of fair play, make him friends wherever he is, no matter if he be among his bitterest southern enemies.
To gain any idea of the change which has taken place in the Senate since Mr. Hale took his seat in it, we must remember that then he stood upalonethe champion of anti-slavery—unless we make an exception in favor of Mr. Seward—while now more than twenty Republican senators sit with him on the "opposition benches." To get a faint idea of the condition of the Senate when Mr. Hale entered it, let us go back to the 20th of April, 1845. The famous Drayton and Soyers slave case had just occurred, and Dr. Bailey and his paper, the "National Era," had been at the mercy of a mob for three days. Mr. Hale introduced into the Senate a bill relating to riots and unlawful assemblages in the District of Columbia. We will abridge the debate which ensued:
Mr. Foote, of Miss., made a very long speech on the general subject of slavery, and especially slavery in the District of Columbia. The attempt to legislate indirectly—that is, to sustain freedom of discussion in the District—against slavery, was an outrage upon the rights of the South. If any man gives countenance to this bill, he said, I pronounce him to be no gentleman—he would, upon temptation, be guilty of highway robbery on any of the roads of the Union. He charged that the abduction of the Drayton-Soyer slaves was instigated or countenanced by a member of the United States Senate—meaning Mr. Hale. This bill is intended to cover negro-robbery. The New Hampshire senator is endeavoring to get up civil war and insurrection. Let him go South. Let him visit the good State of Mississippi. I invite him there, and will tell him beforehand, in all honesty,that he could not go ten miles into the interior before he would grace one of the tallest trees of the forest, with a rope around his neck, and if necessary, I should myself assist in the operation!
Mr. Hale.—I did not anticipate this discussion, yet I do not regret it. Before proceeding further, let me say that the statement that I have given the slightest countenance to the recent "kidnapping of slaves is false."
Mr. Foote.—It had been stated so to me and I believed it. I am glad to hear the senator say he had no connection with the movement—some of his brethren doubtless had.
Mr. Hale.—The sneer of the gentleman does not affect me. While I am up, let me call the attention of the Senate to a man, who I am proud to call my friend, the editor of the "National Era." Mr. Hale read a card of Dr. Bailey's in the "Intelligencer," declaring his entire ignorance of the abduction of the slaves till they were returned.
Mr. Calhoun.—Does he make denunciation of the robbery?
Mr. Hale.—He had quite enough to do in defending himself, and it was no part of his duty to denounce others.
Mr. Calhoun.—I understand that.
Mr. Hale went on to refer to Mr. Foote's invitation of hanging in Mississippi, and would, in return for the hospitality, invite the senator to come to New Hampshire to discuss this whole subject, and he would there promise him protection and rights. He defended his bill as containing simply the plainest provisions of the common law; yet the South Carolina senator was shocked at his temerity.
Mr. Butler.—Will the senator vote for a bill, properly drawn, inflicting punishment on persons inveigling slaves from the District of Columbia?
Mr. Hale.—Certainly not; and why? Because I do not believe slavery should exist here.
Mr. Calhoun.—He wishes to arm the robbers and disarm the people of the district.... I will take this occasion to say, that I would just as soon argue with a maniac from Bedlam as with the senator from New Hampshire.
Mr. Hale went on calmly to reply to all these personalities by defending his bill. Mr. Foote again got the floor, and began to defend his threat of assassination. He never deplored the death of such men. The senator from New Hampshire will never be a victim. He is one of those gusty declaimers—a windy speaker—a——
Mr. Crittenden.—I call the gentleman to order—and Mr. Foote was called to order by the presiding officer.
Later in the day, Mr. Douglas rose and congratulated Mr. Hale on the triumph he had achieved. The debate would give him ten thousand votes. He could never have represented a State on that floor but for such southern speeches as they had just listened to, breathing a fanaticism as wild and reckless as that of the senator from New Hampshire.
Mr. Calhoun.—Does the gentleman pretend to call me and those who act with me fanatics? We are only defending ourselves. The Illinois senator partially apologized. Mr. Foote was restive, however, and said that he must repeat his conviction, that any man who utters in the South the sentiments of the New Hampshire senator, will meet with death upon the scaffold—and deserves it.
Mr. Douglas.—I must again congratulate the senator from New Hampshire upon the accession of five thousand more votes! and he is on for honors? Who can believe thatnowwalks into the United States Senate, that such things could have been within so few years?
It would be easy to fill this volume with extracts from exciting and interesting debates in the Senate, in which Mr. Hale participated, but we have room only for a few paragraphs, to show his style and manner.
Jan. 19 and 21, 1857, Mr. Hale delivered one of his longest and ablest senatorial speeches upon Kansas and the Supreme Court. We subjoin a few extracts: