SOMETHING OF MEN I HAVE KNOWN

I

ON THE CIRCUIT

DEVELOPMENT OF THE COUNTRY AFTER THE CIVIL WAR--SLAVERY THE APPLE OF

DISCORD BEFORE THE WAR--LINCOLN AS A COUNTRY LAWYER--SOCIABILITY

OF THE LAWYERS OF THE PERIOD--THEIR EXCELLENCE AS ORATORS--HENRY

CLAY AS A PARTY LEADER--EULOGIUMS ON LAWYERS--LINCOLN'S ADMIRATION

FOR GENERAL WINFIELD SCOTT--THE WRITER'S ADDRESS ON THE LAW AND

LAWYERS.

The period extending from my first election to Congress in 1874,

to my retirement from the Vice-Presidency in 1897, was one of

marvellous development to the country. Large enterprises were

undertaken, and the sure foundation was laid for much of

existing business conditions. The South had recovered from the

sad effects of the Civil War, and had in a measure regained its

former position in the world of trade, as well as in that pertaining

to the affairs of the Government. The population of the country

had almost doubled; the ratio of representation in the Lower House

of Congress largely augmented; the entire electoral vote increased

from 369 to 444. Eight new States had been admitted to the Union,

thus increasing the number of Senators from seventy-four to ninety.

The years mentioned likewise witnessed the passing from the national

stage, with few exceptions, of the men who had taken a conspicuous

part in the great debates directly preceding and during the Civil War

and the reconstruction period which immediately followed. By

the arbitrament of war, and by constitutional amendment, old

questions, for a half-century the prime cause of sectional strife,

had been irrevocably settled, and passed to the domain of history.

New men had come to the front, and new questions were to be discussed

and determined.

To the student of history, the years immediately preceding the

Civil War are of abiding interest. In some of its phases slavery was

the all-absorbing subject of debate throughout the entire country.

It had been the one recognized peril to the Union since the formation

of the Government. Beginning with the debates in the convention

that formulated the Federal Constitution, it remained for seventy

years the apple of discord,--the subject of patriotic apprehension

and repeated compromise. The last serious attempt to settle

this question in the manner just indicated was by the adjustment

known in our political history as "the compromise measures of 1850."

These measures, although bitterly denounced in the South as well

as in the North, received the sanction in national convention of

both of the great parties that two years later presented candidates

for the Presidency. It is no doubt true that a majority of the

people, in both sections of the country, then believed that the

question that had been so fraught with peril to national unity from

the beginning was at length settled for all time. The rude

awakening came two years later, when the country was aroused, as it

had rarely been before, by impassioned debate in and out of Congress,

over the repeal of the Missouri Compromise. It was a period of

excitement such as we shall probably not see again. Slavery in

all its phases was the one topic of earnest discussion, both upon the

hustings and at the fireside. There was little talk now of

compromise. The old-time statesmen of the Clay and Webster, Winthrop

and Crittenden, school soon disappeared from the arena. Men hitherto

comparatively unknown to the country at large were soon to the

front.

Conspicuous among them was a country lawyer whose home was at

Springfield, Illinois. With the mighty events soon to follow, his

name is imperishably linked. But it is not of Lincoln the President,

the emancipator, the martyr, we are now to speak. It is of Lincoln

the country lawyer, as he stepped upon the arena of high debate,

the unswerving antagonist of slavery extension half a century

and more ago.

His home, during his entire professional life, was at the capital of

the State. He was, at the time mentioned, in general practice as a

lawyer and a regular attendant upon the neighboring courts. His

early opportunities for education were meagre indeed. He had been

a student of men, rather than of books. He was, in the most

expressive sense, "of the people,"--the people as they then were.

For,

"Know thou this, that men are as the time is."

His training was, in large measure, under the severe conditions to

be briefly mentioned. The old-time custom of "riding the circuit"

is to the present generation of lawyers only a tradition. The few

who remember central Illinois as it was sixty years ago will readily

recall the full meaning of the expression. The district in which Mr.

Lincoln practised extended from the counties of Livingston and

Woodford upon the north, almost to the Indiana line--embracing the

present cities of Danville, Springfield, and Bloomington. The last

named was the home of the Hon. David Davis, the presiding judge of

the district. As is well known, he was the intimate friend of Mr.

Lincoln, and the latter was often his guest during attendance upon

the courts at Bloomington. At that early day, the term of court

in few of the counties continued longer than a week, so that much of

the time of the judge and the lawyers who travelled the circuit

with him was spent upon horseback. When it is remembered that there

were then no railroads, but few bridges, a sparse population,

and that more than half the area embraced in that district was

unbroken prairie, the real significance of riding the circuit will

fully appear. It was of this period that the late Governor

Ford, speaking of Judge Young,--whose district extended from Quincy,

upon the Mississippi River to Chicago,--said: "He possesses in

rare degree one of the highest requisites for a good circuit judge,

--he is an excellent horseback rider."

At the period mentioned there were few law-books in the State.

The monster libraries of later days had not yet arrived. The

half-dozen volumes of State Reports, together with the Statutes

and a few leading text-books, constituted the lawyer's library.

To an Illinois lawyer upon the circuit, a pair of saddle-bags was an

indispensable part of his outfit. With these, containing the

few books mentioned and a change or two of linen, and supplied with

the necessary horse, saddle and bridle, the lawyer of the pioneer days

was duly equipped for the active duties of his calling. The lack

of numerous volumes of adjudicated cases was, however, not an

unmixed evil. Causes were necessarily argued upon principle. How

well this conduced to the making of the real lawyer is well known.

The admonition, "Beware the man who reads but one book," is of deep

significance. The complaint to-day is not of scarcity, but that

"of the making of many books there is no end." Professor Phelps

is authority for the statement that "it is easy to find single

opinions in which more authorities are cited than were mentioned by

Marshall in the whole thirty years of his unexampled judicial life;

and briefs that contain more cases than Webster referred to in all

the arguments he ever delivered."

The lawyers of the times whereof we write were, almost without

exception, politicians--in close touch with the people, easy of

approach, and obliging to the last degree. Generally speaking,

a lawyer's office was as open to the public as the Courthouse

itself. That his surroundings were favorable to the cultivation

of a high degree of sociability goes without saying. Story-telling

helped often on the circuit to while away the long evenings at

country taverns. At times, perchance,

"the night drave on wi' sangs and clatter."

Oratory counted for much more then than now. When an important

case was on trial all other pursuits were for the time suspended, and

the people for miles around were in prompt attendance. This was

especially the case when it was known that one or more of the

leading advocates were to speak. The litigation, too, was to a

large extent different from that of to-day. The country was

new, population sparse; the luxuries and many of the comforts of

life yet in the future; post-offices, schools, and churches many

miles away. In every cabin were to be found the powder-horn,

bullet-pouch, and rifle. The restraints and amenities of modern

society were in large measure unknown; and altogether much was to

be, and was, "pardoned to the spirit of liberty." There were no

great corporations to be chosen defendants, but much of the time

of the courts was taken up by suits in ejectment, actions for

assault and battery, breach of promise, and slander. One, not

infrequent, was replevin, involving the ownership of hogs, when by

unquestioned usage all stock was permitted to run at large. But

criminal trials of all grades, and in all their details, aroused

the deepest interest. To these the people came from all directions,

as if summoned to a general muster. This was especially true if

a murder case was upon trial. Excitement then ran high, and the

arguments of counsel, from beginning to close, were listened to

with breathless interest. It will readily be seen that such

occasions furnished rare opportunity to the gifted advocate. In

very truth the general acquaintance thus formed, and the popularity

achieved, have marked the beginning of more than one successful

and brilliant political career. Moreover, the thorough knowledge of

the people thus acquired by actual contact--the knowledge of their

condition, necessities, and wishes--resulted often in legislation of

enduring benefit to the new country. The Homestead law, the law

setting apart a moiety of the public domain for the maintenance of

free schools, and judicious provision for the establishment of the

various charities, will readily be recalled.

Politics, in the modern sense--too often merely "for what there is

in it"--was unknown. As stepping-stones to local offices and even

to Congress, the caucus and convention were yet to come. Aspirants

to public place presented their claims directly to the people, and

the personal popularity of the candidate was an important factor

in achieving success. Bribery at elections was rarely heard of.

The saying of the great bard,

"If money go before,

All ways do open lie,"

awaited its verification in a later and more civilized period. As

late even as 1858, when Lincoln and Douglas were rival aspirants

to the Senate, when every voter in the State was a partisan of one

or the other candidate, and the excitement was for many months

intense, there was never, from either side, an intimation of the

corrupt use of a farthing to influence the result.

No period of our history has witnessed more intense devotion to

great party leaders than that of which we write. Of eminent

statesmen, whose names were still invoked, none had filled larger space

than did Henry Clay and Andrew Jackson. The former was the

early political idol of Mr. Lincoln; the latter, of Mr. Douglas.

Possibly, since the foundation of the Government, no statesman has

been so completely idolized by his friends and party as was

Henry Clay. Words are meaningless when the attempt is made to

express the idolatry of the Whigs of his own State for their great

chieftain. For a lifetime he knew no rival. His wish was law

to his followers. In the realm of party leadership a greater than

he hath not appeared. At his last defeat for the Presidency strong

men wept bitter tears. When his star set, it was felt to be the

signal for the dissolution of the great party of which he was

the founder. In words worthy to be recalled, "when the tidings

came like wailing over the State that Harry Percy's spur was cold,

the chivalrous felt somehow the world had grown commonplace."

The following incident, along the line indicated, may be considered

characteristic. While Mr. Clay was a Senator, a resolution, in

accordance with a sometime custom, was introduced into the Kentucky

House of Representatives instructing the Senators from that State to

vote in favor of a certain bill then pending in Congress. The

resolution was in the act of passing without opposition, when a

hitherto silent member from one of the mountain counties, springing

to his feet, exclaimed: "Mr. Speaker, am I to understand that this

Legislature is undertaking _to tell_ Henry Clay how to vote?" The

Speaker answered that such was the purport of the resolution.

At which the member from the mountains, throwing up his arms,

exclaimed "Great God!" and sank into his seat. It is needless

to add that the resolution was immediately rejected by unanimous

vote.

Two-thirds of a century ago the Hon. John P. Kennedy wrote of

the lawyers of his day:

"The feelings, habits, and associations of the bar in general, have

a very happy influence upon the character. And, take it altogether,

there may be collected from it a greater mass of shrewd, observant,

droll, playful, and generous spirits, than from any other equal

numbers of society. They live in each other's presence like a set

of players; congregate in courts like the former in the green room;

and break their unpremeditated jests, in the intervals of business,

with that sort of undress freedom that contrasts amusingly with

the solemn and even tragic seriousness with which they appear in

turn upon the boards. They have one face for the public, rife with

the saws and learned gravity of the profession, and another for

themselves, replete with broad mirth, sprightly wit, and gay

thoughtlessness. The intense mental toil and fatigue of

business give them a peculiar relish for the enjoyment of their

hours of relaxation, and, in the same degree, incapacitate them

for that frugal attention to their private concerns which their

limited means usually require. They have, in consequence, a

prevailing air of unthriftiness in personal matters, which, however

it may operate to the prejudice of the pocket of the individual, has

a mellow and kindly effect upon his disposition. In an old member

of the profession, one who has grown gray in the service, there is

a rich unction of originality that brings him out from the ranks

of his fellowmen in strong relief. His habitual conversancy with the

world in its strangest varieties and with the secret history of

character, gives him a shrewd estimate of the human heart. He

is quiet, and unapt to be struck with wonder at any of the actions

of men. There is a deep current of observation running calmly

through his thoughts, and seldom gushing out in words; the confidence

which has been placed in him, in the thousand relations of his

profession, renders him constitutionally cautious. His acquaintance

with the vicissitudes of fortune, as they have been exemplified in

the lives of individuals, and with the severe afflictions that have

'tried the reins' of many, known only to himself, makes him an

indulgent and charitable apologist of the aberrations of others.

He has an impregnable good humor that never falls below the level of

thoughtfulness into melancholy."

A distinguished writer, two generations ago, said of the early

Western bar:

"Not only was it a body distinguished for dignity and tolerance,

but chivalrous courage was a marked characteristic. Personal

cowardice was odious among the bar, as among the hunters who had

fought the British and the Indians. Hence, insulting language,

and the use of billingsgate, were too hazardous to be indulged

where a personal accounting was a strong possibility. Not only

did common prudence dictate courtesy among the members of the bar,

but an exalted spirit of honor and well-bred politeness prevailed.

The word of a counsel to his adversary was his inviolable bond.

The suggestion of a lawyer as to the existence of a fact was accepted

as verity by the court. To insinuate unprofessional conduct was

to impute infamy."

I distinctly recall the first time I saw Mr. Lincoln. In September,

1852, two lawyers from Springfield, somewhat travel-stained with

their sixty miles' journey, alighted from the stage-coach in front

of the old tavern in Bloomington. The taller and younger of the

two was Abraham Lincoln; the other, his personal friend and former

preceptor, John T. Stuart. That evening it was my good fortune to

hear Mr. Lincoln address a political meeting at the old Courthouse

in advocacy of the election of General Winfield Scott to the

Presidency. The speech was one of great ability, and but little

that was favorable of the military record of General Pierce remained

when the speech was concluded. The Mexican War was then of recent

occurrence, its startling events fresh in the memory of all, and

its heroes still the heroes of the hour. The more than half-century

that has passed has not wholly dispelled my recollection of Mr.

Lincoln's eloquent tribute to "the hero of Lundy's Lane," and his

humorous description of the military career of General Franklin Pierce.

The incident now to be related occurred at the old National Hotel in

Bloomington in September, 1854. Senator Douglas had been advertised

to speak, and a large audience was in attendance. It was his first

appearance there since the passage of the Kansas-Nebraska Bill.

The writer, then a student at the Wesleyan University, with his

classmate James S. Ewing and many others, had called upon Mr.

Douglas at his hotel. While there the Hon. Jesse W. Fell, a

prominent citizen of Bloomington and the close friend of Mr.

Lincoln, also called upon Mr. Douglas, and after some conversation

with him said in substance, that inasmuch as there was profound

interest felt in the great question then pending, and the people

were anxious to hear both sides, he thought it would be well to

have a joint discussion between Judge Douglas and Mr. Lincoln. To

which proposition Mr. Douglas at once demanded, "What party does

Mr. Lincoln represent?" The answer of Mr. Fell was, "the Whig

party, of course." Declining the proposition with much feeling Mr.

Douglas said, "When I came home from Washington I was assailed

in the northern part of the State by an old line abolitionist,

in the central part of the State by a Whig, and in Southern Illinois

by an anti-Nebraska Democrat. I cannot hold the Whig responsible for

what the abolitionist says, nor the anti-Nebraska Democrat responsible

for what either of the others say, and it looks like dogging a man

all over the State." There was no further allusion to the subject,

and Mr. Lincoln soon after called. The greeting between Judge

Douglas and himself was most cordial, and their conversation,

principally of incidents of their early lives, of the most agreeable

and friendly character. Judge Lawrence Weldon, just then at the

beginning of an honorable career, was present at the above interview,

and has in a sketch of Mr. Lincoln given its incidents more in

detail.

Courts of justice, and the law as a distinctive calling, are the

necessary outgrowths of civilization. In his rude state, man

avenged his wrongs with his own strong arm, and the dogma, "Might makes

right," passed unchallenged. But as communities assumed organic

form, tribunals were instituted for the administration of justice and

the maintenance of public order. The progress of society, from

a condition of semi-barbarism and ignorance to a state of the

highest culture and refinement, may be traced by its advancement

in the modes of administering justice, and in the character and

learning of its tribunals. The advance steps taken from time to

time in the history of jurisprudence are the milestones which stand

out on the highway of civilization. All along the pathway of human

progress, the courts of justice have been the sure criteria by

which to judge of the intelligence and virtue of our race.

Truly it has been said: "With the coming of the lawyer came a new

power in the world. The steel-clad baron and his retainers were

awed by terms they had never before heard and did not understand, such

as precedent, principle, and the like. The great and real pacifier

of the world was the lawyer. His parchment took the place of

the battle-field. The flow of his ink checked the flow of blood.

His quill usurped the place of the sword. His legalism dethroned

barbarism. His victories were victories of peace. He impressed

on individuals and on communities that which he is now endeavoring

to impress on nations, that there are many controversies that it

were better to lose by arbitration than to win by war and

bloodshed."

It is all-important, never more so than now, that the people should

magnify the law. Whatever lessens respect for its authority bodes

evil and only evil to the State. No occasion could arise more

appropriate than this in which to utter solemn words of warning

against an evil of greater menace to the public weal than aught to

be apprehended from foreign foe. In many localities a spirit of

lawlessness has asserted itself in its most hideous form. The rule

of the mob has at times usurped that of the law. Outrages have

been perpetrated in the name of summary justice, appalling to

all thoughtful men. It need hardly be said that all this is in

total disregard of individual rights, and utterly subversive of

all lawful authority.

By the solemn adjudication of courts, and under the safeguards

of law, the fact of guilt is to be established, and the guilty

punished. The spirit of the mob is in deadly antagonism to all

constituted authority. Unless curbed it will sap the foundation

of civilized society. Lynching a human creature is no less murder

when the act of a mob than when that of a single individual. There

is no safety to society but in an aroused public sentiment that

will hold each participant amenable to the law for the consequences

of the crime he either perpetrates or abets. This is the land

of liberty, "of the largest liberty," but let it never be forgotten

that it is liberty regulated by law. Let him be accounted a public

enemy who would weaken the bonds of human society, and destroy what

it has cost our race the sacrifice and toil of centuries to achieve.

The sure rock of defence in the outstretched years as in the

long past, will be the intelligence, the patriotism, the virtue of

a law-abiding, liberty-loving people. To a degree that cannot

be measured by words, the temple of justice will prove the city of

refuge. "The judiciary has no guards, no palaces, no treasuries; no

arms but truth and wisdom; and no splendor but justice."

II

IN THE HOUSE OF REPRESENTATIVES

NOTABLE MEMBERS OF THE FORTY-FOURTH CONGRESS--TRIAL OF GENERAL

BELKNAP--THE PRESIDENTIAL CONTEST BETWEEN HAYES AND TILDEN--CREATION

OF THE ELECTORAL COMMISSION--THE WRITER'S SPEECH ON THAT OCCASION--

PROMINENT MEMBERS OF THE HOUSE DURING THIS CONGRESS--ANECDOTES

OF MR. BLAINE--OTHER MEMBERS--ANECDOTES OF MR. HOAR--ELECTION OF

THE "BLIND PREACHER"--MR. LAMAR'S ERROR AT TABLE--"BLUE JEANS

WILLIAMS"--RETIREMENT OF DR. BUTLER FROM THE CHAPLAINCY--MR.

BLACKBURN'S SPEECH AT AN EXECUTION--MR. COX'S READY WIT--PROCTOR

KNOTT'S ABILITY AS A LAWYER--HIS SPEECH ON DULUTH--HIS REPLY TO

HIS COMPETITOR FOR THE GOVERNORSHIP.

The forty-fourth Congress--the first of which I was a member--

assembled December 6, 1875. Among its members were many gentlemen

of distinction, some of whom had known active service in the field.

Political disabilities had been in large measure removed, and

the South was now, for the first time since the war, represented in

Congress by its old-time statesmen. Of this number may be mentioned

Mr. Stephens of Georgia, Mr. Lamar of Mississippi, and Mr. Reagan of

Texas. From the membership of this House were afterwards chosen

twenty-six Senators, ten members of the Cabinet, one Justice of

the Supreme Court, and from this and the House immediately succeeding,

three Vice-Presidents and two Presidents of the United States. The

proceedings of this Congress marked an important epoch in our

history. During its first session occurred the masterful debate

upon the General Amnesty Bill. The very depths of partisan feeling

were stirred, and for many days it was indeed a titanic struggle.

The speeches attracting the greatest attention were those of Blaine

and Garfield upon the one side, and Hill of Georgia and Lamar upon

the other. This great debate recalled vividly that of Webster and

Hayne, in the other wing of the Capitol, almost half a century before.

This session also witnessed the impeachment of a Cabinet officer, General

Belknap, Secretary of War. The trial occurred before the

Senate, sitting as a court of impeachment during the closing weeks

of the session, and resulted in his acquittal, less than two-thirds

of the Senators voting for conviction. General Belknap was

represented by an able array of counsel, chief of whom were

Judge Black of Pennsylvania and the Hon. Matthew H. Carpenter

of Wisconsin. Mr. Knott of Kentucky, Mr. Hoar of Massachusetts,

and Mr. Lord of New York, conducted the prosecution in the main as

managers on the part of the House of Representatives. The principal

contention on the part of the counsel for the accused was that there

could be no conviction, inasmuch as Belknap had resigned his office

before the article of impeachment had been preferred. This view

seems to have been decisive of the final vote of many Senators,

and the accused stood acquitted at the bar of the Senate.

When the second session of this Congress convened, in December,

1876, the excitement throughout the country was intense over the

pending Presidential contest between Hayes and Tilden. As will be

remembered, the electoral vote of two States, Louisiana and Florida,

was claimed by each of the candidates. These votes were decisive of

the result. As the days passed and the time approached for the

joint session of the Senate and the House, for the purpose of

counting the electoral votes and declaring the result, the tension

became greater, and partisan feeling more intense. The friends of

Hayes were in the majority in the Senate; those of Tilden, in

the House. With conflicting certificates, both purporting to give

the correct vote from each of the States named, and no lawful

authority existing to determine as to their validity, it can readily

be seen that the situation was one to arouse the grave apprehension

of all thoughtful men. The condition was without a precedent in

our history. Twice had there been a failure to elect a President by

the people, and by constitutional provision the election in each

instance devolved upon the House. In the first-mentioned case, in

1801, Mr. Jefferson was chosen; and in the latter, in 1825, Mr.

John Quincy Adams. In neither of the cases just mentioned had

there been a question as to _how_ any State had voted. It was

simply that no person had received a majority of all of the electoral

votes cast. The method of settlement was clearly pointed out by

the Constitution. As already indicated, the case was wholly

different in the Hayes-Tilden controversy. The question then was as

to _how_ certain States had voted. It was for the purpose of

ascertaining this fact and certifying the same to the joint session

of the Senate and House, that the Electoral Commission was constituted.

The bill having this end in view originated in the House in January,

1877; the Commission was constituted, and the controverted questions

were soon thereafter determined.

The Electoral Commission was an imperative necessity. As such

it was created,--consisting of five members each from the Senate, the

House of Representatives, and the Supreme Court. Its decisions

were adverse to Mr. Tilden from the beginning, and resulted in the

finding that all disputed votes should be counted for his opponent.

This, it will be remembered, gave Hayes a majority of one on the

final count, and resulted in his induction into office. Partisan feeling

was at its height, and the question of the justice of the decision

of the Electoral Commission was vehemently discussed.

To the end that there might be a peaceful determination of the

perilous question, that of disputed succession to the Presidency, I

was an earnest advocate of the bill creating the Commission. Upon

the question of concurrence by the House of Representatives in the

final determination of the Commission, bitter opposition was

manifested upon the part of friends of Mr. Tilden, and a heated

partisan debate resulted, and during this debate I spoke as follows:

"When this Congress assembled in December, it witnessed the American

people from one end of the country to the other divided upon the

question as to which candidate had been lawfully elected to the

high office of President of the United States. The business

industries of the country were paralyzed, public confidence destroyed,

and the danger of civil war was imminent. That Mr. Tilden had

received a majority of more than two hundred thousand of the popular

vote was not disputed. That he had secured a majority of the

Presidential electors in the several States, and was lawfully

entitled to be inducted into the great office, was the firm belief

of fully one-half of the people of this country. The hour was one

of great peril to our institutions, and many were apprehensive that

we were but entering into the dark night of anarchy and confusion.

After many weeks of angry discussion, which resulted in still

further arousing the passions of the people, a measure of adjustment

was proposed. It was believed that there was still patriotism

enough left in the American Congress to secure an honorable and fair

settlement of this most dangerous question. We all recall how our

hopes revived, and how gladly we hailed the introduction of the

bill recommended by a joint committee of conference of the Senate and

House of Representatives. It was welcomed as the harbinger of

peace by the entire people of our country.

"I gave that bill my earnest support. It had in the House no friend

more ardent in its advocacy than myself. I believed it to be a

measure in the interest of peace. I believed that those who framed

it, as well as those who gave it their support upon the floor, were

honest in their statements, that no man could afford to take the

Presidency with a clouded title, and that the object of the bill was

to ascertain which of the candidates was lawfully entitled to

the electoral votes of Florida and Louisiana. I never mistrusted for

a moment that statesmen of high repute could in so perilous an

hour, upon so grave a question, palter with words in a double sense.

"We who are the actors in this drama know, and history will record

the fact, that the Conference Bill became a law, and the Electoral

Commission was organized, not for the purpose of ascertaining which

candidate had _prima facie_ a majority of the electoral votes; not

for the purpose of ascertaining that the Governor of Florida,

and the _de facto_ Governor of Louisiana, had given certificates

to the Hayes electors. It was never dreamed that a tribunal,

consisting in part of five judges of the highest court on earth,

was to be constituted, whose sole duty was to report a fact known to

every man in the land, that the returning-board of Louisiana had

given the votes of that State to the Hayes electors. The avowed

object of that bill was to ascertain which candidate had received a

majority of the legal votes of those States. The avowed object of

the bill was the secure the ends of justice; to see that the will of

the people was executed; that the Republic suffered no harm; to

see that the title to this great office was not tainted with fraud.

How well the members of this tribunal have discharged the sacred

trust committed to them, let them answer to history.

"The record will stand that this tribunal shut its eyes to the

light of truth; refused to hear the undisputed proof that a majority

of seven thousand legal votes in the State of Louisiana for Tilden

was by a fraudulent returning-board changed to eight thousand

majority for Hayes. The Republican Representative from Florida,

Mr. Purman, has solemnly declared upon this floor that Florida had

given its vote to Tilden. I am not surprised that two distinguished

Republican Representatives from Massachusetts, Mr. Seelye and Mr.

Pierce, have in such thrilling tones expressed their dissent from the

judgment of this tribunal. By this decision fraud has become one of

the legalized modes of securing the vote of a State. Can it be

possible that the American people are prepared to accept the doctrine

that fraud, which vitiates all contracts and agreements, which

taints the judgments and decrees of courts, which will even annul the

solemn covenant of marriage--fraud, which poisons wherever it enters

--can be inquired into in all the relations of human life save only

where a returning-board is its instrument, and the dearest rights of

a sovereign people are at stake?

"But we are told that we created this tribunal and must abide by

its arbitrament. I propose to do so in good faith. I have, from the

beginning, opposed every movement that looked only to delay. I

have voted against all dilatory motions. But the decision of this

tribunal is too startling and too far-reaching in its consequences

to pass unchallenged. That the returning-board of Louisiana

will find no imitators in our future history is more than I dare

hope. The pernicious doctrine that fraud and perjury are to be

recognized auxiliaries in popular elections is one that may return

to plague its inventors. The worst effect of this decision will

be its lesson to the young men of our country. Hereafter old-fashioned

honesty is at a discount, and villainy and fraud the legalized

instruments of success. The fact may be conceded, the proof

overwhelming, that the honest voice of a State has been overthrown

by outrage and fraud, and yet the chosen tribunal of the people

has entered of solemn record that there is no remedy.

'O Judgment, thou art fled to brutish beasts!'

"My criticism of the decision of this tribunal rests upon its

finding in the cases of Louisiana and Florida; upon the Oregon case

I have no criticism to offer. It is true that but two votes of

that State could have been given to Hayes had the decision first

adopted by the Commission been followed in the case of Oregon.

However inconsistent it may be with other rulings of the Commission,

standing alone it is in the main correct. The sanctity of seal of

State and certificate of Governor applied only to Louisiana and

Florida; the Governor of Oregon was not of the household of the

faithful.

"The people of Oregon cast a majority of their votes for Hayes,

and no vote or act of mine shall stand in the way of its being

so recorded. Such have been my convictions from the beginning,

and the great wrong done in Louisiana and Florida cannot warp my

convictions at this hour.

"We have now reached the final act in this great drama, and the

record here made will pass into history. Time, the great healer, will

bring a balm to those who feel sick at heart because of this grievous

wrong. But who can estimate, what seer can foretell, the evils

that may result to us and our children from this judgment? Fortunate,

indeed, will it be for this country if our people lose not faith

in popular institutions; fortunate, indeed, if they abate not their

confidence in the integrity of that high tribunal, for a century the

bulwark of our liberties. In all times of popular commotion and

peril, the Supreme Court of the United States has been looked to

as the final arbiter, its decrees heeded as the voice of God. How

disastrous may be the result of decisions so manifestly partisan, I

will not attempt to forecast.

"Let this vote be now taken and the curtain fall upon these scenes

forever. To those who believe, as I do, that a grievous wrong has

been suffered, let me entreat that this arbitrament be abided in

good faith, that no hindrance or delay be interposed to the execution

of the law, but that by faithful adherence to its mandates, by

honest efforts to revive the prostrate industries of the country, by

obedience to the constituted authorities, we will show ourselves

patriots rather than partisans in the hour of our country's

misfortune."

Some mention will now be made of prominent members of the House

during this Congress. The Hon. Michael C. Kerr of Indiana was

elected Speaker of the House. The vote of the Republican minority

was given to the Hon. James G. Blaine, who had been Speaker during

the three Congresses immediately preceding. Mr. Kerr was a gentleman

of high character and recognized ability. He had been for many

years a member of the House, and was familiar with the details

of its business. He was in failing health at the time of his

election, and died before the close of the first session of that

Congress. He was physically unable to preside during the greater part

of the session, and was frequently relieved from the onerous duties

of the Chair by two new members who were yet to achieve distinction

in that body, Mr. Blackburn of Kentucky and Mr. Springer of

Illinois.

Mr. Blaine, the leader of the minority, had been for twelve years a

member of the House, having been first elected at the age of

thirty-three. He was a brilliant debater, well versed in parliamentary

law, and at all points fully equipped for the conflict. With the

exception of Henry Clay, the House of Representatives has probably

never known his equal as a party leader. That he possessed a touch

of humor will appear from the following. While the discussion was

at its height upon his amendment excluding Jefferson Davis

from the benefit of the General Amnesty Bill, Mr. Blaine,

looking across to the opposite side of the Chamber, said:

"I confess to a feeling of commiseration for some gentlemen

upon the other side, who represent close districts. Surrounded by

their Southern associates here, and with intense Union constituencies

at home, their apprehension, as they are called to vote upon

this amendment, is indeed deplorable. It remind me of a Hibernian

procession I once saw moving down Broadway, where the serious

question was how to keep step to the music, and at the same time

to dodge the omnibuses!"

My seat was just across the aisle from that of Mr. Blaine. When

introduced, I handed him letters of introduction from two of his

college classmates, the Hon. Robert E. Williams and the Rev. John Y.

Calhoun. After reading the letters and speaking most kindly of

his old Washington College classmates, he brusquely inquired, "What

are John Y. Calhoun's politics?"

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