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+Project Gutenberg's Eulogy on Chief-Justice Chase, by William M. Evarts
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Eulogy on Chief-Justice Chase
+       Delivered by William M. Evarts before the Alumni of
+       Dartmouth College, at Hanover
+
+Author: William M. Evarts
+
+Release Date: September 3, 2006 [EBook #19165]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK EULOGY ON CHIEF-JUSTICE CHASE ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+http://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+
+
+
+
+
+
+
+  EULOGY
+
+  ON
+
+  CHIEF-JUSTICE CHASE,
+
+
+  DELIVERED BY
+
+  WILLIAM M. EVARTS,
+
+
+  BEFORE THE
+
+  ALUMNI OF DARTMOUTH COLLEGE, AT HANOVER, JUNE 24, 1874.
+
+
+  NEW YORK:
+  D. APPLETON AND COMPANY,
+  549 AND 551 BROADWAY.
+  1874.
+
+  ENTERED, according to Act of Congress, in the year 1874, by
+  D. APPLETON & CO.,
+  In the office of the Librarian of Congress, at Washington.
+
+
+
+
+  EULOGY
+
+  ON
+
+  CHIEF-JUSTICE CHASE.
+
+
+
+
+MR. PRESIDENT AND GENTLEMEN, THE ALUMNI OF DARTMOUTH COLLEGE: When, not
+many weeks since, the committee of your association did me the honor to
+invite me to present, in an address to the assembled graduates of the
+college, a commemoration of the life, the labors, and the fame of the
+very eminent man and greatly honored scholar of your discipline, lawyer,
+orator, senator, minister, magistrate, whom living a whole nation
+admired and revered, whom dead a whole nation laments, I felt that
+neither a just sense of public duty nor the obligations of personal
+affection would permit me to decline the task. Yielding, perhaps too
+readily, to the persuasions of your committee that somewhat close
+professional and public association with the Chief-Justice in the later
+years of his life, and the intimate enjoyment of his personal
+friendship, might excuse my want of that binding tie of fellowship in a
+commemoration, in which the venerated college does dutiful honor to a
+son, and the assembled alumni crown with their affection the memory of a
+brother, I dismissed also, upon the same persuasion, all anxious
+solicitudes, which otherwise would have oppressed me, lest importunate
+and inextricable preoccupations of time and mind should disable me from
+presenting as considerable, and as considerate, a survey of the eminent
+character and celebrated career of Mr. Chase as should comport with
+them, or satisfy the just exigencies of the occasion.
+
+The commemoration which brings us together has about it nothing
+funereal, in sentiment or observance, to darken our minds or sadden our
+hearts to-day. The solemn rites of sepulture, the sobbings of sorrowing
+affection, the homage of public grief, the concourse of the great
+officers of state, the assemblage of venerable judges, the processions
+of the bar, of the clergy, of liberal and learned men, the attendant
+crowds of citizens of every social rank and station, both in the great
+city where he died, and at the national capital, have already graced his
+burial with all imaginable dignity and unmeasured reverence. To prolong
+or renew this pious office is no part of our duty to-day. Nor is the
+maturity or nurture which the college gives to those it calls its sons,
+bestowed as it is upon their mind and character, affected by the death
+of the body as is the heart of the natural mother; nor are you, his
+brethren in this foster care of the spirit, bowed with the same sense of
+bereavement as are natural kindred. The filial and fraternal relation
+which he bore to you, the college and the alumni, is hardly broken by
+his death, nor is he hidden from you by his burial. His completed
+natural life is but the assurance and perpetuation of the power, the
+fame, the example, which the discipline and culture here bestowed had
+for their object, and in which they find their continuing and
+ever-increasing glory. The energy here engendered has not ceased its
+beneficent activity, the torch here lighted still diffuses its
+illumination, and the fires here kindled still radiate their heat.
+
+Not less certain is it that the spirit of this commemoration imposes no
+task of vindication or defense, and tolerates no tone of adulation or
+applause. The tenor of this life, the manifestation of this character,
+was open and public, before the eyes of all men, upon an eminent stage
+of action, displayed constantly on the high places of the world. No
+faculty that Mr. Chase possessed, no preparation of mind or of spirit,
+for great undertakings or for notable achievements, ever failed of
+exercise or exhibition for want of opportunity, or, being exercised or
+exhibited, missed commensurate recognition or responsive plaudits from
+his countrymen. His career shows no step backward, the places he filled
+were all of the highest, the services he rendered were the most
+difficult as well as the most eminent. If, as the preacher proclaims,
+"time and chance happeneth to all," the times in which Mr. Chase lived
+permitted the widest scope to great abilities and the noblest forms of
+public service; and the fortunes of his life show the felicity of the
+occasions which befell him to draw out these abilities, and to receive
+these services. Not less complete was the round of public honors which
+crowned his public labors, and we have no occasion, here, to lament any
+shortcomings of prosperity or favor, or repeat the authentic judgment
+which the voices of his countrymen have pronounced upon his fame.
+
+The simple office, then, which seems to me marked out for one who
+assumes this deputed service in the name of the college and for the
+friends of good learning, is, in so far as the just limits of time and
+circumstance will permit, to expose the main features of this celebrated
+life, "to decipher the man and his nature," to connect the true elements
+of his character and the moulding force of his education with the work
+he did, with the influence he wielded in life, with the power of the
+example which lives after him, and always to have in view, as the most
+fruitful uses of the hour, his relations to the men and events of his
+times, and, not less, his true place in history among the lawyers,
+orators, statesmen, magistrates of the land. _Vera non verba_ is our
+maxim to-day; truth, not words, must mark the tribute the college pays
+to the sober dignity and solid worth of its distinguished son.
+
+Born of a lineage, which on the father's side dates its American descent
+from the Puritan emigration of 1640, and on the mother's, finds her the
+first of that stock native to this country, the son of these parents
+took no contrariety of traits from the union of the blood of the English
+Puritans and the Scotch Covenanters, but rather harmonious corroboration
+of the characteristics of both. These, sturdy enough in either, combined
+in this descendant to produce as independent and resolute a nature for
+the conflicts and labors of his day, as any experience of trial or
+triumph, of proscription or persecution suffered or resisted, had
+required or supplied in the long history of the contests of these two
+congenial races with priests and potentates, with principalities and
+powers. Nothing could be less consonant with a just estimate of the
+strong traits of this lineage, than which neither Hebrew, nor Grecian,
+nor Roman nurture has wrought for its heroes either a firmer fibre or a
+nobler virtue, than to ascribe its chief power to enthusiasm or
+fanaticism. Plain, sober, practical men and women as they were, there
+was no hard detail of every-day life that they were not equal to, no
+patient and cheerless sacrifice they could not endure, no vicissitude of
+adverse or prosperous fortune which they could not meet with unchecked
+serenity. If it be enthusiasm that in them the fear of God had cast out
+the fear of man, or fanaticism that they placed "things that are
+spiritually discerned" above the vain shows of the world of sense, in so
+far they were enthusiasts and fanatics. In every stern conflict, in
+every vast labor, in every intellectual and moral development of which
+this country has been the scene, without fainting or weariness they have
+borne their part, and in the conclusive triumph of the principles of the
+Puritans and their policies over all discordant, all opposing elements,
+which enter into the wide comprehension of American nationality, theirs
+be the praise which belongs to such well-doing.
+
+The son of a farmer--a man of substance, and of credit with his
+neighbors, and not less with the people of his State--young Chase drew
+from his boyhood the vigor of body and of mind which rural life and
+labors are well calculated to nourish. Several of his father's brothers
+were graduates of this college, and reached high positions in Church and
+State. An unpropitious turn of the commercial affairs of the country
+nipped, with its frost, the growing prosperity of his father, whose
+death, soon following, left him, in tender years, and as one of a
+numerous family, to the sole care of his mother. With most scanty means,
+her thrift and energy sufficed to save her children from ignorance or
+declining manners; maintained their self-respect and independence; set
+them forth in the world well disciplined, stocked with good principles,
+and inspired with proud and honorable purposes. To the praise of this
+excellent woman, wherever the name of her great son shall be proclaimed,
+this, too, shall be told in remembrance of her: that a Christian's
+faith, and a mother's love, as high and pure as ever ennobled the most
+famous matrons of history, stamped the character and furnished the
+education which equipped him for the labors and the triumphs of his
+life. One cannot read her letters to her son in college without the
+deepest emotion. How many such women were there, in the plain ranks of
+New England life, in her generation! How many are there now! Paying
+marvelous little heed to the discussion of women's rights, they show a
+wonderful addiction to the performance of women's duties.
+
+His uncle, Bishop Chase of Ohio, assumed, for a time, the care and
+expense of his education, and this drew him to the West, where, under
+this tutelage, he pursued academic studies for two years. At the end of
+this time he returned to his mother's charge, entered the junior class
+of Dartmouth College, and graduated in the year 1826, at the age of
+eighteen. The only significance, in its impression on his future life,
+of this brief guardianship of the Western Bishop, was as the determining
+influence which fixed the chief city of the West in his choice as the
+forum and arena of his professional and public life. After spending four
+years in Washington, gaining his subsistence by teaching, a law-student
+with Mr. Wirt--then at the zenith of his faculties and his
+fame--studying men and manners at the capital, watching the new
+questions then shaping themselves for political action, observing the
+celebrated statesmen of the day, conversant with the great Chief-Justice
+Marshall and his learned associates on the bench of the Supreme Court,
+and with Webster, and Binney, and other famous lawyers at its bar, he
+was admitted to practice, and, at the age of twenty-two, established
+himself at Cincinnati, transferring thus, once and forever, his home
+from the New England of his family, his birth, his education, and his
+love, to the ruder but equally strenuous and more expansive society of
+the West.
+
+While yet of tender years, following up the earlier pious instruction of
+his mother, and his own profound sense of religious obligations under
+the inculcation of the Bishop, he accepted the Episcopal Church as the
+body of Christian believers in whose communion he found the best support
+for the religious life he proposed to himself. When he left your college
+he had not wholly relinquished a purpose, once held, of adopting the
+clerical profession. His adhesion to the Christian faith was simple and
+constant and sincere, and he accepted it as the master and rule of his
+life, in devout confidence in the moral government of the world, as a
+present and real supremacy over the race of man and all human affairs.
+He was all his life a great student of the Scriptures, and no modern
+speculations ever shook the solid reasons of his belief. When he entered
+the city of Washington, fresh from college, "the earnest prayer of his
+heart was, that God would give him work to do, and success in doing it."
+When he was laying out the plans of professional life, on his first
+establishment at Cincinnati, his invocation was, "May God enable me to
+be content with the consciousness of faithfully discharging all my
+duties, and deliver me from a too eager thirst for the applause and
+favor of men." All through the successive and manifold activities of his
+busy and strenuous life, when, to outward seeming, they were all worldly
+and personal, the same predominant sense of duty and religious
+responsibility animated and solemnized the whole.
+
+At this point in his life we may draw the line between the period of
+education for the work he had before him and that work itself. What Mr.
+Chase was, at this time, in all the essential traits of his moral and
+intellectual character--in his views of life, its value, its just
+objects and aims, its social, moral, and religious responsibilities; in
+his views of himself, his duties, obligations, prospects, and
+possibilities; in his determinations and desires--such, it seems to me
+from the most attentive study of all these points--such, in a very
+marked degree, he continued to be at every stage of his ascent in life.
+
+What, then, shall we assign as the decisive elements, the controlling
+constituents, of character--and what the assurance of their persistence
+and their force--which this youth could bring to the service of the
+State, or contribute to the advancement of society and the well-being of
+mankind?
+
+These were simple, but, in combination, powerful, and adequate to fill
+out worthily the life of large opportunities which, though not yet
+foreseen to himself, was awaiting him.
+
+The faculty of reason was very broad and strong in him, yet without
+being vast or surprising. It seized the sensible and practical relations
+of all subjects submitted to it, and firmly held them in its tenacious
+grasp; it exposed these relations to the apprehension of those whose
+opinion or action it behooved him to influence, by methods direct and
+sincere, discarding mere ingenuity, and disdaining the subtleness of
+insinuation. His education had all been of a kind to discipline and
+invigorate his natural powers; not to encumber them with a besetting
+weight of learning, or to supplant them by artificial training.
+
+His oratory was vigorous, with those "qualities of clearness, force, and
+earnestness, which produce conviction." His rhetoric was ample, but not
+rich; his illustrations apposite, but seldom to the point of wit; his
+delivery weighty and imposing.
+
+His force of will, whether in respect of peremptoriness or persistency,
+was prodigious. His courage to brave, and his fortitude to endure, were
+absolute. His loyalty to every cause in which he enlisted--his fidelity
+in every warfare in which he took up arms--were proof against peril and
+disaster.
+
+His estimate of human affairs, and of his own relation to them, was
+sober and sedate. All their grandeur and splendor, to his apprehension,
+connected themselves with the immortal life, and with God, as their
+guide, overseer, and ruler; and the sum of the practical wisdom of all
+worthy personal purposes seemed to him to be, to discern the path of
+duty, and to pursue it.
+
+His views of the commonwealth were essentially Puritan. Equality of
+right, community of interest, reciprocity of duty, were the adequate,
+and the only adequate, principles with him to maintain the strength and
+virtue of society, and preserve the power and permanence of the State.
+With these principles unimpaired and unimpeded he feared nothing for his
+countrymen or their government, and he made constant warfare upon every
+assault or menace that endangered them.
+
+It was with these endowments and with this preparation of spirit, that
+Mr. Chase confronted the realities of life, and assumed to play a part
+which, whether humble or high in the scale and plane of circumstance,
+was sure to be elevated and worthy in itself; for the loftiness of his
+spirit for the conflict of life was
+
+            "Such as raised
+  To height of noblest temper heroes old
+  Arming to battle."
+
+Such a character necessarily confers authority among men, and that Mr.
+Chase was ready, on all occasions arising, to assert his high principles
+by comporting action was never left in doubt. Whether by interposing
+his strong arm to save Mr. Birney from the fury of a mob of Cincinnati
+gentlemen, incensed at the freedom of his press in its defiance of
+slavery; or by his bold and constant maintenance in the courts of the
+cause of fugitive slaves in the face of the resentments of the public
+opinion of the day; or by his fearless desertion of all reigning
+politics to lead a feeble band of protestants through the wilderness of
+anti-slavery wanderings, its pillar of cloud by day, its pillar of fire
+by night; or as Governor of Ohio facing the intimidations of the slave
+States, backed by Federal power and a storm of popular passion; or in
+consolidating the triumphant politics on the urgent issue which was to
+flame out into rebellion and revolt; or in his serene predominance,
+during the trial of the President, over the rage of party hate which
+brought into peril the coördination of the great departments of
+Government, and threatened its whole frame--in all these marked
+instances of public duty, as in the simple routine of his ordinary
+conduct, Mr. Chase asked but one question to determine his course of
+action, "Is it right?" If it were, he had strength, and will, and
+courage to carry him through with it.
+
+In the ten years of professional life which followed his admission to
+the bar, Mr. Chase established a repute for ability, integrity,
+elevation of purpose and capacity for labor, which would have surely
+brought him the highest rewards of forensic prosperity and distinction,
+and in due course, of eminent judicial station. In this quieter part of
+his life, as in his public career, it is noticeable that his employments
+were never common-place, but savored of a public zest and interest. His
+compilation of the Ohio Statutes was a _magnum opus_, indeed, for the
+leisure hours of a young lawyer, and possesses a permanent value,
+justifying the assurance Chancellor Kent gave him, that this surprising
+labor would find its "reward in the good he had done, in the talents he
+had shown, and in the gratitude of his profession."
+
+But this quiet was soon broken, never to be resumed, and though the
+great office of Chief-Justice was in store for him, it was to be reached
+by the path of statesmanship and not of jurisprudence.
+
+If it had seemed ever to Mr. Chase and his youthful contemporaries, that
+they had come upon times when, as Sir Thomas Browne thought two hundred
+years ago, "it is too late to be ambitious," and "the great mutations of
+the world are acted," the illusion was soon dispelled. It has been sadly
+said of Greece in the age of Plutarch, that "all her grand but turbulent
+activities, all her noble agitations spent, she was only haunted by the
+spectres of her ancient renown." No doubt, forty years ago, in this
+country, there was a prevalent feeling that the age of the early
+settlements and, again, of our War of Independence, had closed the
+heroic chapters of our history, and left nothing for the public life of
+our later times, but peaceful and progressive development, and the calm
+virtues of civil prudence, to work out of our system all incongruities
+and discords. But what these political speculations assigned as the
+passionless work of successive generations, was to be done in our time,
+and, as it were, in one "unruly right."
+
+Mr. Chase had supported General Harrison for the presidency in 1840, not
+upon any very thorough identification with Whig politics, but partly
+from a natural tendency toward the personal fortunes of a candidate from
+the West, and from his own State, in the absence of any strong
+attraction of principle to draw him to the candidate or the politics of
+the Democratic party. But, upon the death of Harrison and, the elevation
+of Tyler to the presidency, Mr. Chase, promptly discerning the signs of
+the times, took the initiative toward making the national attitude and
+tendency on the subject of slavery the touchstone of politics. Politic
+and prudent by nature, and with no personal disappointments or
+grievances to bias his course, he doubtless would have preferred to save
+and use the accumulated and organized force of one or the other of the
+political parties which divided the country, and press its power into
+the service of the principles and the political action which he had,
+undoubtingly, decided the honor and interests of the country demanded.
+He was among the first of the competent and practical political thinkers
+of the day, to penetrate the superficial crust which covered the
+slumbering fires of our politics, and to plan for the guidance of their
+irrepressible heats so as to save the constituted liberties of the
+nation, if not from convulsion, at least from conflagration. He found
+the range of political thought and action, which either party permitted
+to itself or to its rival, compressed by two unyielding postulates. The
+first of these insisted, that the safety of the republic would tolerate
+no division of parties, in Federal politics, which did not run through
+the slave States as well as the free. The second was that no party could
+maintain a footing in the slave States, that did not concede the
+nationality of the institution of slavery and its right, in equality
+with all the institutions of freedom, to grow with the growth and
+strengthen with the strength of the American Union. Nothing can be more
+interesting to a student of politics than the masterly efforts of
+patriotism and statesmanship, in which all the great men of the country
+participated, for many years, to confine the perturbations of our public
+life to a controversy with this latter and lesser postulate. Seward with
+the Whig party, Chase with the Democratic party, and a host of others in
+both, tried hard to conciliate the irreconcilable, and to stultify
+astuteness, to the acceptance of the proposition that slavery, its
+growth girdled, would not be already struck with death. Quite early,
+however, Mr. Chase grappled with the primary postulate, and through
+great labors, wise counsels, long-suffering patience, and by the
+successive stages of the Liberty party, Independent Democracy, and
+Free-Soil party, led up the way to the Republican party, which, made up
+by the Whig party dropping its slave State constituency, and the
+Democratic party losing its Free-Soil constituents, rent this primary
+postulate of our politics in twain, and took possession of the
+Government by the election of its candidate, Mr. Lincoln.
+
+This movement in politics was one of prodigious difficulty and
+immeasurable responsibility. It was so felt to be by the prime actors in
+it, though with greatly varying largeness of survey and depth of
+insight. In the system of American politics it created as vast a
+disturbance as would a mutation of the earth's axis, or the displacement
+of the solar gravitation, in our natural world. This great transaction
+filled the twenty years of Mr. Chase's mature manhood, say, from the age
+of thirty to that of fifty years. He must be awarded the full credit of
+having understood, resolved upon, planned, organized, and executed, this
+political movement, and whether himself leading or coöperating or
+following in the array and march of events, his plan, his part, his
+service, were all for the cause, its prosperity, and its success. To
+one who considers this career, not as completed and triumphant, not with
+the glories of power, and dignities, and fame which attended it, not
+with the blessings of a liberated race, a consolidated Union, an
+ennobled nationality which receive the plaudits of his countrymen, but
+as its hazards and renunciations, its toils and its perils, showed at
+the outset, in contrast with the ease and splendor of his personal
+fortunes which adhesion to the political power of slavery seemed to
+insure to him, and then contemplates the promptness of his choice and
+the steadfastness of his perseverance, the impulse and the action seem
+to find a parallel in the life of the great Hebrew statesman, who, "_by
+faith_, when he was come to years, refused to be called the son of
+Pharaoh's daughter," and "_by faith_, forsook Egypt, not fearing the
+wrath of the king."
+
+The first half of this period of twenty years witnessed only the
+preliminaries, equally brave and sagacious, of agitation, promulgation
+of purposes and opinions, consultations, conventions, and political
+organizations, more and more comprehensive and effective. All this time
+Mr. Chase was simply a citizen, and apparently could expect no political
+station or authority till it should come from the prosperous fortunes of
+the party he was striving to create. Suddenly, by a surprising
+conjunction of circumstances he was lifted, at one bound, to the highest
+and widest sphere of influence, upon the opinion of the country, which
+our political establishment presents--I mean the Senate of the United
+States. The elective body, the Legislature of Ohio, was filled in almost
+equal numbers with Whigs and Democrats, but a handful of Liberty party
+men held the control to prevent or determine a majority. They elected
+Mr. Chase. The concurrence is similar, in its main features, to the
+election of Mr. Sumner to the Senate, two years afterward, in
+Massachusetts. Much criticism of such results is always and necessarily
+excited. The true interpretation of such transactions is simply a
+transition state from old to new politics, wherein party names and
+present interests are unchanged, but opinions and projects and prospects
+are taking a new shape, and the old mint, all at once, astonishes
+everybody by striking a new image and superscription, soon to be stamped
+upon the whole coinage. The part of Mr. Chase in this election, as of
+Mr. Sumner in his own, was elevated and without guile. His term in the
+Senate brought him to the year 1856, and was followed by two successive
+elections and four years' service as Governor of Ohio, and a reëlection
+to the Senate. In these high stations he added public authority to his
+opinions and purposes, and gained for them wider and wider influence,
+while he discharged all general senatorial duties, and official
+functions as Governor, with benefit to the legislation of the nation and
+to the administration of the State.
+
+As the presidential election approached and the Republican party took
+the field with an assurance of assuming the administration of the
+Federal Government, and of meeting the weighty responsibility of the new
+political basis, the question of candidates absorbed the attention of
+the party, and attracted the interest of the whole country. When a new
+dynasty is to be enthroned, the _personality_ of the ruler is an element
+of the first importance. In the general judgment of the country, and
+equally to the apprehension of the mass of his own party and of its
+rival, Mr. Seward stood as the natural candidate, and upon manifold
+considerations. His unquestioned abilities, his undoubted fidelity, his
+vast services and wide following in the party, presented an
+unprecedented combination of political strength to obtain the nomination
+and carry the election, and of adequate faculties and authority with the
+people for the prosperous administration of the presidential office.
+Second only to Mr. Seward, in this general judgment of his countrymen,
+stood Mr. Chase, with just enough of preference for him, in some
+quarters, over Mr. Seward, upon limited and special considerations, to
+encourage that darling expedient of our politics, a resort to a _third_
+candidate. This recourse was had, and Mr. Lincoln was nominated and
+elected.
+
+The disclosure of Mr. Lincoln to the eyes of his countrymen as a
+possible, probable, actual candidate for the presidency came upon them
+with the suddenness and surprise of a revelation. His advent to power as
+the ruler of a great people, in the supreme juncture of their affairs,
+to be the head of the state among its tried and trusted statesmen, to
+subordinate and coördinate the pride and ambition of leaders, the
+passions and interests of the masses, and to guide the destinies of a
+nation whose institutions were all framed for obedience to law and
+perpetual domestic peace, through rebellion, revolt, and civil war; and
+to the subversion of the very order of society of a vast territory and a
+vast population, finds no parallel in history; and was a puzzle to all
+the astrologers and soothsayers. It has been said of George III.--whose
+narrow intellect and obstinate temper so greatly helped on the rebellion
+of our ancestors to our independence--it has been said of George III.,
+that "it was his misfortune that, intended by nature to be a farmer,
+accident placed him on a throne." It was the happy fortune of the
+American people, that to the manifest advantages of freedom from
+jealousies of any rivals; and from commitment, by any record, to schemes
+or theories or sects or cabals, pursued by no hatreds, beguiled by no
+attachments, Mr. Lincoln added a vigorous, penetrating, and capacious
+intellect, and a noble, generous nature which filled his conduct of the
+Government, in small things and great, from beginning to end, "with
+malice to none and charity to all." These qualities were indispensable
+to the safety of the Government and to the prosperous issue of our civil
+war. In the great crisis of a nation struggling with rebellion, the
+presence or absence of these personal traits in a ruler may make the
+turning-point in the balance of its fate. Had Lincoln, in dealing with
+the administration of government during the late rebellion, insisted as
+George III. did, in his treatment of the American Revolution, upon "the
+right of employing as responsible advisers those only whom he personally
+liked, and who were ready to consult and execute his personal wishes,"
+had he excluded from his counsels great statesmen like Seward and Chase,
+as King George did Fox and Burke, who can measure the dishonor,
+disorder, and disaster into which our affairs might have fallen? Such
+narrow intelligence and perversity are as little consistent with the
+true working of administration under our Constitution as they were under
+the British Constitution, and as little consonant with the sound sense
+as they are with the generous spirit of our people.
+
+By the arrangement of his Cabinet, and his principal appointments for
+critical services, Mr. Lincoln showed at once that nature had fitted him
+for a ruler, and accident only had hid his earlier life in obscurity. I
+cannot hesitate to think that the presence of Mr. Seward and Mr. Chase
+in the great offices of State and Treasury, and their faithful
+concurrence in the public service and the public repute of the
+President's conduct of the Government, gave to the people all the
+benefits which might have justly been expected from the election of
+either to be himself the head of the Government and much else besides. I
+know of no warrant in the qualities of human nature, to have hoped that
+either of these great political leaders would have made as good a
+minister under the administration of the other, as President, as both of
+them did under the administration of Mr. Lincoln. I see nothing in Mr.
+Lincoln's great qualities and great authority with this people, which
+could have commensurately served our need in any place, in the conduct
+of affairs, except at their head.
+
+The general importance, under a form of government where the confidence
+of the people is the breath of the life of executive authority, of
+filling the great offices of state with men who, besides possessing the
+requisite special faculties for their several departments and large
+general powers of mind for politics and policies, have also great repute
+with the party, and great credit with the country, was well understood
+by the President. He knew that the times needed, in the high places of
+government, men "who," in Bolingbroke's phrase, "had built about them
+the opinion of mankind which, fame after death, is superior strength and
+power in life."
+
+Of the great abilities which Mr. Chase, in his administration of the
+Treasury, exhibited through the three arduous years of that public
+service, no question has ever been made. The exactions of the place knew
+no limits. A people, wholly unaccustomed to the pressure of taxation,
+and with an absolute horror of a national debt, was to be rapidly
+subjected to the first without stint, and to be buried under a mountain
+of the last. Taxes which should support military operations on the
+largest scale, and yet not break the back of industry which alone could
+pay them; loans, in every form that financial skill could devise, and to
+the farthest verge of the public credit; and, finally, the extreme
+resort of governments under the last stress and necessity, of the
+subversion of the legal tender, by the substitution of what has been
+aptly and accurately called the "coined credit" of the Government for
+its coined money--all these exigencies and all these expedients made up
+the daily problems of the Secretary's life. We may have some conception
+of the magnitude of these financial operations, by considering one of
+the subordinate contrivances required to give to the currency of the
+country the enormous volume and the ready circulation without which the
+tides of revenue and expenditure could not have maintained their flow. I
+refer to the transfer of the paper money of the country from the State
+to the national banks. This transaction, financially and politically,
+transcends in magnitude and difficulty, of itself alone, any single
+measure of administrative government found in our history, yet the
+conception, the plan, and the execution, under the conduct of Mr. Chase,
+took less time and raised less disturbance than it is the custom of our
+politics to accord to a change in our tariff or a modification of a
+commercial treaty. Another special instance of difficult and complicated
+administration was that of the renewal of the intercourse of trade, to
+follow closely the success of our arms, and subdue the interests of the
+recovered region to the requirements of the Government. But I cannot
+insist on details, where all was vast and surprising and prosperous. I
+hazard nothing in saying that the management of the finances of the
+civil war was the marvel of Europe and the admiration of our own people.
+For a great part of the wisdom, the courage, and the overwhelming force
+of will which carried us through the stress of this stormy sea, the
+country stands under deep obligations to Mr. Chase as its pilot through
+its fiscal perils and perplexities. Whether the genius of Hamilton,
+dealing with great difficulties and with small resources, transcended
+that of Chase, meeting the largest exigencies with great resources, is
+an unprofitable speculation. They stand together, in the judgment of
+their countrymen, the great financiers of our history.
+
+A somewhat persistent discrepancy of feeling and opinion between the
+President and the Secretary, in regard to an important office in the
+public service, induced Mr. Chase to resign his portfolio, and Mr.
+Lincoln to acquiesce in his desire. No doubt, it is not wholly fortunate
+in our Government that the distribution of patronage, a mixed question
+of party organization and public service, should so often harass and
+embarrass administration, even in difficult and dangerous times. Mr.
+Lincoln's ludicrous simile is an incomparable description of the system
+as he found it. He said, at the outset of his administration, that "he
+was like a man letting rooms at one end of his house, while the other
+end was on fire." Some criticism of the Secretary's resignation and of
+the occasion of it, at the time, sought to impute to them consequences
+of personal acerbity between these eminent men, and the mischiefs of
+competing ambitions and discordant counsels for the public interests.
+But the appointment of Mr. Chase to the chief-justiceship of the United
+States silenced all this evil speech and evil surmise.
+
+There is no doubt that Mr. Chase greatly desired this office, its
+dignity and durability both considered, the greatest gratification, to
+personal desires, and the worthiest in public service, and in public
+esteem, that our political establishment affords. Fortunate, indeed, is
+he who, in the estimate of the profession of the law, and in the general
+judgment of his countrymen, combines the great natural powers, the
+disciplined faculties, the large learning, the larger wisdom, the firm
+temper, the amiable serenity, the stainless purity, the sagacious
+statesmanship, the penetrating insight, which make up the qualities that
+should preside at this high altar of justice, and dispense to this great
+people the final decrees of a government "not of men, but of laws." To
+whatever President it comes, as a function of his supreme authority, to
+assign this great duty to the worthiest, there is given an opportunity
+of immeasurable honor for his own name, and of vast benefits to his
+countrymen, outlasting his own brief authority, and perpetuating its
+remembrance in the permanent records of justice, "the main interest of
+all human society," so long as it holds sway among men. John Adams, from
+the Declaration of Independence down, and with the singular felicity of
+his line of personal descendants, has many titles to renown, but by no
+act of his life has he done more to maintain the constituted liberties
+which he joined in declaring, or to confirm his own fame, than by giving
+to the United States the great Chief-Justice Marshall, to be to us,
+forever, through every storm that shall beset our ship of state--
+
+  "Like a great sea-mark, standing every flaw,
+    And saving them that eye it."
+
+In this disposition, Mr. Lincoln appointed Mr. Chase to the vacant
+seat, and the general voice recognized the great fitness of the
+selection.
+
+I may be permitted to borrow from the well-considered and sober words of
+an eminent judge, the senior Associate on the bench of the Supreme
+Court--words that will carry weight with the country which mine could
+not--a judicial estimate of this selection. Mr. Justice Clifford says:
+"Appointed, as it were, by common consent, he seated himself easily and
+naturally in the chair of justice, and gracefully answered every demand
+upon the station, whether it had respect to the dignity of the office,
+or to the elevation of the individual character of the incumbent, or to
+his firmness, purity, or vigor of mind. From the first moment he drew
+the judicial robes around him he viewed all questions submitted to him
+as a judge in the calm atmosphere of the bench, and with the deliberate
+consideration of one who feels that he is determining issues for the
+remote and unknown future of a great people."
+
+_Magistratus ostendit virum_--the magistracy shows out the man. A great
+office, by its great requirements and great opportunities, calls out and
+displays the great powers and rare qualities which, presumably, have
+raised the man to the place. Let us consider this last public service
+and last great station, as they exhibit Mr. Chase to a candid estimate.
+
+And, first, I notice the conspicuous fitness for judicial service of the
+mental and moral constitution of the man. All through the heady contests
+of the vehement politics of his times, his share in them had embodied
+decision, moderation, serenity, and inflexible submission to reason as
+the master and ruler of all controversies. Force, fraud, cunning, and
+all lubric arts and artifices, even the beguilements of rhetoric, found
+no favor with him, as modes of warfare or means of victory. So far,
+then, from needing to lay down any weapons, or disuse any methods in
+which he was practised, or learn or assume new habits of mind or strange
+modes of reasoning, Mr. Chase, in the working of his intellect and the
+frame of his spirit, was always judicial.
+
+It was not less fortunate for the prompt authority of his new station,
+so dependent upon the opinion of the country, that his credit for great
+abilities and capacity for large responsibilities was already
+established. Great repute, as well as essential character, is justly
+demanded for all elevated public stations, and especially for judicial
+office, whose prosperous service, in capital junctures, turns mainly on
+moral power with the community at large.
+
+Both these preparations easily furnished the Chief-Justice with the
+requisite aptitude for the three relations, of prime importance, upon
+which his adequacy must finally be tested; I mean, his relation to the
+court as its presiding head, his relation to the profession as masters
+of the reason and debate over which the court is the arbiter, and his
+relation to the people and the State in the exercise of the critical
+constitutional duties of the court, as a coördinate department of the
+Government.
+
+In a numerous court, that the Chief-Justice should have a prevalent and
+gracious authority, as first among equals, to adjust, arrange, and
+facilitate the coöperative working of its members, will not be doubted.
+For more than sixty years, at least, this court had felt this
+authority--_potens et lenis dominatio_--in the presence of the two
+celebrated Chief-Justices who filled out this long service. Their great
+experience and great age had supported, and general conformity of
+political feeling, if not opinion, on the bench, had assisted, this
+relation of the Chief-Justice to the court.
+
+When Mr. Chase was called to this station, he found the bench filled
+with men of mark and credit, and his accession made an exactly equal
+division of the court between the creations of the old and of the new
+politics. In these circumstances the proper maintenance of the
+traditional relation of the Chief-Justice to the court was of much
+importance to its unbroken authority with the public. That it was so
+maintained was apparent to observation, and Mr. Justice Clifford,
+speaking for the court, has shown it in a most amiable light:
+
+"Throughout his judicial career he always maintained that dignity of
+carriage and that calm, noble, and unostentatious presence that
+uniformly characterized his manners and deportment in the social circle;
+and, in his intercourse with his brethren, his suggestions were always
+couched in friendly terms, and were never marred by severity or
+harshness."
+
+As for the judgment of the bar of the country, while it gave its full
+assent to the appointment of Mr. Chase, as an elevated and wise
+selection by the President, upon the general and public grounds which
+should always control, there was some hesitancy, on the part of the
+lawyers, as to the completeness of Mr. Chase's professional training,
+and the special aptitude of his intellect to thread the tangled mazes of
+affairs which form the body of private litigations. The doubt was
+neither unkind nor unnatural, and it was readily and gladly resolved
+under the patient and laborious application, and the accurate and
+discriminating investigation, with which the Chief-Justice handled the
+diversified subjects, and the manifold complexities, which were brought
+into judgment before him. In fact, the original dubitation had
+overlooked the earlier distinction of Mr. Chase at the bar in some most
+important forensic efforts, and had erred in comparing, for their
+estimate, Mr. Chase entering upon judicial employments, with his
+celebrated predecessors, as they showed themselves at the close, not at
+the outset, of their long judicial service. I feel no fear of dissent
+from the profession in saying that those who practised in the Circuit or
+in the Supreme Court while he presided, as well as the larger and
+widely-diffused body of lawyers who give competent and responsible study
+to the reports, recognize the force of his reason, the clearness of his
+perceptions, the candor of his opinions, and the lucid rhetoric of his
+judgments, as assuring his rank with the eminent judges of our own and
+the mother-country.
+
+But, in the most imposing part of the jurisdiction and jurisprudence of
+the court; in its dominion over all that belongs to the law of nations,
+whether occupied with the weighty questions of peace and war, and the
+multitudinous disturbances of public and private law which follow the
+change from one to the other; or with the complications of foreign
+intercourse and commerce with all the world, which the genius of our
+people is constantly expanding; in its control, also, of the lesser
+public law of our political system, by which we are a nation of
+republics, where the bounds of State and Federal authority need constant
+exploration, and require accurate and circumspect adjustment; in its
+final arbitrament on all conflicts and encroachments by which the great
+coördinate departments of the Government are to be confined to their
+appropriate spheres; in that delicate and superb supremacy of judicial
+reason whereby the Constitution confides to the deliberations of this
+court the determination, even, of the legality of legislation, and
+trusts it, nevertheless, to abstain itself from law-making--in all these
+transcendent functions of the tribunal the preparation and the adequacy
+of the Chief-Justice were unquestioned.
+
+Accordingly, we find in the few years of his service, before his decline
+in health, in the crowd of causes bred by the civil war, which pressed
+the court with novel embarrassments, and loaded it with unprecedented
+labors, that the Chief-Justice gave conspicuous evidence, in repeated
+instances, of that union of the faculties of a lawyer and a statesman,
+which alone can satisfy the exactions of this highest jurisdiction,
+unequaled and unexampled in any judicature in the world. To name these
+conspicuous causes merely, without unfolding them, would carry no
+impression; and time fails for any demonstrative criticism upon them.
+
+There are two passages in the judicial service of Mr. Chase which,
+attracting great attention and exciting some difference of opinion at
+the time of the transactions, invite a brief consideration at your
+hands.
+
+The first political impeachment in our constitutional history,
+involving, as it did, the accusation of the President of the United
+States, required the Chief-Justice to preside at the trial before the
+Senate, creating thus the tribunal to which the Constitution had
+assigned this high jurisdiction. Beyond the injunction that the Senate,
+when sitting for the trial of impeachments, should be "on oath,"
+the Constitution gave no instruction to fix or ascertain the
+character of the procedure, the nature of the duty assigned to the
+specially-organized court, or the distribution of authority between the
+Chief-Justice and the Senate. The situation lacked no feature of
+gravity--no circumstance of solicitude--and the attention of the whole
+country, and of foreign nations, watched the transaction at every stage
+of its progress. No circumstances could present a greater disparity of
+political or popular forces between accuser and accused, and none could
+be imagined of more thorough commitment of the body of the court--the
+Senate--both in the interests of its members, in their political
+feeling, and their pre-judgments; all tending to make the condemnation
+of the President, upon all superficial calculations, inevitable. The
+effort of the Constitution to guard against mere partisan judgment, by
+requiring a two-third vote to convict, was paralyzed by the complexion
+of the Senate, showing more than four-fifths of that body of the party
+which had instituted the impeachment and was demanding conviction. To
+this party, as well, the Chief-Justice belonged, as a founder, a leader,
+a recipient of its honors, and a lover of its prosperity and its fame.
+The President, raised to the office from that of Vice-President--to
+which alone he had been elected--by the deplored event of Mr. Lincoln's
+assassination, was absolutely without a party, in the Senate or in the
+country; for the party whose suffrages he had received for the
+vice-presidency was the hostile force in his impeachment. And, to bring
+the matter to the worst, the succession to all the executive power and
+patronage of the Government, in case of conviction, was to fall into the
+administration of the President of the Senate--the creature, thus, of
+the very court invested with the duty of trial and the power of
+conviction.
+
+Against all these immense influences, confirmed and inflamed by a storm
+of party violence, beating against the Senate-house without abatement
+through the trial, the President was acquitted. To what wise or
+fortunate protection of the stability of government does the people of
+this country owe its escape from this great peril? Solely, I cannot
+hesitate to think, to the potency--with a justice-loving, law-respecting
+people--of the few decisive words of the Constitution which, to the
+common apprehension, had impressed upon the transaction the solemn
+character of trial and conviction, under the sanction of the oath to
+bind the conscience, and not of the mere exercise of power, of which its
+will should be its reason. In short, the Constitution had made the
+procedure _judicial_, and not _political_. It was this sacred
+interposition that stayed this plague of political resentments which,
+with their less sober and intelligent populations, have thwarted so many
+struggles for free government and equal institutions.
+
+Over this scene, through all its long agitations, the Chief-Justice
+presided, with firmness and prudence, with circumspect comprehension,
+and sagacious forecast of the vast consequences which hung, not upon the
+result of the trial as affecting any personal fortunes of the
+President, but upon the maintenance of its character as a trial--upon
+the prevalence of law, and the supremacy of justice, in its methods of
+procedure, in the grounds and reasons of its conclusion. That his
+authority was greatly influential in fixing the true constitutional
+relations of the Chief-Justice to the Senate, and establishing a
+precedent of procedure not easily to be subverted; that it was felt,
+throughout the trial, with persuasive force, in the maintenance of the
+judicial nature of the transaction; and that it never went a step beyond
+the office which belonged to him--of presiding over the Senate trying an
+impeachment--is not to be doubted.
+
+The President was acquitted. The disappointment of the political
+calculations which had been made upon, what was felt by the partisans of
+impeachment to be, an assured result, was unbounded; and resentments,
+rash and unreasoning, were visited upon the Chief-Justice, who had
+influenced the Senate to be judicial, and had not himself been
+political. No doubt, this impeachment trial permanently affected the
+disposition of the leading managers of the Republican party toward the
+Chief-Justice, and his attitude thereafter toward that party, in his
+character of a citizen. But the people of the country never assumed any
+share of the resentment of party feeling. The charge against him, if it
+had any shape or substance, came only to this: that the Chief-Justice
+brought into the Senate, under his judicial robes, no concealed weapons
+of party warfare, and that he had not plucked from the Bible, on which
+he took and administered the judicial oath, the commandment for its
+observance.
+
+Not long after Mr. Chase's accession to the bench there came before the
+court a question, in substance and in form, as grave and difficult as
+any that its transcendent jurisdiction over the validity of the
+legislation of Congress, has ever presented, or, in any forecast we can
+make of the future, will ever present for its judgment; I mean the
+constitutionality of that feature and quality of the issues of United
+States notes during the war, which made them a legal tender for the
+satisfaction of private debts. This measure was one of the great
+administrative expedients for marshaling the wealth of the country, as
+rapidly, as equally, and as healthfully, to the energies of production
+and industry, as might be, and so as seasonably to meet the
+immeasurable demands of the public service, in the stress of the war.
+That it was debated and adopted, with full cognizance of its critical
+character, and with extreme solicitude that all its bearings should be
+thoroughly explored, and upon the same peremptory considerations, upon
+which the master of a ship cuts away a mast or jettisons cargo, or the
+surgeon amputates a limb, was a matter of history. Mr. Chase, as
+Secretary of the Treasury, with a reluctance and repugnance which
+enhanced the weight of his counsels, approved the measure, as one of
+necessity for the fiscal operations of the Government, which knew no
+other seasonable or adequate recourse. Upon this imposing and
+authoritative advice of the financial minister, the legal-tender trait
+of the paper issues of the Government was adopted by Congress, and
+without his sanction, presumptively, it would have been denied.
+
+And now, when, after repeated argument at the bar, and long
+deliberations of the court, the decision was announced, the determining
+opinion of the Chief-Justice, in an equal division of the six associate
+justices, pronounced the legal-tender acts unconstitutional, as not
+within the discretion of the political departments of the Government,
+Congress, and the Executive, to determine this very question of the
+necessity of the juncture, as justifying their enactment.
+
+The singularity of the situation struck everybody, and greatly divided
+public sentiment between applause and reproaches of the Chief-Justice,
+as the principal figure both in the administrative measure and in its
+judicial condemnation. But soon, a new phase of the unsettled agitation
+on the merits of the constitutional question, drew public attention, and
+created even greater excitement of feeling and diversity of sentiment.
+The court, which had been reduced by Congress under particular and
+temporary motives, hostile to the appointing power of President Johnson,
+had been again opened by Congress to its permanent number, and its
+vacancies had been filled. A new case, involving the vexed question, was
+heard by the court, and the validity of the disputed laws was sustained
+by its judgment. The signal spectacle of the court, which had judged
+over Congress and the Secretary, now judging over itself, gave rise to
+much satire on one side and the other, and to some coarseness of
+contumely as to the motives and the means of these eventful mutations
+in matters, where stability and uniformity are, confessedly, of the
+highest value to the public interests, and to the dignity of government.
+
+Confessing to a firm approval of the final disposition of the
+constitutional question by the court, I concede it to be a subject of
+thorough regret that the just result was not reached by less uncertain
+steps. But, with this my adverse attitude to the Chief-Justice's
+judicial position on the question, I find no difficulty in discarding
+all suggestions which would mix up political calculations with his
+judicial action. The error of the Chief-Justice, if, under the last
+judgment of the court, we may venture so to consider it, was in
+following his strong sense of the supreme importance of restoring the
+integrity of the currency, and his impatience and despair at the
+feebleness of the political departments of the Government in that
+direction, to the point of concluding that the final wisdom of this
+great question--_inter apices juris_, as well as of the highest reasons
+of state--was to deny to the brief exigency of war, what was so
+dangerous to the permanent necessities of peace. But a larger reason and
+a wider prudence, as it would seem, favor the prevailing judgment, which
+refused to cripple the permanent faculties of government for the
+unforeseen duties of the future, and drew back the court from the
+perilous edge of _law-making_, which, overpassed, must react to cripple,
+in turn, the essential judicial power. The past, thus, was not
+discredited, nor the future disabled.
+
+I have now carried your attention to the round of public service which
+filled the life of Mr. Chase with activity and usefulness, and yet the
+survey and the lesson are incomplete without some reference to a station
+he never attained, to an office he never administered; I mean, to be
+sure, the presidency. It is of the nature of this great place of power
+and trust, and the necessity of the method by which alone it can be
+reached, to present to the ambition and public spirit of political
+leaders, and to the honest hopes and enthusiasm of the great body of the
+people, an equally frequent disappointment. This is not the place to
+insist upon the reasons of this unquestionable mischief, nor to attempt
+to point out the escape from them, if indeed the problem be not, in
+itself, too hard for solution. To Mr. Chase, as to all the great
+leaders of opinion in the present and perhaps the last generation of our
+public men, this disappointment came, and in his case, as in theirs,
+brought with it the defeat of the hopes and desires of a large following
+of his countrymen, who sought, through his accession to the presidency,
+the elevation of the Government, and the welfare of the people.
+
+That the range and dignity of Mr. Chase's public employments and the
+large capacity, absolute probity, and unbounded energy which he had
+shown in them, justified his aspiration to the presidency, and the
+public calculations of great benefit from his accession to it, may not
+be doubted. In this state of things it is obvious, that he would
+necessarily be greatly in the minds of men, as a candidate for the
+candidacy, and this, too, whether they favored or opposed it, without
+any implication of undue activity of desire, much less of effort, on his
+part, to obtain the nomination. But, it was not in the fortunes of Mr.
+Chase's life to take the flood of any tide, in the restless sea of our
+politics, which led on to the presidency. In 1860 there was no principle
+and no policy of the Republican party which could tolerate the
+postponement of Mr. Seward to Mr. Chase, if a political leader was to be
+put in nomination. In 1864 the paramount considerations of absolute
+supremacy, which dictated the reëlection of Mr. Lincoln, would endure no
+competition of candidates in the Republican party. In 1868, when each
+party seemed, in an unusual degree, free to seek and find its candidates
+where it would, Mr. Chase was Chief-Justice, and no issue of the public
+safety existed, which alone, in the settled convictions of this people,
+would favor a political canvass by the head of the judiciary.
+
+In a just view of the office of President, as framed in the
+Constitution, which he only, in the whole establishment of the
+Government, is sworn "to preserve, protect, and defend," and of the
+rightful demands of this people from its supreme magistracy, I am sure
+most people will agree that Mr. Chase possessed great qualities for the
+discharge of its high duties, and for the maintenance of good government
+in difficult times. These qualifications I have already unfolded from
+his life. If, indeed, the great hold over the Government, which the
+Constitution secures to the people by the election of the President,
+and his direct and constant responsibility to popular opinion, and the
+full powers, thus safely confided to him, in the name and as the trust
+of the people at large--if this hold is to be exercised and preserved in
+its appropriate vigor, it can only be by the election to the presidency
+of true leaders of the political opinion of the country. In this way
+alone can power and responsibility be kept in union; and any nation
+which, in the working of its government, sees them divorced--sees power
+without responsibility, and responsibility without power--must expect
+dishonor and disaster in its affairs.
+
+I have, thus, with such success as may be, undertaken to separate the
+thread of this individual character and action from that woven tapestry
+of human life, whose conciliated colors and collective force make up one
+of the noblest chapters of history. I have attempted to present in
+prominent points, passing _per fastigia rerum_, the worth, the work, the
+duty, and the honor which fill out "the sustained dignity of this
+stately life." From his boyhood on the banks of this fair river--famous
+as having given birth and nurture to three Chief-Justices of the United
+States, Ellsworth, Chase, and Waite; through his first lessons in the
+humanities in beautiful Windsor, his fuller instruction in the lap of
+this gracious mother, his loved and venerated Dartmouth; through his
+lessons in law and in eloquence at the feet of his great master, Wirt,
+his study of statesmen and government at the capital; through, his
+faithful service to the law, that jealous mistress, and his generous
+advocacy of the rights, and resentment of the wrongs, of the unfriended
+and the undefended; through his season of stormy politics with its
+"estuations of joys and fears;" through the crush and crowd of labors
+and solicitudes which beset him as minister of finance in the tensions
+and perils of war; through all this steep ascent to the serene height of
+supreme jurisprudence, this life, but a span in years, was enough for
+the permanent service of his country, and for the assurance of his fame.
+"_Etenim, Quirites, exiguum nobis vitæ curriculum natura circumscripsit,
+immensum gloriæ._"
+
+If I should attempt to compare Mr. Chase, either in resemblance or
+contrast, with the great names in our public life, of our own times, and
+in our previous history, I should be inclined to class him, in the
+solidity of his faculties, the firmness of his will, and in the
+moderation of his temper, and in the quality of his public services,
+with that remarkable school of statesmen, who, through the Revolutionary
+War, wrought out the independence of their country, which they had
+declared, and framed the Constitution, by which the new liberties were
+consolidated and their perpetuity insured. Should I point more
+distinctly at individual characters, whose traits he most recalls,
+Ellsworth as a lawyer and judge, and Madison as a statesman, would seem
+not only the most like, but very like, Mr. Chase. In the groups of his
+cotemporaries in public affairs, Mr. Chase is always named with the most
+eminent. In every triumvirate of conspicuous activity he would be
+naturally associated. Thus, in the preliminary agitations which prepared
+the triumphant politics, it is Chase and Sumner and Hale; in the
+competition for the presidency when the party expected to carry it, it
+is Seward and Lincoln and Chase; in administration, it is Stanton and
+Seward and Chase; in the Senate, it is Chase and Seward and Sumner. All
+these are newly dead, and we accord them a common homage of admiration
+and of gratitude, not yet to be adjusted or weighed out to each.
+
+Just a quarter of a century before Mr. Chase left these halls of
+learning, the college sent out another scholar of her discipline, with
+the same general traits of birth, and condition, and attendant
+influences, which we have noted as the basis of the power and influence
+of this later son of Dartmouth. He played a famous part in his time as
+lawyer, senator, and minister of state, in all the greatest affairs, and
+in all the highest spheres of public action; and to his eloquence his
+countrymen paid the singular homage, with which the Greeks crowned that
+of Pericles, who alone was called Olympian for his grandeur and his
+power. He died with the turning tide from the old statesmanship to the
+new, then opening, now closed, in which Mr. Chase and his cotemporaries
+have done their work and made their fame. Twenty-one years ago this
+venerable college, careful of the memory of one who had so greatly
+served as well as honored her, heard from the lips of Choate the praise
+of Webster. What lover of the college, what admirer of genius and
+eloquence, can forget the pathetic and splendid tribute which the
+consummate orator paid to the mighty fame of the great statesman? What
+mattered it to him, or to the college, that, for the moment, this fame
+was checked and clouded, in the divided judgments of his countrymen, by
+the rising storms of the approaching struggle? But, instructed by the
+experience of the vanquished rebellion, none are now so dull as not to
+see that the consolidation of the Union, the demonstration of the true
+doctrine of the Constitution, the solicitous observance of every
+obligation of the compact, were the great preparations for the final
+issue of American politics between freedom and slavery.
+
+To these preparations the life-work of Webster and his associates was
+devoted; their completeness and adequacy have been demonstrated; the
+force and magnitude of the explosion have justified all their
+solicitudes lest it should burst the cohesions of our unity. The general
+sense of our countrymen now understands that the statesmen who did the
+most to secure the common government for slavery and freedom under the
+frame of the Constitution, and who in the next generations did the most
+to strengthen the bonds of the Union, and to avert the last test till
+that strength was assured; and, in our own latest times, did the most to
+make the contest at last become seasonable and safe, thorough and
+unyielding and unconditional, have all wrought out the great problem of
+our statesmanship, which was to assure to us "Liberty and Union, now and
+forever, one and inseparable." They all deserve, as they shall all
+receive, each for his share, the gratitude of their countrymen, and the
+applause of the world.
+
+To the advancing generations of youth that Dartmouth shall continue to
+train for the service of the republic, and the good of mankind, the
+lesson of the life we commemorate, to-day, is neither obscure nor
+uncertain. The toils and honors of the past generations have not
+exhausted the occasions nor the duties of our public life, and the
+preparation for them, whatever else it may include, can never omit the
+essential qualities which have always marked every prosperous and
+elevated career. These are energy, labor, truth, courage, and faith.
+These make up that ultimate WISDOM to which the moral constitution of
+the world assures a triumph.--"Wisdom is the principal thing; she shall
+bring thee to honor; she shall give to thy head an ornament of grace; a
+crown of glory shall she deliver to thee."
+
+
+
+
+
+End of Project Gutenberg's Eulogy on Chief-Justice Chase, by William M. Evarts
+
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+      Eulogy on Chief-Justice Chase, by William M. Evarts
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+<pre>
+
+Project Gutenberg's Eulogy on Chief-Justice Chase, by William M. Evarts
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Eulogy on Chief-Justice Chase
+       Delivered by William M. Evarts before the Alumni of
+              Dartmouth College, at Hanover
+
+Author: William M. Evarts
+
+Release Date: September 3, 2006 [EBook #19165]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK EULOGY ON CHIEF-JUSTICE CHASE ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+http://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+
+
+
+
+</pre>
+
+
+<p><span class='pagenum'><a name="Page_1" id="Page_1">[Pg 1]</a></span></p>
+
+
+<h2>EULOGY</h2>
+
+  <h4>ON</h4>
+
+  <h1>CHIEF-JUSTICE CHASE,</h1>
+
+  <h4>DELIVERED BY</h4>
+
+  <h3>WILLIAM M. EVARTS,</h3>
+
+  <h4>BEFORE THE</h4>
+
+  <h3>ALUMNI OF DARTMOUTH COLLEGE, AT HANOVER, JUNE 24, 1874.</h3>
+
+  <p class='center'>NEW YORK:<br />
+  D. APPLETON AND COMPANY,<br />
+  549 AND 551 BROADWAY.<br />
+  1874.</p>
+
+<p><span class='pagenum'><a name="Page_2" id="Page_2">[Pg 2]</a></span></p>
+
+
+
+
+
+<p class='center'>
+<span class="smcap">Entered</span>, according to Act of Congress, in the year 1874, by<br />
+D. APPLETON &amp; CO.,<br />
+In the office of the Librarian of Congress, at Washington.<br />
+<span class='pagenum'><a name="Page_3" id="Page_3">[Pg 3]</a></span></p>
+<p><br /><br /></p>
+<h2>EULOGY</h2>
+
+<h4>ON</h4>
+
+<h1>CHIEF-JUSTICE CHASE.</h1>
+<p><br /><br /></p>
+<p>MR. PRESIDENT <span class="smcap">and Gentlemen, the Alumni of Dartmouth College</span>:
+When, not many weeks since, the committee of your association did me the
+honor to invite me to present, in an address to the assembled graduates
+of the college, a commemoration of the life, the labors, and the fame of
+the very eminent man and greatly honored scholar of your discipline,
+lawyer, orator, senator, minister, magistrate, whom living a whole
+nation admired and revered, whom dead a whole nation laments, I felt
+that neither a just sense of public duty nor the obligations of personal
+affection would permit me to decline the task. Yielding, perhaps too
+readily, to the persuasions of your committee that somewhat close
+professional and public association with the Chief-Justice in the later
+years of his life, and the intimate enjoyment of his personal
+friendship, might excuse my want of that binding tie of fellowship in a
+commemoration, in which the venerated college does dutiful honor to a
+son, and the assembled alumni crown with their affection the memory of a
+brother, I dismissed also, upon the same persuasion, all anxious
+solicitudes, which otherwise would have oppressed me, lest importunate
+and inextricable preoccupations of time and mind should disable me from
+presenting as considerable, and as considerate, a survey of the eminent
+character and celebrated career of Mr. Chase as should comport with
+<span class='pagenum'><a name="Page_4" id="Page_4">[Pg 4]</a></span>them, or satisfy the just exigencies of the occasion.</p>
+
+<p>The commemoration which brings us together has about it nothing
+funereal, in sentiment or observance, to darken our minds or sadden our
+hearts to-day. The solemn rites of sepulture, the sobbings of sorrowing
+affection, the homage of public grief, the concourse of the great
+officers of state, the assemblage of venerable judges, the processions
+of the bar, of the clergy, of liberal and learned men, the attendant
+crowds of citizens of every social rank and station, both in the great
+city where he died, and at the national capital, have already graced his
+burial with all imaginable dignity and unmeasured reverence. To prolong
+or renew this pious office is no part of our duty to-day. Nor is the
+maturity or nurture which the college gives to those it calls its sons,
+bestowed as it is upon their mind and character, affected by the death
+of the body as is the heart of the natural mother; nor are you, his
+brethren in this foster care of the spirit, bowed with the same sense of
+bereavement as are natural kindred. The filial and fraternal relation
+which he bore to you, the college and the alumni, is hardly broken by
+his death, nor is he hidden from you by his burial. His completed
+natural life is but the assurance and perpetuation of the power, the
+fame, the example, which the discipline and culture here bestowed had
+for their object, and in which they find their continuing and
+ever-increasing glory. The energy here engendered has not ceased its
+beneficent activity, the torch here lighted still diffuses its
+illumination, and the fires here kindled still radiate their heat.</p>
+
+<p>Not less certain is it that the spirit of this commemoration imposes no
+task of vindication or defense, and tolerates no tone of adulation or
+applause. The tenor of this life, the manifestation of this character,
+was open and public, before the eyes of all men, upon an eminent stage
+of action, displayed constantly on the high places of the world. No
+faculty that Mr. Chase possessed, no preparation of mind or of spirit,
+for great undertakings or for notable achievements, ever failed of
+exercise or exhibition for want of opportunity, or, being exercised or
+exhibited, missed commensurate recognition or responsive plaudits from
+his countrymen. His career shows no step backward, the places he filled
+were all of the highest, the services he rendered were the most
+<span class='pagenum'><a name="Page_5" id="Page_5">[Pg 5]</a></span>difficult as well as the most eminent. If, as the preacher proclaims,
+"time and chance happeneth to all," the times in which Mr. Chase lived
+permitted the widest scope to great abilities and the noblest forms of
+public service; and the fortunes of his life show the felicity of the
+occasions which befell him to draw out these abilities, and to receive
+these services. Not less complete was the round of public honors which
+crowned his public labors, and we have no occasion, here, to lament any
+shortcomings of prosperity or favor, or repeat the authentic judgment
+which the voices of his countrymen have pronounced upon his fame.</p>
+
+<p>The simple office, then, which seems to me marked out for one who
+assumes this deputed service in the name of the college and for the
+friends of good learning, is, in so far as the just limits of time and
+circumstance will permit, to expose the main features of this celebrated
+life, "to decipher the man and his nature," to connect the true elements
+of his character and the moulding force of his education with the work
+he did, with the influence he wielded in life, with the power of the
+example which lives after him, and always to have in view, as the most
+fruitful uses of the hour, his relations to the men and events of his
+times, and, not less, his true place in history among the lawyers,
+orators, statesmen, magistrates of the land. <i>Vera non verba</i> is our
+maxim to-day; truth, not words, must mark the tribute the college pays
+to the sober dignity and solid worth of its distinguished son.</p>
+
+<p>Born of a lineage, which on the father's side dates its American descent
+from the Puritan emigration of 1640, and on the mother's, finds her the
+first of that stock native to this country, the son of these parents
+took no contrariety of traits from the union of the blood of the English
+Puritans and the Scotch Covenanters, but rather harmonious corroboration
+of the characteristics of both. These, sturdy enough in either, combined
+in this descendant to produce as independent and resolute a nature for
+the conflicts and labors of his day, as any experience of trial or
+triumph, of proscription or persecution suffered or resisted, had
+required or supplied in the long history of the contests of these two
+congenial races with priests and potentates, with principalities and
+powers. Nothing could be less consonant with a just estimate of the
+strong traits of this lineage, than which<span class='pagenum'><a name="Page_6" id="Page_6">[Pg 6]</a></span> neither Hebrew, nor Grecian,
+nor Roman nurture has wrought for its heroes either a firmer fibre or a
+nobler virtue, than to ascribe its chief power to enthusiasm or
+fanaticism. Plain, sober, practical men and women as they were, there
+was no hard detail of every-day life that they were not equal to, no
+patient and cheerless sacrifice they could not endure, no vicissitude of
+adverse or prosperous fortune which they could not meet with unchecked
+serenity. If it be enthusiasm that in them the fear of God had cast out
+the fear of man, or fanaticism that they placed "things that are
+spiritually discerned" above the vain shows of the world of sense, in so
+far they were enthusiasts and fanatics. In every stern conflict, in
+every vast labor, in every intellectual and moral development of which
+this country has been the scene, without fainting or weariness they have
+borne their part, and in the conclusive triumph of the principles of the
+Puritans and their policies over all discordant, all opposing elements,
+which enter into the wide comprehension of American nationality, theirs
+be the praise which belongs to such well-doing.</p>
+
+<p>The son of a farmer&mdash;a man of substance, and of credit with his
+neighbors, and not less with the people of his State&mdash;young Chase drew
+from his boyhood the vigor of body and of mind which rural life and
+labors are well calculated to nourish. Several of his father's brothers
+were graduates of this college, and reached high positions in Church and
+State. An unpropitious turn of the commercial affairs of the country
+nipped, with its frost, the growing prosperity of his father, whose
+death, soon following, left him, in tender years, and as one of a
+numerous family, to the sole care of his mother. With most scanty means,
+her thrift and energy sufficed to save her children from ignorance or
+declining manners; maintained their self-respect and independence; set
+them forth in the world well disciplined, stocked with good principles,
+and inspired with proud and honorable purposes. To the praise of this
+excellent woman, wherever the name of her great son shall be proclaimed,
+this, too, shall be told in remembrance of her: that a Christian's
+faith, and a mother's love, as high and pure as ever ennobled the most
+famous matrons of history, stamped the character and furnished the
+education which equipped him for the labors and the triumphs of his
+life. One cannot read her letters to her son<span class='pagenum'><a name="Page_7" id="Page_7">[Pg 7]</a></span> in college without the
+deepest emotion. How many such women were there, in the plain ranks of
+New England life, in her generation! How many are there now! Paying
+marvelous little heed to the discussion of women's rights, they show a
+wonderful addiction to the performance of women's duties.</p>
+
+<p>His uncle, Bishop Chase of Ohio, assumed, for a time, the care and
+expense of his education, and this drew him to the West, where, under
+this tutelage, he pursued academic studies for two years. At the end of
+this time he returned to his mother's charge, entered the junior class
+of Dartmouth College, and graduated in the year 1826, at the age of
+eighteen. The only significance, in its impression on his future life,
+of this brief guardianship of the Western Bishop, was as the determining
+influence which fixed the chief city of the West in his choice as the
+forum and arena of his professional and public life. After spending four
+years in Washington, gaining his subsistence by teaching, a law-student
+with Mr. Wirt&mdash;then at the zenith of his faculties and his
+fame&mdash;studying men and manners at the capital, watching the new
+questions then shaping themselves for political action, observing the
+celebrated statesmen of the day, conversant with the great Chief-Justice
+Marshall and his learned associates on the bench of the Supreme Court,
+and with Webster, and Binney, and other famous lawyers at its bar, he
+was admitted to practice, and, at the age of twenty-two, established
+himself at Cincinnati, transferring thus, once and forever, his home
+from the New England of his family, his birth, his education, and his
+love, to the ruder but equally strenuous and more expansive society of
+the West.</p>
+
+<p>While yet of tender years, following up the earlier pious instruction of
+his mother, and his own profound sense of religious obligations under
+the inculcation of the Bishop, he accepted the Episcopal Church as the
+body of Christian believers in whose communion he found the best support
+for the religious life he proposed to himself. When he left your college
+he had not wholly relinquished a purpose, once held, of adopting the
+clerical profession. His adhesion to the Christian faith was simple and
+constant and sincere, and he accepted it as the master and rule of his
+life, in devout confidence in the moral government of the world, as a
+present and real supremacy over the race of man<span class='pagenum'><a name="Page_8" id="Page_8">[Pg 8]</a></span> and all human affairs.
+He was all his life a great student of the Scriptures, and no modern
+speculations ever shook the solid reasons of his belief. When he entered
+the city of Washington, fresh from college, "the earnest prayer of his
+heart was, that God would give him work to do, and success in doing it."
+When he was laying out the plans of professional life, on his first
+establishment at Cincinnati, his invocation was, "May God enable me to
+be content with the consciousness of faithfully discharging all my
+duties, and deliver me from a too eager thirst for the applause and
+favor of men." All through the successive and manifold activities of his
+busy and strenuous life, when, to outward seeming, they were all worldly
+and personal, the same predominant sense of duty and religious
+responsibility animated and solemnized the whole.</p>
+
+<p>At this point in his life we may draw the line between the period of
+education for the work he had before him and that work itself. What Mr.
+Chase was, at this time, in all the essential traits of his moral and
+intellectual character&mdash;in his views of life, its value, its just
+objects and aims, its social, moral, and religious responsibilities; in
+his views of himself, his duties, obligations, prospects, and
+possibilities; in his determinations and desires&mdash;such, it seems to me
+from the most attentive study of all these points&mdash;such, in a very
+marked degree, he continued to be at every stage of his ascent in life.</p>
+
+<p>What, then, shall we assign as the decisive elements, the controlling
+constituents, of character&mdash;and what the assurance of their persistence
+and their force&mdash;which this youth could bring to the service of the
+State, or contribute to the advancement of society and the well-being of
+mankind?</p>
+
+<p>These were simple, but, in combination, powerful, and adequate to fill
+out worthily the life of large opportunities which, though not yet
+foreseen to himself, was awaiting him.</p>
+
+<p>The faculty of reason was very broad and strong in him, yet without
+being vast or surprising. It seized the sensible and practical relations
+of all subjects submitted to it, and firmly held them in its tenacious
+grasp; it exposed these relations to the apprehension of those whose
+opinion or action it behooved him to influence, by methods direct and
+sincere, discarding mere ingenuity, and disdaining the subtleness of
+insinuation. His educa<span class='pagenum'><a name="Page_9" id="Page_9">[Pg 9]</a></span>tion had all been of a kind to discipline and
+invigorate his natural powers; not to encumber them with a besetting
+weight of learning, or to supplant them by artificial training.</p>
+
+<p>His oratory was vigorous, with those "qualities of clearness, force, and
+earnestness, which produce conviction." His rhetoric was ample, but not
+rich; his illustrations apposite, but seldom to the point of wit; his
+delivery weighty and imposing.</p>
+
+<p>His force of will, whether in respect of peremptoriness or persistency,
+was prodigious. His courage to brave, and his fortitude to endure, were
+absolute. His loyalty to every cause in which he enlisted&mdash;his fidelity
+in every warfare in which he took up arms&mdash;were proof against peril and
+disaster.</p>
+
+<p>His estimate of human affairs, and of his own relation to them, was
+sober and sedate. All their grandeur and splendor, to his apprehension,
+connected themselves with the immortal life, and with God, as their
+guide, overseer, and ruler; and the sum of the practical wisdom of all
+worthy personal purposes seemed to him to be, to discern the path of
+duty, and to pursue it.</p>
+
+<p>His views of the commonwealth were essentially Puritan. Equality of
+right, community of interest, reciprocity of duty, were the adequate,
+and the only adequate, principles with him to maintain the strength and
+virtue of society, and preserve the power and permanence of the State.
+With these principles unimpaired and unimpeded he feared nothing for his
+countrymen or their government, and he made constant warfare upon every
+assault or menace that endangered them.</p>
+
+<p>It was with these endowments and with this preparation of spirit, that
+Mr. Chase confronted the realities of life, and assumed to play a part
+which, whether humble or high in the scale and plane of circumstance,
+was sure to be elevated and worthy in itself; for the loftiness of his
+spirit for the conflict of life was</p>
+
+<p>
+<span style="margin-left: 6em;">"Such as raised</span><br />
+<span style="margin-left: 1em;">To height of noblest temper heroes old</span><br />
+<span style="margin-left: 1em;">Arming to battle."</span><br />
+</p>
+
+<p>Such a character necessarily confers authority among men, and that Mr.
+Chase was ready, on all occasions arising, to assert his high principles
+by comporting action was never left in doubt.<span class='pagenum'><a name="Page_10" id="Page_10">[Pg 10]</a></span> Whether by interposing
+his strong arm to save Mr. Birney from the fury of a mob of Cincinnati
+gentlemen, incensed at the freedom of his press in its defiance of
+slavery; or by his bold and constant maintenance in the courts of the
+cause of fugitive slaves in the face of the resentments of the public
+opinion of the day; or by his fearless desertion of all reigning
+politics to lead a feeble band of protestants through the wilderness of
+anti-slavery wanderings, its pillar of cloud by day, its pillar of fire
+by night; or as Governor of Ohio facing the intimidations of the slave
+States, backed by Federal power and a storm of popular passion; or in
+consolidating the triumphant politics on the urgent issue which was to
+flame out into rebellion and revolt; or in his serene predominance,
+during the trial of the President, over the rage of party hate which
+brought into peril the co&ouml;rdination of the great departments of
+Government, and threatened its whole frame&mdash;in all these marked
+instances of public duty, as in the simple routine of his ordinary
+conduct, Mr. Chase asked but one question to determine his course of
+action, "Is it right?" If it were, he had strength, and will, and
+courage to carry him through with it.</p>
+
+<p>In the ten years of professional life which followed his admission to
+the bar, Mr. Chase established a repute for ability, integrity,
+elevation of purpose and capacity for labor, which would have surely
+brought him the highest rewards of forensic prosperity and distinction,
+and in due course, of eminent judicial station. In this quieter part of
+his life, as in his public career, it is noticeable that his employments
+were never common-place, but savored of a public zest and interest. His
+compilation of the Ohio Statutes was a <i>magnum opus</i>, indeed, for the
+leisure hours of a young lawyer, and possesses a permanent value,
+justifying the assurance Chancellor Kent gave him, that this surprising
+labor would find its "reward in the good he had done, in the talents he
+had shown, and in the gratitude of his profession."</p>
+
+<p>But this quiet was soon broken, never to be resumed, and though the
+great office of Chief-Justice was in store for him, it was to be reached
+by the path of statesmanship and not of jurisprudence.</p>
+
+<p>If it had seemed ever to Mr. Chase and his youthful contemporaries, that
+they had come upon times when, as Sir Thomas<span class='pagenum'><a name="Page_11" id="Page_11">[Pg 11]</a></span> Browne thought two hundred
+years ago, "it is too late to be ambitious," and "the great mutations of
+the world are acted," the illusion was soon dispelled. It has been sadly
+said of Greece in the age of Plutarch, that "all her grand but turbulent
+activities, all her noble agitations spent, she was only haunted by the
+spectres of her ancient renown." No doubt, forty years ago, in this
+country, there was a prevalent feeling that the age of the early
+settlements and, again, of our War of Independence, had closed the
+heroic chapters of our history, and left nothing for the public life of
+our later times, but peaceful and progressive development, and the calm
+virtues of civil prudence, to work out of our system all incongruities
+and discords. But what these political speculations assigned as the
+passionless work of successive generations, was to be done in our time,
+and, as it were, in one "unruly right."</p>
+
+<p>Mr. Chase had supported General Harrison for the presidency in 1840, not
+upon any very thorough identification with Whig politics, but partly
+from a natural tendency toward the personal fortunes of a candidate from
+the West, and from his own State, in the absence of any strong
+attraction of principle to draw him to the candidate or the politics of
+the Democratic party. But, upon the death of Harrison and, the elevation
+of Tyler to the presidency, Mr. Chase, promptly discerning the signs of
+the times, took the initiative toward making the national attitude and
+tendency on the subject of slavery the touchstone of politics. Politic
+and prudent by nature, and with no personal disappointments or
+grievances to bias his course, he doubtless would have preferred to save
+and use the accumulated and organized force of one or the other of the
+political parties which divided the country, and press its power into
+the service of the principles and the political action which he had,
+undoubtingly, decided the honor and interests of the country demanded.
+He was among the first of the competent and practical political thinkers
+of the day, to penetrate the superficial crust which covered the
+slumbering fires of our politics, and to plan for the guidance of their
+irrepressible heats so as to save the constituted liberties of the
+nation, if not from convulsion, at least from conflagration. He found
+the range of political thought and action, which either party permitted
+to itself or to its rival, compressed<span class='pagenum'><a name="Page_12" id="Page_12">[Pg 12]</a></span> by two unyielding postulates. The
+first of these insisted, that the safety of the republic would tolerate
+no division of parties, in Federal politics, which did not run through
+the slave States as well as the free. The second was that no party could
+maintain a footing in the slave States, that did not concede the
+nationality of the institution of slavery and its right, in equality
+with all the institutions of freedom, to grow with the growth and
+strengthen with the strength of the American Union. Nothing can be more
+interesting to a student of politics than the masterly efforts of
+patriotism and statesmanship, in which all the great men of the country
+participated, for many years, to confine the perturbations of our public
+life to a controversy with this latter and lesser postulate. Seward with
+the Whig party, Chase with the Democratic party, and a host of others in
+both, tried hard to conciliate the irreconcilable, and to stultify
+astuteness, to the acceptance of the proposition that slavery, its
+growth girdled, would not be already struck with death. Quite early,
+however, Mr. Chase grappled with the primary postulate, and through
+great labors, wise counsels, long-suffering patience, and by the
+successive stages of the Liberty party, Independent Democracy, and
+Free-Soil party, led up the way to the Republican party, which, made up
+by the Whig party dropping its slave State constituency, and the
+Democratic party losing its Free-Soil constituents, rent this primary
+postulate of our politics in twain, and took possession of the
+Government by the election of its candidate, Mr. Lincoln.</p>
+
+<p>This movement in politics was one of prodigious difficulty and
+immeasurable responsibility. It was so felt to be by the prime actors in
+it, though with greatly varying largeness of survey and depth of
+insight. In the system of American politics it created as vast a
+disturbance as would a mutation of the earth's axis, or the displacement
+of the solar gravitation, in our natural world. This great transaction
+filled the twenty years of Mr. Chase's mature manhood, say, from the age
+of thirty to that of fifty years. He must be awarded the full credit of
+having understood, resolved upon, planned, organized, and executed, this
+political movement, and whether himself leading or co&ouml;perating or
+following in the array and march of events, his plan, his part, his
+service, were all for the cause, its prosperity, and its<span class='pagenum'><a name="Page_13" id="Page_13">[Pg 13]</a></span> success. To
+one who considers this career, not as completed and triumphant, not with
+the glories of power, and dignities, and fame which attended it, not
+with the blessings of a liberated race, a consolidated Union, an
+ennobled nationality which receive the plaudits of his countrymen, but
+as its hazards and renunciations, its toils and its perils, showed at
+the outset, in contrast with the ease and splendor of his personal
+fortunes which adhesion to the political power of slavery seemed to
+insure to him, and then contemplates the promptness of his choice and
+the steadfastness of his perseverance, the impulse and the action seem
+to find a parallel in the life of the great Hebrew statesman, who, "<i>by
+faith</i>, when he was come to years, refused to be called the son of
+Pharaoh's daughter," and "<i>by faith</i>, forsook Egypt, not fearing the
+wrath of the king."</p>
+
+<p>The first half of this period of twenty years witnessed only the
+preliminaries, equally brave and sagacious, of agitation, promulgation
+of purposes and opinions, consultations, conventions, and political
+organizations, more and more comprehensive and effective. All this time
+Mr. Chase was simply a citizen, and apparently could expect no political
+station or authority till it should come from the prosperous fortunes of
+the party he was striving to create. Suddenly, by a surprising
+conjunction of circumstances he was lifted, at one bound, to the highest
+and widest sphere of influence, upon the opinion of the country, which
+our political establishment presents&mdash;I mean the Senate of the United
+States. The elective body, the Legislature of Ohio, was filled in almost
+equal numbers with Whigs and Democrats, but a handful of Liberty party
+men held the control to prevent or determine a majority. They elected
+Mr. Chase. The concurrence is similar, in its main features, to the
+election of Mr. Sumner to the Senate, two years afterward, in
+Massachusetts. Much criticism of such results is always and necessarily
+excited. The true interpretation of such transactions is simply a
+transition state from old to new politics, wherein party names and
+present interests are unchanged, but opinions and projects and prospects
+are taking a new shape, and the old mint, all at once, astonishes
+everybody by striking a new image and superscription, soon to be stamped
+upon the whole coinage. The part of Mr. Chase in this election, as of
+Mr. Sumner in his own, was elevated<span class='pagenum'><a name="Page_14" id="Page_14">[Pg 14]</a></span> and without guile. His term in the
+Senate brought him to the year 1856, and was followed by two successive
+elections and four years' service as Governor of Ohio, and a re&euml;lection
+to the Senate. In these high stations he added public authority to his
+opinions and purposes, and gained for them wider and wider influence,
+while he discharged all general senatorial duties, and official
+functions as Governor, with benefit to the legislation of the nation and
+to the administration of the State.</p>
+
+<p>As the presidential election approached and the Republican party took
+the field with an assurance of assuming the administration of the
+Federal Government, and of meeting the weighty responsibility of the new
+political basis, the question of candidates absorbed the attention of
+the party, and attracted the interest of the whole country. When a new
+dynasty is to be enthroned, the <i>personality</i> of the ruler is an element
+of the first importance. In the general judgment of the country, and
+equally to the apprehension of the mass of his own party and of its
+rival, Mr. Seward stood as the natural candidate, and upon manifold
+considerations. His unquestioned abilities, his undoubted fidelity, his
+vast services and wide following in the party, presented an
+unprecedented combination of political strength to obtain the nomination
+and carry the election, and of adequate faculties and authority with the
+people for the prosperous administration of the presidential office.
+Second only to Mr. Seward, in this general judgment of his countrymen,
+stood Mr. Chase, with just enough of preference for him, in some
+quarters, over Mr. Seward, upon limited and special considerations, to
+encourage that darling expedient of our politics, a resort to a <i>third</i>
+candidate. This recourse was had, and Mr. Lincoln was nominated and
+elected.</p>
+
+<p>The disclosure of Mr. Lincoln to the eyes of his countrymen as a
+possible, probable, actual candidate for the presidency came upon them
+with the suddenness and surprise of a revelation. His advent to power as
+the ruler of a great people, in the supreme juncture of their affairs,
+to be the head of the state among its tried and trusted statesmen, to
+subordinate and co&ouml;rdinate the pride and ambition of leaders, the
+passions and interests of the masses, and to guide the destinies of a
+nation whose institutions were all framed for obedience to law and
+per<span class='pagenum'><a name="Page_15" id="Page_15">[Pg 15]</a></span>petual domestic peace, through rebellion, revolt, and civil war; and
+to the subversion of the very order of society of a vast territory and a
+vast population, finds no parallel in history; and was a puzzle to all
+the astrologers and soothsayers. It has been said of George III.&mdash;whose
+narrow intellect and obstinate temper so greatly helped on the rebellion
+of our ancestors to our independence&mdash;it has been said of George III.,
+that "it was his misfortune that, intended by nature to be a farmer,
+accident placed him on a throne." It was the happy fortune of the
+American people, that to the manifest advantages of freedom from
+jealousies of any rivals; and from commitment, by any record, to schemes
+or theories or sects or cabals, pursued by no hatreds, beguiled by no
+attachments, Mr. Lincoln added a vigorous, penetrating, and capacious
+intellect, and a noble, generous nature which filled his conduct of the
+Government, in small things and great, from beginning to end, "with
+malice to none and charity to all." These qualities were indispensable
+to the safety of the Government and to the prosperous issue of our civil
+war. In the great crisis of a nation struggling with rebellion, the
+presence or absence of these personal traits in a ruler may make the
+turning-point in the balance of its fate. Had Lincoln, in dealing with
+the administration of government during the late rebellion, insisted as
+George III. did, in his treatment of the American Revolution, upon "the
+right of employing as responsible advisers those only whom he personally
+liked, and who were ready to consult and execute his personal wishes,"
+had he excluded from his counsels great statesmen like Seward and Chase,
+as King George did Fox and Burke, who can measure the dishonor,
+disorder, and disaster into which our affairs might have fallen? Such
+narrow intelligence and perversity are as little consistent with the
+true working of administration under our Constitution as they were under
+the British Constitution, and as little consonant with the sound sense
+as they are with the generous spirit of our people.</p>
+
+<p>By the arrangement of his Cabinet, and his principal appointments for
+critical services, Mr. Lincoln showed at once that nature had fitted him
+for a ruler, and accident only had hid his earlier life in obscurity. I
+cannot hesitate to think that the presence of Mr. Seward and Mr. Chase
+in the great offices of State<span class='pagenum'><a name="Page_16" id="Page_16">[Pg 16]</a></span> and Treasury, and their faithful
+concurrence in the public service and the public repute of the
+President's conduct of the Government, gave to the people all the
+benefits which might have justly been expected from the election of
+either to be himself the head of the Government and much else besides. I
+know of no warrant in the qualities of human nature, to have hoped that
+either of these great political leaders would have made as good a
+minister under the administration of the other, as President, as both of
+them did under the administration of Mr. Lincoln. I see nothing in Mr.
+Lincoln's great qualities and great authority with this people, which
+could have commensurately served our need in any place, in the conduct
+of affairs, except at their head.</p>
+
+<p>The general importance, under a form of government where the confidence
+of the people is the breath of the life of executive authority, of
+filling the great offices of state with men who, besides possessing the
+requisite special faculties for their several departments and large
+general powers of mind for politics and policies, have also great repute
+with the party, and great credit with the country, was well understood
+by the President. He knew that the times needed, in the high places of
+government, men "who," in Bolingbroke's phrase, "had built about them
+the opinion of mankind which, fame after death, is superior strength and
+power in life."</p>
+
+<p>Of the great abilities which Mr. Chase, in his administration of the
+Treasury, exhibited through the three arduous years of that public
+service, no question has ever been made. The exactions of the place knew
+no limits. A people, wholly unaccustomed to the pressure of taxation,
+and with an absolute horror of a national debt, was to be rapidly
+subjected to the first without stint, and to be buried under a mountain
+of the last. Taxes which should support military operations on the
+largest scale, and yet not break the back of industry which alone could
+pay them; loans, in every form that financial skill could devise, and to
+the farthest verge of the public credit; and, finally, the extreme
+resort of governments under the last stress and necessity, of the
+subversion of the legal tender, by the substitution of what has been
+aptly and accurately called the "coined credit" of the Government for
+its coined money&mdash;all these exigencies and all these expedients made up
+the daily problems of the Secretary's<span class='pagenum'><a name="Page_17" id="Page_17">[Pg 17]</a></span> life. We may have some conception
+of the magnitude of these financial operations, by considering one of
+the subordinate contrivances required to give to the currency of the
+country the enormous volume and the ready circulation without which the
+tides of revenue and expenditure could not have maintained their flow. I
+refer to the transfer of the paper money of the country from the State
+to the national banks. This transaction, financially and politically,
+transcends in magnitude and difficulty, of itself alone, any single
+measure of administrative government found in our history, yet the
+conception, the plan, and the execution, under the conduct of Mr. Chase,
+took less time and raised less disturbance than it is the custom of our
+politics to accord to a change in our tariff or a modification of a
+commercial treaty. Another special instance of difficult and complicated
+administration was that of the renewal of the intercourse of trade, to
+follow closely the success of our arms, and subdue the interests of the
+recovered region to the requirements of the Government. But I cannot
+insist on details, where all was vast and surprising and prosperous. I
+hazard nothing in saying that the management of the finances of the
+civil war was the marvel of Europe and the admiration of our own people.
+For a great part of the wisdom, the courage, and the overwhelming force
+of will which carried us through the stress of this stormy sea, the
+country stands under deep obligations to Mr. Chase as its pilot through
+its fiscal perils and perplexities. Whether the genius of Hamilton,
+dealing with great difficulties and with small resources, transcended
+that of Chase, meeting the largest exigencies with great resources, is
+an unprofitable speculation. They stand together, in the judgment of
+their countrymen, the great financiers of our history.</p>
+
+<p>A somewhat persistent discrepancy of feeling and opinion between the
+President and the Secretary, in regard to an important office in the
+public service, induced Mr. Chase to resign his portfolio, and Mr.
+Lincoln to acquiesce in his desire. No doubt, it is not wholly fortunate
+in our Government that the distribution of patronage, a mixed question
+of party organization and public service, should so often harass and
+embarrass administration, even in difficult and dangerous times. Mr.
+Lincoln's ludicrous simile is an incomparable description of the<span class='pagenum'><a name="Page_18" id="Page_18">[Pg 18]</a></span> system
+as he found it. He said, at the outset of his administration, that "he
+was like a man letting rooms at one end of his house, while the other
+end was on fire." Some criticism of the Secretary's resignation and of
+the occasion of it, at the time, sought to impute to them consequences
+of personal acerbity between these eminent men, and the mischiefs of
+competing ambitions and discordant counsels for the public interests.
+But the appointment of Mr. Chase to the chief-justiceship of the United
+States silenced all this evil speech and evil surmise.</p>
+
+<p>There is no doubt that Mr. Chase greatly desired this office, its
+dignity and durability both considered, the greatest gratification, to
+personal desires, and the worthiest in public service, and in public
+esteem, that our political establishment affords. Fortunate, indeed, is
+he who, in the estimate of the profession of the law, and in the general
+judgment of his countrymen, combines the great natural powers, the
+disciplined faculties, the large learning, the larger wisdom, the firm
+temper, the amiable serenity, the stainless purity, the sagacious
+statesmanship, the penetrating insight, which make up the qualities that
+should preside at this high altar of justice, and dispense to this great
+people the final decrees of a government "not of men, but of laws." To
+whatever President it comes, as a function of his supreme authority, to
+assign this great duty to the worthiest, there is given an opportunity
+of immeasurable honor for his own name, and of vast benefits to his
+countrymen, outlasting his own brief authority, and perpetuating its
+remembrance in the permanent records of justice, "the main interest of
+all human society," so long as it holds sway among men. John Adams, from
+the Declaration of Independence down, and with the singular felicity of
+his line of personal descendants, has many titles to renown, but by no
+act of his life has he done more to maintain the constituted liberties
+which he joined in declaring, or to confirm his own fame, than by giving
+to the United States the great Chief-Justice Marshall, to be to us,
+forever, through every storm that shall beset our ship of state&mdash;</p>
+
+<p>
+<span style="margin-left: 1em;">"Like a great sea-mark, standing every flaw,</span><br />
+<span style="margin-left: 2em;">And saving them that eye it."</span><br />
+</p>
+
+<p>In this disposition, Mr. Lincoln appointed Mr. Chase to the<span class='pagenum'><a name="Page_19" id="Page_19">[Pg 19]</a></span> vacant
+seat, and the general voice recognized the great fitness of the
+selection.</p>
+
+<p>I may be permitted to borrow from the well-considered and sober words of
+an eminent judge, the senior Associate on the bench of the Supreme
+Court&mdash;words that will carry weight with the country which mine could
+not&mdash;a judicial estimate of this selection. Mr. Justice Clifford says:
+"Appointed, as it were, by common consent, he seated himself easily and
+naturally in the chair of justice, and gracefully answered every demand
+upon the station, whether it had respect to the dignity of the office,
+or to the elevation of the individual character of the incumbent, or to
+his firmness, purity, or vigor of mind. From the first moment he drew
+the judicial robes around him he viewed all questions submitted to him
+as a judge in the calm atmosphere of the bench, and with the deliberate
+consideration of one who feels that he is determining issues for the
+remote and unknown future of a great people."</p>
+
+<p><i>Magistratus ostendit virum</i>&mdash;the magistracy shows out the man. A great
+office, by its great requirements and great opportunities, calls out and
+displays the great powers and rare qualities which, presumably, have
+raised the man to the place. Let us consider this last public service
+and last great station, as they exhibit Mr. Chase to a candid estimate.</p>
+
+<p>And, first, I notice the conspicuous fitness for judicial service of the
+mental and moral constitution of the man. All through the heady contests
+of the vehement politics of his times, his share in them had embodied
+decision, moderation, serenity, and inflexible submission to reason as
+the master and ruler of all controversies. Force, fraud, cunning, and
+all lubric arts and artifices, even the beguilements of rhetoric, found
+no favor with him, as modes of warfare or means of victory. So far,
+then, from needing to lay down any weapons, or disuse any methods in
+which he was practised, or learn or assume new habits of mind or strange
+modes of reasoning, Mr. Chase, in the working of his intellect and the
+frame of his spirit, was always judicial.</p>
+
+<p>It was not less fortunate for the prompt authority of his new station,
+so dependent upon the opinion of the country, that his credit for great
+abilities and capacity for large responsibilities was already
+established. Great repute, as well as essen<span class='pagenum'><a name="Page_20" id="Page_20">[Pg 20]</a></span>tial character, is justly
+demanded for all elevated public stations, and especially for judicial
+office, whose prosperous service, in capital junctures, turns mainly on
+moral power with the community at large.</p>
+
+<p>Both these preparations easily furnished the Chief-Justice with the
+requisite aptitude for the three relations, of prime importance, upon
+which his adequacy must finally be tested; I mean, his relation to the
+court as its presiding head, his relation to the profession as masters
+of the reason and debate over which the court is the arbiter, and his
+relation to the people and the State in the exercise of the critical
+constitutional duties of the court, as a co&ouml;rdinate department of the
+Government.</p>
+
+<p>In a numerous court, that the Chief-Justice should have a prevalent and
+gracious authority, as first among equals, to adjust, arrange, and
+facilitate the co&ouml;perative working of its members, will not be doubted.
+For more than sixty years, at least, this court had felt this
+authority&mdash;<i>potens et lenis dominatio</i>&mdash;in the presence of the two
+celebrated Chief-Justices who filled out this long service. Their great
+experience and great age had supported, and general conformity of
+political feeling, if not opinion, on the bench, had assisted, this
+relation of the Chief-Justice to the court.</p>
+
+<p>When Mr. Chase was called to this station, he found the bench filled
+with men of mark and credit, and his accession made an exactly equal
+division of the court between the creations of the old and of the new
+politics. In these circumstances the proper maintenance of the
+traditional relation of the Chief-Justice to the court was of much
+importance to its unbroken authority with the public. That it was so
+maintained was apparent to observation, and Mr. Justice Clifford,
+speaking for the court, has shown it in a most amiable light:</p>
+
+<p>"Throughout his judicial career he always maintained that dignity of
+carriage and that calm, noble, and unostentatious presence that
+uniformly characterized his manners and deportment in the social circle;
+and, in his intercourse with his brethren, his suggestions were always
+couched in friendly terms, and were never marred by severity or
+harshness."</p>
+
+<p>As for the judgment of the bar of the country, while it gave its full
+assent to the appointment of Mr. Chase, as an elevated<span class='pagenum'><a name="Page_21" id="Page_21">[Pg 21]</a></span> and wise
+selection by the President, upon the general and public grounds which
+should always control, there was some hesitancy, on the part of the
+lawyers, as to the completeness of Mr. Chase's professional training,
+and the special aptitude of his intellect to thread the tangled mazes of
+affairs which form the body of private litigations. The doubt was
+neither unkind nor unnatural, and it was readily and gladly resolved
+under the patient and laborious application, and the accurate and
+discriminating investigation, with which the Chief-Justice handled the
+diversified subjects, and the manifold complexities, which were brought
+into judgment before him. In fact, the original dubitation had
+overlooked the earlier distinction of Mr. Chase at the bar in some most
+important forensic efforts, and had erred in comparing, for their
+estimate, Mr. Chase entering upon judicial employments, with his
+celebrated predecessors, as they showed themselves at the close, not at
+the outset, of their long judicial service. I feel no fear of dissent
+from the profession in saying that those who practised in the Circuit or
+in the Supreme Court while he presided, as well as the larger and
+widely-diffused body of lawyers who give competent and responsible study
+to the reports, recognize the force of his reason, the clearness of his
+perceptions, the candor of his opinions, and the lucid rhetoric of his
+judgments, as assuring his rank with the eminent judges of our own and
+the mother-country.</p>
+
+<p>But, in the most imposing part of the jurisdiction and jurisprudence of
+the court; in its dominion over all that belongs to the law of nations,
+whether occupied with the weighty questions of peace and war, and the
+multitudinous disturbances of public and private law which follow the
+change from one to the other; or with the complications of foreign
+intercourse and commerce with all the world, which the genius of our
+people is constantly expanding; in its control, also, of the lesser
+public law of our political system, by which we are a nation of
+republics, where the bounds of State and Federal authority need constant
+exploration, and require accurate and circumspect adjustment; in its
+final arbitrament on all conflicts and encroachments by which the great
+co&ouml;rdinate departments of the Government are to be confined to their
+appropriate spheres; in that delicate and superb supremacy of judicial
+reason whereby the Constitution confides<span class='pagenum'><a name="Page_22" id="Page_22">[Pg 22]</a></span> to the deliberations of this
+court the determination, even, of the legality of legislation, and
+trusts it, nevertheless, to abstain itself from law-making&mdash;in all these
+transcendent functions of the tribunal the preparation and the adequacy
+of the Chief-Justice were unquestioned.</p>
+
+<p>Accordingly, we find in the few years of his service, before his decline
+in health, in the crowd of causes bred by the civil war, which pressed
+the court with novel embarrassments, and loaded it with unprecedented
+labors, that the Chief-Justice gave conspicuous evidence, in repeated
+instances, of that union of the faculties of a lawyer and a statesman,
+which alone can satisfy the exactions of this highest jurisdiction,
+unequaled and unexampled in any judicature in the world. To name these
+conspicuous causes merely, without unfolding them, would carry no
+impression; and time fails for any demonstrative criticism upon them.</p>
+
+<p>There are two passages in the judicial service of Mr. Chase which,
+attracting great attention and exciting some difference of opinion at
+the time of the transactions, invite a brief consideration at your
+hands.</p>
+
+<p>The first political impeachment in our constitutional history,
+involving, as it did, the accusation of the President of the United
+States, required the Chief-Justice to preside at the trial before the
+Senate, creating thus the tribunal to which the Constitution had
+assigned this high jurisdiction. Beyond the injunction that the Senate,
+when sitting for the trial of impeachments, should be "on oath,"
+the Constitution gave no instruction to fix or ascertain the
+character of the procedure, the nature of the duty assigned to the
+specially-organized court, or the distribution of authority between the
+Chief-Justice and the Senate. The situation lacked no feature of
+gravity&mdash;no circumstance of solicitude&mdash;and the attention of the whole
+country, and of foreign nations, watched the transaction at every stage
+of its progress. No circumstances could present a greater disparity of
+political or popular forces between accuser and accused, and none could
+be imagined of more thorough commitment of the body of the court&mdash;the
+Senate&mdash;both in the interests of its members, in their political
+feeling, and their pre-judgments; all tending to make the condemnation
+of the President, upon all superficial<span class='pagenum'><a name="Page_23" id="Page_23">[Pg 23]</a></span> calculations, inevitable. The
+effort of the Constitution to guard against mere partisan judgment, by
+requiring a two-third vote to convict, was paralyzed by the complexion
+of the Senate, showing more than four-fifths of that body of the party
+which had instituted the impeachment and was demanding conviction. To
+this party, as well, the Chief-Justice belonged, as a founder, a leader,
+a recipient of its honors, and a lover of its prosperity and its fame.
+The President, raised to the office from that of Vice-President&mdash;to
+which alone he had been elected&mdash;by the deplored event of Mr. Lincoln's
+assassination, was absolutely without a party, in the Senate or in the
+country; for the party whose suffrages he had received for the
+vice-presidency was the hostile force in his impeachment. And, to bring
+the matter to the worst, the succession to all the executive power and
+patronage of the Government, in case of conviction, was to fall into the
+administration of the President of the Senate&mdash;the creature, thus, of
+the very court invested with the duty of trial and the power of
+conviction.</p>
+
+<p>Against all these immense influences, confirmed and inflamed by a storm
+of party violence, beating against the Senate-house without abatement
+through the trial, the President was acquitted. To what wise or
+fortunate protection of the stability of government does the people of
+this country owe its escape from this great peril? Solely, I cannot
+hesitate to think, to the potency&mdash;with a justice-loving, law-respecting
+people&mdash;of the few decisive words of the Constitution which, to the
+common apprehension, had impressed upon the transaction the solemn
+character of trial and conviction, under the sanction of the oath to
+bind the conscience, and not of the mere exercise of power, of which its
+will should be its reason. In short, the Constitution had made the
+procedure <i>judicial</i>, and not <i>political</i>. It was this sacred
+interposition that stayed this plague of political resentments which,
+with their less sober and intelligent populations, have thwarted so many
+struggles for free government and equal institutions.</p>
+
+<p>Over this scene, through all its long agitations, the Chief-Justice
+presided, with firmness and prudence, with circumspect comprehension,
+and sagacious forecast of the vast consequences which hung, not upon the
+result of the trial as affecting any per<span class='pagenum'><a name="Page_24" id="Page_24">[Pg 24]</a></span>sonal fortunes of the
+President, but upon the maintenance of its character as a trial&mdash;upon
+the prevalence of law, and the supremacy of justice, in its methods of
+procedure, in the grounds and reasons of its conclusion. That his
+authority was greatly influential in fixing the true constitutional
+relations of the Chief-Justice to the Senate, and establishing a
+precedent of procedure not easily to be subverted; that it was felt,
+throughout the trial, with persuasive force, in the maintenance of the
+judicial nature of the transaction; and that it never went a step beyond
+the office which belonged to him&mdash;of presiding over the Senate trying an
+impeachment&mdash;is not to be doubted.</p>
+
+<p>The President was acquitted. The disappointment of the political
+calculations which had been made upon, what was felt by the partisans of
+impeachment to be, an assured result, was unbounded; and resentments,
+rash and unreasoning, were visited upon the Chief-Justice, who had
+influenced the Senate to be judicial, and had not himself been
+political. No doubt, this impeachment trial permanently affected the
+disposition of the leading managers of the Republican party toward the
+Chief-Justice, and his attitude thereafter toward that party, in his
+character of a citizen. But the people of the country never assumed any
+share of the resentment of party feeling. The charge against him, if it
+had any shape or substance, came only to this: that the Chief-Justice
+brought into the Senate, under his judicial robes, no concealed weapons
+of party warfare, and that he had not plucked from the Bible, on which
+he took and administered the judicial oath, the commandment for its
+observance.</p>
+
+<p>Not long after Mr. Chase's accession to the bench there came before the
+court a question, in substance and in form, as grave and difficult as
+any that its transcendent jurisdiction over the validity of the
+legislation of Congress, has ever presented, or, in any forecast we can
+make of the future, will ever present for its judgment; I mean the
+constitutionality of that feature and quality of the issues of United
+States notes during the war, which made them a legal tender for the
+satisfaction of private debts. This measure was one of the great
+administrative expedients for marshaling the wealth of the country, as
+rapidly, as equally, and as healthfully, to the energies of production
+and industry, as might be, and so as seasonably to meet the
+immeas<span class='pagenum'><a name="Page_25" id="Page_25">[Pg 25]</a></span>urable demands of the public service, in the stress of the war.
+That it was debated and adopted, with full cognizance of its critical
+character, and with extreme solicitude that all its bearings should be
+thoroughly explored, and upon the same peremptory considerations, upon
+which the master of a ship cuts away a mast or jettisons cargo, or the
+surgeon amputates a limb, was a matter of history. Mr. Chase, as
+Secretary of the Treasury, with a reluctance and repugnance which
+enhanced the weight of his counsels, approved the measure, as one of
+necessity for the fiscal operations of the Government, which knew no
+other seasonable or adequate recourse. Upon this imposing and
+authoritative advice of the financial minister, the legal-tender trait
+of the paper issues of the Government was adopted by Congress, and
+without his sanction, presumptively, it would have been denied.</p>
+
+<p>And now, when, after repeated argument at the bar, and long
+deliberations of the court, the decision was announced, the determining
+opinion of the Chief-Justice, in an equal division of the six associate
+justices, pronounced the legal-tender acts unconstitutional, as not
+within the discretion of the political departments of the Government,
+Congress, and the Executive, to determine this very question of the
+necessity of the juncture, as justifying their enactment.</p>
+
+<p>The singularity of the situation struck everybody, and greatly divided
+public sentiment between applause and reproaches of the Chief-Justice,
+as the principal figure both in the administrative measure and in its
+judicial condemnation. But soon, a new phase of the unsettled agitation
+on the merits of the constitutional question, drew public attention, and
+created even greater excitement of feeling and diversity of sentiment.
+The court, which had been reduced by Congress under particular and
+temporary motives, hostile to the appointing power of President Johnson,
+had been again opened by Congress to its permanent number, and its
+vacancies had been filled. A new case, involving the vexed question, was
+heard by the court, and the validity of the disputed laws was sustained
+by its judgment. The signal spectacle of the court, which had judged
+over Congress and the Secretary, now judging over itself, gave rise to
+much satire on one side and the other, and to some coarseness of
+contumely as<span class='pagenum'><a name="Page_26" id="Page_26">[Pg 26]</a></span> to the motives and the means of these eventful mutations
+in matters, where stability and uniformity are, confessedly, of the
+highest value to the public interests, and to the dignity of government.</p>
+
+<p>Confessing to a firm approval of the final disposition of the
+constitutional question by the court, I concede it to be a subject of
+thorough regret that the just result was not reached by less uncertain
+steps. But, with this my adverse attitude to the Chief-Justice's
+judicial position on the question, I find no difficulty in discarding
+all suggestions which would mix up political calculations with his
+judicial action. The error of the Chief-Justice, if, under the last
+judgment of the court, we may venture so to consider it, was in
+following his strong sense of the supreme importance of restoring the
+integrity of the currency, and his impatience and despair at the
+feebleness of the political departments of the Government in that
+direction, to the point of concluding that the final wisdom of this
+great question&mdash;<i>inter apices juris</i>, as well as of the highest reasons
+of state&mdash;was to deny to the brief exigency of war, what was so
+dangerous to the permanent necessities of peace. But a larger reason and
+a wider prudence, as it would seem, favor the prevailing judgment, which
+refused to cripple the permanent faculties of government for the
+unforeseen duties of the future, and drew back the court from the
+perilous edge of <i>law-making</i>, which, overpassed, must react to cripple,
+in turn, the essential judicial power. The past, thus, was not
+discredited, nor the future disabled.</p>
+
+<p>I have now carried your attention to the round of public service which
+filled the life of Mr. Chase with activity and usefulness, and yet the
+survey and the lesson are incomplete without some reference to a station
+he never attained, to an office he never administered; I mean, to be
+sure, the presidency. It is of the nature of this great place of power
+and trust, and the necessity of the method by which alone it can be
+reached, to present to the ambition and public spirit of political
+leaders, and to the honest hopes and enthusiasm of the great body of the
+people, an equally frequent disappointment. This is not the place to
+insist upon the reasons of this unquestionable mischief, nor to attempt
+to point out the escape from them, if indeed the problem be not, in
+itself, too hard for solution. To<span class='pagenum'><a name="Page_27" id="Page_27">[Pg 27]</a></span> Mr. Chase, as to all the great
+leaders of opinion in the present and perhaps the last generation of our
+public men, this disappointment came, and in his case, as in theirs,
+brought with it the defeat of the hopes and desires of a large following
+of his countrymen, who sought, through his accession to the presidency,
+the elevation of the Government, and the welfare of the people.</p>
+
+<p>That the range and dignity of Mr. Chase's public employments and the
+large capacity, absolute probity, and unbounded energy which he had
+shown in them, justified his aspiration to the presidency, and the
+public calculations of great benefit from his accession to it, may not
+be doubted. In this state of things it is obvious, that he would
+necessarily be greatly in the minds of men, as a candidate for the
+candidacy, and this, too, whether they favored or opposed it, without
+any implication of undue activity of desire, much less of effort, on his
+part, to obtain the nomination. But, it was not in the fortunes of Mr.
+Chase's life to take the flood of any tide, in the restless sea of our
+politics, which led on to the presidency. In 1860 there was no principle
+and no policy of the Republican party which could tolerate the
+postponement of Mr. Seward to Mr. Chase, if a political leader was to be
+put in nomination. In 1864 the paramount considerations of absolute
+supremacy, which dictated the re&euml;lection of Mr. Lincoln, would endure no
+competition of candidates in the Republican party. In 1868, when each
+party seemed, in an unusual degree, free to seek and find its candidates
+where it would, Mr. Chase was Chief-Justice, and no issue of the public
+safety existed, which alone, in the settled convictions of this people,
+would favor a political canvass by the head of the judiciary.</p>
+
+<p>In a just view of the office of President, as framed in the
+Constitution, which he only, in the whole establishment of the
+Government, is sworn "to preserve, protect, and defend," and of the
+rightful demands of this people from its supreme magistracy, I am sure
+most people will agree that Mr. Chase possessed great qualities for the
+discharge of its high duties, and for the maintenance of good government
+in difficult times. These qualifications I have already unfolded from
+his life. If, indeed, the great hold over the Government, which the
+Constitution secures to the people by the election of the Presi<span class='pagenum'><a name="Page_28" id="Page_28">[Pg 28]</a></span>dent,
+and his direct and constant responsibility to popular opinion, and the
+full powers, thus safely confided to him, in the name and as the trust
+of the people at large&mdash;if this hold is to be exercised and preserved in
+its appropriate vigor, it can only be by the election to the presidency
+of true leaders of the political opinion of the country. In this way
+alone can power and responsibility be kept in union; and any nation
+which, in the working of its government, sees them divorced&mdash;sees power
+without responsibility, and responsibility without power&mdash;must expect
+dishonor and disaster in its affairs.</p>
+
+<p>I have, thus, with such success as may be, undertaken to separate the
+thread of this individual character and action from that woven tapestry
+of human life, whose conciliated colors and collective force make up one
+of the noblest chapters of history. I have attempted to present in
+prominent points, passing <i>per fastigia rerum</i>, the worth, the work, the
+duty, and the honor which fill out "the sustained dignity of this
+stately life." From his boyhood on the banks of this fair river&mdash;famous
+as having given birth and nurture to three Chief-Justices of the United
+States, Ellsworth, Chase, and Waite; through his first lessons in the
+humanities in beautiful Windsor, his fuller instruction in the lap of
+this gracious mother, his loved and venerated Dartmouth; through his
+lessons in law and in eloquence at the feet of his great master, Wirt,
+his study of statesmen and government at the capital; through, his
+faithful service to the law, that jealous mistress, and his generous
+advocacy of the rights, and resentment of the wrongs, of the unfriended
+and the undefended; through his season of stormy politics with its
+"estuations of joys and fears;" through the crush and crowd of labors
+and solicitudes which beset him as minister of finance in the tensions
+and perils of war; through all this steep ascent to the serene height of
+supreme jurisprudence, this life, but a span in years, was enough for
+the permanent service of his country, and for the assurance of his fame.
+"<i>Etenim, Quirites, exiguum nobis vit&aelig; curriculum natura circumscripsit,
+immensum glori&aelig;.</i>"</p>
+
+<p>If I should attempt to compare Mr. Chase, either in resemblance or
+contrast, with the great names in our public life, of our own times, and
+in our previous history, I should be inclined to class him, in the
+solidity of his faculties, the firmness of his<span class='pagenum'><a name="Page_29" id="Page_29">[Pg 29]</a></span> will, and in the
+moderation of his temper, and in the quality of his public services,
+with that remarkable school of statesmen, who, through the Revolutionary
+War, wrought out the independence of their country, which they had
+declared, and framed the Constitution, by which the new liberties were
+consolidated and their perpetuity insured. Should I point more
+distinctly at individual characters, whose traits he most recalls,
+Ellsworth as a lawyer and judge, and Madison as a statesman, would seem
+not only the most like, but very like, Mr. Chase. In the groups of his
+cotemporaries in public affairs, Mr. Chase is always named with the most
+eminent. In every triumvirate of conspicuous activity he would be
+naturally associated. Thus, in the preliminary agitations which prepared
+the triumphant politics, it is Chase and Sumner and Hale; in the
+competition for the presidency when the party expected to carry it, it
+is Seward and Lincoln and Chase; in administration, it is Stanton and
+Seward and Chase; in the Senate, it is Chase and Seward and Sumner. All
+these are newly dead, and we accord them a common homage of admiration
+and of gratitude, not yet to be adjusted or weighed out to each.</p>
+
+<p>Just a quarter of a century before Mr. Chase left these halls of
+learning, the college sent out another scholar of her discipline, with
+the same general traits of birth, and condition, and attendant
+influences, which we have noted as the basis of the power and influence
+of this later son of Dartmouth. He played a famous part in his time as
+lawyer, senator, and minister of state, in all the greatest affairs, and
+in all the highest spheres of public action; and to his eloquence his
+countrymen paid the singular homage, with which the Greeks crowned that
+of Pericles, who alone was called Olympian for his grandeur and his
+power. He died with the turning tide from the old statesmanship to the
+new, then opening, now closed, in which Mr. Chase and his cotemporaries
+have done their work and made their fame. Twenty-one years ago this
+venerable college, careful of the memory of one who had so greatly
+served as well as honored her, heard from the lips of Choate the praise
+of Webster. What lover of the college, what admirer of genius and
+eloquence, can forget the pathetic and splendid tribute which the
+consummate orator paid to the mighty fame of the great statesman?<span class='pagenum'><a name="Page_30" id="Page_30">[Pg 30]</a></span> What
+mattered it to him, or to the college, that, for the moment, this fame
+was checked and clouded, in the divided judgments of his countrymen, by
+the rising storms of the approaching struggle? But, instructed by the
+experience of the vanquished rebellion, none are now so dull as not to
+see that the consolidation of the Union, the demonstration of the true
+doctrine of the Constitution, the solicitous observance of every
+obligation of the compact, were the great preparations for the final
+issue of American politics between freedom and slavery.</p>
+
+<p>To these preparations the life-work of Webster and his associates was
+devoted; their completeness and adequacy have been demonstrated; the
+force and magnitude of the explosion have justified all their
+solicitudes lest it should burst the cohesions of our unity. The general
+sense of our countrymen now understands that the statesmen who did the
+most to secure the common government for slavery and freedom under the
+frame of the Constitution, and who in the next generations did the most
+to strengthen the bonds of the Union, and to avert the last test till
+that strength was assured; and, in our own latest times, did the most to
+make the contest at last become seasonable and safe, thorough and
+unyielding and unconditional, have all wrought out the great problem of
+our statesmanship, which was to assure to us "Liberty and Union, now and
+forever, one and inseparable." They all deserve, as they shall all
+receive, each for his share, the gratitude of their countrymen, and the
+applause of the world.</p>
+
+<p>To the advancing generations of youth that Dartmouth shall continue to
+train for the service of the republic, and the good of mankind, the
+lesson of the life we commemorate, to-day, is neither obscure nor
+uncertain. The toils and honors of the past generations have not
+exhausted the occasions nor the duties of our public life, and the
+preparation for them, whatever else it may include, can never omit the
+essential qualities which have always marked every prosperous and
+elevated career. These are energy, labor, truth, courage, and faith.
+These make up that ultimate WISDOM to which the moral constitution of
+the world assures a triumph.&mdash;"Wisdom is the principal thing; she shall
+bring thee to honor; she shall give to thy head an ornament of grace; a
+crown of glory shall she deliver to thee."<span class='pagenum'><a name="Page_31" id="Page_31">[Pg 31]</a></span> <span class='pagenum'><a name="Page_32" id="Page_32">[Pg 32]</a></span></p>
+
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
+End of Project Gutenberg's Eulogy on Chief-Justice Chase, by William M. Evarts
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+Project Gutenberg's Eulogy on Chief-Justice Chase, by William M. Evarts
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Eulogy on Chief-Justice Chase
+       Delivered by William M. Evarts before the Alumni of
+       Dartmouth College, at Hanover
+
+Author: William M. Evarts
+
+Release Date: September 3, 2006 [EBook #19165]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK EULOGY ON CHIEF-JUSTICE CHASE ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+http://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+
+
+
+
+
+
+
+  EULOGY
+
+  ON
+
+  CHIEF-JUSTICE CHASE,
+
+
+  DELIVERED BY
+
+  WILLIAM M. EVARTS,
+
+
+  BEFORE THE
+
+  ALUMNI OF DARTMOUTH COLLEGE, AT HANOVER, JUNE 24, 1874.
+
+
+  NEW YORK:
+  D. APPLETON AND COMPANY,
+  549 AND 551 BROADWAY.
+  1874.
+
+  ENTERED, according to Act of Congress, in the year 1874, by
+  D. APPLETON & CO.,
+  In the office of the Librarian of Congress, at Washington.
+
+
+
+
+  EULOGY
+
+  ON
+
+  CHIEF-JUSTICE CHASE.
+
+
+
+
+MR. PRESIDENT AND GENTLEMEN, THE ALUMNI OF DARTMOUTH COLLEGE: When, not
+many weeks since, the committee of your association did me the honor to
+invite me to present, in an address to the assembled graduates of the
+college, a commemoration of the life, the labors, and the fame of the
+very eminent man and greatly honored scholar of your discipline, lawyer,
+orator, senator, minister, magistrate, whom living a whole nation
+admired and revered, whom dead a whole nation laments, I felt that
+neither a just sense of public duty nor the obligations of personal
+affection would permit me to decline the task. Yielding, perhaps too
+readily, to the persuasions of your committee that somewhat close
+professional and public association with the Chief-Justice in the later
+years of his life, and the intimate enjoyment of his personal
+friendship, might excuse my want of that binding tie of fellowship in a
+commemoration, in which the venerated college does dutiful honor to a
+son, and the assembled alumni crown with their affection the memory of a
+brother, I dismissed also, upon the same persuasion, all anxious
+solicitudes, which otherwise would have oppressed me, lest importunate
+and inextricable preoccupations of time and mind should disable me from
+presenting as considerable, and as considerate, a survey of the eminent
+character and celebrated career of Mr. Chase as should comport with
+them, or satisfy the just exigencies of the occasion.
+
+The commemoration which brings us together has about it nothing
+funereal, in sentiment or observance, to darken our minds or sadden our
+hearts to-day. The solemn rites of sepulture, the sobbings of sorrowing
+affection, the homage of public grief, the concourse of the great
+officers of state, the assemblage of venerable judges, the processions
+of the bar, of the clergy, of liberal and learned men, the attendant
+crowds of citizens of every social rank and station, both in the great
+city where he died, and at the national capital, have already graced his
+burial with all imaginable dignity and unmeasured reverence. To prolong
+or renew this pious office is no part of our duty to-day. Nor is the
+maturity or nurture which the college gives to those it calls its sons,
+bestowed as it is upon their mind and character, affected by the death
+of the body as is the heart of the natural mother; nor are you, his
+brethren in this foster care of the spirit, bowed with the same sense of
+bereavement as are natural kindred. The filial and fraternal relation
+which he bore to you, the college and the alumni, is hardly broken by
+his death, nor is he hidden from you by his burial. His completed
+natural life is but the assurance and perpetuation of the power, the
+fame, the example, which the discipline and culture here bestowed had
+for their object, and in which they find their continuing and
+ever-increasing glory. The energy here engendered has not ceased its
+beneficent activity, the torch here lighted still diffuses its
+illumination, and the fires here kindled still radiate their heat.
+
+Not less certain is it that the spirit of this commemoration imposes no
+task of vindication or defense, and tolerates no tone of adulation or
+applause. The tenor of this life, the manifestation of this character,
+was open and public, before the eyes of all men, upon an eminent stage
+of action, displayed constantly on the high places of the world. No
+faculty that Mr. Chase possessed, no preparation of mind or of spirit,
+for great undertakings or for notable achievements, ever failed of
+exercise or exhibition for want of opportunity, or, being exercised or
+exhibited, missed commensurate recognition or responsive plaudits from
+his countrymen. His career shows no step backward, the places he filled
+were all of the highest, the services he rendered were the most
+difficult as well as the most eminent. If, as the preacher proclaims,
+"time and chance happeneth to all," the times in which Mr. Chase lived
+permitted the widest scope to great abilities and the noblest forms of
+public service; and the fortunes of his life show the felicity of the
+occasions which befell him to draw out these abilities, and to receive
+these services. Not less complete was the round of public honors which
+crowned his public labors, and we have no occasion, here, to lament any
+shortcomings of prosperity or favor, or repeat the authentic judgment
+which the voices of his countrymen have pronounced upon his fame.
+
+The simple office, then, which seems to me marked out for one who
+assumes this deputed service in the name of the college and for the
+friends of good learning, is, in so far as the just limits of time and
+circumstance will permit, to expose the main features of this celebrated
+life, "to decipher the man and his nature," to connect the true elements
+of his character and the moulding force of his education with the work
+he did, with the influence he wielded in life, with the power of the
+example which lives after him, and always to have in view, as the most
+fruitful uses of the hour, his relations to the men and events of his
+times, and, not less, his true place in history among the lawyers,
+orators, statesmen, magistrates of the land. _Vera non verba_ is our
+maxim to-day; truth, not words, must mark the tribute the college pays
+to the sober dignity and solid worth of its distinguished son.
+
+Born of a lineage, which on the father's side dates its American descent
+from the Puritan emigration of 1640, and on the mother's, finds her the
+first of that stock native to this country, the son of these parents
+took no contrariety of traits from the union of the blood of the English
+Puritans and the Scotch Covenanters, but rather harmonious corroboration
+of the characteristics of both. These, sturdy enough in either, combined
+in this descendant to produce as independent and resolute a nature for
+the conflicts and labors of his day, as any experience of trial or
+triumph, of proscription or persecution suffered or resisted, had
+required or supplied in the long history of the contests of these two
+congenial races with priests and potentates, with principalities and
+powers. Nothing could be less consonant with a just estimate of the
+strong traits of this lineage, than which neither Hebrew, nor Grecian,
+nor Roman nurture has wrought for its heroes either a firmer fibre or a
+nobler virtue, than to ascribe its chief power to enthusiasm or
+fanaticism. Plain, sober, practical men and women as they were, there
+was no hard detail of every-day life that they were not equal to, no
+patient and cheerless sacrifice they could not endure, no vicissitude of
+adverse or prosperous fortune which they could not meet with unchecked
+serenity. If it be enthusiasm that in them the fear of God had cast out
+the fear of man, or fanaticism that they placed "things that are
+spiritually discerned" above the vain shows of the world of sense, in so
+far they were enthusiasts and fanatics. In every stern conflict, in
+every vast labor, in every intellectual and moral development of which
+this country has been the scene, without fainting or weariness they have
+borne their part, and in the conclusive triumph of the principles of the
+Puritans and their policies over all discordant, all opposing elements,
+which enter into the wide comprehension of American nationality, theirs
+be the praise which belongs to such well-doing.
+
+The son of a farmer--a man of substance, and of credit with his
+neighbors, and not less with the people of his State--young Chase drew
+from his boyhood the vigor of body and of mind which rural life and
+labors are well calculated to nourish. Several of his father's brothers
+were graduates of this college, and reached high positions in Church and
+State. An unpropitious turn of the commercial affairs of the country
+nipped, with its frost, the growing prosperity of his father, whose
+death, soon following, left him, in tender years, and as one of a
+numerous family, to the sole care of his mother. With most scanty means,
+her thrift and energy sufficed to save her children from ignorance or
+declining manners; maintained their self-respect and independence; set
+them forth in the world well disciplined, stocked with good principles,
+and inspired with proud and honorable purposes. To the praise of this
+excellent woman, wherever the name of her great son shall be proclaimed,
+this, too, shall be told in remembrance of her: that a Christian's
+faith, and a mother's love, as high and pure as ever ennobled the most
+famous matrons of history, stamped the character and furnished the
+education which equipped him for the labors and the triumphs of his
+life. One cannot read her letters to her son in college without the
+deepest emotion. How many such women were there, in the plain ranks of
+New England life, in her generation! How many are there now! Paying
+marvelous little heed to the discussion of women's rights, they show a
+wonderful addiction to the performance of women's duties.
+
+His uncle, Bishop Chase of Ohio, assumed, for a time, the care and
+expense of his education, and this drew him to the West, where, under
+this tutelage, he pursued academic studies for two years. At the end of
+this time he returned to his mother's charge, entered the junior class
+of Dartmouth College, and graduated in the year 1826, at the age of
+eighteen. The only significance, in its impression on his future life,
+of this brief guardianship of the Western Bishop, was as the determining
+influence which fixed the chief city of the West in his choice as the
+forum and arena of his professional and public life. After spending four
+years in Washington, gaining his subsistence by teaching, a law-student
+with Mr. Wirt--then at the zenith of his faculties and his
+fame--studying men and manners at the capital, watching the new
+questions then shaping themselves for political action, observing the
+celebrated statesmen of the day, conversant with the great Chief-Justice
+Marshall and his learned associates on the bench of the Supreme Court,
+and with Webster, and Binney, and other famous lawyers at its bar, he
+was admitted to practice, and, at the age of twenty-two, established
+himself at Cincinnati, transferring thus, once and forever, his home
+from the New England of his family, his birth, his education, and his
+love, to the ruder but equally strenuous and more expansive society of
+the West.
+
+While yet of tender years, following up the earlier pious instruction of
+his mother, and his own profound sense of religious obligations under
+the inculcation of the Bishop, he accepted the Episcopal Church as the
+body of Christian believers in whose communion he found the best support
+for the religious life he proposed to himself. When he left your college
+he had not wholly relinquished a purpose, once held, of adopting the
+clerical profession. His adhesion to the Christian faith was simple and
+constant and sincere, and he accepted it as the master and rule of his
+life, in devout confidence in the moral government of the world, as a
+present and real supremacy over the race of man and all human affairs.
+He was all his life a great student of the Scriptures, and no modern
+speculations ever shook the solid reasons of his belief. When he entered
+the city of Washington, fresh from college, "the earnest prayer of his
+heart was, that God would give him work to do, and success in doing it."
+When he was laying out the plans of professional life, on his first
+establishment at Cincinnati, his invocation was, "May God enable me to
+be content with the consciousness of faithfully discharging all my
+duties, and deliver me from a too eager thirst for the applause and
+favor of men." All through the successive and manifold activities of his
+busy and strenuous life, when, to outward seeming, they were all worldly
+and personal, the same predominant sense of duty and religious
+responsibility animated and solemnized the whole.
+
+At this point in his life we may draw the line between the period of
+education for the work he had before him and that work itself. What Mr.
+Chase was, at this time, in all the essential traits of his moral and
+intellectual character--in his views of life, its value, its just
+objects and aims, its social, moral, and religious responsibilities; in
+his views of himself, his duties, obligations, prospects, and
+possibilities; in his determinations and desires--such, it seems to me
+from the most attentive study of all these points--such, in a very
+marked degree, he continued to be at every stage of his ascent in life.
+
+What, then, shall we assign as the decisive elements, the controlling
+constituents, of character--and what the assurance of their persistence
+and their force--which this youth could bring to the service of the
+State, or contribute to the advancement of society and the well-being of
+mankind?
+
+These were simple, but, in combination, powerful, and adequate to fill
+out worthily the life of large opportunities which, though not yet
+foreseen to himself, was awaiting him.
+
+The faculty of reason was very broad and strong in him, yet without
+being vast or surprising. It seized the sensible and practical relations
+of all subjects submitted to it, and firmly held them in its tenacious
+grasp; it exposed these relations to the apprehension of those whose
+opinion or action it behooved him to influence, by methods direct and
+sincere, discarding mere ingenuity, and disdaining the subtleness of
+insinuation. His education had all been of a kind to discipline and
+invigorate his natural powers; not to encumber them with a besetting
+weight of learning, or to supplant them by artificial training.
+
+His oratory was vigorous, with those "qualities of clearness, force, and
+earnestness, which produce conviction." His rhetoric was ample, but not
+rich; his illustrations apposite, but seldom to the point of wit; his
+delivery weighty and imposing.
+
+His force of will, whether in respect of peremptoriness or persistency,
+was prodigious. His courage to brave, and his fortitude to endure, were
+absolute. His loyalty to every cause in which he enlisted--his fidelity
+in every warfare in which he took up arms--were proof against peril and
+disaster.
+
+His estimate of human affairs, and of his own relation to them, was
+sober and sedate. All their grandeur and splendor, to his apprehension,
+connected themselves with the immortal life, and with God, as their
+guide, overseer, and ruler; and the sum of the practical wisdom of all
+worthy personal purposes seemed to him to be, to discern the path of
+duty, and to pursue it.
+
+His views of the commonwealth were essentially Puritan. Equality of
+right, community of interest, reciprocity of duty, were the adequate,
+and the only adequate, principles with him to maintain the strength and
+virtue of society, and preserve the power and permanence of the State.
+With these principles unimpaired and unimpeded he feared nothing for his
+countrymen or their government, and he made constant warfare upon every
+assault or menace that endangered them.
+
+It was with these endowments and with this preparation of spirit, that
+Mr. Chase confronted the realities of life, and assumed to play a part
+which, whether humble or high in the scale and plane of circumstance,
+was sure to be elevated and worthy in itself; for the loftiness of his
+spirit for the conflict of life was
+
+            "Such as raised
+  To height of noblest temper heroes old
+  Arming to battle."
+
+Such a character necessarily confers authority among men, and that Mr.
+Chase was ready, on all occasions arising, to assert his high principles
+by comporting action was never left in doubt. Whether by interposing
+his strong arm to save Mr. Birney from the fury of a mob of Cincinnati
+gentlemen, incensed at the freedom of his press in its defiance of
+slavery; or by his bold and constant maintenance in the courts of the
+cause of fugitive slaves in the face of the resentments of the public
+opinion of the day; or by his fearless desertion of all reigning
+politics to lead a feeble band of protestants through the wilderness of
+anti-slavery wanderings, its pillar of cloud by day, its pillar of fire
+by night; or as Governor of Ohio facing the intimidations of the slave
+States, backed by Federal power and a storm of popular passion; or in
+consolidating the triumphant politics on the urgent issue which was to
+flame out into rebellion and revolt; or in his serene predominance,
+during the trial of the President, over the rage of party hate which
+brought into peril the cooerdination of the great departments of
+Government, and threatened its whole frame--in all these marked
+instances of public duty, as in the simple routine of his ordinary
+conduct, Mr. Chase asked but one question to determine his course of
+action, "Is it right?" If it were, he had strength, and will, and
+courage to carry him through with it.
+
+In the ten years of professional life which followed his admission to
+the bar, Mr. Chase established a repute for ability, integrity,
+elevation of purpose and capacity for labor, which would have surely
+brought him the highest rewards of forensic prosperity and distinction,
+and in due course, of eminent judicial station. In this quieter part of
+his life, as in his public career, it is noticeable that his employments
+were never common-place, but savored of a public zest and interest. His
+compilation of the Ohio Statutes was a _magnum opus_, indeed, for the
+leisure hours of a young lawyer, and possesses a permanent value,
+justifying the assurance Chancellor Kent gave him, that this surprising
+labor would find its "reward in the good he had done, in the talents he
+had shown, and in the gratitude of his profession."
+
+But this quiet was soon broken, never to be resumed, and though the
+great office of Chief-Justice was in store for him, it was to be reached
+by the path of statesmanship and not of jurisprudence.
+
+If it had seemed ever to Mr. Chase and his youthful contemporaries, that
+they had come upon times when, as Sir Thomas Browne thought two hundred
+years ago, "it is too late to be ambitious," and "the great mutations of
+the world are acted," the illusion was soon dispelled. It has been sadly
+said of Greece in the age of Plutarch, that "all her grand but turbulent
+activities, all her noble agitations spent, she was only haunted by the
+spectres of her ancient renown." No doubt, forty years ago, in this
+country, there was a prevalent feeling that the age of the early
+settlements and, again, of our War of Independence, had closed the
+heroic chapters of our history, and left nothing for the public life of
+our later times, but peaceful and progressive development, and the calm
+virtues of civil prudence, to work out of our system all incongruities
+and discords. But what these political speculations assigned as the
+passionless work of successive generations, was to be done in our time,
+and, as it were, in one "unruly right."
+
+Mr. Chase had supported General Harrison for the presidency in 1840, not
+upon any very thorough identification with Whig politics, but partly
+from a natural tendency toward the personal fortunes of a candidate from
+the West, and from his own State, in the absence of any strong
+attraction of principle to draw him to the candidate or the politics of
+the Democratic party. But, upon the death of Harrison and, the elevation
+of Tyler to the presidency, Mr. Chase, promptly discerning the signs of
+the times, took the initiative toward making the national attitude and
+tendency on the subject of slavery the touchstone of politics. Politic
+and prudent by nature, and with no personal disappointments or
+grievances to bias his course, he doubtless would have preferred to save
+and use the accumulated and organized force of one or the other of the
+political parties which divided the country, and press its power into
+the service of the principles and the political action which he had,
+undoubtingly, decided the honor and interests of the country demanded.
+He was among the first of the competent and practical political thinkers
+of the day, to penetrate the superficial crust which covered the
+slumbering fires of our politics, and to plan for the guidance of their
+irrepressible heats so as to save the constituted liberties of the
+nation, if not from convulsion, at least from conflagration. He found
+the range of political thought and action, which either party permitted
+to itself or to its rival, compressed by two unyielding postulates. The
+first of these insisted, that the safety of the republic would tolerate
+no division of parties, in Federal politics, which did not run through
+the slave States as well as the free. The second was that no party could
+maintain a footing in the slave States, that did not concede the
+nationality of the institution of slavery and its right, in equality
+with all the institutions of freedom, to grow with the growth and
+strengthen with the strength of the American Union. Nothing can be more
+interesting to a student of politics than the masterly efforts of
+patriotism and statesmanship, in which all the great men of the country
+participated, for many years, to confine the perturbations of our public
+life to a controversy with this latter and lesser postulate. Seward with
+the Whig party, Chase with the Democratic party, and a host of others in
+both, tried hard to conciliate the irreconcilable, and to stultify
+astuteness, to the acceptance of the proposition that slavery, its
+growth girdled, would not be already struck with death. Quite early,
+however, Mr. Chase grappled with the primary postulate, and through
+great labors, wise counsels, long-suffering patience, and by the
+successive stages of the Liberty party, Independent Democracy, and
+Free-Soil party, led up the way to the Republican party, which, made up
+by the Whig party dropping its slave State constituency, and the
+Democratic party losing its Free-Soil constituents, rent this primary
+postulate of our politics in twain, and took possession of the
+Government by the election of its candidate, Mr. Lincoln.
+
+This movement in politics was one of prodigious difficulty and
+immeasurable responsibility. It was so felt to be by the prime actors in
+it, though with greatly varying largeness of survey and depth of
+insight. In the system of American politics it created as vast a
+disturbance as would a mutation of the earth's axis, or the displacement
+of the solar gravitation, in our natural world. This great transaction
+filled the twenty years of Mr. Chase's mature manhood, say, from the age
+of thirty to that of fifty years. He must be awarded the full credit of
+having understood, resolved upon, planned, organized, and executed, this
+political movement, and whether himself leading or cooeperating or
+following in the array and march of events, his plan, his part, his
+service, were all for the cause, its prosperity, and its success. To
+one who considers this career, not as completed and triumphant, not with
+the glories of power, and dignities, and fame which attended it, not
+with the blessings of a liberated race, a consolidated Union, an
+ennobled nationality which receive the plaudits of his countrymen, but
+as its hazards and renunciations, its toils and its perils, showed at
+the outset, in contrast with the ease and splendor of his personal
+fortunes which adhesion to the political power of slavery seemed to
+insure to him, and then contemplates the promptness of his choice and
+the steadfastness of his perseverance, the impulse and the action seem
+to find a parallel in the life of the great Hebrew statesman, who, "_by
+faith_, when he was come to years, refused to be called the son of
+Pharaoh's daughter," and "_by faith_, forsook Egypt, not fearing the
+wrath of the king."
+
+The first half of this period of twenty years witnessed only the
+preliminaries, equally brave and sagacious, of agitation, promulgation
+of purposes and opinions, consultations, conventions, and political
+organizations, more and more comprehensive and effective. All this time
+Mr. Chase was simply a citizen, and apparently could expect no political
+station or authority till it should come from the prosperous fortunes of
+the party he was striving to create. Suddenly, by a surprising
+conjunction of circumstances he was lifted, at one bound, to the highest
+and widest sphere of influence, upon the opinion of the country, which
+our political establishment presents--I mean the Senate of the United
+States. The elective body, the Legislature of Ohio, was filled in almost
+equal numbers with Whigs and Democrats, but a handful of Liberty party
+men held the control to prevent or determine a majority. They elected
+Mr. Chase. The concurrence is similar, in its main features, to the
+election of Mr. Sumner to the Senate, two years afterward, in
+Massachusetts. Much criticism of such results is always and necessarily
+excited. The true interpretation of such transactions is simply a
+transition state from old to new politics, wherein party names and
+present interests are unchanged, but opinions and projects and prospects
+are taking a new shape, and the old mint, all at once, astonishes
+everybody by striking a new image and superscription, soon to be stamped
+upon the whole coinage. The part of Mr. Chase in this election, as of
+Mr. Sumner in his own, was elevated and without guile. His term in the
+Senate brought him to the year 1856, and was followed by two successive
+elections and four years' service as Governor of Ohio, and a reelection
+to the Senate. In these high stations he added public authority to his
+opinions and purposes, and gained for them wider and wider influence,
+while he discharged all general senatorial duties, and official
+functions as Governor, with benefit to the legislation of the nation and
+to the administration of the State.
+
+As the presidential election approached and the Republican party took
+the field with an assurance of assuming the administration of the
+Federal Government, and of meeting the weighty responsibility of the new
+political basis, the question of candidates absorbed the attention of
+the party, and attracted the interest of the whole country. When a new
+dynasty is to be enthroned, the _personality_ of the ruler is an element
+of the first importance. In the general judgment of the country, and
+equally to the apprehension of the mass of his own party and of its
+rival, Mr. Seward stood as the natural candidate, and upon manifold
+considerations. His unquestioned abilities, his undoubted fidelity, his
+vast services and wide following in the party, presented an
+unprecedented combination of political strength to obtain the nomination
+and carry the election, and of adequate faculties and authority with the
+people for the prosperous administration of the presidential office.
+Second only to Mr. Seward, in this general judgment of his countrymen,
+stood Mr. Chase, with just enough of preference for him, in some
+quarters, over Mr. Seward, upon limited and special considerations, to
+encourage that darling expedient of our politics, a resort to a _third_
+candidate. This recourse was had, and Mr. Lincoln was nominated and
+elected.
+
+The disclosure of Mr. Lincoln to the eyes of his countrymen as a
+possible, probable, actual candidate for the presidency came upon them
+with the suddenness and surprise of a revelation. His advent to power as
+the ruler of a great people, in the supreme juncture of their affairs,
+to be the head of the state among its tried and trusted statesmen, to
+subordinate and cooerdinate the pride and ambition of leaders, the
+passions and interests of the masses, and to guide the destinies of a
+nation whose institutions were all framed for obedience to law and
+perpetual domestic peace, through rebellion, revolt, and civil war; and
+to the subversion of the very order of society of a vast territory and a
+vast population, finds no parallel in history; and was a puzzle to all
+the astrologers and soothsayers. It has been said of George III.--whose
+narrow intellect and obstinate temper so greatly helped on the rebellion
+of our ancestors to our independence--it has been said of George III.,
+that "it was his misfortune that, intended by nature to be a farmer,
+accident placed him on a throne." It was the happy fortune of the
+American people, that to the manifest advantages of freedom from
+jealousies of any rivals; and from commitment, by any record, to schemes
+or theories or sects or cabals, pursued by no hatreds, beguiled by no
+attachments, Mr. Lincoln added a vigorous, penetrating, and capacious
+intellect, and a noble, generous nature which filled his conduct of the
+Government, in small things and great, from beginning to end, "with
+malice to none and charity to all." These qualities were indispensable
+to the safety of the Government and to the prosperous issue of our civil
+war. In the great crisis of a nation struggling with rebellion, the
+presence or absence of these personal traits in a ruler may make the
+turning-point in the balance of its fate. Had Lincoln, in dealing with
+the administration of government during the late rebellion, insisted as
+George III. did, in his treatment of the American Revolution, upon "the
+right of employing as responsible advisers those only whom he personally
+liked, and who were ready to consult and execute his personal wishes,"
+had he excluded from his counsels great statesmen like Seward and Chase,
+as King George did Fox and Burke, who can measure the dishonor,
+disorder, and disaster into which our affairs might have fallen? Such
+narrow intelligence and perversity are as little consistent with the
+true working of administration under our Constitution as they were under
+the British Constitution, and as little consonant with the sound sense
+as they are with the generous spirit of our people.
+
+By the arrangement of his Cabinet, and his principal appointments for
+critical services, Mr. Lincoln showed at once that nature had fitted him
+for a ruler, and accident only had hid his earlier life in obscurity. I
+cannot hesitate to think that the presence of Mr. Seward and Mr. Chase
+in the great offices of State and Treasury, and their faithful
+concurrence in the public service and the public repute of the
+President's conduct of the Government, gave to the people all the
+benefits which might have justly been expected from the election of
+either to be himself the head of the Government and much else besides. I
+know of no warrant in the qualities of human nature, to have hoped that
+either of these great political leaders would have made as good a
+minister under the administration of the other, as President, as both of
+them did under the administration of Mr. Lincoln. I see nothing in Mr.
+Lincoln's great qualities and great authority with this people, which
+could have commensurately served our need in any place, in the conduct
+of affairs, except at their head.
+
+The general importance, under a form of government where the confidence
+of the people is the breath of the life of executive authority, of
+filling the great offices of state with men who, besides possessing the
+requisite special faculties for their several departments and large
+general powers of mind for politics and policies, have also great repute
+with the party, and great credit with the country, was well understood
+by the President. He knew that the times needed, in the high places of
+government, men "who," in Bolingbroke's phrase, "had built about them
+the opinion of mankind which, fame after death, is superior strength and
+power in life."
+
+Of the great abilities which Mr. Chase, in his administration of the
+Treasury, exhibited through the three arduous years of that public
+service, no question has ever been made. The exactions of the place knew
+no limits. A people, wholly unaccustomed to the pressure of taxation,
+and with an absolute horror of a national debt, was to be rapidly
+subjected to the first without stint, and to be buried under a mountain
+of the last. Taxes which should support military operations on the
+largest scale, and yet not break the back of industry which alone could
+pay them; loans, in every form that financial skill could devise, and to
+the farthest verge of the public credit; and, finally, the extreme
+resort of governments under the last stress and necessity, of the
+subversion of the legal tender, by the substitution of what has been
+aptly and accurately called the "coined credit" of the Government for
+its coined money--all these exigencies and all these expedients made up
+the daily problems of the Secretary's life. We may have some conception
+of the magnitude of these financial operations, by considering one of
+the subordinate contrivances required to give to the currency of the
+country the enormous volume and the ready circulation without which the
+tides of revenue and expenditure could not have maintained their flow. I
+refer to the transfer of the paper money of the country from the State
+to the national banks. This transaction, financially and politically,
+transcends in magnitude and difficulty, of itself alone, any single
+measure of administrative government found in our history, yet the
+conception, the plan, and the execution, under the conduct of Mr. Chase,
+took less time and raised less disturbance than it is the custom of our
+politics to accord to a change in our tariff or a modification of a
+commercial treaty. Another special instance of difficult and complicated
+administration was that of the renewal of the intercourse of trade, to
+follow closely the success of our arms, and subdue the interests of the
+recovered region to the requirements of the Government. But I cannot
+insist on details, where all was vast and surprising and prosperous. I
+hazard nothing in saying that the management of the finances of the
+civil war was the marvel of Europe and the admiration of our own people.
+For a great part of the wisdom, the courage, and the overwhelming force
+of will which carried us through the stress of this stormy sea, the
+country stands under deep obligations to Mr. Chase as its pilot through
+its fiscal perils and perplexities. Whether the genius of Hamilton,
+dealing with great difficulties and with small resources, transcended
+that of Chase, meeting the largest exigencies with great resources, is
+an unprofitable speculation. They stand together, in the judgment of
+their countrymen, the great financiers of our history.
+
+A somewhat persistent discrepancy of feeling and opinion between the
+President and the Secretary, in regard to an important office in the
+public service, induced Mr. Chase to resign his portfolio, and Mr.
+Lincoln to acquiesce in his desire. No doubt, it is not wholly fortunate
+in our Government that the distribution of patronage, a mixed question
+of party organization and public service, should so often harass and
+embarrass administration, even in difficult and dangerous times. Mr.
+Lincoln's ludicrous simile is an incomparable description of the system
+as he found it. He said, at the outset of his administration, that "he
+was like a man letting rooms at one end of his house, while the other
+end was on fire." Some criticism of the Secretary's resignation and of
+the occasion of it, at the time, sought to impute to them consequences
+of personal acerbity between these eminent men, and the mischiefs of
+competing ambitions and discordant counsels for the public interests.
+But the appointment of Mr. Chase to the chief-justiceship of the United
+States silenced all this evil speech and evil surmise.
+
+There is no doubt that Mr. Chase greatly desired this office, its
+dignity and durability both considered, the greatest gratification, to
+personal desires, and the worthiest in public service, and in public
+esteem, that our political establishment affords. Fortunate, indeed, is
+he who, in the estimate of the profession of the law, and in the general
+judgment of his countrymen, combines the great natural powers, the
+disciplined faculties, the large learning, the larger wisdom, the firm
+temper, the amiable serenity, the stainless purity, the sagacious
+statesmanship, the penetrating insight, which make up the qualities that
+should preside at this high altar of justice, and dispense to this great
+people the final decrees of a government "not of men, but of laws." To
+whatever President it comes, as a function of his supreme authority, to
+assign this great duty to the worthiest, there is given an opportunity
+of immeasurable honor for his own name, and of vast benefits to his
+countrymen, outlasting his own brief authority, and perpetuating its
+remembrance in the permanent records of justice, "the main interest of
+all human society," so long as it holds sway among men. John Adams, from
+the Declaration of Independence down, and with the singular felicity of
+his line of personal descendants, has many titles to renown, but by no
+act of his life has he done more to maintain the constituted liberties
+which he joined in declaring, or to confirm his own fame, than by giving
+to the United States the great Chief-Justice Marshall, to be to us,
+forever, through every storm that shall beset our ship of state--
+
+  "Like a great sea-mark, standing every flaw,
+    And saving them that eye it."
+
+In this disposition, Mr. Lincoln appointed Mr. Chase to the vacant
+seat, and the general voice recognized the great fitness of the
+selection.
+
+I may be permitted to borrow from the well-considered and sober words of
+an eminent judge, the senior Associate on the bench of the Supreme
+Court--words that will carry weight with the country which mine could
+not--a judicial estimate of this selection. Mr. Justice Clifford says:
+"Appointed, as it were, by common consent, he seated himself easily and
+naturally in the chair of justice, and gracefully answered every demand
+upon the station, whether it had respect to the dignity of the office,
+or to the elevation of the individual character of the incumbent, or to
+his firmness, purity, or vigor of mind. From the first moment he drew
+the judicial robes around him he viewed all questions submitted to him
+as a judge in the calm atmosphere of the bench, and with the deliberate
+consideration of one who feels that he is determining issues for the
+remote and unknown future of a great people."
+
+_Magistratus ostendit virum_--the magistracy shows out the man. A great
+office, by its great requirements and great opportunities, calls out and
+displays the great powers and rare qualities which, presumably, have
+raised the man to the place. Let us consider this last public service
+and last great station, as they exhibit Mr. Chase to a candid estimate.
+
+And, first, I notice the conspicuous fitness for judicial service of the
+mental and moral constitution of the man. All through the heady contests
+of the vehement politics of his times, his share in them had embodied
+decision, moderation, serenity, and inflexible submission to reason as
+the master and ruler of all controversies. Force, fraud, cunning, and
+all lubric arts and artifices, even the beguilements of rhetoric, found
+no favor with him, as modes of warfare or means of victory. So far,
+then, from needing to lay down any weapons, or disuse any methods in
+which he was practised, or learn or assume new habits of mind or strange
+modes of reasoning, Mr. Chase, in the working of his intellect and the
+frame of his spirit, was always judicial.
+
+It was not less fortunate for the prompt authority of his new station,
+so dependent upon the opinion of the country, that his credit for great
+abilities and capacity for large responsibilities was already
+established. Great repute, as well as essential character, is justly
+demanded for all elevated public stations, and especially for judicial
+office, whose prosperous service, in capital junctures, turns mainly on
+moral power with the community at large.
+
+Both these preparations easily furnished the Chief-Justice with the
+requisite aptitude for the three relations, of prime importance, upon
+which his adequacy must finally be tested; I mean, his relation to the
+court as its presiding head, his relation to the profession as masters
+of the reason and debate over which the court is the arbiter, and his
+relation to the people and the State in the exercise of the critical
+constitutional duties of the court, as a cooerdinate department of the
+Government.
+
+In a numerous court, that the Chief-Justice should have a prevalent and
+gracious authority, as first among equals, to adjust, arrange, and
+facilitate the cooeperative working of its members, will not be doubted.
+For more than sixty years, at least, this court had felt this
+authority--_potens et lenis dominatio_--in the presence of the two
+celebrated Chief-Justices who filled out this long service. Their great
+experience and great age had supported, and general conformity of
+political feeling, if not opinion, on the bench, had assisted, this
+relation of the Chief-Justice to the court.
+
+When Mr. Chase was called to this station, he found the bench filled
+with men of mark and credit, and his accession made an exactly equal
+division of the court between the creations of the old and of the new
+politics. In these circumstances the proper maintenance of the
+traditional relation of the Chief-Justice to the court was of much
+importance to its unbroken authority with the public. That it was so
+maintained was apparent to observation, and Mr. Justice Clifford,
+speaking for the court, has shown it in a most amiable light:
+
+"Throughout his judicial career he always maintained that dignity of
+carriage and that calm, noble, and unostentatious presence that
+uniformly characterized his manners and deportment in the social circle;
+and, in his intercourse with his brethren, his suggestions were always
+couched in friendly terms, and were never marred by severity or
+harshness."
+
+As for the judgment of the bar of the country, while it gave its full
+assent to the appointment of Mr. Chase, as an elevated and wise
+selection by the President, upon the general and public grounds which
+should always control, there was some hesitancy, on the part of the
+lawyers, as to the completeness of Mr. Chase's professional training,
+and the special aptitude of his intellect to thread the tangled mazes of
+affairs which form the body of private litigations. The doubt was
+neither unkind nor unnatural, and it was readily and gladly resolved
+under the patient and laborious application, and the accurate and
+discriminating investigation, with which the Chief-Justice handled the
+diversified subjects, and the manifold complexities, which were brought
+into judgment before him. In fact, the original dubitation had
+overlooked the earlier distinction of Mr. Chase at the bar in some most
+important forensic efforts, and had erred in comparing, for their
+estimate, Mr. Chase entering upon judicial employments, with his
+celebrated predecessors, as they showed themselves at the close, not at
+the outset, of their long judicial service. I feel no fear of dissent
+from the profession in saying that those who practised in the Circuit or
+in the Supreme Court while he presided, as well as the larger and
+widely-diffused body of lawyers who give competent and responsible study
+to the reports, recognize the force of his reason, the clearness of his
+perceptions, the candor of his opinions, and the lucid rhetoric of his
+judgments, as assuring his rank with the eminent judges of our own and
+the mother-country.
+
+But, in the most imposing part of the jurisdiction and jurisprudence of
+the court; in its dominion over all that belongs to the law of nations,
+whether occupied with the weighty questions of peace and war, and the
+multitudinous disturbances of public and private law which follow the
+change from one to the other; or with the complications of foreign
+intercourse and commerce with all the world, which the genius of our
+people is constantly expanding; in its control, also, of the lesser
+public law of our political system, by which we are a nation of
+republics, where the bounds of State and Federal authority need constant
+exploration, and require accurate and circumspect adjustment; in its
+final arbitrament on all conflicts and encroachments by which the great
+cooerdinate departments of the Government are to be confined to their
+appropriate spheres; in that delicate and superb supremacy of judicial
+reason whereby the Constitution confides to the deliberations of this
+court the determination, even, of the legality of legislation, and
+trusts it, nevertheless, to abstain itself from law-making--in all these
+transcendent functions of the tribunal the preparation and the adequacy
+of the Chief-Justice were unquestioned.
+
+Accordingly, we find in the few years of his service, before his decline
+in health, in the crowd of causes bred by the civil war, which pressed
+the court with novel embarrassments, and loaded it with unprecedented
+labors, that the Chief-Justice gave conspicuous evidence, in repeated
+instances, of that union of the faculties of a lawyer and a statesman,
+which alone can satisfy the exactions of this highest jurisdiction,
+unequaled and unexampled in any judicature in the world. To name these
+conspicuous causes merely, without unfolding them, would carry no
+impression; and time fails for any demonstrative criticism upon them.
+
+There are two passages in the judicial service of Mr. Chase which,
+attracting great attention and exciting some difference of opinion at
+the time of the transactions, invite a brief consideration at your
+hands.
+
+The first political impeachment in our constitutional history,
+involving, as it did, the accusation of the President of the United
+States, required the Chief-Justice to preside at the trial before the
+Senate, creating thus the tribunal to which the Constitution had
+assigned this high jurisdiction. Beyond the injunction that the Senate,
+when sitting for the trial of impeachments, should be "on oath,"
+the Constitution gave no instruction to fix or ascertain the
+character of the procedure, the nature of the duty assigned to the
+specially-organized court, or the distribution of authority between the
+Chief-Justice and the Senate. The situation lacked no feature of
+gravity--no circumstance of solicitude--and the attention of the whole
+country, and of foreign nations, watched the transaction at every stage
+of its progress. No circumstances could present a greater disparity of
+political or popular forces between accuser and accused, and none could
+be imagined of more thorough commitment of the body of the court--the
+Senate--both in the interests of its members, in their political
+feeling, and their pre-judgments; all tending to make the condemnation
+of the President, upon all superficial calculations, inevitable. The
+effort of the Constitution to guard against mere partisan judgment, by
+requiring a two-third vote to convict, was paralyzed by the complexion
+of the Senate, showing more than four-fifths of that body of the party
+which had instituted the impeachment and was demanding conviction. To
+this party, as well, the Chief-Justice belonged, as a founder, a leader,
+a recipient of its honors, and a lover of its prosperity and its fame.
+The President, raised to the office from that of Vice-President--to
+which alone he had been elected--by the deplored event of Mr. Lincoln's
+assassination, was absolutely without a party, in the Senate or in the
+country; for the party whose suffrages he had received for the
+vice-presidency was the hostile force in his impeachment. And, to bring
+the matter to the worst, the succession to all the executive power and
+patronage of the Government, in case of conviction, was to fall into the
+administration of the President of the Senate--the creature, thus, of
+the very court invested with the duty of trial and the power of
+conviction.
+
+Against all these immense influences, confirmed and inflamed by a storm
+of party violence, beating against the Senate-house without abatement
+through the trial, the President was acquitted. To what wise or
+fortunate protection of the stability of government does the people of
+this country owe its escape from this great peril? Solely, I cannot
+hesitate to think, to the potency--with a justice-loving, law-respecting
+people--of the few decisive words of the Constitution which, to the
+common apprehension, had impressed upon the transaction the solemn
+character of trial and conviction, under the sanction of the oath to
+bind the conscience, and not of the mere exercise of power, of which its
+will should be its reason. In short, the Constitution had made the
+procedure _judicial_, and not _political_. It was this sacred
+interposition that stayed this plague of political resentments which,
+with their less sober and intelligent populations, have thwarted so many
+struggles for free government and equal institutions.
+
+Over this scene, through all its long agitations, the Chief-Justice
+presided, with firmness and prudence, with circumspect comprehension,
+and sagacious forecast of the vast consequences which hung, not upon the
+result of the trial as affecting any personal fortunes of the
+President, but upon the maintenance of its character as a trial--upon
+the prevalence of law, and the supremacy of justice, in its methods of
+procedure, in the grounds and reasons of its conclusion. That his
+authority was greatly influential in fixing the true constitutional
+relations of the Chief-Justice to the Senate, and establishing a
+precedent of procedure not easily to be subverted; that it was felt,
+throughout the trial, with persuasive force, in the maintenance of the
+judicial nature of the transaction; and that it never went a step beyond
+the office which belonged to him--of presiding over the Senate trying an
+impeachment--is not to be doubted.
+
+The President was acquitted. The disappointment of the political
+calculations which had been made upon, what was felt by the partisans of
+impeachment to be, an assured result, was unbounded; and resentments,
+rash and unreasoning, were visited upon the Chief-Justice, who had
+influenced the Senate to be judicial, and had not himself been
+political. No doubt, this impeachment trial permanently affected the
+disposition of the leading managers of the Republican party toward the
+Chief-Justice, and his attitude thereafter toward that party, in his
+character of a citizen. But the people of the country never assumed any
+share of the resentment of party feeling. The charge against him, if it
+had any shape or substance, came only to this: that the Chief-Justice
+brought into the Senate, under his judicial robes, no concealed weapons
+of party warfare, and that he had not plucked from the Bible, on which
+he took and administered the judicial oath, the commandment for its
+observance.
+
+Not long after Mr. Chase's accession to the bench there came before the
+court a question, in substance and in form, as grave and difficult as
+any that its transcendent jurisdiction over the validity of the
+legislation of Congress, has ever presented, or, in any forecast we can
+make of the future, will ever present for its judgment; I mean the
+constitutionality of that feature and quality of the issues of United
+States notes during the war, which made them a legal tender for the
+satisfaction of private debts. This measure was one of the great
+administrative expedients for marshaling the wealth of the country, as
+rapidly, as equally, and as healthfully, to the energies of production
+and industry, as might be, and so as seasonably to meet the
+immeasurable demands of the public service, in the stress of the war.
+That it was debated and adopted, with full cognizance of its critical
+character, and with extreme solicitude that all its bearings should be
+thoroughly explored, and upon the same peremptory considerations, upon
+which the master of a ship cuts away a mast or jettisons cargo, or the
+surgeon amputates a limb, was a matter of history. Mr. Chase, as
+Secretary of the Treasury, with a reluctance and repugnance which
+enhanced the weight of his counsels, approved the measure, as one of
+necessity for the fiscal operations of the Government, which knew no
+other seasonable or adequate recourse. Upon this imposing and
+authoritative advice of the financial minister, the legal-tender trait
+of the paper issues of the Government was adopted by Congress, and
+without his sanction, presumptively, it would have been denied.
+
+And now, when, after repeated argument at the bar, and long
+deliberations of the court, the decision was announced, the determining
+opinion of the Chief-Justice, in an equal division of the six associate
+justices, pronounced the legal-tender acts unconstitutional, as not
+within the discretion of the political departments of the Government,
+Congress, and the Executive, to determine this very question of the
+necessity of the juncture, as justifying their enactment.
+
+The singularity of the situation struck everybody, and greatly divided
+public sentiment between applause and reproaches of the Chief-Justice,
+as the principal figure both in the administrative measure and in its
+judicial condemnation. But soon, a new phase of the unsettled agitation
+on the merits of the constitutional question, drew public attention, and
+created even greater excitement of feeling and diversity of sentiment.
+The court, which had been reduced by Congress under particular and
+temporary motives, hostile to the appointing power of President Johnson,
+had been again opened by Congress to its permanent number, and its
+vacancies had been filled. A new case, involving the vexed question, was
+heard by the court, and the validity of the disputed laws was sustained
+by its judgment. The signal spectacle of the court, which had judged
+over Congress and the Secretary, now judging over itself, gave rise to
+much satire on one side and the other, and to some coarseness of
+contumely as to the motives and the means of these eventful mutations
+in matters, where stability and uniformity are, confessedly, of the
+highest value to the public interests, and to the dignity of government.
+
+Confessing to a firm approval of the final disposition of the
+constitutional question by the court, I concede it to be a subject of
+thorough regret that the just result was not reached by less uncertain
+steps. But, with this my adverse attitude to the Chief-Justice's
+judicial position on the question, I find no difficulty in discarding
+all suggestions which would mix up political calculations with his
+judicial action. The error of the Chief-Justice, if, under the last
+judgment of the court, we may venture so to consider it, was in
+following his strong sense of the supreme importance of restoring the
+integrity of the currency, and his impatience and despair at the
+feebleness of the political departments of the Government in that
+direction, to the point of concluding that the final wisdom of this
+great question--_inter apices juris_, as well as of the highest reasons
+of state--was to deny to the brief exigency of war, what was so
+dangerous to the permanent necessities of peace. But a larger reason and
+a wider prudence, as it would seem, favor the prevailing judgment, which
+refused to cripple the permanent faculties of government for the
+unforeseen duties of the future, and drew back the court from the
+perilous edge of _law-making_, which, overpassed, must react to cripple,
+in turn, the essential judicial power. The past, thus, was not
+discredited, nor the future disabled.
+
+I have now carried your attention to the round of public service which
+filled the life of Mr. Chase with activity and usefulness, and yet the
+survey and the lesson are incomplete without some reference to a station
+he never attained, to an office he never administered; I mean, to be
+sure, the presidency. It is of the nature of this great place of power
+and trust, and the necessity of the method by which alone it can be
+reached, to present to the ambition and public spirit of political
+leaders, and to the honest hopes and enthusiasm of the great body of the
+people, an equally frequent disappointment. This is not the place to
+insist upon the reasons of this unquestionable mischief, nor to attempt
+to point out the escape from them, if indeed the problem be not, in
+itself, too hard for solution. To Mr. Chase, as to all the great
+leaders of opinion in the present and perhaps the last generation of our
+public men, this disappointment came, and in his case, as in theirs,
+brought with it the defeat of the hopes and desires of a large following
+of his countrymen, who sought, through his accession to the presidency,
+the elevation of the Government, and the welfare of the people.
+
+That the range and dignity of Mr. Chase's public employments and the
+large capacity, absolute probity, and unbounded energy which he had
+shown in them, justified his aspiration to the presidency, and the
+public calculations of great benefit from his accession to it, may not
+be doubted. In this state of things it is obvious, that he would
+necessarily be greatly in the minds of men, as a candidate for the
+candidacy, and this, too, whether they favored or opposed it, without
+any implication of undue activity of desire, much less of effort, on his
+part, to obtain the nomination. But, it was not in the fortunes of Mr.
+Chase's life to take the flood of any tide, in the restless sea of our
+politics, which led on to the presidency. In 1860 there was no principle
+and no policy of the Republican party which could tolerate the
+postponement of Mr. Seward to Mr. Chase, if a political leader was to be
+put in nomination. In 1864 the paramount considerations of absolute
+supremacy, which dictated the reelection of Mr. Lincoln, would endure no
+competition of candidates in the Republican party. In 1868, when each
+party seemed, in an unusual degree, free to seek and find its candidates
+where it would, Mr. Chase was Chief-Justice, and no issue of the public
+safety existed, which alone, in the settled convictions of this people,
+would favor a political canvass by the head of the judiciary.
+
+In a just view of the office of President, as framed in the
+Constitution, which he only, in the whole establishment of the
+Government, is sworn "to preserve, protect, and defend," and of the
+rightful demands of this people from its supreme magistracy, I am sure
+most people will agree that Mr. Chase possessed great qualities for the
+discharge of its high duties, and for the maintenance of good government
+in difficult times. These qualifications I have already unfolded from
+his life. If, indeed, the great hold over the Government, which the
+Constitution secures to the people by the election of the President,
+and his direct and constant responsibility to popular opinion, and the
+full powers, thus safely confided to him, in the name and as the trust
+of the people at large--if this hold is to be exercised and preserved in
+its appropriate vigor, it can only be by the election to the presidency
+of true leaders of the political opinion of the country. In this way
+alone can power and responsibility be kept in union; and any nation
+which, in the working of its government, sees them divorced--sees power
+without responsibility, and responsibility without power--must expect
+dishonor and disaster in its affairs.
+
+I have, thus, with such success as may be, undertaken to separate the
+thread of this individual character and action from that woven tapestry
+of human life, whose conciliated colors and collective force make up one
+of the noblest chapters of history. I have attempted to present in
+prominent points, passing _per fastigia rerum_, the worth, the work, the
+duty, and the honor which fill out "the sustained dignity of this
+stately life." From his boyhood on the banks of this fair river--famous
+as having given birth and nurture to three Chief-Justices of the United
+States, Ellsworth, Chase, and Waite; through his first lessons in the
+humanities in beautiful Windsor, his fuller instruction in the lap of
+this gracious mother, his loved and venerated Dartmouth; through his
+lessons in law and in eloquence at the feet of his great master, Wirt,
+his study of statesmen and government at the capital; through, his
+faithful service to the law, that jealous mistress, and his generous
+advocacy of the rights, and resentment of the wrongs, of the unfriended
+and the undefended; through his season of stormy politics with its
+"estuations of joys and fears;" through the crush and crowd of labors
+and solicitudes which beset him as minister of finance in the tensions
+and perils of war; through all this steep ascent to the serene height of
+supreme jurisprudence, this life, but a span in years, was enough for
+the permanent service of his country, and for the assurance of his fame.
+"_Etenim, Quirites, exiguum nobis vitae curriculum natura circumscripsit,
+immensum gloriae._"
+
+If I should attempt to compare Mr. Chase, either in resemblance or
+contrast, with the great names in our public life, of our own times, and
+in our previous history, I should be inclined to class him, in the
+solidity of his faculties, the firmness of his will, and in the
+moderation of his temper, and in the quality of his public services,
+with that remarkable school of statesmen, who, through the Revolutionary
+War, wrought out the independence of their country, which they had
+declared, and framed the Constitution, by which the new liberties were
+consolidated and their perpetuity insured. Should I point more
+distinctly at individual characters, whose traits he most recalls,
+Ellsworth as a lawyer and judge, and Madison as a statesman, would seem
+not only the most like, but very like, Mr. Chase. In the groups of his
+cotemporaries in public affairs, Mr. Chase is always named with the most
+eminent. In every triumvirate of conspicuous activity he would be
+naturally associated. Thus, in the preliminary agitations which prepared
+the triumphant politics, it is Chase and Sumner and Hale; in the
+competition for the presidency when the party expected to carry it, it
+is Seward and Lincoln and Chase; in administration, it is Stanton and
+Seward and Chase; in the Senate, it is Chase and Seward and Sumner. All
+these are newly dead, and we accord them a common homage of admiration
+and of gratitude, not yet to be adjusted or weighed out to each.
+
+Just a quarter of a century before Mr. Chase left these halls of
+learning, the college sent out another scholar of her discipline, with
+the same general traits of birth, and condition, and attendant
+influences, which we have noted as the basis of the power and influence
+of this later son of Dartmouth. He played a famous part in his time as
+lawyer, senator, and minister of state, in all the greatest affairs, and
+in all the highest spheres of public action; and to his eloquence his
+countrymen paid the singular homage, with which the Greeks crowned that
+of Pericles, who alone was called Olympian for his grandeur and his
+power. He died with the turning tide from the old statesmanship to the
+new, then opening, now closed, in which Mr. Chase and his cotemporaries
+have done their work and made their fame. Twenty-one years ago this
+venerable college, careful of the memory of one who had so greatly
+served as well as honored her, heard from the lips of Choate the praise
+of Webster. What lover of the college, what admirer of genius and
+eloquence, can forget the pathetic and splendid tribute which the
+consummate orator paid to the mighty fame of the great statesman? What
+mattered it to him, or to the college, that, for the moment, this fame
+was checked and clouded, in the divided judgments of his countrymen, by
+the rising storms of the approaching struggle? But, instructed by the
+experience of the vanquished rebellion, none are now so dull as not to
+see that the consolidation of the Union, the demonstration of the true
+doctrine of the Constitution, the solicitous observance of every
+obligation of the compact, were the great preparations for the final
+issue of American politics between freedom and slavery.
+
+To these preparations the life-work of Webster and his associates was
+devoted; their completeness and adequacy have been demonstrated; the
+force and magnitude of the explosion have justified all their
+solicitudes lest it should burst the cohesions of our unity. The general
+sense of our countrymen now understands that the statesmen who did the
+most to secure the common government for slavery and freedom under the
+frame of the Constitution, and who in the next generations did the most
+to strengthen the bonds of the Union, and to avert the last test till
+that strength was assured; and, in our own latest times, did the most to
+make the contest at last become seasonable and safe, thorough and
+unyielding and unconditional, have all wrought out the great problem of
+our statesmanship, which was to assure to us "Liberty and Union, now and
+forever, one and inseparable." They all deserve, as they shall all
+receive, each for his share, the gratitude of their countrymen, and the
+applause of the world.
+
+To the advancing generations of youth that Dartmouth shall continue to
+train for the service of the republic, and the good of mankind, the
+lesson of the life we commemorate, to-day, is neither obscure nor
+uncertain. The toils and honors of the past generations have not
+exhausted the occasions nor the duties of our public life, and the
+preparation for them, whatever else it may include, can never omit the
+essential qualities which have always marked every prosperous and
+elevated career. These are energy, labor, truth, courage, and faith.
+These make up that ultimate WISDOM to which the moral constitution of
+the world assures a triumph.--"Wisdom is the principal thing; she shall
+bring thee to honor; she shall give to thy head an ornament of grace; a
+crown of glory shall she deliver to thee."
+
+
+
+
+
+End of Project Gutenberg's Eulogy on Chief-Justice Chase, by William M. Evarts
+
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