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diff --git a/20109-8.txt b/20109-0.txt index 83c62b7..be97e53 100644 --- a/20109-8.txt +++ b/20109-0.txt @@ -1,30 +1,4 @@ -The Project Gutenberg EBook of Reminiscences of Sixty Years in Public -Affairs, Vol. 2, by George S. Boutwell - -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: Reminiscences of Sixty Years in Public Affairs, Vol. 2 - -Author: George S. Boutwell - -Release Date: December 14, 2006 [EBook #20109] -[Last updated on May 30, 2007] - -Language: English - -Character set encoding: Windows-1252 - -*** START OF THIS PROJECT GUTENBERG EBOOK REMINISCENCES OF SIXTY YEARS *** - - - - -Produced by An Anonymous Volunteer - +*** START OF THE PROJECT GUTENBERG EBOOK 20109 *** @@ -11038,368 +11012,4 @@ THE END INDEX [omitted] - - - -End of the Project Gutenberg EBook of Reminiscences of Sixty Years in Public -Affairs, Vol. 2, by George S. 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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: Reminiscences of Sixty Years in Public Affairs, Vol. 2 - -Author: George S. Boutwell - -Release Date: December 14, 2006 [EBook #20109] -[Last updated on May 30, 2007] - -Language: English - -Character set encoding: ASCII - -*** START OF THIS PROJECT GUTENBERG EBOOK REMINISCENCES OF SIXTY YEARS *** - - - - -Produced by An Anonymous Volunteer - - - - - -Transcriber's note: - - Footnotes are at the end of the chapter. - - A few commas have been moved or added for clarity. - - Obsolete spellings of place names have been retained; personal names - and obvious typographical errors have been corrected. - - -REMINISCENCES -OF -SIXTY YEARS IN PUBLIC AFFAIRS -VOLUME II - - -Reminiscences of -Sixty Years -in Public Affairs -by George S. Boutwell -Governor of Massachusetts, 1851-1852 -Representative in Congress, 1863-1869 -Secretary of the Treasury, 1869-1873 -Senator from Massachusetts, 1873-1877 -etc., etc., - -Volume Two - -New York -McClure, Phillips & Co. -Mcmii - - -_Copyright, 1902, by_ -McClure, Phillips & Co. - -_Published May, 1902. N._ - - -CONTENTS - - XXVIII Service in Congress - XXIX Incidents in the Civil War - XXX The Amendments to the Constitution - XXXI Investigations Following the Civil War - XXXII Impeachment of Andrew Johnson - XXXIII The Treasury Department in 1869 - XXXIV The Mint Bill and the "Crime of 1873" - XXXV Black Friday--September 24, 1869 - XXXVI An Historic Sale of United States Bonds in England - XXXVII General Grant's Administration -XXXVIII General Grant as a Statesman - XXXIX Reminiscences of Public Men - XL Blaine and Conkling and the Republican Convention of 1880 - XLI From 1875 to 1895 - XLII The Last of the Ocean Slave Traders - XLIII Mr. Lincoln as an Historical Personage - XLIV Speech on Columbus - XLV Imperialism as a Public Policy - INDEX - - -REMINISCENCES -OF -SIXTY YEARS IN PUBLIC AFFAIRS -VOLUME II - - -XXVIII -SERVICE IN CONGRESS - -My election to Congress in 1862 was contested by Judge Benjamin F. -Thomas, who was then a Republican member from the Norfolk district. -The re-districting of the State brought Thomas and Train into the same -district. I was nominated by the Republican Convention, and Thomas -then became the candidate of the "People's Party," and at the election -he was supported by the Democrats. His course in the Thirty-seventh -Congress on the various projects for compromise had alienated many -Republicans, and it had brought to him the support of many Democrats. -My active radicalism had alienated the conservative Republicans. As a -consequence, my majority reached only about 1,400 while in the -subsequent elections, 1864-'66-'68 the majorities ranged from five to -seven thousand. - - -Among the new members who were elected to the Thirty-eighth Congress -and who attained distinction subsequently, were Garfield, Blaine and -Allison. Wilson, of Iowa, had been in the Thirty-seventh Congress and -Henry Winter Davis had been a member at an earlier period. Mr. -Conkling was a member of the Thirty-seventh Congress, but he was -defeated by his townsman Francis Kernan under the influence of the -reactionary wave which moved over the North in 1862. At that time Mr. -Lincoln had lost ground with the people. The war had not been -prosecuted successfully, the expenses were enormous, taxes were heavy, -multitudes of families were in grief, and the prospects of peace -through victory were very dim. The Democrats in the House became -confident and aggressive. - -Alexander Long, of Ohio, made a speech so tainted with sympathy for -the rebels that Speaker Colfax came down from the chair and moved a -resolution of censure. Harris, of Maryland, in the debate upon the -resolution, made a speech much more offensive than that of Long. As a -consequence, the censure was applied to both gentlemen and as a further -consequence, the friends of the South became more guarded in -expressions of sympathy. It is true also, that there were many -Democrats who did not sympathize with Harris, Long, and Pendleton. -Voorhees of Indiana was also an active sympathizer with the South. I -recollect that in the Thirty-eighth or Thirty-ninth Congress he made a -violent attack upon Mr. Lincoln, and the Republican Party. The House -was in committee, and I was in the chair. Consequently I listened -attentively to the speech. It was carefully prepared and modeled -apparently upon Junius and Burke--a model which time has destroyed. - -Of the members of the House during the war period, Henry Winter Davis -was the most accomplished speaker. Mr. Davis' head was a study. In -front it was not only intellectual, it was classical--a model for an -artist. The back of his head was that of a prize fighter, and he -combined the scholar and gentleman with the pugilist. His courage was -constitutional and he was ready to make good his position whether by -argument or by blows. His speeches in the delivery were very -attractive. His best speech, as I recall his efforts, was a speech in -defense of Admiral Dupont. That speech involved an attack upon the -Navy Department. Alexander H. Rice, of Massachusetts, was the chairman -of the Naval Committee. He appeared for the Navy Department in an able -defence. Mr. Rice's abilities were not of the highest order, but his -style was polished, and he was thoroughly equipped for the defence. He -had the Navy Department behind him, and a department usually has a -plausible reason or excuse for anything that it does. - -An estimate of Mr. Davis' style as a writer and his quality as an -orator may be gained from a speech entitled:--"Reasons for Refusing to -Part Company with the South," which he delivered in February, 1861, -and in which he set forth the condition of the country as it then -appeared to him. These extracts give some support to the opinion -entertained by many that Mr. Davis was the leading political orator -of the Civil War period: - -"We are at the end of the insane revel of partisan license, which, for -thirty years, has, in the United States, worn the mask of government. -We are about to close the masquerade by the dance of death. The -nations of the world look anxiously to see if the people, ere they -tread that measure, will come to themselves. - -"Yet in the early youth of our national life we are already exhausted -by premature excesses. The corruption of our political maxims has -relaxed the tone of public morals and degraded the public authorities -from terror to the accomplices of evil-doers. Platforms for fools-- -plunder for thieves--offices for service--power for ambition--unity in -these essentials--diversity in the immaterial matters of policy and -legislation--charity for every frailty--the voice of the people is the -voice of God--these maxims have sunk into the public mind; have -presided at the administration of public affairs, have almost effaced -the very idea of public duty. The Government under their disastrous -influence has gradually ceased to fertilize the fields of domestic and -useful legislation, and pours itself, like an impetuous torrent, along -the barren ravine of party and sectional strife. It has been shorn of -every prerogative that wore the austere aspect of authority and power. - -"The consequence of this demoralization is that States, without regard -to the Federal Government, assume to stand face to face and wage their -own quarrels, to adjust their own difficulties, to impute to each -other every wrong, to insist that individual States shall remedy every -grievance, and they denounce failure to do so as cause of civil war -between States; and as if the Constitution were silent and dead and -the power of the Union utterly inadequate to keep the peace between -them, unconstitutional commissioners flit from State to State, or -assemble at the national capital to counsel peace or instigate war. -Sir, these are the causes which lie at the bottom of the present -dangers. These causes which have rendered them possible and made them -serious, must be removed before they can ever be permanently cured. -They shake the fabric of our National Government. It is to this -fearful demoralization of the Government and the people that we must -ascribe the disastrous defections which now perplex us with the fear of -change in all that constituted our greatness. The operation of the -Government has been withdrawn from the great public interests, in order -that competing parties might not be embarrassed in the struggle for -power by diversities of opinion upon questions of policy; and the -public mind, in that struggle, has been exclusively turned on the -slavery question, which no interest required to be touched by any -department of this Government. On that subject there are widely -marked diversities of opinion and interest in the different portions of -the Confederacy, with few mediating influences to soften the -collision. In the struggle for party power, the two great regions of -the country have been brought face to face upon the most dangerous of -all subjects of agitation. The authority of the Government was relaxed -just when its power was about to be assailed; and the people, -emancipated from every control and their passions inflamed by the -fierce struggle for the Presidency, were the easy prey of revolutionary -audacity. - -"Within two months after a formal, peaceful, regular election of the -chief magistrate of the United States, in which the whole body of the -people of every State competed with zeal for the prize, without any new -event intervening, without any new grievances alleged, without any new -measures having been made, we have seen, in the short course of one -month, a small proportion of the population of six States transcend the -bounds at a single leap at once of the State and the national -constitutions; usurp the extraordinary prerogative of repealing the -supreme law of the land; exclude the great mass of their fellow- -citizens from the protection of the Constitution; declare themselves -emancipated from the obligations which the Constitution pronounces to -be supreme over them and over their laws; arrogate to themselves all -the prerogatives of independent power; rescind the acts of cession of -the public property; occupy the public offices; seize the fortresses -of the United States confided to the faith of the people among whom -they were placed; embezzle the public arms concentrated there for the -defence of the United States; array thousands of men in arms against -the United States; and actually wage war on the Union by besieging -two of their fortresses and firing on a vessel bearing, under the flag -of the United States, reinforcements and provisions for one of them. -The very boundaries of right and wrong seem obliterated when we see a -Cabinet minister engaged for months in deliberately changing the -distribution of public arms to places in the hands of those about to -resist our public authority, so as to place within their grasp means -of waging war against the United States greater than they ever used -against a foreign foe; and another Cabinet minister, still holding his -commission under the authority of the United States, still a -confidential adviser of the President, and bound by his oath to -support the Constitution of the United States, himself a commissioner -from his own State to another of the United States for the purpose of -organizing and extending another part of the same great scheme of -rebellion; and the doom of the Republic seems sealed when the -President, surrounded by such ministers, permits, without rebuke, the -Government to be betrayed, neglects the solemn warning of the first -solider of the age, till almost every fort is a prey to domestic -treason, and accepts assurances of peace in his time at the expense of -leaving the national honor unguarded. His message gives aid and -comfort to the enemies of the Union, by avowing his inability to -maintain its integrity; and, paralyzed and stupefied, he stands amid -the crash of the falling Republic, still muttering, 'Not in my time, -not in my time; after me the deluge!'" - -Soon after Mr. Colfax's election as speaker of the Thirty-eighth -Congress, I met him in a restaurant. He expressed surprise that he had -not heard from me in regard to a place upon a committee. I said that -the subject did not occupy my thoughts--that I had work enough whether -I was upon a committee or not. He expressed himself as disturbed by -the fact that he could not give me as good a place as he wished to -give me. I tried to relieve his mind upon that point. In all my -legislative experience I never made any suggestion as to committee -work. Mr. Colfax placed me upon the Judiciary Committee, which, in the -end, was the best place to which I could have been assigned. - -Mr. Colfax was made of consequence in the country by the newspapers, -and he was ruined by his timidity. If he had admitted that he was an -owner of stock in the Credit Mobilier Company, not much could have -been made against him. His denials and explanations, which were either -false or disingenuous, and his final admission of a fact which implied -that he had been in the receipt of a quarterly payment from a post- -office contractor, completed his ruin. There was a time when the -country over-estimated his ability. He was a genial, kindly man, with -social qualities and an abundance of information in reference to men -in the United States and to recent and passing politics. He had -newspaper knowledge and aptitude for gathering what may be called -information as distinguished from learning. He was a victim to two -passions or purposes in life, that are in a degree inconsistent--public -life and money-making. Instances there have been of success, but I -have never known a case where a public man has not suffered in -reputation by the knowledge that he had accumulated a fortune while he -was engaged in the public service. As a speaker of the House, Colfax -was agreeable and popular, but he lacked in discipline. His rule was -lax, and there can be no doubt that from the commencement of his -administration there had been a decline in what may be termed the -morale of the House. Something of its reputation for dignity and -decorum had been lost. - -A young man from New York, Mr. Chanler, made a speech in the Thirty- -eighth or Thirty-ninth Congress, which seemed to favor the -Confederacy. This phase of his speech was due to the fact that he -was a transcendental State Rights advocate. He did not believe in -secession, as a wise and proper policy, but he did believe in the -right of a State to consult itself as to its continuance in the Union. -Chanler was not a strong man and he owed his election, probably, to his -connection with the Astor family. He failed to make the political -distinction clear to the mind of the House and he was followed by -General Schenck in a severe speech. Chanler explained and asserted -that he was not secessionist--that he was for the Union--that he had -served with the New York Seventh--and that he had made a tender to -General Dix of service on his staff, but that he had not received a -reply from General Dix. - -Thereupon S. S. Cox, who then represented a district in Ohio, made a -jocose reply to Schenck and a like defence of Chanler and ended with -the remark that he hoped his "colleague regretted having been guilty -of a groundless attack upon a solider of the Republic." I went over to -Cox to congratulate him upon his defence of Chanler, and in reply Cox -said: "The funniest part of it is that Chanler took it all in earnest -and came to my seat and thanked me for my speech." - -Cox had no malice in his nature and there was always a doubt whether he -had any sincerity in his politics. He had no sympathy with the -rebellion, and, generally, he voted appropriations for the army and -the navy. He was sincere in his personal friendships, and his -friendships were not upon party lines. In his political action he -seemed more anxious to annoy his opponents than to extinguish them. -His speeches were short, pointed, and entertaining. He was a favorite -with the House, but his influence upon its action was very slight. -Those who acquire and retain power are the earnest and persistent men. -When Cox had made his speech and expended his jokes he was content. -The fate of a measure did not much disturb or even concern him. - -Cox was party to an affair in the House which illustrated the -characteristics of Thaddeus Stevens, or "Old Thad," as he was called. -Late in the war, or soon after its close, Mr. Stevens introduced a -bill to appropriate $800,000 to reimburse the State of Pennsylvania for -expenses incurred in repelling invasions and suppressing insurrections. -The bill was referred to the Committee on Appropriations, of which -Stevens was chairman. Without much delay and before the holidays, -Stevens reported the bill. There was some debate, in which my -colleague, Mr. Dawes, took part against the bill. Finally the House -postponed the bill till after the holidays. During the recess I -examined the question by making inquiries at the War and Treasury -departments, where I found that authority existed for reimbursing -States for all expenditures actually made and for the payment of all -troops that had been mustered into the service. Thus the real purpose -of the bill was apparent. During the Antietam and Gettysburg campaigns -bodies of troops had been organized for defence and expenses had been -incurred by towns and counties, but no actual service had been -performed. It was intended by the appropriation to provide for the -payment of these expenses. I prepared a brief and gave it to Mr. -Dawes, who used it in the debate. When it became apparent that the -bill would be lost, Cox rose and moved to insert after the word -Pennsylvania, the words Maryland, West Virginia, Ohio, Indiana, -Kentucky, Illinois, Missouri, Kansas and the Territory of New Mexico. -Also to strike out $800,000 and insert ten million dollars. These -amendments brought to the support of the measure the members from all -those States, and the bill was passed. The Senate never acted upon -it. I was indignant at the action of the House, and I said to Stevens, -whose seat was near to mine: _"This is the most outrageous thing that -I have seen on the floor of the House."_ Stevens doubled his fist but -not in anger, shook it in my face and said: "You rascal, if you had -allowed me to have my rights I should not have been compelled to make -a corrupt bargain in order to get them." Thus he admitted his -arrangement with Cox and the character of it, and laid the -responsibility upon me. - -Mr. Stevens was a tyrant in his rule as leader of the House. He was at -once able, bold and unscrupulous. He was an anti-slavery man, a friend -to temperance and an earnest supporter of the public school system, and -he would not have hesitated to promote those objects by arrangements -with friends or enemies. He was unselfish in personal matters, but his -public policy regarded the State of Pennsylvania, and the Republican -Party. The more experienced members of the House avoided controversy -with Stevens. First and last many a new member was extinguished by his -sarcastic thrusts. As for himself no one could terrorize him. I -recall an occasion near the close of a session, when, as it was -important to get a bill out of the Committee of the Whole, he remained -upon his feet or upon his one foot and assailed every member who -proposed an amendment. Sometimes his remarks were personal and -sometimes they were aimed at the member's State. In a few minutes he -cowed the House, and secured the adoption of his motion for the -committee to rise and report the bill to the House. - -He must have been a very good lawyer. The impeachment article which -received the best support was from his pen. He possessed wit, -sarcasm and irony in every form. In public all these weapons were -poisoned, but in private he was usually genial. On one occasion -Judge Olin of New York was speaking and in his excitement he walked -down and up the aisle passing Stevens' seat. At length Stevens said: -"Olin, do you expect to get mileage for this speech?" - -During the controversy with Andrew Johnson, Thayer, of Pennsylvania, -became excited upon a matter of no consequence, denounced the report of -a committee, and in the course of his remarks said: "They ask us to -go it blind." Judge Hale, of New York, with an innocent expression, -said he would like to have the gentleman from Pennsylvania inform the -House as to the meaning of the phrase "go it blind." Stevens said at -once: "It means following Raymond." The pertinency of the hit was in -the circumstance that Raymond was supporting Johnson, and that Hale was -following Raymond, not from conviction but for the reason that they -had been classmates in college. - -Robert S. Hale was a man of large ability and a successful lawyer. -During his term in Congress he was a prominent candidate for a seat -upon the bench of the Court of Appeals of the State of New York. At -a critical moment he appeared in the House in the role of a reformer -and proceeded to arraign members for their action in regard to the -measure known as the "salary grab." The debate showed that Hale was -involved in the business to such an extent that he lost his standing -in the House and imperiled his chance of obtaining a seat upon the -bench of the Court of Appeals. - -The bill for the increase of the salaries of public officers was a -proper bill with the single exception that it should have been -prospective as to the members of Congress. It added $2,500 to the -annual salary of the Congressman or $5,000 for a term. The temptation -to give the benefit of the increase to the members of the then -existing House was too strong for their judgment and virtue. When, -however, the indignation of the people was manifested, more than a -majority of the members of each House sought refuge in a variety of -subterfuges. Some neglected to collect the increase, others who had -received the added sum, returned it to the Treasury upon a variety of -pretexts. Some endowed schools or libraries, and a minority received -what the laws allowed them and upon an assertion of their right to -receive it. Outside of the criminal classes there has but seldom been -a more melancholy exhibition of the weakness of human nature. The -members seemed not to realize that the wrong was in the votes for -which those members were alone responsible who had sustained the bill, -and that the acceptance of the salary which the law allowed was not -only a right but a duty. At the end those members who took the -salary and defended their acts enjoyed the larger share of public -respect. Indeed, not one of the shufflers gained anything by the -course that he had pursued. The public reasoned, and reasoned justly, -that they would have kept the money if they had dared to do so. - -Similar conduct ruined many of the members of Congress who were -beneficiaries of the Credit Mobilier scheme. Mr. Samuel Hooper was a -large holder of the stock, but being a man of fortune the public -accepted that fact as a defence against the suggestion that the stock -had been placed in his hands for the purpose of influencing his -action as a member of Congress. With others the case was different. -Many were poor men. They had paid no money for the stock. Mr. Ames -made the subscriptions, carried the stocks, and turned over the profits -to those who had paid nothing and risked nothing. When the -investigation was threatened, many of those who were involved ran to -shelter under a variety of excuses and some of them hoped to escape by -the aid of falsehood which ripened into perjury when the investigation -was made. A few admitted ownership and asserted their right to -ownership. Those men escaped with but little loss of prestige. Of the -others, some retained their hold upon public office and some were -advanced to higher places, but they carried always the smell of the -smoke of corruption upon their garments. - -Judge Hale defended Mr. Colfax, but at the end his condition was worse -than at the beginning. - -There is something of error in our public policy. With a few -exceptions, the salaries of public officers are too low--in many cases -they are meager. This fact furnishes a pretext for efforts to make -money while in the public service. All these efforts are adverse to -the public interests and often the proceedings are tainted with -corruption. A member of Congress ought to receive $7,500 and a -Cabinet officer cannot live in a manner corresponding to his station -upon less than $15,000. Adequate salaries would not prevent -speculation on the part of public officers, but they could not offer -as an excuse for their acts the meager salaries allowed by the -government. From the "salary grab" bill there were two good results. -The President's salary was increased to $50,000 and the justices of -the Supreme Court received $10,000 instead of $6,000 per annum. It has -not been any part of my purpose in what I have said in favor of an -increase of salaries to furnish means for campaign expenses by -candidates either before or after nominations have been made. - -If the statements are trustworthy that have been made publicly in -recent years the conclusion cannot be avoided that money is used -in elections for corrupt purposes--sometimes to secure nominations -and sometimes to secure elections, when nominations have been made. -There are proper uses for money in political contests, but candidates -should not be required to make contributions in return for support. -If the statements now made frequently and boldly, are truthful -statements, then we are moving towards a condition of affairs when the -offices of government will be divided between rich men and men who -seek office for the purpose of becoming rich. A general condition -cannot be proved by the experiences of individuals, but the -experiences of individuals may indicate a general condition. I cannot -doubt that an unwholesome change in the use of money in elections has -taken place in the last fifty years. A gentleman now living (1901), -who was a member of the National Committee of the Democratic Party in -the year 1856 is my authority for the statement that the total sum of -money at the command of the committee in the campaign for Mr. -Buchanan was less than twenty-five thousand dollars. - -I mention my own experience and in the belief that it was not -exceptional. From 1840 to 1850 I was the candidate of the Democratic -Party of Groton for representative of the town in the general court. -The party in the town met its moderate expenses by voluntary -contributions. I contributed with others, but never upon the ground -that I was a candidate. We paid our local expenses. We paid nothing -for expenses elsewhere, and we did not receive anything from outside -sources. In 1844-'46 and 1848 I was the candidate of the Democratic -Party for the National House of Representatives. I canvassed the -district at my own charge. I did not make any contribution to any one -for any purpose, and I did not receive financial aid from any source. -The subject was never mentioned to me or by me in conversation or -correspondence with any one. Again, I may say the subject was not -mentioned in my canvass for the office of Governor in the years 1849- -1850 and 1851. - -In 1862 I became the candidate of the Republican Party for a seat in -Congress. After my nomination the District Committee asked me for a -contribution of one hundred dollars. I met their request. The request -was repeated and answered in 1864, 1866 and 1868. On one occasion I -received a return of forty-two dollars with a statement that the full -amount of my contribution had not been expended. - -While General Butler was in the army, Mr. James Brooks, a member from -the city of New York, charged him, in an elaborate speech, with having -taken about fifty thousand dollars from a bank in New Orleans, and -appropriated the same to his own use. General Butler was then at -Willard's Hotel. That evening I called upon Butler, and said to him -that if he had any answer to the charge, I would reply the next day. -I had secured the floor through Mr. Stevens, who moved the adjournment -upon a private understanding that he would yield to me in case I -wished to reply. As Butler lived in my district and as I was ignorant -of the facts, I avoided taking the floor lest an expectation should be -created which I could not meet. However, I found Butler entirely -prepared for the contest. From his letter books he read to me the -correspondence with the Treasury Department, from which it appeared -that the money had been turned over to the department, for which -Butler had the proper receipts. The money had been seized upon the -ground that it was the property of the Confederacy and was in the bank -awaiting an opportunity to be transferred. The morning following, I -called upon Butler and obtained copies of the correspondence that had -been prepared the preceding night. I rode to the Capitol with Butler -and on the way we prepared the letters in chronological order. Having -obtained the floor through Mr. Stevens I made the answer which -consisted chiefly of the letters. It was so conclusive that the -subject was never again mentioned in the House of Representatives. On -that occasion Butler's habit of making and keeping a full record of his -doings served to release him from very serious charges, and so speedily -that the charges did not obtain a lodgment in the public mind. - -Upon another occasion Brooks made an attack upon Secretary Chase and -charged various offences upon S. M. Clark, then the chief of the -Bureau of Engraving and Printing. Some of the charges were personal, -and some of them official. I called upon the Secretary at his house, -as I was on my way home from the Capitol, and gave him a statement of -the charges made by Brooks. He seemed ignorant of the whole matter, -and upon my suggestion that he should ask Clark for his explanation or -defence he hesitated, and then asked me to call upon Clark for his -answer. This I declined and there the matter ended. There never was -any reply to Brooks. In the end it may have been as well, for the -charges are forgotten, and they are not likely to be brought out of the -musty volumes of debates. Mr. Chase's lack of resolution gave me an -unfavorable impression of his ability for administrative affairs. - -Samuel J. Randall first entered Congress in 1862. Mr. Randall's -resources were limited. He was not bred to any profession, and he was -not a man of learning in any direction. I cannot imagine that he had -a taste for study at any kind of investigation aside from politics. -By long experience he became familiar with parliamentary proceedings, -and from the same source he acquired a knowledge of the business of -the Government. He had one essential quality of leadership--a strong -will. Moreover, he was destitute, apparently, of moral perceptions in -public affairs. Not that he was corrupt, but as between the Government -and its citizens the demands of what is called justice seemed to have -no effect upon him. He did not hesitate to delay the payment of a just -claim in order that the appropriation might be kept within the limits -that he had fixed. This, not on the ground that the claim ought not be -paid, but for the reason that the payment at the time would disarrange -the balance sheet. A striking instance of his policy was exhibited in -his treatment of the land-owners whose lands were condemned and taken -for the reservoir at the end of Seventh Street, Washington, D. C. The -values were fixed by a commission and by juries under the law, and when -the time for an appropriation came, Mr. Randall provided for fifty per -cent. and carried the remainder over to the next year. The claimants -were entitled to full payment, but one half was withheld for twelve -months without interest and that while dead funds were lying in the -Treasury. - - -XXIX -INCIDENTS IN THE CIVIL WAR - -THE PROCLAMATION OF EMANCIPATION - -When the Proclamation of Emancipation, of January 1, 1863, was issued, -the closing sentence attracted universal attention, and in every part -of the world encomiums were pronounced upon it. The words are these: -"And upon this act, sincerely believed to be an act of justice, -warranted by the Constitution upon military necessity, I invoke the -considerate judgment of mankind and the gracious favor of Almighty -God." Following the appearance of the Proclamation, and stimulated, -possibly, by the reception given to the sentence quoted, there appeared -claimants for the verbal authorship of the passage, or for suggestions -which led to its writing by Mr. Lincoln. - -A claim for exact authorship was set up for Mr. Chase, and claims for -suggestions in the nature of exact authorship were made in behalf of -Mr. Seward and in behalf of Mr. Sumner. - -The sentence quoted was furnished by Mr. Chase, after a very material -alteration by the President. He introduced the words, _"warranted by -the Constitution upon military necessity,"_ in place of the phrase, -_"and of duty demanded by the circumstances of the country,"_ as -written by Mr. Chase. - -The main credit for the introduction of the fortunate phrase is due to -Secretary Chase. President Lincoln placed the act upon a legal basis, -justifying it in law and in history. The sentence is what we might -have expected from the head and heart of the man who wrote the final -sentence of the first inaugural address: "The mystic chords of -memory, stretching from every battlefield and patriot grave to every -living heart and hearthstone, all over this broad land, will yet -swell the chorus of the Union, when again touched, as surely they will -be, by the better angels of our nature." Mr. Lincoln had genius for -the work of composition, and the poetic quality was strong and it was -often exhibited in his speeches and writings. The omission of the -sentence in question would so mar the Proclamation that it would cease -to represent Mr. Lincoln. Thus he became under great obligations to -Mr. Chase. - -It was not in the nature of Mr. Lincoln to close a state paper, which -he could not but have realized was to take a place by the side of the -Declaration of Independence, with a bald statement that the freedmen -would be received "into the armed service of the United States to -garrison forts, positions, stations, and other places, and to man -vessels of all sorts in said service." - -In the month of October, 1863, the ladies of Chicago made a request of -Mr. Lincoln for "the original" of his "proclamation of freedom," the -same to be disposed of "for the benefit of the soldiers." The letter -in their behalf was written by Mr. Arnold, who was then a member of -Congress. Improvidently, I think we may say, Mr. Lincoln yielded to -their request for the original draft of the Proclamation to be sold -for the benefit of the fair. Its transmission was accompanied by a -letter, written by Mr. Lincoln. - -"EXECUTIVE MANSION, -"WASHINGTON, -"_October_ 26, 1863. - -_"Ladies having in charge The North Western Fair for the Sanitary - Commission, Chicago, Ill._ - -"According to the request made in your behalf, the original draft of -the Emancipation Proclamation is herewith enclosed. The formal words -at the top and at the conclusion, except the signature, you perceive, -are not in my handwriting. They were written at the State Department, -by whom I know not. The printed part was cut from a copy of the -preliminary Proclamation and pasted on merely to save writing. - -"I have some desire to retain the paper, but if it shall contribute -to the relief of the soldiers, that would be better. - -"Your obt. servt., -"A. LINCOLN." - -In technical strictness the original Proclamation was of the archives -of the Department of State when the signature of the President and -Secretary of State had been affixed thereto, and its transfer by Mr. -Lincoln was an act not within his competency as President, or as the -author of the Proclamation. - -This point, however, is wholly speculative, but the country and -posterity will be interested in the fate of the original of a document -which is as immortal as the Declaration of Independence. The -Proclamation was sold to the Honorable Thomas B. Bryan of Chicago for -the sum of three thousand dollars and it was then presented by him to -the Soldiers' Home of Chicago, of which he was then President. That -position he still retains. The document was deposited in the rooms of -the Chicago Historical Society, where it was destroyed in the great -fire of 1871. - -Fortunately the managers of the fair had secured the preparation of -_fac simile_ copies of the Proclamation. These were sold in large -numbers, and thus many thousands of dollars were added to the receipts -of the fair. - -The managers of the Soldiers' Home were offered twenty-five thousand -dollars for the original Proclamation.* The offer came from a -showman who expected to reimburse himself by the exhibition of the -paper. - -The original now on the files of the State Department is not in the -handwriting of Mr. Lincoln and it has therefore no value derived from -Mr. Lincoln's personality. - -When I entered upon this inquiry, which has resulted in the preparation -of this paper, I was ignorant of the fact that the original -Proclamation had been destroyed, and it was my purpose to secure its -return to the archives of the Department of State. That is now -impossible. Its destruction has given value to the _fac simile_ -copies. Many thousands of them are in the possession of citizens of -the United States, and they will be preserved and transmitted as -souvenirs of the greatest act of the most illustrious American of this -century. - -In the early autumn of 1864 a meeting was held in Faneuil Hall in -honor of the capture of Atlanta by the army under General Sherman, and -the battle in Mobile Bay under the lead of Admiral Farragut. Strange -as the fact may now appear, those historical events were not accepted -with satisfaction by all the citizens of Boston. The leading -Democratic papers gave that kind of advice that may be found, usually, -in the columns of hostile journals, when passing events are unfriendly, -or when there is an adverse trend of public opinion. Hard words should -not be used and nothing should be said of a partisan character. Such -was the advice, and a large body of men assembled who were opposed to -partisan speeches. They were known as the McClellan Club of the -North End of Boston and they were sufficient in numbers, when standing, -to fill the main floor in front of the rostrum, which at that time was -not provided with seats. The meeting was called by Republicans and it -was conducted under the auspices of Republicans. Governor Andrew was -to preside and Governor Everett, with others, had been invited to -speak. Governor Andrew was not blessed with a commanding voice and it -was drowned or smothered by the hisses, cheers and cat-call cries of -the hostile audience in front of him. The efforts of the sympathetic -audience in the galleries were of no avail. Mr. Everett's letter was -then read, but not a sentence of it was understood by any person in the -assembly. Next came Mr. Sennott, an Irishman, a lawyer, and a man of -large learning in knowledge and attainments not adapted to general use. -He had then but recently abandoned the Democratic Party, but there was -a stain upon his reputation, traceable to the fact that in the year -1859 he had volunteered to aid in the legal defence of John Brown at -Harper's Ferry. The city of Boston could not have offered a person -less acceptable to the crowd in front of the speaker. Mr. Sennott's -voice was weak and of the art of using what power he possessed he had -no knowledge. His speech was not heard by anyone in the assembly. -By the arrangement I was to follow Mr. Sennott. I had had some -experience with hostile audiences, and in the year 1862 I had been -interrupted in a country town of Massachusetts by stones thrown -through the windows of a hall in which I was speaking upon the war and -the administration. - -As I sat upon the platform I studied my audience and I resolved upon my -course. I had one fixed resolution--I should get a hearing or I should -spend the night in the hall. Something of the character of my -reception and the results reached may be gained from the report of the -Boston _Journal_, and I copy the report without alteration, premising -however that some minutes passed before I secured a quiet hearing. - -SPEECH ON THE CHICAGO RESOLUTION - -_Fellow Citizens:_ It depends very much upon what we believe as to the -future of this country and the rights of the people, whether we rejoice -or mourn in consequence of the events in Mobile Bay and before Atlanta. -If it was true on the 30th day of last month that the people of this -country ought to take immediate efforts for the cessation of -hostilities, then, gentlemen, we have cause to mourn rather than to -rejoice. I understand that there were some people in this country, -who, before the 30th of August, since this was opened, had not, as an -aggregate body of men, expressed their opinions in reference to this -war, who then declared that it ought to cease. (A voice--"They're -few.") I observed in a newspaper published in this city two -observations within the last two days. One was that they were afraid -hard names would be used; and the other was that there was some -apprehension that this meeting to-night would have some political -aspect or influence. (Voices--"No! No!") I thought it likely -enough that it would (laughter and applause) because I observed in the -newspapers that it was called to express congratulations over the -events which had taken place in Mobile Bay and before Atlanta, and I -thought that I had observed that those events had rather a political -effect. (Renewed laughter.) Therefore I did not see exactly how it -was possible that men should assemble together to rejoice over events -having a political aspect without the meeting and the rejoicing having -a political aspect also. Well, now, gentlemen, I haven't come here -with any design that, so far as I am concerned, it shall have anything -but a political aspect. ("Good" and applause.) These times are too -serious for the acceptance of any suggestion that hard names are not -to be called if hard names are deserved. (Voices--"That is it!") The -question is not whether the meeting shall have a political influence, -but whether it is necessary to the salvation of the country that it -shall have a political influence. (Applause.) Well, gentlemen, I -observed while the person who last occupied the platform was speaking -certain indications, which I thought were a slight deviation from the -much talked-of right of free speech. (Laughter, and a voice--"Hit 'em -again.") Now, then, I am going to read a resolution adopted at -Chicago. I am going to make two propositions in reference to it. I am -then going to ask whether this assembly assents to or rejects those -propositions. If there is any man in this assembly who denies or -doubts those propositions, if I have the consent of the honored -chairman of this meeting to ten minutes of time in which I can engage -the ear of the assembly, I surrender it to that man, that he may have -the opportunity upon this platform to refute, if he can, the -propositions which I lay down. (Applause.) Now the second resolution -of this platform is in these words-- - -(At this point there was considerable disturbance in the rear of the -hall, created by one individual, and several voices cried out--"Free -speech!" "Out with him!") - -Mr. Boutwell continued: He will be more useful to the country if he -remain here. If he goes away there is no chance for his conversion to -the truth: if he remain here he may be saved. (Laughter.) "The vilest -sinner may return, While the lamp holds out to burn." (Renewed laughter -and applause.) I hope gentlemen who favor free speech will listen -attentively to this resolution: - -_"Resolved,_ That this convention does explicitly declare as the sense -of the American people, that after four years of failure to restore -the Union by the experiment of war, during which under pretence of -military necessity, or war power higher than the Constitution, the -Constitution has been disregarded in every part and public liberty and -private rights alike trodden down, and the material prosperity of the -country essentially impaired, justice, humanity, liberty and the public -welfare demand that immediate efforts be made for a cessation of -hostilities with a view to an ultimate convention of all the States, or -other peaceable means, to the end that at the earliest practicable -moment peace may be restored on the basis of a Federal Union of the -States." - -(The resolution was greeted with a feeble clapping of hands, a slight -attempt at cheers in the rear of the hall, and a storm of hisses. Mr. -Boutwell continued:) - -If there are any gentlemen here who approve this resolution, I hope -they will have the opportunity to cheer. (About half a dozen persons -commenced to cheer, but abandoned it on hearing their own voices, -when a voice exclaiming "These are the Copperheads," caused loud -laughter. The speaker proceeded:) - -Now then, gentlemen, the two propositions I lay down are these, and if -any one of those gentlemen who indulged in the luxury of a cheer just -now chooses to come upon this platform, I fulfill my pledge: The first -is that this resolution, so far as known, meets the approval of the -rebels in arms against this government. (Voices--"That's so," and -cheers.) The second is that this resolution meets the approval of all -the men in the North who sympathize with the cause of this rebellion -and desire its success. (Repeated cheers and "That's it.") Now, then, -if there is any one who would deny the truth of these propositions, let -him, with the leave of the chair, take ten minutes upon this platform. -(Some confusion ensued, several voices shouting "Make room for George -Lunt," "Where's Lunt?" etc., etc., etc. No one appearing, Mr. Boutwell -continued:) If there is nobody to refute these propositions, I take it -for granted that they meet the general assent of this vast assembly. -(cries of "Good" and cheers); and, if so, isn't this the time, when a -great convention professing to represent a portion of the American -people in time of war, not having spoken since hostilities commenced, -frame a leading resolution so as to meet the assent and approval of -the enemies of the Republic--isn't this the time, when such things are -done, for men who have a faith in the country and a belief in its right -to exist, to declare the reasons of that belief? (Voices--"Yes.") Now -I propose to discuss that resolution in some degree. First, it -proposes a cessation of hostilities. I have heard the word armistice -mentioned to-night. The declaration of that resolution is not for an -armistice. An armistice, according to its general acceptation and -use, implies a suspension of hostilities upon the expectation and -condition that they are to be resumed; and if hostilities are not to -be resumed then a cessation of hostilities is an abandonment of the -Government. It is treason. (Voices--"That's so," and loud and -continued cheers.) I declare here that the proposition for a -cessation of hostilities is moral and political treason (voices-- -"Good"); and, further, every man who knowingly and after investigation, -and upon his judgment favors a cessation of hostilities, is a traitor. -(Loud cheers.) The issue, gentlemen, is no longer upon the tented -field. No danger there to the cause of the Union. The soldiers are -true to the flag and they will fight on and march on until the last -rebel has fallen to the dust or laid down his arms. The soldiers are -true, but the cause of the Union is in peril at home (voices--"That's -where it is"), where secret organizations are mustering their forces -and gathering in material of war for which there can be no possible use -except to revolutionize this country through the fearful experience of -civil war. (A voice--"Shame on them.") O how I long for some -knowledge of the English language so that I may select a word or a -phrase which shall fully express the enormity of this treason! (Voices ---"Hang them." "String them up.") - -The rebels of the South have some cause. They believe in the -institution of slavery,--they have been educated under its influence. -They thought it in peril. They made war with some pretence on their -part for a reason for war, but what excuse, what palliation is there -for those men in the North, who, regardless of liberty, of justice, and -of humanity, ally themselves, openly some and secretly others, with the -enemies of the Republic? Spare, spare, your anathemas, gentlemen. Do -not longer employ the harsh language which you can command in -denunciation of Southern traitors. They of the North who give aid and -comfort to the enemy deserve to monopolize in the application all the -harsh words and phrases of the English language. (Applause.) -Cessation of hostilities--what follows? Dissolution of the Union -inevitably. Will not Jefferson Davis and his associates understand -that when we have ceased to make war, when our armies become -demoralized, public sentiment relaxed, when they have had opportunity -to gather up the materials for prosecuting this contest, that we -cannot renew the contest with any reasonable hope of success. -Therefore, if you abandon this contest now, it is separation--that is -what is meant, and nothing else can follow. But suppose that what -some gentlemen desire could be accomplished,--a reconstruction of the -Union by diplomatic relations inaugurated between this Government and -Jefferson Davis'--suppose the South should return--what follows? When -you have permitted Jefferson Davis and his associates to come back and -take their places in the government of this country, do you not see -that with the help of a small number of representatives from the North -whose services they are sure to command, they will assume the war debt -of the South. When you have assumed that debt, and taken the -obligation to pay it, these men of the South will treat the obligation -lightly, and upon the first pretext will renew secession and will -march straight out of the Union, and you, with your embarrassed -finance, will find yourselves unable to institute military proceedings -for their subjugation. Therefore I say that by the reconstruction -some men desire you render secession certain, bankruptcy throughout -the North certain. The repudiation of the Public Debt is not a matter -of expectation or fear, it is a matter of certainty, if you assent to -any reconstruction of this Union through the instrumentality of -Jefferson Davis and his associates. You must either drive them into -exile or exterminate them. Break down the military power of the -people, and exterminate or exile their leaders, and bring up men at -the South in favor of the Union--there is no other way of security to -yourselves. (Cheers.) Now, then, are you prepared to cease -hostilities with the expectation of negotiations with Jefferson Davis -for the dissolution of the Union or for its restoration? (Voices-- -"No!") Either course is alike fatal to you, for the war must go on -until peace is conquered. (Loud cheers and voices--"That's so.") On -the one side they offer you as negotiators Franklin Pierce, perhaps, -and A. H. Stephens; on the other, possibly one of the Seymours, either -of Connecticut or New York, Wise of Virginia, Vallandingham of Ohio, -and Soule of Louisiana. The only negotiators, gentlemen, to be -trusted as long as the war continued or there is a rebel in arms--the -only negotiators are Grant upon one line and Sherman upon the other. -(Tremendous cheers.) - -A Voice--"You have left out Mr. Harris of Maryland." - -Mr. Boutwell--"According to the reports, etc., we have had from -Chicago, he conducts negotiations upon his own account." - -Voice--"How are you, Mr. Harris?" - -Mr. Boutwell--"What does the cessation of hostilities mean? It means -that the blockade is to be removed, and the South be allowed to -furnish itself with materials and munitions of war. What does that -mean on the land? What does it mean on the sea? That you are to furl -your flag at Fortress Monroe on the Petersburg line; that you are to -remove your gunboats from the Mississippi River; that you are to -abandon Fort Jackson and Fort St. Philip at its mouth; that you are to -undo the work which the gallant Farragut has already done in Mobile -Bay, and so along the coast and upon the line from the Atlantic beyond -the Mississippi River. You, people of the North, who have been -victorious upon the whole through three years of war--you are to -disgrace your ancestry--you are to render yourselves infamous in all -future time, by furling your flag and submitting anew to rebel -authority upon this continent. Are you prepared for it? (Voices-- -"No!" "never!") I ask these men here, who cheered the resolution -adopted at Chicago, whether they, men of Massachusetts, and in Faneuil -Hall, will say, one of them, with his face to the patriots of the -Revolution--will say that he asks for peace through any craven spirit -that is within him? Is there a man among them all, from whatsoever -quarter of this city, renowned in history--is there a man of them all -who will stand here and say he is for the cessation of hostilities? If -so, let him speak, and let him, if he dare, come upon this platform and -face his patriotic fellow-citizens. (A call was made for cheers for -McClellan in the rear of the hall, but nobody seemed disposed to -respond. The speaker continued.) I am willing a cheer should be given -for any man who has been in the service of the country, however little -he may have done. Is there any man in Faneuil Hall for peace? (Voices ---"No!") I intended, so far as was in my power, to give to this -meeting a political aspect (voices--"Good!") in favor of the country -and against traitors. (Cheers.) If there are no peace men in this -assembly, then that object, as far as we are concerned, is -accomplished. (Prolonged cheering.) - -MR. CHASE AND THE CHIEF JUSTICESHIP - -Upon the death of Chief Justice Taney the general public favored the -appointment of Mr. Chase as his successor. In that view I concurred, -but I had heard Mr. Chase make so many unjust criticisms upon Mr. -Lincoln that I resolved to say nothing. I was willing to have Mr. -Chase appointed, but I was not willing to ask the President to confer -so great a place upon a man who had been so unjust to him. When the -nomination had been made, I said to Mr. Lincoln that I was very glad -that he had decided to appoint Mr. Chase. He then said: "There are -three reasons in favor of his appointment, and one very strong reason -against it. First, he occupies the largest place in the public mind -in connection with the office, then we wish for a Chief Justice who -will sustain what has been done in regard to emancipation and the legal -tenders. We cannot ask a man what he will do, and if we should and he -should answer us, we should despise him for it. Therefore we must take -a man whose opinions are known. But there is one very strong reason -against his appointment. He is a candidate for the Presidency, and if -he does not give up that idea it will be very bad for him and very bad -for me." At that time Mr. Lincoln had been re-elected to the -Presidency. - -Mr. Chase continued to be a candidate for the Presidency. He abandoned -the Republican Party in 1868 and as Chief Justice he abandoned his own -policy or the policy that he had adopted in regard to the legal tender -currency. - -It was said that Mr. Sumner, who was very earnest for Chase's -appointment, gave strong pledges to Mr. Lincoln that Mr. Chase would -abandon his ambition for the Presidency. - -RIGHTS OF STATES - -In 1864 I introduced a series of resolutions in the House of -Representatives in the form of a Declaration of Opinion in regard to -the legal status of the States in rebellion. At that time the country -and Congress had no doubt of our ability to crush the rebellion, and -the public mind was occupied with various theories of reconstruction. - -The resolutions had been already adopted by the National Union League. -I prepared them at the instance of Governor Claflin and their -adoption by the League had made the policy known to a large body of -active Republicans. I did not seek to secure their adoption by the -House of Representatives. The resolutions were in this form: - -_"Resolved,_ That the Committee on the Rebellious States be instructed -to consider and report upon the expediency of recommending to this -House the adoption of the following - -_Declaration of Opinions:_ - -"In view of the present condition of the country, and especially in -regard to the recent signal successes of the national arms promising -a speedy overthrow of the rebellion, this House makes the following -declaration of opinion concerning the institution of slavery in the -States and parts of States engaged in the rebellion, and embraced in -the proclamation of emancipation issued by the President on the first -day of January, A. D. 1863: and also concerning the relations now -subsisting between the people of such States and parts of States on -the one side, and the American Union on the other. - -_"It is therefore declared_ (as the opinion of the House of -Representatives), that the institution of slavery was the cause of the -present rebellion, and that the destruction of slavery in the -rebellious States is an efficient means of weakening the power of the -rebels; that the President's proclamation whereby all persons -heretofore held as slaves in such States and parts of States have been -declared free, has had the effect to increase the power of the Union, -and to diminish the power of its enemies; that the freedom of such -persons was desirable and just in itself, and an efficient means by -which the Government was to be maintained, and its authority re- -established in all the territory and over all the people within the -legal jurisdiction of the United States; that it is the duty of the -Government and of loyal men everywhere to do what may be practicable -for the enforcement of the proclamation, in order to secure in fact, -as well as by the forms of law, the extinction of slavery in such -States and parts of States; and, finally, that it is the paramount -duty of the Government and of all loyal men to labor for the -restoration of the American Union upon the basis of freedom. - -_"And this House does further declare,_ That a State can exist or cease -to exist only by the will of the people within its limits, and that it -cannot be created or destroyed by the external force or opinion of -other States, or even by the judgment or action of the nation itself; -that a State, when created by the will of its people, can become a -member of the American Union only by its own organized action and the -concurrent action of the existing National Government, that, when a -State has been admitted to the Union, no vote, resolution, ordinance, -or proceeding on its part, however formal in character or vigorously -sustained, can deprive the National Government of the legal -jurisdiction and sovereignty over the territory and people of such -State which existed previous to the act of admission, or which were -acquired thereby; that the effect of the so-called acts, resolutions -and ordinances of secession adopted by the eleven States engaged in -the present rebellion is, and can only be, to destroy those political -organizations as States, while the legal and constitutional -jurisdiction and authority of the National Government over the people -and territory remain unimpaired; that these several communities can be -organized into States only by the will of the loyal people, expressed -freely and in the absence of all coercion; that States so organized can -become States of the American Union only when they shall have applied -for admission, and their admission shall have been authorized by the -existing National Government; that, when a people have organized a -State upon basis of allegiance to the Union and applied for admission, -the character of the institutions of such proposed State may constitute -a sufficient justification for granting or rejecting such application; -and, inasmuch as experience has shown that the existence of human -slavery is incompatible with a republican form of government, in the -several States or in the United States, and inconsistent with the -peace, prosperity and unity of the nation, it is the duty of the people -and of all men in authority, to resist the admission of slave States -wherever organized within the jurisdiction of the National Government." - -The logical consequence of these positions was that upon the conquest -of the States engaged in the rebellion the National Government could -govern the people as seemed expedient and readmit them into the Union -at such times and upon such terms as the Government should dictate. -They antagonized the doctrine then accepted by many Republicans-- -"Once a State always a State"--a doctrine that would have transferred -the government at once into the hands of the men who had been engaged -in an effort to destroy it. - -Mr. Sumner was wiser in this respect. His theory that the -rebellious States should be reduced to a Territorial condition was in -harmony with the views that were embodied in the resolutions. At the -time, however, they did not receive the support of all the members of -the Republican Party. - -Mr. Stevens maintained the doctrine that the rebel States were -conquered States and wholly subject to the power of the conqueror. -In his view their previous condition as States in the Union had no -value. But Mr. Stevens was never troubled by the absence of logic or -argument. In the case of the rebel States he intended to assert power -enough to meet the exigency and he was free of all fear as to the -judgement of posterity. When he had formed a purpose he looked only -to the end. If he could command the adequate means he left all -questions of logic and ethics to other minds and to future times. - -Others maintained that the theory that the States were in a Territorial -condition or that they had ceased to exist as States, was an admission -of the doctrine of secession. Mr. Lincoln in his last public address -cut clear of all theories and resolved the situation into a simple -statement of a fact to which all were compelled to assent: "We all -agree, that the seceded States so-called, are out of their proper -practical relations with the Union." On this basis Congress finally -acted, but during the process and progress of reconstruction the -military authority was absolute, and local and individual powers were -completely subordinated to the authority of the General Government. - -COUNTING THE ELECTORAL VOTES - -In 1865 and 1869, questions were raised when the electoral votes were -counted, that gave rise to debates in the House of Representatives and -on one occasion subsequently in the Senate. In the House, Francis -Thomas of Maryland and Samuel Shellabarger of Ohio took part. Both -were able men. Thomas had the qualities of an orator but he spoke so -infrequently that his power was not generally appreciated. On that -occasion he spoke exceedingly well, but the attendance was small, an -evening session having been assigned for debate upon that subject. -Mr. Shellabarger was logical and effective but he was destitute of -imagination utterly. At the bar since his retirement from politics he -has enjoyed a large practice, but, unfortunately, as it appears to me, -he has preserved the style of speaking which he acquired upon the -stump and in Congress. A skillful speaker must adapt himself to the -circumstance and to his audience. A stump speech, a speech in the -House of Representatives, a speech in the Senate, an argument to a -court, an argument to a jury, should each be framed on a model of its -own. Neither style will answer for any other. The degree of variance -may not be considerable and with a well disciplined person the change -may not be apparent. Mr. Webster adapted himself to every audience, -but the changes were slight. Yet there were changes. He was not over -solemn in the Supreme Court, and he was never boisterous when he -addressed the multitude. - -As far as I recollect my positions and arguments in the debates upon -the counting of the electoral votes, I now discard all I said then. -My present conclusion is that upon a reasonable construction of the -Constitution there is no occasion for legislation or for an amendment -to the fundamental law. The Vice-President or the President of the -Senate is the president of the convention. He carries into the chair -the ordinary powers of a presiding officer. He rules upon all -questions that arise. He may and should rule upon the various -certificates that are sent up by the several States. If, in any case, -his ruling is objected to, the two Houses separate, and each House -votes upon the question:--"Shall the ruling of the Chair stand, etc." -If the Houses divide, the ruling is sustained. The president and one -House are a majority. The decision is in accordance with our system of -government. The suggestion that the president or that the Houses may -act under the influence of personal or political prejudice, may, with -equal force, be urged against any scheme that can be devised. The -counting of the electoral votes must be left in the hands of men, and -the Constitution has given us all the security that can be had that the -decision will be honestly made. The president of the convention and -the members of the Houses are bound by oath as solemnly as are the -judicial tribunals of the country. A judge is only a man, and he is -subject to like infirmities with other men. It is a wise feature of -our system that the courts have no voice in the political department -of our Government. The presidential office should never be in the -control of the judicial branch of the Government. - -[* Letter of the Honorable Thomas B. Bryan.] - - -XXX -THE AMENDMENTS TO THE CONSTITUTION - -I had no part in the preparation of the Thirteenth Amendment to the -Constitution, nor any part in its passage through the House other than -to give my vote in its favor. The Amendment resolution was passed by -the Thirty-eighth Congress at its last session and by the aid of -Democrats. The elections of 1864 had resulted in a two-thirds majority -and it was therefore certain that the resolution would be agreed to by -the next House. Hence there was less inducement for the Democrats to -resist its passage by the Thirty-eighth Congress. A small number of -Democrats favored the measure. English of Connecticut and Ganson of -New York were of the number. There were others also whose names I do -not recall. At the time of the contest a rumor was abroad that James -M. Ashley, of Ohio, was engaged in making arrangements with certain -Democrats to absent themselves from the House when the vote was taken. -Several were absent--some were reported in ill health. Mr. Ashley was -deeply interested in the passage of the resolution and it was believed -that he made pledges which no one but the President could keep. Such -was the exigency for the passage of the resolution that the means were -not subjected to any rigid rule of ethics. - -The Fourteenth Amendment had its origin in a joint committee of fifteen -of which Mr. Fessenden of Maine was chairman. A record of its -proceedings was kept which was printed recently by order of the -Senate. From that report it appears that I proposed an amendment for -conferring the right to vote upon the freedmen of the State of -Tennessee. As far as I know that was the first time the proposition -was made in connection with the proceedings of Congress. The -committee did not concur in the proposition. Indeed the time had not -come for decisive action in that direction. The motion was made in -the committee the 19th day of February, 1866, when the admission of -the State of Tennessee into the Union was under consideration. The -motion was in these words: "Said State shall make no distinction in -the exercise of the elective franchise on account of race or color." -The motion was lost by the following vote: - -Yeas: Howard, Stevens, Washburne, Morrill, Boutwell. -Nays: Harris, Williams, Grider, Bingham, Conkling, Rogers. -Absent: Fessenden, Grimes, Johnson, Blow. - -The 16th day of April Senator Stewart, of Nevada, came before the -committee in support of a similar proposition that he had introduced -in the Senate April 7. - -In January, 1866, a bill was under discussion in the House of -Representatives for the establishment of a government in the District -of Columbia. Mr. Hale of New York moved amendments by which the right -of suffrage by negroes would be limited to those who could read and -write, to those who had performed service in the army or navy or who -possessed property qualifications. The amendment was defeated. My -views were thus stated in one of the very small number of my speeches -that have had immediate influence upon an audience or an assembly: - -"I am opposed to the instructions moved by the gentleman from New -York, because I see in them no advantage to anybody, and I apprehend -from their adoption much evil to the country. It should be borne in -mind, that, when we emancipated the black people we not only relieved -ourselves from the institution of slavery, we not only conferred upon -them their freedom, but we did more; we recognized their manhood, -which, by the old Constitution and the general policy and usage of the -country, had been, from the organization of the Government until the -Emancipation Proclamation, denied to all the enslaved colored people. -As a consequence of the recognition of their manhood, certain results -follow, in accordance with the principles of the Government; and they -who believe in this Government are, by necessity, forced to accept -those results as a consequence of the policy of emancipation which they -have inaugurated, and for which they are responsible. - -"But to say now, having given freedom to the blacks, that they shall -not enjoy the essential rights and privileges of men, is to abandon -the principle of the Proclamation of Emancipation, and tacitly to admit -that the whole emancipation policy is erroneous. - -* * * "What are the qualifications suggested? They are three. First -and most attractive, service in the army or navy of the United States. -I shall have occasion to say, if I discuss, as I hope to discuss, the -nature and origin of the right of voting, that there is not the least -possible connection between service in the army and navy and the -exercise of the elective franchise,--none whatever. These men have -performed service, and I am for dealing justly with them because they -have performed service. But I am more anxious to deal justly by them -because they are men. And when it is remembered, that, for months and -almost for years after the opening of the rebellion, we refused to -accept the services of colored persons in the armies of the country, -it is with ill grace that we now decline to allow the vote of any man -because he has not performed that service. - -"The second is the property qualification. I hope it is not necessary -in this day and this hour of the Republic to argue anywhere that a -property qualification is not only unjust in itself, but that it is -odious to the people of the country to a degree which cannot be -expressed. Everywhere, I believe, for half a century, it has been -repudiated by the people. Does anybody contemplate such a -qualification to the elective franchise, in the case of black people -or white? - -"And next, reading and writing, or reading as a qualification, is -demanded; and an appeal is made to the example of Massachusetts. I -wish gentlemen who now appeal to Massachusetts would often appeal to -her in other matters where I can more conscientiously approve her -policy. But it is a different proposition in Massachusetts as a -practical measure. - -"When, ten years ago, this qualification was imposed upon the citizens -of Massachusetts, it excluded no person who was then a voter. For two -centuries, we have had in Massachusetts a system of public instruction, -open to the children of the whole people without money and without -price. Therefore all the people there had had opportunities for -education. Why should the example of such a State be quoted to -justify refusing suffrage to men who have been denied the privilege -of education, and whom it has been a crime to teach? - -* * * "The negro has everywhere the same right to vote as the white -man, and I maintain still further, that, when you proceed one step -from this line, you admit that your government is a failure. What is -the essential quality of monarchical and aristocratic governments? -Simply that by conventionalities, by arrangements of conventions, some -persons have been deprived of the right of voting. We have attempted -to set up and maintain a government upon the doctrine of the equality -of men, the universal right of all men, to participate in the -government. In accordance with that theory, we must accept the ballot -upon the principle of equality. It is enjoyed by the learned and un- -learned, the wise and the ignorant, the virtuous and the vicious. - -"The great experiment is going on. If, before the war, any man in -this country was disposed to undervalue a government thus conducted, he -should have learned by this time the wisdom and strength of a -government which embraces and embodies the judgment and the will of the -whole people. If the negroes of the South, four million strong, had -been endowed with the elective franchise, and had united with the -white people of that region in the work of rebellion, your armies would -have been powerless to subdue that rebellion, and you would to-day have -seen your territory limited by the Potomac and the Ohio. - -* * * "We are to answer for our treatment of the colored people of this -country; and it will prove in the end impracticable to secure to men -of color civil rights, unless the persons who claim those rights are -fortified by the political right of voting. With the right of voting, -everything that a man ought to have or enjoy of civil rights comes to -him. Without the right to vote he is secure in nothing. I cannot -consent, after all the guards and safeguards which may be prepared for -the defence of the colored men in the enjoyment of their rights,--I -cannot consent that they shall be deprived of the right to protect -themselves. One hundred and eighty-six thousand of them have been in -the army of the United States. They have stood in the places of our -sons and brothers and friends. Many of them have fallen in the defence -of the country. They have earned the right to share in the government; -and, if you deny them the elective franchise, I know not how they are -to be protected. Otherwise you furnish the protection which is given -to the lamb when he is commended to the wolf. - -"There is an ancient history that a sparrow pursued by a hawk took -refuge in the chief Assembly of Athens, in the bosom of a member of -that illustrious body, and that the senator in anger hurled it -violently from him. It fell to the ground dead; and such was the -horror and indignation of that ancient but not Christianized body,-- -men living in the light of nature, of reason,--that they immediately -expelled the brutal Areopagite from his seat, and from the association -of humane legislators. - -"What will be said of us, not by Christian, but by heathen nations -even, if, after accepting the blood and sacrifices of these men, we -hurl them from us, and allow them to become the victims of those who -have tyrannized over them for centuries? I know of no crime that -exceeds this; I know of none that is its parallel; and, if this country -is true to itself, it will rise in the majesty of its strength, and -maintain a policy, here and everywhere, by which the right of the -colored people shall be secure through their own power,--in peace, -the ballot; in war, the bayonet. - -"It is a maxim of another language, which we may well apply to -ourselves, that, where the voting-register ends, the military roster of -rebellion begins; and, if you leave these four million people to the -care and custody of the men who have inaugurated and carried on this -rebellion, then you treasure up, for untold years, the elements of -social and civil war, which must not only desolate and paralyze the -South, but shake this government to its very foundation." - - -It was impossible in 1866 to go farther than the provisions of the -Fourteenth Amendment. That amendment was prepared in form by Senators -Conkling and Williams and myself. We were a select committee on -Tennessee. The propositions were not ours, but we gave form to the -amendment. The part relating to "privileges and immunities" came from -Mr. Bingham of Ohio. Its euphony and indefiniteness of meaning were -a charm to him. When the measure came before the Senate Mr. Sumner -opposed its passage and alleged that we proposed to barter the right -of the negroes to vote for diminished representation on the part of -the old slave States in the House and in the electoral college; while -in truth the loss of representation was imposed as a penalty upon any -State that should deprive any class of its adult male citizens of the -right to vote. Upon this allegation of Mr. Sumner the resolution was -defeated in the Senate. There were then in that body a number of -Republicans from the old slave States and over them Mr. Sumner had -large influence. The defeat of the amendment was followed by bitter -criticisms by the Republican press and by Republicans. These -criticisms affected Mr. Sumner deeply and he then devoted himself to -the preparation of an amendment which he could approve. While he was -engaged in that work I called upon him and he read seventeen drafts of -a proposition not one of which was entirely satisfactory to himself, -and not one of which would have been accepted by Congress or the -country. The difficulty was in the situation. Upon the return of the -seceded States their representation would be increased nearly forty -votes in the House and in the electoral colleges while the voting force -would remain in the white population. The injustice of such a -condition was apparent, and there were only two possible remedies. -One was to extend the franchise to the blacks. The country--the loyal -States--were not then ready for the measure. The alternative was to -cut off the representation from States that denied the elective -franchise to any class of adult male citizens. Finally Mr. Sumner was -compelled to accept the alternative. Some change of phraseology was -made, and Mr. Sumner gave a reluctant vote for the resolution. - -Aside from the debates on the constitutional amendment there were -serious difficulties among Republicans in regard to the exercise of the -right of suffrage by the negroes. - -Previous to the year 1868 there was a majority of Republicans who would -have imposed a qualification, some of service in the army or navy, -some of property and some of education. It was with great difficulty -that the scheme of limitation was resisted in regard to the District -of Columbia. As to the Democrats they could always be counted upon to -aid in any measure which tended to keep the negroes in a subordinate -condition. This of the majority--there was always a minority, usually -a small one, who were ready to aid in the elevation of the negro when -his emancipation had been accomplished. I do not recall the name of -one man who favored emancipation as a policy and adhered to the -Democratic Party. When a man reached the conclusion that the negroes -should be free, he could not do otherwise than join the Republican -Party. At the time of the admission of Tennessee, July, 1866, there -were only twelve men in the House of Representatives who insisted upon -securing to the negro the right to vote. A larger number favored the -scheme, but they yielded to the claim of that State to be admitted -without conditions. At that time the power of the President was not -impaired seriously, and his wishes were heeded by many. There was -also an understanding that the State would concede the right upon terms -not unreasonable. - -Next to the restoration of the Union and the abolition of slavery the -recognition of universal suffrage is the most important result of the -war. It has its evils but they are incidental, and their influence is -limited to times and places, while the advantages are universal and -enduring. Universal suffrage is security for universal education. It -is security against chronic hostility to the Government and security -against the manifestation of a revolutionary spirit among the people. -They realize that with frequent elections, the evils of administration -may be corrected speedily. By a similar though slower process the -fundamental law may be changed. Hence it is in this country until -recently there was no difference of opinion as to the wisdom of the -system of government under which we are living. The existing diversity -of opinion will soon disappear. If suffrage were limited there would -be a body of discontented people ready to seize upon any pretext that -promised a change. In the present condition of our system the only -danger is due to the forcible or fraudulent withholding of the right -from those who are entitled to enjoy it. This condition of things -must soon end. The safety of a state is yet further secured by -frequent elections. The project to extend the Presidential term is -full of danger. If the term were six or ten years the presence of an -offensive or dangerous man in the office would provoke a revolution, or -cause disturbances only less disastrous to business and to social and -domestic comfort. In the little republic of Hayti there have been not -less than seventeen revolutions in the hundred years of its existence -and they were due in a large degree to the fact that the Presidential -term is seven years. - -The various propositions submitted to the House of Representatives for -securing the right to vote to all the male adult citizens of the United -States were referred to the Judiciary Committee of which I was a -member. Among them was one submitted by myself. In the committee they -were referred to a sub-committee consisting of myself, Mr. Churchill -of New York, and Mr. Eldridge of Wisconsin. Mr. Eldridge as a -Democrat was opposed to the measure, and he took no interest in -preparing the form of an amendment. Churchill and myself were fellow- -boarders and we prepared and agreed to an amendment in substance that -which was adopted finally and which in form was almost the same. When -I reported the amendment to the committee not one word was said either -in criticism or commendation, nor was there a call for a second -reading. After a moment's delay Mr. Wilson, the chairman, said:--"If -there is no objection Mr. Boutwell will report the amendment to the -House." There was no objection and at the earliest opportunity I made -the report--that is, I reported the resolution for amending the -Constitution. Mr. Wilson made a speech which I have not since read, -but which made an impression upon my mind that he was opposed to the -measure, or at least had doubts about the wisdom of urging the -amendment upon Congress and the country. - -The resolution passed the House as it was reported by the committee. -When it was taken up in the Senate Mr. Sumner, who was opposed to the -resolution, assailed it with an amendment that would have been fatal if -his lead had been followed by the two Houses. He proposed to insert -after the words "to vote" the words "or hold office." At that time he -was a recognized leader upon all matters relating to the negro race, -and his standing with that race was such that the Republican senators -from the slave States were obedient to his wishes. His amendment was -adopted by the Senate. In presence of the fact that Mr. Sumner was -opposed to any amendment of the Constitution upon the subject and he -proposed to rely upon a statute, it is difficult to explain his conduct -upon any other theory than that he intended to defeat the measure -either in Congress or in the States. He had claimed when the -Fourteenth Amendment was pending that a joint resolution would furnish -an adequate remedy and protection. His proposition was in these -words: "There shall be no oligarchy, aristocracy, caste or monopoly -invested with peculiar privileges and powers and there shall be no -denial of rights, civil or political, on account of color or race -anywhere within the limits of the United States or the jurisdiction -thereof: but all persons therein shall be equal before the law, whether -in the court room or at the ballot-box. And this statute made in -pursuance of the Constitution shall be the supreme law of the land, -anything in the constitution or laws of any State notwithstanding." -This resolution is a sad impeachment of Mr. Sumner's quality as a -lawyer and it is an equally sad impeachment of his sense or of his -integrity as a man that he was willing to risk the rights of five -million persons upon a statute whose language was rhetorical and -indefinite, a statute which might be repealed and which was quite -certain to be pronounced unconstitutional by the Supreme Court. - -Upon the return of the resolution and amendment to the House, my own -position was an embarrassing one. I was counted as a radical and in -favor of securing to the negro race every right to which the white race -was entitled. My opposition to the Senate amendment seemed to place -me in a light inconsistent with my former professions. However, I met -the difficulty by an argument in which I maintained that the right -to vote carried with it the right to hold office. That in the United -States there were only a few exceptions, and those were exceptions -under the Constitution. - -Finally, the House, by a reduced vote refused to concur with the -amendment of the Senate. It was at this crisis that Wendell Phillips -wrote an article in the _Anti-Slavery Standard_ over his own name in -which he said in substance and in words, that the House proposition was -adequate and that it ought to be accepted by the Senate. His name and -opinion settled the controversy. The Southern Republicans deserted -Mr. Sumner feeling that the opinion of Phillips was a sufficient -shield. A slight change of phraseology was made and the proposition of -the House became the Fifteenth Amendment to the Constitution of the -United States. - -I wrote a letter of acknowledgment to Mr. Phillips in the opinion -that he had saved the amendment. At that time the prejudice against -negroes for office was very strong in Ohio, Indiana, Illinois and in -varying degrees the prejudice extended over the whole North. - -The enjoyment of the right to vote has not been fully secured to the -negro race, but no one has appeared to deny his right to hold office. -Indeed, the Democratic Party as well as the Republican Party has -placed him in office, both by election and appointment. Thus has -experience shown the folly of Mr. Sumner's amendment. - -That Mr. Sumner should have been willing to risk the rights of the -whole negro race upon a statute whose constitutionality would have -been questioned upon good ground, and which might have been repealed, -is a marvel which no one not acquainted with Mr. Sumner can -comprehend. First of all, though he was learned, he was not a lawyer. -He was impractical in the affairs of government to a degree that is -incomprehensible even to those who knew him. He was in the Senate -twenty-three years and the only mark that he left upon the statutes is -an amendment to the law relating to naturalization by which Mongolians -are excluded from citizenship. The object of his amendment was to -save negroes from the exclusive features of the statute which was -designed to apply only to the Chinese. His amendment made plain what -the committee had designed to secure. He was a great figure in the -war against slavery and as a great figure in that war he should ever -remain. - -The Fourteenth Amendment saved the country from a series of calamities -that might have been more disastrous even than the Civil War. The -South might, under the Fourteenth Amendment, grant to the negroes the -right to vote but upon conditions wholly impracticable and thus have -secured their full representation in Congress at the same time that the -voting power was retained in the hands of the white race. Or they -might have denied to the negro race the right to vote and submitted to -a loss of representation. Such a policy would have given the whole -country over to contention and possibly in the end, to civil war. The -discontented and oppressed negroes, increasing in numbers and wealth, -would have demanded their rights ultimately, even by the threat of -force, or by the use of force they would have secured their rights. In -the North there would have been a large body of the people, only less -than the whole body, who would have sympathized with the negroes and -who, in an exigency would have rendered them material aid. The Dorr -War in Rhode Island and the struggles in Kansas, are instances of the -danger of attempting to found society or to maintain social order upon -an unjust or an unequal system for the distribution of political power. -It is true that at this time (1901) the operation of the Fifteenth -Amendment has been defeated and consequently the governments of States -and the Government of the United States have become usurpations, in -that they have been in the hands of a minority of men. Nevertheless -the influence of the amendment is felt by all, and the time is not -distant when it will be accepted by all. Thus our Government will be -made to rest upon the wisest and safest foundation yet devised by -man: The Equality of Men in the States, and the Equality of States in -the Union. - -Mr. Sumner opposed the amendment and he declined to vote upon the -passage of the resolution. Wendell Phillips saved it in the Senate. -General Grant, more than anyone else secured its ratification by the -people. I append a copy of my letter to Mr. Phillips: - -WASHINGTON, _March_ 13, 1870. -MY DEAR SIR:-- - -This letter will recall to your mind the circumstance that when the -Fifteenth Amendment was suspended between the two houses you published -an editorial in the _Standard_ in favor of the House proposition. Can -you send me that article? It may not be known to you that that article -saved the amendment. A little of the secret history was thus. Various -propositions were offered in the House--among them one of my own--and -all were referred to the Judiciary Committee. - -In the Judiciary Committee, upon my motion the various resolutions for -amending the Constitution in that particular were referred to a sub- -committee consisting of myself, Churchill of New York and Eldridge of -Wisconsin. Churchill and myself were living at the same house and -conferred together several times. Eldridge took no interest in the -matter and never joined us--perhaps he was not invited. After an -examination of all the plans I wrote that proposed amendment which was -passed by the House and is in substance and almost in language the -amendment as adopted. - -With the concurrence of Mr. Churchill I reported it to the committee -and without one word of criticism and as far as I could judge without -any particular consideration I was directed to report it to the House. -In the House it encountered considerable opposition and Mr. Wilson, -Chairman of the Judiciary Committee, made a speech which was a great -surprise to me, though directed chiefly to the bill which I had also -reported by direction of the Judiciary Committee giving at once the -right of suffrage to negroes in all national elections and for members -of the Legislature. This I thought necessary to secure the passage of -the amendment through the State Legislatures. However, the resolution -was finally passed by the House. In the Senate it met with great -opposition because it omitted to secure in terms the right to hold -office. This point had been raised in the House where I had -successfully met the proposition by the statement and an argument in -support of the statement that the right to vote as a matter of fact and -in law carries with it the right to hold office. In the Senate, Mr. -Sumner, supported by all the Southern Republicans and a part of the -Northern Republicans succeeded in substituting a new resolution -securing in terms the right to hold office. Upon the return of the -Resolution to the House I was obliged to take what appeared a -conservative position and resist the proposition to concur with the -Senate upon the ground that the change was unnecessary and that its -adoption threatened the loss of the measure in doubtful States as Ohio, -Indiana, West Virginia and others. The House adhered to its position, -yet with such weakness of purpose on the part of many who sustained me, -as indicated that they would not withstand another assault. The -struggle was then renewed in the Senate and with every indication that -the Senate would insist upon its amendment. It was then that your -article appeared. Its influence was immediate and potential. Men -thought that if you the extremest radical could accept the House -proposition they might safely do the same. Had the Senate adhered one -of two things would have happened, either the House would have seceded -or the amendment would have failed. - -Had the House concurred I fear we should have failed to carry several -States which have since ratified it. - -Upon reflection I think as at the time I thought that your voice saved -the Fifteenth Amendment. - -I am very truly, -GEO. S. BOUTWELL. - -WENDELL PHILLIPS, ESQ. -Boston. - -P. S. This letter is not for the public use in so far as names are -mentioned, and of course, not for publication. -G. S. B. - -The article of Mr. Phillips became so important in its influence upon -the final action of the Senate that I reproduce it in justice to Mr. -Phillips and as a further record of an historical event. - -"We see the action of the Senate touching the Constitutional -Amendment with great anxiety. The House had passed a simple measure, -one covering all the ground that people are ready to occupy. It -answered completely the lesson of the war. Its simplicity gave it all -the chance that exists for any form of amendment being ratified. - -"Why was it not left in that shape? Leaving out of sight the manifest -risk of attempting too much, the very fact of the little time left -before the session closes, was warning enough to clutch at anything -satisfactory and to run no risk of possible disagreement between the -Houses. We wait further knowledge before indulging any conjectures as -to the motive for this strange course of the Senate; before even -suspecting that it grew out of any concealed hate toward the whole -measure and was indeed a trick to defeat it. Whoever, in either House, -gratifies some personal whim to the extent of defeating or even -postponing this measure will incur the gravest responsibility. We -exhort every man who professes himself a friend of liberty to drop all -undue attachment to any form of words and to co-operate, heartily, -earnestly, with the great body of the members in carrying through as -promptly as possible, any form which included the substance of a -constitutional protection to the votes and right to office of the -colored race. That is the work of the hour. That is the lesson the -war has burned in on the brain and conscience of the Nation. - -"To include with this, 'Nationality, education, creed,' etc., is utter -lack of common sense. Such a total forgetfulness of the commonest -political prudence as makes it hard to credit the good intentions of -the proposers. - -"Our disappointment is the greater because we had reason to believe -that the Senators who have this matter in charge, would be the last -men to forget themselves at such a crisis. They have been timidly -'practical,' ludicrously tied up to precedents, when, in times past we -have urged them to some act which seemed likely to jeopard party. Then -Sir Oracle was never more sententious, more full of 'wise saws and -modern instances,' than they. The inch they were willing to move ahead -was hardly visible to the naked eye. How they lectured us on the 'too -fast' and 'too far' policy! Now in an emergency which calls for the -most delicate handling, they tear up not one admitted abuse, but -include in the grasp half a dozen obstinate prejudices, which no logic -of events has loosened. For the first time in our lives we beseech -them to be a little more _politicians_--and a little less _reformers_-- -as those functions are usually understood." - -Under the date of March 18, 1869, I received from Mr. Phillips a letter -in acknowledgment of my letter of thanks and commendation, in these -words: - -"DEAR SIR:-- - -"Thank you for the intimation in your letter. I am glad if any words -of mine helped get rid of the too prompt action at that time. I -think it was of the greatest importance to act at once." - -The public mind seems to be misled in regard to the scope and legal -value of the Fourteenth and Fifteenth Amendments. The amendments were -in the nature of grants of power to the National Government, and in a -corresponding degree they were limitations of the powers of the States, -but the grants of power to the nation were also subject to limitations. -Until the ratification of the amendments the States had full power to -extend the right of suffrage, or to restrict its enjoyment with the -freedom that they possessed when the Treaty of Peace of 1783 had been -signed, and when the Constitution had not been framed and ratified. - -All limitations of the right of suffrage by male inhabitants of -twenty-one years of age, must fall under the control of the Fourteenth -or Fifteenth Amendments. - -If in any State the right to vote shall be "denied or abridged on -account of race, color or previous condition of servitude," the -statutes may be annulled by a decision of the Supreme Court. Neither -the people of the United States in their political sovereignty, nor -the political branch of the Government in its representative capacity -can exert any direct influence upon the decision of the questions that -may arise. The questions that may arise will be judicial questions, -and they will fall under the decision of the judicial tribunals. Hence -there has never been a time when it was the duty or when it was in the -power or within the scope of the duty of the executive branch of the -National Government to take official notice of the legislation in some -of the former slave States, which is designed manifestly to limit the -voting power of the negro population in those States. - -If such legislation does not fall under the Fifteenth Amendment it will -be subject to the penalty imposed by the Fourteenth Amendment,--a -proportionate loss of representative power in the House of -Representatives and in the Electoral Colleges. - -As one of the three remaining members of the Committee on the -Judiciary, and as one of the three remaining members of the Committee -on Reconstruction, I wish to say, without any reservation whatever, -that the amendments are accomplishing and are destined to accomplish -all that was expected by the committees that were charged with the -duty of providing for the protection of the rights of the freedmen. - -They were relived from the disparaging distinctions that came into -existence with the system of slavery. They were placed upon an -equality with other citizens and in the forms of law all -discriminations affecting unfavorably the right of suffrage must -apply equally to all citizens. The injustice and unwisdom of the -restrictive legislation in which the Southern States are indulging, -are subject of concern for the whole country, but the negro populations -have no ground for the complaint that their rights have been neglected -by the General Government. - -This, however, is true: The negro population, in common with all -others, has ground for just and continuing complaint against the -legislation of Congress by which a portion of the inhabitants of the -Hawaiian Islands have been denationalized on account of race or color, -or on account of a condition of mental or physical inferiority. - -The process of reasoning by which the legislation of the States of the -South is condemned, by those who uphold the legislation in regard to -Hawaii involves a question in political ethics which for the moment I -am not able to answer in a manner satisfactory to myself. - - -XXXI -INVESTIGATIONS FOLLOWING THE CIVIL WAR - -In the years 1865, '66 and '67 three important subjects of inquiry were -placed in the hands of committees of which I was a member. - -The Committee on the Judiciary of the House of Representatives by -resolutions adopted respectively the 9th and 30th days of April, 1866, -was directed "to inquire into the nature of the evidence implicating -Jefferson Davis and others in the assassination of Mr. Lincoln." - -James M. Ashley of Ohio introduced a resolution for the impeachment of -President Johnson, and on the 7th day of January, 1867, the House -authorized the Committee on the Judiciary "to inquire into the official -conduct of Andrew Johnson, Vice-President of the United States, -discharging the powers and duties of President of the United States," -etc. - -By a resolution of the two Houses of Congress passed the 12th and 13th -of December, 1865, a joint committee was created under instructions to -"inquire into the condition of the States which formed the so-called -Confederate States of America and report whether they or any of them -are entitled to be represented in either House of Congress." - -William Pitt Fessenden was chairman on the part of the Senate and -Thaddeus Stevens was chairman of the part of the House. Upon the -death of Mr. Stevens I succeeded to his place. The testimony taken -in these cases fills three huge volumes. No inconsiderable part of the -testimony was taken by myself, and I was but seldom absent from the -meetings of the committees. - -JOHN WILKES BOOTH - -In no other situation in life is the character of a man more fully and -truthfully brought into view than when he is placed upon the witness- -stand and subjected to an examination by counsel or others who aim to -support opposite opinions and to reach adverse results. The committees -that conducted the investigations were composed of men who entertained -opposite views in regard to the reconstruction of the government and in -regard to the impeachment of President Johnson. There was also a -difference of opinion upon the question of the responsibility of the -Confederate authorities for the assassination of Mr. Lincoln. As a -consequence of this diversity of opinion the witnesses were subjected -to the equivalent of a cross-examination in a court of justice. Some -of the impressions of men that I received in the many hearings, and -some of the opinions I formed, are recorded here. - -In each branch of these comprehensive inquiries there may be found -something in the nature of evidence that may appear to have a bearing -upon the assassination of Mr. Lincoln. It is my purpose in these -paragraphs to bring in to view the testimony which relates directly to -John Wilkes Booth, the most conspicuous and without question the chief -criminal in the tragedy of the assassination of President Lincoln, and -the attempt upon the life of Mr. Seward. - -The first step in the proceedings which culminated in the murder was -the deposit at Surrattsville (a place about five miles from Washington, -and owned by the Surratt family) of a carbine, two bottles of whiskey, -a small coil of rope, a field glass, a monkey wrench, and some other -articles. - -The house was kept by a man named Lloyd, and neither the character of -the house nor that of the keeper could bear a rigid test in ethics. -The deposit was made about the first of March by John H. Surratt, -Atzerodt and David E. Herold, all of whom were afterwards implicated -in the crime. The articles were received and secreted by Lloyd, but -only after objections by him, as appears from his testimony. Lloyd -connected Mrs. Surratt with the crime by these facts as related by -him. She called upon Lloyd the Tuesday preceding the fatal Friday -and gave him this message: "She told me to have them ready (speaking -of the shooting-iron) that they would be called for or wanted soon, -I have forgotten which." - -Mrs. Surratt made a second call the afternoon preceding the murder, -when this conversation took place, as stated by Lloyd: "When I drove -up in my buggy to the back yard Mrs. Surratt came out to meet me. She -handed me a package, and told me as well as I remember to get the guns -or those things--I really forget now which, though my impression is -that guns was the expression she made use of--and a couple of bottles -of whisky and give them to whoever should call for them that night." - -That night, after the murder, Booth and Herold called, and took the -carbine and drank of the whisky. In these facts there is a basis for -a reasonable theory. The theory is this. Previous to the fall of -Richmond and the surrender of Lee's army the Confederate authorities -set on foot a scheme for the capture and abduction of Mr. Lincoln. -The articles deposited, including the rope and the monkey wrench, -might be useful had Mr. Lincoln been abducted, but when the crime -became murder the rope and wrench were neglected. - -This view derives support from two directions. In Booth's diary is -this entry. "April 13-14 Friday. The Ides. Until to-day nothing was -ever thought of sacrificing to our country's wrongs. For six months -we had worked to capture. But our cause being almost lost something -decisive and great must be done. But its failure was owing to others -who did not strike for their country with a heart." - -Colonel Baker, a detective, testified that when he was in Canada, -engaged in negotiations for the purchase of letters that had passed -between the Confederate authorities at Richmond and Clay, Tucker, -Thompson and others, he read a letter from Jefferson Davis to Jacob -Thompson dated March 8, 1865, in which was this expression: "The -consummation of the act that would have done more to have ended this -terrible strife, being delayed, has probably ruined our cause." - -The scheme for the abduction of Mr. Lincoln was a wild scheme, born of -desperation, and its success would have worked only evil to the -Confederacy. The purpose of the North would have been strengthened, -the public feeling would have been embittered and the friendship of -England and of the Continental states would have been suppressed. -When Lee had surrendered, when Davis was fleeing from Richmond, when -Benjamin was preparing to leave the country, the leaders of the -Confederacy could not have entertained a project for the capture of -Mr. Lincoln, nor of any injury to him whatever. Their opposition to -Mr. Lincoln was not tainted with personal hostility. One fact remains; -the persons who had knowledge of the project to abduct Mr. Lincoln and -who were engaged in it at Washington, were implicated in the final -crime. - -If Booth's diary can be accepted as a faithful representation of his -mental condition it will appear that he had on that fatal Friday -submitted himself to the influence of three strong passions. He had -accepted the South as his country, and he had come to look upon Mr. -Lincoln as a tyrant and as its enemy. Hence he was influenced with -hatred for Mr. Lincoln. Finally he had become maddened by an ambition -to rival, or to excel Brutus. The influence of his possession is to -be seen in the entries in his diary in the days following the 14th of -April: - -"I can never repent it, though we hated to kill. Our country owed all -our troubles to him, and God simply made me the instrument of his -punishment. - -"The country is not what it was. This forced union is not what I have -loved. I have not desired to outlive my country. . . . After being -hunted like a dog through swamps, woods, and last night being chased -by gunboats till I was forced to return wet, cold, and starving with -every man's hand against me, I am here in despair. And why? For doing -what Brutus was honored for--what made Tell a hero. And yet I for -striking down a greater tyrant than they ever knew, am looked upon as -a common cut-throat. My action was purer than either of theirs. One -hoped to be great. The other had not only his country's, but his own -wrongs to avenge. I knew no private wrong. I struck for my country -and that alone. A country that groaned beneath this tyranny, and -prayed for the end, and yet now behold the cold hand they extend to me. - -"God cannot pardon me if I have done wrong, yet I cannot see my wrong -except in serving a degenerate people. The little, the very little I -left behind to clear my name, the Government will not allow to be -printed. So ends all. For my country I have given up all that makes -life sweet and holy, brought misery upon my family, and am sure there -is no pardon for me in Heaven since man so condemns me. - -"I do not repent of the blow I struck. I may before my God but not to -man. I think I have done well. Thought I am abandoned with the curse -of Cain upon me, when if the world knew my heart that one blow would -have made me great, though I did desire no greatness." - -Finally, he writes: - -"I bless the entire world. Have never hated or wronged anyone. This -last was not a wrong unless God deems it so; and it is with him to -damn or bless me." - -These extracts from Booth's diary reveal the influences that controlled -him in the great tragedy in which he became the principal actor. - - -The death of Booth was only a lesser tragedy than the death of Mr. -Lincoln. - -Following the murder and escape of Booth a small military force was -organized hastily under the direction and command of Colonel Lafayette -C. Baker, a detective in the service of the War Department. The force -consisted of about thirty men chiefly convalescents from the army -hospitals in Washington. Colonel Everton G. Conger was in command of -the expedition, and his testimony contains a clear account of what -transpired at Garrett's Farm, where Booth was captured and shot. -Conger reached Garrett's Farm on the night of the 25th of April, or the -early morning of the 26th. The men were posted around the tobacco shed -in which Booth and Herold were secreted and their surrender was -demanded by Conger. Booth refused to surrender and tendered, as a -counter proposition, a personal contest with the entire force. Herold -surrendered. Upon Booth's persistent refusal to surrender, a fire was -lighted in a corner of the building. Booth then came forward with his -carbine in his hand and engaged in a conversation with Lieut. L. Byron -Baker. While so engaged a musket was fired from the opposite side of -the shed and Booth fell, wounded fatally in the neck, at or near the -spot where Mr. Lincoln had been struck. Conger had given orders to the -men not to shoot under any circumstances. The examination disclosed -the fact that the shot was fired by a sergeant, named Boston Corbett. -When Colonel Conger asked Corbett why he shot without orders Corbett -saluted the colonel and said: "Colonel, Providence directed me." -Thus the parallel runs. Booth claimed that he was the instrument of -the Almighty in the assassination of Lincoln, and Boston Corbett -claimed that he acted under the direction of Providence when he shot -Booth. - -Booth was shot at about three o'clock in the morning of April 26, and -he died at fifteen minutes past seven. During that time he was -conscious for about three fourths of an hour. He asked whether a -person called Jett had betrayed him. His only other intelligible -remark was this: - -"Tell my mother I died for my country." - -During the afternoon preceding the assassination of Mr. Lincoln, Booth -met John Matthews a brother actor, and requested him to hand a letter -to Mr. Coyle, of the _National Intelligencer,_ the next morning. -Mathews had a part in the play at Ford's Theater. When the shot was -fired and Mathews was changing his dress to leave the theater, he -discovered the letter, which for the time he had forgotten. When he -reached his rooms he opened the letter. It contained an avowal of -Booth's purpose to murder the President, and he named three of his -associates. Booth referred to a plan that had failed, and he then -added: "The moment has at length arrived when my plans must be -changed." These statements were made by Mathews from recollection. -Mathews destroyed the letter under the influence of the apprehension -that its possession would work his ruin. - -The records seem to warrant certain conclusions: - -1. That the Confederate authorities at Richmond made a plan for the -capture of Mr. Lincoln, and that Booth, Mrs. Surratt and others--who -were implicated finally in the murder--were concerned in the project -to abduct the President and to hold him a hostage. - -2. That the undertaking failed. - -3. That following Lee's surrender and the downfall of the Confederacy, -Booth originated the plan to murder the President, under the influence -of the motives and reasons that are set forth in his diary and in the -letter to Mr. Coyle. - -4. His influence over the persons who were involved in the conspiracy -to abduct Mr. Lincoln, was so great that he was able to command their -aid in the commission of the final crime. - -When the investigations were concluded there remained in the possession -of the Committee on the Judiciary a quantity of papers, affidavits, -letters and memoranda of no value as evidence. These were placed -within a sealed package. The package was deposited with the clerk of -the House of Representatives. The preservation of the papers may have -been an error. They should have been destroyed by the committee. Some -doubts were expressed however as to the authority of the committee. -Further investigations were suggested as not impossible. I am the only -person living who has knowledge of the papers. They are now in the -possession of the House of Representatives. It is not in the public -interest that the papers should become the possession of the public. - -MR. LINCOLN AND THE ATTACK ON FORT SUMTER - -The testimony of John Minor Botts of Virginia, given before the Joint -Committee on Reconstruction, February 18, 1866, presents Mr. Lincoln as -a diplomatist at the outset of his experience as President. - -Mr. Botts had been a leading member of the Whig Party and he was a -Union man from the beginning of the contest to the end of the war. As -the work of secession was advancing in the Gulf States Mr. Lincoln -became anxious for the fate of the border States and especially for -Virginia and Kentucky, which promised to serve as barriers to the -aggressive movements of the South in case of war. Mr. Botts came to -Washington at the request of Mr. Lincoln in the early days of April, -1861, and they were together and in private conversation during the -evening of the 7th of April from seven to eleven o'clock. In the -conversation of that evening the President gave Mr. Botts an account -of the steps that he had taken to prevent a collision in the harbor -of Charleston. - -Mr. Summers and Mr. Baldwin of Virginia had been delegates in the Peace -Congress and they had been counted among the Union men of the State. -Soon after the inauguration the President was informed that the small -garrison in Fort Sumter was nearly destitute of provisions and that -an attempt to add to the supply would be resisted. The President, -Mr. Summers and Mr. Botts had served together as Whigs in the Thirtieth -Congress and the President invited Mr. Summers by letter and by special -messenger to a conference in Washington. To this invitation no -answer was given by Mr. Summers until the 5th of April, when Mr. -Baldwin appeared and said that he had come upon the request of Mr. -Summers. Mr. Lincoln said at once: "Ah! Mr. Baldwin, why did you -not come sooner? I have been expecting you gentlemen to come to me -for more than a week past. I had a most important proposition to make -to you. I am afraid you have come too late. However, I will make the -proposition now. We have in Fort Sumter with Major Anderson about -eighty men and I learn from Major Anderson that his provisions are -nearly exhausted . . . I have not only written to Governor Pickens, but -I have sent a special messenger to say that if he will allow Major -Anderson to obtain his marketing at the Charleston market, or, if he -objects to allowing our people to land at Charleston, if he will have -it sent to him, then I will make no effort to provision the fort, but, -that if he does not do that, I will not permit these people to starve, -and that I shall send provisions down,--and that if fires on that -vessel he will fire upon an unarmed vessel, loaded with nothing but -bread but I shall at the same time send a fleet along with her, with -instructions not to enter the harbor of Charleston unless the vessel -is fired into; and if she is, then the fleet is to enter the harbor -and protect her. Now, Mr. Baldwin, that fleet is now lying in the -harbor of New York and will be ready to sail this afternoon at five -o'clock, and although I fear it is almost too late, yet I will submit -anyway the proposition which I intended for Mr. Summers. Your -convention in Richmond, Mr. Baldwin, has been sitting now nearly two -months and all they have done has been to shake the rod over my head. -You have recently taken a vote in the Virginia Convention, on the right -of secession, which was rejected by ninety to forty-five, a majority -of two thirds, showing the strength of the Union Party in that -convention; and, if you will go back to Richmond and get that Union -majority to adjourn and go home without passing the ordinance of -secession, so anxious am I for the preservation of the peace of this -country and to save Virginia and the other States from going out, that -I will take the responsibility of evacuating Fort Sumter, and take the -chance of negotiating with the cotton States, which have already gone -out." - -This quotation is from the testimony of Mr. Botts and there cannot be -better evidence of the facts existing in the first days of April, nor -a more trustworthy statement of the position of Mr. Lincoln in regard -to the secession movement. At that time the Virginia Convention had -rejected a proposed ordinance of secession by a vote of ninety to -forty-five, and there can be no doubt that Mr. Lincoln had hopes that -his proposition might calm the temper and change the purposes of the -secessionists in that State if he did not change the schemes of -Governor Pickens, of which, indeed, the prospect was only slight. - -In his Inaugural Address, and in all his other public utterances, Mr. -Lincoln sought to place the responsibility of war upon the seceding -States. At a later day Mr. Lincoln, in a conversation with Senator -Sumner and myself, expressed regret that he had neglected to station -troops in Virginia in advance of the occupation of the vicinity of -Alexandria by the Confederates, a course of action to which he had -been urged by Mr. Chase and others. - -Mr. Lincoln's proposition for the relief of Fort Sumter was rejected -by Mr. Baldwin, as was the proposition for the adjournment of the -convention, _sine die_. - -When Mr. Botts appeared the time had passed when arrangements could -have been made for the relief of Sumter and the adjournment of the -convention. Although the situation may not have been realized at the -time it was not the less true that Mr. Botts and the small number -of Union men in Virginia were powerless in presence of the movement -in favor of secession under the lead of Tyler, Seddon and others. - -The political side of Mr. Lincoln's character is seen in the fact that -he enjoined secrecy upon Mr. Botts. He may have been unwilling to -allow his supporters in the North to know how far he had gone in the -line of conciliation. In the conversation with Mr. Baldwin, Mr. -Lincoln had given an assurance that upon the acceptance of his two -propositions he would evacuate Fort Sumter. When Mr. Lincoln made -these facts known to Mr. Botts at the evening interview, Mr. Botts -said; "Will you authorize me to make that proposition to the Union -men of the convention? I will take a steamboat to-morrow morning, -and have a meeting of the Union men to-morrow night, I will guarantee -with my head, that they will adopt your proposition." In reply, Mr. -Lincoln said: "It is too late. The fleet has sailed." In truth it -was too late for the acceptance of the propositions in Virginia. The -Union men were powerless, and the secessionists were dominant in -affairs and already vindictive. The charge that Mr. Seward gave a -promise that Sumter would be abandoned, may or it may not have been -true, but there can be no ground for doubting the statement made by -Mr. Botts in regard to the terms tendered by Mr. Lincoln, and which -were rejected by Mr. Baldwin. - -Mr. Baldwin admitted the interview with Mr. Lincoln, and the nature of -it as herein given, to Mr. John F. Lewis, who was a Union man and a -member of the convention that adopted the Ordinance of Secession by -a vote of eighty-eight to fifty-five. - -Of the three witnesses, Baldwin, Botts and Lewis, Mr. Baldwin was the -first witness who was examined by the Committee on Reconstruction. -At that time the committee had no knowledge of the conversation -between Mr. Baldwin and President Lincoln. Speaking, apparently, under -the influence of the criticisms of Botts and Lewis of his rejection of -Mr. Lincoln's propositions, Baldwin introduced the subject with the -remark: "I had a good deal of interesting conversation with him (that -is with Mr. Lincoln) that evening. I was about to state that I have -reason to believe that Mr. Lincoln himself had given an account of -this conversation which has been understood--but I am sure -_mis_understood--by the persons with whom he talked, as giving the -representation of it, that he had offered to me, that if the Virginia -Convention would adjourn _sine die_ he would withdraw the troops from -Sumner and _Pickens_." As there was no occasion in the conversation -between Lincoln and Baldwin for a reference to Fort Pickens, and as the -President did not mention _Fort Pickens_ in the account of the -conversation that he gave to Mr. Botts, the denial of Mr. Baldwin may -fall under one of the forms of falsehood mentioned by Shakespeare. - -The evidence is conclusive to this point: That at an interview at the -Executive Mansion, April 5, 1861, between President Lincoln and Colonel -John B. Baldwin, then a member of the Virginia Convention that finally -adopted the Ordinance of Secession, President Lincoln assured Mr. -Baldwin that he would evacuate Fort Sumter if the fort could be -provisioned and the Virginia Convention would adjourn _sine die_. - -Colonel Baldwin's voluntary and qualified denial is of no value in -presence of President Lincoln's report of the interview as given by -Mr. Botts and in presence of the testimony that Mr. Baldwin did not -deny the truthfulness of Mr. Botts' limited statement, when it was -asserted by Mr. Botts in the presence of Lewis. - -ALEXANDER H. STEPHENS AND HIS STATE-RIGHTS DOCTRINES - -Upon the death of Mr. Calhoun the task of maintaining the extreme -doctrine of State Rights, as that doctrine had been taught by Mr. -Calhoun fell upon Jefferson Davis and Alexander H. Stephens. That -doctrine was carried to its practical results in the ordinances of -secession as they were adopted by the respective States under the lead -of Mr. Davis. - -If Mr. Stephens advised against secession, the advice given was not due -to any doubt of the right of a State to secede from the Union, but to -doubts of the wisdom of the undertaking. - -In form of proceedings Mr. Stephens was examined by the Committee on -the Judiciary, the 11th and 12th days of April, 1866, but in fact I was -the only member of the committee who was present, and I conducted the -examination in my own way, and without help or hindrance from others. - -It was the opinion of Governor Clifford of Massachusetts, that the -examination of Mr. Stephens gave the best exposition of the doctrine -of State Rights that had been made. I was then ignorant of the fact, -that in the convention of 1787 the form of the Preamble to the -Constitution was so changed as to justify the opinion, if not to -warrant the conclusion that the State-Rights doctrines had been -considered and abandoned. In two plans of a constitution, one -submitted by Mr. Randolph, and one by Mr. Charles Pinckney, and in -the original draft of the Constitution as reported by Mr. Rutledge, -the source of authority was laid in the respective States, which were -named. This form was adhered to in the Rutledge report, which was made -August 6, 1787. On the 12th of September the Committee on Style -reported the Preamble which opens thus: _"We the people of the United -States, etc."_ This change seems not to have been known to Mr. -Webster, nor have I noticed a reference to it in any of the speeches -that were made in the period of the active controversy on the -doctrine of State Rights. - -Mr. Stephens was a clear-headed and uncompromising expositor and -defender of the doctrine of State Rights as the doctrine was accepted -by General Lee and by the inhabitants generally of the slave States. - -Mr. Stephens did not disguise his opinions: "When the State seceded -against my judgment and vote, I thought my ultimate allegiance was due -to her, and I prepared to cast my fortunes and destinies with hers and -her people rather than take any other course, even though it might -lead to my sacrifice and her ruin." - -When he was asked for his reason for accepting the office of vice- -president in the Confederacy, he said: "My sole object was to do all -the good I could in preserving and perpetuating the principles of -liberty as established under the Constitution of the United States." -Mr. Stephens advanced to his position by conclusively logical -processes. Standing upon the ground of Mr. Lincoln and the Republican -Party, he assumed that, inasmuch as the States in rebellion had never -been out of the Union, they had had the opportunity at all times during -the war of withdrawing from the contest and resuming their places in -the Senate and House as though nothing had occurred of which the -existing government could take notice. - -If, however, there were to be terms of adjustment, then those terms -must have a "continental basis founded upon the principles of mutual -convenience and reciprocal advantage, and the recognition of the -separate sovereignty of the States." He was ready for a conference or -convention of all the States, but he did not admit the right of the -successful party to dictate terms to the States that had been in -rebellion. He expressed the personal, individual opinion, that tax -laws passed in the absence of representatives from the seceded States -would be unconstitutional. It was the opinion of Mr. Stephens that -the people of Georgia by a large majority thought that the State was -entitled to representation in the national Congress and without any -conditions. - -When he was invited to consider the alternative of universal suffrage -or a loss of representation as a condition precedent to the -restoration of the State, he said with confidence that neither branch -of the alternative would be accepted. "If Georgia is a State in the -Union her people feel that she is entitled to representation without -conditions imposed by Congress; and if she is not a State in the Union -then she could not be admitted as an equal with the others if her -admission were trammeled with conditions that did not apply to all the -rest alike." - -It had been his expectation, and in his opinion such had been the -expectation of the people generally that the State would assume its -place in the Union whenever the cause of the Confederacy should be -abandoned. - -Such were the results of the State-Rights doctrines as announced by -the most intellectual of the Southern leaders in the war of the -Rebellion. In the opinion of Mr. Stephens a State could retire from -the Union either for purposes of peace or of war and return at will, -and all without loss of place or power. - -At the close of his examination he made this declaration: "My -convictions on the original abstract question have undergone no change." - -As a sequel to the doctrines of Mr. Stephens, I mention the history of -Andrew J. Lewis. When the Legislature of Massachusetts assembled in -January, 1851, Lewis took a seat in the House as the Democratic member -from the town of Sandisfield. He acted with the Coalitionists, and he -voted for Mr. Sumner as United States Senator. Lewis was returned for -the year 1852, and in General Pierce's administration he held an office -in the Boston Customs House. - -Upon the fall of Port Hudson I received a letter from General Banks. -In that letter he mentioned the fact that Lewis was among the -prisoners, holding the office of captain in a South Carolina regiment. -His account of himself was this: "I was born in South Carolina. When -my State seceded I thought I must go too, and so I left Massachusetts -and returned to South Carolina." - -GENERAL ULYSSES S. GRANT - -General Grant's examination during the investigation embraced a variety -of topics and the report is a volume of not less than twenty thousand -words. His testimony is marked by the qualities for which he was known -both on the civil and military side of his career. These qualities -were clearness of thought, accuracy and readiness of memory, directness -of expression and the absence of remarks in the nature of exaggeration -or embellishment. The character of the man and the history of events -may gain something from an examination of his testimony upon three -important points to which it related: the opinion of President Lincoln -in regard to the reconstruction of the government; the opinion of -President Johnson upon the same subject, and his own view of the -rights of General Lee and of the army under his command that had -surrendered at Appomattox. - -When President Johnson entered upon the work of reconstructing the -government of North Carolina it was claimed that he was giving form -and effect to the plan which President Lincoln had accepted as a wise -policy. - -There was some foundation for the claim as appears from the testimony -of General Grant, Mr. Seward, Mr. Stanton, and others, but there is no -ground for the claim that Mr. Lincoln had matured a plan or had -accepted any scheme of reconstruction at the hands of any one. In an -exigency, as in the case of the resignation of General Hooker, he -could act immediately, but time and thought, and discussion with -others were accepted as valuable aids, whenever there was not a -pressure for instant action. - -General Grant was examined in July, 1867, and the opening was conducted -by Mr. Eldridge of Wisconsin. It related to the parole granted to -General Lee and his army. The nature of the questions led General -Grant to make this remark: "I will state here, that I am not quite -certain whether I am being tried, or who is being tried, by the -questions asked." - -General Grant may have thought that Mr. Eldridge was endeavoring to -secure from him an admission that he had exceeded his authority in the -terms of the parole granted to General Lee. General Grant was able to -state the terms with exactness and within his powers as commander of -the conquering army. He claimed that General Lee surrendered his -army "in consideration of the fact that they were to be exempt from -trial so long as they conformed to the obligations which they had -taken." President Johnson claimed that the leaders should be tried. -This position he abandoned previous to July, 1867. Of an interview -with President Johnson, General Grant made this statement: - -"He insisted on it that the leaders must be punished, and wanted to -know, when the time would come when those persons could be tried. I -told him when they violated their parole." In the opinion of General -Grant the terms of the parole did not include Jefferson Davis, as he -had been captured. - -In the early part of the controversy President Johnson insisted that -General Lee should be tried for treason. That purpose on the part of -the President was resisted by General Grant. His position, in his own -language, was this: - -"I insisted on it that General Lee would not have surrendered his army -and given up all their arms if he had supposed that after surrender, he -was going to be tried for treason and hanged. I thought we got a very -good equivalent for the lives of a few leaders in getting all those -arms and getting themselves under control bound by the oaths to obey -the laws. That was the consideration, which I insisted upon, we had -received." - -General Grant added: - -"Afterwards he got to agreeing with me on that subject." - -On the question of political rights as involved in the surrender and in -the parole, General Grant said: - -"I never claimed that the parole gave those prisoners any political -right whatever. I thought that that was a matter entirely with -Congress, over which I had no control, that simply as general-in-chief -commanding the army, I had a right to stipulate for the surrender on -terms which protected their lives. The parole gave them protection and -exemption from punishment for all offences not in violation of the -rules of civilized warfare." - -The point of difference between General Grant and President Johnson in -regard to the parole is very clear from General Grant's answers to -questions by Mr. Thomas and Mr. Eldridge. - -"You have stated your opinion as to the rights and privileges of -General Lee and his soldiers; do you mean that to include any political -rights?" - -"I have explained that I did not." - -"Was there any difference of opinion on that point between yourself and -President Johnson at any time?" - -"On that point there was no difference of opinion; but there was as to -whether the parole gave them any privileges or rights . . . He claiming -that the time must come when they would be tried and punished, and I -claiming that that time could not come except by a violation of their -parole." - -Grant claimed also that the army that had surrendered to Sherman came -under the same rules. - -These quotations give General Grant's standing as an interpreter of -public law and as a leader capable of applying the rules and principles -of public law to practical affairs. His training at West Point may -have given him a knowledge of principles and his good sense enabled him -to apply the principles in the terms that he dictated at Appomattox. - -General Grant's natural qualities were such that with training he might -have succeeded in great causes involving principles, but he was not -adapted to the ordinary business of a county-court lawyer. - -It is quite certain from the testimony of General Grant that Mr. -Lincoln had had in mind a scheme for the organization of the States -that had been in rebellion and that Mr. Johnson's proclamation for the -government of North Carolina was not a wide departure from that -scheme. - -General Grant was present at two meetings of the Cabinet in Mr. -Lincoln's time, when a proclamation was read and considered. In the -language of General Grant, "after the assassination it continued right -along and I was there with Mr. Johnson." General Grant's interest was -directed to two points: First, that civil government should be set up -but subject to the final action of Congress, and second, that the -parole should not be infringed. He states his position thus: - -"I was always ready to originate matters pertaining to the army, but I -was never willing to originate matters pertaining to the civil -government of the United States. When I was asked my opinion about -what had been done I was willing to give it. I originated no plans and -suggested no plans for civil government." - -The examination by Mr. Eldridge was in the nature of cross-examination -and for the purpose of gaining an admission from General Grant that he -had advised or sanctioned President Johnson's plan of reconstruction. -Hence General Grant's declarations that his part was limited to the -military side of the measure and that in his view the entire plan was -subject to Congressional action. - -General Grant's testimony is explicit upon these points: He advised -President Johnson to grant a pardon to General Lee and a pardon to -General Johnston. He was especially urgent in favor of a pardon to -General Johnston in consideration of his speech to his army at the time -of the surrender. He advised against the proclamation of amnesty upon -the ground that the act was then premature. - -General Grant's testimony adds strength to the statement that President -Johnson contemplated the recognition of a Congress composed of -Democratic members from the North and of the representatives from the -States that had been organized under the President's proclamation. - -"I have heard him say--and I think I have heard him say it twice in his -speeches--that if the North carried the election by members enough to -give them, with the Southern members, a majority why would they not be -the Congress of the United States?" - -In answer to this question: "Have you heard him make a remark -kindred to that elsewhere?" General Grant said: - -"Yes, I have heard him say that aside from his speeches, in -conversation. I cannot say just when." - -The North Carolina proclamation was read at an informal meeting at -which only Grant and Stanton were with the President. General Grant -did not criticise the paper. He said of it: "It was a civil matter -and although I was anxious to have something done I did not intend to -dictate any plan. I looked upon it simply as a temporary measure to -establish a sort of government until Congress should meet and settle -the whole question and that it did not make much difference how it was -done so there was a form of government there. . . . I don't suppose -that there were any persons engaged in that consultation who thought -of what was being done at that time as being lasting--any longer than -Congress would meet and either ratify that or establish some other -form of government." - -General Grant understood that the North Carolina proclamation was in -substance the paper which had been considered by Mr. Lincoln, but -General Grant said also, that Mr. Lincoln's plan was "temporary, to be -either confirmed, or a new government set up by Congress." - -General Grant's testimony upon one point is supported by the testimony -of Mr. Seward and the testimony of Mr. Stanton. They agree that Mr. -Johnson's plan of reconstruction was in substance the plan that Mr. -Lincoln had had under consideration. Mr. Stanton regarded the plan as -temporary. - -If President Johnson intended to enforce the plan upon the country he -concealed his purpose when the North Carolina proclamation was under -consideration. - -In the month of October, 1866, the police commissioners of the city of -Baltimore were engaged in the work of registering voters for the -November elections, and the authorities were engaged in the work of -registering the voters in all parts of the State of Maryland. It was -claimed that many thousands who had been engaged in the rebellion and -who were excluded under a provision of the Constitution had been -registered by the connivance of the authorities and especially by the -police commissioners of Baltimore. There were rumors of secret, -hostile organizations, there were threats of disturbance, and Governor -Swann became alarmed. - -President Johnson became alarmed also and under date of October 25 he -wrote a letter to General Grant in which these paragraphs may be found: - -"From recent development serious troubles are apprehended from a -conflict of authority between the executive of the State of Maryland -and the police commissioners of the city of Baltimore." . . . "I -therefore request that you inform me of the number of Federal troops at -present stationed in the city of Baltimore and vicinity." - -General Grant informed the President on the 27th, that the number of -available and efficient troops was 1,550. Thereupon, on the first day -of November the President issued the following instruction to Secretary -Stanton: - -"In view of the prevalence in various portions of the country of a -revolutionary and turbulent disposition which might at any moment -assume insurrectionary proportions and lead to serious disorders, and -of the duty of the government to be at all times prepared to act with -decision and effect this force is not deemed adequate for the -protection and security of the seat of government." - -Secretary Stanton referred the President's letter to General Grant with -instructions "to take such measures as in his judgment are proper and -within his power to carry into operation the within directions of the -President." - -Under this order six or eight companies in New York and on the way to -join regiments in the South were detained at Fort McHenry, and a -regiment in Washington was under orders to be ready to move upon notice. - -On the second day of November the President qualified his demands in a -letter to Secretary Stanton and limited the expression of anxiety to -the city of Baltimore. It is certain that General Grant and Secretary -Stanton did not share the President's apprehensions and the day of -election passed without serious disturbance. - -In the Philadelphia _Ledger_ of October 12, 1866, there appeared a -series of questions which were accompanied by the statement or the -suggestion that the President had submitted them to the Attorney- -General for an official opinion. The questions related to the -constitutional validity of the Thirty-ninth Congress, and upon the -ground that all the States were not represented although hostilities -had ceased. - -From the testimony of Henry M. Flint, a newspaper correspondent, it -appears that the President had no knowledge of the questions until -after the publications in the _Ledger_. Flint's account of the affair -may be thus summarized. For himself and without conference with the -President, he reached the conclusion that the Thirty-ninth Congress was -an illegal body and he had reached the conclusion also that the -President entertained the same opinion. Thereupon he assumed that the -President would take the opinion of the Attorney-General. Having -advanced thus far, he next proceeded to write the questions that he -imagined the President would prepare and submit to the Attorney-General. - -These questions he transmitted to a brother correspondent in New York ---Mr. F. A. Abbott--under cover of a letter which was not produced. -Flint gave the substance of his letter to Abbott in these words: - -"These questions are supposed or believed to have submitted by the -President to the Attorney-General." Speaking of Abbott, Flint said: -"I knew he was connected with several newspapers and I had no doubt -when I sent these questions that they would appear in some paper in -some shape. . . . The object I had in view in writing these questions -and in sending them to Mr. Abbott was that they might appear before the -public, and that the public mind might be directed to that point, and -that the newspapers particularly might be led to express their -sentiments upon the questions involved in it." - -When the publication "had given rise to considerable discussion" in the -language of Flint, "I thought," he says, "I ought to go the President -and tell him what part of the despatch was mine and what connection I -had had with the publication of it." - -Of his interview with the President, he gives this report: "He showed -me an article, which I think, appeared the day after the questions were -published, in the _Daily News_ of Philadelphia, which took pretty -nearly the same ground my questions would indicate. . . . He spoke of -it rather approvingly." - -Flint adds: "I had remarked to him: 'Mr. Johnson, it seemed to me -that it would be by no means remarkable that you should prepare such -questions as bear upon a subject which I know must have occupied your -mind as it has the public mind.' I forget what reply he made; it was -a sort of affirmative response or assent." - -Whatever may have been the origin of Flint's questions, their -appearance in the manner indicated is an instance of volunteer service -not often paralleled in the rough contests of life. Without any -effort on his own part the President gained knowledge of a public -sentiment upon the question of the legality of the Thirty-ninth -Congress--a question in which he had much interest in the autumn of -1866. - -The project to increase the army around Washington and the project -to proclaim the Thirty-ninth Congress an illegal body may have had an -intimate connection with the project to send General Grant on a mission -to Mexico and to place General Sherman in command at Washington, a -project of which I have spoken in another place. - -GENERAL ROBERT E. LEE - -General Robert E. Lee was examined by the Committee on Reconstruction -the 17th day of February, 1866. - -The inquiries related to the state of public sentiment in the South, -and especially in Virginia with regard to secession, to the treatment -of the negroes, to the public debts of the United States, and of the -Confederacy, and to the treatment of Northern soldiers in Southern -prisons. - -General Lee was then in good health and in personal appearance he -commended himself without delay. He was large in frame, compactly -built, and he was furnished with all the flesh and muscle that could be -useful to a man who was passing the middle period of life. The -elasticity of spirits, the vigor of mind and body that are the wealth -of a successful man at sixty were wanting in General Lee. His -appearance commanded respect and it excited the sympathy even of those -who had condemned his abandonment of the Union in 1861. - -The examination gave evidence of integrity and of entire freedom from -duplicity. Freedom from duplicity was a controlling feature in General -Grant's character and in that attribute of greatness Grant and Lee may -have been equals. - -General Lee was free to disclose his own opinions, but he was cautious -in his statements when questioned as to the opinions and purposes of -the men and States that had been in the Rebellion. He was careful to -say at the beginning of the examination that he had no communication -with politicians and that he did not read the papers. What he said of -the South assumed that the people were in poverty and were so dejected -that they had no plans for the future, nor any hopes of restoration to -wealth, happiness and power in the affairs of the country. His -testimony as a whole might justify the opinion that there would be no -serious resistance to any form of government that might be set up. He -favored the governments which President Johnson had organized and he -expressed the opinion that they were acceptable to the people -generally. A comprehensive statement was this: - -"I do not know of a single person who either feels or contemplates -any resistance to the government of the United States, or, indeed any -opposition to it." He gave this assurance to the committee: "The -people entirely acquiesce in the government of the United States and -are for co-operating with President Johnson in his policy." - -The payment of the public debt had not been a topic of discussion in -his presence, but the people were disposed to pay such taxes as were -imposed and they were struggling to get money for that purpose. - -He was of the opinion that the people made no distinction between the -Confederate debt and the debt of the United States--that they were -disposed to pay both debts, and would pay both if they had the power. -For himself, however, he had no expectation that the indebtedness of -the Confederacy would ever be paid. - -General Lee manifested a kindly spirit for the freedmen, but he was -unwilling to accept them as citizens endowed with the right of -suffrage. Of the feeling in Virginia, General Lee said: "Every one -with whom I associate expresses kind feelings toward the freedmen. -They wish to see them get on in the world, and especially to take up -some occupation for a living." - -He rejected the suggestion that there was anywhere within the State -any combinations having in view, "the disturbance of the peace, or any -improper or unlawful acts." He characterized the negroes as "an -amiable, social race, who look more to the present than to their -future condition." - -In answer to the question whether the South would support the -government in case of a war with France or England, General Lee was -distinctly reserved: "I cannot speak with any certainty on that -point. I do not know how far they might be actuated by their feelings. -I have nothing whatever to base an opinion upon. So far as I know -they contemplate nothing of the kind now. What may happen in the -future I cannot say." He then added this remark: "Those people in -Virginia with whom I associate express a hope that the country may not -be led into war." - -As to an alliance during the war he said that he knew nothing of the -policy of the Confederate government: "I had no hand or part of it," -was his remark. It was his opinion during the war that an alliance -with a foreign country was desirable, and he had assumed that the -authorities were of the same opinion. His ideas were those of -General Grant, and he avoided responsibility for the measures of the -government on the civil side. - -With kind feelings for the colored people of Virginia General Lee -favored the substitution of a white class of laborers, if an exchange -could be made, of which however, he had neither plan nor hope. Nor -could he give any assurance that Northern men would be received upon -terms of equality and friendship, if they avowed the opinions that -then prevailed generally in the North: "The manner in which they -would be received would depend entirely upon the individuals themselves ---they might make themselves obnoxious, as you can understand," was the -statement of General Lee. His testimony as a whole indicated an -opinion that it was more important to secure capital for business, than -it was to rid the State of the negro laborer. In his opinion, most of -the blacks were willing to work for their former masters, but they were -unwilling to make engagements for a year, a form of engagement which -the farmers and planters preferred, that they might be sure of help -when it would be most needed. The negroes may have been influenced by -one or both of two reasons. Their unthrifty habits--the outcome of -slavery--or an apprehension that a formal engagement for a year was a -kind of bondage that might lead to a renewal of the old system. - -When General Lee was pressed by Senator Howard as to the feeling in the -South in regard to the National Government, he said: "I believe that -they will perform all the duties that they are required to perform. I -think that is the general feeling. . . . I do not know that there is -any deep-seated dislike. I think it is probable that there may be -some animosity still existing among some of the people of the South. -. . . They were disappointed at the result of the war." - -General Lee was of the opinion that a Southern jury would not find an -accused guilty of treason for participation in the war. Indeed his -doctrine of State Rights excused the citizen and placed the sole -responsibility on the State. Of the common sentiment in the South he -said: "So far as I know, they will look upon the action of the State, -in withdrawing itself from the government of the United States, as -carrying the individuals of the State along with it; that the State -was responsible for the act, not the individual." This was the -framework of his own defence. Speaking of the advocates of secession, -he said: "The ordinance of secession, or those acts of a State which -recognized a condition of war between the State and the General -Government, stood as their justification for their bearing arms against -the Government of the United States. They considered the act of the -State as legitimate. That they were merely using the reserved right, -which they had a right to do." - -From these views General Lee was led to a specific statement of his -own position: - -Question: "State, if you please, what your own personal views on that -question were?" - -Answer: "That was my view; that the act of Virginia in withdrawing -herself from the United States carried me along as a citizen of -Virginia, and that her laws and her acts were binding on me.' - -Question: "And that you felt to be your justification in taking the -course you did?" - -Answer: "Yes, sir." - -In the course of the examination General Lee expressed the opinion that -the "trouble was brought about by the politicians of the country." - -General Lee disclaimed all responsibility for the care and treatment of -prisoners of war. He had always favored a free exchange of prisoners, -knowing that the proper means for the care and comfort of prisoners -could not be furnished in the Confederacy. He thought that the -hardships and neglects had been exaggerated. As to himself, he had -never had any control over prisoners, except as they were captured on -the field of battle. He sent his prisoners to Richmond where they came -under the command of the provost-marshal-general. His orders to -surgeons on the field were to treat all the wounded alike. - -In the examinations that were made by the committee I read a large -number of reports of surgeons connected with the prisons and hospitals -and I may say that in all cases they exhibited humanity and in many -cases specific means of relief for the sufferings of the soldiers were -recommended. Their reports were forwarded from officer to officer, but -in a large majority of cases the reports were neglected. - -In a letter written by General Lee to his sister a few days before he -abandoned the service of the United States, he expressed the opinion -that there was no sufficient cause for the rebellion. This opinion, in -connection with his opinion that the rebellion was the work of -politicians demonstrates the power which the doctrine of State Rights -had obtained over a man of experience and of admitted ability. Upon -his own admission, he subordinated his conduct to the action of his -State, and in disregard of his personal obligation through his oath of -office. If he had followed his own judgment as to what was wise and -proper he would have remained in his place as an officer in the army of -the United States. - -If in 1861 an officer of the army had entertained the opinion that the -North was in the wrong and that the South was in the right, it could be -claimed, fairly, that that officer might forswear his obligations to -the old Government and accept service in the Confederacy. - -Moral obliquity is not to be assumed in the case of General Lee. His -pecuniary and professional interests must have invited him to remain -in the army. General Scott, a Virginian, was at the head of the army, -and General Scott was his friend. His promotion was certain, and -important commands were probable. His large estates in the vicinity of -the city of Washington were exposed to the ravages of war if not to -confiscation. These sacrifices, some certain, and others probable were -present when he left Washington and entered into the service of the -Confederacy under the superior authority of the State of Virginia in -disregard of his own opinion, and in disregard, not to say violation, -of his oath as a soldier who had sworn to support the Constitution of -the United States. General Lee was unable to say whether he had -taken an oath to support the Confederate States. He could not recall -the fact of taking the oath, but he said he should have taken the oath -if it had been tendered to him. - -The full report of the testimony of General Lee should appear in any -complete biography of the man. It reveals his character, explains the -leading influences to which he was subjected, and it sheds light upon -the state of public opinion in the South at the end of the contest in -arms. - -General Scott and General George H. Thomas were Virginians, but they -acted in defiance of the State-Rights doctrines of the South. In -April, 1861, General Scott gave me an account of the efforts that had -been made to induce him to follow the fortunes of Virginia, and he -spoke with a voice of emotion of his veneration for the flag, and of -his attachment to the Union. - -GENERAL GEORGE H. THOMAS - -Of the soldiers of the Northern army in the war of the Rebellion, -General George H. Thomas takes rank next after the first three--Grant, -Sherman and Sheridan. When Grant became President and Sherman was -general of the army the President was unwilling to appear to neglect -either Sheridan or Thomas. With high appreciation of Thomas as a -soldier, the President gave higher rank to Sheridan. He said to me -that he placed Sheridan above every other officer of the war. He gave -Sheridan credit for two supreme qualities--great care in his plans and -great vigor in execution. - -Yet, although the President acted upon a sound basis of opinion, the -choice left a painful impression upon his memory. - -General Thomas and General Lee were alike in personal appearance, and -they resembled each other in their mental characteristics. In one -important particular they differed--General Thomas had no respect for -State-Rights doctrines. He was a native of Virginia, but there was no -indication in his testimony, nor were there rumors, that he had ever -hesitated in his course when the rebellion opened. - -General Thomas was examined by the Committee on Reconstruction January -29, and February 2, 1866. He was then in command of the Military -Division of the Tennessee which included the States of Kentucky, -Tennessee, Georgia, Alabama and Mississippi. It was the main object of -the committee to obtain information as to the public sentiment touching -the treatment of the negroes and the re-establishment of civil -government in the States that had been in rebellion. The Union -sentiment was stronger in Tennessee than in any other State of the -Confederacy. The inhabitants of the mountainous districts of eastern -and middle Tennessee had been loyal from the opening of the contest in -1860 and 1860. Yet in 1866 General Thomas advised the committee that -it would "not be safe to remove the national troops from Tennessee, or -to withdraw martial law; or to restore the writ of habeas corpus to -its full extent." At that time the peace of eastern Tennessee was -disturbed by family feuds and personal quarrels, the outcome of -political differences. In west Tennessee and in portions of middle -Tennessee there was a deep seated hostility to Union men, and -especially to Southern men who had served in the Union army. - -General Thomas said of them: "They are more unfriendly to Union men -natives of the State of Tennessee or of the South, who have been in -the Union army, than they are to men of Northern birth." - -At that time the contract system of labor had been introduced, and the -contracts were regarded as binding both by whites and blacks. - -General Thomas advised the admission of Tennessee into the Union as a -State, and his advice was acted upon favorably by its admission in the -summer of that year. His recommendations were based upon the facts -that Tennessee had "repudiated the rebel debt, had abolished slavery, -had adopted the Constitutional amendment upon that subject, had passed -a franchise law prohibiting from voting every man who had been -engaged in the rebellion" and had "passed a law allowing negroes to -testify." - -His opinion of the four other States of his command was not as -favorable. "I have received communications from various persons in the -South that there was an understanding among the rebels and perhaps -organizations formed or forming, for the purpose of gaining as many -advantages for themselves as possible; and I have heard it also -intimated that these men are very anxious and would do all in their -power to involve the United States in a foreign war, so that if a -favorable opportunity should occur, they might then again turn against -the United States." - -At the end of his first examination he gave this opinion as the result -of his experience: - -Question: "In what could those advantages consist in breaking up the -government?" - -Answer: "They would wish to be recognized as citizens of the United -States, with the same rights they had before the war." - -Question: "How can they do that? By wishing us in a war with England -or France, in which they would take part against us?" - -Answer: "In that event their desire is to establish the Southern -Confederacy. They have not yet given up their desire for a separate -government, and if they have an opportunity to strike for it again they -will do so." - -When asked what he knew of secret organizations he said that he had -received several communications to that effect but the parties were -unwilling to have their names made public. He added: "The persons -communicating with me are reliable and truthful and I believe their -statements are correct in the main. - -"The nature and object of the organizations," he said, "are the -embarrassment of the Government of the United States in the proper -administration of the affairs of the county, and if possible, to -repudiate the national debt, or to gain such an ascendency in Congress -as to make provision for the assumption by Congress of the debt -incurred by the rebel government; also, in case the United States -Government can be involved in a foreign war to watch their opportunity -and take advantage of the first that comes to strike for the -independence of the States lately in rebellion." - -These extracts from the testimony of General Thomas are a fair -exposition of the condition of public sentiment in the Confederate -States with the exception in a degree of the border States. It is -apparent also that General Thomas had not the degree of confidence in -the good purposes of those who had been in the rebellion that was -entertained by Northern officers including Grant, Sherman and Sheridan. - -As the loyal men of the South were greater sufferers from the war, -their hostility was more intense against those who were responsible -for the war. - -If we cannot say that Thomas was a great soldier in the large use of -the phrase, it can be said that he was a good soldier and that without -qualifying words. He should live in history as a true patriot and a -man of the highest integrity. - -SECRETARY STANTON - -Of the men who occupied places in Mr. Lincoln's Cabinet, no one was -more free from just criticism affecting unfavorably the value of his -public services than Secretary Stanton. - -Of those who were nearest to him, no one ever received the impression -from his acts or his conversation that he thought of the Presidency -as a possibility under any circumstances. Seward, Chase and Bates had -been candidates at Chicago in 1860, and whatever may have been the -fact in regard to Seward and Bates, it is quite certain that ambition -for the Presidency never lost its hold upon Mr. Chase, even when he -became Chief Justice of the United States. - -Coupled with the absence of ambition, or perhaps in a degree incident -to the absence of ambition, Mr. Stanton was the possessor of courage -for all the emergencies of the place that he occupied--a courage that -was always available, whether in its exercise the wishes of individuals -or the fortunes of the country were involved. - -It was understood by those who frequented the War Office in the gloomy -days of 1862 and '63 that a card signed "A. L." would not always -command full respect from Secretary Stanton. He was a believer in the -rigid principles of the army, and although he was a humane man he -smothered or subdued his sympathy for heart-broken mothers whose sons -had deserted the cause of the country, in his determination to save -the country through the strictest enforcement of the rules and -regulations of the army. Mr. Lincoln, in his abounding good nature, -could not resist the appeals of disconsolate wives and heart-stricken -mothers, and it was often Mr. Stanton's fortune to resist such appeals -even when supported by the President's card in the form of a request -which in ordinary times and upon ordinary men would be treated as an -order. - -Hence there may have been a foundation for the report that an -unsuccessful user of one of the President's cards returned to the -President for a reinforcement of the order. The President insisted -upon a full report of the Secretary's answer. The applicant repeated -the Secretary's remark, which was not complimentary to the President's -good sense. The President hesitated, and then declined to renew the -order, saying: "Stanton is generally right." - -Mr. Stanton's testimony was taken February 11, 1867, and on subsequent -days. The record of the text and the accompanying documents cover more -than two hundred printed pages. The evidence was taken by the -Committee on the Judiciary, and it had special reference to the charges -that had been made against President Johnson. At that time, the -separation between Mr. Stanton and the President had become -irreconcilable, but there are no indications of hostility in the -answers given by the Secretary. Indeed, he assumed, without reserve, -full responsibility for acts that had been charged on the President by -others. - -During the war the railroads that fell within our lines were -appropriated to the use of the United States, and heavy outlays had -been made upon some of them for repairs and improvements. In many -cases expenses had been incurred, that in the hands of the corporation -would not have been chargeable to a construction account. In a -majority of cases, if not in all, the roads had been surrendered -without compensation, and the rolling stock had been transferred for -very slight consideration. - -Mr. Stanton assumed the responsibility of the policy, upon the ground -that it was important to the South and to the country that the channels -of commerce should be made available without delay and that the army -could not be used wisely in commercial traffic. As the President was -interested in one of the railroads that received a large benefit by the -restoration of its property much improved, he was relieved of all -responsibility for a policy that had been much condemned. - -Through the testimony of Secretary Stanton the committee was enabled -to find the origin and to trace with a degree of accuracy the history -of President Johnson's plan of reconstruction. At a time not many days -prior to Mr. Lincoln's death, Secretary Stanton prepared an order which -contained a _projet_ for the government of the States that had been in -rebellion. The paper was submitted to President Lincoln and it was -considered by him in a cabinet meeting that was held during the day -preceding the night of the assassination. - -As this paper became the basis for the proclamations for the government -of the States that had been in rebellion, its history, as given by -Mr. Stanton, is worthy of exact report in his own words: - -"On the last day of Mr. Lincoln's life, there was a Cabinet meeting, at -which General Grant, and all the members of the Cabinet, except Mr. -Seward, were present. General Grant at that time made a report of the -condition of the country, as he conceived it to be, and as it would be -on the surrender of Johnston's army, which was regarded as absolutely -certain. The subject of reconstruction was talked of at considerable -length. Shortly previous to that time I had myself, with a view of -putting into a practicable form the means of overcoming what seemed to -be a difficulty in the mind of Mr. Lincoln, as to the mode of -reconstruction, prepared a rough draft of a form or mode by which the -authority and laws of the United States should be re-established, and -governments reorganized in the rebel States under the Federal -authority, without any necessity whatever for the intervention of -rebel organizations or rebel aid. - -In the course of that consultation Mr. Lincoln alluded to the paper, -went into his room, brought it out, and asked me to read it, which I -did, and explained my ideas in regard to it. There was one point which -I had left open; that was as to who should constitute the electors in -the respective States . . . I left a blank upon that subject to be -considered. There was at that time nothing adopted about it, and no -opinions expressed; it was only a _projet_." - -At the request of Mr. Lincoln and the Cabinet, the order was printed -and a copy was given to each member, and a copy was given to Mr. -Johnson when he had become President. - -The plan was further considered in Mr. Johnson's Cabinet, and some -alterations were made. The point of chief difference related to the -elective franchise--whether it should be extended to the negro race. - -Mr. Stanton said: "There was a difference of opinion upon that -subject. The President expressed his views very clearly and -distinctly. I expressed my views, and other members of the Cabinet -expressed their views. The objection of the President to throwing -the franchise open to the colored people appeared to be fixed, and I -think every member of the Cabinet assented to the arrangement as it -was specified in the proclamation relative to North Carolina. After -that I do not remember that the subject was ever again discussed in -the Cabinet." - -Thus from Mr. Stanton's testimony we gather the important facts as to -the origin of a measure which became the subject of bitter controversy -between President Johnson and the Republican Party. The framework of -the North Carolina proclamation was furnished by Mr. Stanton. When -alterations had been made the proclamation was agreed to by the -Cabinet but without a declaration or even an understanding upon the -point which, without much delay, became the vital point: was the -policy of government that was announced in the proclamation a permanent -policy or was it a temporary expedient, a substitute for military -government, and subject to the approval or disapproval of Congress? - -General Grant was of the opinion that the organizations which the -President set up in the States were temporary and that they were -subject to the action of Congress. - -Mr. Stanton's opinion is expressed carefully, in his own words: "My -opinion is, that the whole subject of reconstruction and the relation -of the State to the Federal Government is subject to the controlling -power of Congress; and while I believe that the President and his -Cabinet were not violating any law, but were faithfully performing -their duty in endeavoring to organize provisional governments in -those States, I supposed then, and still suppose, that the final -validity of such organizations would rest with the law-making power of -the government." - -In an official letter, dated January 8, 1866, Secretary Stanton gave -his reasons for the payment of the salaries of the provisional -governors: "The payments were made from the appropriation of army -contingencies because the duties performed by the parties were regarded -of a temporary character ancillary to the withdrawal of military force, -and to take the place of the armed forces in the respective States." - -On the other hand the President chose to treat the governments that had -been set up as permanent governments and beyond the control of -Congress. On this point, the contest between President Johnson and the -Republican Party was made up. It ended in an appeal to the people, who -rendered a judgment against _the President_ by a two-thirds majority. -The testimony of Secretary Seward, and official papers that were issued -by the Department of State in the year 1865, may warrant the conclusion -that President Johnson was not then prepared to treat the new state -organizations as final and binding upon Congress and the country. - -Under date of July 8, 1865, Secretary Seward said, in an official -letter to Governor Holden of North Carolina: "It is understood here -that besides cotton which has been taken by the Secretary of the -Treasury under Act of Congress there were quantities of resin, and -other articles, as well as funds, lying about in different places in -the State and not reduced into possession by United States officers as -insurgent property. The President is of the opinion that you can -appropriate these for the inevitable and indispensable expenses of the -civil government of the State during the continuance of the provisional -government." - -On the 14th day of November, 1865, Mr. McCulloch authorized Mr. Worth, -acting as treasurer in North Carolina, to use the fragments of rebel -property that might be gathered to defray the expenses of the -provisional government of the State. - -In answer to a question put to Secretary Seward, he said: "I do not -remember that any provisional governor held a military office, except -Mr. Johnson." - -In the further examination of Mr. Seward, May 16, 1867, he indicated -his concurrence with President Johnson in this remark: "The object was -to proceed with the work of the restoration of the Union as speedily -and effectively and wisely as possible, having no reference as to -whether Congress would be in session or not." - -This question was put to Mr. Seward: - -"Did not he (the President) urge these parties to be prepared to be at -the doors of Congress by the time of its next meeting?" - -The answer was: "Very likely he did. I do not know of the fact. I -know that I was very anxious that these States should be represented -in Congress, and that he was equally so, that they should be provided -with representatives who could be admitted." - -The policy of the administration, July 24, 1865, is set forth in a -despatch from Secretary Seward to Governor Sharkey, of Mississippi (he -is addressed as Provisional Governor): "The President sees no occasion -to interfere with General Slocum's proceedings. The government of the -State will be provisional only until the civil authorities shall be -restored with the approval of Congress." - -Upon the united testimony of General Grant, Secretary Stanton and -Secretary Seward, it may be claimed fairly that the governments that -were set up under proclamations of the President were treated in the -beginning as provisional governments and subject to the final judgment -of Congress. - -In 1866, when the rupture between Congress and the President had taken -form, the President with the support of Mr. Seward announced the -doctrine that the governments which had been set up were valid -governments, and that claimants for seats in Congress from those who -could prove their loyalty were entitled to admission. - -Thus was a foundation laid for the impeachment of President Johnson by -the House of Representatives, and his trial by the Senate. - - -XXXII -IMPEACHMENT OF ANDREW JOHNSON - -The nomination of Andrew Johnson to the Vice-Presidency in 1864, by the -Republican Party, was a repetition of the error committed by the Whig -Party in 1840, in the nomination of John Tyler for the same office. - -In each case the nomination was due to an attempt to secure the support -of a body of men who were not in accord in all essential particulars -with the party making the nomination. - -John Tyler was opposed to the administration of Mr. Van Buren, but he -was opposed also to a national bank, which was then an accepted idea -and an assured public policy of the Whig Party. Hence, it happened -that when Mr. Tyler came to the Presidency, he resisted the attempt of -Congress to establish a national bank, and by the exercise of the veto- -power, on two occasions, he defeated the measure. This controversy -caused the overthrow of the Whig Party, and it ended the contest in -behalf of a United States bank. - -In the case of John Tyler and in the case of Andrew Johnson there was -an application, in dangerous excess, of a policy that prevails in all -national conventions. When the nomination of a candidate for the -Presidency has been secured, the dominant wing of the party turns to -the minority with a tender of the Vice-Presidency. In 1880, when the -nomination of General Garfield had been made, the selection of a -candidate for the Vice-Presidency was tendered to the supporters of -General Grant, and it was declined by more than one person. - -Mr. Johnson never identified himself with the Republican Party; and -neither in June, 1864, nor at any other period of his life, had the -Republican Party a right to treat him as an associate member. He was, -in fact, what he often proclaimed himself to be--a Jacksonian Democrat. -He was a Southern Union Democrat. He was an opponent, and a bitter -opponent, of the project for the dissolution of the Union, and a -vindictive enemy of those who threatened its destruction. - -His speeches in the Senate in the Thirty-sixth and the Thirty-seventh -Congress were read and much approved throughout the North, and they -prepared the way for the acceptance of his nomination as a candidate -of the Republican Party in 1864. - -Mr. Johnson was an earnest supporter of the Crittenden Compromise. -That measure originated in the House of Representatives. It was -defeated in the Senate by seven votes and six votes of the seven came -from the South. The provisions of the bill were far away from the -ideals of Republicans generally, although the measure was sustained -by members of the party. By that scheme the Fugitive Slave Law was -made less offensive in two particulars, but the United States was to -pay for fugitives from slavery whenever a marshal failed to perform his -duty. As an important limitation of the powers of Congress, the -abolition of slavery in the District of Columbia was to be dependent -upon the consent of the States of Maryland and Virginia. - -Mr. Johnson gave voice to his indignation when he spoke of the Southern -men whose votes contributed to the defeat of the Crittenden Compromise. -"Who, then," said he, "has brought these evils upon the country? Whose -fault is it? Who is responsible for it? With the help we had from the -other side of the chamber, if all those on this side had been true to -the Constitution and faithful to their constituents, and had acted with -fidelity to the country, the amendment of the Senator from New -Hampshire could have been voted down. Whose fault was it? Who did it? -Southern traitors, as was said in the speech of the Senator from -California. They did it. They wanted no compromise." - -These extracts show the style of speech in which Mr. Johnson indulged, -and they prove beyond question that in the winter of 1861 he had no -sympathy with the Republican Party of 1856 and 1860. These facts -explain, and in some measure they palliate, the peculiarities of his -career, which provoked criticism and an adverse popular judgment when -he came to the Presidency. Nor is there evidence within my knowledge -that he ever denied the right of secession. However that may have -been, he disapproved of the exercise of the right at all stages of the -contest. - -In the Thirty-sixth Congress Mr. Johnson proposed amendments to the -Constitution which gave him consideration in the North. By his -proposition the Fugitive Slave Law was to be repealed, and in its place -the respective States were to return fugitives or to pay the value of -those that might be retained. - -Slavery was to be abolished in the District of Columbia with the -consent of Maryland and upon payment of the full value of the slaves -emancipated. The Territories were to be divided between freedom and -slavery. His scheme contemplated other changes not connected -necessarily with the system of slavery. Of these I mention the -election of President, Vice-President, Senators, and Judges of the -Supreme Court by the people, coupled with a limitation of the terms of -judges to twelve years. - -The Crittenden Resolution contained these declarations of facts and -policy: - -1. The present deplorable war has been forced upon the country by the -disunionists of the Southern States. - -2. Congress has no purpose of conquest or subjugation, nor purpose of -overthrowing or interfering with the established rights of those States. - -Upon a motion to include disunionists in the North under the first -charge, Mr. Johnson voted in the negative with Sumner, Wilson, Wade, -and other Republicans. - -This brief survey of Mr. Johnson's Congressional career at the opening -of the war may indicate the characteristics of his mind in controversy -and debate, and furnish means for comprehending his actions in the -troublous period of his administration. - -Some conclusions are deducible from this survey. First of all it is -to be said that he never assumed to be a member of the Republican -Party. Next, I do not find evidence which will justify the statement -that he was a disbeliever in the right of a State to secede from the -Union. It is manifest that he was not an advocate of the doctrine of -political equality as it came to be taught by the leaders of the -Republican Party. When he became President, he was an opponent of -negro suffrage. - -This record, though not concealed, was not understood by the members -of the convention that placed him in nomination for the second office -in the country. - -This analysis prepares the way for an extract from the testimony of Mr. -Stanley Matthews, who was afterwards a justice of the Supreme Court, -and who was examined by the Judiciary Committee of the House of -Representatives when engaged in investigating the doings of the -President previous to his impeachment. Mr. Johnson was appointed -Military Governor of Tennessee the third day of March, 1862. Colonel -Matthews was provost-marshal at Nashville, where Johnson resided during -his term as Governor. In that term Matthews and Johnson became -acquainted. When Johnson was on his way to Washington to take the oath -of office, he stopped at the Burnet House in Cincinnati. Matthews -called upon him. Matthews had been a Democrat until the troubles in -Kansas. In the conversation at the Burnet House Mr. Johnson made these -remarks, after some personal matters had been disposed of. I quote -from the testimony of Judge Matthews: - -"I inquired as to the state of public feeling on political matters in -Tennessee at that time. He remarked that very great changes had -taken place since I had been there, that many of those who at first -were the best Union men had turned to be the worst rebels, and that -many of those who had originally been the worst rebels were now the -best Union men. I expressed surprise and regret at what he said in -reference to the matter. - -"We were sitting near each other on the sofa. He then turned to me and -said, 'You and I were old Democrats.' I said, 'Yes.' He then said, -_'I will tell you what it is, if the country is ever to be saved, it is -to be done through the old Democratic Party.'_ - -"I do not know whether I made any reply to that, or, if I did, what it -was; and immediately afterwards I took my leave." - -The larger part of this quotation is only important as leading up to -the phrase that is emphasized, and which may throw light upon Mr. -Johnson's policy and conduct when he came to the Presidency. - -This conversation occurred in the month of February, 1865, and it must -be accepted as evidence, quite conclusive, that Mr. Johnson was then -opposed to the policy of the Republican Party, whose honors he had -accepted. In a party sense Mr. Johnson was not a Republican: he was a -Union Democrat. He was opposed to the dissolution of the Union, but -not necessarily upon the ground that the Union had a supreme right to -exist in defiance of what is called "State sovereignty." This with -the Republican Party was a fundamental principle. Under the influence -of the principles of the old Democratic Party Mr. Johnson advanced to -the Vice-Presidency, and while under the influence of the same idea he -became President. - -When the Republican Party came to power, the State of Maryland, that -portion of Virginia now known as West Virginia, the State of Kentucky, -and the State of Missouri were largely under the influence of -sympathizers with the eleven seceding States of the South. It was -necessary in Maryland, Kentucky, and Missouri to maintain the -ascendency of the National Government by the exhibition of physical -force, and in some instances by its actual exercise. Mr. Lincoln's -policy in regard to the question of slavery was controlled, up to the -month of July, 1862, by the purpose to conciliate Union slave-holders -in the States mentioned. Of his measures I refer to the proposition -to transfer the free negroes to Central America, for which an -appropriation of $25,000 was made by Congress. Next, Congress passed -an act for the abolition of slavery in the District of Columbia upon -the payment of three hundred dollars for each slave emancipated. - -Without representing in his history or in his person the slave-holding -interests of the South, Mr. Johnson was yet a Southern man with Union -sentiments. The impression was received therefrom that his influence -would be considerable in restraining, if not in conciliating slave- -holders in what were called the "border States." These facts tended -to his nomination for the Vice-Presidency. I have no means for -forming an opinion that is trustworthy as to the position of Mr. -Lincoln in reference to the nomination of Mr. Johnson. His nomination -may justify the impression that the Republican Party was in doubt as to -its ability to re-elect Mr. Lincoln in 1864. From the month of July, -1862, to the nomination in 1864, I had frequent interviews with Mr. -Lincoln, and I can only say that, during the period when the result of -the election was a subject of thought, he gave no intimation in the -conversations that I had with him that the element of doubt as to the -result existed in his mind. - -From what has been said, the inference may be drawn that Mr. Johnson -came to the Vice-Presidency in the absence of any considerable degree -of confidence on the part of the Republican Party, although there were -no manifestations of serious doubt as to his fitness for the place, or -as to his fidelity to the principles of the party. - -The incidents of the inauguration of Mr. Johnson in the Senate Chamber, -and especially his speech on the occasion, which was directed, -apparently, to the diplomatic corps, excited apprehensions in those -who were present, and the confidence of the country was diminished -materially concerning his qualifications for the office to which he had -been elected. Without delay these apprehensions circulated widely, and -they were deepened in the public mind by the assassination of Mr. -Lincoln and the elevation of Mr. Johnson to the Presidency. - -The public confidence received a further serious shock by his -proclamation of May 29, 1865, for the organization of a State -government in North Carolina. That proclamation contained provisions -in harmony with what has been set forth in this paper concerning the -political principles of Mr. Johnson. First of all, he limited the -franchise to persons "qualified as prescribed by the constitution and -laws of the State of North Carolina in force immediately before the -20th day of May, 1861, the date of the so-called Ordinance of -Secession." This provision was a limitation of the suffrage, and it -excluded necessarily the negro population of the State. It was also a -recognition of the right of the State to reappear as a State in the -Union. It was, indeed, an early assertion of the phrase which -afterwards became controlling with many persons--"Once a State, always -a State." He further recognized the right of the State to reappear as -a State in the organization and powers of the convention which was to -be called under the proclamation. As to that he said: "The convention -when convened, or the legislature which may be thereafter assembled, -will prescribe the qualification of electors and the eligibility of -persons to hold office under the constitution and laws of the State, -a power the people of the several States composing the Union have -rightfully exercised from the origin of the Government to the present -time." There were further instructions given in the proclamation as to -the duties of various officers of the United States to aid Governor -Holden, who, by the same proclamation, was appointed "Provisional -Governor of the State of North Carolina." - -Upon the publication of this proclamation I was so much disturbed that -I proceeded at once to Washington, but without any definite idea as to -what could be done to arrest the step which seemed to me a dangerous -step towards the re-organization of the Government upon an unsound -basis. At that time I had had no conversation with Mr. Johnson, either -before or after he came to the Presidency, upon any subject whatever. -The interview which I secured upon that visit was the sole personal -interview that ever occurred between us. I called upon Senator Morrill -of Vermont, and together we made a visit to the President. I spoke of -the features of the proclamation that seemed to be objectionable. He -said that "the measure was tentative" only, and that until the -experiment had been tried no other proclamation would be issued. Upon -that I said in substance that the Republican Party might accept the -proclamation as an experiment, but that it was contrary to the ideas -of the party, and that a continuance of the policy would work a -disruption of the party. He assured us that nothing further would be -done until the experiment had been tested. With that assurance we left -the Executive Mansion. - -On the 13th day of June, 1865, a similar proclamation was issued in -reference to the State of Mississippi, and on the 17th of June, -corresponding proclamations were issued in reference to the States of -Georgia, Texas, Alabama, South Carolina, and Florida. In each State a -person was named as Provisional Governor. This action led to a -division of the party and to its subsequent reorganization against the -President's policy. - -In his letter of acceptance of the nomination made by the Union -Convention, Mr. Johnson endorsed, without reserve, the platform that -had been adopted. The declarations of the platform did not contain a -reference to the reorganization of the Government in the event of the -success of the Union arms. The declarations were enumerated in this -order: the Union was to be maintained; the war was to be prosecuted -upon the basis of an unconditional surrender of the rebels; and -slavery, as the cause of the war, was to be abolished. The added -resolutions related to the services of the soldiers and sailors, and to -the policy of Abraham Lincoln as President. It was further declared -that the public credit should be maintained, that there should be a -vigorous and just system of taxes, and that the people would view with -"extreme jealousy," and as enemies to the peace and independence of -the country, the efforts of any power to obtain new footholds for -monarchical government on this continent. Such being the character of -the platform, it cannot be said that Mr. Johnson challenged its -declarations in the policy on which he entered for the reorganization -of the Government. In Mr. Johnson's letter of acceptance he preserved -his relations to the Democrats by the use of this phrase: "I cannot -forego the opportunity of saying to my old friends of the Democratic -Party proper, with whom I have so long and pleasantly been associated, -that the hour has come when that great party can justly indicate its -devotion to the Democratic policy in measures of expediency." - -The controversy with Mr. Johnson had its origin in the difference of -opinion as to the nature of the Government. That difference led him to -the conclusion that the rebellion had not worked any change in the -legal relations of the seceding States to the National Government. His -motto was this: "Once a State, always a State," whatever might be its -conduct either of peace or war. There were, however, differences of -opinion among those who adhered to the Republican Party. Mr. Stevens, -who was a recognized, if not the recognized, leader of the Republican -Party, advocated the doctrine that the eleven States were to be treated -as enemy's territory, and to be governed upon whatever system might be -acceptable to the States that had remained true to the Union. Mr. -Sumner maintained the doctrine that the eleven States were Territories, -and that they were to be subject to the General Government until -Congress should admit the several Territories as State organizations. -The fourth day of May, 1864, I presented a series of resolutions in -the House of Representatives, in which I asserted this doctrine: The -communities that have been in rebellion can be organized into States -only by the will of the loyal people expressed freely and in the -absence of all coercion; that States so organized can become States of -the American Union only when they shall have applied for admission and -their admission shall have been authorized by the existing National -Government. A small number of persons who were identified with the -Republican Party sustained the policy of Mr. Johnson. Others were of -the opinion that the eleven States were out of their proper relation to -the Union, as was declared by Mr. Lincoln in his last speech, and that -they could become members of the American Union only by the organized -action of each, and the concurrent action of the existing National -Government. The Government was reorganized without any distinct -declaration upon the question whether the States that had been in -rebellion were to be treated as enemy's territory, or as Territories -according to the usage of former times. The difference of opinion was -a vital one with Mr. Johnson. Whatever view may be taken of his moral -qualities, it is to be said that he was not deficient in intellectual -ability, that his courage passed far beyond the line of obstinacy, and -that from the first to last he was prepared to resist the claims of -the large majority of the Republican Party. The issue began with his -proclamation of May, 1865, and the contest continued to the end of his -term. The nature of the issue explains the character and violence of -his speeches, especially that of the twenty-second day of February, -1866, when he spoke of Congress as a "body hanging on the verge of the -Government." - -In the many speeches which he delivered in his trip through the West, -he made distinct charges against Congress. He was accompanied by Mr. -Seward, General Grant, Admiral Farragut, and some others. In a speech -at Cleveland, Ohio, he said, among other things, "I have called upon -your Congress, which has tried to break up the Government." Again, in -the same speech he said, "I tell you my countrymen, that although the -powers of Thad Stevens and his gang were by, they could not turn me -from my purpose. There is no power that can turn me, except you and -the God who put me into existence." He charged, also, that Congress -had taken great pains to poison their constituents against him. "What -had Congress done? Had they done anything to restore the Union in -those States? No; on the contrary, they had done everything to prevent -it." - -In a speech made at St. Louis, Missouri, September 8, 1866, Mr. Johnson -discussed the riot at New Orleans.* In that speech he said, "If you -will take up the riot in New Orleans, and trace it back to its source, -or its immediate cause, you will find out who was responsible for the -blood that was shed there. If you will take up the riot at New -Orleans and trace it back to the radical Congress, you will find that -the riot at New Orleans was substantially planned." After some -further observations, he says: "Yes, you will find that another -rebellion was commenced, having its origin in the radical Congress." - -These extracts from Mr. Johnson's speeches should be considered in -connection with his proclamations of May, June, and July, 1865. They -are conclusive to this point: that he had determined to reconstruct -the Government upon the basis of the return of the States that had been -engaged in the rebellion without the imposition of any conditions -whatsoever, except such as he had imposed upon them in his -proclamations. In fine, that the Government was to be re-established -without the authority or even the assent of the Congress of the United -States. In his proclamations he made provision for the framing of -constitutions in the respective States, their ratification by the -people, excluding all those who were not voters in April, 1861, and for -the election of Senators and Representatives to the Congress of the -United States without the assent of the Representatives of the existing -States. - -When I arrived in Washington to attend the meeting of Congress at the -December session, 1866, I received a note from Mr. Stanton asking me to -meet him at the War Office with as little delay as might be -practicable. When I called at the War Office, he beckoned me to retire -to his private room, where he soon met me. He then said that he had -been more disturbed by the condition of affairs in the preceding weeks -and months than he had been at any time during the war. He gave me to -understand that orders had been issued to the army of which neither he -nor General Grant had any knowledge. He further gave me to understand -also that he apprehended an attempt by the President to re-organize the -Government by the assembling of a Congress in which the members from -the seceding States and the Democratic members from the North might -obtain control through the aid of the Executive. He then said that he -thought it necessary that some act should be passed by which the power -of the President might be limited. Under his dictation, and after such -consultation as seemed to be required, I drafted amendments to the -Appropriation Bill for the Support of the Army, which contained the -following provisions: The headquarters of the General of the Army were -fixed at Washington, where he was to remain unless transferred to duty -elsewhere by his own consent or by the consent of the Senate. Next, it -was made a misdemeanor for the President to transmit orders to any -officer of the army except through the General of the Army. It was -also made a misdemeanor for any officer to obey orders issued in any -other way than through the General of the Army, knowing that the same -had been so issued. These provisions were taken by me to Mr. Stevens, -the chairman of the Committee on Appropriations. After some -explanation, the measure was accepted by the committee and incorporated -in the Army Appropriation Bill. The bill was approved by the President -the second day of March, 1867. His approval was accompanied by a -protest on his part that the provision was unconstitutional, and by the -statement that he approved the bill only because it was necessary for -the support of the army. - -At the time of my interview with Mr. Stanton, I was not informed fully -as to the events that had transpired in the preceding months, nor can -I say now that everything which had transpired of importance was then -known to Mr. Stanton. The statement that I am now to make was derived -from conversations with General Grant. At a time previous to the -December session of 1866, the President said to General Grant, "I may -wish to send you on a mission to Mexico." General Grant replied, "It -may not be convenient for me to go to Mexico." Little, if anything, -further was said between the President and General Grant. At a -subsequent time General Grant was invited to a Cabinet meeting. At -that meeting Mr. Seward read a paper of instruction to General Grant -as Minister of some degree to Mexico. The contents of the paper did -not impress General Grant very seriously, for in the communication that -he made to me he said that "the instructions came out very near where -they went in." At the end of the reading General Grant said, "You -recollect, Mr. President, I said it would not be convenient for me to -go to Mexico." Upon that a conversation followed, when the President -became heated, and rising from his seat, and striking the table with -some force, he said "Is there an officer of the army who will not -obey my instructions?" General Grant took his hat in his hand, and -said, "I am an officer of the army, but I am a citizen also; and this -is a civil service that you require of me. I decline it." He then -left the meeting. It happened also that previous to this conversation -the President had ordered General Sherman, who was in command at Fort -Leavenworth, to report at Washington. General Sherman obeyed the -order, came to Washington, and had a conference with General Grant -before he reported to the President. In that situation of affairs -General Sherman was sent to Mexico upon the mission which had been -prepared for General Grant. - -The suggestion that Mr. Johnson contemplated the re-organization of the -Government by the admission of the States that had been in rebellion, -and by the recognition of Senators and Representatives that might be -assigned from those States, received support from the testimony given -by Major-General William H. Emory, and also from the testimony of -General Grant. In the latter part of the year 1867 and the first part -of the year 1868, General Emory was in command of the Department of -Washington. When he entered upon the command, he called upon the -President. A conversation, apparently not very important, occurred -between them, as to the military forces then in that department. In -February, 1868, the President directed his secretary to ask General -Emory to call upon him as early as practicable. In obedience to that -request General Emory called on the twenty-second day of February. The -President referred to the former conversation, and then inquired -whether any changes had been made, and especially within the recent -days, in the military forces under Emory's command. In the course of -the conversation growing out of these requests for information, General -Emory referred to an order which had then been recently issued which -embodied the provisions of the act of March, 1867, in regard to the -command of the army and the transmission of orders. The President -then said to Emory: - -"What order do you refer to?" - -In reply Emory said: "Order No. 17 of the Series of 1867." - -The order was produced and read by the President, who said: - -"This is not in conformity with the Constitution of the United States, -that makes me commander-in-chief, or with the terms of your commission." - -General Emory said: "That is the order which you have approved and -issued to the army for our government." - -The President then said: "Am I to understand that the President of the -United States cannot give an order except through the head of the army, -or General Grant?" - -In the course of the conversation, General Emory informed the President -that eminent lawyers had been consulted, that he had consulted Robert -J. Walker, and that all of the lawyers consulted had expressed the -opinion that the officers of the army were bound by the order whether -the statute was constitutional or unconstitutional. - -When General Grant was before the Judiciary Committee of the House of -Representatives during the impeachment investigation, this question -was put to him: - -"Have you at any time heard the President make any remark in regard -to the admission of members of Congress from rebel States in either -House?" - -"I cannot say positively what I have heard him say. I have heard him -say as much in his public speeches as anywhere else. I have heard him -say twice in his speeches that if the North carried the election by -members enough to give them, with the Southern members, the majority, -why should they not be the Congress of the United States? I have -heard him say that several times." - -That answer was followed by this question: - -"When you say the North, you mean the Democratic Party of the North, -or, in other words, the party advocating his policy?" - -General Grant replied: - -"I meant if the North carried enough members in favor of the admission -of the South. I did not hear him say that he would recognize them as -the Congress, I merely heard him ask the question, 'Why would they not -be the Congress?'" - -At this point, and without further discussion of the purpose of Mr. -Johnson in regard to the reorganization of the Government, I think it -may be stated without injustice to him, that while he was opposed to -secession at the time the Confederate Government was organized, and -thenceforward and always without change of opinion, yet he was also -of opinion that the act of secession by the several States had not -disturbed their legal relations to the National Government. Acting -upon that opinion, he proceeded to reorganize the State governments, -and with the purpose of securing the admission of their Senators and -Representatives without seeking or accepting the judgment of Congress -upon the questions involved in the proceeding. On one vital point he -erred seriously and fundamentally as to the authority of the President -in the matter. From the nature of our Government there could be no -escape in a legal point of view from the conclusion that, whatever the -relations were of the seceding States to the General Government, the -method of restoration was to be ascertained and determined by Congress, -and not by the President acting as the chief executive authority of the -nation. In a legal and constitutional view, that act on his part, -although resting upon opinions which he had long entertained, and which -were entertained by many others, must be treated as an act of usurpation. - -The facts embodied in the charges on which Mr. Johnson was impeached -by the House and arraigned before the Senate were not open to doubt, -but legal proof was wanting in regard to the exact language of his -speeches. The charges were in substance these: That he had attacked -the integrity and the lawful authority of the Congress of the United -States in public speeches made in the presence of the country. The -second charge was that he had attempted the removal of Mr. Stanton -from the office of Secretary of War, and that, without the concurrence -of the Senate, he had so removed him, contrary to the act of Congress, -known as the Tenure of Office Act. In the first investigation into -the conduct of Andrew Johnson, he was described in the resolution as -"Vice-President of the United States, discharging at present the duties -of President of the United States." The resolution was adopted by the -House of Representatives the seventh day of March, 1867. A large -amount of testimony was taken, and the report of the committee, in -three parts, by the different members, was submitted to the House the -fourth day of the following December. The majority of the committee, -consisting of George S. Boutwell, Francis Thomas, Thomas Williams, -William Lawrence, and John C. Churchill, reported a resolution -providing for the impeachment of the President of the United States, -in these words: "Resolved, that Andrew Johnson, President of the -United States, be impeached of high crimes and misdemeanors." It will -be observed that in the resolution for his impeachment he is described -as "President of the United States," while in the resolution -authorizing the inquiry into his conduct he is described as "Vice- -President, discharging at present the duties of the President of the -United States." This question received very careful consideration by -the committee, and the conclusion was reached that he was the President -of the United States, although he had been elected only to the office -of Vice-President. As that question was not raised at the trial by -demurrer or motion, it may now be accepted as the established doctrine -that the Vice-President, when he enters upon the duties of President, -becomes President of the United States. The extended report that was -made by the majority of the committee was written by Mr. Williams. -The summary, which was in the nature of charges, was written by myself. -That summary set forth twenty-eight specifications of misconduct on the -part of the President, many of which, however, where abandoned when the -articles of impeachment were prepared in February, 1868. - -In the discussion of the committee there were serious differences of -opinion upon provisions of law. The minority of the committee, -consisting of James F. Wilson, who was chairman of the Judiciary -Committee, Frederick E. Woodbridge, S. S. Marshall, and Charles R. -Eldridge, maintained the doctrine that a civil officer under the -Constitution of the United States was not liable to impeachment except -for the commission of an indictable offence. This doctrine had very -large support in the legal profession, resting on remarks found in -Blackstone. On the other hand, Chancellor Kent, in his Commentaries, -had given support to the doctrine that a civil officer was liable to -impeachment who misdemeaned himself in office. The provision of the -Constitution is in these words: - -"The President, Vice-President, and all Civil Officers of the United -States shall be removed from office on impeachment for, and conviction -of, treason, bribery, or other high crimes and misdemeanors." - -The majority of the Judiciary Committee, in the controversy which -arose in the committee and in the House of Representatives, maintained -that the word "misdemeanors" was used in a political sense, and not in -the sense in which it is used in criminal law. In support of this -view attention was called to the fact that the party convicted was -liable only to removal from office, and therefore that the object of -the process of impeachment was the purification and preservation of the -civil service. In the opinion of the majority, it was the necessity of -the situation that the power of impeachment should extend to acts and -offences that were not indictable by statute nor at common law. The -report of the Judiciary Committee, made the twenty-fifth day of -November, was rejected by the House of Representatives. - -The attempt of the President to remove Mr. Stanton from the office of -Secretary for the Department of War revived the question of -impeachment, and on Monday, the twenty-fourth day of February, 1868, -the House of Representatives "resolved to impeach Andrew Johnson, -President of the United States, of high crimes and misdemeanors." The -articles of impeachment were acted on by the House of Representatives -the second day of March, and on the fourth day of March they were -presented to the Senate through Mr. Bingham, chairman of the managers, -who was designated for that duty. - -The articles were directed to the following points, namely: That the -President, by his speeches, had attempted "to set aside the rightful -authority and powers of Congress"; that he had attempted "to bring -into disgrace, ridicule, hatred, contempt, and reproach the Congress of -the United States and the several branches thereof"; and "that he had -attempted to incite the odium and resentment of all the good people of -the United States against Congress and the laws by them duly and -constitutionally enacted." Further, it was alleged that he had -declared in speeches that the "Thirty-ninth Congress of the United -States was not a Congress of the United States authorized by the -Constitution of the United States to exercise legislative power in the -same." - -A further charge, and on which greater reliance was placed, was set -forth in these words: "That he had denied and intended to deny the -power of the Thirty-ninth Congress to propose amendments to the -Constitution of the United States." These articles were in substance -the articles that had been rejected by the House of Representatives in -1867. Finally, as the most important averment of all, the President -was charged with an "attempt to prevent the execution of the act -entitled 'An Act Regulating the Tenure of Certain Civil Offices,' -passed March 2, 1867, by unlawfully devising and contriving and -attempting to contrive means by which he could prevent Edwin M. Stanton -from forthwith resuming the function of the office of the Secretary for -the Department of War, notwithstanding the refusal of the Senate to -concur in the suspension theretofore made by said Andrew Johnson of the -said Edwin M. Stanton from said office of Secretary for the Department -of War." In various forms of language these several charges were set -forth in the different articles of impeachment--eleven in all. The -eleventh article, which was prepared by Mr. Stevens, embodied the -summary of all the charges mentioned. It is to be observed that in the -eleventh article there is no allegation that the President had -committed an offence that was indictable under any statute of the -United States or that would have been indictable at common law. It -may be assumed, I think, that for this country, at least, the question -that was raised at the beginning and argued with great force, and by -which possibly the House of Representatives may have been influenced -in the year 1867, has been settled in accord with the report of the -majority of the Judiciary Committee. The House decided that the -President was impeachable for misdemeanors in office. With stronger -reason it may be said that every other civil officer is bound to -behave himself well in his office. He cannot do any act which impairs -his standing in the place which he holds, or which may bring discredit -upon the public, and especially he may not do any act in disregard of -his oath to obey the laws and to support the Constitution of the -country. The eleventh article was the chief article that was -submitted to a vote in the Senate. The question raised by that article -is this in substance: Is the President of the United States guilty in -manner and form as set forth in this article? On that question thirty- -five Senators voted that he was guilty, and nineteen Senators voted -that he was not guilty. Under the Constitution the President was found -not guilty of the offences charged, but the majority given may be -accepted, and probably will be accepted, as the judgment of the Senate -that the President of the United States is liable to impeachment and -removal from office for acts and conduct that do not subject him to the -process of indictment and trial in the criminal courts. At this point -I express the opinion that something has been gained, indeed that much -has been gained, by the decision of the House of Representatives, -supported by the opinions of a large majority in the Senate. - -The answer of the respondent, considered in connection with the -arguments that were made by his counsel, sets forth the ground upon -which the Republican members of the Senate may have voted that the -President was not guilty of the two principal offences charged, viz: -that in his speeches he had denounced and brought into contempt, -intentionally, the Congress of the United States; and, second, that his -attempted removal of Edwin M. Stanton was a violation of the Tenure -of Office Act. In the President's answer to article ten, which -contained the allegation that in his speech at St. Louis, in the year -1866, he had used certain language in derogation of the authority of -the Congress of the United States, it was averred that the extracts did -not present his speech or address accurately. Further than that, it -was claimed that the allegation under that article was not "cognizable -by the court as a high misdemeanor in office." Finally, it was claimed -that proof should be made of the "actual" speech and address of the -President on that occasion. The managers were not able to meet the -demand for proof in a technical sense. The speech was reported in the -ordinary way, and the proof was limited to the good faith of the -reporters and the general accuracy of the printed report in the -newspapers. In this situation as to the charges and the answer, it is -not difficult to reach the conclusion that members of the Senate had -ground for the vote of not guilty upon the several charges in regard -to the speeches that were imputed to the President. - -Judge Curtis, in his opening argument, furnished a technical answer to -the article in which the President was charged with the violation of -the Tenure of Office Act, in his attempt to remove Mr. Stanton from the -office of Secretary of the Department of War. Judge Curtis gave to the -proviso to that statute an interpretation corresponding to the -interpretation given to criminal statutes. Mr. Stanton was appointed -to the office in the first term of Mr. Lincoln's administration. The -proviso of the statute was in these words: "Provided that the -Secretaries of State, of the Treasury, of War, etc., shall hold their -offices for and during the term of the President by whom they may have -been appointed, and for one month thereafter, subject to their removal -by and with the advice of the Senate." The proviso contained -exceptions to the body of the statute, by which all civil officers who -held appointments by and with the advice and consent of the Senate -were secure in their places unless the Senate should assent to their -removal. It was the object of the proviso to relieve an incoming -President of Secretaries who had been appointed by his predecessor. -The construction of the proviso, as given by Judge Curtis, was fatal -to the position taken by the managers. It was claimed by the managers -that the sole object of the proviso was the relief of an incoming -President from the continuance of a Secretary in office beyond thirty -days after the commencement of his term, and that it had no reference -whatever to the right of the President to remove a Secretary during -his term. - -There were incidents in the course of the proceedings that possess -historical value. By the Constitution the Chief Justice of the -Supreme Court is made the presiding officer in the Senate when the -President is put upon trial on articles of impeachment. Chief Justice -Chase claimed that he was to be addressed as "Chief Justice." That -claim was recognized by the counsel for the President and by some -members of the Senate. The managers claimed that he was there as the -presiding officer, and not in his judiciary capacity. He was addressed -by the managers and some of the Senators as "Mr. President." - -There was a difference of opinion in the Senate, and a difference -between the managers and the counsel for the respondent, as to the -right of the presiding officer to rule upon questions of law and -evidence arising in the course of the trial. Under the rule of the -Senate as adopted, the rulings of the President were to stand unless a -Senator should ask for the judgment of the Senate. - -Other instances occurred which do not possess historical value, but -were incidents unusual in judicial proceedings. When the Judiciary -Committee of the House was entering upon the investigation of the -conduct of President Johnson, General Butler expressed the opinion that -upon the adoption of articles of impeachment by the House the President -would be suspended in his office until the verdict of the Senate. As -this view was not accepted by the committee, I made these remarks in -my opening speech to the House after a review of the arguments for and -against the proposition: - -"I cannot doubt the soundness of the opinion that the President, even -when impeached by the House, is entitled to his office until he has -been convicted by the Senate." - -This view was accepted. - -At the first meeting of the managers I was elected chairman by the -votes of Mr. Stevens, General Logan, and General Butler. Mr. Bingham -received the votes of Mr. Wilson and Mr. Williams. Upon the -announcement of the vote, Mr. Bingham made remarks indicating serious -disappointment and a purpose to retire from the Board of Managers. I -accepted the election, and acted as chairman at the meeting. At the -next meeting, and without consultation with my associates, I resigned -the place and nominated Mr. Bingham. The nomination was not objected -to, and Mr. Bingham took the chair without comment by himself, nor was -there any comment by any other person. The gentlemen who had given -me their votes and support criticized my conduct with considerable -freedom, and were by no means reconciled by the statement which I made -to them. Having reference to the nature of the contest and the -condition of public sentiment, I thought it important that the -managers should avoid any controversy before the public, especially as -to a matter of premiership in the conduct of the trial. It seemed to -be important that the entire force of the House of Representatives -should be directed to one object, the conviction of the accused. -Beyond this, Mr. Bingham and Mr. Wilson had been opposed to the -impeachment of Mr. Johnson when the attempt was first made in the -House of Representatives. I thought it important to combine the -strength that they represented in support of the proceeding in which -we were then engaged. If Mr. Stevens had been in good health, he -would have received my support and the support of General Butler and -General Logan. At that time his health was much impaired, but his -intellectual faculties were free from any cloud. - -Another incident occurred which does not require explanation, and which -may not be open to any explanation. After the report of the Judiciary -Committee, and its rejection by the House of Representatives, I was -surprised to receive an invitation from the President to dine with him -at what is known as a State dinner. I assumed that arrangements had -been made for a series of such dinners, and that the invitation had -been sent out by a clerk upon a prearranged plan as to the order of -invitations. When the matter had passed out of my mind, but before -the day named for the dinner, I received a call on the floor of the -House from Mr. Cooper, son-in-law of the President and secretary in -the Executive Mansion. He asked me if I had received an invitation to -dine with the President. I said I had. Next he said, "Have you -answered it?" I said, "No, I have not." That was followed by the -further question, "Will you answer it?" I said, "No, I shall not." -That ended the conversation. - -After the decision in the Senate had been made, the managers proceeded -under the order of the House to investigate the truthfulness of rumors -that were afloat, that money and other valuable considerations had been -used to secure the acquittal of the President. That investigation -established the fact that money had been in the possession of persons -who had been engaged in efforts to secure the acquittal of the -President. Those persons, with perhaps a single exception, were -persons who had no official connection with the Government, and none -of them were connected with the Government at Washington. As to most -of them, it appeared that they had no reasons, indeed no good cause, -why they should have taken part either for the conviction of the -President or in behalf of his acquittal. The sources from which funds -were obtained did not appear, nor was there evidence indicating the -amount that had been used, nor the objects to which the money had -been applied. It should be said as to Senators, that there was no -evidence implicating them in the receipt of money or other valuable -considerations. One very important fact not then known to the managers -appeared afterwards in the report of the Treasury Department, showing -a very large loss by the Government during the last eighteen months of -Mr. Johnson's administration. In that period the total receipts from -the duties on spirits amounted to $41,678,684.34. During the first -eighteen months of General Grant's administration, when the rates of -duties and taxation remained the same, the total receipts of revenue -from spirits amounted to $82,417,419.85, showing a difference of -$40,738,735.51. It is not easy to explain in full this money loss in -one branch of the public service. Something may be attributed to the -fact that persons obtained nominations for office by representations to -the President that they were his friends and supporters, and would -continue to be so, under all circumstances. When their nominations -came to the Senate, they made representations of an opposite character. -When they had received their appointments, they very naturally allied -themselves with the President's policy, inasmuch as they could not be -easily removed except upon an initiative taken by him. This deficiency -occurred in the states and districts in which the money should have -been collected and through the agents employed there. It other words, -no part of the deficiency ever passed into the Treasury of the United -States. - -It is not improbable that a majority of the people now entertain the -opinion that the action of the House of Representatives in the attempt -that was made to impeach President Johnson was an error. - -It is not for me to engage in a discussion on that point. I end by -the expression of the opinion that the vote of the House and the vote -of the Senate, by which the doctrine was established that a civil -officer is liable to impeachment for misdemeanor in office, is a gain -to the public that is full compensation for the undertaking, and that -these proceedings against Mr. Johnson were free from any element or -quality of injustice. - -Johnson's case ought to be borne in mind in all agitation for a longer -Presidential term. Whenever the country is engaged in a Presidential -contest there are complains by business men accompanied by a demand for -an extension of the term of office to six or in some instances to ten -years. The disturbance of business is due to the importance of the -election, and the importance of an election is due to the amount of -power that is to be secured by the successful party. An extension of -the term would add to the importance of the election, and a term of -six or ten years would intensify the contest and the injury to business -would be intensified, proportionately. It is doubtful whether in a -period of twenty or fifty years any appreciable relief to business -would be furnished by an extension of the term of the Presidential -office. - -It is by no means certain that the total of business is not as great -as it would be in the same four years if the term were ten years -instead of four. The total of production and consumption cannot be -affected seriously by a political controversy that does not extend -usually, over a period of more than three months. If business is -diminished during those months there will be a corresponding gain in -the months that are to follow. - -In a popular government there must be elections, and in all such -governments business interests must be subordinated to the general -welfare. The changes that have taken place since the Government was -organized would justify the shortening rather than the lengthening -of the Presidential term. The means of communication are such that -two years may give the mass of the people better means for judging -men and measures than could be had in four years at the opening of this -century. - -There is no form of education that more fully justifies its cost than -the education that is gained in a Presidential canvass. The -newspapers, the magazines, and more than all the speakers--"stump -orators" as they are called--communicate information and stimulate -thought. The voters are converted into a great jury, and after full -allowance is made for weakness, corruption and coercion, they are -advanced at each quadrennial contest in their knowledge of men, in -their ability to deal with measures of policy, and in comprehension -of the principles of government. If the losses in business were as -great as is ever represented, the educational advantages of a -Presidential canvass are an adequate set-off. The people have an -opportunity to see and hear the men who are engaged in public affairs -and questions are discussed upon their intrinsic merits. In the sixty -years of my experience there has been a great advance in the quality -of the speeches to which the people have listened. The speeches of -1840 would not be tolerated in 1900. - -When great questions are under debate appeals are made to the -principles of government and proportionately the education of the -people is of a higher grade. - -A serious objection to a long term in the Presidential office is the -fact that a spirit of discontent, that always exists, will develop into -insubordination or even revolution. We have an example in the history -of the Republic of Hayti. The term is seven years and in many cases -the President has been superseded by the leader of a revolutionary -party. The most recent instance was the overthrow of President -Legitime and the instalment of Hyppolite. The peace and prosperity of -Hayti would be promoted by reducing the term of the Presidential office -to two years. The contests that are sure to arise among a mercurial -people would thus be transferred from the battle-field to the ballot- -box. Who could have answered for the peace of the United States in -1868 if President Johnson's term had been six years instead of eight -months? - -[* This was a race riot, which occurred July 30, 1866, and in which -many negroes were killed.--EDITOR.] - - -XXXIII -THE TREASURY DEPARTMENT IN 1869 - -In March, 1869, I was appointed Secretary of the Treasury by President -Grant. Soon after my appointment Mr. McCulloch, the retiring -Secretary, said to me that I should find the department in excellent -order, and that in his opinion the financial difficulties of the -Government had been overcome. The first of these statements was true -in part, and in part it was very erroneous. - -The accounting branch of the service was properly administered -practically, but there were about one hundred persons on the pay rolls -who had no desks in the department, and who performed but little work -at their homes, where some of them ostensibly were employed in -copying. - -Several heads of bureaus were notoriously intemperate. This condition -of things was due in part to the war and to the exigencies of the -department consequent upon the war; and in part it was due to the -constitutional infirmities of Mr. Chase and Mr. McCulloch. In some -respects they resembled each other. They were phlegmatic in -temperament, lacking in versatility, and lacking in facility for labor -and business. - -Mr. McCulloch was diligent, industrious and conscientiously devoted to -his duties. He had been crippled in his administration by the conflict -between Congress and the President. The head of the Treasury needs -the confidence of the President, and the confidence and the support of -Congress. The latter Mr. McCulloch did not enjoy, and there were -indications that in some respects he differed with the President. He -was hampered by the fact that any change in the personnel of his -department would be followed by inquiries from one party or the other, -coupled oftentimes with complaints and criticisms. - -Great evils existed in the revenue system. The controversy between -Congress and the President led to many removals of collectors of -customs and of internal revenue. Their places were supplied by persons -who could accommodate themselves to both parties. The President was -made to believe that the applicants were his friends, but that their -relations with Republican Senators were such that they could secure -confirmation. When nominated these men represented themselves as good -Republicans and friendly to the Congressional policy. From such -persons an honest performance of duty could not have been expected. -Hence gross frauds upon the revenue were perpetrated and in most -instances by the connivance of those in office. - -The returns for the last year of Johnson's administration, and the -first years of Grant's administration, showed that the loss on whisky -in the first named period was not less than thirty million dollars. - -That there were other great losses was proved by the facts that the -payments on the public debt were less than thirty million dollars -during the last year of Johnson's administration and that the payments -were one hundred million dollars during the first year of Grant's -administration, and that without any additional sources of revenue. - -If Mr. McCulloch's first statement had been true in the most important -particulars, his second claim would not have been open to debate. It -was true that the department had passed the point where there was any -exigency for money. The Government was no longer a borrower. Payments -on the public debt had been made, but otherwise nothing had been done -to relieve the country of the interest account, nor was the credit of -the Government such that any practicable movement in that direction -could have been made. - -The six per cent bonds were worth only 83 or 84, and no step had been -taken to redeem the pledge of the Government in regard to the Sinking -Fund made in the act of February 25, 1862. The interest account -exceeded two hundred and thirty-three million dollars. - -Mr. S. M. Clark was the chief of the Bureau of Printing and Engraving -and everything was confided to him. It is to be said after the lapse -of thirty years for examination, that not a tittle of evidence has -been found warranting any imputation upon his integrity. It is true -that in one instance a dishonest plate printer took an impression of -a bond upon a sheet of lead for use in counterfeiting. The possibility -of such an act was due to a lack of system and not to any want of -fidelity in Mr. Clark. One of my first acts was to remove Mr. Clark, -and then to open a new set of books. The printing of the old issues -was suspended permanently, and new plates were prepared. Mr. Clark had -had control of the manufacture of the paper, the control of the -engravers, the control of the plates, the control of the printers, of -the counters, and he had had the custody of the red seal. The postal -currency was printed under his direction. The pieces were not -numbered, they were due bills only. At the end of twenty years the -books showed an issue of about fifteen million dollars in excess of the -redemptions. - -His power was unlimited as there were no checks upon him. He once said -to me when a committee of Congress was investigating his bureau, during -Mr. McCulloch's administration: - -"They will never find a five cent piece out of the way." - -After the discharge of Clark, I ordered an account of stock to be -taken. I appointed a custodian of the plates after a full inventory -had been made, whose duty it was to deliver the plates each morning -to the printers, to charge them to the printers, to receive them at the -close of the day, and to settle the account of each man. A special -paper was designated and public notice was given under the statute by -which it was made a crime for any person to make, use or have in his -possession any paper so designated. The paper was manufactured under -the supervision of an agent of the department, who was authorized to -count and receive all the paper at the mills and to answer the orders -for its delivery to the printers. The paper making machine was -equipped with a register which numbered the sheets of paper. That -record was compared daily with the number of sheets received by the -agent, and thus the Government was protected against any fraudulent or -erroneous issue of paper. Registers were also placed upon each -printing press. Each morning one thousand sheets of paper were -delivered to each plate printer, and at the close of work his printed -sheets were counted and the number compared with the register before -the printer was allowed to leave the office. In like manner there was -an accounting with each counter. The same system was extended to the -managers of the machines used for numbering bonds and bank notes. The -registering machine was made by an employee, under my direction, and -at the cost of the Government. - -Books of account were opened upon the new system. During my -administration, as far as I know, there was never the loss of a sheet -of paper nor was there a fraud committed in connection with the -business of the bureau. For further security, I made arrangements by -which two bank note companies in the City of New York prepared sets -of plates for a single printing on each security, the red seal being -imprinted in the Treasury Bureau. By this arrangement collusion was -impossible. The expense of printing was increased by this arrangement, -but it seemed to be more important to attain absolute security against -fraud than to save money. My successors have thought otherwise and the -printing is now done in the Treasury. - -During my term I ascertained that a man in New York who had once been -employed to print certain securities, had in his possession the plates -which he had used and which he claimed as his property. The printing -had been done in Mr. Chase's administration and there was no agreement -that the plates were to be delivered to the Government. The plates -were obtained, finally, by the payment of a sum of money. The person -who had the plates was an old man, and there was danger that they might -fall into the hands of dishonest parties. - -When I was in charge of the Treasury I had an understanding with -Colonel Whiteley, the Chief of the Secret Service that I should have an -interview with any expert professional criminals who might fall into -his hands. I recall an interview with one such criminal. A man of -forty years and a gentleman in appearance, and a professional -gentleman, as well as a criminal by profession. - -Upon the suggestion of Colonel Whiteley I gave the prisoner a fresh -one dollar green-back note. He took a phial of liquid from his -pocket, wet one half of the paper with the liquid and in my presence -the colors disappeared from the paper. Time and exposure have given -a dark tinge to the paper which was a pure white when the experiment -was ended. By the use of the liquid the counterfeiter was able to -obtain a piece of fibre paper on which a bill of large denomination -might be printed, given only the engraving. - -The revenue marine service was impaired by the incompetency of many of -the officers, and its efficiency was also impaired by the size and -quality of the ships. Some of them were sailing vessels, most of them -were of wood, and the modern ones were unnecessarily large in size. I -created a commission and all the officers except a few who were too old -for active service were subjected to an examination and those who were -found incompetent were discharged from the service. Their places were -filled by young, active and well qualified men. - -A commission was appointed to consider and report upon the size of the -vessels that were best adapted to the service. Three reports from -successive commissions were made before a satisfactory result was -reached. Finally, a report was made by Captain Carlisle Patterson, -that was approved by me and by a committee of Congress. The -recommendations of that report have been followed, as far as I know. - -At that time the Mint Service was without organization. Each mint and -assay office was in charge of an officer called superintendent, but -there was no head unless the Secretary of the Treasury could be so -considered, as all the business came to him. Upon my recommendation -Congress authorized the appointment of a Director of the Mint, and -upon my recommendation the President appointed Dr. Linderman, a -Philadelphia Democrat, but a gentleman familiar with the service. -Under him the service was organized and made systematic. - -When I took charge of the Treasury Department there was no system of -bookkeeping and accounting, that was uniform in the various customs -houses of the country. Each port had a plan or mode of its own, and -there was no one that was so perfect that it could be accepted as a -model in all the ports. The books and forms were made and prepared at -the several ports and often at inordinate rates of cost. - -I appointed a commission of Treasury experts to prepare forms and books -for every branch of business. Their report was accepted and since that -time the modes of accounting have been the same at all the ports. The -stationery prepared is furnished through the Government printing -office, at a considerable saving in cost, and clerks in the accounting -branch of the Treasury are relieved of much labor in the preparation -of statements. - -Upon the transfer of Mr. Columbus Delano from the office of -commissioner of Internal Revenue to the Secretaryship of the Interior -Department, the question of the appointment of a successor was -considered. The President named General Alfred Pleasanton, who was -then a collector of internal revenue in the city of New York. He had -been a good cavalry officer, a graduate of West Point, and the -President was attached to him. My acquaintance with Pleasanton was -limited, but I was quite doubtful of his fitness for the place. My -opposition gave rise to some delay, but at the end the appointment -was made, the President saying in reply to my doubts that if he did -not succeed he had only to say so to the General and he would leave -at once. The appointment of Pleasanton was urged by Mr. Delano and -General Horace Porter as I understood, both of whom were very near -the President. - -Pleasanton had been informed of my position, and although I was his -immediate superior he did not call upon me, nor did he ever, except -upon one occasion, come into my office, unless I sent for him. On -my part I resolved to avoid any criticism upon his official conduct -unless compelled to do so. He entered upon his duties the first of -January, 1871, and although in several instances I had occasion to -control his purposes in regard to contracts and to the refund of -taxes, I did not feel called upon to mention the facts to the -President. In May the President said: - -"I have come to the conclusion that Pleasanton is not succeeding in -his office." - -I replied: "That is so." - -The President then said: "I will try to find some other place for him, -and I will then ask him to resign." - -The President went to Long Branch for the summer and nothing was done. -I had very early discovered that Samuel Ward was exercising a good -deal of influence over the commissioner. It was his policy to secure -influence by giving dinners and entertainments, and, as far as -possible, he obtained the attendance of influential members of Congress -and of the chief officers in the executive departments. He once said: - -"I do not introduce my measures at these entertainments, but I put -myself upon terms with persons who have power." - -On a time I received a report on the subject of refunding a cotton -tax amounting to about $600,000. It bore two endorsements--one by the -solicitor "Examined and disallowed, Chesley," and one by the -commissioner "Allowed, Pleasanton." - -I placed the report in my private drawer with the purpose of delaying -action until I should ascertain where the propelling force existed. -Having occasion to go to Massachusetts I was absent about two weeks. -Upon my return Mr. Ward came into my office and inquired whether I had -received the report. I replied that I had received it. "Had I acted -upon it?" I said that I had not. He then proceeded to say that the -claim was a good one,--that Mr. Delano had examined it, and had -concluded to pass it, but as he left the office rather suddenly he had -neglected to act upon it. Finally, he expressed the hope that I would -act without delay. I had already decided the case adversely upon the -ground that the allowance was unauthorized. Therefore I had only to -endorse the word "disallowed" with my signature and to return the -report to the commissioner. I learned that the commissioner was -engaged through the agency of Ward in making a contract with a -Connecticut firm that was in my opinion at once improvident and -irregular. This act led me to determine to end the difficulty at once. -I went to the Executive Mansion and asked General Babcock to go to -Long Branch and say to the President that the business of the Internal -Revenue Office was in such a condition that immediate action was -necessary. As a result the President returned that night and early -the next morning he sent for me. I stated the facts, and he said he -would send for General Pleasanton and ask him to resign. At the -interview Pleasanton asked for the reasons. The President said: "The -Secretary is not satisfied with your administration." Pleasanton -replied: "I think I can make everything satisfactory to the -Secretary." The President replied, naturally: "If you can, I am -content." Then for the first time Pleasanton came to my office -without a request from me. I invited him into my private room, and -when he had related his interview with the President, I said: -"General, if this were a personal matter we might come to an -understanding, but your administration of the office has been a -failure from the first and you must resign." This ended the interview. -He refused to resign and the President removed him. He appealed to -the Senate in a lengthy communication, but without effect. Pleasanton -may have been, and probably was, a good military officer, but he did -not possess the qualities that are essential in the discharge of -important civil trusts. - -Neither from my experience in Congress nor in the Treasury Department -can I deduce much support for the doctrines of the class of politicians -called Civil Service Reformers. From their statements it would appear -that every member of Congress was the recipient of an amount of -patronage in the nature of clerkships that he could and did control. -I can say for myself that as a member I never asserted any such right -and as the head of the Treasury I can say that no such claim was ever -made upon me by any member of Congress. The nearest approach to it was -by George W. Julian. During one of his canvasses for re-nomination, -a clerk named Smith, and a correspondent of a journal in Mr. Julian's -district, had advocated the nomination of Mr. Wilson (Jeremiah). When -Mr. Julian secured the nomination, Smith gave him his support. -Nevertheless when Julian returned to Washington he demanded Smith's -removal. After hearing all the facts I declined to act. Julian was -very indignant, and afterwards from the Astor House, New York, wrote me -a violent, I think I might say unreasonable letter. - -The public mind has been much misled by the statements in regard to -removals and appointments. The employees in a department are of two -sorts. There is a class who are trained men in the places that they -occupy. They have been in the service for a long period. They are -familiar with the laws relating to their duties, and to the decisions -of the courts thereon, and they are the possessors of the traditions -of the offices. They are as nearly indispensable as one man can be -to another, or to the safe management of business. The head of a -department cannot dispense with the services of such men. All thought -of political opinions disappears. The responsibility of a change in -such a case is very great. No prudent administrator of a public trust -will venture upon such experiments. There is another class of clerks -who are employed in copying, in making computations in simple -arithmetic, in writing letters under dictation, and in other ordinary -clerical work. - -The public interest is not very large in the retention of such persons. -The ordinary graduates of the high schools of the country are competent -for all those duties. But the clerks of this class are not removed in -mass, and they never will be, under any administration. Even a fresh -man at the head of a department will soon find that the fancied -political advantages are no adequate compensation for the trouble that -he assumes and the risk of error and fraud that he runs when he takes -new and untried persons in the place of those who have been tested. -As late as 1870 about thirty per cent. of the employees of the -Treasury in 1860 were in office, and this notwithstanding that the -Treasury furnished recruits for both armies. During my time and for -years afterward, the post of Assistant Secretary was held by Mr. -Hartley, a Democrat from the days of Pierce and Buchanan. He was -experienced, diligent and entirely trustworthy. - -Of the first class of employees it is to be said that there is no -occasion to embalm them in their offices, and if their pay is adequate -there is no ground for placing them upon the pension rolls. Their -duties are not as exacting as the duties and labors of men in -corresponding stations in private life. As to the second class, their -relations to the public are such that no public obligation arises -except to pay them the stipulated salaries. - -It is essential to a proper administration that the Secretary or the -President should have the power of removal, and it should never be -coupled with the duty of making a statement of the cause. Not -infrequently a statement would be the occasion of scandal and of -suffering by innocent parties. The power may be abused as every -power may be, in the hands of dishonest or corrupt men. This is one -of the perils to the public, a peril from which no government can -escape. With us a change of rulers is a remedy for political wrongs -that do not belong to the catalogue of crimes. It may be said, -however, that this power of removal gives to a dishonest administrator -of a department the opportunity to secure the appointment of his -political friends in the place of political opponents removed, and this -whatever may be the method of appointment. The candidates may pass -the competitive examination, and they may enter upon their duties, but -their chief in thirty or sixty days may find them lacking in practical -aptitude, and so on, until those of the true faith shall be sent -forward by the examining board. - -Honest administrators of official duties are embarrassed by the system -and dishonest ones evade it. The system may become the enemy of -honesty and the shield of hypocrisy. Only this is needed. When the -appointing power has designated a person for an office, let that person -be examined by an independent board with reference to character and -those qualifications which seem to be a fit preparation for the -practical duties of the place. Whenever the power of appointment and -removal is abused the public has a remedy in a change of -administration. And herein is one reason why the Presidential term -should not be extended. There may be many evils of administration -which are not so flagrant as to warrant proceedings for impeachment. -Such evils may be borne for brief periods, when if the term of the -President were extended to six or eight years the dissatisfied elements -of society might be tempted to engage in revolutionary movements. Nor -is there wisdom in limiting the Presidential office to a single term in -the same person. The thought that one has a future is a great stimulus -to careful and energetic action in the performance of public duties. -For a President there is no future except a re-election, which is in -fact an approval by the country of his administration. A wise man will -strive to so conduct affairs as to merit that approval. A House of -Representatives already condemned by a popular verdict is but a poor -guardian of the rights of the people; and a defeated administration -performs its duties in the most indifferent manner. After a defeat -appointments will be made and acts done that would not have been -hazarded pending an election. It is true, probably, of every -administration, not excepting that of General Washington, that the -second term was less acceptable to the country than the first. Mr. -Lincoln had no second term, and it is useless to speculate upon its -probable character, if he had lived to perform its duties. - -It was my habit to be at the Treasury every morning at nine o'clock, -and I usually sent immediately for one or more heads of division or -chiefs of bureau for conference upon some matter connected with their -duties. By frequent interviews I acquired such knowledge of their -duties and of pending questions that I always had a reason for those -interviews. By this course I maintained relations of familiarity with -the officers who constituted the department for administrative -purposes, and I also established a system of punctuality in the matter -of attendance. When the head of a division is tardy, the clerks soon -venture to follow his example, and if he is prompt they are ashamed -to be dilatory unless they have an adequate excuse. The same relation -exists between the bureau officers and the head of a department. - -One of my first acts in the nature of a financial policy was to -establish the Sinking Fund, agreeably to the act of February 25, 1862. -Seven years had passed since the passage of the law and four years -since the end of the war and yet nothing had been done to provide for -the redemption of the public debt agreeably to the promise that had -been made when the Government was a large borrower of money and when -its credit was depreciated, seriously, in all the markets of the -world. In my first annual report, December, 1869, I advised Congress -of my action and I recommended the application of the bonds that I had -then purchased, amounting to about fifty-four million dollars, to the -Sinking Fund, until the deficiency then existing had been met. The -step that I then took was taken in obedience to the law, and not -from any great faith in the wisdom of the Sinking Fund policy, nor was -it from any fear that the Government could not pay its debts whether -a Sinking Fund was or was not created. - -The faith of the Government had been pledged to a particular policy and -I thought that the observance of that policy was both wise and just. A -government cannot afford to disregard the terms of its undertakings -even if a violation or neglect does not work harm to anyone. The -payments to the Sinking Fund were made regularly during General Grant's -administration, and the credit of the Government was thereby somewhat -strengthened. The chief element of strength was in the fact that the -payments were such as to astonish the heavily taxed and debt burdened -States of Europe. In my four years of service as the head of the -Treasury the payments on the debt reached the enormous sum of three -hundred and sixty-four million dollars. No one of my successors has -paid an equal amount, nor has an equal amount been paid in any other -equal period of time by the United States or by any other government. - -At the time I entered the Treasury the price of gold was at about -forty per cent premium and when I left the Treasury it was at about -twelve per cent premium. In the summer of 1869 I entered upon the -policy of selling gold and buying bonds. The sales and purchases -were made by the Assistant Treasurer in New York, but the bids were -reported to me and by me accepted or rejected. A leading criticism was -this: It was claimed that the simple method was to buy bonds in gold -and thus to secure the bonds by one transaction. - -This policy would have limited the number of purchasers of gold to -those who could command bonds. By the policy pursued the sales of gold -were open to anyone who had money. The gold was sold for currency, and -the bonds were purchased with currency. When the Treasury announced -its purpose to purchase bonds the price advanced in the market. The -President remarked to me jocularly that he had suffered by not knowing -what the department was about to do, inasmuch as he had sold bonds a -few days too early and at a price below their then present value. -During my service as Secretary of the Treasury I carried two -questions only to the Cabinet discussions--and I have forgotten one -of the questions, but it had some political significance. The other -arose in this manner: My method of negotiating the sale of new bonds -under the Funding Act of July, 1870, had been severely criticized. -The Government was compelled to give ninety days' notice of its -purpose to redeem five-twenty bonds, and as we could not with safety -make a call until we had the funds, and as our chief source was the -proceeds of new bonds we could not call until a sale was made. As a -consequence the Government was a loser of interest on all called bonds -for the period of ninety days. I arranged with the subscribers for -new bonds, that they should have the interest for the ninety days -upon a deposit of old bonds as security for the new ones subscribed -and taken. The Government lost nothing, and the subscribers were -benefitted greatly, and thus the subscriptions were increased. - -During the campaign of 1872 I had an opportunity to negotiate a new -loan upon the same basis. Knowing that the proceeding would renew -criticism, I thought it proper to lay the case before the President -and Cabinet. Upon their advice the negotiations were suspended. - -Governor Fish on more than one occasion complained that the Cabinet -were as ignorant of the proceedings and purposes of the Treasury as -was the outside world. His complaints were well founded. Much of the -business aside from routine matters was secret. For example my orders -for the sale of gold and the purchase of bonds were never issued at -any other time than Sunday evening, and then always by myself. The -orders were sent to the Sub-Treasurer at New York, and given to the -Associated Press at the same time. Consequently, on Monday morning -all the country was informed, and under such circumstances that the -chance of some to speculate upon the ignorance of others were reduced -to the minimum. Moreover, the members of the Cabinet might divide. I -should then be compelled to act upon my own judgment, and against the -views of some of my associates. Again, if I had the support of the -President and Cabinet, I could not have used the fact as an excuse for -myself. The public knew no one but the Secretary. I chose to act upon -my own judgment knowing that there was no one else to share the -responsibility in case of failure. - -In my report to Congress, in December, 1869, I set forth a system for -refunding the Public Debt. I had unfolded the scheme in a speech in -the House of Representatives, July 1868. I had already taken two -steps preparatory to the undertaking. First, in May, 1869, I -established the Sinking Fund under the Act of February 25, 1862. -Second, by the purchase of bonds the world had assurance that the debt -would be paid. The effect of these two measures was seen in the -increasing market value of the bonds. In other words the credit of the -country was improving. When the President was preparing his message of -December, 1869, he called upon me for my views in regard to the -Treasury, and I furnished him with a synopsis of my plan which he -embodied in his message. I retained a copy of the synopsis and that -copy is in the hands of my daughter. Simultaneously I prepared a bill -upon the basis of the report and caused the same to be printed upon the -Treasury press. Upon an examination of the papers on file in the -archives of the Senate I find that cuttings from my printed bill form -a part of the bill which was printed by the Finance Committee of the -Senate of which Senator Sherman was chairman. The bill was changed in -details but not in principle. The loan was in three parts as my bill -was prepared. A portion at 5 per cent, a portion at 4 1/2 per cent, -and a third portion at 4 per cent. The division was retained in the -statute, but the amount of the loan at each of the several rates was -changed. By my bill the interest could be made payable in Europe. -This feature was stricken out by the committees in the House or the -Senate. This change I overcame or avoided ultimately by a rule of the -department by which interest on registered bonds could be made payable -in checks of the Treasurer. These checks are now sent to all parts of -the world and through the banking facilities they are everywhere as -good as gold, subject only to the natural rates of exchange between -different countries. Since that time railroad companies and other -business corporations have accepted the system. My plan of making the -interest on the bonds payable in Europe was rejected under the lead of -gentlemen who thought it involved some sort of national degradation. -My object was to make the loan more negotiable in Europe and thus to -extend the demand, and consequently, to increase the value of our -securities. - -The records of the Treasury Department show that on the 23rd day of -December, 1869, I sent to General Schenck of the House, a draught of a -bill for refunding the Public Debt. The same records show that on the -19th of January, 1870, I sent to Senator Sherman eight copies of a -bill. These bills were framed in conformity to the plan marked out in -my report of December, 1869. Previous to the preparation of that -report I had not any conference with any member of Congress nor with -any other person in regard to the details of the scheme. - -On the 12th of July, 1870, Mr. Sumner introduced a bill for refunding -the Pubic Debt (Sen. S. 80). As might have been expected it was not -a practical measure, and on the 3rd day of the following February Mr. -Sherman reported the bill of Mr. Sumner in a new draught. A single -copy of that bill is on file in the office of the secretary of the -Senate, and no other copy can be found. - -This bill conforms to my report, and upon my recollection it is the -bill as prepared by me. The division of the loan conforms to my -recommendation in the report, and it provides that the interest may be -made payable abroad. Subsequently these provisions were changed. -General Schenck had then recently returned from Europe and he was of -the opinion that the loan could all be negotiated at four or four and -one half per cent and it was this opinion on his part which led to -delays. The bill was not passed till July, 1870, at the very moment -when the Franco-Prussian War opened. Had the bill been passed in -March, quite large negotiations could have been made in April of that -year. But the sale of the new five per cent bonds was an undertaking -of great difficulty. It is now impossible to realize that a six per -cent bond was not worth par in 1869-'70. At that time the leading -bankers of the world were unwilling to engage in the undertaking. The -Rothschilds and Barings stood aloof. The Amsterdam bankers wrote -letters of inquiry, but they did nothing more. Mr. Morton, of the firm -of Morton, Bliss & Co., New York, was inclined to engage in the -business, but his partner, Mr. Bliss was doubtful of the success of -the scheme, and they therefore stood aside when the first negotiations -were attempted. Finally an arrangement was made with Jay Cooke & Co., -by which they advertised what was called a popular loan, asking for a -subscription to the five per cent bonds. - -Subsequently I advised Congress to issue four per cent fifty year bonds -as a basis of the banking system, coupled with an offer to the existing -banks of a preference, but in case any bank should refuse to exchange -the bonds then held by such bank, its charter after one year should be -annulled and its banking privileges should be open to any other -association that would purchase the four per cent bonds. This -proposition aroused the hostility of the national banks and forthwith -the city was invaded by bank officers and agents who succeeded in -defeating the bill. - -I had early foreseen that the Public Debt could be paid without much -delay, and without a system of oppressive taxation. In July, 1863, in -the introduction to my volume on the tax system of the country, I had -predicted that the revenues would be equal to the payment of interest -on a debt twice as large as the Public Debt then was, together with -large annual payments of principal. I predicted also that these -payments would menace the national banking system. My scheme looked -for the perpetuation of that system for fifty years at least. The -banks looked upon the scheme as a hostile project and they were -therefore led to defeat a measure which in fact was liberal in the -extreme. At that time the capital of all the national banks was -limited to three hundred million dollars. Thus did the banks defeat a -measure which was designed to secure their perpetuity and calculated -to promote their financial interests. They acted upon the idea that -the credit of the country could never be so far advanced that a four -per cent bond would be worth par. - -The success of the five per cent loan of 1871, of which I give a full -account elsewhere, should have ended the contest in regard to the -credit of the United States. A five per cent bond had been sold at par -in the London market. The principal of the Public Debt was undergoing -a monthly reduction and the gain in the interest account was sufficient -to guarantee the payment of the principal in half a century. From that -time forward, the leading bankers of Europe and American were ready to -co-operate in placing the remaining five per cents, and then the four -and a half and four per cents. - -From that time forward the credit of the Government has been improving -constantly. It was no longer difficult to borrow money at the rate of -five per cent, and with the adjustment of our controversy with Great -Britain there remained no reason to question the rapid progress of the -United States in wealth and population. Indeed, it was then entirely -feasible for the Government to have resumed specie payments, as any -demand upon the Treasury for gold could have been met with proceeds of -bonds sold in Europe. It was my opinion, however, that it would be -wiser to delay resumption until the balance of trade should be so much -in our favor that specie payments could be maintained by our own -resources. And this was accomplished in less than six years. It is -with a state as it is with an individual. With an established credit, -or with a credit improving constantly and an income in excess of -expenditures, there is no difficulty in meeting all liabilities as -they mature. Such was the condition of the Treasury when I left it in -March, 1873. In March, 1869, the Government was paying interest, -measured at the gold value of its securities at the rate of seven per -cent. In 1873 the rate was five per cent or less. In that time the -net Public Debt had been reduced in the sum of three hundred and sixty- -four million dollars, and the interest account had been reduced about -thirty million dollars. - -When I was engaged in placing bonds in Europe, a discussion arose among -bankers in regard to the conflict of statements as to the amount of the -Public Debt. By the reports of the Treasurer, which were the basis of -the monthly statements, the debt was represented by the securities -actually issued after deducting those which had been redeemed. By the -report from the Registrar's Office which once each year corresponded -in time to the monthly report, the balance was widely different. These -facts impaired our standing financially. Upon the register's books the -Government was charged with every issue that passed out of his office, -and it was days, usually, and not infrequently it was weeks, before the -securities passed from the Treasury into the hands of creditors or -purchasers of securities. On the other hand the Treasurer would be -entitled to credit for redemptions made days or weeks before the -evidence of such payments would appear on the register's books. An -analogous fact exists in the discrepancy between a depositor's account -with his bank and the account at the bank as long as there are -outstanding checks. The books would not agree and yet each might be -accurate. As it was a necessity of the situation that the business -of the Treasury should proceed day by day without interruption and it -was difficult to explain the discrepancy to the many inquirers, I -ordered Mr. Allison, the register, to accept for his annual reports the -statement of the Treasurer, as his statements conformed to the existing -facts on the days when the statements were made. The register -protested that the order was not justified by the law, and that was -the truth although there was no law forbidding such an act. The -transaction, including my order, was brought before a committee of the -House of Representatives, but as far as I know, the question of the -legality of the proceedings, was not canvassed, or if attention was -directed to the subject the committee may have treated it as an act in -the public interest and from which no injury had arisen. Upon these -facts, Senator Henry G. Davis, of West Virginia, made the charge that -the books of the Treasury had been altered by my direction and that it -was possible that some great fraud had been perpetrated which might be -discovered if a committee were appointed to investigate the Treasury. -A committee was granted, of which Senator Davis was a member. The -investigation was a failure from his standpoint. Indeed, the -alteration of the books of the Treasury would required the collusive -co-operation of many persons, and evidence of the fact of the -alteration would, of necessity, become known to hundreds of clerks. - -Mr. Davis and some other Democrats implicated me in an analogous matter -which they tried to understand but did not. The Loan Accounts of the -Treasury Department showed that the payments on the Public Debt -exceeded the receipts from loans in the enormous sum of one hundred and -sixteen million dollars. I appointed a committee of clerks to examine -the account in detail for the purpose of ascertaining whether the -discrepancy was real or only apparent. The fact of the discrepancy was -reported to Congress and the progress made in the investigation was -noted in the appendix to the Annual Reports. It is probable, however, -that these reports were never seen by Mr. Davis, and hence his -suspicion that an investigation into the accuracy of the Treasury -accounts would show an alteration of Treasury books, and of course, for -some improper purpose. - -The error began in Mr. Hamilton's time, and in consequence of the -assumption of the State debts. Bonds were issued for those debts but -there were no receipts paid into the Treasury, and consequently the -debit side of the account was a blank. When the bonds were paid the -payment became a credit on the loan account. In after times bonds were -issued and sold below par. The account was charged with the receipts -and upon payment the loan account was credited with the full amount -paid. In some cases the discrepancy was augmented by the purchase of -bonds and the payment of a premium, as was done in the second term of -General Jackson. The investigation showed that the discrepancy was -only apparent, and the criticisms and complaints ceased. - -During my administration of the Treasury Department, the government of -the Territory of Alaska was in my hands. The legislation of Congress -was brief and indefinite and the only officers were collectors of -customs, treasury agents and the revenue cutter officials. The -principal topics of thought were the exclusion of liquors and firearms -and the protection of the fur seal fishery. During the session of the -Forty-first Congress a bill was passed which required the Secretary to -lease the seal fishery to the best bidder, with a preference to the -company which was then engaged in the fishery. On the question of the -nature of the preference I took the opinion of the Attorney-General in -advance of the contract. At that time I was opposed to any system of -leasing and I so advised the House of Representatives in a report upon -the subject. Congress, however, adopted the system of leasing and upon -experience that system was shown to be more advantageous to the -country. The value of the fur seal fishery depends upon the market for -the dressed furs, and the value of the dressed furs depends upon the -fashions, and the fashions are manipulated by the producers of the -varied competing goods. The Government could never engage in the -business of promoting fashions and training the markets. Fur seal -skins have only a moderate commercial value when the fashion is not -with them. - -The question of the claim on Behring Sea was not then much considered. -By the law of nations it is difficult to maintain the position that -that vast body of salt water can be treated as a closed sea, but there -are peculiarities which distinguish it from other bodies of water as -the Mediterranean Sea and the Gulf of Mexico, which are partially -enclosed. - -Russia for a long time was the possessor of the adjacent mainland and -of the islands which mark the limits and in a degree enclose the sea. -That country claimed jurisdiction over the water. That claim was -known and its validity was not disputed seriously. By the treaty -Russia ceded about one half of the sea to the United States. Russia -and the United States are the countries directly interested. England -has no territorial rights and therefore she has no interest that is -not common to other nations. The United States and Russia are -interested in the seal fishery which can be preserved only by the -protection of the animals in Behring Sea. It may be claimed fairly -that Russia and the United State have property in these animals due to -the fact that they gather upon the territory of the countries at -certain seasons of the year. At other seasons they roam over the water -as other animals roam over the land. They are, at least, partially -domesticated. They are accustomed to the presence of the inhabitants -of the islands which they occupy as breeding grounds and which they -visit annually. Moreover, England has an interest in the preservation -of the fishery. The skins are dressed in London, and thus far no one -has been found, either in Europe or in the United States, who can -compete with the London workmen. For the purpose of protecting and -preserving the seal fishery, Behring Sea ought to be treated as a -closed sea. For general commercial purposes it may be used as other -parts of the ocean are used. - -At a time, while I was Secretary of the Treasury, when I was detained -at my lodgings by a slight illness, I received a visit from William E. -Dodge a New York merchant and an importer of tin, whom I had known some -years before when I was a member of Congress. He said that he had -called to see me in regard to charges against his house preferred by -the revenue officers relating to the importation of tin. I said, what -was true, that I had not heard of the charges and that I had never -suspected his house of any wrong-doing in their business. His -statement in reply was a great surprise to me. He said that if there -was anything which appeared to be wrong, or that was in fact a -violation of law, the error or wrong was unintentional--that he and his -partners intended to act always in good faith. He then stated that -the claim amounted to more than two hundred thousand dollars, and he -proposed then and there to pay the amount claimed, coupled, however, -with the condition that the payment should be kept secret. I replied -that I could not take the money upon such terms and that secrecy was -impossible. Upon his statement there were three persons besides -ourselves who had knowledge of the existence of the charges and the -payment of money must come to the knowledge of the Treasury officials. -I then said: - -"Mr. Dodge, you cannot afford to pay this money. If you are innocent -you should contest the matter in the courts, and if you convince the -judge, even if you are technically wrong, that there was no intent to -defraud the Government the Secretary can remit all the penalty, leaving -you to pay the duty." His counsel, if they were competent, must have -given him similar advice and yet he paid voluntarily, about two hundred -and seventy-six thousand dollars to the officials in New York, of -which he and his friends proceeded to complain. There was a suit, but -it was the duty of the firm to contest the claim of the Government, -if they had a defence. And if they had had a defence they were in no -danger even if they had violated the law ignorantly, for no Secretary -would have allowed honest men to suffer for an ignorant violation of -the revenue laws. Senator Edmunds placed upon the records of the -Senate a full statement of the case. - - -XXXIV -THE MINT BILL AND THE "CRIME OF 1873" - -Of the many measures of my administration of the Treasury Department, -the Mint Bill of 1873 is the only one which has been made a party -issue, and which has entered permanently into the policy of the -country. - -In the month of March, in the year 1869, I came to the head of the -Treasury Department. At an early day my attention was directed to -the disordered condition of the mint service, which was then, as it -ever had been, without a responsible head. The proceedings at the -mints were unsystematic, and I resolved upon an attempt to codify the -laws and to place the administration in the hands of a recognized, -responsible officer. President Grant appointed John Jay Knox -comptroller of the currency. For many years Mr. Knox had held the -office of deputy comptroller. He had been a careful, constant student, -and he was already a recognized authority in financial matters. - -I appointed Mr. Knox commissioner to codify the mint laws and to -suggest alterations. He was assisted by Dr. Linderman, then an eminent -expert in the theory and practice of coinage, by Mr. Patterson, -superintendent of the mint at Philadelphia, and by others. - -When the codification of the laws relating to the mint service had been -completed the statute, as passed, contained seventy-one sections, -including a number of new provisions. The political and personal -controversy of twenty years and more was directed to a single section, -which was in these words: "No coins, either of gold, silver, or minor -coinage, shall hereafter be issued from the mints other than those of -the denominations, standards and weights herein set forth." The -coinage of the silver dollar piece was discontinued in the bill as -prepared by the commissioners and the purpose to discontinue its -coinage was thus announced in the report that was made to Congress: - -"The coinage of the silver dollar piece, the history of which is here -given, is discontinued in the proposed bill. . . . The present gold -dollar piece is made the dollar unit in the proposed bill, and the -silver piece is discontinued." - -In 1873 I had come to believe that it was wise for every nation to -recognize, establish, and maintain the gold standard. I was of the -opinion then, as I am of the opinion now, that nations cannot escape -from the gold standard in all inter-state transactions. The value of -every article is resolved finally by the ascertainment of its value -in gold. Silver or paper may be used for domestic purposes, but the -value of that silver or paper is determined by its value in gold. - -In America, as in England, all the attempts to fix a ratio between -gold and silver coins and to maintain that ratio in business had -failed, and hence it was that I determined to abandon the idea of a -double standard, reserving in mind, however, the possibility that an -agreement by commercial countries might overcome the difficulty. That -possibility has now disappeared. The history of the United States is -an instructive history. The coin ratio between gold and silver was -fixed in Mr. Hamilton's time and with the concurrence of Mr. Jefferson. - -In 1870 silver was at a premium upon the legal ratio between gold and -silver coins, and such had been the fact from the year 1837, and -probably from the year 1792. Indeed, there has never been a day, -from the organization of the government, when the actual standard was -silver. Until the act of 1878 was passed, silver coins had had no -appreciable influence upon the volume of currency or the business of -the country. The total coinage of silver dollars had been 8,000,000 -pieces only. The coinage was suspended in 1805 or 1806, and the silver -dollars had been exported or they had disappeared in melting pots. -Such was the commercial demand for American silver coins that in 1853 -Congress authorized the debasement of the subsidiary silver coins as -the only means of securing their circulation. - -It is quite doubtful whether in the year 1860 there was a person living -who had seen an American silver dollar doing duty in the channels of -trade. From 1806 to 1873 the business standard of the country was the -gold standard. Silver had been recognized in the Coinage Act, but -practically it had not played any part in the financial policy or -fortunes of the country. - -The choice of gold as the standard was not due to hostility to silver -or to the silver mining interests, but to the well grounded opinion -that gold was a universal currency, while in some countries, as in -England and Germany, silver coins were not a debt-paying currency. - -These--within the limits of a statement--are the reasons for the -demonetization of the silver dollar and the adoption of the single gold -standard. The measure was in accord with my policy, and it was in -accord with the unbiased judgment of the commission. - -It is a singular instance in legislative proceedings that a measure -that had no active support and that was free from opposition at its -enactment should be assailed vigorously after the lapse of years and -through a long period of time. The measure was soon followed by the -depreciation of silver and coincident with that change came the -attacks upon the Mint Bill, and the denunciation of the "Crime of 1873." - -The charges were two: - -First: The authors of the change had been corrupted by English gold -through one Ernest Seyd, a writer on economic topics. It was alleged -that Seyd came to this country at the time when the measure was under -consideration. Seyd was not living when the charges were made, but the -fact of a visit to this country was denied by his son. Hon. Samuel -Hooper was chairman of the Committee on Coinage. In the search for -information Mr. Hooper invited Mr. Seyd to give him his opinion. Seyd -was a writer, a man of good reputation, and a bimetallist. In a letter -to Mr. Hooper, which is still in existence, and which is printed in the -_Congressional Record,_ Seyd condemned the demonetization of the silver -dollar. His letter was dated at London, February 17, 1872. - -The second charge was secrecy. The answer to this charge was to be -found in historical facts. - -The evidence is this: Mr. Knox's report contained two specific -statements that it was a purpose of the bill to prohibit the coinage -of the silver dollar; the report of the Secretary of the Treasury for -the year 1872 made a specific recommendation to that effect; the bill -was printed six times; it was considered in each House during the -Forty-first and Forty-second Congresses; the precise question in -controversy was the subject of discussion, and two years and ten months -were given to the consideration of the bill. - -The bill was discussed in the House of Representatives. Mr. Reed has -stated that the report of the debate covers one hundred and ninety-six -columns of the _Congressional Record_. Senator Jones, in his report -of 1876, as chairman of the Silver Commission, refers to the debate in -these words: "In the brief discussion on the bill in the House of -Representatives, the principal reason assigned in favor of those -sections which interdicted the future coinage of the silver dollar was -that its value was three per cent greater than the value of the gold -dollar." Thus Senator Jones admits that the debate in the House of -Representatives was upon the question of the abolition of the silver -dollar, and he recognizes his knowledge of the fact of the debate. - -Finally the bill passed the Senate without one dissenting vote. - -The downfall of silver has not been due to any legislation in America -or Europe, nor to any decrees or despotic policy in Asia, but to the -inventive faculties of one Charles Burleigh, of Fitchburg, -Massachusetts, the inventor of the power drill. - -If through him many silver mines have been rendered valueless, so it -is to him that the world is indebted for a new application of force by -which mountains are penetrated and mining in all its forms is carried -on at one fourth part of the former cost. Every step in civilization, -every advance movement that we call progress, is a peril to many and a -ruin to some. By one stroke of genius, and limiting our thoughts to -one only of its many consequences we may say that Burleigh has made -gold so abundant and cheap that all substitutes for a currency from -wampum to silver must soon disappear. - -There is historical evidence tending to show that the representatives -of the silver mining interest had sufficient and worthy reasons for -assenting to the suspension of the silver dollar. In 1872 silver was -at a slight premium as compared with gold. Therefore the privilege of -coinage of the dollar was of no advantage to the owners of bullion. - -The Mint Bill had a new and attractive feature. It provided for the -coinage of a dollar that was to contain 420 grains of standard silver, -and was to be known as the trade dollar. - -This passage may be found in my report to Congress for the year 1872: - -"Therefore, in renewing the recommendations heretofore made for the -passage of the Mint Bill, I suggest such alterations as will prohibit -the coinage of silver for circulation in this country, but that -authority be given for the coinage of a silver dollar that shall be as -valuable as the Mexican dollar and to be furnished at its actual cost." - -The dollar was coined and it was known as the Trade Dollar. It -contained 420 grains of standard silver. - -The Mexican dollar which contained about 416 grains, was then sold at -a premium, and it was used extensively in the China and India trade. - -It was my expectation and the expectation of all concerned, that the -trade dollar, from its added value, would take the place of the Mexican -dollar in the immense trade of the East. My own confidence was great. -Indeed, the thought of failure never occurred to me. Unfortunately, -the stolidity of the Chinese and the force of habit among that people -were not considered by us. From long use they had become accustomed -to the Mexican dollar. They refused our trade dollar, notwithstanding -its greater weight. - -We coined and put into circulation, at home and abroad, about -36,000,000 pieces, many of which were afterwards recoined as legal -tender dollars under a special act of Congress. - -With the failure of that undertaking came the crusade against the act -of 1873. Whether the two events sustained to each other the relation -of cause and effect, I cannot say. - -The suggestion that Senator Stewart of Nevada was assenting to the -demonetization of the silver dollar derives support from the fact that, -in the month of February, 1874, he indorsed the gold standard in two -speeches, delivered, respectively, on the 11th and 20th days of that -month. On the 11th he said: "I want the standard gold, and no paper -money not redeemable in gold." On the 20th he added: "Gold is the -universal standard of the world. Everybody knows what a dollar in gold -is worth." - -It is certain that in the month of February, 1874, when the contents -of the Mint Bill were in the public statutes, the demonetization of the -silver dollar, and the recognition of the gold dollar as the unit of -value, had not affected the judgment nor disturbed the sensibilities of -the advocates of silver. - -I dismiss this branch of the subject with the observation that the act -of 1873 placed the United States in a commanding position in regard to -the use of silver. If that metal had continued to maintain its -supremacy upon the ratio then established between gold and silver coin, -there could have arisen no demand for the coinage of silver. If, on -the other hand, silver should depreciate, the government might, at -its pleasure, use, or it might decline to use, that metal as coin. - -I now pass to a part of the history of the controversy not heretofore -considered in public discussions, from which it will appear that the -trusted representatives of the silver interest put aside the most -inviting opportunity, if not the only opportunity, for the adoption of -the bimetallic system by the commercial nations of the world. - -The act of 1873 prepared the way for the use of silver by the -commercial nations of the world, upon an agreed ratio with gold, if -indeed, the possibility of such an arrangement ever existed. We were -upon a gold basis; the balance of trade, by groups of years, was in our -favor; we had a gold revenue from customs of about $200,000,000, and -the excess of Treasury receipts over expenditures was nearly -$100,000,000 a year. - -If we had chosen to accumulate gold and postpone payments upon the -Public Debt, we could have brought the nations of the earth to our feet. - -It was under circumstances thus favorable for negotiations for the use -of silver that the Silver Commission of 1876 was constituted, and -authorized, among other things, to inquire "into the policy of the -restoration of the double standard in this country, and if restored, -what the legal relation between the two coins of silver and gold, -should be." - -This authority opened a way for the introduction of a policy on the -part of the United States looking to an arrangement for the use of -silver by the states of Europe, and on that authority the commission -dealt with the project of an international bimetallic system. - -The commission consisted of eight persons. Senator Jones was the -chairman, and Mr. Bland, of Missouri, was an influential member. It -was my fortune to be of the commission and it was my fortune also to -be alone in opinion upon the main questions that were treated in the -reports. - -The majority of the commission consisted of Messrs. Jones, Bogy, -Willard, Bland and Groesbeck. They favored the remonetization of the -silver dollar, and that without delay. - -Of the points made in their report, I mention these. They said: "The -supply of gold is diminishing, being now but little more than one half -what it was in 1852, and is always so fitful and irregular from the -method of its production that it is ill-suited to be a sole measure of -value." - -This statement as a statement of an existing fact was wide of the -truth, and as a prophecy it was as fallacious as are the prophecies -which predict the destruction of the world. From 1851 to 1855 the -annual gold product of the world was 6,410,324 ounces. From 1876 to -1880 the annual gold product of the world was 5,543,110 ounces. The -gold product of the latter period was eighty-six per cent of the gold -product of the former period. - -Far wide of the truth were the predictions of the majority in regard -to the future product of gold. For the year 1894 the product was -8,737,788 ounces, or about thirty-seven per cent over the product of -1851-'55. - -They, the majority, said: "No increase in the yield of silver in the -immediate future seems upon the whole to be probable." The commission -said further: "The exchanges of the world, and especially of this -country, are continually and largely increasing; while the supplies of -both the precious metals, taken together, if not diminishing, are at -least stationary, and the supply of gold, taken by itself, is falling -off." - -Each of these two statements in regard to the precious metals was a -serious error, and in their controlling influence upon the judgment of -the commission they were fatal errors. - -The gold product of the world in 1876 was 5,016,488 ounces. In 1894 -the product had risen to 8,737,788 ounces, a gain of more than -seventy-four per cent in the short period of eighteen years. - -In 1876 the product of silver was 67,753,125 ounces, and in 1894 it -was 167,752,561 ounces, a gain of about 147 per cent in eighteen years. - -Upon these errors the majority of the commission based a policy by -which the only opportunity that the country ever had for the -establishment of a bimetallic system which should include the -commercial nations of Europe, was put aside and forever lost. - -If, in 1876, I had anticipated the immense increase in the product of -silver, I might have hesitated, but in the view that I was then able -to command I had great confidence that a bimetallic arrangement might -be secured. - -The majority of the commission favored bimetallism but they demanded, -first, the remonetization of the silver dollar. On the other hand, -I claimed that all thought of the further use of silver should be -postponed until the attempt to secure the co-operation of other -countries had been tried faithfully. - -The policy of the majority of the commission prevailed, and it was -consummated by the Statute of 1878, which was passed over the veto of -President Hayes, and which authorized the coinage of the silver dollar. - -When we had accepted silver, when we had abandoned the vantage ground -that we had occupied, it was in vain that we solicited the co-operation -of England, France and Germany. The adoption by the United States of -a silver-using policy led the statesmen of those countries to -anticipate the more extended and continuous use of silver leaving to -them a monopoly of gold, while we should sink financially to the level -of the degraded states of the world. That catastrophe we have escaped -after an experience of twenty-five years, and then only by the -combined efforts of the two great political parties. - -I submit brief extracts from the report of the majority of the -commission and from my individual report of 1876, that our relative -positions may be understood. - -The commission said: "We believe that the remonetization of silver in -this country will have a powerful influence in preventing, and probably -will prevent, the demonetization of silver in France and in other -European countries in which the double standard is still legally and -theoretically maintained." - -Again the majority said: "It may be added that a legislative -remonetization on the relation to gold of 15.5 to 1 accomplishes -without delay all the objects of the proposition for an international -conference, which is urged from various quarters." - -That I may place myself where I stood in 1876 I present brief extracts -from my report of that year. - -First I said: "There can be but one standard of value in any country -at the same time, and a successful use of gold and silver -simultaneously can be effected only by their consolidation upon an -agreed ratio of value, and by the concurrence of the commercial nations -of the world. - -"The undersigned is also of opinion that it is expedient for this -Government to extend an invitation to the commercial nations of the -world to join in convention for the purpose of considering whether it -is wise to provide by treaties and concurrent legislation for the use -of both silver and gold in all such nations upon a fixed relative -valuation of the two metals; and, finally, that until such an -agreement between this Government and other commercial nations can be -effected, the United States should pursue the existing policy in regard -to the resumption of specie payments." - -Further I said: "It is to be apprehended that the remonetization of -silver by the United States at the present time would be followed by -such a depreciation in its value as to furnish a reason against the -adoption of the plan by the rest of the world, and that an independent -movement on our part would increase the difficulties rather than -diminish them." - -These extracts shall suffice. I now repeat the assertion with which I -introduced this topic, viz.: That in 1876 the majority of the Silver -Commission put aside the most favorable opportunity, indeed the only -opportunity, that the country has ever had for the organization of a -universal system of bimetallism. - -Of that majority, Senator Jones of Nevada, and Representative Bland, of -Missouri, were the leading members. If in defence or in extenuation -of the policy of the majority it shall be said that the United States -has not remonetized silver, and that, therefore, the policy of the -majority has not been tested, a partial rejoinder, if not, indeed, a -satisfactory reply, may be deduced from the facts that between the -years 1878 and the year 1893 the Government coined more than -400,000,000 silver dollars, and yet, in that period of time, silver -bullion fell from 1.15 plus per ounce to .65 plus per ounce. - -It is worthy of notice that the product of silver in the United States -has increased with the demand for silver. Upon the passage of the -Sherman Bill the product advanced from 45,000,000 ounces in 1888 to an -average of 55,000,000 ounces from 1889 to 1893, inclusive. Upon the -repeal of that act the product fell to 49,000,000 ounces in 1894. - -It is not only probable, it is certain, that with every increasing -demand for silver there will be an added supply. Consider what has -happened since the appearance of the inventions of which I have spoken. - -The world's annual product of silver from 1493 to 1865, inclusive, was -16,887,157 ounces. The largest annual product was from 1861 to 1865, -when it reached 35,401,972 ounces. From 1866 to 1894 inclusive, the -annual average product was 114,326,397 ounces. In 1894 the product was -167,752,561 ounces, which, as will be observed, was about nine times -the annual product from 1493 to 1865. - -From 1876 to 1894 the business of silver mining was increased 147 per -cent. Can any one name any other business or pursuit in which there -was a like increase? And is not the inference justified that the -profits have been large and tempting, notwithstanding the -demonetization of silver in some countries and the suspension of -coinage in other countries? - -I turn now to the future, and first as to the possibility of the -further use of silver as currency. - -I assume that in countries where the standard is gold there may be a -considerable use of silver, as in the United States to-day. - -An international bimetallic system, binding nations to each other for -a definite term of years, is a proposition involving large -responsibilities. - -If in 1885 it was not practicable to secure the adoption of the -bimetallic system, when silver was worth eighty-four cents per ounce, -what is the prospect of its adoption when silver is worth only sixty- -four cents per ounce, with an annually increasing product and a -diminishing price? - -What remains? This, possibly: That the nations may agree to purchase -each a per cent of a fixed amount of silver as the product of each -year. This scheme might prove, and probably it would prove, to be only -a temporary expedient. - -The enormous increase in the business of silver mining is evidence that -the profits are far in excess of the profits that are gained in other -pursuits. The increase in product is likely to be followed by a fall -in price. Such are the resources of the earth that an increase in the -demand for silver will be followed by an increase in the supply. - -Gold mining is obedient to the same law. From 1876 to 1894 the product -increased 74 per cent. That ratio of increase is likely to continue. -The world is not in peril of a gold famine. Gold as a currency, -passing from hand to hand, will be used less and less. Substitutes, -for which gold can be obtained, will be preferred. The volume of -currency in a country is not limited by the amount of gold that a -country may possess. It may increase the amount of subsidiary coin -very largely, and it may add to the sum of paper money, provided that -that paper money is always redeemable in gold. - -Nor does the quantity of gold in a country determine the price of -commodities, except as that gold is a part of the total volume of the -currency of the country. The volume of currency as a whole is the -force by which the salable value of commodities is affected. - -In truth, gold plays a small part only in actual business. It is a -regulator of business rather than an active instrument for the -transaction of business. It is not an exaggeration to say that the -use of gold in business is limited to a small fraction of one per cent -of the aggregate transactions in countries where gold is the standard. - -It is not improbable that in the near future the world is to meet a -surfeit of gold, as it is now meeting a surfeit of silver. Yet even -then its capacity as a standard will not be affected. History does -not carry us to a time when gold was not the recognized standard for -the measurement of every other kind of property, and that not by one -tribe or people only, but by mankind in every clime and in every stage -of savageness or of civilization. - -As the Mint Bill and the demonetization of silver have occupied the -attention of the country for a third of a century, and as there may be -a revival of the controversy at a time in the future I have thought it -wise for me to make a record of the facts in the most enduring form at -my command. - -At the end this is my claim for the Mint Bill of 1873: It established -the gold standard for the United States for all time. All the -subsequent legislation has rested upon the fact that the Statute of -1873 made the gold dollar the standard of value in the United States. - - -XXXV -BLACK FRIDAY--SEPTEMBER 24, 1869 - -So much time has passed since September 24, 1869, that there may be a -large public who may become interested in a review of the events of the -spring and summer of that year which culminated in Wall Street, New -York, in the transactions and experiences of the day known as "Black -Friday." - -When the Forty-first Congress assembled in December of that year, the -House of Representatives directed the Committee on Banking and -Currency "to investigate the causes that led to the unusual and -extraordinary fluctuations of gold in the city of New York, from the -21st to the 27th of September, 1869." The committee made a report -which was printed under date of March 1, 1870, and which may be found -in a volume entitled "Garfield's Report on the Gold Panic -Investigation." From that report it appears that certain persons in -the city of New York entered into an arrangement, or understanding, or -combination, as early as the month of April, 1869, for the purpose of -forcing the price of gold artificially to a rate far beyond what might -be called the natural price. The committee, of which General Garfield -was chairman, characterized the combination as a conspiracy. -Technically and in a legal point of view the parties concerned could -not be treated properly as conspirators. It does not appear that they -contemplated the violation of any law, but only a policy by which gold -might be advanced from time to time, and out of which advance large -sums of money might be realized by those who were holders of gold. -Upon that theory Jay Gould and James Fisk, Jr., who were the leaders -and organizers of the combination, with their associates, made large -purchases of gold at prices varying from thirty to thirty-five per -cent premium. At the close of the month of April, the price of gold, -not then, as far as known, under the influence of any speculative -movement, was at a premium of about thirty-four per cent. The -indications were that, during the months of May and June, the parties -interested in the combination made large purchases. By the 20th of -May the price had reached a premium of forty-four per cent. From -that time onward, until the last of July, the premium diminished, and -at that date the rate was thirty-six per cent. - -When I entered the Treasury Department in March, there had not been -sales of gold nor purchases of bonds by the Treasury Department as a -policy, and but few transactions on either side had been made by my -predecessors in office. As early as the 12th day of May I commenced -the purchase of bonds for the sinking fund and for the reduction of the -interest-bearing public debt. The total purchases during the year -1869 amounted to something more than $88,000,000, for which there was -paid in currency $102,000,000 and a margin over. At that time, the -customs receipts were in gold exclusively, and the purchase of bonds -could only be made by a sale of gold or by a direct purchase of bonds -to be paid for in gold. Suggestions were made by bankers and others -in the city of New York, and perhaps elsewhere, that the purchase of -bonds should be made in gold. This suggestion was not acceptable to -me, and upon the ground that the sale of gold would be limited to those -who had bonds, or who could procure bonds, for the payment of gold. -From the 29th of April, when the first sale of gold was made, until the -31st day of December, the sales amounted to something more than -$53,000,000, and the proceeds to something over $70,000,000. The -difference in the amount realized from the sale of gold and the amount -paid for bonds purchased was met by the excess of receipts over the -expenditures of the Government during that period. - -As having some connection, and perhaps an important connection, with -what is to be said hereafter touching General Grant's action in the -days of September, when the speculation was going on, I think it proper -to make a statement of my relations to the President. I had declined -the office of Secretary of the Treasury, and on the morning of my -nomination to the Senate I wrote a letter to Mr. Washburne, through -whom the invitation of the President that I should accept the office -was made, requesting him and urging him to say to the President that -I was unwilling to accept the place. My nomination was sent to the -Senate and confirmed, and as there seemed to be no alternative for me, -I entered upon the duties of the office. Due in part to these -circumstances, as I think, the President accepted the idea that the -management of the Treasury Department was in my hands, and from first -to last, during the four years that I was in his Cabinet, his acts and -his conversation proceeded upon that idea. Moreover, he was influenced -by a military view that an officer who was charged with the conduct of -a business, or of a undertaking, should be left free to act, that he -should be made responsible, and that, in case of failure, the -consequences should rest upon him. It happened, and as a plan on my -part, that neither the President nor the Cabinet was made responsible -for what was done in the Treasury Department. Hence it was that I -presented to the Cabinet but two questions. One of these was of no -considerable consequence. The other related to the political effect -that might follow a loan that I contemplated making upon certain terms -in the year 1872, when the Presidential contest was pending. In the -line of these views, it happened that I announced my purpose to -purchase bonds in May, 1869, without conference either with the -Cabinet or with the President. When the announcement was made, there -was a slight advance in bonds. In order that the business interests -of the country might not be influenced by an apprehension that changes -might take place in the policy of the Department, I announced (as -stated in Chapter XXXIII) at the beginning of each month the sales of -gold and the purchases of bonds that were to be made during the coming -month. Those announcements were sent out on the evening of Sunday, -either the last Sunday of the closing month or the first Sunday of the -opening month. The despatches were written by myself Sunday evening, -and sent to the Assistant Treasurer at New York. A copy was given to -the agent of the Associated Press, that the public might be informed -in the morning of the policy for the ensuing month, and that there -should be no opportunity for speculation by persons who might obtain -information in advance of the general public. Unhappily, this policy -was made the basis of the proceedings in New York which culminated in -"Black Friday." The parties interested--I do not call them -conspirators--assumed that for thirty days the policy of the department -as to the sale of gold and the purchase of bonds would remain -unchanged, and on that basis they proceeded to make arrangements for -the advance in gold. Not satisfied with that policy, which was -designed to save the business community from unnecessary apprehensions, -an attempt was made to induce me to make an announcement for two or -three months. Such suggestions were made in letters that I received -from interested parties in the city of New York. - -Speculation in gold was not all on one side. There were speculators -who were anxious to break down the price of gold, and between the lines -I could read the condition of the respective parties from whom I -received letters. Under date of September 23, I received a letter -from a prominent house in New York in which the writer said: "I am -actuated to again portray to you the state of financial affairs as they -now exist in this city. The speculative advance in gold has brought -legitimate business almost to a standstill, owing to the apprehension -of a corner, which from appearances may appear at any moment." - -It did not follow that the writer of the letter was "short on gold," as -the phrase is. I had, however, in my possession at the time a list of -persons in New York who were supposed to be contestants, some for an -advance in gold and others for a fall. The writer of the letter was -among those whose names had been given to me as speculators for a fall -in gold. In this connection I may say that it was no part of my policy -to regulate affairs in Wall Street or State Street or Lombard Street. -Until it became apparent that the operations in New York affected -largely and seriously the business interests of the country, and until -it became apparent that the Treasury receipts were diminished by the -panic that had taken possession of the public, I refrained from any -interference with those who were engaged either in forcing up or -forcing down the price of gold. - -Under date of the 24th day of September, I received a letter from my -special and trusted correspondent in the city of New York in which I -find this statement: "This has been the most dreadful day I have ever -seen in this city. While gold was jumping from forty-three to sixty- -one the excitement was painful. Old, conservative merchants looked -aghast, nobody was in their offices, and the agony depicted on the -faces of men who crowded the streets made one feel as if Gettysburg -had been lost and that the rebels were marching down Broadway. Friends -of the Administration openly stated that the President or yourself must -have given these men to feel that you would not interfere with them or -they would never dare to rush gold up so rapidly. In truth, many -parties of real responsibility and friends of the Government openly -declared that somebody in Washington must be in this combination." - -The last sentence in this quotation unfolds the policy which had guided -Gould and Fisk and their associates from April to the culmination of -their undertaking, the 24th day of September. As far as I know, the -effort had been directed chiefly to the support of a false theory that -the President was opposed to the sale of gold, especially during the -autumn months, when a large amount of currency is required, or in those -days was supposed to be required, for "the moving," as it was called, -of the produce of the West to the sea coast for shipment to Europe. -They even went so far as to allege that the President had ordered the -Secretary of the Treasury to suspend the sale of gold during the -month of September, for which there was no foundation whatever. -Indeed, up to the 22d of September, when I introduced the subject of -the price of gold to the President, he had neither said nor done -anything, except to write a letter from New York City under date of -September 12, 1869, in the following words: - -NEW YORK CITY, _September_ 12, 1869. - -DEAR SIR: I leave here for western Pennsylvania to-morrow morning and -will not reach Washington before the middle or last of next week. Had -I known before making my arrangements for starting that you would be in -this city early this week, I would have remained to meet you. I am -satisfied that on your arrival you will be met by the bulls and bears -of Wall Street, and probably by merchants, too, to induce you to sell -gold, or pay the November interest in advance, on the one side, and to -hold fast on the other. The fact is, a desperate struggle is now -taking place, and each party wants the Government to help him out. I -write this letter to advise you of what I think you may expect, to put -you on your guard. - -I think, from the lights before me, I would move on without change -until the present struggle is over. If you want to write me this week, -my address will be Washington, Pennsylvania. I would like to hear -your experience with the factions, at all events, if they give you time -to write. No doubt you will have a better chance to judge than I, -for I have avoided general discussion on the subject. - -Yours truly, -U. S. GRANT. - -Hon. GEORGE S. BOUTWELL, - _Secretary of Treasury_. - -At a meeting, which was accidental, as far as the President was -concerned, on board one of Fisk and Gould's Fall River steamers, when -he was on his way to Boston, in June of that year, to attend the Peace -Jubilee, an attempt was made to commit General Grant to the policy of -holding gold. I was present on the trip with the President. What -happened on the boat may be best given in the language of Mr. Fisk and -Mr. Gould. Mr. Fisk, in his testimony before the committee, said: - -"On our passage over to Boston with General Grant, we endeavored to -ascertain what his position in regard to the finances was. We went -down to supper about nine o'clock, intending while we were there to -have this thing pretty thoroughly talked up, and, if possible, to -relieve him from any idea of putting the price of gold down." - -Mr. Gould's account before the committee was as follows: - -"At this supper the question came up about the state of the country, -the crops, prospects ahead, etc. The President was a listener; the -other gentlemen were discussing. Some were in favor of Boutwell's -selling gold, and some were opposed to it. After they had all -interchanged their views, some one asked the President what his view -was. He remarked that he thought there was a certain amount of -fictitiousness about the prosperity of the country, and that the -bubble might as well be tapped in one way as another. . . . We -supposed from that conversation that the President was a -contractionist. His remark struck across us like a wet blanket." - -The error of Fisk and Gould and their associates, from the beginning to -the end of the contest, was in the supposition that the President was -taking any part in the operations of the Treasury concerning the price -of gold. If he expressed any opinions outside in conversation, there -were no acts on his part in harmony with or in antagonism to the views -he entertained. As a matter of fact, with the exception of the letter -from the city of New York, he had no conference or correspondence with -me up to the 22d day of September, when I called upon him, and gave -him a statement of the price of gold in the city of New York, and of -the nature and character of the combination that existed there, as far -as it was understood by me. Their policy was directed to two points: -first, to influence the President, if possible, to interfere in a way -to advance the price of gold; and, second, to satisfy their adherents -and opponents that the President either had so interfered or would so -interfere. - -Even Fisk and Gould may at a period of time have rested in the belief -that the President either had interfered or that he would interfere. -Their confidence was in Mr. A. R. Corbin, a brother-in-law of the -President, who, under the influence of various considerations, which -appear to have been personal and pecuniary to a very large extent, lent -himself to the task of influencing the President. As a matter of fact, -his attempts were very feeble and misdirected and of no consequence -whatever. Indeed, such is my opinion of the President, and such my -belief as to his opinion concerning Mr. Corbin, that nothing which Mr. -Corbin did say, or could have said, did have or could have had the -least influence upon the President's opinion or conduct. It is, -however, also true that Fisk and Gould employed Corbin and gave him -consideration in their undertakings out of which he realized some -money. I received information, also, which may not have been true, -that they suggested to him that he might become president of the Tenth -National Bank, which had a very conspicuous part in the events which -culminated in Black Friday. - -An attempt to strengthen the impression that it was the purpose of the -President to prevent the sale of gold was made through an article -prepared by Mr. Corbin, probably under the direction of Mr. Gould and -others, which appeared finally, with some alterations and omissions, in -the New York _Times_ of the 25th of August. It appears to have been -the purpose of the parties interested to mislead the _Times_ as to the -authorship of the article, and they secured the agency of Mr. James -McHenry, a prominent English capitalist, who called at the _Times_ -office, and presented the article to Mr. Bigelow, the editor, as the -opinion of a person in the intimate confidence of the President. The -article was put in type and double leaded. When so prepared, -suspicions were aroused, and the financial editor, Mr. Norvell, made -very important corrections, taking care to omit sentences and -paragraphs that contained explicit statements as to the purposes of the -President. Some of the phrases omitted were in these words: "It may -be that further purchases of bonds will be made directly with gold." -"As gold accumulates, the less would be the premium upon it. High -prices for gold before the sale of our products would cause lower -prices of gold after the sale of products." - -Among the statements made which were preserved in the article as -printed finally were these: "The President evidently intends to pay -off the 5-20s as rapidly as he may in gold"; "So far as current -movements of the Treasury are concerned, until crops are moved it is -not likely Treasury gold will be sold for currency to be locked up." - -Following the appearance of this article, I received a letter from Mr. -Gould, dated the 30th of August, in which this sentence appears: "If -the New York _Times_ correctly reflects your financial policy during -the next three or four months; namely, to unloose the currency balance -at the Treasury or keep it at the lowest possible figure, and also to -refrain during the same period from selling or putting gold on the -market, thus preventing a depression of the premium at a season of the -year when the bulk of our agricultural products have to be marketed, -then I think the country peculiarly fortunate in having a financial -head who can take a broad view of the situation, and who realizes the -importance of settling the large balance of debt against us by the -export of our agricultural and mining products instead of bonds and -gold." - -Of my reply to that letter, the committee say: "The brief and formal -reply of the Secretary gave Gould no clew to the purpose of the -Government." - -Under date of September 20, I received a letter from Gould to which I -made no reply. Aside from the topics to which he directed my attention -in the letter, it is the unavoidable inference from the context as a -whole that Gould had then no faith in the statements given to the -public that the President was in any manner pledged to interfere and -prevent the sale of gold. The following extracts from the letter of -September 20 are a full exposition of his policy and of the means on -which he relied to advance the price of gold during the month of -September: - -"On the subject of the price of gold and its effect upon the producing -interests of the West, permit me to say that during the months of -September of the past two years the price has averaged about forty- -five. Gold must range this year at about that premium to enable the -export of the surplus crops of wheat and corn. We have to compete with -the grain-producing countries bordering on the Black and Mediterranean -seas, and it requires a premium of over forty per cent on gold to -equalize our high-priced labor and long rail transportation to the -seaboard. - -"My theory is to let gold go to a price that we can export our surplus -products to pay our foreign debts, and the moment we turn the balance -of trade in our favor gold will decline from natural causes. In my -judgment, the Government cannot afford to sell gold during the next -three months while the crops are being marketed, and if such a policy -were announced, it would immediately cause a high export of bread- -stuffs and an active fall trade. - -"P. S. In addition to the above, if gold were put upon the market, -government bonds would decline to at least fifteen, leaving the -purchases made by the Government in the past few months open to -criticism as showing a loss." - -As early as the 20th of September, I had evidence satisfactory to me -that the Tenth National Bank in the city of New York was a party to the -speculation in gold, and that its assistance was rendered largely -through the certification of checks drawn by the brokers, and largely -in excess of the balances due them upon the books of the bank when the -certifications were made. It appeared from the evidence submitted -that these certifications of checks in excess of the balances due to -brokers amounted to about $18,000,000 on the 22d and 23d of September, -when the speculation was at its height. - -For the purpose of arresting that process and checking the speculation -in gold, I detained the comptroller of the currency and three competent -clerks after the close of business on the 22d of September. The clerks -received commissions as bank examiners, and were instructed to go to -New York that night and to take possession of the Tenth National Bank, -at the opening of business in the morning, and to give directions that -the habit of certifying checks in excess of the balances due must be -suspended. It was my expectation that the enforcement of that rule -would, or might, end the speculation, inasmuch as the purchasers of -gold would be unable to meet their obligations, and therefore it would -be out of their power to create them. This expectation was not -realized. Whether the certification went on at the Tenth National -Bak in defiance of the order, or whether other banks were so -connected with the speculation that checks were certified elsewhere, -was not known to me. - -I called upon the President after business on the 23d of September, -and made a statement of the condition of the gold market in the city -of New York, as far as it had been communicated to me during the day. -I then said that a sale of gold should be made for the purpose of -breaking the market and ending the excitement. He asked me what sum -I proposed to sell. I said: "Three million dollars will be sufficient -to break the combination." - -He said in reply: "I think you had better make it $5,000,000." - -Without assenting to his proposition or dissenting from it, I returned -to the department, and sent an order for the sale of $4,000,000 of gold -the next day. The order was to the assistant treasurer in these -words: "Sell $4,000,000 gold to-morrow, and buy $4,000,000 bonds." -The message was not in cipher, and there was no attempt to keep it -secret. It was duplicated and sent by each of the rival telegraph -lines to New York. Within the space of fifteen minutes after the -receipt of the despatch, the price of gold fell from 160 to 133, and -in the language of one of the witnesses, "half of Wall Street was -involved in ruin." - -For the moment, the condition of Wall Street and the Gold Exchange -seemed to justify the statement of the person whose language has just -been quoted. As a matter of fact, however, many of the people involved -recovered from the panic, and were able to meet their obligations. -Some were gainers, probably, by the proceedings of the month of -September, and some were losers. As I have already said, I had no -purpose to help anybody or to hurt anybody, and I interfered in Wall -Street only when the operations that were going on there involved -innocent parties who were engaged in legitimate business, and also -imposed upon the Government a sacrifice in the loss of revenue. - -Following the downfall of the combination, there appeared in the -newspapers statements and imputations which reflected upon the -President and his family as to their relations to the gold operations. -All these statements were without foundation. Mr. Corbin's connection -was established beyond controversy, but the evidence which established -his relations to the parties engaged in the gold speculation was also -conclusive as to the fact that the President had no connection with it, -and that he was not in any way interested in any policy calculated to -advance the interests of the combination. - -The apprehensions that were entertained on the evening of the 24th and -on the 25th of September as to the extent of the disaster to business -and to individuals engaged in gold speculation were not realized in -full. My special correspondent in New York said in a letter dated -September 25: "Many of the houses hurt and reported failed yesterday -are likely to recover." Again he said: "The demoralization in the -street was never equaled, and it must take several days at least -before matters get fairly straightened. There is a wholesome dread -against making any obligations. Smith, Gould and Martin are just -reported as paying in full." - -In a letter dated September 27 at 6:30 P. M., the assistant treasurer -at New York wrote me: "From the best evidence to be gathered in the -excitement here, it is safe to infer that the Gold Exchange Bank will -suffer losses to the extent of its capital and surplus at least, and -perhaps more." To the contrary of that prediction, it is to be said -that the Gold Exchange Bank was able to meet all its obligations. - -In a letter written by Mr. Grinnell, then collector of the port of New -York, under date of September 24, after the announcement of the sale of -gold had been made, I find this statement: "Had you not taken the -course which you did, I believe a large proportion of our most reliable -merchants and bankers would have been obliged to suspend before three -o'clock to-day, as confidence was entirely gone and the panic was -becoming universal." - -Following the break in the price of gold, there were persons who became -apprehensive that the rate would fall to a point which would affect -their interests unfavorably, and I received a letter, dated after -business hours on the 24th, in which the writer said: "It is not -impossible that, in view of the largeness of the amount of gold to be -sold to-morrow, there may be a combination to procure it at a low -price, and you will therefore excuse a suggestion that, as the effect -of your intervention has already been realized, it might be well to -protect the Government by making it known that you will reject all -unacceptable bids." - -These extracts from letters received previous to and during the crisis -may lead to the conclusion that it is not safe to trust to persons -engaged in large business and commercial transactions as guides for the -administration of the Government in financial matters. Indeed, one may -go still further, and say that it is not safe to trust the guidance of -the Government in financial affairs to men whose life business it has -been to convert information into gold. - -The most unpleasant incident of the gold speculation of 1869 was the -fact that General Butterfield, the assistant treasurer in the city of -New York, was so far involved as to lead the President to ask for his -resignation. That request did not arise from any evidence that General -Butterfield was in any way concerned in the movement or combination, -which led to the advance in gold. Indeed, the evidence was conclusive -to the contrary. This fact, however, did appear--that during the -period of the excitement he had made some purchases and sales of gold -and bonds. The suspicions that existed in the city of New York as to -his connection with the gold movement were largely exaggerations of -the actual facts. There was no evidence which impeached his official -or personal integrity in business. His resignation was requested upon -the ground that it was essential to the proper administration of the -office that the person holding the important place of assistant -treasurer in the city of New York, should not be engaged in business -transactions which might give rise to the conjecture that he had -advantages over others in consequence of his connection with the -Government. - -It ought to be said the Mr. Gould, in his testimony before the -committee, which was given at great length and with singular clearness -of statement, denied expressly the existence of any combination. In -fine, he claimed, what may have been the truth, and upon the whole -probably was the truth, that it was not part of his purpose to carry -the price of gold above forty or forty-five per cent premium. He -attributed the excessive and rapid advance of the price of gold to the -persons who had sold short and who, becoming alarmed, attempted to -cover their sales by making purchases, and by bidding against each -other carried the price from about 140 to 160. - -The same statement was made by Mr. Fisk as to the cause of the -excessive rise in the price of gold. He said: "It went up to sixty, -for the reason that there were in that market a hundred men short of -gold. There were banking houses which had stood for fifty years, and -who did not know but what they were ruined. They rushed into the -market to cover their shorts. I think it went from forty-five to -sixty without the purchase of more than $600,000 or $700,000 of gold. -It went there in consequence of the frightened bear interests. There -was a feeling that there was no gold in the market and that the -Government would not let any gold go out." - -At the time of the gold panic, Gould and Fisk were interested in the -business of railway transportation from the West to the seaboard, and -Mr. Fisk made a statement which sets forth the theory on which he and -Gould professed to act. Fisk said: "The whole movement was based -upon a desire on our part to employ our men and work our power getting -surplus crops moved East and receiving for ourselves that portion of -the transportation properly belonging to our road. That was the -beginning of the movement, and the further operations were based upon -the promise of what Corbin said the Government would do." - -From the testimony of Jay Gould and James Fisk, Jr., as it appeared -in the printed report, we are able to comprehend the characteristics -of the two men. Gould was cool and collected from beginning to end, -with no indication in his statements that the events of the 24th of -September had in any particular disturbed him in temper or nerve or -confidence in his ability to meet the exigencies of the situation. -On the other hand, the testimony of Fisk indicated the absence of the -qualities ascribed to Gould, and during his examination he failed to -maintain even ordinary equanimity of temper. He interfered with the -proceedings, and delivered this address to the committee: "I must -state that I must ask you gentlemen to summon witnesses whose names I -shall give you. My men are starving. When the newspapers told you -we were keeping away from this committee, I say to you that there is -no man in this country who wants to come before you as bad as Jim Fisk, -Jr. I have thirty or forty thousand wives and children to feed with -the money disbursed from our office. We have no money to pay them, and -I know what has brought them to this condition." - -Another extract from Fisk's testimony gives a graphic view of his -condition when the crash came: "I went down to the neighborhood of -Wall Street Friday morning. When I got back to our office you can -imagine I was in no enviable state of mind, and the moment I got up -street that afternoon I started right round to old Corbin's to rake him -out. I went into the room, and sent word that Mr. Fisk wanted to see -him in the dining-room. I was too mad to say anything civil, and when -he came into the room, said I, 'Do you know what you have done here, -you and your people?' He began to wring his hands, and 'Oh,' he says, -'this is a horrible position. Are you ruined?' I said I didn't know -whether I was or not; and I asked him again if he knew what had -happened. He had been crying, and said he had just heard; that he had -been sure everything was all right; but that something had occurred -entirely different from what he had anticipated. Said I, 'That don't -amount to anything. We know that gold ought not to be at thirty-one, -and that it would not be but for such performances as you have had this -last week; you know ---- well it would not if you had not failed.' I -knew that somebody had run a saw right into us, and said I, 'This whole ----- thing has turned out just as I told you it would.' I considered -the whole party a pack of cowards; and I expected that, when we came -to clear our hands, they would sock it right into us. I said to him, -'I don't know whether you have lied or not, and I don't know what ought -to be done with you.' - -"He was on the other side of the table, weeping and wailing, and I was -gnashing my teeth. 'Now,' he says, 'you must quiet yourself.' I told -him I didn't want to be quiet; I had no desire to ever be quiet again. -He says, 'But, my dear sir, you will lose your reason.' Says I, -'Speyers has already lost his reason; reason has gone out of everybody -but me.'" - -My part and my interest in the events of Black Friday came to an end -with an effort to ascertain the authorship of an anonymous -communication, written in red ink, that I received the 6th day of -October. It was postmarked at New York, the 5th of October, 1869. -(A reduced facsimile of the communication is shown below.) An attempt -was made through the police and the secret service system to trace the -authorship of the superscription. The attempt was ineffectual. - -[Facsimile] -If gold does not sell at 150 within 15 days I am a ruined man. You -will be the cause of my ruin! Your life will be in danger. - Wilkes Booth. - - -It appears in the review that Mr. Gould originated the scheme of -advancing the price of gold and that Mr. Fisk was his principal -coadjutor. It also appears that Mr. Fisk entered into the arrangement -upon the basis of friendship for Mr. Gould, and not in consequence of -an opinion on his part that the scheme was a wise one. Mr. Gould had -two main purposes in view: first, the profit that he might realize -from an advance in gold; and, second, the advantage that might accrue -to the railroad with which he was connected through an increase of its -business in the transportation of products from the West. As set forth -in Mr. Gould's letter, he entertained the opinion, which rested upon -satisfactory business grounds, that an advance in the price of gold -would stimulate the sale of Western products, increase the business -of transportation over the railways, and aid us in the payment of -liabilities abroad. If the price of gold had not been advanced beyond -a premium of forty or perhaps forty-five per cent, all these results -might have been realized, without detriment to the public, while Mr. -Gould and his associates would have realized large profits. When the -price had advanced to forty or forty-five per cent, Mr. Gould or his -associates made calls upon those who were under contracts to deliver -gold to make their margins good or else to produce the gold. These -demands created a panic, and the parties who had agreed to deliver gold -entered the market, and bidding against each other, they carried the -price beyond the point that Mr. Gould had contemplated. - - -XXXVI -AN HISTORIC SALE OF UNITED STATES BONDS IN ENGLAND - -If there should be any considerable interest in the history of the -funding system of the United States, the interest would be due to a -sale of bonds some thirty years ago and certain incidents which could -not have been anticipated, which arose from the execution of the trust. - -In the month of July, 1868, a bill for funding the national debt which -had passed the Senate of the United States was reported, without -amendments, to the House of Representatives by the Committee on Ways -and Means. - -When the bill was under consideration in the House, I proposed a -substitute. In the debate of July 21 I made a statement of the nature -of my substitute, and I reproduce an extract which sets forth the -first step in a policy which culminated in the Act for Funding the -Public Debt, and which was approved by President Grant July 14, 1870: - -"The amendment to which I wish to call the attention of the House -provides for the funding of $1,200,000,000 of the public debt -$400,000,000 payable in fifteen years @ 5 per cent interest, -$400,000,000 payable in twenty years @ 4 1/2 per cent interest, and -$400,000,000 payable in twenty-five years @ 3.65 per cent interest, -the latter sum of $400,000,000 payable, principal and interest, at the -option of the takers, either in the United States, or in London, Paris, -or Frankfort." - -At that time I had not entertained the thought that I might come to be -the head of the Treasury Department. Indeed, I had no other purpose in -public life than to remain in the House of Representatives. - -I had had experience on the executive side of the Government and also -on the legislative side, and I had a fixed opinion in favor of the -latter form of service. - -As Secretary of the Treasury, I proposed a bill in 1869 in the line of -the substitute for the bill of the Committee on Ways and Means which I -had challenged in July, 1868. The bill proposed an issue of three -classes of bonds, each of four hundred million dollars, which were to -mature at different dates, and to bear interest at the rates of 5, 4 1/2, -and 4 per cent. It was further provided that the principal and -interest of the bonds bearing the lowest rate should be made payable -either in the United States, or at Frankfort, Paris, or London, as the -takers might prefer. The provision was rejected through the influence -of General Schenck, who had then returned recently from Europe, and -with the opinion that the concession involved an impairment of national -honor. As a substitute for the feature so rejected, I originated a -plan for the issue of registered bonds, upon the condition that the -interest could be paid in checks to be forwarded by the mails to the -holders of bonds at the places designated by them in any part of the -world. This plan is far superior to the first suggestion, as it is -susceptible of a much wider application. - -I have received from Mr. Roberts, the Treasurer of the United States, -the following letter and statement: - -STATEMENT SHOWING THE PROPORTION OF UNITED STATES BONDS OUTSTANDING -JANUARY 25, 1900, ON WHICH INTEREST IS PAID BY CHECK. - -TITLE OF LOAN. Total issue. Registered Percentage - bonds on of bonds on - which interest which interest - is paid by is paid by - check. check. - -Funded loan of 1891 continued at 2 per cent - . . . . . . . . .$ 25,364,500 $ 25,364,500 100.00 -Four per cent funded loan of 1907 - . . . . . . . . . 545,342,950 478,195,600 87.69 -Five per cent loan of 1904 - . . . . . . . . . 95,009,700 64,615,650 68.01 -Four per cent loan of 1925 - . . . . . . . . . 162,315,400 117,997,200 72.70 -Three per cent ten-twenties of 1898 - . . . . . . . . . 168,679,000 109,450,060 55.09 - -Totals . . . . . . . . $996,711,550 $795,623,030 77.49 - -TREASURY DEPARTMENT. -OFFICE OF THE TREASURER, -WASHINGTON, D. C. -_January_ 25, 1900. - -HONORABLE GEORGE S. BOUTWELL, - Boston, Massachusetts. - -_My Dear Mr. Secretary:_ It gives me pleasure to enclose to you a -table showing by classes of bonds the percentage of interest paid by -checks. The interest on all registered bonds is now so paid. Only -the coupon bonds, by their nature, are differently treated. - -Your plan has worked admirably, and the drift is slowly from the coupon -to the registered form, and so to an increase of the payment of -interest by checks. - -With kind regards, Yours very truly, -(Signed) ELLIS H. ROBERTS, - _Treasurer of the United States._ - -The plan has been adopted by corporations that are borrowers of large -sums of money upon an issue of bonds, and the use of the system is -very general in the United States. - -In my report to Congress in December, 1869, I made recommendation of -the Funding Bill, and I placed copies of the bill that I had prepared -in the hands of the Finance Committee of the Senate, and in the hands -of the Committee of Ways and Means of the House of Representatives. - -When the bill became a law, the authorized issue of five per cent -bonds was limited to two hundred million dollars, and the issue of four -per cent was raised to twelve hundred million. Simultaneously with the -passage of the Funding Bill of July, 1870, the war between France and -Prussia opened, and the opportunity for negotiations was postponed -until the early months of the year 1871. In these later years, when -bonds of the United States have been sold upon the basis of their par -value at two per cent income, it is difficult to realize that in 1869 -the six per cent bonds of the United States were worth in gold only -83-5/10 cents to the dollar. The first attempt to dispose of the five -per cent bonds was made by the Treasury Department through an -invitation to the public to subscribe for the bonds, payment to be -made in the currency of the country, or by an exchange of outstanding -five-twenty bonds which bore interest at the rate of six per cent. -The subscriptions reached the sum of sixty-six million dollars, of -which the national banks were subscribers to the amount of sixty-four -million, leaving two million only as the loan to the general public. -A portion of the amount taken by the banks was for the account of -patrons and clients. This experience justified the opinion that future -efforts with the general public would be unsuccessful, while the credit -of the country was not established and placed beyond the influence of -cavilers and doubters. - -It was under such circumstances that the aid of banks and bankers -became important for the furtherance of subscriptions, in view of the -fact that they could give personal service of a nature not possible in -the case of salaried officers of the Government, nor compatible with -their daily duties. - -It is not easy, in this age of comparative freedom and power in -financial affairs, to comprehend that in the year 1871 the long -established bankers of New York, Amsterdam, and London, either declined -or neglected the opportunity to negotiate the five per cent coin bonds -of the United States upon the basis of their par value. It may not be -out of place for me to mention Mr. Morton, of the house of Morton, -Bliss & Co., as an exception, to the bankers of Europe and the United -States. - -It was in the same months of 1871 that I recommended the issue of a -four per cent fifty-year bond as the basis of the currency to be issued -by the national banks. This proposition, which would have been -advantageous to the banks, in an increasing ratio as the value of money -diminished, was defeated by the organized opposition of the banks -through an effective lobby that was assembled in the city of -Washington. Such was the public sentiment in the year 1871, even in -the presence of these important facts, that in the month of December -I was able to say in my annual report that the debt had been diminished -during the next preceding year in the sum of ninety-four million -dollars, and that the total decrease from March 1, 1869 to December 1, -1871, was over two hundred and seventy-seven million dollars. - -It was in this situation of affairs that Messrs. Jay Cooke & Co. -proposed to undertake the sale in London, by subscription, of one -hundred and thirty-four million five per cent bonds then unsold. -Authority was given to Cooke & Co. to proceed with the undertaking, -and when the books were closed, September 1, I was informed that the -loan had been taken in full. By the terms prescribed by Cooke & Co., -the subscribers deposited five per cent as security for the validity -of their subscriptions. The bonds were to be delivered the first day -of December. - -Upon the receipt of the information that the undertaking had been a -success, the bonds were prepared, and the Hon. William A. Richardson, -then an assistant secretary of the Treasury, was designated as the -agent of the department for the delivery of the bonds. The bonds were -placed in safes, on each of which there were three locks. The clerks -were sent over in different vessels, and the keys were so distributed -among them, that there were not keys in any one vessel by which any -one of the safes could be opened. - -The success of the subscription gave rise to an unexpected difficulty. - -At that time there were outstanding one hundred and ninety-four million -ten-forty United States bonds that carried interest at the rate of -five per cent. - -It was a singular coincidence, and a coincidence probably not due to -natural causes, that some five per cent bonds, having fifteen years to -run, should be at par, and that other five per cent bonds that might -run thirty years should fall below par in the same market. In the -three months from August to December, these ten-forties were quoted -as low as ninety-seven, or even for a time at ninety-six. Cooke became -anxious, if not alarmed, lest the rate should fall below ninety-five, -and consequently lest the subscribers should refuse to meet their -obligations. Early on the morning of the first Monday in December, I -received the information that the bonds were taken as soon as the -offices were open. I may mention in passing that Cooke & Co. paid for -the bonds as they were delivered, either in coin or in five-twenty -bonds. - -As bonds were taken, and as payments were made, a difficulty appeared -which had been anticipated, but not in its fullness. The proceeds from -the sales of the five per cent bonds were pledged to the redemption of -the six per cent five-twenty bonds, reckoned at their par value. - -It was provided by the statute that whenever five-twenty bonds were -called, a notice of ninety days should be given, when interest would -cease. Thus it happened that whenever a bond was called it was worth -par and interest to the end of the ninety days. Of the called bonds -some were in America, and the owners did not choose to present them in -London in exchange for five per cent bonds, nor for coin. Hence it -happened that the total proceeds of the five per cent bonds, about -twenty million dollars were paid in gold coin by Cooke & Co. This -coin was deposited in the Bank of England, but upon such terms as -were imposed by the governors: - -(1) The deposits must be made in the name of William A. Richardson. -This was done, but a statement was made by Judge Richardson that the -deposit was the property of the United States. - -(2) The gold was not to be taken out of the country. This stipulation -was in the line of our policy, which was to invest the entire sum in -five-twenty bonds, whenever they could be bought at par. The -opportunity came in a manner that was not anticipated. The documents -referred to are of historical value, and they are therefore inserted -as follows: - -_(a)_ A declaration of trust by William A. Richardson, Assistant -Secretary of the Treasury, dated at London, December 28, 1871. - -_(b)_ Letter of William A. Richardson, Assistant Secretary of the -Treasury, to John P. Bigelow, Chief of the Loan Division of the -Treasury, dated also at London, December 28, 1871. - -_(c)_ Letter of George Forbes, Chief Cashier of the Bank of England, -to Judge Richardson, dated January 4, 1872. - -_(d)_ Letter of Judge Richardson to George Lyall, Governor of the -Bank of England, dated January 15, 1872. - -_(e)_ Reply to the same by George Forbes, Chief Cashier, dated -January 17, 1872. - -_(f)_ William A. Richardson's report of January 25, 1872. - - -_(a)_ DECLARATION BY WILLIAM A. RICHARDSON - -Whereas, I have this day deposited in my name, as Assistant Secretary -of the Treasury, U. S. A., in the Bank of England, two million five -hundred and fifty thousand pounds sterling, and shall probably -hereafter make further deposits on the same account: - -Now I hereby declare that said amount and deposits, present and future, -are official and belong to the Government of the United States, and not -to me personally that the moneys so deposited are the proceeds of the -sale of five per cent bonds of the "Funded Loan"; that whatever money -I may at any time have in said Bank under said account, will be the -property of the United States Government, held by me officially as -Assistant Secretary of the Treasury, acting under orders from the -Secretary; that the same is, and will continue to be subject to the -draft, order, and control of the Secretary of the Treasury, -independently of, and superior to my authority, whenever he so elects, -and that upon his assuming control thereof, my power over the same -will wholly cease. In case of my decease before said account is -closed, the money on deposit will not belong to my estate, but to the -Government of the United States. - -Witness my hand and seal, -(Signed) WILLIAM A. RICHARDSON, -_Assistant Secretary of the Treasury, U. S. A._ -LONDON, ENGLAND, _December_ 28, 1871. - -_Witnesses:_ -JNO. P. BIGELOW, E. W. BOWEN, GEO. L. WARREN. - - -_(b)_ JUDGE RICHARDSON TO JOHN P. BIGELOW - -41 LOMBARD ST., LONDON, ENGLAND, - _December_ 28, 1871. - -_To_ JOHN P. BIGELOW, _Chief of the Loan Division, Secretary's Office, -Treasury Department, U. S. A._ - -I have this day deposited in the Bank of England, in my name as -Assistant Secretary of the Treasury, two million five hundred and fifty -thousand pounds sterling money, belonging to the United States, -received in payment of five per cent bonds of the Funded Loan delivered -here in London. - -All money hereafter received for future delivery of bonds will be -deposited to the same account. - -Herewith I hand you a declaration of trust signed by me declaring that -said account and moneys belong to the United States, and not to me -personally, also the Deposit Book and a book of blank checks numbered -from 35,101 to 35,150, both inclusive, received from said Bank, all of -which you will take into your custody and carefully keep in one of the -iron safes sent here from the department in the same manner as the -books are kept. - -This money, and all the money deposited in said bank on the account -aforesaid, will be drawn and used only in accordance with the orders of -the Secretary of the Treasury to redeem or purchase five-twenty bonds -and matured coupons, or such other and further orders as he may make -in relation thereto. - -When money is to be drawn to pay for bonds or coupons, it must be drawn -only by filling up a check from the book of checks above referred to, -and you will open an account in which you will enter the amount of all -deposits, the number and amount of each check drawn, specifying also to -whom the same is made payable and on what account it is drawn. - -The checks will be filled up by Mr. Prentiss of the Register's Office, -who will place his check mark on the upper left corner, and will enter -the same in the book. You will then carefully examine the check, see -that it is correctly drawn for the amount actually payable for bonds or -coupons received and properly recorded, and you will, when found -correct, place your check mark on the right hand upper corner before -the same is signed by me. All checks will be signed by me with my -full name as Assistant Secretary of the Treasury, as this is signed. - -(Signed) WILLIAM A. RICHARDSON, - _Assistant Secretary of the Treasury, U. S. A._ - - -_(c)_ MR. FORBES TO JUDGE RICHARDSON - -BANK OF ENGLAND, E. C., - _January_ 4, 1872. - -HON. W. A. RICHARDSON, _Assistant Secretary of the Treasury of the - United States_, 41, _Lombard Street_. - -_Sir:_ To preclude any possible misunderstanding hereafter as to the -character of the drawing account opened in your name, I am instructed -by the Governors to communicate to you in writing that, in conformity -with the rule of the Bank, the account is considered a personal one; -that the Governors have admitted the words appended to your name merely -as an honorary designation; and the bank take no cognizance of, or -responsibility with reference to the real ownership, or intended -application of the sums deposited to the credit of the account. - -I am, sir, - Your obedient servant, -(Signed) GEORGE FORBES, - _Chief Cashier_. - - -_(d)_ JUDGE RICHARDSON TO MR. LYALL - -41 LOMBARD STREET, LONDON, ENGLAND, - _January_ 15, 1872. - -GEORGE LYALL, ESQ., - _Governor of the Bank of England._ - -_Dear Sir:_ Referring to the several conversations which I have had -with you, and with your principal cashier, Mr. Forbes, relative to the -manner and form of keeping the account which I desire to have in the -bank, I beg leave to renew in writing my request heretofore made -orally, that the account of money deposited by me may stand in the -name of Hon. George S. Boutwell, Secretary of the Treasury, U. S. A., -and myself, Assistant Secretary, jointly and severally, so as to be -subject to a several draft of either, and of the survivor, in the -case of death of either one. - -I suppose I must regard the letter of Mr. Forbes to me, dated January -4, 1872, and written under instructions from the Governors of the Bank -as expressing your final conclusion that the account in whatever form -it may be kept, must be considered a personal one. - -You know my anxiety to have by deposits received by the Bank, and -entered in such way that in case of my death the balance may be drawn -at once by the Secretary of the Treasury or some other officer of the -Government, and although you are unwilling to regard the account as an -official one, I hope that on further consideration you will allow it -to be opened in the name of Mr. Boutwell and myself jointly and -severally as above stated. I am, sir, - Your obedient servant, -(Signed) WILLIAM A. RICHARDSON, -_Assistant Secretary of the United States Treasury Department._ - - -_(e)_ MR. FORBES TO JUDGE RICHARDSON - -BANK OF ENGLAND, E. C. - _January_ 17, 1872. - -HON. W. A. RICHARDSON, - _Assistant Secretary of the Treasury - of the United States_, 41, _Lombard St._ -_Sir:_ I am directed by the Governor to acknowledge the receipt of -your letter of the 15th inst., requesting that the account of money -deposited by you in the Bank may stand in the name of the Hon. George -S. Boutwell, Secretary of the Treasury, U. S. A., and yourself, the -Assistant Secretary, jointly and severally, so as to be subject to -the several draft of either, and of the survivor in case of death of -either one. - -I am to inform you that the Bank is prepared to open an account in this -form, as a personal account; but it is essential that Mr. Boutwell -should join in the request and concur in the conditions proposed before -each party can in that case draw upon the account. I am, sir, - Your obedient servant, -(Signed) GEORGE FORBES, - _Chief Cashier._ - - -_(f)_ JUDGE RICHARDSON'S REPORT - -41, LOMBARD STREET, LONDON, - _January_ 25, 1872. - -HON. GEORGE S. BOUTWELL, - _Secretary of the Treasury._ - -_Dear Sir:_ It is my purpose in this letter to give you an account of -the way in which I have kept the money arising from the sale of the -Funded Loan, and the manner in which it has been drawn from time to -time to pay for bonds purchased and redeemed. - -Immediately after the first of December, 1871, the money began to -accumulate very rapidly. Up to the first of December no money whatever -had been received, all bonds delivered having been paid for by the -called bonds and coupons or secured by deposit of other bonds; but on -the second day of that month nearly two and a half millions of dollars -cash were paid to me; then on the fourth, nearly five millions of -dollars more; and on the fifth, above three millions, and so on in -different sums till the present time. - -Of course it was wholly impracticable to receive, handle, count and -keep on hand such large amounts of gold coin, weighing between a ton -and three quarters and two tons to each million of dollars. At one -time my account showed more than sixteen millions of dollars on hand, -and to have withdrawn from circulation that amount of coin would have -produced a panic in the London market; and the risk in having it -hoarded in any place within my reach would have been immense, -especially as it would have soon been known where it was. - -I ascertained that there would be some difficulty in keeping an -official Government account in the Bank of England, and I did not feel -authorized, or justified in my own judgment, in entrusting so much -money to any other banking institution in this city. I found, also, -that the Bank of England never issues certificates of deposit, as do -our banks in the United States. But it issues "post notes," which are -very nearly like its ordinary demand notes, but _payable to order,_ and -on seven days' time, thus differing only in the matter of time from -certificates of deposit. Availing myself of this custom of the Bank -of England, I put all the money into post notes, and locked them up in -one of the safes from which the bonds had been taken. This I regarded -as a safe method of keeping the funds, and I anticipated no further -difficulty. - -But when the Bank made its next monthly or weekly return of its -condition, and published it in all of the newspapers as usual, the -attention of all the financial agents, bankers, and financial writers -of the daily money articles in the journals was immediately attracted -to the sudden increase of the "post notes" outstanding, and the -unusually large amount of them, so many times greater than had ever -been known before. They were immensely alarmed lest the notes should -come in for redemption in a few days, and the coin therefor should be -withdrawn from London and taken to a foreign country; and lest there -should be a panic on account thereof. Some of the financial writers -said they belonged to Germany, and that they represented coin which -must soon be transmitted to Berlin. The Bank officers themselves, -although they knew very well that these notes belonged to the United -States, were not less alarmed because they feared that I would -withdraw the money to send it to New York, which they knew would make -trouble in the London Exchange. Money, which for a short time before -had been at the high rate of interest, for this place, of five per -cent, had become abundant, and the people were demanding of the Bank -a reduction in the rate; but so timid were they about these post -notes that they did not change the rate until I took measures to -allay their fears. This I did because I thought it would be injurious -and prejudicial to the Funded Loan to have a panic in London, in which -the market price of the new loan would drop considerably below par -just at a time when its price and popularity were gradually rising, -and just as it was coming into great favor with a new class of -investors in England, the immensely rich but timid conservatives. - -I determined to open a deposit account with the Bank of England, and in -doing so experienced the difficulties which I anticipated. I assured -the officers that the money was Government (U. S.) money, which I did -not intend, and was not instructed to take home with me; but which I -should use in London in redeeming bonds and coupons, and should leave -in the bank on deposit unless by the peculiarity of their rules, I -should be obliged to withdraw it. They objected to taking the money -as a Government deposit, or as an official deposit in my name, having -some vague idea that if they took it and opened an official Government -account they should be liable for the appropriation of the money unless -documents from the United States were filed with them taking away -that liability, but they could not tell me exactly what documents -they wanted nor from whom they must come. They did, however, agree to -open an account with me, and that was the best I could do. In signing -my name to their book, I added my official title, and when, some time -after, I came to drawing checks, I signed in the same way. This -brought from the officers a letter which I annex hereto, saying that -my deposit would be regarded as a private and personal one. - -What I was most anxious to provide for was the power in some United -States officer to draw the money in case of my death (knowing the -uncertainty of life), without the delay, expense, and trouble which -must necessarily arise, if it stood wholly to my personal credit. I -asked the officers to allow it to stand in your name as Secretary and -mine as Assistant Secretary, jointly and severally, so as to be drawn -upon the several check of either, and by the survivor in case of the -death of either one. I suggested other arrangements which would have -had the same result, but they said their rules prevented their -agreeing to my requests, that they were conservative and did not like -to introduce anything new into their customs. - -On the 15th day of January, 1872, I renewed my request in writing, -after having had several conversations with the officers on the -subject, and received an answer which, with the letter of request, is -hereto annexed. - -In this, their most recent communication, they express a willingness -to enter the account in our joint names as I suggested, regarding it, -however, as a "personal account" and requiring that you should "join -in the request and concur in the conditions proposed before either -party can in that case draw upon the account." - -As I must now almost daily draw from the account for money with which -to pay bonds, I cannot join your name therein until you have sent me -a written compliance with the conditions which they set forth, because -to do so would shut me out from the account altogether for several -weeks. - -Besides, having no instruction from you on the subject, I don't know -that you would care to give written directions as to the deposit. I -know very well that, in case of my sudden decease, you would be glad -enough to find that you could at once avail yourself of the whole -amount of money here on deposit, and so I should have joined your name -as I have stated. Now you can do as you please. I have taken every -possible precaution within my power, and have no fear that the -arrangements are insufficient to protect the Government in any -contingency whatever. With the correspondence which has passed between -the officers of the Bank and myself, and our conversation together, the -account is sufficiently well known to them as a U. S. Government -deposit, and is fully enough stamped with that character, as I intended -it should be, however much they may ignore it now. - -But for still greater caution, I made the written declaration of trust -on the very day of the first deposit, signed and sealed by me, -declaring the money and account as belonging to our Government, and not -to me, a copy of which is hereto annexed. - -I also gave written instruction to Messrs. Bigelow and Prentiss to -draw all the checks, and how to draw them and keep an account thereof. -As I make all my purchases through Jay Cooke, McCullough & Co., every -check is in fact payable to that house, so that the account is easily -kept, and the transactions cannot be mingled with others, for there -are no others. I annex a copy of these instructions. - -This, I believe, will give you a pretty correct idea of the -difficulties which have been presented to me in the matter of taking, -keeping, and paying out the money arising from the sale of the bonds, -and the manner in which I have met them. - -I may add that when the officers of the Bank were satisfied that I was -not to withdraw the money and take it to New York, they reduced the -rate of interest and there has been an easy market ever since. - -There are now on deposit more than twelve million dollars; but I hope -it will be reduced very fast next month. Had you not sent over the -last ten million of bonds, we should have been able to close up very -soon. I hope now that you will make another call of twenty million at -least, because I think it would enable us to purchase more rapidly. - -I annex: -(1) Copy of declaration of trust. -(2) Copy of instructions for drawing checks. -(3) Copy of letter from Cashier of Bank of England, stating that the -account would be considered personal. -(4) Copy of my letter to the Governor of the Bank, asking that your -name might be joined. -(5) Copy of reply to last mentioned letter. - -I am, very respectfully, - Your obedient servant, -(Signed) WILLIAM A. RICHARDSON. - - -When Cooke & Co. had completed their undertaking, the deposits in the -Bank of England exceeded fifteen million dollars, and for three months -they were for the most part unavailable, as the five-twenty bonds which -had not matured under the calls that had been made were above par in -the market. It was a condition of the loan that the five-twenty bonds -redeemed should equal the 5 per cent bonds that had been issued, both -issued to be reckoned at their par value. - -In the month of April, 1872, the Commissioners who had been designated -under the Treaty of Washington of 1871 to ascertain and determine the -character and magnitude of the claims that had been preferred by the -United States against Great Britain, growing out of the depredations -committed by the "Alabama" and her associate cruisers, were about to -meet at Geneva for the discharge of their duties. - -The administration had appointed the Hon. J. C. Bancroft Davis, the -most accomplished diplomatist of the country, as the agent of the -United States, and the preparation of "the Case of the United States" -was placed in his hands. - -The British Ministry discovered--or they fancied that there was -concealed in covert language--a claim for damages, known as -"consequential or indirect damages"--in other words, a claim to -compensation for the value of American shipping that had been driven -from the ocean and made worthless through fear of the cruisers that had -been fitted out in British ports. - -This claim, in the extreme form in which it had been presented by Mr. -Sumner, had been relinquished by the Administration, and a present -reading of "the Case of the United States" may not justify the -construction that was put upon it by the British Ministry. - -Nevertheless, the Administration received notice that Great Britain -would not be represented at the Geneva Conference. - -The subject was considered by the President and Cabinet on three -consecutive days at called sessions. At the final meeting I handed -a memorandum to the President, which he passed to the Secretary of -State. The memorandum was not read to the Cabinet. - -Mr. Adams, the Commissioner for the United States, had not then left -the country. By a despatch from the Secretary of State Mr. Adams -was asked to meet me at the Parker House in Boston, on the second day -after the day of the date of the despatch. - -What occurred at the meeting may be best given through an extract from -the diary of Mr. Adams, which has been placed in my hands by Mr. -Charles Francis Adams, Jr., with the privilege of its full and free -use by me. - -The first entry is under date of Saturday, April 20, 1872, and is in -these words: "Charles brought me a telegram from Governor Fish, -desiring me to meet Mr. Boutwell, who will be at the Parker House -at eleven o'clock on Monday." The second entry is under date of -"Monday, 22d of April." - -"At eleven o'clock called on Mr. Boutwell, the Secretary of the -Treasury, at Parker's Hotel, according to agreement. Found him -alone in his minute bedroom. He soon opened his subject--handed over -to me a packet from Governor Fish, and said that it was the desire of -the Government, it I could find it consistent with what they -understood to be my views of the question of indirect damages, that I -would make such intimation of them to persons of authority in London -as might relieve them of the difficulty which had been occasioned by -them. I told them of my conversation held with the Marquis of Ripon, -in which I had assumed the heavy responsibility of assuring him that -the Government would not press them. I was glad now to find that I -had not been mistaken. I should cheerfully do all in my power to -confirm the impressions consistently with my own position." - -Thus, through Mr. Adams, the claim for "indirect damages" was -relinquished. When the fact of the disturbed relations between the -United States and Great Britain became public there was a panic in -the London stock market, and in the brief period of eight and forty -hours our deposit of twelve million or more in the Bank of England was -converted into five-twenty United States 6 per cent bonds, purchased -at par. - -In my annual report for December, 1872, I was able to make this statement: - -"Since my last annual report the business of negotiating two hundred -million of 5 per cent bonds, and the redemption of two hundred million -6 per cent five-twenty bonds has been completed and the accounts have -been settled by the accounting officers of the Treasury. - -"Further negotiations of 5 per cent bonds can now be made on the basis -of the former negotiation." - - -XXXVII -GENERAL GRANT'S ADMINISTRATION - -The greatness of General Grant in war, in civil affairs, and in -personal qualities which at once excite our admiration and deserve our -commendation, was not fully appreciated by the generation to which he -belonged, nor can it be appreciated by the generations that can know -of him only as his life and character may appear upon the written -record. He had weaknesses, and of some of them I may speak; but they -do not qualify in any essential manner his claim to greatness in the -particulars named. He was not fortunate in the circumstances incident -to the appointment of his Cabinet. The appointment of Mr. Washburne -as Secretary of State for the brief period of one or two weeks was not -a wise opening of the administration, if the arrangement was designed, -and was a misfortune, if the brief term was due to events not -anticipated. The selection of Mr. Fish compensated, and more than -compensated, for the errors which preceded his appointment. The -country can never expect an administration of the affairs of the -Department of State more worthy of approval and eulogy than the -administration of Mr. Fish. Apparently we were then on the verge of -war with Great Britain, and demands were made in very responsible -quarters which offered no alternative but war. The treaty of 1871, -which was the outcome of Mr. Fish's diplomacy, re-established our -relations of friendship with Great Britain, and the treaty was then -accepted as a step in the direction of general peace. - -In the month of February, 1869, I received an invitation from General -Grant to call upon him on an evening named and at an hour specified. -At the interview General Grant asked me to take the office of Secretary -of the Interior. As reasons for declining the place, I said that my -duties and position in the House were agreeable to me and that my -services there might be as valuable to the Administration as my -services in the Cabinet. General Grant then said that he intended to -give a place to Massachusetts, and it might be the Secretary of the -Interior or the Attorney-Generalship. He then asked for my advice as -to persons, and said that if he named an Attorney-General from -Massachusetts, he had in mind Governor Clifford, whom he had met. -Governor Clifford was my personal friend, he had been the Attorney- -General of the State during my term as Governor, he was a gentleman of -great urbanity of manner, a well-equipped lawyer, and as an advocate he -had secured and maintained a good standing in the profession and through -many years. He had come into the Republican Party from the Webster -wing of the Whig Party. To me he was a conservative, and I was -apprehensive that his views upon questions arising, or that might -arise, from our plan of reconstruction might not be in harmony with the -policy of the party. Upon this ground, which I stated to General -Grant, I advised against his appointment. I named Judge Hoar for -Attorney-General and Governor Claflin for the Interior Department. I -wrote the full address of Judge Hoar upon a card, which I gave to -General Grant. Judge Hoar was nominated and confirmed. - -At the same time, Alexander T. Stewart, of New York, was nominated -and confirmed as Secretary of the Treasury. It was soon discovered -that Mr. Stewart, being an importer, was ineligible for the office. -Mr. Conkling said there were nine statutes in his way. A more -effectual bar was in the reason on which the statutes rested, namely, -that no man should be put in a situation to be a judge in his own -cause. The President made a vain effort to secure legislation for the -removal of the bar. Next, Judge Hilton, then Mr. Stewart's attorney, -submitted a deed of trust by which Mr. Stewart relinquished his -interest in the business during his term of office. The President -submitted that paper to Chief Justice Cartter of the Supreme Court of -the District of Columbia. The Chief Justice gave a brief, adverse, -oral opinion, and in language not quotable upon a printed page. - -We have no means of forming an opinion of Mr. Stewart's capacity for -administrative work, and I do not indulge in any conjectures. His -nomination was acceptable to the leading business interests of the -country, and in the city of New York it was supported generally. He -was a successful man of business and an accumulator of wealth, and at -that time General Grant placed a high estimate upon the presence of -talents by which men acquire wealth. - -Following these events, there were early indications that Mr. Stewart's -interest in the President had been diminished, and gradually he took -on a dislike to me. When I knew of his nomination, or when I knew it -was to be made, I met him in Washington and assured him of my -disposition to give my support to his administration. On two occasions -when I was in New York I made calls of civility upon him, but, as he -made no recognition in return, my efforts in that direction came to an -end. - -At a dinner given by merchants and bankers in the early part of -September, 1869, at which I was a guest, Mr. Stewart made a speech in -which he criticized my administration of the Treasury. In the canvass -of 1872 the rumor went abroad that Mr. Stewart had given $25,000 to -the Greeley campaign fund. In the month of October of that year, the -twenty-eighth day, perhaps, I spoke at the Cooper Union. Upon my -arrival in New York, I received a call from a friend who came with a -message from Mr. Stewart. Mr. Stewart would not be at the meeting, -although except for the false rumor in regard to his subscription to -the Greeley fund, he should have taken pleasure in being present. As -General Grant was to be elected, his attendance at the meeting might -be treated by the public as an attempt to curry favor with General -Grant and the incoming Administration. - -As I was passing to the hall, a paper was placed into my hands by a -person who gave no other means of recognizing his presence. When I -reached the hall and opened the paper, I found that it was a summons -to appear as a defendant in an action brought by a man named Galvin, -who claimed damages in the sum of $3,000,000. At the close of the -meeting and when the fact became known one gentleman said to me: "I -do not see how you could have spoken after such a summons." - -I said in reply: "If the suit had been for $3,000 only, it might have -given me some uneasiness, as a recovery would have involved payment. -A judgment of $3,000,000 implies impossibility of payment." - -I had no knowledge of Galvin, but his letters of advice were found on -the files of the Treasury. Even after the suit, I did not examine them -for the purpose of forming an opinion of their value or want of value. -Galvin alleged in his declaration that he had furnished the financial -policy that I had adopted, that it had benefitted the country to the -amount of $300,000,000 and more, and that a claim of $3,000,000 was a -moderate claim. Under the statute, the Department of Justice assumed -the defence. The case lingered, Galvin died, and the case followed. - -At the election of 1872, I voted at Groton in the morning, and in the -afternoon I went to New York, to find that General Grant had been -re-elected by a sufficient majority. On the morning of the next day, I -left the hotel with time for a call upon General Dix, who had been -elected Governor, and for a call upon Thurlow Weed. General Dix was -not at home. Notwithstanding the criticisms of Thurlow Weed as a -manager of political affairs in the State of New York and in the -country, I had reasons for regarding him with favor, although I had -never favored the aspirations of Mr. Seward, his chief. When I was -organizing the Internal Revenue Office in 1862-1863, Mr. Weed gave me -information in regard to candidates for office in the State of New -York, including their relations to the factions that existed--usually -Seward and anti-Seward--and with as much fairness as he could have -commanded if he had had no relation to either faction. - -As I had time remaining at the end of my call upon Mr. Weed, and as I -had in mind Mr. Stewart's message at the Cooper Union meeting, I drove -to his down-town store, where I found him. He received me with -cordiality, but in respect to his health he seemed to be already a -doomed man. He was anxious chiefly to give me an opportunity to -comprehend the nature and magnitude of his business. As I was about -to leave, he took hold of my coat button and said: "When you see the -President, you give my love to him, and say to him that I am for him -and that I always have been for him." Still holding me by the button, -he said: "Who buys the carpets for the Treasury?" - -I said: "Mr. Saville is the chief clerk, and he buys the carpets." - -Mr. Stewart said: "Tell him to come to me; I will sell him carpets -as cheap as anybody." - -When I repeated Mr. Stewart's message to the President he made no -reply, and he gave no indication that he was hearing what I was saying. - -In regard to Judge Hoar's relations to President Grant, the public has -been invited to accept several errors, the appointment to the bench of -the Supreme Court of Justices Bradley and Strong, by whose votes the -first decision of the court in the Legal Tender cases was overruled, -and the circumstances which led to the retirement of Judge Hoar from -the Cabinet. First of all I may say that President Grant was attached -to Judge Hoar, and, as far as I know, his attachment never underwent -any abatement. Whatever bond there may be in the smoking habit, it -was formed without delay at the beginning of their acquaintance. While -General Grant was not a teller of stories, he enjoyed listening to good -ones, and of these Judge Hoar had a large stock always at command. -General Grant enjoyed the society of intellectual men, and Judge Hoar -was far up in that class. General Grant had regrets for the retirement -of Judge Hoar from his Cabinet, and for the circumstances which led to -his retirement. His appointment of Judge Hoar upon the Joint High -Commission and the nomination of Judge Hoar to a seat upon the bench of -the Supreme Court may be accepted as evidence of General Grant's -continuing friendship, and of his disposition to recognize it, -notwithstanding the break in official relations. - -Judge Hoar's professional life had been passed in Massachusetts, and -he had no personal acquaintance with the lawyers of the circuit from -which Justices Strong and Bradley were appointed. Strong and Bradley -were at the head of the profession in the States of New Jersey and -Pennsylvania, and in truth there was no debate as to the fitness of -their appointment. Judge Hoar was not responsible for their -appointment, and I am of the opinion that the nomination would have -been made even against his advice, which assuredly was not so given. -Judge Strong, as Chief Justice of the Supreme Court of Pennsylvania, -had sustained the constitutionality of the Legal Tender Act, and it -was understood that Bradley was of the same opinion. As the President -and Cabinet were of a like opinion, it may be said that there could -have been no "packing" of the Supreme Court except by the exclusion -of the two most prominent lawyers in the circuit and the appointment -of men whose opinions upon a vital question were not in harmony with -the opinion of the person making the appointment. - -As to myself, I had never accepted the original decision as sound law -under the Constitution, nor as a wise public policy, if there had -been no Constitution. By the decision the Government was shorn of a -part of its financial means of defence in an exigency. When the -Supreme Court had reached a conclusion, Chief Justice Chase called -upon me and informed me of that fact, about two weeks in advance of -the delivery of the opinion. He gave as a reason his apprehension of -serious financial difficulties due to a demand for gold by the -creditor class. Not sharing in that apprehension, I said: "The -business men are all debtors as well as creditors, and they cannot -engage in a struggle over gold payments, and the small class of -creditors who are not also debtors will not venture upon a policy in -which they must suffer ultimately." The decision did not cause a -ripple in the finances of the country. - -Pursuing the conversation, I asked the Chief Justice where he found -authority in the Constitution for the issue of non-legal-tender -currency. He answered in the power to borrow money and in the power -given to Congress to provide for the "general welfare of the United -States." I then said, having in mind the opinion in the case of -MacCulloch and Maryland, in which the court held that where a power -was given to Congress, its exercise was a matter of discretion unless -a limitation could be found in the Constitution: "Where do you find -a limitation to the power to borrow money by any means that to Congress -may appear wise?" The Chief Justice was unable to specify a -limitation, and the question remains unanswered to this day. - -When the case of Hepburn and Griswold was overruled in the Legal Tender -cases, the Chief Justice was very much disturbed, and with the -exhibition of considerable feeling, he said: "Why did you consent to -the appointment of judges to overrule me?" I assured him that there -was no personal feeling on the part of the President, and that as to -my own unimportant part in the business, he had known from the time of -our interview in regard to the former action of the court that I -entertained the opinion that the decision operated as a limitation of -the constitutional powers of Congress and that its full and final -recognition might prove injurious to the country whenever all its -resources should be required. At the time of the reversal, the Chief -Justice did not conceal his dissatisfaction with his life and labors -on the bench, and at the interview last mentioned he said that he -should be glad to exchange positions with me, if it were possible to -make the exchange. - -Various reasons have been assigned for the step which was taken by -President Grant in asking Judge Hoar to retire from the Cabinet. Some -have assumed that the President was no longer willing to tolerate the -presence of two members from the same State. That consideration had -been passed upon by the President at the outset, and he had overruled -it or set it aside. In my interview with Mr. Washburne the Sunday -before my nomination, I had said to him that Judge Hoar and I were not -only from the same State, but that we were residents of the same -county, and within twenty miles of each other. Moreover, any public -dissatisfaction which had existed at the beginning had disappeared. -In the meantime the President had become attached to Judge Hoar. Nor -is there any justifying foundation for the conjecture that a vacancy -was created for the purpose of giving a place in the Cabinet to another -person, or to another section of the country. General Grant's -attachment to his friends was near to a weakness, and the suggestion -that he sacrificed Judge Hoar to the low purpose of giving a place to -some other person is far away from any true view of his character. - -Judge Hoar had had no administrative experience on the political side -of the government, and he underestimated the claims, and he undervalued -the rights, of members of Congress. As individuals the members of -Congress are of the Government, and in a final test the two Houses may -become the Government. More than elsewhere the seat of power is in the -Senate, and the Senate and Senators are careful to exact a recognition -of their rights. They claim, what from the beginning they have -enjoyed, the right to be heard by the President and the heads of -departments in their respective States. They do not claim to speak -authoritatively, but as members of the Government having a right to -advise, and under a certain responsibility to the people for what may -be done. - -It was claimed by Senators that the Attorney-General seemed not to -admit their right to speak in regard to appointments, and that -appointments were made of which they had no knowledge, and of which -neither they nor their constituents could approve. These differences -reached a crisis when Senators (I use the word in the plural) notified -the President that they should not visit the Department of Justice -while Judge Hoar was Attorney-General. Thus was a disagreeable -alternative presented to the President, and a first impression would -lead to the conclusion that he ought to have sustained the Attorney- -General. Assuming that the complaints were well founded, it followed -that the Attorney-General was denying to Senators the consideration -which the President himself was recognizing daily. - -President Grant looked upon members of his Cabinet as his family for -the management of civil affairs, as he had looked upon his staff as -his military family for the conduct of the army, and he regarded a -recommendation for a Cabinet appointment as an interference. His -first Cabinet was organized upon that theory somewhat modified by a -reference to locality. Mr. Borie who became Secretary of the Navy -was a most excellent man, but he had had no preparation either by -training or experience for the duties of a department. Of this he -was quite conscious, and he never attempted to conceal the fact. He -often said: - -"The department is managed by Admiral Porter, I am only a figure-head." - -In a few months he resigned. His associates were much attached to him. -He was a benevolent, genial, well informed man. His successor, Mr. -Robeson, was a man of singular ability, lacking only the habit of -careful, continuous industry. This failing contributed to his -misfortunes in administration and consequently he was the subject of -many attacks in the newspapers and in Congress. After his retirement -he became a member of the House of Representatives, and it was a -noticeable fact, that from that day the attacks in Congress ceased. -As a debater he was well equipped, and in reference to his -administration of the Navy Department, he was always prepared with an -answer or an explanation in every exigency. - -The appointment of Governor Fish to the Department of State, gave rise -to considerable adverse comment. The chief grounds of complaint were -that he was no longer young and that recently he had not been active -in political contests. He had been a Whig when there was a Whig Party, -and he became a Republican when the Republican Party was formed. As a -Whig he had been a member of the House of Representatives and of the -Senate of the United States, but he had not held office as a -Republican, nor was he known generally as a speaker or writer in -support of the policies or principles of the party. His age, then -about sixty, was urged as a reason against his appointment. His -selection as Secretary was extremely fortunate for General Grant and -his administration. Governor Fish was painstaking in his office, -exacting in his demands upon subordinates, without being harsh or -unjust, diligent in his duties, and fully informed as to the traditions -and usages of his department. Beyond these administrative qualities -he had the capacity to place every question of a diplomatic character -upon a foundation at once reasonable and legal. If the failure of Mr. -Stewart led to the appointment of Governor Fish the change was -fortunate for General Grant and the country. After the failure of Mr. -Stewart, Mr. Washburne spoke of his appointment to the State -Department, as only temporary, but for a few days he acted as though -he expected to remain permanently. If his transfer to France was an -afterthought, he and the President very carefully concealed that fact. -It is not probable that the President at the outset designed to take -the Secretary of State and the Secretary of the Treasury from New York -City. Hence I infer that the failure of Mr. Stewart worked a change -in the headship of the State Department, and hence I am of the opinion -that the failure of Mr. Stewart was of great advantage to the -administration and to the country, and that without considering whether -there was a gain or loss in the Treasury Department. There can be no -doubt that Governor Fish was a much wiser man than Mr. Washburne for -the management of foreign affairs and there can be as little doubt that -Mr. Washburne could not have been excelled as Minister to Paris in the -troublous period of the years 1870 and 1871. - -Mr. Fish had no ambitions beyond the proper and successful -administration of his own department. He did not aspire to the -Presidency, and he remained in the State Department during General -Grant's second term, at the special request of the President. - -Mr. Sumner's removal from the chairmanship of the Committee on Foreign -Relations was due to the fact that a time came when he did not -recognize the President, and when he declined to have any intercourse -with the Secretary of State outside of official business. Such a -condition of affairs is always a hindrance in the way of good -government, and it may become an obstacle to success. Good government -can be secured only through conferences with those who are responsible, -by conciliation, and not infrequently by concessions to the holders of -adverse opinions. The time came when such a condition was no longer -possible between Mr. Sumner and the Secretary of State. - -The President and his Cabinet were in accord in regard to the -controversy with Great Britain as to the Alabama Claims. Mr. Sumner -advocated a more exacting policy. Mr. Motley appeared to be following -Mr. Sumner's lead, and the opposition to Mr. Sumner extended to Mr. -Motley. It had happened that the President had taken on a prejudice -to Mr. Motley at their first interview. This I learned when I said -something to the President in the line of conciliation. The President -said: "Such was my impression of Motley when I saw him that I should -have withheld his appointment if I had not made a promise to Sumner." -My acquaintance with Mr. Motley began in the year 1849, when we were -members of the Massachusetts House of Representatives, and I had a -high regard for him, although it had been charged that I had had some -part in driving him from politics into literature. - -When we consider the natures and the training of the two men, it is -not easy to imagine agreeable co-operation in public affairs by Mr. -Sumner and General Grant. Mr. Sumner never believed in General Grant's -fitness for the office of President, and General Grant did not -recognize in Mr. Sumner a wise and safe leader in the business of -government. General Grant's notion of Mr. Sumner, on one side of his -character, may be inferred from his answer when, being asked if he -had heard Mr. Sumner converse, he said: "No, but I have heard him -lecture." - -As I am to speak of Mr. Sumner in our personal relations, which for -thirteen years before his death were intimate, I shall use some words -of preface. Never on more than two occasions did we have differences -that caused any feeling on either side. Mr. Sumner was chairman in the -Senate of the Committee on the Freedmen's Bureau, and Mr. Eliot was -chairman of the Committee of the House. A report was made in each -House, and each bill contained not less than twenty sections. Each -House passed its own bill. A committee of conference was appointed. -Its report was rejected. I was appointed a member of the second -committee. - -I examined the bills, and I marked out every section that was not -essential to the working of the measure. Four sections remained. -I then added a section which provided for the lease and ultimate sale -of the confiscated lands to the freedmen and refugees. President -Johnson's restoration of those lands made that section non-operative. -The committee, upon the motion of General Schenck, transferred the -jurisdiction of the Bureau from the Treasury to the War Department. -The bill was accepted by the committee, and passed by the two Houses. - -When within a few days I was in the Senate Chamber, Mr. Sumner came to -me, and said in substance: "The Freedmen's Bureau Bill as it passed is -of no value. I have spent six months upon the bill, and my work has -gone for nothing. You and General Schenck cannot pretend to know as -much as I know about the measure." - -With some feeling, which was not justifiable, I said: "I have not -spent six hours upon the measure, but after what you have said I will -say that the fifth section is of more value than all the sections which -you have written." I did not wait for a reply. The subject was not -again mentioned; our friendly relations were not disturbed, and it is -to Mr. Sumner's credit on the score of toleration that he passed over -my rough remarks, even though he had given some reason for a retort. - -My next difference from Mr. Sumner was a more serious difference, but -it passed without any break in our relations. He had not acquired the -church-going habit, or he had renounced it, and my church-going was -spasmodic rather than systematic. Thus it became possible and -agreeable for me to spend some small portion of each Sunday in his -rooms. The controversy over Mr. Motley and his removal from the post -of minister to Great Britain excited Mr. Sumner to a point far beyond -any excitement to which he yielded, arising from his own troubles or -from the misfortunes of the country. To him it was the topic of -conversation at all times and in all places. That habit I accepted at -his house with as much complacency as I could command. Indeed, I was -not much disturbed by what he said to me in private, and certainly not -by what he said in his own house, where I went from choice, and without -any obligation to remain resting upon me. In all his conversation he -made General Grant responsible for the removal of Motley, accompanied, -usually, with language of censure and condemnation. On two occasions -that were in a measure public, one of which was at a dinner given to me -by Mr. Franklin Haven, a personal friend of twenty years' standing, -when he insisted upon holding the Motley incident as the topic of -conversation. On one of these occasions, and in excitement, he turned -to me and said: "Boutwell, you ought to have resigned when Motley -was removed." - -I said only in reply: "I am the custodian of my own duty." - -This was the only personal remark that I ever made to Mr. Sumner in -connection with the removal of Motley. The removal was the only -reasonable solution of the difficulty in which Motley was involved; -but I sympathized with him in the disaster which had overtaken him, -and I was not disposed to discuss the subject. The incident at the -dinner led me to make a resolution. I called upon Mr. Sumner, and -without accepting a seat, I said: "Senator, if you ever mention -General Grant's name in my presence, I will never again cross your -threshold." - -Without the delay of half a minute he said: "Agreed." - -There the matter ended, and the promise was kept. In 1872, and not -many days before he left for Europe, he said: "I want to ask you a -question about General Grant." - -I said: "You know that that is a forbidden topic." - -"Yes, but I am not going to speak controversially." - -I said: "Say on." - -He said: "What do you think of Grant's election?" - -I said: "I think he will be elected." - -He held up his hands, and in a tone of grief said: "You and Wilson -are the only ones who tell me that he has any chance." - -Upon his return from Europe it was apparent that his feelings in -regard to the Republican Party, and especially in regard to General -Grant, had undergone a great change. Our conversations concerning -General Grant were resumed free from all restrictions, and without -any disturbance of feeling on my part. Not many months before his -death Mr. Sumner made a speech in executive session that was -conciliatory and just in a marked degree. I urged him to repeat it -in public session. He seemed to regard the suggestion with favor, but -the speech was not made. - -For many years Mr. Sumner had been borne down under the resolutions of -censure passed by the State of Massachusetts in disapproval of his -position in regard to the return of Confederate flags. That resolution -was rescinded at the winter session of 1874. The act brought to Mr. -Sumner the highest degree of satisfaction that it was possible for him -to realize. Above all things else of a public nature, he cherished -the good name of the commonwealth, and for himself there was nothing -more precious than her approval. The blow was unexpected, its weight -was great, and its weight was never lessened until it was wholly -removed. The rescinding resolutions came to me the Saturday next -preceding the Wednesday when Mr. Sumner died. I was then in ill -health, so ill that my attendance at the Senate did not exceed one -half of each day's session through many weeks. Mr. Sumner called upon -me to inquire, and anxious to know, whether I could attend the session -of Monday and present the resolutions. I gave him the best assurance -that my condition permitted. When the resolutions had been presented, -and when I was leaving the chamber, Mr. Sumner came to me, and, putting -his arm over my shoulder, he walked with me into the lobby, where, -after many thanks by him, and with good wishes for my health, we -parted, without a thought by me that he had not before him many years -of rugged life. For several years previous to 1874, Mr. Sumner had -been accustomed to speak of himself as an old man, and on more than one -occasion he spoke of life as a burden. To these utterances I gave but -little heed. - -The chief assurance for any considerable well-doing in the world is to -be found in good purposes and in fixedness of purpose when a purpose -has been formed. These characteristics were Mr. Sumner's possession, -but in him they were subject to very important limitations as powers in -practical affairs. He did not exhibit respect or deference for the -opinions of others even when the parties were upon a plane of equality, -as is the usual situation in legislative bodies. He could not concede -small points for the sake of a great result. Hence it was that -measures in which he had an interest took on a form at the end that -was not agreeable to him. Hence it is that he has left only one piece -of legislation that is distinctly the work of his hand. When the bill -was under consideration which denied to colored persons the privilege -of naturalization in the United States, he secured an amendment by -which the exclusion was limited to the Mongolian race. His -declaration as to the status of the States that had been in rebellion -was not far away from the policy that was adopted finally, but he did -not accept as wise and necessary measures the amendments to the -Constitution which were designed to make that policy permanent. -Indeed, it was his opinion, at one period of the controversy over the -question of negro suffrage, that a legislative declaration would be -sufficient. The field of his success is to be found in the -argumentative power that he possessed and in its use for the overthrow -of slavery. Of the anti-slavery advocates who entered the Senate -previous to the opening of the war, he was the best equipped in -learning, and his influence in the country was not surpassed by the -influence of any one of his associates. In his knowledge of diplomacy, -he had the first rank in the Senate for the larger part of his career. -His influence in the Senate was measured, however, by his influence in -the country. His speeches, especially in the period of national -controversy, were addressed _to_ the country. He relied upon -authorities and precedents. His powers as a debater were limited, and -it followed inevitably that in purely parliamentary contests he was -not a match for such masters as Fessenden and Conkling, who in learning -were his inferiors. - -My means for information are so limited that I do not express an -opinion upon the question whether Mr. Sumner's ambitions in public life -were or were not gratified. On one or two occasions he let fall -remarks which indicated a willingness to be transferred to the -Department of State. Major Ben. Perley Poore had received the -impression that there was a time when Mr. Sumner looked to the -Presidency as a possibility. At an accidental meeting with Major -Poore, he said to me: "I have dined with Sumner, and he gave me an -account of the conversation he had with you this morning, in which you -consoled him for not gaining the Presidency." - -I recalled the conversation. It was a Sunday-morning talk, and there -was no special purpose on my part, however my remarks may have been -received by Mr. Sumner. He spoke of the opportunity furnished to Mr. -Jefferson for the exposition of his views in his first inaugural -address. I then proceeded to say that, omitting the incumbent of the -office, of whom nothing could then be said, not more than three or four -men had gained in standing by their elevation to the Presidency, beyond -the fact that their names were upon the roll. The exceptions were, -first of all, Lincoln, who had gained most. Then Jackson, who had -gained something--indeed, a good deal by his defence of the Union when -compared with what he might have lost by neglect of duty in the days of -nullification. Washington had gained much by demonstrating his -capacity for civil affairs, by the legacy of his farewell address, -and by the shaping of the new government under the Constitution in a -manner calculated to strengthen the quality of perpetuity. At the end, -I claimed that the other occupants of the Presidential office had not -gained appreciably by their promotion. - -In two important particulars, Samuel Adams and Charles Sumner are -parallel characters in American history. Mr. Adams was a leader in -the contest that the colonies carried on against Great Britain. Our -legal standing in the controversy with the mother country has never -elsewhere been presented as forcibly and logically as it was stated by -Mr. Adams in his letters to the royal governors in the name of the -Massachusetts House of Representatives, between the years 1764 and -1775. When the contest of words and of arms was over he was not -only not an aid in the organization of the new Government, but he was -an obstacle to its success. He accepted the Constitution with -hesitation and under constraint. After the overthrow of slavery and -the ratification of the Thirteenth Amendment to the Constitution, Mr. -Sumner gave no wise aid to the work of reconstructing the government -upon the basis of the new conditions that had been created by the war -and by the abolition of slavery. As every guarantee for freedom -contains some element of enslavement over or against some who are not -within the guarantee, men sometimes hesitate as to the wisdom of -accepting guarantees of rights in one direction which work a limitation -of rights or privileges in other directions. The Constitution of the -United States, while it gave power to the body of States and guaranteed -security to each yet deprived the individual States of many of the -privileges and powers that they had enjoyed as colonies. Every -amendment to the Constitution, from the first to the last, has limited -the application of the doctrine of home rule in government. - -Upon the election of Mr. Wilson to the office of Vice-President, I was -chosen by the Legislature of Massachusetts as his successor in the -Senate. I left the Treasury and General Grant's Cabinet with -reluctance, but my experience in both branches of the government had -led me to prefer the legislative branch, where there is at least more -freedom of action than can be had in the executive department. This -opinion is in no sense due to the nature of my relations with General -Grant. His military habits led him to put responsibility upon -subordinates and this habit he carried into civil affairs. - -Moreover, in my own case, he recognized that fact that I had accepted -the place upon his urgent request, command indeed, and not to gratify -any ambition of my own. And further, I think I may assume, that his -confidence was such that he was content to leave the department in my -hands. During my time he put only one person--General Pleasanton-- -into the department, and he never commanded or required the removal of -any one. On a few occasions he named persons whom he said he would be -glad to have employed if places could be found. They were always -soldiers, or widows or children of soldiers, and he never forgot his -suggestions, nor allowed the passage of time to diminish his interest -in such cases. - -The important places in New York, Chicago, St. Louis, Cincinnati, New -Orleans and Philadelphia were filled by him, usually upon consultation, -but upon his judgment. He gave very little attention to others beyond -signing the commissions. I often called his attention to the more -important ones, but it was his practice to send applicants and their -friends to me with the remark that the business was in my hands. - -By this course the President avoided much labor, and escaped some -responsibility. The disappointed ones charged their misfortunes to -the Secretary, and the President was able to say that he knew nothing -of the case, etc., etc. - -I have reason to believe that the President did not exhibit equal -confidence in my successors, especially in Mr. Bristow. The President -received the impression very early, that Bristow was engaged in a -scheme to secure the nomination by an alliance with the enemies of -General Grant. In my time three Secretaries of the Treasury attempted -in turn to secure a nomination for the Presidency through the influence -and patronage of that department. All were failures, and failures well -deserved. - -Such a policy breeds corruption inevitably. Venal men aspiring to -place, avow themselves the friends of the Secretary, and if through -such avowals they secure appointments, the offices will be used for -improper purposes. - -My successor, Judge Richardson, had been Assistant Secretary for three -years and more, and no one could have surpassed him in industry, -fidelity and knowledge of the business. I recommended his appointment. -The President hesitated, but he finally nominated him to the Senate, -and the nomination was confirmed. - -CORRESPONDENCE WITH GENERAL GRANT UPON MY RESIGNATION OF THE OFFICE OF -SECRETARY OF THE TREASURY - -WASHINGTON, - _March_ 17, 1873. - -SIR: -Having been elected to the Senate of the United States by the -Legislature of Massachusetts, I tender my resignation of the office of -Secretary of the Treasury. - -In severing my official relations with you it is a great satisfaction -to me that on all occasions you have given me full confidence and -support in the discharge of my public duties. - -In these four years my earlier acquaintance with you has ripened into -earnest personal friendship, which, I am confident, will remain -unbroken. I am - Yours very truly, - GEO. S. BOUTWELL. -TO THE PRESIDENT. - - -EXECUTIVE MANSION, -WASHINGTON, _March_ 17, 1873. - -HON. GEO. S. BOUTWELL, -_Dear Sir:_-- -In accepting your resignation of the office of Secretary of the -Treasury, an office which you have filled for four years with such -satisfaction to the country, allow me to express the regret I feel at -severing official relations which have been at all times so agreeable -to me, and,--as I am assured by your letter of resignation,--to you -also. Your administration of the important trust confided to you -four years since, has been so admirably conducted as to give the -greatest satisfaction to me because as I read public judgment and -opinion it has been satisfactory to the country. The policy pursued in -the office of Secretary of the Treasury by your successor I hope may -be as successful as yours has been, and that no departure from it -will be made except such as experience and change of circumstances -may make necessary. - -Among your new official associates I trust you will find the same warm -friends and co-workers that you leave in the Executive branch of the -government. - -You take with you my most sincere well wishes for your success as a -legislator and as a citizen, and the assurance of my desire to continue -the warm personal relations that have existed between us during the -whole of our official connection. - Very truly yours, - U. S. GRANT. - - -XXXVIII -GENERAL GRANT AS A STATESMAN* - -General Grant's father was a Whig and an admirer and supporter of Mr. -Clay. The public policy of Mr. Clay embraced three great measures: -First, a national bank, or a fiscal agency as an aid to the Treasury -in the collection and disbursement of the public revenues; secondly, -a system of internal improvements to be created at the public expense -and controlled by the National Government; and, thirdly, a tariff -system which should protect the American laborer against the active -competition of the laborers of other countries who were compelled to -work for smaller compensation. - -From the year 1834 to the year 1836 the country was engaged in an -active controversy over the policy of the Whig Party, of which Mr. -Clay was then the recognized head. Indeed, the controversy began as -early as the year 1824, and it contributed, more than all other causes, -to the new organization of parties under the leadership, respectively, -of Mr. Clay and General Jackson. - -General Grant was educated under these influences, and in the belief -that the policy of the Whig Party would best promote the prosperity -of the country. Those early impressions ripened into opinions, which -he held and on which he acted during his public life. It happened -by the force of circumstances that the Republican Party was compelled -to adopt the policy of Mr. Clay--not in measures, but in the ideas on -which his policy was based. It is not now necessary to inquire -whether the weight of argument was with Mr. Clay or with his opponents. -The war made inevitable the adoption of a policy which Mr. Clay had -advocated as expedient and wise. - -The Pacific Railways were built by the aid of the Government and under -the pressure of a general public opinion that the East must be brought -into a more intimate connection with our possessions on the Pacific -Ocean, for mutual support and for the common defence. - -The national banking system was established for the purpose of securing -the aid of the banks as purchasers and negotiators of the bonds of the -Government, at a time when the public credit was so impaired that it -seemed impossible to command the funds necessary for the prosecution -of the war. - -The same exigency compelled Congress to enact, and the country to -accept, a tariff system more protective in its provisions than any -scheme ever suggested by Mr. Clay. The necessities of the times -compelled free-traders, even, to accept the revenue system with its -protective features; but General Grant accepted it as a system in -harmony alike with his early impressions and with his matured opinions. - -It has happened, by the force of events, that the policy of the old -Whig Party has been revived in the national banking system, while the -Independent Treasury, the leading measure of the old Democratic Party, -has been preserved in all its features as the guide of the Treasury -Department in its financial operations. - -When General Grant became President, these three measures had been -incorporated into the policy of the Republican Party. Their full -acceptance by him did not require any change of opinion on his part. -It was true that he had voted for Mr. Buchanan in 1856; but his vote -was given in obedience to an impression that he had received touching -the qualifications of General Fremont. The fact that he had voted -for Mr. Buchanan excited suspicions in the minds of some Republicans, -and it engendered hopes in the bosoms of some Democrats that he might -act in harmony with the Democratic Party. The suspicions and the -hopes were alike groundless. - -As early as the month of August, 1863, in a letter to Mr. E. B. -Washburne, he said: "It became patent to my mind early in the -rebellion that the North and South could never live at peace with -each other except as one nation, and that without slavery. As anxious -as I am to see peace established, I would not, therefore, be willing -to see any settlement until this question is forever settled." - -Thus was General Grant, at an early moment, and upon his own judgment, -brought into full accord with the Republican Party upon the two -debatable and most earnestly debated questions during Mr. Lincoln's -administration--the prosecution of the war and the abolition of -slavery. - -And thus it is apparent that in 1868 he was in a condition, as to all -matters of opinion, to accept a nomination at the hands of the -Republican Party; and it is equally apparent that he was separated -from the Democratic Party by a chasm wide, deep, and impassable. It -is, however, true that General Grant's feelings were not intense, and -in the expression of his opinions his tone was mild and his manner -gentle. It often happened, also, that he did not undertake to -controvert opinions and expressions with which he had no sympathy. -This peculiarity may at times have led to a misunderstanding, or to -a misinterpretation of his views. Upon this basis of his early -impressions, and matured opinions his administrative policy was -constructed. - -When he became President, there was a body of American citizens, not -inconsiderable in numbers, who doubted the ability of the Government -to pay the war debt; there were others who advocated payment in -greenbacks, or the substitution of a note not bearing interest for a -bond that bore interest; and there were yet others who denied the -validity of the existing obligations. All these classes, whether they -were dishonest or only misled, were alike rebuked in his inaugural -address. These were his words: "A great debt has been contracted -in securing to us and to our posterity the Union. The payment of this -debt, principal and interest, as well as the return to a specie basis, -as soon as it can be accomplished without material detriment to the -debtor class, or to the country at large, must be provided for. . . . -To protect the national honor, every dollar of Government indebtedness -should be paid in gold, unless otherwise expressly stipulated in the -contract. . . . - -"Let it be understood that no repudiator of one farthing of our public -debt will be trusted in public place, and it will go far toward -strengthening a credit which ought to be the best in the world, and -will ultimately enable us to replace the debt with bonds bearing less -interest than we now pay." - -In the same address he asserted the ability of the country to pay the -debt within the period of twenty-five years, and he also declared his -purpose to secure a faithful collection of the public revenues. At -the close of his administration of eight years one fifth part of the -public debt had been paid, and if the system of taxation that existed -in 1869 had been continued the debt would have been extinguished in -less than a quarter of a century from the year 1869. In his -administration, however, the crisis was passed. The ability and the -disposition of the country were made so conspicuous that all honest -doubts were removed, and the repudiators were shamed into silence. -The redemption of the debt by the purchase of bonds in the open market -strengthened the public credit, and laid a foundation for the -resumption of specie payments. - -General Grant's inaugural address was followed by the passage of the -act of March 18, 1869, entitled "An act to strengthen the public -credit." This act was a pledge to the world that the debts of the -United States, unless there were in the obligations express -stipulations to the contrary, would be paid in coin. - -In accordance with the report of the Secretary of the Treasury, -President Grant, in his annual message of December, 1869, recommended -the passage of an act authorizing the funding of the public debt at a -lower rate of interest. - -Following this recommendation, the bill for refunding the public debt, -prepared by the Secretary of the Treasury, was enacted and approved -July 14, 1870. - -By this act the Secretary of the Treasury was authorized to issue bonds -to the amount of $200,000,000 bearing interest at the rate of 5 per -cent, $300,000,000 bearing interest at the rate of 4 1/2 per cent, and -$1,000,000,000 bearing interest at the rate of 4 per cent. - -Under this act, and the amendments thereto, the debt has been refunded -from time to time until the average rate of interest does not now -exceed 3 1/2 per cent. Although these two important measures of -administration were not prepared by General Grant, they were but the -execution of his policy set forth in his inaugural address. - -In respect to the rights of the negro race, General Grant must be -ranked with the advanced portion of the Republican Party. Upon the -capture of Fort Donelson, a number of slaves fell into the hands of the -Union army. General Grant issued an order, dated Feb. 26, 1862, in -which he authorized their employment for the benefit of the Government, -and at the close he said that under no circumstances would he permit -their return to their masters. - -In his inaugural address he urged the States to ratify the Fifteenth -Amendment, and its ratification was due, probably, to his advice. At -that moment his influence was very great. It may well be doubted -whether any other President ever enjoyed the confidence of the country -in as high a degree. He gave to that measure the weight of his opinion -and the official influence of his administration. The amendment was -opposed by the Democratic Party generally, and a considerable body of -Republicans questioned its wisdom. General Grant was responsible for -the ratification of the amendment. Had he advised its rejection, or -had he been indifferent to its fate, the amendment would have failed, -and the country would have been left to a succession of bitter -controversies arising from the application of the second section of the -Fourteenth Amendment, which provided that the representation of a State -should be based upon the number of male citizens over twenty-one years -of age entitled to vote. - -General Grant accepted the plan of Congress in regard to the -reconstruction of the Union. There were three opinions that had -obtained a lodgment in the public mind. President Johnson and his -supporters claimed that the President held the power by virtue of his -office to convene the people of the respective States, and that under -his direction constitutions might be framed, and that Senators and -Representatives might be chosen who would be entitled to seats in -Congress, as though they represented States that had not been engaged -in secession and war. Others maintained that neither by the ordinances -of secession nor by the war had the States of the Confederacy been -disturbed in their legal relations to the Union. - -It was the theory of the Republican Party in Congress that the eleven -States by their own acts had destroyed their legal relations to the -Union; that the jurisdiction of the National Government over the -territory of the seceding States was full and complete; and that, as -a result of the war, the National Government could hold them in a -Territorial condition and subject to military rule. Upon this theory -the re-appearance of a seceded State as a member of the Union was made -to depend upon the assent of Congress, with the approval of the -President, or upon an act of Congress by a two-thirds vote over a -Presidential veto. - -General Grant sustained the policy of Congress during the long and -bitter contest with President Johnson, and when he became President -he accepted that policy without reserve in the case of the restoration -of the States of Virginia, Georgia, Texas, and Mississippi. Upon this -statement it appears that General Grant was a Republican, and that he -became a Republican by processes that preclude the suggestion that his -nomination for the Presidency wrought any change in his position upon -questions of principle or policy in the affairs of government. Indeed, -his nomination in 1868 was distasteful to him, as he then preferred to -remain at the head of the army. It was in the nature of things, -however, that he should have wished for re-election. He was re- -elected, and at the end of his second term he accepted a return to -private life as a relief from the cares and duties of office. The -support which he received for the nomination in 1880 was not due to -any effort on his part. Not even to his warmest supporters did he -express a wish, or dictate or advise an act. His only utterance was -a message to four of his friends at the Chicago Convention, that -whatever they might do in the premises would be acceptable to him. -His political career was marked by the same abstention from personal -effort for personal advancement that distinguished him as an officer -of the army. But he did not bring into civil affairs the habits of -command that were the necessity of military life. Although by virtue -of his position he was the recognized head of the Republican Party, -he made no effort to control its action. Wherever he placed power, -there he reposed trust. - -There was not in General Grant's nature any element of suspicion, and -his confidence in his friends was free and full. Hence it happened -that he had many occasions for regret. - -On no man in public life in this generation were there more frequent -charges and insinuations of wrong-doing, and in this generation there -has been no man in public life who was freer from all occasion for -such insinuations and charges. - -When he heard that the Treasury Department was purchasing bullion of -a company in which he was a stockholder, he sold his shares without -delay, and without reference to the market price or to their real value. - -General Grant had no disposition to usurp power. He had no policy to -impose upon the country against the popular will. This was shown in -the treatment of the Santo Domingo question. General Grant was not -indisposed to see the territories of the Republic extended, but his -love of justice and fair dealing was such that he would have used -only honorable means in his intercourse with other nations. Santo -Domingo was a free offering, and he thought that its possession would -be advantageous to the country. - -Yet he never made it an issue, even in his Cabinet, where, as he well -knew, very serious doubts existed as to the expediency of the measure. -He was deeply pained by the unjust attacks and groundless criticism -of which he was the subject, but he accepted the adverse judgment of -the Senate as a constitutional binding decision of the question, and -of that decision he never complained. - -In a message to the Senate of the 31st of May, 1870, he urged the -annexation of Santo Domingo. He said, "I feel an unusual anxiety for -the ratification of this treaty, because I believe it will redound -greatly to the glory of the two countries interested, to civilization, -and to the extirpation of the institution of slavery." He claimed for -the scheme great commercial advantages, that it was in harmony with the -Monroe doctrine, and that the consummation of the measure would be -notice to the states of Europe that no acquisitions of territory on -this continent would be permitted. In his second inaugural address -General Grant referred to the subject in these words: "In the first -year of the past administration the proposition came up for the -admission of Santo Domingo as a Territory of the Union. . . . I believe -now, as I did then, that it was for the best interests of this country, -for the people of Santo Domingo, and all concerned, that the -proposition should be received favorably. It was, however, rejected -constitutionally, and therefore the subject was never brought up -again by me." General Grant considered the failure of the treaty as -a national misfortune, but he never criticised the action of its -opponents. - -General Grant's firmness was shown in his veto of the Senate currency -bill of 1874. It is known that unusual effort was made to convince -him that the measure was wise in a financial view, and highly expedient -upon political grounds. The President wrote a message in explanation -of his act of approval, but upon its completion he was so much -dissatisfied with his own argument that he resolved to veto the bill. -Hence the veto message of April 22, 1874. - -In foreign policy, the principal measure of General Grant's -administration was the treaty with Great Britain of May, 1871. The -specific and leading purpose of the negotiations was the adjustment -of the claim made by the United States that Great Britain was liable -in damages for the destruction of American vessels, and the consequent -loss of commercial power and prestige, by the depredations of -Confederate cruisers that were fitted out or had obtained supplies in -British ports. Neither the treaty of peace of 1783, nor the subsequent -treaties with Great Britain, made a full and final settlement of the -fishery question or of our northern boundary-line at its junction -with the Pacific Ocean. These outlying questions were considered in -the negotiations, and they were adjusted by the terms of the treaty. -The jurisdiction of the island of San Juan on the Pacific coast, then -in controversy, was referred to the Emperor of Germany as arbitrator, -with full and final power in the premises. By his award the claim of -the United States was sustained. - -The fishery question was referred to arbitrators, but it was a -misfortune that the award was not satisfactory to the United States, -and the dispute is reopened with capacity to vex the two governments -for an indefinite period of time. - -The claims against Great Britain growing out of the operations of the -Confederate cruisers, known as the Alabama claims, were referred to -arbitrators, by whose award the Government of the United States -received the sum of $15,500,000. But the value of the treaty of 1871 -was not in the award made. The people of the United States were -embittered against the Government of Great Britain, and had General -Grant chosen to seek redress by arms he would have been sustained -throughout the North with substantial unanimity. But General Grant -was destitute of the war spirit, and he chose to exhaust all the powers -of negotiation before he would advise a resort to force. A passage -in his inaugural address may have had an influence upon the policy of -the British Government: "In regard to foreign policy, I would deal -with nations as equitable law requires individuals to deal with each -other. . . . I would respect the rights of all nations, demanding -equal respect for our own. _If others depart from this rule in their -dealings with us, we may be compelled to follow their precedent."_ - -The reference of the question at issue to the tribunal at Geneva was -a conspicuous instance of the adjustment of a grave international -dispute by peaceful methods. - -By the sixth article of the treaty of 1871, three new rules were made -for the government of neutral nations. These rules are binding upon -the United States and Great Britain, and the contracting parties -agreed to bring them to the knowledge of other maritime powers, and -to invite such powers to accede to the rules. - -In those rules it is stipulated that a neutral nation should not -permit a belligerent to fit out, arm, or equip in its ports any vessel -which it has reasonable ground to believe is intended to cruise or -carry on war against a power with which it is at peace. It was further -agreed, as between the parties to the treaty, that neither would -suffer a belligerent to make use of its ports or waters as a base of -operations against the other. Finally, the parties agreed to use due -diligence to prevent any infraction of the rules so established. - -Mr. Fish was then Secretary of State, and to him was General Grant and -the country largely indebted for the settlement of the Alabama -controversy; but the settlement was in harmony with General Grant's -inaugural address. - -Before the final adjustment of the controversy, by the decision of the -tribunal at Geneva, General Grant had occasion to consider whether -the allegation against Great Britain, growing out of her recognition, -in May, 1861, of the belligerent character of the Confederacy, could -be maintained upon the principles of public law. Upon his own judgment -he reached the conclusion that the act was an act of sovereignty within -the discretion of the ruler, for which a claim in money could not be -made. This opinion was accepted, finally, by his advisers, by the -negotiators, and by the country. - -General Grant was not a trained statesman. His methods of action were -direct and clear. His conduct was free from duplicity, and artifice of -every sort was foreign to his nature. In the first years of his -administration he relied upon his Cabinet in all minor matters relating -to the departments. Acting upon military ideas, he held the head of a -department to his full responsibility, and he waited, consequently, -until his opinion was sought or his instructions were solicited. - -In his conferences with the members of his Cabinet he expressed his -opinions with the greatest freedom, and, upon discussion, he often -yielded to the suggestions or arguments of others. He was so great -that it was not a humiliation to acknowledge a change in opinion, or -to admit an error in policy or purpose. - -In his intercourse with members of Congress upon the business of the -Government, he gave his opinions without reserve when he had reached -definite conclusions, but he often remained a silent listener to the -discussion of topics which he had not considered maturely. - -His politics were not narrow nor exclusive. He believed in the growth -of the country, and in the power of republican ideas. He was free from -race prejudice, and free from national jealousy, but he believed in the -enlargement of our territory by peaceful means, in the spread of -republican institutions, and in the predominance of the English- -speaking race in the affairs of the world. - -The spirit of philanthropy animated his politics, and the doctrines of -peace controlled his public policy. - -[* This article was printed in Appleton's Cyclopedia for the year 1885. -Copyright, 1886, by D. Appleton & Co.] - - -XXXIX -REMINISCENCES OF PUBLIC MEN - -GENERAL BANKS - -Of the men whom I have known in public affairs, General Banks was in -his personality one of a small number who were always agreeable and -permanently attractive. He was the possessor of an elastic spirit; -he was always hopeful of the future and in adversity he saw or fancied -that he saw, days of prosperity for himself, for his party, for the -commonwealth and for the country. His interest in the fortunes of the -laboring classes was a permanent interest, and they are largely -indebted to him for the passage of the eight-hour law by the Congress -of the United States. Not infrequently his thoughts and schemes were -too vast for realization. While the contest in Kansas was going on, -he suggested an organization of capitalists for the purchase of the -low-priced lands in Delaware, then a sale to Northern farmers and the -conversion of Delaware into a free State. - -His studies in law had been fragmentary and superficial, and nature had -not endowed him with all the qualities that are essential to the -successful lawyer. His reading on the literary side was considerable, -especially in the Spanish language. Early in life he accepted the idea -that our relations with the Spanish race were to be intimate in a not -far off future. He was a careful observer of character, and of -conditions in affairs, and in a free debate he was never in peril of -being overmatched. Of a mutual friend and an associate in politics -he said: "He has no serious side to his character--a defect that has -been the bane of many otherwise able men." - -When the coalition came into power Banks was made speaker of the -Massachusetts House of Representatives. Wilson was president of the -Senate and I was in the office of Governor. In an evening stroll with -Banks around Boston Common, engaged in a survey of public affairs, -he changed the conversation suddenly with the remark: "It's almighty -queer that the people of this commonwealth have put their government -into the hands of men who have no last and usual place of abode." The -pertinency of this remark is to be found in the facts to which it was -applicable. There were some men of wealth in the Coalition Party but -the three places that I have named were held by men who were destitute -of even the means of well-to-do mechanics and tradespeople. - -Mr. Banks had power in repartee which made him a formidable adversary -in parliamentary debate. When he was a mechanic at Waltham he took -an active part in temperance meetings. At one of the meetings a -Unitarian clergyman of conservative leanings, made a speech in which he -criticized the speeches and said finally: "I do not attend the -meetings because I cannot approve of what I hear said." He then -referred to Mr. Banks as a young man who was guilty of indiscretions -in speech. He had seen him once only at his church. He had made -inquiries of his brethren and he could not learn that Mr. Banks was a -regular attendant at any church. Banks in reply admitted that he had -been in the church of the reverend gentleman but once, and that he was -not a regular attendant at any church. Said he: "I do not go to -church because I hear things said there which I do not approve." The -reverend gentleman was forced to join in the general laugh which was -raised at his expense. - -Two extracts from General Banks' letters, written to me during the war -may give an idea of his characteristics in his maturer years. - -HEADQUARTERS, CAMP AT DAMSTOWN, MD. -_October_ 15, 1861. - -MY DEAR SIR:-- -I received your letter of the 8th inst . . . and also one of an earlier -date. - -I am very glad to hear from you. I see few people and hear little news -from home. Newspapers I have little relish for and scarcely time to -read them, if I had. - -I am glad to know that you contemplate the army for a pursuit. Our -people will in the end surrender all business except that of the war, -and that which pertains to the war. Our country is in a sad condition. -It is already clear that the influence of France and England is against -us. How sadly all our anticipations in regard to the war have failed -us,--the insurrection of the blacks, the material deficiencies of the -South, their want of men, and worst of all the friendship or the -indifference of England. We have now, or shall have by and by to do -what we should have done at the start, rely upon ourselves and prepare -for our work upon a scale proportionate to its magnitude. It would -amuse you to know how far the highest civil authority is subordinated -to military direction. I do not doubt in the slightest degree the -success of the Government in the end, but it grieves me to see how -slow we have been and still are in comprehension and preparation. - -This continent is just as important to England and France as it is to -us. It is hardly to be doubted that they will postpone all -international questions, and secure what has never before been offered -to them--a controlling foothold here. How many times I have spoken to -you in the old Executive Chamber of the importance to the whole world -of the possession of Mexico--and of the power it would infallibly give -to this continent, as in Europe to those who possessed it. And now -Spain, France, and England are there. "Birnam Wood _has_ to great -Dunsinane come." There is but one remedy for us. Every male creature -born and unborn must become a soldier. Soldiers do not criticize, so -you must consider this _Private_. And believe me very truly yours, -etc. - N. P. BANKS. - - -HEADQUARTERS, DEPARTMENT OF THE GULF. - _New Orleans, 27 Decr._ 1863. - -MY DEAR SIR:-- -I have written to the President upon the subject of a free State -organization in Louisiana. It appears quite certain to me that the -course pursued here by the officers to whom the matter is entrusted -will not lead to an early or a certain result. It will not be -accomplished sooner than August or September, and then will be involved -in the struggles of the Presidential contest, and very likely share -the fate of that struggle. It certainly ought not to be dependent upon -that issue, and settled, not only independent of it, but before it -opens. It can be easily done, in March. A Free State government upon -the basis of immediate emancipation can be acquired as early as March -with the general consent of the People, and without any material -opposition, in such a manner as to draw after it _all_ the Southern -States, on the same basis, and by the same general consent. But it -cannot be done in the manner now proposed here. It is upon this subject -that I have written the President. Three months ago I wrote him upon -the same idea but did not send my letter. Subsequent reflection and -inquiry have made the theory so clear to mind that I felt impelled -to put my views before him. I write this as from the request of my -previous letter you may have spoken to him upon the subject of the -Depart't and the reorganization of the State. The election of next -year does not seem as clear to me as it appears to you. I fancy it to -be a struggle between the Democratic Party, backed by the entire power -of the regular army and the People. It will be a contest of great -violence. - -* * * * * * * * -The report of General Halleck is singularly incorrect, in its references -to the Department--so much so that it is impossible to attribute them -to anything else but misapprehension of facts. I refer to that which -relates to Galveston, and the movement against Port Hudson in April. -If it were not so palpable, I shd think the Department hostile & shd be -very glad to know if you see or hear anything to indicate such feeling -towards me. General Wilson would probably know the facts. - -The Austrian Consul here, said to me the other day that he was confident -that Maximilian would not go to Mexico. He is a sensible and well -informed man, and I have confidence in his opinion. I shall send you -by Satds mail _three_ despatches from Europe of recent date. - -Very truly yours, - N. P. BANKS. - M. G. C. -HON. GEO. S. BOUTWELL. - - -As the conclusion of my remarks upon General Banks, I refer to my final -and unexaggerated estimate of General Banks as given in the chapter on -the Legislature of 1849 (Chapter XIV). - -GENERAL SHERMAN, GENERAL SHERIDAN AND GENERAL GRANT. - -The death of General Sherman removed the last member of the triumvirate -of soldiers who achieved the highest distinction in the Civil War. In -the Senate one speaker gave him the highest place, but on the contrary -I cannot rank him above either Grant or Sheridan. When we consider the -vastness of the command with which Grant was entrusted through a period -of more than a year, the magnitude and success of his operations, and -the tenacity with which he prosecuted all his varied undertakings, it -must appear that neither Sherman nor Sheridan was entitled to the -position of a rival. As to Sherman, I can say from a long and intimate -acquaintance with him, and under circumstances when his real feeling -would have been disclosed, that he never assumed an equality with Grant. - -As between Sherman and Sheridan it is not easy to settle the question -of pre-eminence. For myself the test would be this: Assume that Grant -had disappeared during the Battle of the Wilderness, would the fortunes -of the country have been best promoted, probably, by the appointment of -Sherman or Sheridan? I cannot now say what my opinion would have been -in 1864, but I should now have pronounced for Sheridan. He was more -cool and careful in regard to the plan of operations and equally bold -and vigorous in execution. General Grant expressed the opinion to me -in conversation that Sheridan was the best officer in the army. He -spoke of his care and coolness in the preparation of his plans and his -celerity in execution. Of "the younger set of officers" he placed Ames -(Adelbert) as the most promising. - -In one of my last conversations with Sheridan he expressed the opinion -that the improvement in the material of war was so great that nations -could not make war, such would be the destruction of human life. - -Upon his return from Germany at the end of the Franco-Prussian War, he -spoke very disparagingly of the military movements and among several -things he said that the French forces were placed where the Germans -would have dictated had they had the power. He added the either of -our armies at the close of the war could have marched over the country -in defiance of both the French and German forces combined. This was a -rash remark, probably; a remark which he could not justify upon the -facts. Without intending to betray any confidence, the remark, as -coming through me, got into the newspapers. Sheridan with a skill -superior to that of politicians caused the announcement to be made -that General Sheridan had never had any conversation with Governor -Boutwell in regard to the Franco-Prussian war. - -At the end it may be claimed justly, that they were three great -soldiers--that they served the country with equal fidelity--that they -lived and acted without the manifestation in either of a feeling of -rivalry, and that they earned the public gratitude. - -The death of General Sherman was followed to two contradictory -statements from his sons. The younger, Tecumseh, is reported as saying -that his father was never a Catholic, while the older, Thomas, who is -a priest of the Order of Jesuits, had stated over his signature that -his father was baptized as a Catholic, was married as a Catholic, and -that he had heard him say often, "that if there was any true religion -it was the Catholic." - -All this may be true and yet General Sherman may not have been a -Catholic. His baptism may have been without his consent or knowledge, -his marriage by the Catholic Church may have been in deference to his -wife's wishes, and because he was wholly indifferent to the matter, -and the remark may have been made in the impression that there was no -true religion, and that the Catholic was as likely, or even more likely -to be true, than any other. - -The statement made by Thomas puts an imputation upon General Sherman -that he ought not to bear. Of the thousands that one may meet in a -lifetime, General Sherman was among the freest from anything in the -nature of hypocrisy or dissimulation. Of those who knew him intimately -after the close of the war there are but few, probably, who did not -hear him speak with hostility and bitterness of the Catholic Church. -For myself I can say that I heard him speak in terms of contempt of -the church. On one occasion with reference to fasts and abstinence -from meat of Friday, he said: - -"I know better than these priests what I want to eat." - -General Sherman was not a friend to the Catholic Church in the last -years of his life and there is no honor in the attempt to enroll his -name among its devotees now that he is dead and cannot speak for himself. - -SECRETARY WINDOM - -Funeral services were performed February 2, 1891, at the Church of the -Covenant in Washington in honor of Mr. Windom, late Secretary of the -Treasury. He made a good record, if not a distinguished one. As a -member of the House of Representatives and of the Senate he was noted -for fairness, for freedom from bitterness of opinion upon party -questions, and for good sense in action. - -He was indisposed to take responsibility and he went no farther than -the case in hand seemed to require. As the head of the Treasury he was -anxious to gather opinions upon matters of general public interest, and -it was in his nature to strive to accommodate his action to the public -opinion, if he could do so without serious consequences. He worked -within narrow limits, the limits set by business and politics. Of -enemies he had but few--of warm friends but few--the many had confidence -in his integrity in the affairs of government, and in his ability to -guide those affairs in ordinary times. - -JAMES RUSSELL LOWELL - -In a number of the _Edinburgh Review_ is an article on James Russell -Lowell in which the writer errs widely in two particulars as to the -effect of the "Biglow Papers." The writer's name is not given, but -he is not an American and he is ignorant, probably, of America as it -was from 1830 to 1850. When the "Biglow Papers" appeared, I was a -Democrat, and I am quite sure that the publication produced no effect, -not even the least, upon the opinions of Democrats or the action of -the Democratic Party. Upon my knowledge of the Democratic Party I can -say with confidence that the writer is in error when he says: "He -(Lowell) converted many bigoted Northern Democrats to a course of -action in conflict with their old party relations and apparent -interests." - -For this broad statement there is no evidence. The first break came -in 1848 and it was due to rivalries in the Democratic Party. If the -"Biglow Papers" played any part it was too unimportant to produce an -appreciable result. They were treated as a fortunate _jeu d'esprit_ -that everybody enjoyed, but the Democratic Party did not change its -policy nor did it lose adherents. The Mexican War was prosecuted -and bigotry political and religious continued to flourish. They may -have contributed though, insensibly, to a public opinion that became -formidable in the end but the effect was not as perceptible as was -the effect of Garrison's legend that slavery was a covenant with hell -and a league with death, which had its place at the head of the -_Liberator_ through successive years. Nor do I believe that "it -revolutionized the tone of Northern society." Indeed, there is a -"tone" of Northern society that has not been revolutionized to this -day. The South is still the land of gentle birth. The slave-holder -still lives as a man of breeding and the owner of estates. The negro -is still of an inferior caste and in some circles the days of slavery -were the great days of the Republic. When the "Biglow Papers" appeared -Mr. Lowell had not achieved distinction. Society did not know him to -follow him. It cared nothing for what he thought, and it was only -amused by what he said. The Lowell of 1840 was not the Lowell of 1890. -Nor can any series of statements be more untruthful and absurd than -the statements of the writer that "thenceforth it became creditable to -advocate abolition in drawing rooms, and to preach it from fashionable -city pulpits to congregations paying fancy prices for their pews. In -the workshops, the barrooms and other popular resorts the laugh was -turned against the slave-owners; the ground was prepared for the popular -enthusiasm which recruited the armies that exhausted the South, and -Lowell must share with Lincoln and Grant the glory of the crowning -victories." - -If any work of romance contains more fiction in the same space, it is -my fortune not to have seen that work. The circulation of the _Boston -Courier_ in which the papers were printed was very limited. It did not -go into barrooms nor into workshops. It was read chiefly by the -converted and semi-converted abolitionists. As to fashionable pulpits -thenceforth preaching abolition it is to be said that there was only -one leading pulpit, Theodore Parker's pulpit, in which abolitionism was -tolerated until years after the appearance of the "Biglow Papers." As -to society, it is to be said that in the Fifties Charles Sumner, a -Senator, was ostracized for his opinions upon slavery. - -It is nearer the truth to say that what passes for society in New -England never tolerated abolitionists nor encouraged abolitionism. - -The one writing which in an historical point of view contributed most -largely to recruit the armies of the Republic during the Rebellion was -Webster's speech in reply to Hayne. The closing paragraph of the -speech was in the schoolbooks of the free States, and it had been -declaimed from many a schoolhouse stage. - -Lowell deserves credit for what he did. He chose his place early and -firmly on the anti-slavery side, but it is absurd and false to say that -thenceforward and therefor abolitionism became popular and abolitionists -the sought for or the accepted by society. Mr. Lowell was the son of a -Boston Unitarian clergyman. In the Forties he had not gained standing -ground for himself, to omit all thought of his ability to carry an -unpopular cause. - -Indeed, up to the time of the repeal of the Missouri Compromise the -whole array of anti-slavery writers and speakers had not accomplished -the results which the reviewer attributes to the "Biglow Papers." - -Indeed, should there be a signal reform in the fashion and cost of -ladies' dresses it might with equal propriety be attributed to Butler's -poem "Nothing to Wear." - -GENERAL GARFIELD AND GENERAL ROSECRANS - -The statement is revived that General Garfield, when chief of the staff -of General Rosecrans in the campaign which ended at Chickamauga was -false to Rosecrans. The allegation and the fact are that he wrote to -Mr. Chase, then in Mr. Lincoln's Cabinet, that Rosecrans was incompetent -to the command. Garfield's statements, as I recall the letters, were -free from malice and the professional and ethical question is, "Was -Garfield justified as a citizen and soldier, in giving his opinion to -the Administration?" His view of Rosecrans was confirmed by events, and -it may be assumed that the opinion was free from any improper influence -when the letters were written. On this assured basis of facts I cannot -doubt that Garfield did only what was his duty. Neither the President -nor the War Department could obtain specific knowledge of the officers -in command except through associates and subordinates unless they -trusted to newspapers and casual visitors to the army. The struggle -was a desperate one and the volunteer army was composed of men who were -citizens before they were soldiers and they remained citizens when they -became soldiers. Garfield was of the citizen soldiery and to him and -to the country the etiquette of the army and the etiquette of society -were subordinate to the fortunes of the nation. Of General Rosecrans' -unfitness for any important command there can be no doubt. After the -disaster of Chickamauga, Rosecrans was relieved and General Thomas was -put in command and General Grant was ordered to the field. He met -Rosecrans at Nashville where they had an interview. From General Grant -I received the statement that Rosecrans had sound views as to the means -of relieving the army; "And," said General Grant, "my wonder was that -he had not put them in execution." - -This one fact expresses enough of the weak side of Rosecrans as a -military leader to warrant the opinion given to Chase by Garfield, -and that opinion having been formed upon a knowledge of facts and of -Rosecrans as a military man and not from prejudice or rivalry, Garfield -should be honored for his course, rather than condemned. - -GEORGE BANCROFT - -The death of Mr. Bancroft at the age of more than ninety years removes -one of the few men in private life who can be ranked as personages. He -was, perhaps, the only person in private life whose death would have -received a semi-public recognition from any of the rulers of Europe. -Such a recognition was accorded by the Emperor of Germany, and chiefly, -as it is understood, on account of the friendship which existed between -Mr. Bancroft and the grandfather of the present Emperor. - -Mr. Bancroft's long and successful career as a writer and diplomatist -would seem to be evidence of the presence of qualities of a high order, -and yet no one who was near him accepted that opinion. His -conversation was not instructive, certainly not in later years, nor was -he an original thinker upon any subject. He was an enthusiast in -politics in early and middle life, and while his mental faculties -remained unimpaired his interest in political movements was great--and -usually it was in sympathy with the Democratic Party. He was an -adhesive man in politics, capable of appearing to be reconciled to the -success of his opponents and ready to accept favors from them in the -way of office and honors and yet without in fact committing himself -to their policy. - -He was a laborious student, and he had access to standard and in many -particulars to original authorities. At the commencement of his history -he erred in denying with much confidence the claim of the visits of the -Northmen to this continent in the ninth and tenth centuries. - -That early claim seems to be supported by evidence which is nearly, if -not absolutely, conclusive. Of all his chapters that on Washington -was most attractive to me and it is quite the equal of Mr. Everett's -oration, that yielded a large sum of money, that the orator applied to -the purchase of Mount Vernon. Mr. Bancroft aimed to illustrate his -history by an exhibition of philosophy. This feat in literature can -be accomplished successfully only by a great mind. First the events, -then the reasons for or sources of, then the consequences, then the -wisdom or unwisdom of the human agencies that have had part in weaving -the web, are all to be considered. Examples are Gibbon and Buckle. - -GENERAL GRANT AS A MAN AND A FRIEND - -The simplicity of General Grant's nature, his frankness in all his -intercourse with his fellow men, his freedom from duplicity were not -touched unfavorably in any degree by his rapid advancement from the -ordinary pursuits of ordinary men to the highest places in military -and civil life. There was never in his career any ostentatious display -of power, never any exercise of wanton or unnecessary authority. - -He disliked controversy even in conversation, and his reticence when -not in the company of habitual companions and trusted friends was due -in part to his rule of life on this subject. - -From the many years of my acquaintance with General Grant I cannot -recall an instance of a reference to theological opinions upon -controverted topics of faith. - -The humanitarian side of his nature was strong, but it was not -ostentatiously exhibited--indeed it was concealed rather than -proclaimed. It was made known to me by his interest and by his lack of -interest in appointments in the Treasury Department. - -Of salaried places he controlled the appointment of General Pleasanton -as commissioner of internal revenue, and of that only. - -On several occasions he suggested the designation of a person named for -employment in some menial and non-salaried service. The person named -was in every instance the widow or daughter of some soldier of the war. -At intervals, not widely separated, he would bring the subject to my -notice. Thus, without a command, I was forced to follow his suggestion. - -The purity of his conversation might have been a worthy example for the -most carefully trained person in etiquette and morals. My intercourse -with General Grant was intimate through many years, and never on any -occasion did he repeat a story or a phrase that contained a profane -remark or carried a vulgar allusion. He had a relish for untainted wit -and for genial humor, and for humor he had some capacity. He was not -an admirer of Mr. Sumner and a trace of irony may be found in a remark -attributed to him: When some one said: "Mr. Sumner does not believe -in the Bible," General Grant said: "No, I suppose not, he didn't write -it." - -General Grant was attracted by a horse driven by a butcher. He -purchased the animal at the cost of five hundred dollars. He invited -Senator Conkling to a drive behind the new horse. The Senator -criticised the animal, and said: "I think I should prefer the five -hundred dollars to the horse." "That is what the butcher thought," -said General Grant. - -He was sincere and devoted in his friendships, but when he discovered -that his confidence had been misplaced, a reconciliation became -impossible. With him there could be no genuine forgiveness, and his -nature could not tolerate any degree of hypocrisy. All voluntary -intercourse on his part had come to an end. - -There was a time when a demand for my removal from office was made by -some Republican Senators and by the New York _Herald_, to which he gave -no attention. - -The imperturbability of spirit which was indicated in his conversation -and movements was deep-seated in his nature. I was with him in a -night trip to New York; when the train was derailed in part. As the -wheels of the car struck the sleepers, he grasped the back of the seat -in front of him and remained motionless, while many of the passengers -added to their peril by abandoning their seats. - -On a time General Grant received a pair of large roan horses from his -farm in Missouri. He invited me to take one of the horses and join him -in a ride on the saddle. I declined the invitation. I was then invited -to take a seat with him in an open wagon. When we were descending a -slight declivity one of the horses laid his weight on the pole and -broke it, although the parts did not separate. General Grant placed -his foot upon the wheel, thus making a brake and saving us from a -disaster. General Grant's faculties were at command on the instant -and under all circumstances. - -When the Ku Klux organizations were active in the South, the President -gave members of Congress to understand that he would send a message -with a recommendation for punitive legislation. Upon reflection he -came to doubt the wisdom of the measure, especially as the use of the -military forces at New Orleans and elsewhere had been criticised in the -country. While the subject was thus undisposed of, I received a -message from the President which ended with a request that I should -accompany him to the Capitol. On the way he informed me that he -doubted the wisdom of a message and that he intended to so inform those -to whom he had given encouragement. At the interview which followed -several members who were present urged adherence to the original policy. -While the discussion was going on, the President returned to his -original opinion and wrote a message which was transmitted to the -Congress after one or two verbal changes that may have been suggested by -Secretary Fish or Secretary Robeson. - -General Grant's sense of justice was exact and he did not spare himself -in his criticism. He said to me in conversation, what is indicated in -his Memoirs, that he assumed some responsibility upon himself for the -removal of General Warren at Five Forks. He had known that General -Warren was disqualified by natural defects from command in the field, -and hence that it was an error on his part that he had not assigned -Warren to duty at a station. - -Again he said to me that his final campaign against Vicksburg was the -only one of his campaigns that he could not criticise adversely when -tested by reflection and experience. - -During my term of service an appointment of some importance was made by -the collector of New York. The appointment was approved by me. In the -meantime some opponents of the appointee approached the President. Upon -his suggestion the appointment was suspended. After a delay I received -a letter from the President dated June 28th, 1869, in which he says: -"If it should still be the pleasure of Mr. Grinnell to confer the -appointment before tendered, let it be so, so far as I am concerned. -I am not willing knowingly to do anyone injustice as I now am led to -believe I may have done in the case of General Egan." - -In the month of December, 1884, there were paragraphs in the newspapers -which justified the apprehension that General Grant was suffering from -a cancer. In the late days of the month, I called upon him at his -house in New York. He was then in good health, apparently. I found -him in his library engaged in the preparation of articles for the -_Century Magazine_. In the days of our more intimate acquaintance he -had said to me that it was his purpose to leave the history of his -campaigns to others. He referred to that remark and said that his -financial embarrassments had forced him to change his purpose. As I -was about to leave, he referred to a difficulty in his throat that he -had noticed for about six months. He expressed the fear that he had -neglected it too long. I avoided any serious remark in reply. Soon -after my return to Groton my daughter received a letter from him, which, -in photographic copy, I here give. It contains his parting words to -me and my family. It is a precious souvenir of my acquaintance and -service with a man who was great and good above any estimate that the -world has placed upon him. - -I called upon him in the month of June. He rose to receive me. His -power of speech was much impaired, and our interview was brief. The -final parting was a sad event to me. - -[Facsimile] -New York City, -January 3d, 1884; - -My dear Miss Boutwell: - -Many thanks for your New Year welcome, just received. There is no -family that I have ever known whose friendship I prize more highly than -that of your father. I wish for him and his family many returns of -new years, and that all of them may find him and his in the enjoyment -of good health and peace of mind. - -Very truly yours, -U. S. Grant - - -GRANT AS A SOLDIER* - -When General Grant came before the public, and into a position that -compelled notice, he was called to meet a difficulty that his -predecessor in the office of President had encountered and overcome -successfully. - -An opinion existed in the cultivated classes, an opinion that was -especially local in the East, that a great place could not be filled -wisely and honorably, unless the occupant had had the benefit of a -university training. - -Of such training Mr. Lincoln was destitute, utterly, and the training -which General Grant had received at West Point, where it was his -fortune to attain only to advanced standing in the lower half of his -class, was at the best the training thought to be necessary for the -vocation of a soldier. That minority of critics overlooked the fact -that the world had set the seal of its favorable judgment upon -Cromwell, Washington, Franklin, Napoleon, Hamilton and others who had -not the advantages of university training. Napoleon in a military -school and Hamilton in Columbia College for the term of a year, more -or less, did not rank among university men. - -That minority of critics did not realize the fact that colleges and -universities cannot make great men. Great men are independent of -colleges and universities. In truth, a really great man is supreme -over college and universities. - -Lincoln was such a man in speech, in power of argument, in practical -wisdom, by which he was enabled to act fearlessly and with success in -the great affairs of administration. - -Such a man was General Grant on the military side of his career. With -great military capacity, he was destitute of the military spirit. -During the period of his retirement from the army after the close of -the Mexican War he gave no attention to military affairs. When he came -to Washington in 1865 as General of the Army, he was not the owner of a -work on war nor on the military art or science. - -His military capacity was an endowment. It might have been impaired or -crippled by the training of a university; but it is doubtful whether it -could have been improved thereby, and it is certain that it was, in -its quality, quite outside of the possibilities of university training. - -As General Grant approached the end of his career the voice of the -critics, who judged men by the testimony of college catalogues and the -decorations of learned societies, was heard less frequently; and his -death, followed by the publication of his memoirs, written when the -hand of death was upon him, silenced the literary critics at once and -forever. - -Since the month of July, 1885, there has appeared on the other side of -the Atlantic a set of military critics, of whom General Wolseley, -Commander of the British Army, must be treated as the chief, who deny -to General Grant the possession of superior military qualities, and who -assert that General Lee was his superior in the contest which they -carried on from February, 1864, to April, 1865. On this side of the -Atlantic there is toleration, if not active and open support of General -Wolseley's opinion. - -General Wolseley is entitled to an opinion and to the expression of his -opinion; but his authority cannot be admitted. On the practical side -of military affairs his experience is a limited experience only. - -It is not known that General Wolseley ever, in any capacity, engaged in -any battle that can be named in comparison with the battles of the -Wilderness, with Spottsylvania, with Cold Harbor, or the battle of Five -Forks; and it is certain that it was never his fortune to put one -hundred thousand men, or even fifty thousand men, into the wage of -battle and thus assume the responsibility of the contest. - -It was never the necessity of the situation that General Lee should -assume the offensive, and in the two instances where he did assume the -offensive his campaigns were failures; and can any one doubt that if -General Grant had been in command either at Antietam or Gettysburg, the -war would than have come to an end of the left bank of the Potomac -River by the capture of Lee's army? If this be so, then Lee's -undertaking was a hazard for which there could have been no justifying -reason, and his escape from destruction was due to the inadequacy of the -men in command of the Northern armies. Following this remark I ought to -say that General Meade was a brave and patriotic officer, but he lacked -the qualities which enable a man to act promptly and wisely in great -exigencies. While General Lee was acting on the defensive did he -engage in and successfully execute any strategic movement that can be -compared with Grant's campaign of May, 1863, through Mississippi and to -the rear of Vicksburg? Or can General Wolseley cite an instance of -individual genius and power more conspicuous than the relief of our -besieged army at Chattanooga, the capture of six thousand prisoners, -forty pieces of artillery, seven thousand stands of small arms and -large quantities of other material of war? - -During the period of reconstruction Alexander H. Stephens was examined -by the Committee on the Judiciary of the House of Representatives as to -the condition and purposes of the South. When the examination was over -I asked him when he came to the conclusion that the South was to be -defeated. He said: "In the year 1862." I then said: "In that year -you had your successes. What were the grounds of your conclusions?" -In reply he said: "It was then that I first realized that the North -was putting its whole force into the contest, and I knew that in such -a contest we were to be destroyed." - -If I were to imagine a reason, or to suggest an excuse for General Lee's -two unsuccessful aggressive campaigns, I should assume that, -simultaneously with Mr. Stephens, he had reached the conclusion that -time was on the side of the North, and that the Fabian policy must fail -in the end. - -In an aggressive movement there was one chance of success. A victory -and capture of Philadelphia, Baltimore and Washington might lead to an -arrangement by which the Confederacy would be recognized, or a -restoration of the Union secured upon a basis acceptable to the South. -A desperate undertaking, no doubt, but it is difficult to suggest a -more adequate reason for the conduct of General Lee. - -I cannot, as a civilian, assume to give a judgment which shall be -accepted by any one, upon the relative standing of military men; but I -cannot accept, without question, the decision of a military man who -never won a great victory in a great battle, upon a chieftain who -fought many great battles and never lost one. - -I end my observations upon General Grant as a soldier by the relation -of an incident in my acquaintance with General Sherman, which was -intimate during the four years that I was at the head of the Treasury -Department. - -It was my custom in those years to spend evenings at General Sherman's, -where we indulged ourselves in conversation and in the enjoyment of the -game of billiards. Our conversations were chiefly upon the war. In -those conversations General Grant's name and doings were the topics -often. General Sherman never instituted a comparison between General -Grant and any one else, nor did he ever express an opinion of General -Grant as a military leader; but his conversation always assumed that -General Grant was superior to every other officer, himself, General -Sherman, included. - -In concurrence with the opinion of General Sherman the friends of -General Grant may call an array of witnesses who, both from numbers and -character, are entitled to large confidence. - -During the four years of the Civil War more than two million men served -in the Northern Army. Many of them, more than a majority of them, -probably, served for at least three years each. With an unanimity that -was never disturbed by an audible voice of dissent, the two million -veterans gave to General Grant supremacy over all the other officers -under whom they had served. With like unanimity the chief officers of -the army assigned the first place to General Grant, and never in any -other war of modern times has there been equal opportunity for the -applications of a satisfactory test to leaders. In all the wars which -England has been engaged since the fall of Napoleon, except, possibly, -the Crimean War, the opposing forces have been composed of inferior -races of men. The fields of contest have been in India, Egypt and South -Africa. From such contests no satisfactory opinion can be formed as to -the qualities of the leaders of the victorious forces. - -In our Civil War the men and the officers were of the same race in the -main, and the educated officers had been alike trained at West Point. -Except in numbers, the armies of the North and the South were upon an -equality, and in all the great contests, the numbers engaged were -equal substantially. The quality of the man and officers may be gauged -and measured with accuracy from the fact that at Shiloh, in the -Wilderness and at Gettysburg the same fields were contested for two -and three continuous days. It has been said of Mr. Adams that when an -English sympathizer with the South lauded the bravery of the Southern -Army, Mr. Adams replied: "Yes, they are brave men; they are my country- -men." - -The Southern Army was composed of brave men and its officers were -qualified by training and experience to command any army and to contest -for supremacy on any field. - -My readers should not assume that I have avoided a discussion of the -characteristics of General Grant in his personality and as a civil -magistrate. - -The voice of those who in 1872 denied his ability and questioned his -integrity is no longer heard; but there are those at home and abroad -who either teach or accept the notion that General Grant has become -great historically by having been the favorite of fortune. - -[* From the New York _Independent_.] - - -XL -BLAINE AND CONKLING AND THE REPUBLICAN CONVENTION OF 1880 - -The controversy between Mr. Blaine and Mr. Conkling on the floor of the -House of Representatives in the Thirty-ninth Congress was fraught with -serious consequences to the contestants, and it may have changed the -fortunes of the Republican Party. - -Mr. Conkling was a member of the Thirty-seventh Congress, but he was -defeated as a candidate for the Thirty-eighth. He was returned for the -Thirty-ninth Congress. During the term of the Thirty-eighth Congress -he was commissioned by the Department of War as judge-advocate, and -assigned for duty to the prosecution of Major Haddock and the trial of -certain soldiers known as "bounty jumpers." That duty he performed. - -When the army bill was before the House in April, 1866, Mr. Conkling -moved to strike out the section which made an appropriation for the -support of the provost-marshal general. General Grant, then in -command of the army, had given an opinion, in a letter dated March 19, -1866, that that office in the War Department was an unnecessary office. -Mr. Conkling supported his motion in a speech in which he said: "My -objection to this section is that is creates an unnecessary office for -an undeserving public servant; it fastens, as an incubus upon the -country, a hateful instrument of war, which deserves no place in a free -government in a time of peace." - -Thus Mr. Conkling not only assailed the office, he assailed the officer, -and in a manner calculated to kindle resentment, especially in an -officer of high rank. General James B. Fry was provost-marshal-general. -He was able to command the friendship of Mr. Blaine, and on the -thirtieth day of April, Mr. Blaine read from his seat in the House a -letter from General Fry addressed to himself. Thus Mr. Blaine endorsed -the contents of the letter. - -In that letter General Fry made three specific charges against Mr. -Conkling, but he made no answer to the arraignment that Mr. Conkling -had made of him and his office. Thus he avoided the issue that Mr. -Conkling had raised. His charges were these: - -1. That Mr. Conkling had received a fee for the prosecution of Major -Haddock, and that the same had been received improperly, if not -illegally. - -2. That in the discharge of his duties he had not acted in good faith, -and that he had been zealous in preventing the prosecution of deserters -at Utica. - -3. That he had notified the War Department that the Provost-Marshal in -Western New York needed legal advice, and that thereupon he received -an appointment. - -The fourth charge was an inference, and it fell with the allegation. - -Upon the reading of the letter a debate arose which fell below any -recognized standard of Congressional controversy and which rendered a -reconciliation impossible. - -At that time my relations to Mr. Conkling were not intimate, and I am -now puzzled when I ask myself the question: "Why did Mr. Conkling -invite my opinion as to his further action in the matter?" That he did, -however; and I advised him to ask for a committee. A committee of five -was appointed, three Republicans and two Democrats. Mr. Shellabarger -was chairman, and Mr. Windom was a member. - -The report was a unanimous report. The committee criticised the -practice of reading letters in the House, which reflected upon the -House, or upon the acts or speeches of any member. - -At considerable length of statement and remarks, the committee -exonerated Mr. Conkling from each and every one of the charges, and, -with emphasis, the proceedings on the part of General Fry were -condemned. The most important of the resolutions reported by the -committee was in these words: - -_Resolved,_ That all the statements contained in the letter of General -James B. Fry to Hon. James G. Blaine, a member of this House, bearing -date the 27th of April, A. D. 1866, and which was read in this House -the 30th day of April, A. D. 1866, in so far as such statements impute -to the Hon. Roscoe Conkling, a member of this House, any criminal, -illegal, unpatriotic, or otherwise improper conduct, or motives, either -as to the matter of his procuring himself to be employed by the -Government of the United States in the prosecution of military offences -in the State of New York, in the management of such prosecutions, in -taking compensation therefor, or in any other charge, are wholly without -foundation truth, and for their publication there were, in the judgment -of the House, no facts connected with said prosecutions furnishing -either a palliative or an excuse. - - -The controversy thus opened came to an end only with Mr. Conkling's -death. It is not known to me that Mr. Conkling and Mr. Blaine were -unfriendly previous to the encounter of April, 1866. That they could -have lived on terms of intimacy, or even of ordinary friendship, is not -probable. Yet it may not be easy to assign a reason for such an -estrangement unless it may be found in the word incompatibility. My -relations with Mr. Blaine were friendly, reserved, and as to his -aspirations for the Presidency, it was well understood by him that I -could not be counted among his original supporters. - -Only on one occasion was the subject ever mentioned. About two weeks -before the Republican Convention of 1884, I met Mr. Blaine in Lafayette -Square. He beckoned me to a seat on a bench. He opened the -conversation by saying that he was glad to have some votes in the -convention, but that he did not wish for the nomination. He expressed -a wish to defeat the nomination of President Arthur, and he then said -the ticket should be General Sherman and Robert Lincoln. Most -assuredly the nomination of that ticket would have been followed by an -election. To me General Sherman had one answer to the suggestion: -"I am not a statesman; my brother John is. If any Sherman is to be -nominated, he is the man." - -I did not then question, nor do I now question, the sincerity of the -statement that Mr. Blaine then made. My acquaintance with Mr. Blaine -began with our election to the Thirty-eighth Congress, and it continued -on terms of reserved friendship to the end of his life. That reserve -was not due to any defect in his character of which I had knowledge, -nor to the statements concerning him that were made by others, but to -an opinion that he was not a person whose candidacy I was willing to -espouse in advance of his nomination. I ought to say that in my -intercourse with Mr. Blaine he was frank and free from dissimulation. - -I was on terms of intimacy with Mr. Conkling from the disastrous April, -1866, to the end of his life. Hence it was that I ventured upon an -experiment which a less well-assured friend would have avoided. I -assumed that Mr. Blaine would close the controversy at the first -opportunity. It may be said of Mr. Blaine that, while he had great -facility for getting into difficulties, he had also a strong desire to -get out of difficulties, and great capacity for the accomplishment of -his purposes in that direction. - -On a time, and years previous to 1880, I put the matter before Mr. -Conkling, briefly, upon personal grounds, and upon public grounds in -a party sense. He received the suggestion without any manifestation -of feeling, and with great candor he said: "That attack was made -without any provocation by me as against Mr. Blaine, and when I was -suffering more from other causes than I ever suffered at any other time, -and I shall never overlook it." - -General Grant's strength was so overmastering in 1868 and 1872 that -the controversy between Blaine and Conkling was of no importance to the -Republican Party. The disappearance of the political influence of -General Grant in 1876 revived the controversy within the Republican -Party, and made the nomination of either Blaine or Conkling an -impossibility. Its evil influence extended to the election, and it put -in jeopardy the success of General Hayes. At the end, Mr. Conkling -did not accept the judgment of the Electoral Commission as a just -judgment, and he declined to vote for its affirmation. - -I urged Mr. Conkling to sustain the action of the commission, and upon -the ground that we had taken full responsibility when we agreed to the -reference and that there was then no alternative open to us. I did not -attempt to solve the problem of the election of 1876 either upon ethical -or political grounds. The evidence was more conclusive than -satisfactory that there had been wrong-doing in New York, in Oregon, -in New Orleans, and not unlikely in many other places. As a measure of -peace, when ascertained justice had become an impossibility, I was -ready to accept the report of the commission, whether it gave the -Presidency to General Hayes or to Mr. Tilden. The circumstances were -such that success before the commission did not promise any -advantage to the successful party. - -For the moment, I pass by the Convention of 1880 and the events of the -following year. In the year 1884 Mr. Conkling was in the practice of -his profession and enjoying therefrom larger emoluments, through a -series of years, than ever were enjoyed by any other member of the -American bar. He once said to me: "My father would denounce me if -he knew what charges I am making." That conjecture may have been well -founded, for the father would not have been the outcome of the period -in which the son was living. The father was an austere county judge, -largely destitute of the rich equipment for the profession for which -the son was distinguished. After the year 1881, when Mr. Conkling -gave himself wholly to the profession, Mr. Justice Miller made this -remark to me: "For the discussion of the law and the facts of a case -Mr. Conkling is the best lawyer who comes into our court." - -If this estimate was trustworthy, then Mr. Conkling's misgivings as to -his charges may have been groundless. If a rich man, whose property is -put in peril, whose liberty is assailed, or whose reputation is -threatened, will seek the advice and aid of the leading advocate of the -city, state, or country, shall not the compensation be commensurate -with the stake that has been set up? Is it to be measured by the -_per diem_ time pay of ordinary men? - -Whatever may have been Mr. Conkling's pecuniary interests or -professional engagements in the year 1884, he found time to take a quiet -part in the contest of that year, and to contribute to Mr. Blaine's -defeat. - -In the month of November, and after the election, I had occasion to pass -a Sunday in New York. It happened, and by accident, that I met Mr. -Conkling on Fifth Avenue. After the formalities, he invited me to call -with him upon Mr. William K. Vanderbilt. Mr. Vanderbilt was absent -when we called. Upon his return, the election was the topic of -conversation. Mr. Vanderbilt said that he voted for Garfield in 1880, -but that he had not voted for Blaine. Mr. Conkling expressed his -regret that Mr. Blaine had come so near a success, and he attributed it -to the fact that he had not anticipated the support which had been -given to Blaine by the Democratic Party. - -On a time in the conversation Mr. Conkling said: "Mr. Vanderbilt, why -did you sell Maud S.?" - -Mr. Vanderbilt proceeded to give reasons. He had received letters from -strangers inquiring about her pedigree, care, age, treatment, etc., -which he could not answer without more labor than he was willing to -perform. As a final reason, he said: "When I drive up Broadway, people -do not say, 'There goes Vanderbilt,' but they say, 'There goes Maud S.'" - -When General Grant was on his journey around the world I wrote him a -letter occasionally, and occasionally I received a letter in reply. In -two of my letters I mentioned as a fact what I then thought to be the -truth, that there was a very considerable public opinion in favor of -his nomination for President in 1880, and that upon his return to the -country some definite action on his part might be required. Upon a -recent examination of his letters, I find that they are free from any -reference to the Presidency. If Mr. Conkling, General Logan, Mr. -Cameron, and myself came to be considered the special representatives -of General Grant at the Chicago Convention of 1880, the circumstance was -not due to any designation by him prior to the Galena letter, of which -I am to speak and which was written while the convention was in session, -and when the contest between the contending parties was far advanced. - -Our title was derived from the constant support that we had given him -through many years and from his constant friendship for us through the -same many years. We were of the opinion then, and in that belief we -never faltered, that the nomination and election of General Grant were -the best security that could be had for the peace and prosperity of -the country. That opinion was supported by an expressed public -sentiment in the conventions of New York, Pennsylvania, and Illinois, -and in other parts of the country there were evidences of a disposition -in the body of the people to support General Grant in numbers far in -excess of the strength of the Republican Party. - -The mass of the people were not disturbed by the thought that General -Grant might become President a third time. They did not accept the -absurd notion that experience, successful experience, disqualified a -man for further service. Nor did that apprehension influence any -considerable number of the leaders. They demanded a transfer of power -into new hands. This, unquestionably, was their right, and as a -majority of the convention, as the convention was constituted finally, -they were able to assert and to maintain their supremacy. - -It is too late for complaints, and complaints were vain when the causes -were transpiring, but there were delegates who appeared in the -convention as opponents of General Grant who had been elected upon the -understanding that they were his friends. Upon this fact I hang a -single observation. If there is a trust in human affairs that should be -treated as a sacred trust it is to be found in the duty that arises -from the acceptance of a representative office in matters of government. -When a public opinion has been formed, either in regard to men or to -measures, whoever undertakes to represent that opinion should do so in -good faith. - -To this rule there were many exceptions in the Republican Convention of -1880, and it was no slight evidence of devotion to the party and to the -country when General Grant and Mr. Conkling entered actively into the -contest after the fortunes of the party had been prostrated, apparently, -by the disaster in the State of Maine. - -Of the many incidents of the convention no one is more worthy of notice -than the speech of Mr. Conkling when he placed General Grant in -nomination. Whatever he said that was in support of his cause, -affirmatively, was of the highest order of dramatic eloquence. When he -dealt with his opponents, his speech was not advanced in quality and its -influence was diminished. His reference in his opening sentence to his -associates who had deserted General Grant: "In obedience to -instructions which I should never dare to disregard," was tolerated even -by his enemies; but his allusion to Mr. Blaine in these words: "without -patronage, without emissaries, without committees, without bureaus, -without telegraph wires running from his house to this convention, or -running from his house anywhere," intensified the opposition to General -Grant. - -In many particulars his speech is an unequaled analysis of General -Grant's character and career, presented in a most attractive form. An -extract may be tolerated from a speech that can be read with interest -even by those who are ignorant of the doings, or it may be, by those -who have no knowledge of the existence, of the convention: - -"Standing on the highest eminence of human distinction, modest, firm, -simple, and self-poised, having filled all lands with his renown, he -has seen not only the high-born and the titled, but the poor and the -lowly, in the uttermost ends of the earth, rise and uncover before him." - -Mr. Conkling was the recognized leader of the three hundred and six who -constituted the compact body of the supporters of General Grant. - -Suggestions were made that the substitution of Mr. Conkling's name for -General Grant's name would give the nomination to Mr. Conkling, and -there was a moment of time when General Garfield anticipated or -apprehended such a result. There was, however, never a moment of time -when such a result was possible. The three hundred and six would never -have consented to the use of any name in place of General Grant's name -unless General Grant's name were first withdrawn by his authority. - -A firmer obstacle even would have been found in Mr. Conkling's sturdy -refusal to allow the use of his name under such circumstances. Among -the friends of General Grant the thought of such a proceeding was never -entertained, although the suggestion was made, but without authority, -probably, from those charged with the management of the organizations -engaged in the struggle. - -After many years had passed, and the proceedings of the convention were -well-nigh forgotten, Mr. John Russell Young printed a letter in which he -made the charge that Conkling, Cameron, Boutwell, and Lincoln had -concealed the contents of a letter from General Grant in which he -directed them as his representatives to withdraw his name from the -convention. Mr. Young was in error in two particulars. Lincoln was not -named in the letter. General Logan was the fourth person to whom the -letter was addressed. - -Young brought the letter from Galena, where Grant then was, and he -claims that the letter was addressed to himself. General Frederick D. -Grant, who was then at Chicago, claims that the letter was addressed to -him, and that, after reading it, he handed it to Mr. Conkling. - -As late as the first half of the year 1897, Mr. Conkling's papers had -not been examined carefully. The contents of the letter are important, -and for the present the evidence is circumstantial; but to me it is -conclusive against Mr. Young's statement that Conkling, Cameron, Logan, -and Boutwell were directed by General Grant to withdraw his name from -the convention. I cannot now say that I read the letter, but of its -receipt and the contents I had full knowledge, and I referred to it -in these words in a letter to my daughter dated May 31, 1880: - -"Grant sent for Young to visit him at Galena. Young returned to-day, -and says that Grant directed him to say to Cameron, Logan, Conkling, -and Boutwell that he should be satisfied with whatever they may do." - -Without any special recollection upon the point, the conclusion of -reason is that my letter was written from a conversation with Young, -and before I had knowledge of the contents of Grant's letter. I may -add, however, that his letter produced no change in my opinion as to -our authority and duty in regard to Grant's candidacy. My mind never -departed for a moment from the idea that we were free, entirely free, -to continue the contest in behalf of General Grant upon our own judgment. - -Upon the views and facts already presented and with even greater -certainty upon the correspondence with General Frederick D. Grant, -I submit as the necessary conclusion of the whole matter that the letter -of General Grant of May, 1880, did not contain any specific -instructions, and especially that it did not contain instructions for -the withdrawal of his name from the convention; in fine, that the -further conduct of the contest was left to the discretion and judgment -of the four men whom he had recognized as his representatives. - -I annex the correspondence with General Frederick D. Grant: - -BOSTON, MASS., _May_ 28, 1897. -COL. FRED. D. GRANT, NEW YORK, N. Y. - -_Dear Sir:_ You will of course recall the fact that John Russell Young, -some months ago, made a public statement in which he declared that he -brought from Galena to Chicago, during the session of the Republican -Convention of 1880, a letter from General Grant in which he gave -specific directions to Conkling, Cameron, and Boutwell to withdraw his -name as a candidate from the convention. Some months ago I had some -correspondence with A. R. Conkling, and also with yourself, in regard -to the contents of the letter written by General Grant. Mr. A. R. -Conkling sent me a copy of a portion of a letter which, as he advised -me, he had received from you. A copy of that extract I herewith -enclose. As one of the friends of General Grant and as one of the -persons to whom bad faith was imputed by Mr. Young, it is my purpose to -place the matter before the public with such evidence as I can -command, for the purpose of showing the character of the letter. - -I wish to obtain from you such a statement as you are willing to make, -with the understanding that whenever the case shall be presented to the -public your letter may be used. - -Aside from actual evidence tending to show that Young's statement is -erroneous, I cannot believe that General Grant would have recognized -as a friend either one of the persons named, if his explicit -instructions for the withdrawal of his name had been made by him and -disregarded by them. - -Yours very truly, - GEO S. BOUTWELL. - - -25 EAST 62D STREET, -NEW YORK, _May_ 30, 1897. - -_My Dear Senator:_ I received yesterday your letter of May 28th, in -which you asked me what I remember about a letter which my father, -General Grant, wrote to his four leading friends during the session of -the Republican National Convention at Chicago in 1880. - -With reference to this matter my recollection is, that Mr. John Russell -Young, who had been visiting father in Galena, brought from him a -large sealed envelope, which he delivered to me at my home in Chicago, -with directions from my father that I should read the letter contained -therein, and then see that it was received safely by his four friends, -Senators Conkling, Boutwell, Cameron, and Logan. - -The substance of General Grant's letter was, that the personal feelings -of partisans of the leading candidates had grown to be so bitter, that -it might become advisable for the good of the Republican Party to -select as their candidate some one whose name had not yet been -prominently before the convention, and that he therefore wrote to say -to those who represented his interest in the convention, that it would -be quite satisfactory to him if they would confer with those who -represented the interests of Mr. Blaine and decided to have both his -name and Mr. Blaine's withdrawn from before the convention. - -I delivered in person this letter from my father, to Senator Conkling-- -I do not know what disposition he made of it. - -With highest regards, my dear Senator, for your family and yourself, -believe me, as ever, - -Faithfully yours, -FREDERICK D. GRANT. - - -Following the visit of General Grant and Mr. Conkling to Mentor in the -autumn of 1880, I was informed by Mr. Conkling that he had not been -alone one minute with General Garfield, intending by that care-taking -to avoid the suggestion that his visit was designed to afford an -opportunity for any personal or party arrangement. Further, it was the -wish of General Grant, as it was his wish, that the effort which they -were then making should be treated as a service due to the party and to -the country, and that General Garfield should be left free from any -obligation to them whatsoever. - -After the election and after Mr. Blaine became Secretary of State, he -volunteered to speak of the situation of the party in New York and of -Mr. Conkling's standing in the State. Among other things, he said that -Mr. Conkling was the only man who had had three elections to the Senate, -and that Mr. Conkling and his friends would be considered fairly in -the appointments that might be made in that State. - -When in a conversation with Conkling, I mentioned Blaine's remark, he -said, "Do you believe one word of that?" - -I said, "Yes, I believe Mr. Blaine." - -He said with emphasis, "I don't." - -Subsequent events strengthened Mr. Conkling in his opinion, but those -events did not change my opinion of Mr. Blaine's integrity of purpose -in the conversations of which I have spoken. - -My knowledge of the events, not important in themselves, but which -seem to have the relation of a prelude to the great tragedy, was -derived from three persons, Mr. Conkling, Mr. Blaine, and Mr. Marshall -Jewell. At the request of the President, Mr. Conkling called upon him -the Sunday preceding the day of catastrophe. The President gave Mr. -Conkling the names of persons that he was considering favorably for -certain places. To several of these Mr. Conkling made objections, and -in some cases other persons were named. As Mr. Conkling was leaving -he said, "Mr. President, what do you propose about the collectorship -of New York?" The President said, "We will leave that for another -time." These statements I received from Mr. Conkling. - -From Mr. Jewell I received the following statement as coming from the -President: When the New York nominations were sent to the Senate, the -President was forthwith in the receipt of letters and despatches in -protest, coupled with the suggestion that everything had been -surrendered to Conkling. Without delay and without consultation with -any one, the President nominated Judge Robertson to the office of -collector of New York. Further, the President said, as reported by Mr. -Jewell, Mr. Blaine heard of the nomination, and he came in very pale -and much astonished. - -From Mr. Blaine I received the specific statement that he had no -knowledge of the nomination of Judge Robertson until it had been made. - -These statements are reconcilable with each other, and they place the -responsibility for the sudden and fatal rupture of the relations -between Mr. Conkling and the President upon the President. Mr. Conkling -could not fail to regard the nomination of Robertson as a wilful and -premeditated violation of the pledge given at the Sunday conference. -It was, however, only an instance of General Garfield's impulsive and -unreasoning submission to an expression of public opinion, without -waiting for evidence of the nature and value of that opinion. That -weakness had been observed by his associates in the House of -Representatives, and on that weakness his administration was wrecked. - -Mr. Conkling was much misrepresented and of course he was much -misunderstood. As a Senator from New York he claimed a right to be -consulted in regard to the principal appointments in the State. His -recommendations were few and they were made with great care. He -confined himself to the chief appointments. It was quite difficult -to secure his name or his favorable word in behalf of applicants for -the subordinate places. - -In my experience with him, which was considerable in the Internal -Revenue Office and in the Treasury, I found him ready to concede to -the opinions of the Executive Department. He was one of those who -held to the opinion that it was the duty of Representatives and Senators -to give advice in regard to appointments and to give it upon their -responsibility as members of the Government. Senators and -Representatives are not officers of the Government, they are members -of the Government, and the duty of giving aid to the administration -rests upon them. - -When a man is chosen to represent a State or a district, a presumption -should arise that he will act for the good of the country to the best -of his ability. Advice in regard to appointments is a part of his -duty, and in the main the Senators and Representatives are worthy of -confidence. The present Civil Service system rests upon the theory that -they are not to be trusted and that three men without a constituency -are safer custodians of power. - -Upon the death of Garfield and the accession of Arthur, Mr. Conkling -looked for one thing, and one thing only--the removal of Robertson. -When this was not done he separated from Arthur. I have no knowledge -of the reasons which governed the President, but I think his career -would have been more agreeable to himself if he had so far vindicated -his own course and the course of his friends as to have removed from -office the man who had contributed so largely to the defeat of the wing -of the Republican Party with which Mr. Arthur was identified. - -When General Garfield died, the Republican Party was broken, and it -seemed to be without hope. President Arthur's conciliatory policy did -much to restore harmony of all the elements except the wing represented -by Mr. Conkling. - -It is probable, however, that a better result might have been secured by -the early removal of Robertson. That course of action would have been -satisfactory to Conkling, and given strength to the party in New York, -where strength was most needed. With Mr. Conkling's aid in 1884, Mr. -Arthur might have been nominated, and if nominated it is probable that -he might have been elected with Mr. Conkling's aid. Arthur's error was -that he offended two important factions of the party. By retaining -Robertson he alienated Conkling, and by the removal of Blaine he -alienated him and his friends. Hence in 1884 two elements of the party -that were bitterly opposed to each other harmonized in their opposition -to Arthur. - - -XLI -FROM 1875 TO 1895 - -THE HAWAIIAN TREATY AND RECIPROCITY - -In January, 1875, Mr. Fish negotiated a treaty with the representatives -of the Hawaiian Islands by which there was to be a free exchange of -specified products and manufactures. - -By the fourth article the King agreed not to dispose of any port or -harbor in his dominions or create a lien thereon in favor of any other -government. When the treaty came to the Senate it had no original -friends, and it met with determined opposition, especially from Sherman -of Ohio, and Morrill and Edmunds of Vermont. The reciprocity feature -annoyed them, they fearing that it might be used as a precedent for -reciprocity with Canada. - -I was early impressed with the importance of securing a foothold in the -islands and I considered the exclusion of other nations as a step in -the right direction. The trustworthy estimates showed that the -reciprocity feature would work a loss to the Treasury of the United -States of more than half a million dollars a year. This the supporters -of the treaty were compelled to admit, but after argument the requisite -majority ratified the treaty and upon the theory that the political, -naval and commercial advantages were an adequate compensation. Upon the -renewal of the treaty the King ceded Pearl River Harbor to the United -States. After the expiration of the fixed period of seven years during -which the two nations were bound mutually, there was a class of men who -were anxious to abrogate the treaty, and at each session of Congress -for several years a proposition was introduced for that purpose. By -something of argument and something of art, the scheme was defeated. -The opposition, led usually by Holman, of Indiana, consisted largely of -Democrats. Their reason was loss of revenue. That fact was always -admitted by the friends of the treaty. It was claimed also that there -was no advantage gained by the country from the introduction of rice -and sugar from the islands duty-free. It was asserted by the -combinations the prices were as high on the Pacific Coast as on the -Atlantic. On the other hand the Louisiana sugar planters opposed the -treaty on the ground that they were unfavorably affected. As the -importations from the islands never exceeded four per cent of the -consumption of the country, the treaty had no perceptible effect upon -prices. The sugar and rice interests were reinforced by the delegations -from Michigan, Ohio and Vermont, who opposed the treaty under an -apprehension that it would operate as a precedent for a revival of the -system of reciprocity with Canada. - -The fact of the annexation of Canada to the United States, whether the -event shall occur in a time near or be postponed to a time remote, -depends probably on our action upon the subject of reciprocity. - -Canada needs our markets and our facilities for ocean transportation, -and, as long as these advantages are denied to her, she can never attain -to a high degree of prosperity. England may furnish capital for -railways, but railways are profitable only where there is business and -production on the one hand, and markets on the other. The system of -qualified intercourse tends to make the Canadian farmer dissatisfied -with his condition, and as long as there are cheap lands in the United -States he will find relief in emigration. - -The time, however, is not far distant, when the Canadian farmer will be -unable to sell his lands in the Dominion and with the proceeds purchase -a home in the States. When that time arrives he will favor annexation -as a means of raising his own possessions to a value corresponding to -the value of land in the States. The body of farmers, laborers, and -trading people will favor annexation, ultimately, should the policy of -non-intercourse be adhered to on our part, and they will outnumber the -office-holding class, and thus the union of the two countries will be -secured. It is apparent also that a policy of free intercourse would -postpone annexation for a long time, if not indefinitely. Give to the -Canadian farmer and fisherman free access to our markets and there will -remain only a political motive in favor of annexation. The English -government is pursuing a liberal policy in its dealings with the -Dominion, and there is no reason for anticipating a retrograde course -of conduct on the part of the home government. - -THE MISSISSIPPI ELECTION OF 1875 - -In 1876 I was made chairman of a committee of the Senate charged with -the duty of investigating the election of 1875 in the State of -Mississippi. My associates were Cameron of Wisconsin, McMillan of -Missouri, Bayard of Delaware, and McDonald of Missouri. - -By the election of 1875 the Republican Party had been overthrown and -the power of the Democratic Party established upon a basis which has -continued firm, until the present time. The question for investigation -was this: Was the election of 1875 an honest election? There was an -agreement of opinion that there were riots, shootings and massacres. -On the side of the Democrats it was contended that these outrages had -no political significance, that they were due to personal quarrels, -and to uprisings of negroes for the purpose of murdering the whites. -The testimony was of the same character and the conclusions of the two -branches of the committee followed the lead of these conflicting -theories and statements. For myself I had no doubt that the election -of 1875 was carried by the Democrats by a preconcerted plan of riots -and assassinations. To me the evidence seemed conclusive. - -The town of Aberdeen was the scene of murderous intimidation on the -day of election, and at about eleven o'clock the Republicans left the -polling place and abandoned the contest. - -One of the principal witnesses for the Democrats was General Reuben -Davis, a cousin of Jefferson Davis. He had been a member of the -Thirty-sixth Congress, and he had resigned his seat to take part in the -Rebellion. He was a Brigadier-General in the service, but without -distinction. He explained and excused all the transactions at -Aberdeen and with emphasis and adroitness he laid the responsibility -upon the Republicans. Of certain things there was uncontradicted -testimony. 1. That the Democrats placed a cannon near the voting-place -and trained it upon the window where the Republicans, mostly negroes, -were to vote, and that there was a caisson at the same place. 2. That -there was a company of mounted men and armed cavalry upon the ground. -3. That guns were discharged in the vicinity of the voting place. -4. That at about eleven o'clock the sheriff of the county, a white man -and a Republican, who had been a colonel in the rebel army, made a -brief address to the Republican voters in which he said that there could -be no election and advised them to go to their homes. This they did -without delay. The sheriff locked himself in the jail where he remained -until the events of the day were ended. General Davis insisted that -all these demonstrations of apparent hostility had no significance-- -that the artillery men had no ammunition--that the cavalry men were -assembled for sport only--and that the discharge of muskets was made by -boys and lawless persons, but without malice. - -In many parts of the State the canvass previous to the election was -characterized by assassinations and midnight murders. But all were -explained upon non-political grounds. - -In 1878 General Davis offered himself to the electors as a Democratic -candidate for Congress. The convention nominated another person. He -then entered the field as an independent candidate. He was defeated, -or rather the Democrat was declared to have been elected. The -Republicans had voted for Davis, and when the contest was decided by -the returning board Davis published a letter in which he charged upon -the Democratic leaders the conduct which in 1876, he had explained and -defended. After the election of General Harrison in 1888, General Davis -appeared at Indianapolis as a Republican, and as such he had an -interview with the President-elect. - -While I was conducting the investigation at Jackson, a stout negro from -the plantation sought an interview with me after he had been examined -by the committee. He was a mulatto of unusual sense, but he was under -a strong feeling in regard to the outrages that had been perpetrated -upon the negro race. - -Finally he said: "Had we not better take off the leaders? We can do it -in a night." - -I said: "No. It would end in the sacrifice of the black population. -It would be as wrong on your part as is their conduct towards you. -Moreover, we intend to protect you, and in the end you will be placed -on good ground." - -There is, however, a lesson and a warning in what that negro said. If -the wrongs continue, some "John Brown" black or white, may appear in -Mississippi or South Carolina or in several states at once, and engage -in a vain attempt to regain the rights of the negro race by brutal -crimes. The negroes are seven million to-day, and they are increasing -in numbers and gaining in wealth and intelligence. The South, and -indeed the whole country were not more blind to impending perils in the -days of slavery than we now are to the perils of the usurpation in -which the South is engaged. With such examples as this country -furnishes and with the traditions under whose influence all classes are -living, there will always be peril as long as large bodies of citizens -are deprived of their legal rights. - -Should such a contest arise, there will be wide spread sympathy in the -North, which might convert a servile or social war into a sectional -civil war. - -COURTESY OF THE SENATE--SENATORIAL ELECTION OF 1887 - -One of my last acts as Secretary was to advise the President to nominate -a Mr. Hitchcock for collector of the port of San Diego, California. -Hitchcock was a lawyer by profession, a graduate of Harvard and a man of -good standing in San Diego. Mr. Houghton, the member for the San Diego -district, had recommended a man who was a saloon-keeper and a Democrat -in politics, but he had supported Houghton in the canvass. Houghton's -request was supported by Senator Sargent. Upon the facts as then -understood the President nominated Hitchcock and one of the first -questions of interest to me was the action of the Senate upon the -nomination of Hitchcock which I supported. - -Sargent appealed to what was known as the courtesy of the Senate a rule -or custom which required Senators of the same party to follow the lead -of Senators in the matter of nominations from the respective States. To -this rule I objected. I refused to recognize it, and I said that I -would never appeal to the "courtesy" of the Senate in any matter -concerning the State of Massachusetts. Hitchcock was rejected. The -President nominated Houghton's candidate. - -This action on my part was followed by consequences which may have -prevented my re-election to the Senate. When Judge Russell, who was -collector of the port of Boston, was about to resign, General Butler, -who had early knowledge of the purpose of Russell, secured from General -Grant the nomination of his friend William A. Simmons. Simmons had been -in the army, he had had experience in the Internal Revenue Service and -his record was good. He was, however, Butler's intimate friend, and -all the hostility in the State against Butler, which was large, was -directed against the confirmation. I was not personally opposed to -Simmons, but I thought that his appointment was unwise in the extreme, -and therefore I opposed his confirmation. There were fair offers of -compromise on men who were free from objections, all of which were -refused by Butler. The President declined to withdraw the nomination -unless it could be made to appear that Simmons was an unfit man. This -could not be done. I was upon the Committee on Commerce to which the -nomination was referred, and upon my motion the report was adverse to -the nomination. Butler came to my room and denounced my action, -saying that he would spend half a million dollars to defeat my re- -election. I said in reply:-- - -"You can do that if you choose, but you cannot control my action now." - -In the Senate I opposed the confirmation on the ground that a majority -of the Republican Party were dissatisfied, that it was an unnecessary -act of violence to their feelings, that there were men who were -acceptable who could be considered, and that the means by which the -nomination was secured could not be defended. I was then challenged to -say whether I appealed to the courtesy of the Senate. I said: - -"No, I do not. I ask for the rejection of Simmons upon the ground that -the nomination ought not to have been made." - -Sumner appealed to the courtesy of the Senate, but he had then wandered -so far from the Republican Party that his appeal was disregarded. -Simmons was confirmed. - -Enough of the proceedings were made public to enable my opponents to -allege that I might have defeated Simmons, and that my action was -insincere. As a result I had no further political intercourse with -Butler, and when the contest came in 1877 his action aided Mr. Hoar in -securing the seat in the Senate. I presume, however, that Butler -preferred my election, but he had hopes for himself, or at least that -the election would go to a third party. A day or two before the -election he sent me a friendly despatch urging me to go to Boston. I -had already determined to avoid any personal participation in the -contest. That non-interference I have never regretted. - -THE ELECTORAL COMMISSION - -As I now view the subject (1900) the Electoral Commission was an -indefensible necessity. In the division of parties it seemed -impossible, and probably it was impossible, to secure a result with -peace to the country, except by a resort to extraordinary means. - -When the bill passed the two houses the chances were with the Democrats. -Judge Davis was in the list of judges from the Supreme Court. His -sympathies, and perhaps his opinions, were with the Democratic Party, -and there was reason to apprehend that he might incline to act with the -Democratic members of the commission. After the passage of the bill -Judge Davis was chosen Senator from Illinois, and Judge Strong became -a member. Upon the pivotal questions the members acted upon their -political opinions, or, most certainly in accordance with them. - -I voted for the bill upon the understanding that there was no specific -authority for such a proceeding. Indeed, the questions might have been -referred to the mayors of New York and Brooklyn, upon grounds equally -defensible in a legal point of view, although the tribunal selected was -much better qualified for the duty. Having agreed to the use of an -unconstitutional tribunal, or to an extra constitutional tribunal, I -had no qualms about accepting the result. Nor was I especially -gratified by the action of the commission. My connections with Mr. -Conkling led me to think that he had great doubts about the propriety -of the decision in the case of Louisiana, and that doubt may have led -him to avoid the vote in the Senate. - -REVISION OF THE STATUTES OF THE UNITED STATES, 1878 - -As chairman of the Committee on the Revision of the Statutes, I framed -and reported the amendments to the Revised Statutes, which were -afterwards incorporated in the edition of 1878, which I prepared by -the appointment of President Hayes after my term in the Senate expired, -which was made probably, upon the recommendation of Attorney-General -Devens and without any solicitation on my part, or by any of my friends, -as far as I know. - -The edition of 1878 contains references to every decision of the Supreme -Court down to and including volume 194. It contains a reference to the -decisions of the Supreme Court, all arranged and classified under the -various sections, articles and paragraphs of that instrument. In doing -this work I was compelled to read all the opinions of the Court from -the beginning of the Government, so far, at least, as to understand -the character of each opinion. - -The preparation of the index was the work of months. Its value is great -and the credit is due to Chief Justice Richardson who not only aided me, -but he devised the plan and gave direction to the work as it went on. -It was our rule to index every provision under at least three heads, -and in many cases there is a sub-classification under the general -designation. We avoided an error into which many writers fall--we -never indexed under the lead of an adjective, article or participle. - -FRENCH AND AMERICAN CLAIM COMMISSION, 1880 - -In 1880, Mr. Evarts, the Secretary of State, invited me to act as -counsel for the Government in defence of the claims of French citizens -for losses sustained during the Civil War. There were more than -seven hundred cases and the claims amounted to more than thirty-five -million dollars including interest. The recoveries fell below six -hundred and thirty thousand dollars. The printed record covered sixty -thousand pages, and my printed arguments filled about two thousand -pages. The discussion and decisions involved many important questions -of international law, citizenship, the construction of treaties, and -the laws of war. - -The chairman was Baron de Arinos. He was a man of unassuming manners, -of great intelligence, and of extensive acquaintance with diplomatic -subjects. He was reserved, usually, but he was never lacking in ability -when a subject had received full consideration at his hands. As far as -I recall his decisions, when he had to dispose of cases on which the -French and American commissioners differed, I cannot name one which -appeared to be unjust. - -The insignificant sum awarded was due to many circumstances. Of those, -who as French citizens had suffered losses during the war, many had -become American citizens by naturalization. Again others were natives -of Alsace and Lorraine, and the commission held that they were not -entitled to the protection of France in 1880 when the treaty was made. -But the losses were chiefly due to the absence of adequate evidence as -to the ownership of the property for which claims were made, and to the -enormous exaggerations as to values in which the claimants indulged. - -COURTS-MARTIAL - -Between the year 1880 and the year 1895 there were five general courts- -martial held in the city of Washington and I appeared for the defendants -in four of them. - -I was also retained for the investigation of two cases of officers of -the Navy who had been convicted by courts-martial, one of them held in -the waters of China and the other on the coast of Brazil. The latter, -the case of Reed, which may be found in volume 100 of the United States -Reports, became important as the first attempt by the Supreme Court to -define and limit the jurisdiction of the civil tribunals over the -proceedings of courts-martial. - -The courts consist of thirteen officers of the service to which the -accused may belong, and by a majority in number they are his seniors in -rank, if the condition of the service will permit such a selection. - -A court thus constituted is an imposing tribunal, and in dignity of -appearance not inferior to the Supreme Court of the United States. The -members are well instructed in the requirements of the service, but -their knowledge of the science of law, especially in its technicalities, -is limited. It is the theory of the system that the judge-advocate -will be an impartial adviser of the court and that he will protect the -accused against any irregular proceeding and especially protect him -against the admission of any testimony that would be excluded in an -ordinary court of law. - -In fact, however, the judge advocate becomes the attorney of the -Government, especially when the accused has the aid of counsel. His -advice to the court becomes the rule of the court. Questions of -testimony are important usually, and the line between what is competent -and that which should be excluded is often a very delicate line. The -judge should be a disinterested person. It is too much to assume that -an advocate can in a moment transform himself into an impartial judge. - -In the case of Reed, which was an application by a _habeas corpus_ -proceeding for the discharge of Reed from prison, the Supreme Court -held that it could not examine the proceedings of the court-martial -further than to inquire whether the act charged was an offence under -the rules of the service, and, second, whether the punishment was one -which the court had power to impose. - -Thus it follows, that intermediate errors and wrongs whether by the -exclusion or admission of testimony, or by corruption even, cannot be -remedied by judicial tribunals on the civil side. - -A partial remedy for possible evils may be found through the appointment -of a judge from the civil courts, or of an experienced lawyer who should -become the adviser of the court-martial, in place of the judge-advocate ---thus leaving to him the duties of an attorney in behalf of the -Government. - - -XLII -LAST OF THE OCEAN SLAVE-TRADERS* - -In the month of April, 1861, a bark, registering 215 tons, anchored in -the bay of Port Liberté, a place of no considerable importance, on the -northerly coast of the island of Hayti, about twenty miles from the -boundary of Santo Domingo. The vessel carried the flag of France, and -the captain called himself Jules Letellier. The name of the vessel -was not painted upon the stern, as is required by our law; but the -captain gave her name as _Guillaume Tell_, bound from Havana to Havre. -He stated that he had suffered a disaster at the island of Guadaloupe, -and that he had been compelled to throw a part of his cargo overboard. -He said also that his object in putting into the port was to obtain -assistance for the recovery of his cargo; and for that purpose he -solicited recruits. The authorities became suspicious of the craft, and -an arrest was made of the vessel, her officers and men. After some -delay the vessel was sent to Port au Prince, where she was condemned -and confiscated upon the charge of being engaged "in piracy and slave- -trading on the coast of Hayti." - -Upon investigation it appeared that the true name of the vessel was -_William_, and that the name of the captain was Antonio Pelletier. -Pelletier was tried according to the laws of Hayti, convicted and -sentenced to death. The sentence was commuted to imprisonment for a -term of years. The facts of his arrest and of the sentence pronounced -upon him were published in the New York _Herald;_ and thereupon, as it -appeared in the investigation that was afterward made, his wife -married and, taking Pelletier's two children, left the country. -Pelletier was kept in prison for about two years, when he escaped, -probably with the connivance of the authorities. He returned to the -United States. Previous to his escape he gained the confidence of -the commissioner of the United States at Port au Prince, who made a -report in his behalf and upon the ground that he had been arrested, -tried and convicted for an offense of which he was not guilty. - -That report was made to the Department of State, when Mr. Seward was -Secretary of State. Mr. Seward declined to act, upon two grounds-- -first, it was not proved that Pelletier was a citizen of the United -States; and second, the course of Hayti seemed justified by the facts -as they then appeared. Pelletier presented a statement of his claim, -amounting in all to about $2,500,000. He placed the value of the bark -_William_ and her cargo, with some money which he claimed was on her, -at about $92,000. He claimed also that he had been subjected to many -losses in business transactions, which he had been unable to consummate -owing to his arrest in Hayti. These amounted to about $750,000. The -most extraordinary claim was the claim for damages to his person, in -the matter of his arrest and captivity, and the loss of his wife, -children and home, for all of which he charged $300,000. - -The claimant pressed his claim persistently to the State Department; -and in the year 1884, when Mr. Frelinghuysen was Secretary of State, -a protocol was entered into between him and Mr. Preston, then minister -plenipotentiary of the republic of Hayti, by which this claim, with -another large claim in behalf of A. H. Lazare against the republic of -Hayti, was submitted to an international arbitrator,--the Hon. William -Strong, formerly a justice of the Supreme Court of the United States. -The republic of Hayti retained Charles A. de Chambrun and myself as -counsel for the defence. This hearing occupied one year of time, and -the documents and the testimony taken covered two thousand printed -pages. The investigation showed that Pelletier was born at -Fontainebleau in France in the year 1819. At the age of fourteen he -ran away from his home and country and came to the United States, where -he found employment on board a ship, which was owned and navigated -by one Blanchard of the State of Maine. From about the year 1835 to -the year 1850, Pelletier was employed upon shipboard in various menial -capacities, until finally he became master of several small vessels, -which were employed on short voyages in the Caribbean Sea and on the -coast of South America. About the year 1850 he appeared in the city -of New York, and between that time and 1859 he was in the city of -Chicago, where on one occasion and as the representative of some local -party he was a candidate for alderman. He was also engaged for a time -in the manufacture of boots and shoes at Troy, New York. - -In the autumn of 1860 there appeared a statement in the newspapers that -a bark called the _William_ had been arrested and condemned at Key West -upon the charge of having been fitted out for the slave trade. Guided -by that notice, Pelletier went to Havana, and employed an agent to go -to Key West and to purchase the bark. The purchase was made at a cost -of $1,504. In Pelletier's statement of his claim, he asserted that he -paid something over $10,000 for the vessel. From Key West the vessel -was sent to Mobile in charge of a man named Thomas Collar, who became -Pelletier's mate, but who was known on the vessel as Samuel Gerdon. At -Mobile the _William_ was fitted out for the voyage under the direction -and apparent ownership of a firm in that city known as Delauney, Rice -& Co., of which Pelletier claimed to be a member and proprietor to the -extent of $50,000, the patrimony which he had received upon the death -of his father. The vessel was freighted with lumber, and was cleared -for Carthagena, New Granada, in October. She arrived at that port -late in November. The investigation showed that a portion of the lumber -was placed upon the deck when there was space below where it might have -been stored. It appeared also that the vessel contained a large number -of water casks, some twenty or twenty-five, about twenty pairs of -manacles, a quantity of ammunition, and that the number of sailors was -considerably in excess of the number required for the navigation of -the vessel. - -At Carthagena Pelletier made a contract with a colored man named Cortes, -to carry him with his wife and children and servant to a point on the -coast east of Carthagena, known as Rio de Hache. This contract he -never performed. The original object of the voyage, as he alleged, -was to obtain a cargo of guano, at an island which he named Buida. As -a matter of fact, there is no such island, or at any rate none could -be found on the maps, nor was its existence known to the officers of -our Government who had been engaged in taking soundings in the Caribbean -Sea. - -While the _William_ was at Carthagena, one of the men deserted and -notified the commander of a British man-of-war that the object of the -voyage of the bark _William_ was a cargo of negroes to be carried to -the United States and sold as slaves. Following the desertion of this -man, Pelletier left Carthagena and, instead of proceeding to Rio de -Hache, which was understood to be the destination of the British man-of- -war, he took a northerly course toward the island of Grand Inagua. -Upon this change of the course of the vessel, Cortes became alarmed for -his safety, and he urged Pelletier to put him ashore, and especially -for the reason that the shades of maternity were falling on his wife. -After a delay of ten days, Pelletier consented to land him, which he -did at Grand Inagua, and secured in payment the goods and effects which -Cortes had on board the vessel, and which were understood to be of the -value of $500 or more. - -In the month of January, 1861, Pelletier arrived in the harbor of Port- -au-Prince, Hayti, where he was accused of being engaged in a slave- -trading expedition by five of his men whom he had landed and caused to -be put in prison on the charge of insubordination. The authorities were -so well convinced of the unlawful character of the expedition that they -ordered Pelletier to leave without delay. He was conveyed out of the -harbor by an armed vessel, and upon the understanding that he was to -sail for New Orleans. As a matter of fact, however, he employed the -months following, until April, in expeditions among the islands of the -Caribbean Sea. In the course of the investigation, Pelletier appeared -on the stand as a witness. In a series of questions which I put to -him, I asked for the names of the vessels which he had commanded, -previous to the voyage of the _William_. Among others he mentioned the -_Ardennes_, which was an American ship, registered. It turned out upon -further investigation that that ship was fitted out by him at -Jacksonville in the year 1859, and cleared for the Canary Islands. Her -cargo consisted of rum, sugar, cigars and tobacco. From the admission -of Pelletier it appeared that he never reached the Canary Islands, but -made the coast of Africa, near the mouth of the Congo River. Upon -being pressed for a reason for the change, he stated that he had been -driven there by a storm. We were able to cause an examination to be -made of the records of the _Pluto_, a British man-of-war, that -discovered the _Ardennes_ near Magna Grand in April, 1859. The officers -of the _Pluto_ boarded the _Ardennes_, and made such an examination as -they thought proper. The captain made this entry after an examination -of the vessel's papers and register, namely: "Which, though not -appearing to be correct, I did not detain or molest them." The -_Ardennes_ lingered in the vicinity of the mouth of the Congo, where she -was arrested by the officers of the United States ship _Marion_, under -command of Captain Brent. The results of the examination which he -made and the circumstances of which he obtained knowledge were such that -he took possession of the vessel and sent her to New York upon the -charge of being engaged in the slave trade. The evidence produced at -New York was not sufficient to lead the court to condemn her, but the -judge gave a certificate that there was probable cause for her arrest. - -The real character of the voyage of the _William_ from Mobile was -finally established beyond all controversy. In the year 1880, a treaty -was made between the United States and France, by which an international -commission was created for the purpose of determining the validity of -claims made by citizens of the United States against France and of -claims made by citizens of France against the United States. Among -the claimants against the United States were two Frenchmen by the name -of Le More, residents of New Orleans. At the time of the capture of -New Orleans in the year 1862, these men had in their possession a large -sum of money belonging to the Confederate government. By the -proclamation of General Butler, made immediately upon the capture of -the city, all intercourse with the Confederate authorities by residents -of New Orleans was interdicted. Notwithstanding the proclamation, the -Le Mores contrived to convey the funds in their possession across the -line, and to procure their delivery to the Confederate authorities. -General Butler, having obtained knowledge of this transaction, had the -Le Mores brought before him. He then questioned them, and upon his -own judgment and without trial he sent them as prisoners to Ship -Island, where they were confined for a time with an attachment of a -ball and chain. Each of these men presented a claim to the commission, -and, there being no defence, an award of $20,000 was made to each. If -General Butler had convened a military court or commission, as he should -have done, and had obtained a conviction, as he would have obtained one, -he would not have subjected the United States to the judgments which -were rendered finally. - -In that hearing, De Chambrun represented the Government of France and I -represented the Government of the United States. Thus having knowledge -of the Le Mores, who were yet in New Orleans, we applied to them for -the purpose of ascertaining the character of Delauney, Rice & Co., and -also whether there was any person living who had knowledge of the -fitting out of the bark _William_. They found a man by the name of -Louis Moses, who had been a resident of New Orleans since the year -1852, and who was well acquainted with the house of Delauney, Rice & -Co., having transacted business for it, and who was himself concerned -in the fitting out of the bark _William_. He had indeed invested, in -one form or another, the sum of $15,000 in the enterprise, of which he -had evidence in writing. He stated that the object of the voyage was -to obtain a cargo of negroes in some of the islands of the Caribbean -Sea, and to bring them to a desert island on the west bank of the -Mississippi, near the mainland of Louisiana; in fine, that there was -no purpose to obtain a cargo of guano. - -When the hearing commenced, in the year 1884, Pelletier came before the -arbitrator in perfect health and with the appearance of a man of ability -and of fortune. After an acquaintance of about a year I was able to use -this language in my final arguments: "It is a singular circumstance -that Captain Pelletier has not produced an original paper or document -in support of his claim. He is sixty years of age or more. He is a -man not deficient in intellectual capacity, whatever else may be said -of him. He is endowed by nature with ability for large and honest -undertakings. He claims to have had an extensive business experience; -to have been the possessor of large wealth; to have been trusted in -fiduciary ways; and he comes here and claims compensation for a great -outrage, as he alleges, upon his person and his rights; and yet he has -not produced a paper that has the signature of any being, living or -dead, by which he can sustain the claim he makes. What is his answer -in regard to the absence of papers? It is that they were on board the -bark _William_. According to the best information we can obtain, that -bark was not less than twelve or fifteen years of age. We know that it -did not much exceed two hundred tons burden. It was bound on a voyage -into tempestuous seas; and, leaving behind him wealth, as he says, to -be measured by the million, he embarks on that vessel with all his -papers, including title deeds, articles of copartnership, powers of -attorney, and preliminary accounts relating to unsettled affairs. He -is a member of the house of Delauney, Rice & Co., in which he had -deposited his patrimony to the extent of fifty thousand dollars; and -he carries away on that frail bark all evidence of his investment in -that firm. He had, he said, a partnership agreement; he had accounts -of profits that had been rendered from time to time,--and all are gone. -He had a dear wife and two children, for whose loss he now demands large -compensation; and yet he carried away the evidence of which their right -to his estate would have depended, in case of his death. The statement -may be true, but in the nature of things it is not probable. That we -may believe a statement of that sort, evidence is required, not from -one man unknown, not from one man impeached, but from many men of -reputable standing in society. It is not to be believed that a man -who had been engaged in transactions measured by hundreds of thousands -of dollars, through a period of ten years, should take every evidence -of those transactions on board a vessel of hardly more than two -hundred tons burden, manned by a crew composed of highbinders, as he -has described them, and sail to foreign lands, over tempestuous seas, -upon the poor pretext of procuring guano for the plantations of -Louisiana,--and this, as he says, when war was imminent." - -In my argument to the arbitrator I attempted to trace the voyage of the -_Ardennes_ and the voyage of the _William_ with as much minuteness as -seemed to me to be wise under the circumstances, and for the sole -purpose of establishing the charge that Pelletier was engaged in the -slave trade. The character of the voyage of the _Ardennes_ was -important in view of the rule of law that, in the trial of a person -charged with the crime of slave-trading, evidence is admissible which -tends to prove that the accused had been engaged in similar -undertakings at about the same time. - -My argument occupied the business hours of two sessions of the court. -At the opening of the court Pelletier appeared, took a seat, and -remained during the first thirty or forty minutes of my argument, -when he disappeared. The New York _Herald_, on the morning of the -third day after Pelletier's last appearance, contained the announcement -that Antonio Pelletier had died suddenly at the Astor House in the city -of New York. The hearing proceeded, and on the 30th day of June, 1885, -Mr. Justice Strong filed his opinion in the Department of State. In -that opinion, he says: - -"I can hardly escape from the conviction that the voyage of the bark -_William_ was an illegal voyage; that its paramount purpose was to -obtain a cargo of negroes, either by purchase or kidnaping, and bring -them into slavery in the State of Louisiana; and that the load of -lumber, and the profession of a purpose to go for a cargo of guano -were mere covers to conceal the true character of the enterprise." He -states also "that Pelletier had applied to a Haytian to obtain fifty -men and some women, blacks, of course, to assist him in obtaining -guano." The arbitrator found, however, that by the law of nations the -courts of Hayti had no jurisdiction of the case. "It is undeniable," -said Justice Strong, "that none of them were piratical in view of the -law of nations." - -By the _act d'accusation_ Pelletier was charged with piracy and slave- -trading on the coast of Hayti. The arbitrator found that he was not -guilty of piracy and that the act of slave-trading was never committed, -although the design and purpose of the voyage were perfectly clear. -The claims as presented were all rejected by the arbitrator, except the -claim for injury to Pelletier personally by his confinement in prison. -For that injury the arbitrator allowed Pelletier the sum of $25 a day -during his confinement, and the interest thereon up to the time the -judgment was rendered, amounting in all to $57,250. - -When the judgment had been rendered, the counsel for Hayti presented -a memorial to the State Department, setting forth the impropriety and -bad policy of a presentation by the Government of the United States of -a judgment rendered in favor of a claimant who had been found guilty of -fitting out a slave-trading expedition within the limits of the United -States, and using the flag of the United States as a protection in the -prosecution of his illegal undertaking. Mr. Bayard was then Secretary -of State, and Mr. Cleveland was President. That view of the counsel -of Hayti was accepted by the Secretary of State and by the President, -and the government of Hayti was relieved from the payment of the claim. -I ought to add that Mr. Justice Strong concurred with the counsel for -Hayti, and made a representation to the Department of State urging -the remission of the penalty in the judgment he had rendered. - -The decision of Mr. Justice Strong raises a question of very serious -character--that is to say, whether an international tribunal can take -notice of proceedings in the judicial tribunals of a foreign state, -further than to ascertain whether the proceedings were according to -"due process of law" in the state where the proceedings were had. -Justice Strong went so far as to hold that the courts of Hayti had erred -upon the question of their own jurisdiction. Such a ruling, if applied -to cases of public importance, might lead to very serious results. - -[* Printed in the _New England Magazine_. Copyright, 1900, by Warren -F. Kellogg.] - - -XLIII -MR. LINCOLN AS AN HISTORICAL PERSONAGE. - -A SPEECH DELIVERED BEFORE THE LA SALLE CLUB, CHICAGO, FEBRUARY 12, 1889 - -The services and fame of Mr. Lincoln are so identified with the -organization, doings and character of the Republican Party, that -something of the history of that party is the necessary incident of -every attempt to set forth the services and the fame of Mr. Lincoln. - -In a very important sense Mr. Lincoln may be regarded as the founder of -the Republican Party. He was its leader in the first successful -national contest, and it was during his administration as President -that the policy of the party was developed and its capacity for the -business of government established. The Republican Party gave to Mr. -Lincoln the opportunity for the services on which his fame rests, and -the fame of Mr. Lincoln is the inheritance of the Republican Party. -His eulogy is its encomium, and therefore when we set forth the -character and services of Mr. Lincoln we set forth as well the claims -of the Republican Party to the gratitude and confidence of the country, -and the favorable opinion of mankind. - -If it could be assumed that for the Republican Party the Book of Life -is already closed, it is yet true that that party is an historical -party and Mr. Lincoln is an historical personage, not less so than -Cromwell, Napoleon, or Washington, and all without the glamor that -rests upon the brows of successful military chieftains. - -Of Mr. Lincoln's predecessors in the Presidential office, two only, -Washington and Jefferson, can be regarded as historical persons in a -large view of history. The author of the Declaration of Independence -is so identified with the history of the country that that history -cannot outlast his name and fame. - -As the author of that Declaration and as the exponent of new and -advanced ideas of government, Jefferson was elected to the Presidency, -but his administrations, excepting only the acquisition of Louisiana, -were not marked by distinguished ability, nor were they attended or -followed by results which have commanded the favorable opinion of -succeeding generations. - -Washington had no competitors. The gratitude of his countrymen rebuked -all rivalries. He was borne to the Presidency by a vote quite -unanimous, and he was supported in the discharge of his duties by a -confidence not limited by the boundaries of the Republic. - -It is only a moderate exaggeration to say that when Mr. Lincoln was -nominated for the Presidency, he was an unknown man; he had performed -no important public service; his election was not due to personal -popularity, nor to the strength of the party that he represented; but -to the divisions among his opponents. - -In 1862, when eleven hostile States were not represented in the -Government, the weakness of the administration was such that only a -bare majority of the House of Representatives was secured after a -vigorous and aggressive campaign on the part of the Republican Party. -Thus do the circumstances and incidents of the formative period in -Mr. Lincoln's career illustrate and adorn the events that distinguished -the man, the party and the country. - -I am quite conscious that in our attempt to give Mr. Lincoln a -conspicuous place in the ranks of historical personages, we are to -encounter a large and intelligent public opinion which claims that -distance in time and even distance in space are the necessary conditions -of a wise and permanent decision. - -The representatives of that opinion maintain that contemporaries are too -near the object of vision, that to them a comprehensive view is -impossible, and that the successive generations of one's countrymen -may be influenced by inherited passions, or by transmitted traditions. - -Some of us were Mr. Lincoln's contemporaries, and one and all we are -his countrymen, and in advance we accept joyfully any qualifications -of our opinions that may be made in other lands or by other ages, if -qualifying facts shall be disclosed hereafter. But nearness of -observation, and a knowledge of the events with which Mr. Lincoln's -public life was identified, may have given to his associates and -co-workers opportunities for a sound judgment that were not possessed -by contemporary critics and historians of other lands, and that the -students of future times will be unable to command. - -The recent practical improvements in the art of printing, the telegraph -and the railway, have furnished to mankind the means of reaching safe -conclusions in all matters of importance, including biography and -history, with a celerity and certainty which to former ages were -unknown. In these five and twenty years, since the death of Mr. -Lincoln, there has been a wonderful exposition of the events and -circumstances of the stupendous contest in which he was the leading -figure, and all that knowledge is now consummated on the pages of -Nicolay and Hay's complete and trustworthy history. Of the minor -incidents of Mr. Lincoln's career, time and research will disclose -many facts not now known, which may lend coloring to a character whose -main features, however, cannot be changed by time nor criticism. The -nature of Mr. Lincoln's services we can comprehend, but their value -will be more clearly realized and more highly appreciated by posterity. -As to the nature of those services the judgment of his own generation -is final--it can never be reversed. Indeed, it may be asserted of -historical personages generally, that the judgment of contemporaries is -never reversed. Attempts have been made to reverse the judgment of -contemporaries, in the cases of Judas Iscariot, of Henry the Eighth, -and of Shakespeare, and I venture the assertion that all these attempts -have failed, most signally. In our own country there have been no -reversals. Modifications of opinions there have been--growth in some -cases, decrease in others, but absolute change in none. The country -has grown towards Hamilton and away from Jefferson. They are, however, -as they were at the beginning of the last century, the representatives -of antagonistic ideas in government, but their common patriotism is -as yet unchallenged. It is the fate of those who take an active part -in public affairs, to be misjudged during their lives, but death -softens the asperities of political and religious controversies and -tempers the judgment of those who survive. Franklin, Washington, -Jackson, Clay and Webster, are to this generation what they were to the -survivors of the respective generations to which they belonged. Mr. -Calhoun has suffered by the attempt to make a practical application of -his ideas of government, but the nature and dangerous character of those -ideas were as fully understood at the time of his death as they are at -the present moment. - -I pass over as unworthy of serious consideration the detractions and -attacks, sometimes thoughtless, and sometimes malicious, to which Mr. -Lincoln was subject during his administration. He made explanations -and replied to these detractions and attacks only when they seemed to -put in peril the fortunes of the country; but when he made replies, -there were none found, either among his political friends or his -political enemies who were capable of making an adequate answer. -Consult, as we may consult, his correspondence in regard to the -transit of troops through Maryland, in regard to the invasion of -Virginia, in case the city of Washington should be attacked or -menaced from the right bank of the Potomac, in regard to the suspension -of the privilege of the writ of _habeas corpus_, in regard to the arrest -of Vallandingham, in regard to our foreign relations, and, finally, -consult his numerous papers in regard to the objects for which the -war should be prosecuted, and the means, as well, by which it could be -prosecuted. Consider, also, that this work was done by a man called to -the head of an administration that had no predecessor, to the management -of the affairs of a government distracted by civil war, its navy -scattered, its treasury bankrupted, its foreign relations disturbed by -a traditional and almost universal hostility to republican institutions, -and all while he was threatened constantly by an adverse public -judgment in that section of the country in which his hopes rested -exclusively. And consider, also, that Mr. Lincoln had had little or -no experience on the statesmanship side of his political career, that -as an attorney and advocate he had dealt only with local and municipal -laws; that he was separated by circumstances from a practical -acquaintance with maritime and international jurisprudence, and yet -consider further with what masterful force he rebuked timid or -untrustworthy friends who would have abandoned the contest and consented -to the independence of the seceding States, in the vain hope that time -might aid in the recovery of that which by pusillanimity had been lost; -with what serenity of manner he put aside the suggestion of Mr. Seward -that war should be declared against France and Spain as a means of -quieting domestic difficulties which were even then represented by -contending armies; with what calmness of mind he laid aside Mr. -Greeley's letter of despair and self-reproach of July 29, 1861, and -proceeded with the preparation of his programme of military operations -from every base line of the armies of the Republic; with what skill and -statesmanlike foresight he corrected Mr. Seward's letter to Mr. Adams -in regard to the recognition by Great Britain of the belligerent -character of the Confederate States; and, finally, consider with what -firmness and wisdom he annulled the proclamations of Fremont and -Hunter, and assumed to himself exclusively the right and the power to -deal with the subject of slavery in the rebellious States. In what -other time, to what other ruler have questions of such importance been -presented, and under circumstances so difficult? And to what other -ruler can we assign the ability to have met and to have managed -successfully all the difficult problems of the Civil War? It cannot be -claimed for Mr. Lincoln that he had had any instructive military -experience, or that he had any technical knowledge of the military -art; but it may be said with truth that his correspondence with the -generals of the army, and his memoranda touching military operations -indicate the presence of a military quality or facility, which in -actual service might have been developed into talent or even genius. -His letter to General McClellan, of October 13, 1862, is at once a -memorable evidence and a striking illustration of his faculty on the -military side of his official career. He sets forth specifically, and -in the alternative, two plans of operation, and with skill and caustic -severity he contrasts the inactivity and delays of General McClellan, -with the vigor of policy and activity of movement which characterized -the campaign on the part of the enemy. He brings in review the facts -that General McClellan's army was superior in numbers, in equipment, -and in all the material of war. The President in conclusion said: -"this letter is not to be considered as an order," and yet it is -difficult to reconcile the continued inactivity of General McClellan -with the claim of his friends that he was a patriotic, not to say an -active, supporter of the cause of the Union. With that letter in hand -a patriotic and sensitive commander would have acted at once upon one -of the alternatives presented by the President, or he would have formed -a plan of campaign for himself and ordered a movement without delay, or -he would have asked the President to relieve him from duty. No one of -these courses was adopted, and the policy of inactivity was continued -until Lee regained the vantage ground which he abandoned when he -crossed the Potomac into Maryland. It is at this point, and in this -juncture of affairs that the policy of Mr. Lincoln requires the -explanation of a friendly critic. The historian of the future may -wonder at the procrastination of the President. He may criticize his -conduct in neglecting to relieve McClellan when it was apparent that he -would not avail himself of the advantages that were presented by the -victory at Antietam. The explanation or apology, is this, in substance: -The Army of the Potomac had been created under the eye of McClellan and -the officers and men were devoted to him as their leader and chief. -They had had no opportunity for instituting comparisons between him and -other military men. After Pope's defeat, the army had been unanimous, -substantially, in the opinion that McClellan should be again placed in -command. The President had yielded to that opinion against his own -judgment, and against the unanimous opinion of his Cabinet. Having -thus yielded, it was wise to test McClellan until the confidence of the -army and the country should be impaired, or, as the President hoped -would be the result, until McClellan should satisfy the Administration -and the army, that he was equal to the duty imposed upon him. Hence -the delay until the 5th of November, when McClellan was relieved, -finally, from the military service of the country. - -It was known to those who were near President Lincoln, that he was a -careful student of the war maps and that he had daily knowledge of the -position and strength of our armies. I recall the incident of meeting -President Lincoln on the steps of the Executive Mansion at about eleven -o'clock in the evening of the day when the news had but just reached -Washington that Grant had crossed the Black River and that the army was -in the rear of Vicksburg. The President was returning from the War -Office with a copy of the despatch in his hand. I said:-- - -"Mr. President, have you any news?" He said in reply: - -"Come in, and I will tell you." - -After reading the despatch, the President turned to his maps and traced -the line of Grant's movements as he then understood and comprehended -those movements. That night the President became cheerful, his voice -took on a new tone--a tone of relief, of exhilaration--and it was -evident that his faith in our ultimate success had been changed into -absolute confidence. In the dark days of 1862 he had never despaired -of the Republic, when others faltered, he was undismayed. He put aside -the suggestion of Mr. Seward that he should surrender the chief -prerogative of his office; he rebuked the suggestion of General Hooker -that he should declare himself dictator; and he treated with silent -contempt the advice of General McClellan, from Harrison's Landing, in -July, 1862, that the President should put himself at the head of the -army with a general in command, on whom he could rely, and thus assume -the dictatorship of the Republic. He asserted for himself every -prerogative that the laws and the Constitution conferred upon him, and -he declined to assume any power not warranted by the title of office -which he held. He was resolute in his purpose to perform every duty -that devolved upon him, but he declared that the responsibility of -preserving the Government rested upon the people. - -Of the officers who successively were at the head of the Army of the -Potomac, none ever possessed his entire confidence, until General -Grant assumed that command, in person. His letter to General Grant -when he entered upon the Campaign of the Wilderness contains conclusive -evidence that his confidence was given to that officer, without -reservation. - -Turning again to the civil side of his administration, consider the -steps by which he led the country up to the point where it was willing -to accept the abolition of slavery in the States engaged in the -rebellion. History must soon address itself to generations of -Americans who will have had no knowledge of the institution of slavery -as an existing fact. Indeed, at the present moment, more than two -thirds of the population of the United States have no memory of the -time when slavery was the dominating force in the politics of the -country, when it was interwoven in the daily domestic life of the -inhabitants of fifteen States; when it muzzled the press, perverted -the Scriptures, compelled the pulpit to become its apologist, and when -successive generations of statesmen were brought down on an "equality -of servitude" before an irresponsible and untitled oligarchy. - -As early as 1839, Mr. Clay estimated the value of the slaves at -$1,200,000,000, and upon the same basis, their value in 1860, exceeded -$2,000,000,000. This estimate conveys only an inadequate idea of the -power of slavery and it presents only an imperfect view of the -difficulties which confronted Mr. Lincoln in 1861 and 1862. Delaware, -Maryland, West Virginia, Kentucky and Missouri were slave States, and -all of them, with the exception of Delaware, were hesitating between -secession and the cause of the Union. They were in favor of the Union, -if slavery could be saved with the Union, but it was doubtful in all -the year 1861, whether those States could be held, to the "Lincoln -Government" as it was derisively called, if the abolition of slavery -were a recognized part of our public policy. Nor is this even yet a -full statement of the difficulties which confronted Mr. Lincoln. With -varying degrees of intensity, the Democratic Party of the North -sympathized with the South in its attempts to dissolve the Union. -During the entire period of the war, New York, Ohio and Indiana were -divided States, and Indiana was only kept in line by the active and -desperate fidelity of Oliver P. Morton. In the presence of these -difficulties Mr. Lincoln recommended the purchase of all the slaves in -the States not in rebellion; then he suggested the deportation of the -manumitted slaves and the free blacks, to Central America, and for this -purpose an appropriation was made; then came the proposition to give -pecuniary aid to States that might voluntarily make provision for the -abolition of slavery, and then came, finally, the statute of July, -1862, by which slaves captured, and the slaves of all persons engaged -in the rebellion were declared to be free. It is not probable that Mr. -Lincoln entertained the opinion that these measures, one or all, would -secure the complete abolition of slavery, but they gave to the slave- -holders of the border States an opportunity to obtain compensation -for the loss of their slaves, and the pendency of these propositions -occupied the attention of the country while the formative processes were -going on, which matured finally in the opinion that slavery and the -Union could no longer co-exist. In the same time the country arrived at -the conclusion that separation and continuous peace were impossible. -The alternative was this: Slavery, a division of territory, and a -condition of permanent hostility on the one side; and on the other, a -union of States, domestic peace, a government of imperial power, with -equality of citizenship in the States and an equality of States in the -Union. Thus his measures, which were at once measures of expediency and -of delay, prepared the public mind to receive his monitory Proclamation -of September 1862. In that time the border States had come to realize -the fact that the negroes were no longer valuable as property, and they -therefore accepted emancipation as a means of ending the controversy. -To the Republicans of the North, the Proclamation was a welcome message; -to the Democrats it was a result which they had predicted, and against -which they had in vain protested. But the controversy would not have -ended with the war. Slavery existed in the States that had not -participated in the rebellion, and the legality of the Emancipation -Proclamation might be drawn in question in the courts. One thing more -was wanted, an amendment to the Constitution abolishing slavery -everywhere within the jurisdiction of the Government. This was secured -after a protracted struggle, and the result was due in a pre-eminent -degree to the personal and official influence of Mr. Lincoln. In one -phrase it may be said that every power of his office was exerted to -secure the passage, in the Thirty-eighth Congress, of the resolution, -by which the proposed amendment was submitted to the States. Mr. -Lincoln did not live to see the consummation of his great undertaking, -in the cause of Freedom, but the work of ratification by the States -was accelerated by his death, and on the 18th day of December, 1865, -Mr. Seward, then Secretary of State of the United States, made -proclamation that the amendment had been ratified by twenty-seven of the -thirty-six States then composing the Union, and that slavery and -involuntary servitude were from that time and forever forth impossible -within our limits. Such was then the universal opinion in all America. -It was our example that wrought the abolition of slavery in Brazil, and -in colonies of Spain and Portugal; it has led to the extermination of -the trans-Atlantic slave trade, and it was an inspiration to the nations -of Europe in their effort to destroy the traffic in human beings on the -continent of Africa. - -There is an aspect of Mr. Lincoln's career, which must attract general -attention and command universal sympathy. His loneliness in his office -and in the performance of his duties is deeply pathetic. It is true -that Congress accepted and endorsed his measures as they were presented -from time to time, but there were bitter complaints on account of his -delays on the slavery question, and not infrequently doubts were -expressed as to the sincerity of his avowed opinions. There were -little intrigues in Congress, and personal aspirations in the Cabinet -in regard to the succession. Of the commanders of the Army of the -Potomac from McDowell to Meade, each and all had failed to win -victories, or they had failed to secure the reasonable advantages of -victories won. There were divisions in the Cabinet which were -aggravated by personal rivalries. On one occasion, leading Republican -members of Congress engaged in a movement for a change in the Cabinet; -a movement which was without a precedent and wholly destitute of -justification under our system of government. - -His want of faith in his Cabinet was shown in his preliminary statement -when he proceeded to read the Proclamation of Emancipation. Mr. Lincoln -was then about to take the most important step ever taken by a President -of the United States and yet he informed the men, the only men whose -opinions he could command by virtue of his office that the main -question was not open for discussion; that the question had been by him -already decided, and that suggestions from them would be received only -in reference to the formalities of the document. - -It may be the truth, and our estimation of Mr. Lincoln would not be -lowered, if, indeed, it were shown to be the truth, that he chose to -act upon his own judgment in a matter of the supremest gravity, and -in which, from the nature of the case, the sole responsibility was -upon him. On the great question of the abolition of slavery his mind -reached a definite conclusion, a conclusion on which he could act, but -neither too early nor too late. The Proclamation was issued at a -moment when the exigencies of the war justified its issue as a military -necessity, and when, as a concurrent fact, the public mind was first -prepared to receive it, and to give to the measure the requisite support. - -Mr. Lincoln prepared the way for the reorganization of the government. -Under him the old order of things was overthrown and the introduction -of a new order became possible. Through his agency the Constitution -of the United States has been brought into harmony with the Declaration -of Independence. The system of slavery has perished, the institutions -of the country have been reconciled to the principles of freedom, and -in these changes we have additional guarantees for the perpetuity of -the Union. - -A just eulogy of Mr. Lincoln is a continuing encomium of the Republican -Party. By the election of 1860 he became the head of that party and -during the four years and more of his official life he never claimed -to be better nor wiser than the party with which he was identified. -From first to last he had the full confidence of the army and of the -masses of the voters in the Republican Party, and of that confidence -Mr. Lincoln was always assured. Hence he was able to meet the -aspirations of rivals and the censures of the disappointed with a good -degree of composure. To the honor of the masses of the Republican -Party it can be said that they never faltered in their devotion to the -President and in that devotion and in the fidelity of the President to -the principles of the party were the foundations laid on which the -greatness of the country rests. - -The measure of gratitude due to Mr. Lincoln and to the Republican Party -may be estimated by a comparison of the condition of the country when he -accepted power in March, 1861, with its condition in 1885, and in 1893, -when we yielded the administration to the successors of the men who had -well-nigh wrecked the Government in a former generation. - -The Republican Party found the Union a mass of sand; it left it a -structure of granite. It found the Union a by-word among the nations -of the earth, it left it illustrious and envied, for the exhibition of -warlike powers, for the development of our industrial and financial -resources in times of peace, for the unwavering fidelity with which -every pecuniary obligation was met; for the generous treatment -measured out with an unstinted hand to the conquered foe; and, finally, -for the cheerful recognition of the duty resting upon the Republican -Party and upon the country to enfranchise, to raise up, to recreate -the millions that had been brought out of bondage. - -This work was not accomplished fully in Mr. Lincoln's time, but he was -the leader of ideas and policies which could have no other consummation. - - -At the end it must be said of Mr. Lincoln that he was a great man, in a -great place, burdened with great responsibilities, coupled with great -opportunities, which he used for the benefit of his country and for the -welfare of the human race. Among American statesmen he is conspicuously -alone. From Washington to Grant he is separated by the absence on his -part of military service and military renown. On the statesmanship side -of his career, there is no one from Washington along the entire line -who can be considered as the equal or the rival of Lincoln. - -And we may wisely commit to other ages and perhaps to other lands the -full discussion and final decision of the relative claims of -Washington and Lincoln to the first place in the list of American -statesmen. - - -XLIV -SPEECH ON COLUMBUS - -DELIVERED AT GROTON, MASS., OCTOBER 21, 1892 - -We celebrate this day as the anniversary of the discovery of the -American continent. - - "The hand that rounded Peter's dome. - And groined the aisles of Christian Rome, - Wrought in a sad sincerity; - Himself from God he could not free; - He builded better than he knew." - -Of these lines of Emerson, the last three are as true of Columbus, as of - - "The hand that rounded Peter's dome, - And groined the aisles of Christian Rome," - -for he, too, - - "Wrought in a sad sincerity; - Himself from God he could not free; - He builded better than he knew." - -And shall we therefore say that he is not worthy of praise, of tribute, -of memorials, of anniversary days, of centennial years, of national and -international gatherings and exhibitions, that in some degree mankind -may illustrate and dignify, if they will, the events that have followed -the opening of a new world to our advanced and advancing civilization? - -In great deeds, in great events, in great names, there is a sort of -immortality, an innate capacity for living, a tendency to growth, to -expansion, and thus what was but of little comment in the beginning is -seen, often after the lapse of years, possibly only after the lapse of -centuries, to have been freighted with consequences whose value can only -be measured by the yearly additions to the sum of human happiness. - -Franklin's experiments in electricity were followed at once by the -common lightning-rod, but a century passed before the electrical power -was utilized, and made subservient, in some degree, to the control of men. - -Every decade of three centuries has added to the greatness of that one -immortal name in the literature of the whole English speaking race. The -security for the world that the name of Shakespeare and the writings of -Shakespeare cannot die may be found in the selfishness, the intelligent -selfishness of mankind, which will struggle constantly to preserve and -to magnify a possession which if once lost, could never be regained. - -After four centuries of delay we have come to realize, with some degree -of accuracy, the magnitude of the event called the Discovery of America. -Identified with that event, and as its author, is the man Columbus. -Involved in controversies while living, the object of the base passions -of envy, hatred and jealousy, consigned finally to chains and to prison, -and in death ignorant of the magnitude of the discovery that he had -made, there seemed but slight basis for the conjecture that his name -was destined to become the one immortal name in the annals of modern -Italy and Spain. - -As if accident and fate and the paltry ambitions of men had combined to -rob Columbus of his just title to fame, the name of the double continent -that he discovered was given to another. To that other the name -remains, but the continent itself has become the continent of Columbus. -In connection with the event no other name is known, and so it will -ever be in all the centuries of the future. - -In these years we are inaugurating a series of centennial anniversary -celebrations in honor of Columbus, and in testimony of the importance -of the discovery that he made. This we do as the greatest of the states -that have arisen on the continent that he discovered, and I delay what -I have to say of Columbus and of the discovery that I may express my -regret and the reasons for my regret, that the celebration and the -ceremonies have not been made distinctively and exclusively national. -In this I do not disparage, on the other hand I exalt, the public -spirit, the capacity for large undertakings, the will and the courage -of the city and the citizens of Chicago in assuming burdens and -responsibilities from which any other city on this continent would have -shrunk. - -My point is this: If the people and Government of the United States -were of the opinion that the discovery of a continent--a continent in -which one of the great governments of the world has found an abiding -place--was worthy of a centennial celebration, then the conduct of the -celebration ought not to have been left to the care of any community -less than the whole. Nor is it an unworthy thought that something of -dignity would have been added to the celebration if the nations of the -earth could have been invited to the capital which bears the name of -the discoverer of the continent and the founder of the Republic. - -There are occasions which confer greatness upon an orator. Such are -revolutionary periods, the overthrow of states, radical changes in a -long-settled public policy, struggles for power, empire, dominion. -These and kindred exigencies in the affairs of men and states, seem to -create, or at least to furnish opportunity and scope for, statesmen, -orators, poets and soldiers. - -This peaceful ceremony in peaceful times, of which we now speak, will -not produce orators like Patrick Henry and James Otis at the opening -of our Revolutionary struggle, like Mirabeau in France, or Cicero in -Rome, pleading for a dying republic, or Demosthenes in Athens -contending hopelessly against the domination of one supreme will. - -An orator for this occasion was not to have been waited for, he was to -have been sought out and found if possible. - -If Webster were living and in the fullness of his powers, the country -might have looked to him for an oration that would have so linked itself -with the anniversary that it would have been recognized in every -succeeding centennial observance. - -Turning from this thought, which at best, can only serve as a standard -to which our hopes aspire, I venture the remark, that there is not one -of our countrymen who, by the studies of his life, by the philosophical -qualities of his mind, by the possession in some large measure of that -Miltonian power of imagination which Webster exhibited, is qualified for -the supreme task which I have thus imperfectly outlined. - -For one day the rumor was voiced that Castelar of Spain had been invited -to deliver the oration at the more formal opening of the exhibition in -May next. That rumor has not been affirmed nor denied, but from the -delay, we cannot hope that its verification is now possible. - -Historical knowledge, due to long and laborious studies, and the spirit -of historical inquiry, are not often found in the same person, combined -with argumentative power and the quality of imagination stimulated by -an emotional nature. From what we know of Emilio Castelar of Spain, it -may be said that he possesses this rare combination in a degree beyond -any other living man. - -In the year 1856 when he was only twenty-four years of age, he was -appointed, after a competitive contest, to the chair of philosophy and -history in the University of Madrid. During his professorship, in -addition to other work, he delivered lectures on the history of -civilization. - -The political disturbances, in which as a republican, he had taken an -active part, led to his exile for four years, but upon his return to -Spain he resumed his place in the University. In 1873 he was prime -minister during the brief existence of the republic. Of his published -works, the best known in this country is the volume entitled "Old Rome -and New Italy." At present he is a member of the Cortes, where he -gives support to the Government in its measures of administration -without yielding his political principles or indorsing the monarchical -system. If this country were to pass beyond its own limits in the -selection of an orator, then, without question Spain has the first, -and indeed, the only claim to consideration. Spain furnished the means -for the expedition and the world is indebted to her enlightened -patronage for the discovery. It may be assumed, reasonably, that -Castelar would have brought from the archives of Spain fresh information -in regard to the motives of Ferdinand and Isabella, trustworthy -statements as to the character and conduct of Pinzon, the ally of -Columbus, and at the end he might have been able to prove or disprove -the theory that Columbus had knowledge of the existence of this -continent, or that he had or had not reasons for believing that land -in the west had been visited by Scandinavian voyagers in the tenth -century. - -As I pass to some more direct observations upon Columbus and the voyage -of 1492, and to the expression of some thoughts as to the future of the -country, I wish to say that I limit my criticism to our representative -men, whose estimate of the importance of the anniversary was quite -inadequate. They failed to see its connection with the past, its -relations to what now is, and more important than all else they failed -to realize that this celebration is the first of a long line of -centennial celebrations, each one of which will mark the close of one -epoch, and the beginning of another. - -I cannot imagine that in a hundred years this anniversary, in its -organization and conduct, will be thought worthy of imitation. Let -us imagine, or rather indulge the hope that then all the States of the -south and the north, from the Arctic Seas to Patagonia, will be united -in a national and international celebration in recognition of an event -that has increased twofold the possibilities, comfort and happiness of -the human race. - -Passing from these criticisms, at once and finally, it is yet true that -in this centennial celebration the two Americas, Southern Europe and -the Catholic churches throughout the world are united as one people, -and for the moment differences in religion and diversities of race are -forgotten. Italy was the birth-place of Columbus; Spain, after long -years of doubt and vexatious delays lent its patronage to the scheme of -the "adventurer" as he was called; and the church, of which Columbus -was a devoted, and perhaps a devout disciple, bestowed its blessing -upon those who staked their lives or their fortunes in the undertaking. -It is not probable that Columbus looked to that posthumous fame of which -he is now the subject. His vision and his hopes extended not beyond the -possession of new lands where he might rule as a potentate and enjoy -power; where Spain might found an empire, and where the church might -establish its authority over millions of new converts. Spain gained -new empires, and maintained her rule over them for three centuries and -more; the church enlarged its power by the acquisition of half a -continent, in which its ecclesiastical authority remains, even to the -close of the nineteenth century. For a moment, and but for a moment -in the annals of time, Columbus was permitted to realize the dream of -his life. After a brief period, however, instead of place, power, -gratitude, wealth, he was subjected to chains, and consigned to prison. -Of the three great parties to the undertaking, Columbus alone, seemed -to have been unsuccessful, but at the end of four centuries he -reappears as the one personage to whom the gratitude of mankind is due -for the discovery of the new world. Nor do we enter into any inquiry -as to the manner of man that Columbus was on the moral side of his -character. We know that he was an enthusiast, that he was richly -endowed with the practical virtues of patience, of perseverance, of -continuing fortitude under difficulties, and we know that neither Spain, -nor the Church, nor Pinzon the ship-builder and capitalist, nor all of -them together would have made the discovery when it was made. To -Columbus they were essential, but without Columbus they were nothing. - -To the wide domain of history may be left the inquiry as to the truth -of his visit to Iceland in the preceding decade, his knowledge of the -expeditions of the Scandinavian voyagers to Greenland and the coasts -of New England in the tenth and eleventh centuries, and his theories -or beliefs concerning the spherical figure of the earth. - -Whatever might have happened previous to the voyage from Palos, and -whatever might have been the extent of Columbus' knowledge, the -discovery of America for the purposes of settlement and civilization, -was made by Columbus himself at eight o'clock in the evening of -October 11, O. S., when he saw the shimmer of fire on the Island of -San Salvador. That fact being established, the fact of the existence -of land near by was established also. The sight of land at three -o'clock next morning was not the discovery; it was evidence only of -the reality of the discovery made by Columbus the evening before. - -In these four hundred years the empires that Spain founded in the New -World have slipped from her grasp; the church has lost its temporal -power, but the fame of Columbus has spread more and more widely and his -claims to the gratitude of mankind have been recognized more generally. - -At the end of each coming century, and for many centuries, no one can -foresay how many, millions on millions in the Americas and in Europe -will unite in rendering tribute of praise to the enthusiast and -adventurer whose limited ambitions for himself were never realized, but -who opened to mankind the opportunity to found states freed from the -domination of the church and churches freed from the domination of the -state. - -We do not deceive ourselves, when we claim for the United States the -first place among the states on this continent. We are the first of -American states in population, in wealth, in our system of public -instruction, in our means of professional and technical education, in -the application of science to the practical purposes of life, and -finally, in experience and success in the business of government. - -It should not be forgotten by any of us, nor should the fact be -overlooked or neglected by the young that these results have been -gained by the labors and sacrifices of our ancestors, and we should -realize that the task of preserving what has been won, is the task that -is imposed upon the generations as they succeed each other in the great -drama of national life. Vain and useless are all conjectures as to -the future. The coming century must bring great changes--equal, -possibly, to those that have occurred since 1792. At that time our -territory did not extend beyond the Mississippi River, our population -was hardly four million, our national revenues were less than four -million dollars annually, manufacturing industries had not gained a -footing, for agricultural products there was no market, the trade in -slaves from Africa was guaranteed in the Constitution, the thirteen -States had not outgrown the disintegrating influence of the -Confederation, the Post-Office Department was not organized, and the -National Government was not respected for its power, justice or -beneficence, of which the mass of people knew nothing. - -In this century our territory has been enlarged fourfold, our -population is eighteen times as great as it was in 1792, our revenues -have been multiplied by a hundred, and the convertible wealth of the -people has been increased in a greater ratio even. The railway, the -telegraphic, the telephonic systems have been created. The dream of -Shakespeare has been realized--we have put a girdle round about the -Earth in forty minutes. - -More than all else, and as the culmination of all else, we have -demonstrated the practicability of a government of the people, by the -people, and for the people. All this has been made possible by and -through a system of universal public education--a system which taxes -the whole people, and educates the whole people in good learning, and -in the cardinal virtues which adorn, dignify and elevate the individual -man and furnish the only security for progressive, successful, -illustrious national life. - -This is the inheritance to which the generations before us are born. -A great inheritance--a great inheritance of opportunity, a great -inheritance of power, a great inheritance of responsibility, from which -the coming generations are not to shrink. - - -XLV -IMPERIALISM AS A PUBLIC POLICY - -This paper is introduced upon two grounds mainly. It sets forth with a -reasonable degree of fulness the views that I have entertained for -three years in regard to President McKinley's policy in the acquisition -and control of the islands in the Caribbean Sea and in the Pacific -Ocean, and it presents a history of my relations to political movements -through a long half century. - -SPEECH DELIVERED AT SALEM, MASS., OCTOBER 18, 1900, IN REPLY TO A SPEECH -MADE BY THE HONORABLE WILLIAM H. MOODY, M. C. - -A truthful statement that I have been inconsistent in the opinions that -I have held and advocated upon questions of public concern, would not -disturb me by day, nor consign me to sleepless nights. - -It is now sixty years since I first held public office by the votes of -my fellow-citizens. In that long period of time my opinions have -undergone many changes. When I have had occasion to address my fellow- -citizens upon public questions I have not reviewed my previous sayings -through fear that some critic might arraign me for inconsistency. - -I have considered only my present duty in relation to the questions -immediately before me. - -In the first ten or fifteen years of my manhood I accepted political -economy as a cosmopolitan science and free trade as a wise policy for -every country. My views in favor of free trade for the United States -are set forth in printed articles, which are now accessible. They are -at the service of the critics and of the advocates of free trade. -Consistency is not always a virtue, and inconsistency is not always a -vice. Even courts of justice change their rulings and holdings when -they find themselves in error. - -The Supreme Court of the United States has reversed its first decision -in the cases that have arisen under the confiscation acts of 1862, and -in other cases the court has qualified its opinions from time to time. -This authority is valuable as proving or as tending to prove, that -inconsistencies in opinion may be consistent with integrity of purpose. - -An attempt to change the issue while the trial is going on is not -infrequently the weak device of misguided advocates who happen to be -charged with the care of weak cases. - -It is now twenty years of more since I appeared before Judge Endicott -of your city in a cause between a trustee and the _cestui que_ trust. -The counsel for the trustee in an argument of considerable length, -proceeded to demonstrate the unwisdom, the incapacity, indeed, of my -administration of the Treasury Department. I made no attempt to meet -the new issue, and the Judge gave no opinion upon it. I made an effort -to satisfy the Judge that the trustee was withholding money that -belonged to my clients, and Judge Endicott so held. My opponent had an -opportunity to argue an issue that was not before the court, and his -client was doomed to lose his case. - -A cause is now pending before the American people. The issue is this: -Is it wise and just for us, as a nation, to make war for the seizure -and government of distant lands, occupied by millions of inhabitants, -who are alien to us in every aspect of life, except that we are -together members of the same human family? The seriousness of this -issue cannot be magnified by the art and skill of writers and speakers, -nor can it be dwarfed to the proportions of a personal controversy. -Nor does it follow from any possible construction of the Constitution -that it is wise and just for the American people to seize, through -war, and to govern by force, the hostile tribes and peoples of the -earth whether near to or remote. - -The advocates of weak causes have two methods of defence to which they -most frequently resort: epithets and a change of issues. - -It was in this city that Mr. Webster made a remark that is applicable -to the use of epithets and the avoidance of issues. Mr. Webster had -come to this city to aid the Attorney-General in the trial of Frank -and Joseph Knapp. His presence was disagreeable to the counsel for -the accused, and they more than intimated that he had been brought to -Salem to carry the court against the law, and to hurry the jury beyond -the evidence. In reply, Mr. Webster referred to the Goodridge trial, -in which he had appeared for the accused, and he said: "I remember -that the learned head of the Suffolk Bar, Mr. Prescott, came down in -aid of the officers of the government. This was regarded as neither -strange nor improper. The counsel for the prisoners, in that case, -contented themselves with answering his arguments, as far as they were -able, instead of carping at his presence." This is, in substance, the -demand that we make upon the supporters of the war in the Philippines. -Let them cease to denounce us as traitors; let them explain the facts -on which they are arraigned; and let them answer the arguments that we -offer in defence of the Republic. - -Causes may be lost by misinterpreting or misrepresenting the issues, or -by undervaluing the character and ability of opponents, but causes are -not often won by such expedients. The political issues in popular -governments are the outcome of measures and policies, and the issues -can be changed only by a change of policies and measures. President -McKinley's administration has been an administration of new policies and -new measures, and, consequently, it is an administration of new issues ---issues that will remain until the measures and policies, to which they -owe their origin, have been abandoned. Therefore, the struggle to -change the issues, however made, or by whomsoever made, is a vain -struggle. - -If, in this year 1900, it could be proved beyond controversy that in -the year 1859, I had maintained the doctrine that the Constitution of -the United States did not apply to the Territories, and that in the -year 1899 I had expressed the opposite opinion, would these facts, -including the change of opinion, and whether considered together or -considered separately, possess any value argumentative, or otherwise, -as a justification of President McKinley in seizing the Philippine -Islands through war, and in attempting to govern the inhabitants by -force? Is it of any consequence when this country is dealing with a -public policy of which war is the incident, and the continuing -inevitable incident, whether the opinions that one man may have -entertained one and forty years ago are acceptable opinions now that -the one and forty years have passed away? Yet, my fellow-citizens, this -is the argument which the representative of the ancient and honored -county of Essex offers to you and to the country in justification of -a policy of war degenerating at times into brutal massacres, carried on -against ten million people, inhabitants of a thousand islands, ten -thousand miles from our shores, and at a cost of four million dollars a -week, and at the sacrifice each year of thousands of the youth of -America, and the destruction of the health and happiness of tens of -thousands more. - -Such is the history of President McKinley's administration, and such is -the defence offered by the representative of the county of Essex. - -There may have been no sinister design in the attempt to demonstrate -my inconsistency upon a question of constitutional law. I do not -assume the existence of personal hostility. An end would be answered -if you and others could be induced to believe that in 1859 I had so -construed the Constitution as to justify President McKinley in governing -the Philippine Islands as though the Constitution of the United States -did not exist. Thus do my opinions receive more consideration from an -opponent than they could command at the hands of a friend. - -I am now to speak more directly in explanation of the opinion that I -gave in 1859, with something of the history of the circumstances -which led to the preparation of the paper of that year. It is an error -to assume that the question whether or not the Constitution extends to -the Territories, was a prominent question, in the period of the anti- -slavery controversy. That question was not publicly and seriously -discussed on either side. - -The controversy was conducted upon the theory that the Territories were -under the Constitution. The question was this: Can a slaveholder move -from a slave State to a Territory and be protected under the -Constitution in holding his slaves as property? - -It was the theory of the Missouri Compromise Measure of 1820 and it was -the theory of the compromise measures of 1850, that the Constitution -neither authorized slavery anywhere nor prohibited it anywhere. The -Kansas-Nebraska Act of 1854 recognized, as an admitted fact, the -doctrine that the Constitution extended to the Territories, and it -asserted as a conclusion of law and as a public policy, the doctrine -that the Constitution "should have the same force and effect within the -Territory of Kansas as elsewhere within the United States." Thus it -was maintained by the friends of the compromise measures that the -Constitution neither authorized slavery in the Territories nor -prohibited it. This view of the Constitution was accepted by the -opponents of slavery. - -The Constitution did not authorize slavery in the States nor did it -prohibit slavery in the States. Until the Dred Scott Decision, the -controversy proceeded upon the idea that States and Territories were -alike under the Constitution, and that by the Constitution slavery was -neither authorized nor prohibited in any State, nor in any Territory of -the Union. - -Inasmuch as at that time slavery was not prohibited under the -Constitution, there was a general agreement in the proposition that -Congress might authorize slavery in the Territories and that Congress -might prohibit slavery in the Territories. One party contended for its -authorization, the other party demanded its prohibition. On this issue -the contest was made up. From first to last the contest proceeded upon -the theory, on all sides admitted to be a true theory, that the -Constitution of the United States, by its own force, applied to all the -Territories of the United States. In that opinion I concurred. - -When Mr. Douglas concluded to become a Presidential candidate, he -broached a theory of constitutional interpretation for which he may -have found some support in the Dred Scott Decision. - -His theory was this: The Constitution so applies to the Territories -that they must take places as States in the American Union, and the -Constitution also requires Congress to accept the Territories as States, -and with such institutions as the Territories, when on their way to -Statehood, might choose to establish. - -Hence it was, that in the article in reply to Mr. Douglas, I made this -statement: "But now under the new political dispensation, these -thirty million can have no opinion concerning the admission of States -which may have established Catholicism, Mohammadanism, Polygamy or -even Slavery." - -I interrupt the course of my remarks to say that already in the -Philippines we are tolerating and supporting slavery and polygamy, -and preparing the way for the organization of Catholic and Mohammedan -States, and their admission into the American Union. - -It was in 1859, and in the article now under debate, that I used this -language as a fair exposition of Mr. Douglas' plans: - -"The people of a Territory have all the rights of the people of a -State; and therefore there are no Territories belonging to the -American Union, but all are by the silent negative operations of the -Constitution of the United States, converted into independent sovereign -members of the North American Confederacy. We commend this system to -the advocates of popular sovereignty. It offers many advantages. It -will not be possible for the people or the Congress of the United States -to resist the admission of new States, inasmuch as their consent will -not be asked. It avoids all unpleasant issues. It provides for new -slave States; it disposes of Utah; it settles, in anticipation, all -questions that may grow out of the annexation of the Catholic Mexican -States; and it permits the immigrants from the Celestial Empire to -re-establish their institutions, and take their places as members of -this Imperial Republic." This statement of Mr. Douglas' policy in the -interest of slavery is not a far-away prophecy of the doings under -President McKinley's administration. - -I have reached a point in this discussion when this remark may be -justified: No impartial reader of my article of 1859 can fail to -discover that the discussion did not involve the question now raised. -The issue was this: Are the Territories bound by the Constitution -to become States in the American Union against the judgment of the -people, and are the existing States bound to accept a new State and -that without regard to its institutions? This was the theory of Mr. -Douglas, and it was a theory designed to provide a certain way for the -increase of slave States. My argument was aimed at that policy. - -At the end of my article there is a summary by propositions which -contains declarations that were outside of the controversy with Mr. -Douglas. - -One of these has been quoted, and quoted in error as evidence of my -inconsistency. I read the proposition: "The Constitution of the United -States may be extended over a Territory by the treaty of annexation, or -by a law of Congress, in which case it has only the authority of the -law; but the Constitution by the force of its own provisions is limited -to the people and the States of the American Union." - -In this general proposition there are several minor and distinct -propositions. - -1. The Constitution may be extended over a territory by a treaty of -annexation. This is now my distinct claim in regard to Porto Rico and -the Philippines, a position that I have uniformly maintained. - -2. The Constitution may be extended to a territory by law, _in which -case it has only the authority of law._ - -As to this statement I can only say I may have had in mind instances -of such legislation as may be found in the Kansas-Nebraska Act. - -When we say that the Constitution of its own force, applies to the -Territories, we refer to the parts that are applicable to the -Territories as distinguishable from the parts that relate to States -exclusively. It is a provision of the Constitution that - -"No State shall make any law impairing the obligation of contracts." - -In terms this limitation does not extend to Territories. Congress -might extend the limitation, but the Act of limitation would have only -the force of law. - -3. "The Constitution by the force of its own provisions is limited -to the _people_ and States of the American Union." This is only a -declaration that the Constitution does not apply to other states and -communities. The word _people_ includes the inhabitants of the -Territories as well as the inhabitants of the States. If there could -have been a doubt in 1859 of the validity of this interpretation, the -doubt has been removed by the Fourteenth Amendment. The inhabitants -of Territories are thereby made citizens of the United States, are -brought within the jurisdiction of the Constitution, and as citizens -they are put upon an equality with the citizens of the States. They -are of the _people_ of the American Union, and as such they are under -the Constitution of the United States. - -These are the opening words of the amendment:-- - -"All persons born or naturalized in the United States and subject to -the jurisdiction thereof, are citizens of the United States and of -the State wherein they reside." - -We have no subject classes in America excepting only such as have been -created, temporarily, as I trust, in Porto Rico and the Philippine -Islands, by the policy of President McKinley, and all in violation of -the Thirteenth Amendment to the Constitution, which reads thus: - -"Neither slavery nor involuntary servitude, except as a punishment for -crime whereof the party shall have been duly convicted, shall exist -within the United States, or any place subject to their jurisdiction." - -President McKinley claimed jurisdiction over the Philippine Islands and -consequently the inhabitants are entitled to the benign protection of -this provision of the Constitution. There cannot be any form of -involuntary servitude imposed upon any American citizen without a -violation of this fundamental law. Hence it is that the administration -is forced to deny citizenship to the inhabitants of the Island and to -assert the claim that the President and Congress may govern the -inhabitants of territories acquired by purchase, as in the case of the -Philippine Islands, or by conquest, as in the case of Porto Rico, as -they might be governed if the Constitution did not exist. And this, -we are told by the President and his supporters, is not imperialism, but -a process of extending the blessings of liberty and civilization to -the inferior races of the earth. - -The claim of the President is the assertion of a right in Congress to -establish a system of peonage or even of slavery in Alaska, Hawaii, -and the rest. Your representative finds himself called to the defence -of this doctrine. Thus is the amendment to the Constitution made of -no effect in the Territories. - -The character of President McKinley's policy is set forth in his own -words and they justify the charge of imperialism. - -In his speech of acceptance he said:--"The Philippines are ours, and -American authority must be supreme throughout the Archipelago. There -will be amnesty, broad and liberal, but no abatement of our rights, no -abandonment of our duty; there must be no scuttle policy." What is -the meaning of this language? Is it not an assertion of absolute, -unconditional, permanent supremacy over the millions of the islands? - -Imperialism is not a word merely. It is a public policy. - -The President denounces imperialism, and with emphasis he declares that -we are all republicans in America. None of us are imperialists. - -Our answer is this: In the language that I have quoted the President -describes himself as an imperialist. The test of Republicanism is -the Thirteenth Amendment. The President is subjecting ten million -people to involuntary subserviency under his rule. This, by whatever -name called, is the imperialism that we denounce. - -We denounce it as a violation of a provision of our Constitution that -was gained at the cost of the lives of four hundred thousand men. - -We denounce it as a violation of the rights of ten million human beings -who owe no allegiance to us. Our title! you exclaim. I answer, What -is it? A title to rule an unwilling, revolutionary people, who, at the -time our title was acquired, were demanding of Spain the enjoyment of -the right of self-government. That right was well-nigh gained when we -accepted the place of substitute for Spain. Through twenty months of -war we have been engaged in a fruitless attempt to subjugate our -purchased victims, and we have been cajoled, continually, by the -declaration that the war was ended. - -If we accept the theory of the President that our title to Porto Rico -and the Philippines is a good title, then that title can be exercised -and enjoyed only in one of two ways under our Constitution and the -example that has been set in the case of Cuba. They should be held as -Territories, on the way to Statehood, or as possessions entitled to -self-government without delay by us. Mr. McKinley, Senator Lodge and -Mr. Moody say neither way is acceptable--the lands and the people are -ours. They have no rights under the Constitution. We will hold them -subject to our will until they accept our authority and recognize our -right to rule over them, and beyond that we will hold them until, in -our opinion, they are qualified to govern themselves. - -The doctrine of imperialism is again set forth in the President's -letter of acceptance of September 8. "The flag of the Republic now -floats over these islands as an emblem of rightful sovereignty. Will -the Republic stay and dispense to their inhabitants the blessings of -liberty, education and free institutions, or steal away, leaving them -to anarchy or imperialism?" - -Thus the President is engaged in dispensing liberty to conquered peoples -instead of allowing them to enjoy liberty as a birthright. He is -dispensing to them such education as he thinks they ought to have, -instead of allowing them to decide for themselves as to the education -which may be agreeable or useful for them. He dictates for them the -"free institutions" which in his opinion are best adapted to their -condition, instead of allowing them the freedom to choose their own -institutions. Thus the President assumes authority to furnish systems -of education and institutions of government by force, denying to the -people all freedom of action for themselves, and thereupon he declares -that "empire has been expelled from Porto Rico and the Philippines." - -Can the President show wherein his policy, in principle, differs from -the policy of Spain? - -Spain was engaged in war to compel the Filipinos to accept Spanish -institutions of education and liberty. We are attempting through war -to compel the Filipinos to accept American institutions of education and -liberty. It is not an answer to say, what may be true, that American -ideas and systems of education are superior to Spanish ideas and -systems. In each case there is compulsion. In each case there is a -denial of freedom. In each case, there is the same exercise of power. -In each case there is the same demand for a subservient class. In each -case there is gross undisguised imperialism. The difference is to the -advantage of Spain. Spain was consistent. Her policy was a policy of -imperialism;--a policy of centuries. - -America was a republic. Self-government was at the basis of all her -institutions. It was a prominent feature of her history. Our -accusation against President McKinley is this: He turned away from the -history of America, he disdained our traditions, and he reversed the -policy of a century. - -Mark the consequences of the change. In other days we sympathized with -Greece in its struggle for self-government; we denounced the suppression -of liberty in Hungary, and in the opening years of this century we -welcomed the provinces of Central and South America as they emerged, -one by one, from a condition of imperial vassalage, and took their -places in the galaxy of Republican States. - -If in this year 1900, America had sent forth one word of official cheer -to the States of South Africa, the act would have been an act of self- -abasement that would have invited the contempt of all mankind. - -When we charge imperialism upon the administration this question is put -exultingly: "Where is the crown?" I answer from history. England -waited a century, after the conquests by Clive and Hastings, for a -Beaconsfield to crown Britain's Queen "Empress of the Indies." The -crown is but a bauble. Empire means vast armies employed in ignominious -service, burdensome taxation at home, and ruthless maladministration of -affairs abroad. - -In two short years of imperialism, these evils have ceased to be -imaginative merely, and they have taken a place among the unwelcome -realities of our national life. - -Before I close this discourse I shall return to the subject that I have -now introduced to your attention, and for the purpose of asking you to -foster and preserve the quality of consistency in the history of the -county of Essex. - -Mr. Moody introduced two topics to the Essex Club of which I am to take -notice. They concern me personally, but there is an aspect of one of -them that may merit public attention. - -With a kindliness of spirit, that I could not have anticipated, Mr. -Moody attributes my failure to continue in the opinions that he claims -were entertained by me in 1859, to the infirmities incident to advancing -years. He thus raises a question that I am not competent to discuss. -I pass it by. - -I trust that Mr. Moody may live to the age of two and eighty years; that -his experience may be more fortunate than the fate that he attributes -to me, and that at that advanced period of his life his ability to -interpret the Constitution of his country will not be less than it now -is. - -The speech of Mr. Moody, as it appears in the _Transcript_ of August -30, closes with this sentence: "He at least might spare the epithets -to the party that has showered upon him every honor within its gift, -except the presidency." If I have applied any disparaging epithet to -the Republican Party, my error is due to my ignorance of the meaning of -the word. The quotations which Mr. Moody has made from my speech at the -Cooper Institute contain a declaration in two forms of expression, which -may have led Mr. Moody to charge me with the use of epithets. I find -nothing else on which this allegation can be founded. I reproduce the -quotations: - -"President McKinley and his imperialistic supporters through two steps -in an argument have deduced an erroneous conclusion from admitted -truths. - -"(1) Our government in common with other sovereignties has a right to -acquire territory. - -"(2) That right carries with it the right to govern territory so -acquired. - -"From these propositions they deduce the false conclusion that Congress -may indulge a full and free discretion in the government of the -territories so acquired. Herein is the error, and herein is the -usurpation." - -Again, "We have the right to acquire territory and we have the right to -govern all territory acquired, but we must govern it under the -Constitution, and in the exercise of those powers, and those only, which -have been conferred upon Congress by the Constitution. Any attempt -further is a criminal usurpation." - -In the first quotation I make the charge that President McKinley, in his -attempt to govern the Philippine Islands as though the Constitution did -not apply to them, was exercising powers not granted to him by virtue -of his office. - -The President is the creature of the Constitution, and his jurisdiction -is measured and limited by the jurisdiction of the Constitution. - -When the President asserts that the Philippine Islands are not under the -Constitution, he admits that the Philippine Islands are not within his -jurisdiction. If, on the other hand, the islands are within his -jurisdiction, it follows that his right of jurisdiction over them must -have come from the presence of the Constitution itself. - -Let there be no misunderstanding upon one point. I claim that the -Philippine Islands are under the Constitution and that the President -may exercise in and over the islands whatever powers the Constitution -and the laws may have placed in his hands. - -I claim further that as a right on the part of the Filipinos, and as a -policy of justice and wisdom on our part, we should relinquish our -title, whatever it may be, and allow the Filipinos to enter upon the -work of governing themselves. - -The President sets up the doctrine that the islands are not under the -Constitution and that they may be governed by him outside of all -constitutional restraints. This is the usurpation that I have charged -upon him, but not upon the Republican Party of former days. Upon the -basis specified the charge remains. It is not an epithet. Let the -charge be answered, or otherwise, let the President and the supporters -of his policy abandon the doctrine that we can seize, hold and govern -communities and peoples who are not within the jurisdiction of our -Constitution and, who, consequently, are not subject to our laws. - -I have said that the President and his supporters are imperialists. If -the word is descriptive of a policy then the word is not an epithet. - -In the passage that I have quoted from the speech of Mr. Moody he -charges me in fact, if not in form of words, with a violation of my -obligations to the Republican Party, and upon the ground that the party -"has showered upon me every honor in its gift except the Presidency." -The consideration that I have received from the Republican Party merits -acknowledgment, and that I accord without reserve, but it cannot exact -subserviency from me. - -On public grounds I ask this question: Are those who may hold office -under the leadership of a party, to be held by party discipline to the -support of measures and policies which they condemn? Freedom of opinion -and freedom of speech are of more value than public office. The -movement for the reform of the civil service is, in its best aspect, -but an attempt to rescue the body of office holders from the tyranny -and discipline of party and of party leaders. Thus much upon public -grounds, but, for myself, I shall not seek protection under a general -policy. - -Never for a moment from my early years did I entertain the thought that -I would enter public life, or that I would continue in public life, as -a pursuit or as a profession. Hence, it has happened that I have never -asked for personal support at the hands of any, and hence it has -happened that I have never solicited a nomination or an appointment from -or through the Republican Party or any member of it. - -In 1860, a majority of the delegates to the Congressional Convention in -my district, favored my nomination, but not through any effort by me. -I attended the Convention and placed in nomination Mr. Train, who had -been in Congress one term. - -Without any effort on my part I was nominated in 1862-'64-'66 and '68. -No aid in money or otherwise was given by the State Committee or the -National Committee. Following my nomination in each case the District -Committee asked me for a contribution of one hundred dollars. On one -occasion the committee sent me a return check of forty-two dollars and -some cents with a statement that the full amount had not been expended. -If contributions of money were made by others the fact was not -communicated to me. - -I became a candidate for the Senate upon a request signed by members of -the Legislature. When the second contest was on, in 1877, I declined -a call by a telegraphic message to visit Boston and confer with my -friends who were anxious for my election. I was a member of the Peace -Congress of 1861 and I received several other appointments from Governor -Andrew, but without solicitation by me. At his request I went to -Washington for a conference with Mr. Lincoln and General Scott. I -reached the city by the first train that passed over the road from -Annapolis. Again, at his request, I went to Washington the Monday -following the battle of Bull Run. - -I received two appointments from President Lincoln, when, in each case, -I had no knowledge that the place existed. - -From General Grant I received the offer of the Interior Department and -then of the Treasury Department, both of which I declined. When -General Grant had taken the responsibility of sending my name to the -Senate, I had no alternative as a member of the Republican Party and -as a friend to General Grant. - -Upon the death of Mr. Folger, President Arthur asked me to take the -office of Secretary of the Treasury. I was then concerned with the -affairs of another government and I declined the appointment. - -When General Garfield had been nominated at Chicago in 1880 the -nomination of a candidate for the Vice-Presidency was placed in the -hands of the friends of General Grant. That nomination was offered to -me. - -In the forty years from 1856 to 1896, I made speeches in behalf of the -Republican Party in Massachusetts, Maine, Vermont, New York, -Pennsylvania, Maryland, North Carolina, Mississippi, Missouri, Illinois, -Ohio and Indiana and in no instance did I receive compensation for my -services. When I spoke in Ohio my expenses were paid on all occasions -but one. That was a volunteer visit. My acquaintance with the -politicians of Ohio was agreeable from first to last. - -In my many trips through New York it was understood that my expenses -were to be paid. When General Arthur was at the head of the committee -his checks exceeded the expenses, perhaps by a hundred per cent. - -On one occasion the State Committee asked me to make six or eight -speeches upon their appointment. That service I performed; whether my -expenses were paid I cannot say. If they were paid it is the exception -in Massachusetts, unless local expenses may have been met where -addresses were made. - -If a mercantile account current could be written, it might appear that -my obligations to the Republican Party are not in excess of the -obligations of the Republican Party to me. - -From my experience as a member of the Republican Party I add an incident -to what I have said already. - -In the month of July, 1862, and at the request of President Lincoln and -Secretary Chase, I entered upon the work of organizing the Internal -Revenue Office. That work was continued without the interruption of -Sabbaths or evenings, with a few exceptions only, till March, 1863, -when, as was said by Mr. Chase, the office was larger than the entire -Treasury had been at any time previous to 1861. It was the largest -branch of government ever organized in historical times and set in -motion in a single year. The system remains undisturbed. Such changes -only have been made as were required by changes in the laws. In the -thirty-eight years of its existence the Government has received through -its agency the enormous sum of five thousand and five hundred million -dollars being twice the amount of all the revenues of the Government -previous to 1860. - -I have thus devoted many minutes of your time to the questions raised by -Mr. Moody. - -The nature and the extent of my obligations to the Republican Party -and the question of my consistency in the construction that I have -given to the Constitution of the United States, are not matters of -grave concern for you. They have come into the field of discussion -through the agency of Mr. Moody. - -I come now to ask your attention to a view of your relations to passing -events which concerns the county of Essex. - -Your county has a distinguished history--distinguished for its men and -for its part in public affairs. Shall the history that you are now -making be consistent with that which you have inherited and which you -cherish? I mention one name only among your great names and I bring -before your minds one event only. - -In the order of time and in the order of events, the second most -important paper in the annals of America is the "Ordinance for the -Government of the Territory of the United States Northwest of the -River Ohio." - -The chief value of that ordinance is in the sixth article which is in -these words: "There shall be neither slavery nor involuntary servitude -in the said Territory, otherwise than in the punishment of crime, -whereof the party shall have been duly convicted." - -By repeated decisions the Supreme Court has held that the stipulations -and terms of the ordinance remained in force after the adoption of the -Constitution, unless a conflict should appear, and in such a case the -ordinance would yield to the Constitution. As the article in regard -to slavery was not controlled by the Constitution, the exclusion of -slavery became the supreme and continuing law of the Territories and -States that were organized in the vast region covered by the Ordinance -of 1787, and it may be assumed, fairly, that the character and power of -those States made possible the extermination of the institution of -slavery in all parts of the country. The parties to the ordinance of -1787 may have builded better than they knew, but their work is one of -the four great acts or events in the history of the Republic--The -Declaration of Independence, the Ordinance of 1787, the Constitution, -and the amendment abolishing the institution of slavery. - -Nathan Dane of the county of Essex, was the author of the Ordinance of -1787; and he was a delegate in the Continental Congress from 1785 to -1788. Of all the eminent men that you have sent forth into the service -of the State and the country, he must be accounted the chief, when we -consider the value of his contribution, historically, and on the side of -freedom and civilization. His fame is in your hands and I have come to -ask you to consider whether the policy of President McKinley in the -Philippines is in harmony with the Ordinance of 1787 and the amendment -to the Constitution of 1865. - -By the Ordinance of 1787, freedom and full right to self-government -were made secure to the coming millions who were to occupy the States -northwest of the River Ohio. By the amendment of 1865 freedom and -equality in government were guaranteed to all and especially to the -negro race in America. - -Shall the avoidance of the Amendment in States of this Union be tendered -as a reason for a denial of equality and the right of self-government in -the Philippine Islands? If the negroes in America are entitled to -freedom from a state of subserviency, are not the colored races in the -Philippines entitled to freedom, and that whether they are under the -Constitution or beyond its jurisdiction? - -You are called to a choice between the doctrines of Nathan Dane and -Abraham Lincoln on one side and the doctrines and policy of President -McKinley and his supporters on the other side. The point I make is -this: The three propositions cannot stand together. Dane and Lincoln -are in harmony. They guaranteed equality and self-government to all. -President McKinley and his supporters demand subserviency of all who -are not within the lines of the American seas. - -They assert supreme authority over their fellow-men for an indefinite -period of time, and they promise therewith good government. Here are -the assertion of power and the promise of goodness that have attended -the origin and movement of every despotism that has risen to curse -mankind. - -That you may see, as in one view, the doctrines of Dane, Lincoln and -McKinley, I read again the records that they have made. - -"There shall be neither slavery "The Philippines are ours and -nor involuntary servitude in the American authority must be su- -said territory otherwise than in the preme throughout the Archipelago. -punishment of crimes whereof the There will be amnesty, broad and -party shall have been duly liberal, but no abatement of our -convicted."--NATHAN DANE. rights, no abandonment of our - duty. There must be no scuttle -"Neither slavery nor involuntary policy."--WILLIAM McKINLEY. -servitude, except as a punishment -for crime whereof the party shall "The flag of the Republic now -have been duly convicted, shall floats over these islands as an -exist within the United States, or emblem of rightful sovereignty. -any place subject to their Will the Republic stay and -jurisdiction."--ABRAHAM LINCOLN. dispense to their inhabitants the - blessings of liberty, education - and free institutions, or steal - away leaving them to anarchy or - imperialism?"--WILLIAM McKINLEY. - - "Any slave in the Archipelago of - Jolo shall have the right to pur- - chase freedom by paying to the - master the usual market price.-- - Article 10, of the McKinley treaty - with the Sultan of the Sulu Isles. - -I leave three questions with you. - -Is a vote for President McKinley and his policy in the Philippine -Islands a vote in harmony with the teachings and examples of Nathan -Dane and Abraham Lincoln? - -Is the policy of President McKinley consistent with the history of the -county of Essex? - -Shall your representative stand for Nathan Dane and Abraham Lincoln -and Freedom, or for William McKinley and Despotism? - - -THE END - - -INDEX [omitted] - - - - - -End of the Project Gutenberg EBook of Reminiscences of Sixty Years in Public -Affairs, Vol. 2, by George S. 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