CHAPTER XVI

SOME SOUTHERN SENATORS

Another most delightful Democrat, with whom it was my pleasure

to form quite intimate relations, was Senator Howell E. Jackson

of Tennessee. He had been in the Confederate service. I

think he did not approve Secession, but like most others who

dwelt in the South, thought his allegiance primarily due to

his State. He was an admirable lawyer, faithful, industrious,

clear-headed and learned in the law. He had been a Whig before

the war, and, like other Southern Whigs, favored a moderate

protective tariff. He was anxious to have the South take

her place as a great manufacturing community, for which her

natural resources of iron and coal and her great water power

gave her such advantages. He was opposed to the Republican

measures of Reconstruction and to placing the negro on a political

equality with the whites. But he also discountenanced and

condemned any lawless violence or fraud.

Senator Jackson was appointed Judge of the United States Circuit

Court by President Cleveland. He held that office when a

vacancy on the Bench of the Supreme Court came by the death

of Justice Lamar. The election of 1892 had resulted in the

choice of President Cleveland. The Democrats in the Senate

were determined that no Republican who should be nominated

by President Harrison should be confirmed, and did not mean,

if they could help it, that the place should be filled during

the December session. The only way to get such a confirmation

would be for the Republican majority to put the question ahead

of all other subjects, to go into Executive session every

day as soon as the Senate met, and remain there until the

judgeship was disposed of. The Democrats must then choose

between defeating the Appropriation Bills, and compelling

an extra session, which the in-coming Administration would

not like. In order to do that, however, the small Republican

majority must hold together firmly, and be willing to take

the risk of an extra session.

I called on President Harrison and urged upon him the appointment

of Judge Jackson. I represented that it was desirable that

there should be some Democrats upon the Bench, and that they

should be men who had the confidence of their own part of

the country and of the country at large; that Judge Jackson

was a man of admirable judicial quality; that he had the public

confidence in a high degree, and that it would be impossible

for the Democratic Party to object to his selection, while

it would strengthen the Bench. So I thought that even if

we could put one of our men there without difficulty, it would

be wise to appoint Jackson.

President Harrison was very unwilling, indeed, to take this

view. He answered me at first in his rough impulsive way,

and seemed very unwilling even to take the matter into consideration.

But after a considerable discussion he asked me to ascertain

whether the Republicans would be willing, if he sent in a

Republican name, to adopt the course above suggested, and

transact no other business until the result was secured, even

at the risk of defeating the Appropriation Bills and causing

an extra session. I went back to the Senate and consulted

a good many Senators. Nearly all of them said they would

not agree to such a struggle; that they thought it very undesirable

indeed; that the effect would be bad. So it was clear that

nothing could be accomplished in that way. I went back to

the White House and reported. I got the authority of the

gentlemen I had consulted to tell the President what they

said. The result was the appointment of Judge Jackson, to

the great satisfaction of the country. He was a very industrious

and faithful Judge. But his useful life came to an end soon

afterward, I suppose largely as the result of overwork in his

important and laborious office.

The Attorney-General said of Mr. Justice Jackson: "He was

not so much a Senator who had been appointed Judge, as a Judge

who had served for a time as a Senator."

I served with Senator Jackson on the Committee on Claims,

and on the Committee on the Judiciary. We did not meet often

in social life. He rarely came to my room. I do not remember

that I ever visited him in his home. But we formed a very

cordial and intimate friendship. I have hardly known a nature

better fitted, morally or intellectually, for great public

trusts, either judicial or political, than his. In the beginning,

I think the framers of the Constitution intended the Senate

to be a sort of political Supreme Court, in which, as a court

of final resort, the great conflicts which had stirred the

people, and stirred the Representatives of the people in the

lower House, should be decided without heat and without party

feeling. It was, I have been told, considered a breach of

propriety to allude to party divisions in early debates in

the Senate, as it would be now deemed a breach of propriety

to allude to such divisions in the Supreme Court of the United

States.

Howell E. Jackson had this ancient Senatorial temperament.

He never seemed to me to be thinking of either party or section

or popular opinion, or of the opinion of other men; but only

of public duty.

He never flinched from uttering and maintaining his opinions.

He never caressed or cajoled his political antagonists. It

is a great tribute to his personal quality that he owed his

election as Senator to his political opponents who, when his

own party was divided, joined a majority of his party to elect

him. He also, as has been said, owed his appointment as Associate

Justice of the Supreme Court to the impression which his probity

and ability had made on his political opponents. When sick

with a fatal illness he left a sick bed to take his place

upon the Bench at the call of duty when the Income Tax case

was to be decided. There is no doubt that the effort hastened

his death. I do not agree with the conclusion to which he

came on that great occasion. But the fact that he came to

that conclusion is enough to make me feel sure that there

were strong reasons for it, which might well convince the

clearest understanding, and be reconciled with the most conscientious

desire to do right.

No list of the remarkable Senators of my time would be complete

which did not contain the name of Senator Vest of Missouri.

He was not a very frequent speaker, and never spoke at great

length. But his oratoric powers are of a very high order.

On some few occasions he has made speeches, always speaking

without notes, and I suppose without previous preparation

so far as expression and style go, which have very deeply

moved the Senate, though made up of men who have been accustomed

to oratory and not easily stirred to emotion. Mr. Vest is

a brave, sincere, spirited and straightforward man. He has

a good many of the prejudices of the old Southern Secessionist.

I think those prejudices would long ago have melted away in

the sunshine of our day of returning good feeling and affection,

but for the fact that his chivalrous nature will not permit

him to abandon a cause or an opinion to which he has once

adhered, while it is unpopular. He is like some old cavalier who

supported the Stuarts, who lived down into the days of the

House of Hanover, but still toasted the King over the water.

Among the most interesting characters with whom it has been

my fortune to serve is Senator John W. Daniel of Virginia.

Our ways of life, and in many particulars our ways of thinking,

are far apart. But I have been led to form a great respect

for his intellectual qualities, and for his sincere and far-

sighted patriotism.

Mr. Daniel came into the Senate in 1887. He had been known

as a very eminent lawyer at the Virginia Bar, author of two

excellent law books. He had served a single term in the National

House of Representatives. He had won a National reputation

there by a very beautiful and brilliant speech at the completion

of the Washington Monument. There were two notable orations

at the time, one by Mr. Daniel and one by Robert C. Winthrop.

These gentlemen were selected for the purpose as best representing

two sections of the country. Mr. Winthrop was, beyond all

question, the fittest man in the North for such a task. I

have a special admiration for the spirit and eloquence with

which he performed such duties. To my mind no higher praise

could be given Mr. Daniel's address than that it is worthy

of that company.

I had occasion to look at Mr. Winthrop's address some little

time ago, and, opening the volume containing it in the middle,

I read a page or two with approval and delight thinking it

was Mr. Winthrop's. But I found, on looking back to the beginning

that it was Senator Daniel's.

Mr. Daniel speaks too rarely in the Senate. He is always

listened to with great attention. He speaks only on important

questions, to which he always makes an important contribution.

He has the old-fashioned Virginia method of speech, now nearly

passed away,--grave, deliberate, with stately periods and

sententious phrases, such, I suppose, as were used in the

Convention that adopted the Constitution, or in that which

framed or revised the Constitution of Virginia.

Mr. Daniel was a Confederate soldier. He is a Virginian

to his heart's core. He looks with great alarm on the possibility

that the ancient culture and nobility of the South, and the

lofty character of the Virginian as he existed in the time

of Washington and Marshall and Patrick Henry may be degraded

by raising what he thinks an inferior race to social or even

political equality.

But he retains no bitterness or hate or desire for revenge

by reason of the conflict of the Civil War. He delivered an

address before the President of the United States, the Supreme

Court, the representatives of foreign Governments, the two

Houses of Congress and the Governors of twenty-one States

and Territories, on the 12th of December, 1900, on the occasion

of the celebration of the Centennial Anniversary of establishing

the seat of Government at Washington. That remarkable address

was full of wise counsel to his countrymen. Coming from a

representative of Virginia, who had borne arms and been badly

wounded in the Civil War, it had a double value and significance.

Mr. Daniel declared the cheering and hopeful truth that great

races are made of a mixture of races, and that the best and

bravest blood of the world's great races is mixed in the

American. He appealed eloquently to the circumstances which

should stir the heart of the whole people to a new and loftier

love of country. He pointed out that the differences in forty-

five great Commonwealths are not greater than ought to be

expected, and indeed not greater than is healthy. He pointed

out the National strength, the power of our great Republic

stands at the dawn of a new century, with every man under

its flag a freeman and ready to defend it. He called upon

his countrymen to stand by the Monroe Doctrine, to be ready

to defend it, if need be, in arms. He then specially appealed

to the people to foster the inventive genius of the country,

and repeated Mr. Jefferson's lofty prophecy that in some future

day--

"The farthest star in the heavens will bear the name of Washington,

and the city he founded be the Capital of the universal Republic."

Isham G. Harris entered the Senate the same day I did. I

counted him always among my friends, although we had some

sharp passages. I cannot describe him better than by reprinting

here what I said of him in the Senate after his death.

"Mr. President, the great career of Senator Harris is well

known to his countrymen. He has been for more than a generation

a striking and conspicuous figure in our public life. His

colleague, his successor, the men of his own political faith,

the people of the great State which he served and honored

and loved so long, will, each in their own way, portray his

character and record their esteem and affection.

"My tribute must be that of a political opponent. So far

as I have been able to exert any influence upon the history

of my country during the long conflict now happily past, it

has been in opposition to him, to the party to which he belonged,

to the opinions which he held, I am sure, quite as zealously

and conscientiously as I hold my own.

"We entered the Senate on the same day. He was a Southerner,

a Democrat and a Confederate. I was born and bred in New

England, a Republican, and an Abolitionist. We rarely spoke

in the same debate except on different sides. Yet I have

no memory of him that is not tender and affectionate, and

there is nothing that I can honestly say of him except words

of respect and of honor.

"He was a typical Southerner. He had the virtues and the

foibles that belonged to that character in the generation

the last of whom are now passing from the stage of public

action. He was a man of very simple and very high qualities.

He was a man of absolute frankness in public behavior and

in private dealing. The thought that was in his heart corresponded

absolutely with the utterance of his lips. He had nothing

to conceal. I was about to say he was a man without the gift

of diplomacy; but he was a man with the gift of the highest

diplomacy--directness, simplicity, frankness, courage--qualities

which make always their way to their mark and to their goal

over all circumlocutions and ambiguities.

"He was a man of brief, clear and compact speech. He would

sum up in a few vigorous and ringing sentences the argument

to which other men would give hours or days. He had an instinct

for the hinge or turning point of a debate.

"He was a man of absolute integrity and steadfastness. What

he said, that he would do. Where you left him, there, so

long as he lived, you would find him when you came back.

He was a man of unflinching courage. He was not afraid of

any antagonist, whether in the hall of debate or on the field

of battle.

"He was an acknowledged master of parliamentary law, a system

upon which not only the convenient procedure of legislative

bodies largely depends, but which has close relations to Constitutional

Liberty itself. How often a few simple and clear sentences

of his have dispersed the clouds and brought order out of

confusion in this Chamber.

"His great legislative experience made him invaluable as

a servant of his own State, of the country and as a counsellor

to his younger associates.

"He was a pleasant man in private intercourse. He had great

sense of humor, a gift of portraiture, a good memory. So

he brought out of the treasure-house of his varied experience

abundant matter for the delight of young and old. There is

no man left in the Senate who was better company in hours

of recreation.

"His influence will be felt here for a long time. His striking

figure will still seem to be hovering about the Senate Chamber,

still sitting, still deliberating, still debating.

"Mr. President, it is delightful to think how, during the

lives of the men who took part in the great conflict which

preceded and followed the Civil War and the greater conflict

of the war itself, the old bitterness and estrangements are

all gone. Throughout the whole land the word 'countryman'

has at last become a title of endearment. The memory of the

leaders of that great conflict is preserved as tenderly by

the men who fought with them as by the men who followed them.

Massachusetts joins with Tennessee in laying a wreath on the

tomb of her great soldier, her great Governor, her great Senator.

He was faithful to truth as he saw it; to duty as he understood

it; to Constitutional Liberty as he conceived it.

"If, as some of us think, he erred, his error was that of a

brave man ready to give life and health and hope to the unequal

struggle.

To his loved cause he offered, free from stain,

Courage and faith; vain faith and courage vain.

"And, Mr. President, when he returned to his allegiance,

he offered to the service of his reunited country the same

zeal and devotion he had given to the Confederacy. There

was no reserved or half-hearted loyalty. We could have counted

on his care for the honor and glory of his country, on his

wise and brave counsel, in this hour of anxiety, with an unquestioning

confidence. So Massachusetts to-day presses the hand of Tennessee

and mourns with her for her great citizen who has departed."

James B. Eustis of Louisiana was of old Massachusetts stock.

His father was graduated at Harvard, and went to New Orleans,

where he acquired great distinction at the bar, and as Chief

Justice of that State. Senator Eustis's great-uncle was General

Eustis, an eminent solider of the Revolutionary War, and afterward

Governor of Massachusetts.

Senator Eustis seemed somewhat indolent, and to take very

little interest indeed in what was going on, except on some

few occasions when he bore himself in debate with remarkable

ability. I think his grave, scholarly style, and his powerful

reasoning, the propriety, dignity and moderation with which

he dealt with important subjects, made him nearly the finest

example of Senatorial behavior I have ever known. He once

made a speech in Executive session, on a topic which was suggested

suddenly and he could not have anticipated, on the character

and history of French diplomacy, which was marvellous alike

for his profound and accurate knowledge of the subject and

the beauty and grace of his discourse.

I was not intimate with him in Washington. But I met him

in Paris, while he was Ambassador there under President Cleveland's

Administration. I have delightful memories of his hospitality,

especially of one breakfast, where there was but one other

guest beside myself, in a beautiful room overlooking the Seine

and the Place de la Concorde.

If I were to select the one man of all others with whom I

have served in the Senate, who seems to me the most perfect

example of the quality and character of the American Senator,

I think it would be Edward C. Walthall of Mississippi. I

knew him personally very little. I do not now remember that

I ever saw him, except in the Capitol, or in the Capitol grounds.

I had, I dare say, some pleasant talks with him in the Senate

Chamber, or the cloak room. But I remember little of them

now. He rarely took part in debate. He was a very modest

man. He left to his associates the duty of advocating his

and their opinions, unless he was absolutely compelled by

some special reason to do it himself. When he did speak the

Senate listened to a man of great ability, eloquence and dignity.

I once heard him encounter William M. Evarts in debate. Evarts

made a prepared speech upon a measure which he had in charge.

Walthall's reply must have been unpremeditated and wholly

unexpected to him. I think Evarts was in the right and Walthall

in the wrong. But the Mississippian certainly got the better

of the encounter.

It is a remarkable truth, which impresses itself upon me more

and more the longer I live, that men who are perfectly sincere

and patriotic may differ from each other on what seem the

clearest principles of morals and duty, and yet both sides

be conscientious and patriotic. There is hardly a political

question among the great questions that have excited the American

people for the last half century on which we did not differ

from each other. The difference was not only as to the interpretation

of the Constitution, and the welfare of the people, but seemed

to go down to the very roots of the moral law.

Yet what I have just said about him is without exaggeration.

I have the right to believe that he entertained the kindliest

and most cordial feeling of regard for me. Not long before

he died, President McKinley sent for me to come to the White

House. He wished to talk with me about what he should do

in dealing with Cuba. He was then holding back the popular

feeling, and resisting a demand which manifested itself among

Republicans in both Houses of Congress for immediate and vigorous

action which would without doubt have brought on the war with

Spain without delay. He hoped then that the war might be

avoided. I had to go to the Capitol before complying with

the President's request, as it was shortly before the time

for the session. As I was leaving the Capitol to go to the

White House, I met Senator Walthall. He said, "You seem to

be going the wrong way this morning," or something like that.

I said, "Yes, I am going to see the President." Senator Walthall

said; "I wish you would be good enough to say to him from

me that he may depend upon the support of the Democrats in

the Senate, with only one or two exceptions," whom he named,

"to support him in his efforts to avoid war, and to accomplish

a peaceful solution of the difficulties in regard to Cuba."

I undertook to give the message. And just as we were parting,

Senator Walthall turned and said to me that he wished to tell

me how highly he regarded me, and how sensible he was, notwithstanding

my very strong Northern feeling, of my appreciation of the

character of the Southern people, and my desire to do them

full justice. He added that he regarded it one of the most

pleasant things that had happened to him in life that he had

had the pleasure of serving with me. I do not now remember

that I ever spoke to him again. He did not come to the Senate

Chamber very often afterward. I have thought since that this

unwonted expression of deep feeling from a gentleman not

wont to wear his heart upon his sleeve toward his political

opponent, and a man with whom he so often disagreed, was

due to a premonition, of which he was perhaps unconscious,

that the end of his life was near, and to the kindly and

gentle emotions which in a brave and affectionate heart like

his the approach of death is apt to bring.

I could hardly venture to repeat this story, to which there

is no other witness than my own, but for some letters in my

possession from Mr. Walthall's daughter and friends in which

the writers quote even stronger expressions of his regard.

I heard a great deal of him from Senator Lamar, who loved

him as a brother, and almost worshipped him as a leader. Senator

Lamar told me that he thought Walthall the ablest military

genius of the Confederacy, with the exception of Lee, and,

I think, of Stonewall Jackson. Indeed, I think he expressed

doubt whether either exception could be made. He said that

if anything had happened to Lee, Walthall would have succeeded

to the chief command of the Confederate forces. General Walthall

seemed to me the perfect type of the gentleman in character

and speech. He was modest, courteous and eager to be of service

to his friends or his country. The description of the young

Knight given us by Chaucer, the morning star of English poetry,

still abides as the best definition of the gentleman.

Curteis he was, lowly and serviceable.

His colleague, Mr. Williams of Mississippi, after Walthall's

death, described the Southern gentleman of our time in a sentence

which deserves to stand by the side of Chaucer's:

"The ideal gentleman was always honest; spoke the truth;

faced his enemy; fought him, if necessary; never quarrelled

with him nor talked about him; rode well; shot well; used

chaste and correct English; insulted no man--bore no insult

from any; was studiously kind to his inferiors, especially

to his slaves; cordial and hospitable to his equals; courteous

to his superiors, if he acknowledged any; he scorned a demagogue,

but loved his people."

I do not undertake to draw his portraiture. I suppose that

whoever does that must describe a great soldier and a great

lawyer, as well as a great Senator. I only state what I saw

of him in the Senate Chamber. It was said of him by an eminent

Republican Senator, his associate on the Committee on Military

Affairs, that in dealing with questions which affected the

right of Union soldiers, or growing out of service to the

Union during the Civil War, no stranger could have discovered

on which side of that great war he had ranged himself.

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