OLD BEN.
That evening, Case and Bart went in rather late to supper at the
Jefferson House, and Case pointed out B.P. Wade sitting at the head of
one of the tables. Bart studied him closely.
He was then about thirty-five or thirty-six years of age; of a fine,
athletic, compact and vigorous frame, straight, round, and of full
average height, with an upward cast of the head and face that made him
look taller than he was. He had a remarkably fine head and a striking
face--a high, narrow, retreating forehead, a little compressed at the
temples, aquiline nose, firm, goodish mouth, and prominent chin, with
a deep dark eye, and strongly marked brow, not handsome, but a strong,
firm, noticeable face, which, with his frank, manly, decided manner
and carriage, would at once arrest the eye of a stranger, as it did
that of Bart, who knew that he saw a remarkable man. The head was
turned, so that the light fell upon the face, giving it strong light
and shadow in the Rembrandt style; and Bart studied and contemplated
it at great advantage.
He tried to reproduce the recent scene in the Ohio Senate, in which
Wade performed so conspicuous a part. It was in the worst of the
bad days of Northern subserviency to slavery, which now seem
almost phantasmagorical; when, at the command of the Kentucky State
Commissioners, the grovelling majority of the Ohio Legislature
prostrated the State abjectly in the dust beneath its feet, it was
demanded that no man of African blood should be permitted to remain in
the State unless some responsible white man should become bail for his
good conduct, and that he should never become a public charge.
The bill was about to be put on its final passage in the Senate, by a
majority made up of men so revoltingly servile, that even such infamy
failed to preserve their names. "Tin Pan" had decreed that a vote
should be taken before adjournment for the night, and the debate ran
into the deep hours. Gregg Powers, a tall, dark-haired, black-eyed,
black-browed young senator, from Akron, had just pronounced a fervent,
indignant, sarcastic and bitter phillipic against it, when, after
midnight, Wade arose, with angry brow and flashing eye. Argument and
logic were out of place; appeals to honor could not be comprehended
by men shameless by nature, abject by instinct, and infamous by habit,
and who cared nothing for the fame of their common State. Wade,
at white heat, turned on them a mingled torrent of sarcasm, scorn,
contempt, irony, scoffing, and derision, hot, seething, hissing,
blistering, and consuming. He then turned to the haughty and insolent
Commissioners of slavery, who were present, that the abasement of
the State might lack no mark or brand, and with an air haughtier and
prouder than their own, defied them. He declared himself their mortal
foe, and cast the gauntlet contemptuously into their faces. He told
them they would meet him again in the coming bitter days, and with
prodigious force, predicted the extirpation of slavery. Nobody called
him to order; nobody interrupted him; and when he closed his awful
phillipic, nobody tried to reply. The vote was taken, and the bill
passed into a law. And as Bart called up the scene, and looked at the
man taking his tea, and conversing carelessly, he thought that a life
would be a cheap price for such an opportunity and effort.
Nature had been generous to Wade, and given him a fine, well-balanced,
strong, clear intellect, of a manly, direct, and bold cast, as well
of mind as temperament. He was not destitute of learning in his
profession, but rather despised culture, and had a certain indolence
of intellect, that arose in part from undervaluing books, and although
later a great reader, he was never a learned man. His manners were
rude though kind; he had wonderful personal popularity, and was the
freest possible from cant, pretence, or any sort of demagogueism.
He was as incapable of a mean thought as of uttering the slightest
approach to an untruth, or practising a possible insincerity. He was
a favorite with the young lawyers and students, who imitated his rude
manner and strong language; was a dangerous advocate, and had much
influence with courts. In all these early years he was known as Frank
Wade; "Ben" and "old Ben" came to him years after at Washington.
When he left the supper room Case found an opportunity to introduce
Bart to him. Wade received him very cordially, and spoke with great
kindness of his brother Henry, and remarked that Bart did not much
resemble him.
"So I am generally told," said Bart; "and I fear that I am less like
him in intellect than in person."
"You may possibly not lose by that. Most persons would think you
better looking, and you may have as good a mind--that we will find out
for ourselves."
Bart felt that this was kind. Wade then remarked that they would find
time on Monday to overhaul his law. Later, Bart met Ranney, who, he
thought, received him coolly.
The next day the young men went to church. Nothing in the way of
heresy found foothold at Jefferson. It was wholly orthodox; although
it was suspected that Wade and Ranney had notions of their own in
religion; or rather the impression was that they had no religion of
any kind. Not to have the one and true, was to have none according to
the Jefferson platform.
Monday was an anxious day for Bart. He would now be put to a real
test. He knew he had studied hard, but he remembered the air with
which Henry and Ranney waived him off. Then he was so poor, and was
so anxious to get through, and be admitted in September, that he was
a little nervous when the lawyers found leisure in the afternoon to
"overhaul his law," as Wade had expressed it.
Ranney had no idea of letting him off on definitions and general
rules, and he plunged at once into special pleading, as presented by
Chitty, in his chapter on Replications. No severer test could have
been applied, and the young men thought it a little rough. Bart
answered the questions with some care, and gave the reason of the
rules clearly. Ranney then proposed a case of a certain special plea,
and asked Bart how he would reply. Bart enumerated all the various
replies that might be made, and the method of setting each forth.
Ranney then asked him to state an instance of new assignment, in
a replication; and when Bart had stated its purpose and given an
instance, he said he thought that a good pleader would always so state
his case in his declaration as to render a new assignment unnecessary,
perhaps impossible. He was then asked what defects in pleading would
be cured by a general verdict? and gave the rules quite luminously.
Ranney then asked him what books he had read; and Bart named several.
"What others?" and he named as many more. "Is that all?" laughing.
"Oh!" said Bart, "I remember what you and Henry said about my reading,
and really I have dipped into a good many besides."
"Well, Ranney," said Wade, "what can we do for this young man? I think
he will pass now, better than one in a hundred."
"I think so too; still, I think we can help him, or help him to help
himself." And he finally named a work on commercial law, a book on
medical jurisprudence, and a review of Kent. At leisure moments, he
would have him practise in drawing bills in Chancery, declarations,
pleas, etc.
Bart certainly might be pleased with this result, and it evidently
advanced him very much in the estimation of all who had listened to
his examination, although he felt that the work imposed upon him was
rather slender, and just what he should do with the spare time this
labor would leave him he would not then determine.
He liked his new position with these ambitious young men, engaged in
intellectual pursuits, with whom he was to associate and live, and
upon whom he felt that he had made a favorable impression. It did
not occur to him that there might be society, save with these and
his books; nor would it have occurred to him to enquire, or to seek
entrance into it, if it existed; with a sort of intellectual hunger
he rushed upon his books with a feeling that he had recently been
dissipated, and misapplied his time and energies.