While I leave the wisdom of his course in relation to the deposit

question and in the executive chair of the commonwealth to the award of

history, I recall one lesson which may be read from his acts, which is,

that he never was, strictly speaking, a party man; that while he held to

his dying day the theory of our federal system which he had adopted in

his youth, and in defence of which he prepared, as has just been said,

in his old age, with his vast stores of learning and experience unrolled

before him, the most elaborate and conclusive exposition which that

system ever received; his course on the restrictive policy and on the

removal of the deposits, irrespective as it was whether he carried along

with him one or a thousand of his associates, shows that on great

questions involving mere expediency he would burst the trammels of

party, and act with his old and inveterate opponents against the darling

measures of his political friends. I have said that he was not, and

could not well be, in a series of years, the unvarying adjunct of any

party. He looked upon a subject through so many lights,--the lights of

the past, the lights of the present, the lights of the future; he saw

such a tissue of good and evil so inextricably intermingled in human

projects; he saw so much that was questionable in the best party

measures; so much that was not bad in what seemed the worst; and so much

that could be accomplished by doing nothing, that, though he was prompt

above most men in decision, and to the last degree practical, his

enthusiasm was cooled by philosophy, and he was never very much exalted

or depressed by the success or failure of political schemes.

While Mr. Tazewell was engaged in his senatorial career, he was elected

by the Norfolk district a member of the Convention which assembled in

Richmond on the fifth day of October, 1829, to revise the first

Constitution of Virginia. The character of that body is familiar to all;

some of the most illustrious names recorded in our annals were inscribed

upon its rolls,--Madison, Marshall, Monroe, Watkins Leigh, Charles

Fenton Mercer, Chapman Johnson, Philip Doddridge, Robert Stanard, Philip

P. Barbour, Morris, Fitzhugh, Baldwin, Scott, Cooke--that wonderful man

whose train was always tracked by fire, John Randolph, and a host of

younger statesmen who have since risen to eminence, and who, like their

elder colleagues, have, I am grieved to think, nearly all passed away,

were among the members, and were engaged day after day, for three months

and a half, in performing the office which their country had committed

to their hands. The most distinguished men of the Union,--statesmen

whose own names were historical, men of letters, merchants who

remembered that the wealth of the counting-room and the wealth of

statesmanship were indissolubly bound together, old planters, clever

young men from Virginia and from nearly all the southern States, came to

behold its meeting, to see its members, and to hear the debates; and, as

if to invest the scene with a yet lovelier hue, beauty, brightened by

intelligence and glowing with patriotism, shed its softened light over

that imposing spectacle. In that body, in which an ex-president of the

United States presided, in which another ex-president was at the head of

a committee, in which the chief justice of the United States was at the

head of another committee, in which there was no place of honor for

judges, governors, ministers to foreign courts, speakers of the House of

Representatives, and senators of the United States, above their

fellow-members, the eye of the visitor soon singled out Mr. Tazewell. He

was the grandest figure of a man among them all. His fame was then at

the height, and his large stature, his full stern features, lighted by a

wide grave blue eye, his solemn gait, all inspiring awe as he leaned in

his seat or passed through the hall--were in fair keeping with that

intellectual image of him which had previously existed in the mind of

the beholder.

To trace with any minuteness the course of Mr. Tazewell through more

than three of the most anxious months of his life would far exceed my

present limits, and as I have already treated this topic in a separate

work, and have been required to treat it again, I shall simply say here,

that Mr. Tazewell made the opening speech in support of a resolution

which he offered, and which marked out the course of the campaign which

he believed to be best adapted to attain the general end in view. Had

that resolution been adopted, I now believe, as I believed then, that a

constitution would have been formed which would have lasted for half a

century, and that Tazewell, as a skilful and fearless mediator between

the East and West, would have performed the office with glorious

success. But the passions of men raged high; extremes were the order of

the day, and each party stood pledged to its favorite scheme. His first

regular effort on the floor of the Convention was in reply to Mr.

Monroe, and gave him the opportunity of expounding his theory of

interests as the basis of a political system--a system as beautiful as

true. His speech presented a fair specimen of what the discussions on

the basis question ought to have been--not of the elaborate dissertation

which lasted two days, but of the vigorous living speech, which, while

it reviewed critically intermediate points in passing, kept the main

subject steadily in view, and of which the House of Commons has afforded

us so many illustrations. When the house rose, a gentleman, who was

perhaps the most accomplished scholar in the State, said to me that the

speech of Tazewell was the first truly parliamentary speech delivered

during the session, and drew the distinction between a legitimate debate

and a discussion by dissertations. I recall a happy effort of Mr.

Tazewell on the subject of the election of governor by the people, which

was possessed of singular beauty and order. The effect of that speech

was the settlement of the question.

But the occasion which impressed his hearers most deeply with a sense of

his abilities, was a discussion on the tenure of the judicial office, in

which Chief Justice Marshall, Philip P. Barbour, Stanard, Scott, Giles,

and others took part. Each speaker was conscious of the powers of his

opponent; posterity, in the presence of the skilful reporter, as well as

the existing generation represented by some of the ablest men, were the

spectators of the combat; and a visible air of solemnity pervaded the

manner of each. The question was precisely that which sprung from the

repeal of the judiciary act of 1800 by the Congress of 1802, and is the

nicest of all our party questions. It was a magnificent display of

parliamentary tact and intellectual vigor; and I do not think that an

hour of my life ever glided so insensibly away as while I listened to

that debate. Blows fell fast and heavy. I saw Judge Barbour, who, though

president of the Convention, as the house was in committee, engaged in

the debate, fairly reel in his seat from one of Judge Marshall's massy

blows, which he returned presently with right good will; but Tazewell,

if I may use a figure which presented the pith of the argument of one

side, and which was frequently used by both,--Tazewell fairly "_sunk the

boat_" under the Chief Justice. The views of Tazewell prevailed; and in

such a contest, in which all were kingly, and in which the combatants

were _magis pares quam similes_--rather equals than alike--if the

victor's wreath could with propriety be awarded to a single individual,

I do not think I err in saying that it would have been assigned by a

majority of the hearers to Tazewell. As an illustration of the effect of

his manner and argument on the minds of able men who were opposed to him

in State politics, which then raged fiercely, a gentleman from the West,

who held for several years a seat in the House of Delegates and in the

Council, speaking of the debate to me on the day it occurred, said:

"Why, Tazewell trod down those great men as if they had been children."

When the Convention adjourned _sine die_, every heart melted, and all

animosity soothed by the last words of the president, I saw Tazewell

approach Madison and Marshall, and exchange parting salutations. He

could go no further; the members pressed round him: but, old as he then

was, for he had reached his 56th year, he little dreamed that he was

destined to outlive almost all of those young and gallant spirits that

then loved and greeted him. He was the last survivor of those who sate

in the House of Delegates during the eighteenth century; and of the

Convention of 1829, out of 96 members who composed it, he attained to a

greater age than has yet been attained by any member of the body, not

excepting Madison, whom he exceeded by one month and five days, and

surviving all but twenty; and three of that twenty have come here this

day to honor his memory.[10]

Perhaps the best description of his manner at the bar would be to say

that he had no manner at all. In addressing juries, he talked to them, I

am told, ordinarily as he would converse with the same number of men in

society on the merits of the case; and his gestures were those which

might be used without serious remark in animated conversation. His

postures were sometimes negligent enough; he had a contempt for rant,

and hated show and pomp. His voice was pleasant, and of ample compass

for an ordinary court-room, and he never dealt in vociferations; indeed,

his style of argument to the jury, as well as to the bench, would have

been impossible to a boisterous talker. While his manner was natural,

his matter seemed equally void of art. When by the examination and

cross-examination of witnesses, he had obtained his facts, he formed his

theory of the case, and unfolded it to the jury in the simplest possible

way. It was plain to see, however, that the argument was a continuous

chain of demonstration, every link of which seemed to be of equal

strength. Some of his speeches to the jury, could they have been

preserved as they were delivered, would have been invaluable specimens

of dialectics for the use of students. I heard the late William Maxwell

say, that it was vain and even fatal to attempt before a jury to find

the defective links in the chain of Mr. Tazewell's arguments, for the

process would become too refined for their comprehension; and that his

own mode of argument in such cases was to let the reasoning of Tazewell

pass, and press with all his force some plain views of the case. Some

lawyers are successful in the elenchical mode of argument--to use a

logical term--that is, in demolishing the structure of their opponents,

while they fail in the deictic, that is, in raising on its ruins an

impregnable fabric of their own; but it was difficult to decide which

process was the most thorough in the reasoning of Tazewell. In putting

his arguments before a jury he showed great adroitness. He either knew

himself or learned from others the calling of every juryman; and as he

proceeded with his case, if he saw a dangerous man among them, he drew

his figures from his particular calling, and not unfrequently made the

man believe that his standing in his own business depended upon his

bringing in a verdict in his favor. When the passions were to be

assailed, he indulged in a style of fervid appeal which was the more

effective as it was rare; and his speech in Shannon's case was often

referred to by Wirt as a fine piece of eloquence in the popular

acceptation of the word.

His mode of addressing the bench differed, of course, from his jury

speeches. He was less familiar in his manner and in his talk, and his

argumentation was more severe; and he was evidently more at home, or

rather more congenially employed; and he brought as much learning to

bear upon the case as was politic for the time. Here, too, he showed no

great deference to manner as a means of victory. When Gen. Taylor was

addressing the late judge St. George Tucker, who was deaf, the judge

requested him to come nearer and speak louder; but the General,

observing that a certain space between the judge and himself was

indispensable for the proper exercise of his faculties, declined the

request; Tazewell, however, who replied to Taylor, had no scruples in

the case, but, approaching the judge's ear, poured the stream of his

argument into its inner portal. It sometimes appeared that in addressing

inferior courts he went too much into detail, instead of resting his

case on its great points; but it is probable that Mr. Tazewell had taken

the true gauge of the judge's mind, and was right after all; and it is

certain that in important cases, in which appeals would probably be

taken, he reserved his strong points for the higher tribunal.

Those who heard even his latest speeches at the bar have almost all

passed away. It was thirty-four years ago that I heard him for the first

time in public. At a meeting of the citizens of Norfolk, held in the

Town Hall, to give expression to their feelings on the occasion of the

death of Jefferson, which occurred on the Fourth of July, 1826, he was

called to the chair, and, before taking it, addressed the large assembly

for twenty-five or thirty minutes, on the character of the great man

whose death they had met to commemorate. He was at that time a senator

of the United States, and in the height of his fame; and to hear him

speak was then a great novelty, which attracted hundreds to the hall.

Though then a youth of nineteen, I can recall his manner and the outline

of his speech. He seemed to speak as a man of fine personal appearance

accustomed to public speaking and of a good address, who was deeply

impressed by the solemnity of his theme, might be expected to speak. His

voice was a volume of sweet, full, natural sound, unmarked by any

artistic training or modulation, and such as would flow from a well-bred

man in animated recitation; and his gestures were those which rose

spontaneously and unconsciously with the thought, and were wholly

unstudied; thus presenting an obvious contrast to the manner and action

of his friend Randolph, whose every attitude, the slightest motion of

whose finger, the faintest intonation of whose voice, whose every smile

and frown, natural as they seemed, were the deliberate reflection of the

closet.

Three years later, in the Virginia Convention of 1829, I heard all that

he uttered in committee and in the body; and his manner was such as I

have just described it to be. Although he had full command of the whole

armory of parliamentary warfare, he had none of that violent

gesticulation or loud intonation which fashion or taste has lately

introduced among us, but which would not be tolerated a moment in the

British House of Commons. His first speech, which was in support of his

own resolution proposing a method of procedure in the discussion of the

Constitution, though fine and effective, was delivered under somewhat

unfavorable circumstances. He stood some distance from the Chair and on

a line with it, so that he was compelled to face the audience instead of

the Speaker, and to pitch his voice to a key that could be heard

throughout the length of the hall and the crowded galleries, and an

occasional hoarseness, the result of overstraining, was apparent during

his speech. He mentioned this circumstance to me as we left the hall, as

the first intimation he had of having lost that control of his voice

which had hitherto been equal to every occasion. But when he followed

Mr. Monroe, he happened to be in a better position on the floor; and his

voice retained its usual fulness, and was pleasing to the ear. And

afterwards in the Baptist church, to which the Convention adjourned, in

his speech on the election of Governor, his voice was fresh and musical;

and in the grand debate on the judiciary tenure, when the debaters were

near each other and the Chair, he spoke with full command of his voice,

and with great animation. In fine, his manner, including the management

of his voice and gesture, approached nearer the English model of

debating than that which has been gradually gaining ground in this

country, and was most appropriate to his style of thought and

discussion.

Tazewell, with all his intercourse with the world, with all his habits

of speaking, and with all his marvellous endowments, was a remarkably

modest man. His modesty may unfold a clew to the explanation of his

whole career. He said himself that he never rose to make a speech

without serious trepidation. In the cochineal case, it was obvious to

the court and to the spectators. I have seen him, when he had been

speaking ten minutes, not fully assured. It was only when personal

danger, as in a memorable criminal case, in which even brave men were

for a time appalled, was present, that his trepidation disappeared, and

he became fearless and defiant.

Nor was the modesty of Tazewell confined to the bar. It pervaded his

whole life; and when his fame was coëxtensive with the Union, and when

his presence inspired awe in companies of able men, a close observer

could detect in his tones or in his manner that he was not wholly at

ease. It was only when the ice of a gathering party was fairly broken,

that he was thoroughly self-possessed. Like Judge Marshall, he had a

profound sense of respect for the female sex; and his attentions to

women were rendered with a delicacy and a gallantry that were enhanced

by the reflection that such a man was not wholly at ease in approaching

them. And nobly did woman repay his courtesy and his affection. As I

dwell upon this aspect of his life, the image of her who was the bride

of his youth, the partaker of his splendid fame, and the delight of his

declining years, rises before me. I behold her as she moved in that

happy household, bestowing not a thought upon herself, but intent on

making others happy. I see her as she enters the room in which her

husband is discoursing on learned topics to those who are grouped around

him, and I see him pause as that "ocean-eye" rests benignantly and

affectionately upon her. I shall never forget the moment when

thirty-five years ago I saw her in her own house for the first time; how

cordially she pressed my hand; how kindly she talked to an orphan boy of

a father he had never known; and how soon she put an awkward youth of

seventeen at his ease. The characteristic grace of that admirable woman

was her love of domestic life. With her the throne of human felicity was

the family altar. Life with her, as it ever was with those elder

Virginia matrons whom she resembled, was too serious a business for pomp

and show. Had she been inspired with a passion for display, had she

coveted the fleeting honors of a residence at a foreign court, or in the

metropolis of our own country, a single word from her lips would have

obtained all she wished. But her heart, like a true Virginia mother as

she was, was in the midst of her family; and though she properly

appreciated the talents of her husband, and was willing that they should

be exerted in the public service, she knew him well, and believed that

he would be happier in his own home than when he was beset with public

cares, or galled by those tortures with which ambition wrings its

victims. And when her last day had come, and the union of more than half

a century had been dissolved, and her husband had seen her beloved

remains put away in that solitary tomb by the sea, the charm of life was

lost to him; and he calmly awaited the hour when he should be laid by

her side. Nor did the generous care of woman cease with her death. When

his hour was come, and he was placed beside her, his daughters, who had

tended him for years with unceasing devotion, were borne in almost a

dying state from his tomb.

He was keenly alive to the pleasures of friendship; and he maintained

his affection for his early schoolmates unbroken to the last. His

reverence for Mr. Wythe passed all words. Randolph loved him through

life; and Tazewell reciprocated his affection with equal warmth. The

tide of his affection for John Wickham from his childhood flowed full

and strong. The relations which existed between them could be seen in

the letter I read some time ago, and were earnest, tender, and

affectionate. The affection which Tazewell cherished for Wickham,

kindled, as we have seen, over the spelling-book and the Latin grammar,

and showing itself in tears in his sixty-fifth year, grew with his

growth, and was enhanced by that elevated sense of appreciation with

which each regarded the other. It was pleasing to see them together when

the descending shadows of age were upon them, and when each had

performed those deeds which are now deemed the greatest of their lives.

It would be hard to say whether they stood to each other in the relation

of father and son, of brothers, or of equals. Wickham was eleven years

older than Tazewell, and had taught him to read. It was evident Mr.

Tazewell regarded Mr. Wickham with the greatest deference. It was,

however, something more than the deference with which one eminent man

advanced in life would show to another eminent man still more advanced;

it was the deference of the warmest friendship to an individual who not

only reciprocated the feelings of affection, but who possessed all the

moral and intellectual qualities that can adorn human nature. He

considered Mr. Wickham not only the most accomplished lawyer this

country ever produced, but the wisest man he ever knew. I have heard him

say that the speech of Mr. Wickham on the doctrine of treason in Burr's

trial would have been pronounced new and able in Westminster Hall; and

that it was the greatest forensic effort of the American bar. Tazewell's

abiding affection for Wickham was such, that he drew upon it in favor

even of his young friends. When, at one-and-twenty, I took my seat in

the House of Delegates, and, not dreaming of mixing in society, was

preparing for a course of study during the long winter nights, one of

the first calls I received was from Mr. Wickham. With me his name had

passed into history. His great speech, which I had read and studied as I

had read and studied the speeches of Chatham and of Burke, was made in

the year I was born. But I soon found that he was a living and breathing

man. His gentle kindness, his incomparable address, his charming talk,

and his cordial hospitality pressed upon me, assured me that his heart

still glowed with its ancient kindness: and when I recall the hours

which I spent at his elegant home; when I recollect the names of

Marshall, Leigh, Johnson, Stanard, Harvie, and others whom I have seen

at his hospitable board; when I recall that living galaxy of beauty

which flashed in his thronged halls, and of which the sweetest and the

brightest were his own household stars,--now, alas! extinct and gone;

and his own noble presence and demeanor, which drew from the spoiled and

fastidious poet Moore the expression of his admiration and applause, it

is with feelings of deep and tender regard, and of grateful veneration,

that I offer this tribute to his memory.

The question has often been asked whether Mr. Tazewell was fond of

literature and had the elements of a literary man. His early

opportunities were not favorable for acquiring a profound knowledge of

classical learning. In his day Latin and Greek, the foundation of all

true taste in letters, were not taught in William and Mary at all,

except in the grammar school. That Tazewell knew enough of Latin to

translate easily a Latin author, and even to write the language

grammatically, is certain; but that he never rose to that excellence in

those tongues to which his old tutor Mr. Wythe attained is equally

certain. But of English literature he had drunk deeply. He had Bacon,

Locke, Burke, Pope, Shakspeare, Swift, Hume, Gibbon, Johnson, Gillies,

Addison, and Roscoe, within three feet of his elbow for the last forty

years of his life. In English political history, such as might be

gathered from the ordinary historians, and from such books as Baker's

Chronicle and Rushworth, he was profoundly skilled. The history of the

law from the days of Magna Charta to the passage of the reform bill of

Earl Grey's administration, was the study of his whole professional and

public life. He not only knew every leading event, every great statute,

but he had the minutest details at command, and was always pleased to

descant upon a British statute, or on an epoch of British legislation.

The excellent volumes of Lord Chancellor Campbell have made a knowledge

of the history of the law an easy accomplishment; but Tazewell never

read them, and drew his information from the original sources. In the

history of Virginia he was, without exception, the greatest proficient

of his time. Whatever was told by Smith, Beverly, Keith, Stith, and Burk

with his continuators, or by Hening in the statutes at large, or in the

journals of the House of Burgesses and of the House of Delegates, or

could be gathered from the living voice for eighty years, he knew

intimately and could recall at a moment's notice. In respect of the

political history of the United States from the adoption of the federal

constitution to the day of his death, his knowledge was accurate, ready,

and profound. Indeed, if we except the first five years of the federal

constitution, it may be said that his actions were a part of that

history. He had discussed, in the House of Delegates, the leading

measures of the Washington and Adams administrations, and sixty years

ago he sate at a stormy period in the House of Representatives of the

United States.

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