Reminiscences of Sixty Years in Public Affairs Volume I Part 7

XII THE LEGISLATURE OF 1847

At the meeting of the Legislature of 1847, some new members appeared.

Caleb Cus.h.i.+ng came from Newburyport, and Fletcher Webster, and J.

Lothrop Motley from Boston. The Democrats of Boston and vicinity were then engaged in raising and equipping a regiment for Mexico. Cus.h.i.+ng was Colonel of the regiment and Edward Webster, a brother of Fletcher, was the Captain of one of the companies. On the first day of the session Cus.h.i.+ng introduced an order to appropriate twenty thousand dollars to aid in equipping the regiment for service. The order was referred to a special committee of which Cus.h.i.+ng was made chairman.

I was put upon the committee and the majority were friends of the measure.

Upon the report a discussion sprang up which was partisan with a few exceptions. Conspicuous among the exceptions was Fletcher Webster.

Webster supported the appropriation in a speech of signal ability. His drawback was the disposition to compare him with his father. Fletcher was aware of this, and I recollect his remarks upon the subject at an accidental meeting on Warren Bridge. Fletcher was rather undersize, and he spoke of that fact as a hindrance to success in life, in addition to the disposition to compare him with his father. In his speech he made a remark not unlike the style of his father. Addressing himself to his Whig friends, he said that they would be required to explain their opposition to the measure, and added, "and explanations are always disagreeable." My acquaintance with Fletcher Webster, was the introduction to a limited acquaintance with his father, and it led to an act on the part of Mr. Webster which was of signal importance to me.

Mr. Cus.h.i.+ng remained in the House until the loss of the appropriation, when he left for Was.h.i.+ngton. President Polk gave him a commission as a Brigadier-General, and he left for Mexico.

Motley was chairman of the Committee on Education, and as Chairman he reported a bill to divide a portion of the proceeds of the Maine lands, among the three colleges of the State. Theretofore they had been added to the Common School Fund. As a member of the committee, I opposed the measure, and the bill was lost. The subject is mentioned in Holmes'

Life of Motley, and a letter of mine is printed therein. I had no idea at the time that Motley had any feeling on account of his defeat, but Mr. Hooper informed me that it led him to abandon politics. If so I may have been the unconscious cause of a success in literature which he might not have attained in public, political life.

At this session I inaugurated a movement for the reorganization of Harvard College. The contest was continued in 1848, '49 and '50. In 1851 I was elected Governor and the Legislature, under the lead of Caleb Cus.h.i.+ng, pa.s.sed a bill by which the overseers of the College were made elective by the Legislature. It was a compromise measure, and its immediate results were not favorable to the College. The lobby became influential in the selection of overseers and unemployed clergymen of various denominations were active in lobbying for themselves. After a few years' experience the election of overseers was transferred to the Alumni, with whom the power still remains. The bill which I introduced, the reports and arguments which I submitted to the House, aimed at the reorganization of the corporation and the election of the corporators by the Legislature.

In the years 1849 and 1850 the town of Concord was represented by the Hon. Samuel h.o.a.r, and he led in the defence of the College. He was no ordinary antagonist. First and last I have been brought into compet.i.tion with many men of ability, and I have not often met a more able reasoner. He spoke without notes, his only aid being his pocket knife which he held in his right hand and dropped by regular processes into his left hand, where he changed the ends of the knife and then resumed the automatic process.

My own argument I have not read for many years, but it is not unlikely that it contains as much ingenuity as can be found in any argument that I have ever made. The movement attracted a good deal of interest in the State. The College was in control of the Unitarians exclusively, and it was far from prosperous. The final change of the Board of Overseers gave a popular character to the inst.i.tution, and it was one of the elements of its recent prosperity. For the moment the managers of the College were very hostile to me, but in the course of ten years all feeling had disappeared, and I enjoyed the friends.h.i.+p of Presidents Sparks, Felton, and Walker.

The College conferred upon me the degree of LL.D. in 1851. That honor had no significance as it was given to every person who was elected Governor and that without regard to his learning, attainments, or services.* Subsequently, however, I was elected a member of the American Academy of Arts and Sciences by the votes of those who were controlling the College. In 1861 I was invited to deliver the Phi Beta Kappa oration, and I was then made a member of the society. Since the opening of the war I have been at Cambridge on two or three occasions only, and my present acquaintance with the persons in power is very limited.

From 1844 to 1850 I received from Governor Briggs several appointments.

In 1845 or '46 the Legislature pa.s.sed an Act authorizing the appointment of railway commissioners. Governor Briggs sent me a commission, which I declined. The Board was never organized, and the act was soon repealed. I was also appointed a member of a commission on Boston Harbor. At the time the public were anxious about the fate of the harbor in consequence of the drainage into it by Charles River, and numerous minor channels. It was not then understood that all deposits by drainage could be removed by dredging. The members of the Commission were Judges Williams, Hopkinson, c.u.mmins, the Hon. Chas.

Hudson and myself. The three judges had then recently lost their offices by the abolition of the court of common pleas. Mr. Hudson had then recently left the United States House of Representatives, but whether voluntarily or upon compulsion I cannot say. He was a clergyman, a Universalist, but at an early age he had abandoned his profession for politics. After serving in the Ma.s.sachusetts House, Senate and Council, he was elected to Congress from the Worcester district, for which he sat during four Congresses. He was a man of solid qualities without genius of any sort. He was distinguished in Congress as a Protectionist, and his speeches on the tariff question were widely circulated by the Whig Party. They were filled with statistics, and like all arguments based on statistics, they were subject to a good deal of criticism by the advocates of free trade.

The three judges were respectable, clear-headed gentlemen. Of c.u.mmins the story is told that, when for the first time a plan of land was introduced in a real-estate case, he refused to consider the doc.u.ment, saying: "I will not allow a case to be won in my court by diagrams."

Williams had been chief justice of the common pleas court and he was estimated as the superior among his a.s.sociates upon the bench. Judge Hopkinson was from Lowell, where he had been a favorite of the ruling cla.s.s in that city. He was a man of moderate ability. The work of the commission continued through several months, and some of its recommendations were adopted by the Legislature.

As the charters of all the banks in the State were to expire in 1850 or 1851, in the latter year, I think, the Legislature authorized the appointment of a board of commissioners for the examination of the banks. The Governor and Council appointed Solomon Lincoln, of Hingham, Joseph S. Cabot of Salem, and myself.

Mr. Lincoln was a kind, capable man of considerable learning, especially in Old Colony history and genealogy. His first question to bank officers often related to them personally, and when he found a man who traced his line to the Old Colony, he pressed him with questions until his whole history was disclosed. Mr. Cabot sometimes antic.i.p.ated Mr. Lincoln, by saying at once, when we entered a bank, "Is there anybody here from the Old Colony?"

Mr. Cabot was a bachelor of fifty, and his ways were often odd, and occasionally they were disagreeable. He had a custom of never locking his sleeping-room door. Of this he often boasted. When we were at the American House, Worcester, Mr. Cabot said upon his appearance in the morning: "A very queer thing happened to me last night. When I got up my clothes were missing. At last I opened the door, and there they were in the hall. I supposed that I had been robbed. But I am all right," taking his wallet from his pocket. I said: "Have you looked in your wallet?" He opened it to find that the money had disappeared.

We ventured to suggest that for a bank commissioner, he had not shown a great amount of shrewdness.

In the years 1849 and 1850 the commission examined all the banks in the State. Only one was found insolvent, a bank at Pawtucket on the Rhode Island line. The cas.h.i.+er, named Tillinghast, had been persuaded by a man named Marchant, of Rhode Island, to loan money without the knowledge of the officers of the bank. The loan, at the time of the discovery, amounted to sixty thousand dollars.

Upon the examination it appeared that there was a slight surplus of funds over the amount required by the statement. We insisted upon another examination. The cas.h.i.+er then reduced the balance by the statement that certain notes sent forward for collection had been discounted. It was impossible, however, to make the two sides of the account equal each other. At the end of the second day the cas.h.i.+er confessed the crime, and transferred his private property to the bank.

Marchant did nothing. He came to the Rhode Island edge of the bridge, where we had some consultations with him, but without any result advantageous to the bank.

In 1847 I was a member of a joint committee to investigate the subject of insanity in the State, and to visit asylums in other States, the object being the erection of a second hospital for the care and treatment of the insane. At the time the only asylum under the control of the State was that at Worcester. There was a second at Somerville for the treatment of private patients. This was under the control of the Ma.s.sachusetts General Hospital. The hospital at Worcester was under the management of Dr. Woodward, and each years for many years the reports had set it forth as a well organized and well managed inst.i.tution. At the beginning of our labors we visited the Worcester Hospital. I was then ignorant of the treatment of the insane, but I was shocked by the sight of women in the cells in the bas.e.m.e.nt, who had no bedding but straw, and some of whom had no clothing whatever.

The committee visited the McLean Asylum at Somerville; the Butler Hospital, Rhode Island; the Utica and Bloomingdale Asylums, New York; the Trenton Hospital, the Kirkbride Hospital, and the Philadelphia Alms House, and in none of these inst.i.tutions did we find any person naked or confined in a cell. The furiously insane were dressed, the arms were tied so as to limit the use of the hands, and the hands were covered with padded mittens. The Worcester Hospital was the poorest inst.i.tution of all. Our chairman, the Rev. Orin S. Fowler, afterwards a member of Congress, was very indignant, and his report to the Legislature aroused the State from its delusion in regard to the Worcester Hospital. We examined many sites for the contemplated new hospitals, but the Legislature postponed action.

During the year 1847 I was a member of a committee to examine and report upon the securities held by the State. These securities were chiefly the property of the Common School Fund, and they had been derived from the sales of public lands in Maine owned jointly with that State under the agreement made at the time of the separation.

Among these securities was a mortgage upon the property of Nathaniel J. Wythe, at Fresh Pond. Mr. Wythe had been a trapper for John Jacob Astor, and he had published a pamphlet upon the region of the Rocky Mountains. Elisha H. Allen afterwards our Consul to Honolulu, and then Chief Justice of Hawaii, and more recently Minister from that country to the United States, was a member of the committee. Mr. Allen and myself were at Fresh Pond together and under the lead of Wythe we went to one of his large ice-houses. The month was August and the men were engaged in removing ice from the house for loading upon the railway cars. From the top of the house to the ground floor must have been sixty feet or more. The cakes of ice were sent down in a run, and by the side of the run there was a narrow foot track, over which the men pa.s.sed. Mr. Wythe with a lantern led in going up the track to the height where the men were at work. Allen followed and I was behind Allen. When we had ascended about one third of the way, the men above sent down a cake of ice that seemed at first view to threaten the pa.s.sengers on the side track. Allen stepped back and fell outside the track and disappeared in the darkness. The men were called and by the aid of lights Allen was found in a pit about ten or twelve feet in depth that had been made by removing ice. By the help of a ladder he was taken out, much frightened, but not injured seriously. Mr. Allen was the son of Sam. C. Allen of Northfield, formerly a member of Congress. Mr. Elisha H. Allen was elected to Congress in 1840 from the Bangor district, State of Maine. He went to Hawaii in 1849 and he returned in 1851 or 1852. Upon his return I had several interviews with him as he lived at the Adams House, Boston, for a time, where I was then living. From him I received the impression that he was authorized to say to the Secretary of State that the authorities of Hawaii were prepared to enter upon negotiations for the cession of the Island to the United States. I understood from Mr. Allen that Mr.

Webster did not look with favor upon the scheme. In later years I renewed my acquaintance with Mr. Allen. He was a man of quick perceptions, of much general information, and as a debater in the Ma.s.sachusetts House of Representatives his standing was always good.

As to his integrity it was never brought into question.

[* I was elected a member of the American Academy on my birthday, 1857.

J. Lothrop Motley and Charles Francis Adams were elected at the same time.]

XIII LEGISLATIVE SESSION OF 1848--FUNERAL OF JOHN QUINCY ADAMS

The chief incident of the Legislative session of 1848 was the funeral of John Quincy Adams. Mr. Adams died in February, 1848. There were then twenty-four States in the Union and the House of Representatives selected one member from each State to accompany the remains of Mr.

Adams to Ma.s.sachusetts. Of these members I recall Talmadge of New York; Newell* of New Jersey; Kaufmann of Texas; Morse of Louisiana; Wentworth of Illinois; Bingham of Michigan; and Holmes of South Carolina. The Ma.s.sachusetts Legislature appointed a committee of the same number to receive the Congressional Committee. Of that committee I was a member and George T. Bigelow was the chairman. Our first thought was of a hotel and the entertainment of the Committee.

The feeling in regard to temperance was active and we foresaw that the doings of the committee would be subject to criticism. Finally, Bigelow suggested that we should go to the Tremont House and say to the landlord that we wished him to provide suitable rooms and entertainment for the Congressional Committee. This we did, and nothing was said about wines. At the end we found that the bill was a large one, and that the item of wines was a very important item. It was paid by the Governor and Council, and as one member of the committee I was ignorant of the amount. The reporters made vain attempts to ascertain the facts. A portion of our committee met the Congressional Committee at Springfield. Many additions had then been made to the twenty-four. At Worcester, and perhaps at other places, speeches were made to the Committee by the local authorities and speeches in answer were delivered by members of the Committee. Mr. Holmes of South Carolina, was one of the speakers. He was an enthusiastic man, and he was endowed with a form of popular eloquence quite well adapted to the occasion.

I was a.s.signed to the charge of Mr. Wentworth of Illinois. His height was such that he was already known as "Long John." We sat together in the train for Quincy on the day of the funeral. He was a good natured man, whose greatness was not altogether in the size of his body. His talents were far above mediocrity, indeed, nature had endowed him with powers of a high order, as I had the opportunity to learn when we were a.s.sociated in Congress.

Two banquets were given to the Committee, one by the State at the Tremont House, and one by the City of Boston at the Revere House. The notable event at the Revere House was the speech of Harrison Gray Otis.

Mr. Otis was then about eighty years of age. He was a well preserved gentleman, and in his deportment, dress and speech he gave evidence of culture and refinement. He had been a Federalist and of course he had been a bitter opponent of Mr. Adams. He seized the occasion to make a defence of Federalism, and of the Hartford Convention. While Mr. Adams was President, he had written a pamphlet in vindication of a charge he had made, in conversation with Mr. Jefferson, that, during the War of 1812 the Federalists of New England, had contemplated a dissolution of the Union, and the establishment of a northern confederacy. This charge Mr. Otis denied and he then proceeded at length to vindicate the character of the old Federal Party. He was a gentleman of refinement of manners, but as I sat near him at the Revere House dinner, I overheard enough of his private conversation with Holmes of South Carolina, to satisfy me that he had a relish for coa.r.s.e remarks, if they had in them a flavor of wit or humor.

The old controversy between John Quincy Adams, and the Federalists of Boston, once saved me, and helped me to escape from a position in which I found myself by an indiscretion in debate. In 1843 the office of Attorney-General was abolished, by the active efforts of the Democrats aided by the pa.s.siveness of the Whigs. The Democrats thought the office unnecessary, the Whigs were content to have it abolished, that the party might get rid of the inc.u.mbent, James T. Austin. At a subsequent session of the Judiciary Committee, of which George Lunt was a member, he reported a bill for the establishment of the office. Mr.

Lunt was a poet, a lawyer, and a politician, and without excellence in either walk. In public life he was dest.i.tute of the ability to adapt himself to his surroundings. In those days the farmers const.i.tuted a majority of the House. They were generally men of intelligence, and they held about the same relation to the business of the House, that juries hold to the business of the Courts. They listened to the arguments, reasoned upon the case, and not infrequently the decision was made by them. Occasionally they gave a verdict upon a party question, adverse to the arguments of the leaders of the party in power. In his opening argument, Mr. Lunt was unwise, to a degree unusual even for him.

The question he maintained was one which lawyers alone were competent to understand, and he also maintained that the majority of the House ought to accept their views. "The question" said he "is _sui generis."_

I was opposed to the bill. At that time Richard Fletcher, then recently a member of Congress, had been engaged in a controversy with the Boston _Atlas,_ a leading organ of the Whig Party. A question of veracity was raised and to the disadvantage of Fletcher. Thereupon he resigned his seat in the House and returned to Ma.s.sachusetts.

Mr. Frank B. Crownins.h.i.+eld was opposed to the bill, and anxious to secure its defeat, but he was unwilling to take the responsibility of contributing openly to that result. Privately he informed me that the purpose was to make a place for Fletcher. In the course of my remarks, in reply to Lunt I said that if the object of the managers was to provide a place for a man who had fallen into discredit, in another branch of the public service, then as far as I knew, the bill was _sui generis._

Several members, among them General William Schouler, disclaimed all knowledge of any arrangement such as I had referred to. These a.s.sertions of ignorance were not troublesome, but Otis P. Lord, of Salem, rose and after many personal compliments said "I call upon the member from Groton to give his authority for the suggestion he makes in regard to the purpose of this bill." At that moment my mind reverted to the controversy between Adams and the Federalists.

In 1825 or 1826 Mr. Jefferson wrote a letter that was printed in the _National Intelligencer,_ in which he gave his version of statements made by Mr. Adams. Among others he said that Mr. Adams had told him that he had evidence of the purpose of the Federalists during the War of 1812 to secure a dissolution of the Union, and the organization of an eastern confederacy.

Mr. Adams wrote a letter in which he explained some of Mr. Jefferson's statements, but of this he took no notice. Its accuracy, therefore, was admitted. Thereupon the Federalists of Boston, wrote to President Adams, demanding his authority for the statement. That authority he refused to give. Alluding to the many names appended to the letter of the Federalists, he said: "No array of numbers or of talent shall induce me to make the disclosure sooner than my sense of duty requires, and when that time arrives, no array of numbers or talent shall deter me from it." After some remarks intended to connect the Whig and Federal parties I repeated the conclusion of Mr. Adams' pamphlet and made my escape in the smoke. Crownins.h.i.+eld sat upon the dais in front of the speaker during the debate. I made no allusion to him, for I commanded my faculties sufficiently to enable me to realize that if he denied my allegations the denial would be fatal to my standing, and that he would be seriously injured if he accepted my statement. The event taught me a lesson, and thenceforward I have avoided all reference in debate to private conversations.

[* Mr. Newell is the only member living, March, 1901.]

XIV THE LEGISLATURE OF 1849

In the year 1849, two men were elected to the Ma.s.sachusetts House of Representatives who have had conspicuous careers in the State and nation,--General Nathaniel P. Banks and Henry L. Dawes. General Banks had genius for politics and the generalities of public affairs. As an orator he was peculiar and attractive to an unusual degree. For a long period his popularity was great in his town and district, and finally in the State. A long life was the possession of General Banks, and I have only to consider how its opportunities were treated, and its duties performed. The beginnings of his life were humble enough, but the beginnings of life, whether humble or otherwise, are of no considerable consequence to strong characters.

General Banks' public career began with his election to the Ma.s.sachusetts House of Representatives, when he was far along in his thirty-third year. His eminence as a debater and his pre-eminence as a parliamentarian, were established without much delay, and in 1851 he was raised to the speaker's chair. In 1852, he was again elected speaker of the house, and in 1853, and without debate, he was chosen to preside over the Const.i.tutional Convention. He was then elected to Congress, and thenceforward he was a conspicuous personality in the great events of the war; both on the civil and military side of affairs. He achieved distinction in the Thirty-third Congress, and after a long and bitter contest in the Thirty-fourth Congress, he was elected speaker of the House of Representatives. His a.s.sociates in that House gave him rank next to Mr. Clay, and through tradition that rank is still accorded to him.

During his administration as Governor of the State, from 1858 to 1861, he made military preparations for that contest of arms, which even then was thought by some not to be improbable and by a few thought to be inevitable. It was during that period that he delivered the address at the dedication of the Museum of Comparative Zoology at Cambridge. The address met most fully the expectations of the authorities at Cambridge, and it gave General Banks standing as an orator when Ma.s.sachusetts had orators--Everett, Choate, Phillips, Hillard,--and when Harrison Gray Otis and Webster had not been forgotten.

At the opening of the war Mr. Lincoln tendered to General Banks a commission of the first rank, and a command of corresponding importance. He had not received a military education, and he was without experience in military life. His selection was due to a general and well founded opinion that he possessed military qualities, courage and decision, and that he was inspired by a deep devotion to the Union. General Banks was a firm believer in the justice of our cause, and he was animated by an unbounded confidence in our success,-- a confidence which was not impaired in the darkest days of the Civil War. After the pa.s.sing of a third of a century, a review of the entire field on the Civil side does not reveal a character more worthy than General Banks of high military command. In all the vicissitudes of his military career, and success did not always wait upon his undertakings, he never lost the confidence of Mr. Lincoln, nor Mr. Stanton, who was the most exacting of men, whenever an officer failed in his duties.

General Banks' military career may be considered in three parts. As to the campaigns of 1861 and 1862, on the Potomac, and in the valley of the Shenandoah, it is to be said that his fortunes were in the main the fortunes of McDowell, McClellan, and Pope, yet even in the presence of general disaster, he gained distinction by his courage, resolution, and equanimity of temper. The capture of Port Hudson, undertaken and accomplished under his command, opened the Mississippi River below Vicksburg to military operations and to business intercourse. The event was second only in importance to the surrender of Vicksburg.

The Red River campaign was an ill advised undertaking, for which General Banks was in no degree responsible. Indeed, he advised against the movement. This I say upon his specific statement made to me. The undertaking was a great error. There never was a day after April, 1861, when it was not apparent that the south-western portion of the union, beyond the Mississippi River, would yield whenever that river was opened to the Gulf, and the army of Lee had capitulated. Hence the unwisdom of the undertaking. It is sufficient to say that nothing occurred in that campaign which was discreditable to General Banks.

The obstacles were too great to have been overcome, and nothing in the nature of success could have been attained by Sherman or Grant. I turn again to the aspect of General Banks' career on the civil side.