CHAPTER III.

Franklin Pierce’s earliest effort at the bar, as we have already observed, was an unsuccessful one; but instead of discouraging him, the failure had only served to awaken the consciousness of latent power, and the resolution to bring it out. Since those days, he had indeed gained reputation as a lawyer. So much, however, was the tenor of his legal life broken up by the months of public service subtracted from each year, and such was the inevitable tendency of his thoughts towards political subjects, that he could but very partially avail himself of the opportunities of professional advancement. But on retiring from the Senate he appears to have started immediately into full practice. Though the people of New Hampshire already knew him well, yet his brilliant achievements as an advocate brought him more into their view, and into closer relations with them, than he had ever before been. He now met his countrymen, as represented in the jury box, face to face, and made them feel what manner of man he was. Their sentiment towards him soon grew to be nothing short of enthusiasm; love, pride, the sense of brotherhood, affectionate sympathy, and perfect trust, all mingled in it. It was the influence of a great heart pervading the general heart, and throbbing with it in the same pulsation.

It has never been the writer’s good fortune to listen to one of Franklin Pierce’s public speeches, whether at the bar or elsewhere; nor, by diligent inquiry, has he been able to gain a very definite idea of the mode in which he produces his effects. To me, therefore, his forensic displays are in the same category with those of Patrick Henry, or any other orator whose tongue, beyond the memory of man, has moulded into dust. His power results, no doubt, in great measure, from the earnestness with which he imbues himself with the conception of his client’s cause; insomuch that he makes it entirely his own, and, never undertaking a case which he believes to be unjust, contends with his whole heart and conscience, as well as intellectual force, for victory. His labor in the preparation of his cases is said to be unremitting; and he throws himself with such energy into a trial of importance as wholly to exhaust his strength.

Few lawyers, probably, have been interested in a wider variety of business than he; its scope comprehends the great causes where immense pecuniary interests are concerned—from which, however, he is always ready to turn aside, to defend the humble rights of the poor man, or give his protection to one unjustly accused. As one of my correspondents observes, “When an applicant has interested him by a recital of fraud or wrong, General Pierce never investigates the man’s estate before engaging in his business; neither does he calculate whose path he may cross. I have been privy to several instances of the noblest independence on his part, in pursuing, to the disrepute of those who stood well in the community, the weal of an obscure client with a good cause.”

In the practice of the law, as Pierce pursued it, in one or another of the court houses of New Hampshire, the rumor of each successive struggle and success resounded over the rugged hills, and perished without a record. Those mighty efforts, into which he put all his strength, before a county court, and addressing a jury of yeomen, have necessarily been, as regards the evanescent memory of any particular trial, like the eloquence that is sometimes poured out in a dream. In other spheres of action, with no greater expenditure of mental energy, words have been spoken that endure from age to age—deeds done that harden into history. But this, perhaps the most earnest portion of Franklin Pierce’s life, has left few materials from which it can be written. There is before me only one report of a case in which he was engaged—the defence of the Wentworths, at a preliminary examination, on a charge of murder. His speech occupied four hours in the delivery, and handles a confused medley of facts with masterly skill, bringing them to bear one upon another, and making the entire mass, as it were, transparent, so that the truth may be seen through it. The whole hangs together too closely to permit the quotation of passages.

The writer has been favored with communications from two individuals, who have enjoyed the best of opportunities to become acquainted with General Pierce’s character as a lawyer. The following is the graceful and generous tribute of a gentleman, who, of late, more frequently than any other, has been opposed to him at the bar:—

“General Pierce cannot be said to have commenced his career at the bar in earnest until after his resignation of the office of senator, in 1842. And it is a convincing proof of his eminent powers that he at once placed himself in the very first rank at a bar so distinguished for ability as that of New Hampshire. It is confessed by all who have the means of knowledge and judgment on this subject, that in no state of the Union are causes tried with more industry of preparation, skill, perseverance, energy, or vehement effort to succeed.

“During much of this time, my practice in our courts was suspended; and it is only within three or four years that I have had opportunities of intimately knowing his powers as an advocate, by being associated with him at the bar; and, most of all, of appreciating and feeling that power, by being opposed to him in the trial of causes before juries. Far more than any other man, whom it has been my fortune to meet, he makes himself felt by one who tries a case against him. From the first, he impresses on his opponent a consciousness of the necessity of a deadly struggle, not only in order to win the victory, but to avoid defeat.

“His vigilance and perseverance, omitting nothing in the preparation and introduction of testimony, even to the minutest details, which can be useful to his clients; his watchful attention, seizing on every weak point in the opposite case; his quickness and readiness; his sound and excellent judgment; his keen insight into character and motives, his almost intuitive knowledge of men; his ingenious and powerful cross-examinations; his adroitness in turning aside troublesome testimony, and availing himself of every favorable point; his quick sense of the ridiculous; his pathetic appeals to the feelings; his sustained eloquence, and remarkably energetic declamation,—all mark him for a ‘leader.’

“From the beginning to the end of the trial of a case, nothing with him is neglected which can by possibility honorably conduce to success. His manner is always respectful and deferential to the court, captivating to the jury, and calculated to conciliate the good will even of those who would be otherwise indifferent spectators. In short, he plays the part of a successful actor; successful, because he always identifies himself with his part, and in him it is not acting.

“Perhaps, as would be expected by those who know his generosity of heart, and his scorn of everything like oppression or extortion, he is most powerful in his indignant denunciations of fraud or injustice, and his addresses to the feelings in behalf of the poor and lowly, and the sufferers under wrong. I remember to have heard of his extraordinary power on one occasion, when a person who had offered to procure arrears of a pension for revolutionary services had appropriated to himself a most unreasonable share of the money. General Pierce spoke of the frequency of these instances, and, before the numerous audience, offered his aid, freely and gratuitously, to redress the wrongs of any widow or representative of a revolutionary officer or soldier who had been made the subject of such extortion.

“The reply of the poor man, in the anecdote related by Lord Campbell of Harry Erskine, would be applicable, as exhibiting a feeling kindred to that with which General Pierce is regarded: ‘There’s no a puir man in a’ Scotland need to want a friend or fear an enemy, sae lang as Harry Erskine lives!’”

We next give his aspect as seen from the bench, in the following carefully prepared and discriminating article, from the chief justice of New Hampshire:—

“In attempting to estimate the character and qualifications of Mr. Pierce as a lawyer and an advocate, we undertake a delicate, but, at the same time, an agreeable task. The profession of the law, practised by men of liberal and enlightened minds, and unstained by the sordidness which more or less affects all human pursuits, invariably confers honor upon and is honored by its followers. An integrity above suspicion, an eloquence alike vigorous and persuasive, and an intuitive sagacity have earned for Mr. Pierce the reputation that always follows them.

“The last case of paramount importance in which he was engaged as counsel was that of Morrison v. Philbrick, tried in the month of February, 1852, at the Court of Common Pleas for the county of Belknap. There was on both sides an array of eminent professional talent, Messrs. Pierce, Bell, and Bellows appearing for the defendant, and Messrs. Atherton and Whipple for the plaintiff. The case was one of almost unequalled interest to the public generally, and to the inhabitants of the country lying around the lower part of Lake Winnipiscogee. A company, commonly called the Lake Company, had become the owners of many of the outlets of the streams supplying the lake, and by means of their works at such places, and at Union Bridge, a few miles below, were enabled to keep back the waters of the lake, and to use them as occasion should require to supply the mills at Lowell. The plaintiff alleged that the dam at Union Bridge had caused the water to rise higher than was done by the dam that existed in the year 1828, and that he was essentially injured thereby. The case had been on trial nearly seven weeks. Evidence equivalent to the testimony of one hundred and eighty witnesses had been laid before the jury. Upon this immense mass of facts, involving a great number of issues, Mr. Pierce was to meet his most formidable opponent in the state, Mr. Atherton. In that gentleman are united many of the rarest qualifications of an advocate. Of inimitable self-possession; with a coolness and clearness of intellect which no sudden emergencies can disturb; with that confidence in his resources which nothing but native strength, aided by the most thorough training, can bestow; with a felicity and fertility of illustration, the result alike of an exquisite natural taste and a cultivation of those studies which refine while they strengthen the mind for forensic contests,—Mr. Atherton’s argument was listened to with an earnestness and interest which showed the conviction of his audience that no ordinary man was addressing them.

“No one who witnessed that memorable trial will soon forget the argument of Mr. Pierce on that occasion. He was the counsel for the defendant, and was therefore to precede Mr. Atherton. He was to analyze and unfold to the jury this vast body of evidence under the watchful eyes of an opponent at once enterprising and cautious, and before whom it was necessary to be both bold and skilful. He was to place himself in the position of the jury, to see the evidence as they would be likely to regard it, to understand the character of their minds and what views would be the most likely to impress them. He was not only to be familiar with his own case, but to anticipate that of his opponent, and answer as he best might the argument of the counsel. And most admirably did he discharge the duties he had assumed on behalf of his client. Eminently graceful and attractive in his manner at all times, his demeanor was then precisely what it should have been, showing a manly confidence in himself and his case, and a courteous deference to the tribunal he was addressing. His erect and manly figure, his easy and unembarrassed air, bespoke the favorable attention of his audience. His earnest devotion to his cause, his deep emotion, evidently suppressed, but for that very reason all the more interesting, diffused themselves like electricity through his hearers. And when, as often happened, in the course of his argument, his clear and musical accents fell upon the ear in eloquent and pointed sentences, gratifying the taste while they satisfied the reason, no man could avoid turning to his neighbor, and expressing by his looks that pleasure which the very depth of his interest forbade him to express in words. And when the long trial was over, every one remembered with satisfaction that these two distinguished gentlemen had met each other during a most exciting and exhausting trial of seven weeks, and that no unkind words, or captious passages, had occurred between them to diminish their mutual respect, or that in which they were held by their fellow-citizens.

“In the above remarks, we have indicated a few of Mr. Pierce’s characteristics as an advocate; but he possesses other endowments, to which we have not alluded. In the first place, as he is a perfectly fearless man, so he is a perfectly fearless advocate; and true courage is as necessary to the civilian as to the soldier, and smiles and frowns Mr. Pierce disregards alike in the undaunted discharge of his duty. He never fears to uphold his client, however unpopular his cause may seem to be for the moment. It is this courage which kindles his eloquence, inspires his conduct, and gives direction and firmness to his skill. This it is which impels him onward, at all risks, to lay bare every ‘mystery of iniquity’ which he believes is threatening his case. He does not ask himself whether his opponent be not a man of wealth and influence, of whom it might be for his interest to speak with care and circumspection; but he devotes himself with a ready zeal to his cause, careless of aught but how he may best discharge his duty. His argumentative powers are of the highest order. He never takes before the court a position which he believes untenable. He has a quick and sure perception of his points, and the power of enforcing them by apt and pertinent illustrations. He sees the relative importance and weight of different views, and can assign to each its proper place, and brings forward the main body of his reasoning in prominent relief, without distracting the attention by unimportant particulars. And above all, he has the good sense, so rarely shown by many, to stop when he has said all that is necessary for the elucidation of his subject. With a proper confidence in his own perceptions, he states his views so pertinently and in such precise and logical terms, that they cannot but be felt and appreciated. He never mystifies; he never attempts to pervert words from their proper and legitimate meaning to answer a temporary purpose.

“His demeanor at the bar nay be pronounced faultless. His courtesy in the court house, like his courtesy elsewhere, is that which springs from self-respect and from a kindly heart, disposing its owner to say and do kindly things. But he would be a courageous man who, presuming upon the affability of Mr. Pierce’s manner, would venture a second time to attack him; for he would long remember the rebuke that followed his first attack. There is a ready repartee and a quick and cutting sarcasm in his manner when he chooses to display it, which it requires a man of considerable nerve to withstand. He is peculiarly happy in the examination of witnesses—that art in which so few excel. He never browbeats, he never attempts to terrify. He is never rude or discourteous. But the equivocating witness soon discovers that his falsehood is hunted out of its recesses with an unsparing determination. If he is dogged and surly, he is met by a spirit as resolute as his own. If he is smooth and plausible, the veil is lifted from him by a firm but graceful hand. If he is pompous and vain, no ridicule was ever more perfect than that to which he listens with astonished and mortified ears.

“The eloquence of Mr. Pierce is of a character not to be easily forgotten. He understands men, their passions and their feelings. He knows the way to their hearts, and can make them vibrate to his touch. His language always attracts the hearer. A graceful and manly carriage, bespeaking him at once the gentleman and the true man; a manner warmed by the ardent glow of an earnest belief; an enunciation ringing, distinct, and impressive beyond that of most men; a command of brilliant and expressive language; and an accurate taste, together with a sagacious and instinctive insight into the points of his case, are the secrets of his success. It is thus that audiences are moved and truth ascertained; and he will ever be the most successful advocate who can approach the nearest to this lofty and difficult position.

“Mr. Pierce’s views as a constitutional lawyer are such as have been advocated by the ablest minds of America. They are those which, taking their rise in the heroic age of the country, were transmitted to him by a noble father, worthy of the times in which he lived, worthy of that Revolution which he assisted in bringing about. He believes that the Constitution was made, not to be subverted, but to be sacredly preserved; that a republic is perfectly consistent with the conservation of law, of rational submission to right authority, and of true self-government. Equally removed from that malignant hostility to order which characterizes the demagogues who are eager to rise upon the ruins even of freedom, and from that barren and bigoted narrowness which would oppose all rational freedom of opinion, he is, in its loftiest and most ennobling sense, a friend of that Union, without which the honored name of American citizen would become a by-word among the nations. And if, as we fervently pray and confidently expect he will, Mr. Pierce shall display before the great tribunals of the nation the courage, the consistency, the sagacity, and the sense of honor, which have already secured for him so many thousands of devoted friends, and which have signalized both his private and professional life, his administration will long be held in grateful remembrance as one of which the sense of right and the sagacity to perceive it, a clear insight into the true destinies of the country and a determination to uphold them at whatever sacrifice, were the predominant characteristics.”

It may appear singular that Franklin Pierce has not taken up his residence in some metropolis, where his great forensic abilities would so readily find a more conspicuous theatre, and a far richer remuneration than heretofore. He himself, it is understood, has sometimes contemplated a removal, and, two or three years since, had almost determined on settling in Baltimore. But his native state, where he is known so well, and regarded with so much familiar affection, which he has served so faithfully, and which rewards him so generously with its confidence, New Hampshire, with its granite hills, must always be his home. He will dwell there, except when public duty for a season shall summon him away; he will die there, and give his dust to its soil.

It was at his option, in 1846, to accept the highest legal position in the country, setting aside the bench, and the one which undoubtedly would most have gratified his professional aspirations. President Polk, with whom he had been associated on the most friendly terms in Congress, now offered him the post of attorney general of the United States. “In tendering to you this position in my cabinet,” writes the President, “I have been governed by the high estimate which I place upon your character and eminent qualifications to fill it.” The letter, in which this proposal is declined, shows so much of the writer’s real self that we quote a portion of it.

“Although the early years of my manhood were devoted to public life, it was never really suited to my taste. I longed, as I am sure you must often have done, for the quiet and independence that belong only to the private citizen; and now, at forty, I feel that desire stronger than ever.

“Coming so unexpectedly as this offer does, it would be difficult, if not impossible, to arrange the business of an extensive practice, between this and the first of November, in a manner at all satisfactory to myself, or to those who have committed their interests to my care, and who rely on my services. Besides, you know that Mrs. Pierce’s health, while at Washington, was very delicate. It is, I fear, even more so now; and the responsibilities which the proposed change would necessarily impose upon her ought, probably, in themselves, to constitute an insurmountable objection to leaving our quiet home for a public station at Washington.

“When I resigned my seat in the Senate in 1842, I did it with the fixed purpose never again to be voluntarily separated from my family for any considerable length of time, except at the call of my country in time of war; and yet this consequence, for the reason before stated, and on account of climate, would be very likely to result from my acceptance.

“These are some of the considerations which have influenced my decision. You will, I am sure, appreciate my motives. You will not believe that I have weighed my personal convenience and case against the public interest, especially as the office is one which, if not sought, would be readily accepted by gentlemen who could bring to your aid attainments and qualifications vastly superior to mine.”

Previous to the offer of the attorney-generalship, the appointment of United States Senator had been tendered to Pierce by Governor Steele, and declined. It is unquestionable that, at this period, he hoped and expected to spend a life of professional toil in a private station, undistinguished except by the exercise of his great talents in peaceful pursuits. But such was not his destiny. The contingency to which he referred in the above letter, as the sole exception to his purpose of never being separated from his family, was now about to occur. Nor did he fail to comport himself as not only that intimation, but the whole tenor of his character, gave reason to anticipate.

During the years embraced in this chapter,—between 1842 and 1847,—he had constantly taken an efficient interest in the politics of the state, but had uniformly declined the honors which New Hampshire was at all times ready to confer upon him. A democratic convention nominated him for governor, but could not obtain his acquiescence. One of the occasions on which he most strenuously exerted himself was in holding the democratic party loyal to its principles, in opposition to the course of John P. Hale. This gentleman, then a representative in Congress, had broken with his party on no less important a point than the annexation of Texas. He has never since acted with the Democracy, and has long been a leader of the free soil party.

In 1844 died Frank Robert, son of Franklin Pierce, aged four years, a little boy of rare beauty and promise, and whose death was the greatest affliction that his father has experienced. His only surviving child is a son, now eleven years old.

When Franklin Pierce declined the honorable offer of the attorney-generalship of the United States, he intimated that there might be one contingency in which he would feel it his duty to give up the cherished purpose of spending the remainder of his life in a private station. That exceptional case was brought about, in 1847, by the Mexican War. He showed his readiness to redeem the pledge by enrolling himself as the earliest volunteer of a company raised in Concord, and went through the regular drill, with his fellow-soldiers, as a private in the ranks. On the passage of the bill for the increase of the army, he received the appointment of colonel of the Ninth Regiment, which was the quota of New England towards the ten that were to be raised. And shortly afterwards,—in March, 1847,—he was commissioned as brigadier-general in the army; his brigade consisting of regiments from the extreme north, the extreme west, and the extreme south of the Union.

There is nothing in any other country similar to what we see in our own, when the blast of the trumpet at once converts men of peaceful pursuits into warriors. Every war in which America has been engaged has done this; the valor that wins our battles is not the trained hardihood of veterans, but a native and spontaneous fire; and there is surely a chivalrous beauty in the devotion of the citizen soldier to his country’s cause, which the man who makes arms his profession, and is but doing his regular business on the field of battle, cannot pretend to rival. Taking the Mexican War as a specimen, this peculiar composition of an American army, as well in respect to its officers as its private soldiers, seems to create a spirit of romantic adventure which more than supplies the place of disciplined courage.

The author saw General Pierce in Boston, on the eve of his departure for Vera Cruz. He had been intensely occupied, since his appointment, in effecting the arrangements necessary on leaving his affairs, as well as by the preparations, military and personal, demanded by the expedition. The transports were waiting at Newport to receive the troops. He was now in the midst of bustle, with some of the officers of his command about him, mingled with the friends whom he was to leave behind. The severest point of the crisis was over, for he had already bidden his family farewell. His spirits appeared to have risen with the occasion. He was evidently in his element; nor, to say the truth, dangerous as was the path before him, could it be regretted that his life was now to have the opportunity of that species of success which—in his youth, at least—he had considered the best worth struggling for. He looked so fit to be a soldier, that it was impossible to doubt—not merely his good conduct, which was as certain before the event as afterwards, but—his good fortune in the field, and his fortunate return.

He sailed from Newport on the 27th of May, in the bark Kepler, having on board three companies of the Ninth Regiment of Infantry, together with Colonel Ransom, its commander, and the officers belonging to the detachment. The passage was long and tedious, with protracted calms, and so smooth a sea that a sail-boat might have performed the voyage in safety. The Kepler arrived at Vera Cruz in precisely a month after her departure from the United States, without speaking a single vessel from the south during her passage, and, of course, receiving no intelligence as to the position and state of the army which these reenforcements were to join.

From a journal kept by General Pierce, and intended only for the perusal of his family and friends, we present some extracts. They are mere hasty jottings-down in camp, and at the intervals of weary marches, but will doubtless bring the reader closer to the man than any narrative which we could substitute. [In this reprint it has been thought expedient to omit the passages from General Pierce’s journal.]

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General Pierce’s journal here terminates. In its clear and simple narrative the reader cannot fail to see—although it was written with no purpose of displaying them—the native qualities of a born soldier, together with the sagacity of an experienced one. He had proved himself, moreover, physically apt for war, by his easy endurance of the fatigues of the march; every step of which (as was the case with few other officers) was performed either on horseback or on foot. Nature, indeed, has endowed him with a rare elasticity both of mind and body; he springs up from pressure like a well-tempered sword. After the severest toil, a single night’s rest does as much for him, in the way of refreshment, as a week could do for most other men.

His conduct on this adventurous march received the high encomiums of military men, and was honored with the commendation of the great soldier who is now his rival in the presidential contest. He reached the main army at Puebla on the 7th of August, with twenty-four hundred men, in fine order, and without the loss of a single wagon.

General Scott, who was at Puebla with the main army awaiting this reenforcement, began his march towards the city of Mexico on the day after General Pierce’s arrival. The battle of Contreras was fought on the 19th of August.

The enemy’s force consisted of about seven thousand men, posted in a strongly-intrenched camp, under General Valencia, one of the bravest and ablest of the Mexican commanders. The object of the commanding general appears to have been to cut off the communications of these detached troops with Santa Anna’s main army, and thus to have them entirely at his mercy. For this purpose a portion of the American forces were ordered to move against Valencia’s left flank, and, by occupying strong positions in the villages and on the roads towards the city, to prevent reenforcements from reaching him. In the mean time, to draw the enemy’s attention from this movement, a vigorous onset was made upon his front; and as the operations upon his flank were not immediately and fully carried out according to the plan, this front demonstration assumed the character of a fierce and desperate attack, upon which the fortunes of the day much depended. General Pierce’s brigade formed a part of the force engaged in this latter movement, in which four thousand newly-recruited men, unable to bring their artillery to bear, contended against seven thousand disciplined soldiers, protected by intrenchments, and showering round shot and shells against the assailing troops.

The ground in front was of the rudest and roughest character. The troops made their way with difficulty over a broken tract called the Pedregal, bristling with sharp points of rocks, and which is represented as having been the crater of a now exhausted and extinct volcano. The enemy had thrown out skirmishers, who were posted in great force among the crevices and inequalities of this broken ground, and vigorously resisted the American advance; while the artillery of the intrenched camp played upon our troops, and shattered the very rocks over which they were to pass.

General Pierce’s immediate command had never before been under such a fire of artillery. The enemy’s range was a little too high, or the havoc in our ranks must have been dreadful. In the midst of this fire, General Pierce, being the only officer mounted in the brigade, leaped his horse upon an abrupt eminence, and addressed the colonels and captains of the regiments, as they passed, in a few stirring words,—reminding them of the honor of their country, of the victory their steady valor would contribute to achieve. Pressing forward to the head of the column, he had nearly reached the practicable ground that lay beyond, when his horse slipped among the rocks, thrust his foot into a crevice, and fell, breaking his own leg, and crushing his rider heavily beneath him.

Pierce’s mounted orderly soon came to his assistance. The general was stunned, and almost insensible. When partially recovered, he found himself suffering from severe bruises, and especially from a sprain of the left knee, which was undermost when the horse came down. The orderly assisted him to reach the shelter of a projecting rock; and as they made their way thither, a shell fell close beside them and exploded, covering them with earth. “That was a lucky miss,” said Pierce calmly. Leaving him in such shelter as the rock afforded, the orderly went in search of aid, and was fortunate to meet with Dr. Ritchie, of Virginia, who was attached to Pierce’s brigade, and was following in close proximity to the advancing column. The doctor administered to him as well as the circumstances would admit. Immediately on recovering his full consciousness, General Pierce had become anxious to rejoin his troops; and now, in opposition to Dr. Ritchie’s advice and remonstrances, he determined to proceed to the front.

With pain and difficulty, and leaning on his orderly’s arm, he reached the battery commanded by Captain McGruder, where he found the horse of Lieutenant Johnson, who had just before received a mortal wound. In compliance with his wishes, he was assisted into the saddle; and, in answer to a remark that he would be unable to keep his seat, “Then,” said the general, “you must tie me on.” Whether his precaution was actually taken is a point upon which authorities differ; but at all events, with injuries so severe as would have sent almost any other man to the hospital, he rode forward into the battle.

The contest was kept up until nightfall, without forcing Valencia’s intrenchment. General Pierce remained in the saddle until eleven o’clock at night. Finding himself, at nine o’clock, the senior officer in the field, he, in that capacity, withdrew the troops from their advanced position, and concentrated them at the point where they were to pass the night. At eleven, beneath a torrent of rain, destitute of a tent or other protection, and without food or refreshment, he lay down on an ammunition wagon, but was prevented by the pain of his injuries, especially that of his wounded knee, from finding any repose. At one o’clock came orders from General Scott to put the brigade into a new position, in front of the enemy’s works, preparatory to taking part in the contemplated operations of the next morning. During the night, the troops appointed for that service, under Riley, Shields, Smith, and Cadwallader, had occupied the villages and roads between Valencia’s position and the city; so that, with daylight, the commanding general’s scheme of the battle was ready to be carried out, as it had originally existed in his mind.

At daylight, accordingly, Valencia’s intrenched camp was assaulted. General Pierce was soon in the saddle at the head of his brigade, which retained its position in front, thus serving to attract the enemy’s attention, and divert him from the true point of attack. The camp was stormed in the rear by the American troops, led on by Riley, Cadwallader, and Dimmick; and in the short space of seventeen minutes it had fallen into the hands of the assailants, together with a multitude of prisoners. The remnant of the routed enemy fled towards Churubusco. As Pierce led his brigade in pursuit, crossing the battle-field, and passing through the works that had just been stormed, he found the road and adjacent fields everywhere strewn with the dead and dying. The pursuit was continued until one o’clock, when the foremost of the Americans arrived in front of the strong Mexican positions at Churubusco and San Antonio, where Santa Alma’s army had been compelled to make a stand, and where the great conflict of the day commenced.

General Santa Anna entertained the design of withdrawing his forces towards the city. In order to intercept this movement, Pierce’s brigade, with other troops, was ordered to pursue a route by which the enemy could be attacked in the rear. Colonel Noah E. Smith (a patriotic American, long resident in Mexico, whose local and topographical knowledge proved eminently serviceable) had offered to point out the road, and was sent to summon General Pierce to the presence of the commander-in-chief. When he met Pierce, near Coyacan, at the head of his brigade, the heavy fire of the batteries had commenced. “He was exceedingly thin,” writes Colonel Smith, “worn down by the fatigue and pain of the day and night before, and then evidently suffering severely. Still there was a glow in his eye, as the cannon boomed, that showed within him a spirit ready for the conflict.” He rode up to General Scott, who was at this time sitting on horseback beneath a tree, near the church of Coyacan, issuing orders to different individuals of his staff. Our account of this interview is chiefly taken from the narrative of Colonel Smith, corroborated by other testimony.

The commander-in-chief had already heard of the accident that befell Pierce the day before; and as the latter approached, General Scott could not but notice the marks of pain and physical exhaustion against which only the sturdiest constancy of will could have enabled him to bear up. “Pierce, my dear fellow,” said he,—and that epithet of familiar kindness and friendship, upon the battle-field, was the highest of military commendation from such a man,—“you are badly injured; you are not fit to be in your saddle.” “Yes, general, I am,” replied Pierce, “in a case like this.” “You cannot touch your foot to the stirrup,” said Scott. “One of them I can,” answered Pierce. The general looked again at Pierce’s almost disabled figure, and seemed on the point of taking his irrevocable resolution. “You are rash, General Pierce,” said he; “we shall lose you, and we cannot spare you. It is my duty to order you back to St. Augustine.” “For God’s sake, general,” exclaimed Pierce, “don’t say that! This is the last great battle, and I must lead my brigade!” The commander-in-chief made no further remonstrance, but gave the order for Pierce to advance with his brigade.

The way lay through thick standing corn, and over marshy ground intersected with ditches, which were filled, or partially so, with water. Over some of the narrower of these Pierce leaped his horse. When the brigade had advanced about a mile, however, it found itself impeded by a ditch ten or twelve feet wide, and six or eight feet deep. It being impossible to leap it, General Pierce was lifted from his saddle, and in some incomprehensible way, hurt as he was, contrived to wade or scramble across this obstacle, leaving his horse on the hither side. The troops were now under fire. In the excitement of the battle he forgot his injury, and hurried forward, leading the brigade, a distance of two or three hundred yards. But the exhaustion of his frame, and particularly the anguish of his knee,—made more intolerable by such free use of it,— was greater than any strength of nerve, or any degree of mental energy, could struggle against. He fell, faint and almost insensible, within full range of the enemy’s fire. It was proposed to bear him off the field; but, as some of his soldiers approached to lift him, he became aware of their purpose, and was partially revived by his determination to resist it. “No,” said he, with all the strength he had left, “don’t carry me off! Let me lie here!” And there he lay, under the tremendous fire of Churubusco, until the enemy, in total rout, was driven from the field.

Immediately after the victory, when the city of Mexico lay at the mercy of the American commander, and might have been entered that very night, Santa Anna sent a flag of truce, proposing an armistice, with a view to negotiation for peace. It cannot be considered in any other light than as a very high and signal compliment to his gallantry in the field that General Pierce was appointed, by the commander-in-chief, one of the commissioners on our part, together with General Quitman and General Persifer F. Smith, to arrange the terms of this armistice. Pierce was unable to walk, or to mount his horse without assistance, when intelligence of his appointment reached him. He had not taken off his spurs nor slept an hour, for two nights; but he immediately obeyed the summons, was assisted into the saddle, and rode to Tacubaya, where, at the house of the British consul-general, the American and Mexican commissioners were assembled. The conference began late in the afternoon, and continued till four o’clock the next morning, when the articles were signed. Pierce then proceeded to the quarters of General Worth, in the village of Tacubaya, where he obtained an hour or two of repose.

The expectation of General Scott, that further bloodshed might be avoided by means of the armistice, proved deceptive. Military operations, after a temporary interruption, were actively renewed; and on the 8th of September was fought the bloody battle of Molino del Rey, one of the fiercest and most destructive of the war.

In this conflict General Worth, with three thousand troops, attacked and routed fourteen thousand Mexicans, driving them under the protection of the Castle of Chepultepec. Perceiving the obstinacy with which the field was contested, the commander-in-chief dispatched an order to General Pierce to advance to the support of General Worth’s division. He moved forward with rapidity; and although the battle was won just as he reached the field, he interposed his brigade between Worth and the retreating enemy, and thus drew upon himself the fire of Chepultepec. A shell came streaming from the castle, and, bursting within a few feet of him, startled his horse, which was near plunging over an adjacent precipice. Continuing a long time under fire, Pierce’s brigade was engaged in removing the wounded and the captured ammunition. While thus occupied, he led a portion of his command to repel the attacks of the enemy’s skirmishers.

There remained but one other battle,—that of Chepultepec,—which was fought on the 13th of September. On the preceding day (although the injuries and the over-exertion resulting from previous marches and battles had greatly enfeebled him), General Pierce had acted with his brigade. In obedience to orders, it had occupied the field of Molino del Rey. Contrary to expectation, it was found that the enemy’s force had been withdrawn from this position. Pierce remained in the field until noon, when, it being certain that the anticipated attack would not take place before the following day, he returned to the quarters of General Worth, which were near at hand. There he became extremely ill, and was unable to leave his bed for the thirty-six hours next ensuing. In the mean time, the Castle of Chepultepec was stormed by the troops under Generals Pillow and Quitman. Pierce’s brigade behaved itself gallantly, and suffered severely; and that accomplished officer, Colonel Ransom, leading the Ninth Regiment to the attack, was shot through the head, and fell, with many other brave men, in that last battle of the war.

The American troops, under Quitman and Worth, had established themselves within the limits of the city, having possession of the gates of Belen and of San Cosma, but, up till nightfall, had met with a vigorous resistance from the Mexicans, led on by Santa Anna in person. They had still, apparently, a desperate task before them. It was anticipated that, with the next morning’s light, our troops would be ordered to storm the citadel, and the city of Mexico itself. When this was told to Pierce, upon his sick-bed, he rose, and attempted to dress himself; but Captain Hardcastle, who had brought the intelligence from Worth, prevailed upon him to remain in bed, and not to exhaust his scanty strength until the imminence of the occasion should require his presence. Pierce acquiesced for the time, but again arose, in the course of the night, and made his way to the trenches, where he reported himself to General Quitman, with whose division was a part of his brigade. Quitman’s share in the anticipated assault, it was supposed, owing to the position which his troops occupied, would be more perilous than that of Worth.

But the last great battle had been fought. In the morning, it was discovered that the citadel had been abandoned, and that Santa Anna had withdrawn his army from the city.

There never was a more gallant body of officers than those who came from civil life into the army on occasion of the Mexican War. All of them, from the rank of general downward, appear to have been animated by the spirit of young knights, in times of chivalry, when fighting for their spurs. Hitherto known only as peaceful citizens, they felt it incumbent on them, by daring and desperate valor, to prove their fitness to be intrusted with the guardianship of their country’s honor. The old and trained soldier, already distinguished on former fields, was free to be discreet as well as brave; but these untried warriors were in a different position, and therefore rushed on perils with a recklessness that found its penalty on every battle-field—not one of which was won without a grievous sacrifice of the best blood of America. In this band of gallant men, it is not too much to say, General Pierce was as distinguished for what we must term his temerity in personal exposure, as for the higher traits of leadership, wherever there was an opportunity for their display.

He had manifested, moreover, other and better qualities than these, and such as it affords his biographer far greater pleasure to record. His tenderness of heart, his sympathy, his brotherly or paternal care for his men, had been displayed in a hundred instances, and had gained him the enthusiastic affection of all who served under his command. During the passage from America, under the tropics, he would go down into the stifling air of the hold, with a lemon, a cup of tea, and, better and more efficacious than all, a kind word for the sick. While encamped before Vera Cruz, he gave up his own tent to a sick comrade, and went himself to lodge in the pestilential city. On the march, and even on the battle-field, he found occasion to exercise those feelings of humanity which show most beautifully there. And, in the hospitals of Mexico, he went among the diseased and wounded soldiers, cheering them with his voice and the magic of his kindness, inquiring into their wants, and relieving them to the utmost of his pecuniary means. There was not a man of his brigade but loved him, and would have followed him to death, or have sacrificed his own life in his general’s defence.

The officers of the old army, whose profession was war, and who well knew what a soldier was and ought to be, fully recognized his merit. An instance of their honorable testimony in his behalf may fitly be recorded here. It was after General Pierce had returned to the United States. At a dinner in the halls of Montezuma, at which forty or fifty of the brave men above alluded to were present, a young officer of the New England Regiment was called on for a toast. He made an address, in which he spoke with irrepressible enthusiasm of General Pierce, and begged to propose his health. One of the officers of the old line rose, and observed that none of the recently appointed generals commanded more unanimous and universal respect; that General Pierce had appreciated the scientific knowledge of the regular military men, and had acquired their respect by the independence, firmness, and promptitude with which he exercised his own judgment, and acted on the intelligence derived from them. In concluding this tribute of high, but well-considered praise, the speaker very cordially acquiesced in the health of General Pierce, and proposed that it should be drunk standing, with three times three.

General Pierce remained in Mexico until December, when, as the warfare was over, and peace on the point of being concluded, he set out on his return. In nine months, crowded full of incident, he had seen far more of actual service than many professional soldiers during their whole lives. As soon as the treaty of peace was signed, he gave up his commission, and returned to the practice of the law, again proposing to spend the remainder of his days in the bosom of his family. All the dreams of his youth were now fulfilled; the military ardor, that had struck an hereditary root in his breast, had enjoyed its scope, and was satisfied; and he flattered himself that no circumstances could hereafter occur to draw him from the retirement of domestic peace. New Hampshire received him with even more enthusiastic affection than ever. At his departure, he had received a splendid sword at the hands of many of his friends, in token of their confidence; he had shown himself well worthy to wear and able to use a soldier’s weapon; and his native state now gave him another, the testimonial of approved valor and warlike conduct.


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