Autobiography of Charles Clinton Nourse Part 4

CHAPTER V

SOME IMPORTANT LAW SUITS

It is not within the scope or purpose of this writing to enter into or discuss the merits of the various suits in which I was employed. I cannot, however, give any idea of the fifty years of my life during which I was engaged in a number of important suits, without reference to their nature and character, and the management to which I attributed important results.

In the latter part of the year 1864, whilst in attendance at the supreme court at Davenport, I was retained by the Chicago & Northwestern Railroad Company, in company with Mr. Thomas F. Withrow, to a.s.sist the general counsel of that corporation in a suit, then recently brought in the United States circuit court for the southern district of Iowa, enjoining the company and its agents and employees from putting a certain span of their bridge across the Mississippi river at the town of Clinton, Iowa. Mr. James Grant of Davenport and a Mr. Lincoln of Cincinnati had been employed by the river interests to prevent the completion of this bridge on the ground that it would prove an obstruction to the navigation of the river. Mr. Withrow and myself spent a day in examining the alleged obstruction to navigation, the company furnishing us a steamboat in which we pa.s.sed through the piers on which the drawbridge was to be placed. We returned to Des Moines late Sat.u.r.day evening. The United States circuit court at Des Moines met the following Monday. On Sunday Mr. Withrow went to his office and carefully examined the statutes of the United States relating to the powers of the court in granting injunctions. He sent for me in the afternoon. On examination we ascertained that the statute of the United States contained a peculiar provision, not known to the practice in our state courts. It provided that when an injunction was granted in vacation by the judge of the district court of the United States, it should remain in force only until the close of the ensuing term of the circuit court; that if the injunction was granted by one of the judges of the supreme court or a judge of the circuit court of the United States, it should remain in force until it was dissolved by the order of the court. We immediately opened telegraphic communication with General Howe, who was then attorney of the Chicago & Northwestern Railroad Company, and had in charge the defense of the case. He and Judge Grant, it seems, had been engaged in taking depositions and procuring evidence with reference to the question of obstruction of the navigation by the existence of these piers in the river, and both General Howe and Mr. Grant appeared to be acting upon the hypothesis that it was necessary for the defense to make a motion and showing for the dissolution of the injunction. We called the attention of General Howe to the provisions of the United States statute, and as we were well acquainted with the peculiarities of Judge Grant we advised that if we did nothing upon the part of defense at the ensuing term of court, it was probable that Grant would take no action in the matter and the injunction would stand dissolved at the close of the term by operation of law. On examination of the question General Howe agreed with our conclusions, and we then arranged that he take the train on Monday morning and come as far as Ames, Iowa, bringing with him all evidence, depositions, and papers that we might need in case there was to be any hearing before the court; that General Howe should occupy a boxcar at Ames and not subject himself to personal observation, whilst we would take charge of the interests of our client at Des Moines and do nothing save to let the law take its course, and we would advise General Howe by telegram if Judge Grant woke up and attempted to obtain any order of court continuing the injunction. Judge Grant was in attendance upon the court, and several times inquired after General Howe, stating that he was expecting him daily. Day after day of the term pa.s.sed and nothing was done. Finally, the business of the term being disposed of, Justice Miller, then justice of the supreme court of the United States and presiding, announced that if there was no further business before the court the term would be adjourned. Judge Grant addressed the court and stated that he had been waiting during the entire term expecting the appearance of General Howe; that he understood that Messrs. Nourse and Withrow had been employed in behalf of the defendants, but no motion had been filed with reference to the injunction in the case against the bridge company or railroad company, and he wished to know whether or not we intended to do anything. Mr.

Withrow looked at me and placed upon me the responsibility of replying to judge Grant's remarks. I said that it was true that Mr. Withrow and myself had been employed in the case, but only as local counsel and the only authority we had was to act under the instructions of the general counsel of the railroad company, General Howe; that we had no authority or direction to file any motion in the case, and I added very meekly that if any harm should come to our clients by reason of any neglect in the matter the responsibility would rest entirely with General Howe and not with my Brother Withrow and myself. Upon this Judge Grant announced that he had to go to Washington City upon professional business immediately upon adjournment of the court, and he would not consent that any motion would be heard in regard to the injunction matter in vacation. This closed the event and the court adjourned sine die. As Judge Miller pa.s.sed out of the court house down the stairs, Judge Grant having previously left the room, Mr. Withrow could hardly contain himself and burst into uproarious laughter and attracted the attention of Judge Miller, who looked over his shoulder and remarked good-naturedly that he supposed Judge Grant did not understand us. As previously arranged, the mechanics engaged in the bridge construction had carefully prepared their timber and every bolt necessary for the span that should make up the drawbridge between these two piers. Judge Grant went his way to Washington, and upon his return to Iowa three weeks afterwards he found the cars in operation crossing the bridge. He immediately went to Judge Love, and making the necessary affidavits for contempt of court, obtained warrants for the arrest of the parties engaged in constructing the bridge. Without disclosing what our knowledge and view of the law was upon the subject, the parties at once gave bond and security for their appearance at the next term of court to answer the charge of contempt. When the next term of court convened, Justice Miller and Judge Love presiding, I made the necessary motion to discharge the defendants upon the ground that the injunction had been dissolved by operation of law immediately upon the adjournment of the prior term of court, and there being no injunction in force, the completion of the bridge did not const.i.tute any contempt of court. The motion was sustained and the defendants discharged.

Judge Howe and Judge Blodgett of Chicago were so delighted with the result, that they telegraphed to Chicago for a case of wines and inviting Judge Grant and Mr. Lincoln of Cincinnati, who represented the plaintiffs in the case, into our room, we spent a very merry evening together and all seemed to enjoy the evening save Judge Grant who could hardly forgive himself for his over-confidence which had resulted fatally to his clients.

During the evening many excellent anecdotes were indulged in: among others was one by Judge Blodgett for the benefit of plaintiff's counsel. He said in the early history of the lawyers who were in the habit of traveling the circuit in Illinois, they had a gentleman come among them who would never admit that he had made a mistake. The attorneys were accustomed to amuse themselves in the evening at the hotel, and among other amus.e.m.e.nts they had a game called "kicking the slipper," which consisted in inducing some green victim to put a slipper upon one foot and attempt to throw it into the air and kick the slipper with the other foot before it reached the floor. One evening they induced the over confident attorney to undertake the experiment, with the result that he came flat upon the floor in the attempt to kick the slipper with the other foot. The other lawyers thereupon greeted him with a hearty round of laughter, but he sprang to his feet and said to them, "Now, gentlemen, you needn't laugh, you needn't think you fooled me, for I want you to understand that I had no sooner struck the floor before I understood that it was a trick." Mr. Lincoln was a merry, good-natured man and enjoyed this anecdote at his expense very much, but Judge Grant hardly saw the application of Judge Blodgett's anecdote.

At the next session of congress the railroad company obtained the pa.s.sage of a law const.i.tuting the bridge a part of the mail route of the United States, and the court subsequently dismissed the plaintiff's case. Thus we were successful in gaining our case by knowing when it was best to do nothing. The use of the bridge was invaluable to our clients, and the railroad company sent me a draft for two hundred dollars as compensation for the short speech I had made advising Judge Grant in the court that we had no instructions to do anything in the case, and the responsibility of our failure to do anything, if injurious to our client, would rest with General Howe, attorney in chief of the road.

Whilst upon this question of management I will give you an account of another case of some importance that resulted in our complete success because we did something that we did not learn out of any of our law books.

A certain young woman in the last stages of consumption had been turned out of the house of her near relatives, and compelled to take up her quarters in a second-cla.s.s hotel in Des Moines during her last sickness. She had made a will in which she willed to the Catholic priest of the city, Father Brazil, a valuable tract of land for the use and benefit of the Catholic church. After her death her relatives, who had neglected her shamefully during her sickness, brought suit to contest the validity of this will upon the ground of undue influence on the part of Father Brazil, and mental incapacity on the part of the deceased. Judge Kavanaugh, a young bachelor then about thirty years of age and a member of the Catholic church, and since then judge of the court in Chicago, Illinois, had been employed by Father Brazil to defend the suit, and he subsequently came to me and retained me to a.s.sist him in the trial of the cause. During the sickness of the deceased she had employed a professional nurse, a young woman about thirty years of age. We were informed before the trial came on that the relatives who were contesting the will had been very courteous and kind and generous toward this young nurse woman, and during the holidays had made her valuable presents in consideration of her kindness to the deceased. At the opening of the term I noticed this young woman came into court, receiving the courtesies and attention of Judge Cole, who was counsel for the relatives that were contesting the will. She was rather a handsome woman, evidently intelligent and quick-witted, rather fond of admiration, and as she was to be the star witness for the other side of the case, I at once made up my mind that the whole case must turn upon her testimony. As the deceased had been frequently under the influence of opiates, administered by the physician for the purpose of relieving her suffering from time to time, it would be a very easy matter for a young woman gifted as this one was with facility of speech, to make the most of the incoherent utterances of the patient while under the influence of opiates. I foresaw that it would not do to subject this young woman to a severe cross-examination or say anything that implied that we doubted her honesty or veracity, and yet something must be done or we were sure to lose our case. I took my young bachelor friend, Judge Kavanaugh, to one side and told him wherein we were in danger, and as he was a member of the same church and was himself an Irishman, and had no doubt "kissed the Blarney stone," it was absolutely necessary for him to cultivate the acquaintance of this witness, even to the very verge of proposing matrimony. I told him I could easily attend to the law of the case, the cross-examination of the witnesses, but this witness was outside my jurisdiction. He readily agreed to undertake the part of the case that I a.s.signed to him. He accompanied the lady to and fro from her hotel at every adjournment or sitting in the court, and she evidently was very much pleased with his attentions. I cautioned him not to talk too much about the case, but talk of other things that he would find probably more agreeable subjects of conversation to the witness and to himself. He performed his part so admirably that when Judge Cole called upon his star witness she proved a flat failure upon his hands. She said yes in answer to his questions, that when the deceased was under the influence of her opiates she was a little flighty, but that amounted to nothing, that when the influence of the opiate was gone she was perfectly rational and capable of understanding what she was doing at all other times. The result was that the jury found a verdict in our favor and the will was sustained. Judge Given, however, who was a member of the Presbyterian church, seemed to be disappointed at the result of the suit, and set aside the verdict and granted the parties a new trial. From this action of the court we took an appeal to the supreme court, and the supreme court reversed Judge Given's decision, holding that there was no evidence that would have justified the jury in finding against the validity of the will, and they remanded the cause with orders to the district court to render judgment in our favor. In conversation with Father Brazil after the case was over we were discussing the probable reasons that induced Judge Given to set aside the verdict of the jury.

I suggested that perhaps he had been reading Eugene Sue's remarkable work called _The Wandering Jew_. I asked Father Brazil if he had ever read that book. He smiled pleasantly and said yes, and when I expressed my surprise that he should indulge in such literature, he remarked very calmly that he always thought best to know what the world was saying about his church and people.

I will give here also next an account of the most important criminal case I ever defended. A man by the name of Yard had shot and killed a party by the name of Jones. He claimed that he pointed a shotgun over the shoulder of his wife at the time Jones was approaching his wife about to commit an a.s.sault upon her for an illegal purpose, when he fired the gun and Jones fell dead as a result. Jones had come onto the premises where Yard and his wife resided, having in each hand a bucket with which he was supposed to be intending to go to a well for water.

The buckets were found some distance, probably twenty-five or thirty steps from the door, and the prosecution claimed that the buckets indicated the place at which the deceased was at the time he was fired upon and killed. Yard and his wife were both in jail at the time I was sent for, and the first thing I did was to enjoin upon them the necessity of absolute silence and refusal to answer any questions or to communicate with any party or parties who might possibly thereafter testify against them. Upon a preliminary trial before the justice I waived an examination of the case and had the defendants enter bail for their appearance at court. A man by the name of Smith, who was the owner of the gun with which the deceased was shot and who had loaned it to Yard only a few days before, was indicted with Yard and his wife as accessory to the crime. As the defense in this case would depend entirely upon the testimony of Yard and his wife I at once appreciated the absolute importance of having these parties tell the exact truth without equivocation or invention. My experience as a lawyer had taught me that persons deeply interested in the result of the trial, partic.i.p.ating in a transaction such as the killing of another, are subject to such a state of nervous excitement that they frequently do not remember with any degree of accuracy the collateral facts and circ.u.mstances attending the more important events, and persons of ordinary intellect imagine it is important that they should be able to recollect and answer accurately every question that is made in regard to the collateral facts and circ.u.mstances attending the princ.i.p.al event, and almost invariably they invent answers to such questions and pretend to know what really they do not know and do not recollect. The result is that they involve themselves in contradictions and impossibilities, and let confusion destroy even the reliable and truthful parts of their evidence, and this was what I feared in this case. I was accused by some members of the bar and outsiders of training these parties as witnesses in their own behalf, and in one sense of the word it was true, but I only trained them to tell the truth, carefully eliminating from their story and had them eliminate everything that I was satisfied upon thorough examination was the result of their invention instead of their recollection. I first examined each of the parties separately and took down their statements carefully, and after comparing them tried to make up my mind as to what was absolutely true and as to what part of their story was invention. I then brought the parties together and discussed with them such parts of their story as I was satisfied had been supplied by them and had them admit and concede that they did not distinctly recollect the matter as stated. I repeated this process the third time. In some manners the man and his wife differed as to their recollections as to some things that had happened, and when I was satisfied that the difference was honest I made no effort to correct or to reconcile their statements, for my experience also taught me that absolute coincidence in every particular of their statements would tend rather to discredit than to confirm the truth of what they related. Another difficulty in the trial of the case was the excitable temperament of Mrs. Yard, and what I feared most was that the prosecutor by severe cross-examination might make her angry and she would display some temper and make some statement that would injure her case. When she was upon the stand under cross-examination by Judge Given, who was then the prosecuting attorney, I kept my eye upon the woman carefully. She was under examination at least three hours, and only once did the prosecutor succeed in exciting her so that she developed any pa.s.sion. He said to her in a very abrupt and preemptory manner, "Now please turn and face that jury and tell them that you removed those buckets from the doorstep to the place where they were found." As she turned in a pa.s.sion to face the jury, flushed with excitement, I was fortunate enough in catching her eye and fixing her attention a moment, when her pa.s.sion subsided, and in a very calm lady-like way she said, "Gentlemen, I did remove those buckets from the doorstep and place them out in the yard just as I have heretofore related." She said this in such a calm lady-like way that I was satisfied we had gained our case. I proved, of course, the bad character of the deceased and that he was a bad and dangerous man, and also the good character and reputation of the husband, which indeed had been and was unimpeachable up to that time. I examined in this case over seventy witnesses in behalf of the defense. The jury retired and were only out an hour or less, when they returned a verdict of not guilty.

In the latter part of the administration of Cyrus Carpenter as Governor of the state, the State Treasurer was also treasurer of the Board of Trustees of the Agricultural College. The two offices had no legal connection, and it was merely an incident that the same man had been elected to both positions--the one by the people of the state, and the other by the Board of Trustees of the college. The Trustees of the college in making their annual report to the legislature reported that their treasurer had proved a defaulter to the sum of about $27,000, and that they had, in order to secure the college, taken from him deeds for all his real estate including his homestead--all of the property save his homestead having, as they understood, been purchased by their treasurer with funds belonging to the college. About nine o'clock one evening I received a visit from the deputy treasurer of state who informed me that the legislature, then in session, had pa.s.sed a joint resolution, appointing a committee for the purpose of investigating the question as to what funds of the Agricultural College had been used, and also as to the proper administration of the funds belonging to the state in the state treasury; that the Treasurer of State and of the Agricultural College, being the same person, was about to be examined the next day by this committee of investigation, and upon advice of his friends he wished to employ counsel, and wished that I would act as his counsel in the matter, and particularly the deputy wished me that night to go with him and have a consultation with the treasurer. I accordingly accompanied him to the house of the party. I found him to be an old man probably between sixty and seventy years of age, white hair and beard, blue eyes, a fine stalwart frame, but laboring under intense excitement. I listened carefully to his story, in which the deputy frequently interpolated or supplemented the statements. The care with which both parties persisted that the funds were not state funds, but it was only the funds of the Agricultural College that had been wrongfully used or appropriated, made me fear that neither the princ.i.p.al nor his deputy were telling me all that they knew. I felt as Shakespeare says in one of his plays, "Methinks the person doth protest too much." We were standing in front of the fireplace and the light of the fire threw a peculiarly bright light upon the countenance of the treasurer, and the deputy remarked, "Now you understand these funds were in the hands of the treasurer of the Agricultural College, and that he did not use the state funds. If he was defaulter as Treasurer of State he could be punished by imprisonment in the penitentiary, but if he was only defaulter as treasurer of the Agricultural College that would be a different affair. Is it not so?" The State Treasurer was eyeing me very earnestly and watching carefully for my answer to the deputy's question. My answer was that I was not prepared to say that that was true, and the State Treasurer turned still paler and more nervous because my answer was not satisfactory. My conference lasted until after midnight. I returned home feeling very anxious for the old man, but still satisfied in my own mind that I had not heard the entire truth. The next day the committee of investigation, consisting of members of the house and senate, convened, and I was present when the State Treasurer was examined by them. The story was told very much as it was told to me the night before, some questions of a general nature were asked, but n.o.body seemed to understand the importance of knowing when and what particular fund had come into the hands of the treasurer as custodian of the funds of the college, or when or what particular amounts had been used or confiscated by him. The committee adjourned until next morning. That afternoon the house of representatives had pa.s.sed a joint resolution requesting the Attorney General to give an opinion as to whether or not a defalcation by the treasurer of the Agricultural College funds const.i.tuted a crime, and also instructed him that in case it const.i.tuted an offense he should at once commence a prosecution against the party in question. Fortunately, this action of the house of representatives offered me a good excuse or pretext at least, to have the treasurer refuse to answer any further questions by the investigating committee, and we accordingly withdrew him from the witness stand. Within the next day or two the deputy came to me and showed me a lot of memoranda made on slips of paper in his handwriting, containing certain figures, the aggregate of which amounted to the sum for which it was claimed the treasurer of the Agricultural College funds was in default. The deputy advised me that these slips had been kept in the state treasury vault and had been counted as cash items from time to time. Within a few days after that I had an interview with Dr. Welch, the president of the Agricultural College, and he stated to me that he was not satisfied that the funds that had been used by the treasurer were Agricultural College funds at all, and that the loss was saddled onto the college very much to the embarra.s.sment of that inst.i.tution, as they now had to wait for their money until such time as the property which had been turned over to the trustees could be turned into cash. He said he had a letter in his possession written by the deputy stating that the treasurer was away from home at that date and that he had not drawn the $30,000 theretofore appropriated by the legislature for the benefit of the college, but that the treasurer would return in a short time and that he would advise the president on his return. At my request the president furnished me this letter and its date, and I found upon comparing it with the date of the warrant drawn in favor of the treasurer of the Agricultural College for the $30,000 and the cancellation of that warrant; that is, when it was marked paid, that there was a wonderful correspondence between the date of the letter and the date when the warrant was marked paid. The deputy, at my request, had given me these slips of paper containing this memoranda and I had carefully locked them away in my iron safe, thinking that possibly they might be of future use. At the next term of the district court of Polk county the grand jury found two indictments against the State Treasurer, one as defaulter to the state of Iowa as Treasurer of State, and the other as defaulter to the State Agricultural College, but examining the minutes of the grand jury, I found that there was no evidence whatever before the grand jury that the State Treasurer had used any state funds at any time for any purpose, and the indictment of him as such a defaulter was not justified by any testimony taken by the grand jury. I immediately suspected that there was a secret hand at work intending that this old man should be convicted, if not of one offense, then of the other. Upon investigation I found that there had been some informality and illegality in drawing and impaneling the grand jury that found these indictments. On proper motion in court I had both indictments quashed and the matter continued for the action of the grand jury at the succeeding term of court. At the next term of court a new grand jury was impaneled, the foreman of which was a personal friend of the treasurer and a very honorable gentleman. He took occasion to suggest to me that it was very painful to him to have to find indictments against my client, the treasurer, but that he should certainly perform his duty in that respect. I said to him that that was all right, but it was not right for a grand jury to find an indictment against any man without some evidence before it, tending to show he was guilty of the particular crime for which they found their indictment, and told him that the former grand jury had indicted my client for defalcation as Treasurer of State without a particle of evidence, save and except that as treasurer of the Agricultural College board he had made default as to that fund. The result was that this grand jury brought in an indictment only against my client as defaulter as treasurer of the Agricultural College, and for unlawfully using and converting to his own use the funds of that inst.i.tution. The case was continued from term to term for several years, and in the meantime the property that had been turned over to the trustees had been converted into money, and the loss of the State Agricultural College had been made entirely good.

Still the indictment remained against my client and had to be tried and disposed of. The old man had given up his house and his home and there was much sympathy existing in the community for him, and a general impression got abroad that he was the victim of others who had unloaded some very unprofitable property upon him and induced him to invest in it with the expectation that it could be re-sold to advantage and the money refunded before it should be called for. Whether this was true or not and who the parties were that had induced the old gentleman to betray his trust, I do not know and have never tried to ascertain. The time came finally that the man was to be put upon his trial. He came into my office the day before the case was to be called for trial, looking pale and haggard, told me he had bid his wife good-bye and his boys and that he was prepared for the worst, that he supposed there was no hope for him, that he could endure it but it was hard on the family at home. I invited him into my private room and seating him at the opposite side of my table I said to him that for the sake of his wife and children I had made up my mind that he should be acquitted. He looked at me incredulously and asked what I meant, and how it was possible for him to escape conviction. He said he had already confessed his fault and they had his confession all taken down in writing before the investigating committee. I stepped to my safe and took out the memoranda that I had obtained from his deputy and laid them down before him. Looking him fully in the face, I said, "Tell me what those papers mean?" He asked me where I got them, and said he supposed they had been destroyed long ago. I told him no, that I carefully preserved them because it might be, as I thought, for his interest at some time or other to tell the truth, that there had been enough lies told about the business, and now probably the truth might save him. He asked what I meant. I said to him, "Here is a memoranda of the amounts that you took out of the safe that belonged to the state of Iowa. They never were in your hands as treasurer of the Agricultural College and you know it and you have known it all the time. You thought I was deceived, but I was not. I have known the truth and I hoped the time might come when the truth might benefit you more than the falsehood." I showed him the letter written by the deputy to President Welch. I had a memoranda of the date of the cancellation of the $30,000 warrant issued to him as treasurer of the Agricultural College. I looked him fully in the face and said, "You never had that money in your hands, you never received it, you were not at home when that warrant was cancelled, and you know it." He sighed deeply and said, "That is true, but I told a different story and now what am I to do?" I said to him, "All you have to do is to tell the truth." The old man took courage and told me that I had guessed the truth and it was true that he had never used a dollar of Agricultural College funds. Upon the trial I introduced in evidence the memoranda that had been kept in the safe of the State Treasurer, I introduced the warrant that had been issued by the auditor to the treasurer for Agricultural College funds, I proved by Dr. Welch the letter that had been written him by the deputy and the date of the transaction, and I satisfied the jury beyond a doubt that my client was not guilty of the only crime for which he then stood indicted, to-wit, defaulter to the Agricultural College funds. Judge Leonard, then upon the district bench, had been former prosecutor in the district and did not listen with complaisance to any defense which tended to acquit an accused person, but after wrestling with him for quite awhile he finally admitted my defense and the testimony sustaining it, and instructed the jury flatly that the defendant was not on trial as defaulter to the funds of the state of Iowa, but as defaulter as treasurer of the Agricultural College funds, and they must find him guilty of the latter or they must acquit him, and the jury brought in a verdict of not guilty. This result created quite an excitement in the community and throughout the state, and I acquired some reputation as a criminal lawyer, but few persons understood the real nature of the defense that was made or how it was that the defendant was acquitted in the case, and attributed it to some extraordinary ability upon my part, whereas in truth and in fact I only gained my case by insisting upon my client telling and proving that which was true and abandoning a falsehood that I suspected then and have ever since believed was invented for him in order that other persons should not be suspected of any guilty knowledge of what had really occurred. My client returned to his home, to his wife and children, at least free from a record of conviction for a felony.

CHAPTER VI

VISITS VIRGINIA RELATIVES

Soon after the close of the Civil War I went to Washington, D.C., for the purpose of arguing a case then pending in the supreme court of the United States. The court made an order advancing some important cases in which I think the government was interested, and this necessarily delayed the hearing of the cause in which I was engaged and left on my hands a week or more of leisure. I determined to improve the opportunity by going to Harper's Ferry and to Shepherdstown, West Virginia, for the purpose of finding and visiting some of my mother's relatives. I had an uncle, Charles Cameron, who had lived at Harper's Ferry when we left Maryland in 1841. I took the train to Harper's Ferry, and upon my arrival there ascertained from the hotel clerk that my uncle Charles had died a short time before the Civil War and that his family had removed to Washington. I asked the clerk if he could point out to me some old resident of the place from whom I could obtain information. Whilst talking with him a man entered the office to whom he recommended me as a person that could tell me all about Harper's Ferry before the war. From this gentleman I learned that my uncle, John Cameron, was living with a married daughter several miles over on the Maryland side, just under Maryland Heights. I walked out to the place and had a most delightful visit with him and his daughter, and son-in-law and family. My uncle was a tall, splendidly framed man, a fine specimen of the old Virginia gentleman, over six feet in height, with his faculties unimpared, a fine physique, and was then ninety-three years of age. He went with me the next day over to Shepherdstown, West Virginia, where we found still living and in fine health my uncle, Daniel Cameron, and wife, their daughter, their granddaughter, and their great-granddaughter, all living under the same roof. When Sunday came I went with my cousin to church and she took me to the Methodist Church South. At dinner that day I asked my uncle John if he had been to church. He said, "Certainly, sir." I asked him what church he attended. He answered, "The Methodist church." I turned to my cousin Susan and asked her if we had been to the Methodist church. She said, "Yes, _the_ Methodist Church South." I said to my uncle, "Then you were at the Methodist Church North?" "I attended, sir, the Methodist church of the United States of America." My cousin stepped upon my toes about this time under the table, from which I took the hint that the question of church north and _the_ Methodist church was rather a delicate subject to discuss in the family. I was pleased to find that my relatives had all been true to the cause of the United States and were earnest Union people, except the sons-in-law, who, being young men, were compelled to go into the rebel army.

I visited some of the old places where my father had formerly resided and where he had taught school, and I also visited the grave of my mother and grandmother Cameron in the village churchyard adjacent to the old brick building where I had attended Sunday school when a child.

I had arranged with a gentleman who had married my cousin, Ann Cameron, to go with him the next day by way of Sharpsburg, over to Boonesboro, Maryland, but that evening I received a telegram from the clerk of the supreme court advising me that my case would probably be called Monday or Tuesday, and I hastened back to Washington. After disposing of my business in Washington I made a visit to my brothers at Rushville, Ohio. Whilst here we received news of the nomination of General George B. McClelland as democratic candidate for the presidency in opposition to Mr. Lincoln, who had been nominated for his second term. An old acquaintance, Charles Wiseman, who was postmaster at Lancaster, came to see me at Rushville and told me they had posted me for a political speech that night, and he compelled me to go with him and fill the appointment. I found in Lancaster many old friends and acquaintances, boys who had been with me at school, and they gave me a hearty greeting. The old court house was filled to overflowing that night and I dispensed to them for over two hours the gospel of true Republicanism and loyalty to the country. We had a very enthusiastic meeting, and my old friend, John D. Martin, especially gave me a very hearty commendation.

Before my return home I also visited Millersburg, Kentucky, to see my sister Susan and her family. Her husband, William Vimont, had suffered some during the war. His negro cook and her grown boy had been emanc.i.p.ated by their own will, the fugitive slave law being then practically inoperative. Morgan, in his raid through the country, had also stolen Vimont's fine horse, which served somewhat as an antidote for the wrong that he felt had been visited upon him by the Union people. In pa.s.sing over from his house to the village of Millersburg two incidents occurred which served to ill.u.s.trate the state of affairs at that time in Kentucky. Upon reaching the turnpike near Mr. Vimont's house we met one of his uncles riding in a buggy, just coming out of the gate which led to his residence, and he informed us with much feeling and pa.s.sion that when he woke up that morning he discovered that there was not a n.i.g.g.e.r on his place, that he had no n.i.g.g.e.r at home to cook his breakfast for him, and that he had to "hitch up his own horse, sah." This last item appeared to be the culmination of his grief. A few hundred yards further we pa.s.sed a blacksmith shop, and upon the large door that const.i.tuted the entrance to the shop we found in red chalk the image of a man drawn, and the door within the lines of this image was full of bullet holes. Mr. Vimont informed me that the blacksmith, who was a violent secessionist, had been accustomed to amuse himself by drawing upon the door of the shop the outline of a person, calling it Lincoln, and then standing a short distance away, revolver in hand, gratifying his rebel heart by filling the image full of bullet holes.

It was during this visit to my brother-in-law that I urged upon him the propriety of selling his little farm and purchasing land in some western state and removing his family thither, which he finally did a few years later, when he removed to Tuscola, Illinois.

I attended religious services in the village on the Sabbath, and was much interested in hearing a sermon from the text, "Be not deceived, G.o.d is not mocked, for whatsoever a man soweth that shall he also reap." The sermon that the minister preached was by no means the same as my thoughts framed from this text when I thought of the desolation that I had witnessed through this state, and the effects of the dark shadow that was just then lifting from one of the fairest lands that a benevolent Creator had ever prepared for a people, but which the stupidity and cupidity of man had cursed with human slavery. The preacher appeared to be perfectly blind as to the crop that his audience had reaped from the fearful sowing of their fathers, or dared not mention even had he thought of it.

CHAPTER VII

PLEASURE TRIP TO COLORADO

In the summer of 1872 I joined a party of friends for the purpose of visiting Colorado. The party consisted of Judge Byron Rice, Doctor Ward, Alexander Talbott, Mr. Weaver, a druggist, and Monroe, a clothing merchant, and myself. We went by rail to Denver. We took with us a tent cloth, some blankets, buffalo robes, and bedding. At Denver we purchased a three-seated spring wagon and a pair of good mules. We also hired a teamster with another pair of mules and wagon, and bought a camping outfit, cooking utensils, and provisions. From Denver we went south to Colorado Springs. Our first camp south of Denver was at a place called Haystack Ranch, so called because there had never been a haystack on the ranch, but three immense boulders bore a striking resemblance to three haystacks, in the vicinity of which a settler had erected his buildings. A small mountain stream supplied him with the facilities of irrigating his land. He had built a fine large milk house, paved with flagstones and so arranged that he could turn the mountain stream of ice cold water on the floor of the building and thus regulate its temperature. He also had built an overshot water wheel with a small trough or flume and through this trough he turned the water onto his wheel from time to time as he wished it, and utilized its power to churn his b.u.t.ter. He milked about thirty cows, which he told us were fed entirely upon the buffalo gra.s.s in the valley near by among the foothills, and that he sent his b.u.t.ter twice a week to the city of Denver. The man was evidently living an easy, pleasant life, and getting rich without any severe toil or drudgery. The town of Colorado Springs was then a single street with a few straggling houses.

Within a few miles of it we found the newly laid out city of Manitou.

The surveyors were still at work surveying the streets. One large hotel was in course of erection and the valley up Cheyenne canyon contained about two hundred tents filled with invalids and health seekers. In this canyon could be found mineral waters of any temperature and almost any ingredients; princ.i.p.ally iron, sulphur, lime, and soda. On a beautiful plateau of ground near where the hotel was being erected we pitched our tent and made our camp for several days. We finally concluded to make the ascent of Pike's Peak. Besides the two mules that we had bought, we hired some ponies accustomed to the trail, except that Mr. Monroe, one of our party, declared that he was able to walk, and refused to be provided with other transportation. We proposed to go up the mountain to the timber line the first day, and stay all night, and the next morning attempt to reach the summit by sunrise, for the purpose of enjoying what we were a.s.sured would be a most magnificent view of the country. Judge Rice and myself were a little late in procuring our ponies, and the other four of the party started in advance of us, Monroe on foot. "Halfway," as it was called, up the mountain, we stopped for rest and refreshment at a little log shanty erected by two enterprising young men, who there supplied luncheon and sleeping accommodations to the traveling public. The trail at that time was barely visible to the naked eye, and the climbing was difficult and somewhat dangerous even with our trained animals. Several hundred yards before we reached the timber line, so-called, we found Monroe lying in the path and apparently almost lifeless. The rare mountain air had scarcely left him oxygen enough to preserve life, and he had succ.u.mbed to the inevitable. We found near the timber line a shelving rock or rather a large cavity in the rock, where we took up our quarters for the night. Carrying Monroe to this place and wrapping him in blankets, we infused life into him by administering several doses of brandy, of which Judge Rice fortunately had a small flask. A large pine tree had fallen across the outer edge of this rock against which we could place our feet to prevent slipping over its edge, and here we all tried to sleep. A fearful thunder storm came up in the night, but fortunately the storm was below us. It was indeed a grand sight to see the forked lightnings darting through the clouds below us, without any apprehension of their finding our retreat. Our sleep, however, was very indifferent. We had been in the territory only about ten days and our breathing apparatus had not adjusted itself to the necessities of a life in these alt.i.tudes. We fairly gasped for breath. In the morning when we awoke we found that we could take our ponies no farther on the trail, for there was none visible to the eye. The remainder of the journey to the top of the peak was necessarily a climbing over huge rocks scattered here and there without reference to the convenience of adventurers. We could walk or rather climb about one hundred feet between rests and then fall down under the shadow of a great rock to recuperate enough strength for a venture of perhaps a hundred feet more. After climbing about four or five hundred feet or more in this manner we each began to feel a roaring in the ears and a nausea of the stomach, and at last had the discretion to call council in which we unanimously concluded with old Falstaff, one of Shakespeare's heroes, that the better part of valor was discretion, and we concluded to return to the valley below and forego the magnificence of a sunrise view from the top of Pike's Peak. When we got back upon our way as far as the timber line where we had hitched our ponies, I found my pony had taken "French leave" and gone down on the trail without waiting for my valuable company. I was doubtful at first whether I should be able to walk to camp, which was then over eight miles from the place of our night's adventure, but I had not proceeded down the mountain a mile before my strength returned to me and my lungs filled with sufficient oxygen to restore my vigor. We all got back to camp safely, even including the dilapidated Monroe, and the consensus of opinion was that we were glad we went up Pike's Peak, but were more satisfied with the reflection that we did not have to go again. After another day's rest we took to the road with our mule teams and wagons, pa.s.sing over a beautiful mountain road up Cheyenne canyon. Every few hundred yards we pa.s.sed some beautiful cascade or water fall, formed by the dashing waters of some mountain stream supplied from the eternal snows that crowned the mountain peaks around us. Our road lay through the so-called South Park. On the high table lands before we reached this park we pa.s.sed through a forest of petrified wood. At one cabin, occupied by a gentleman who kept a small hotel, we found the foundation of his house made of this petrified timber, and his chimney and fireplace of the same material. We gathered a few specimens that we afterwards brought home with us. In South Park we pa.s.sed what was called the salt works. Here some English capitalist had built an immense plant for manufacturing salt. A natural spring that threw a constant stream of salt water, probably ten or twelve inches in diameter, supplied the water from which the salt was to be made. Large and commodious buildings with evaporating apparatus had been erected.

An expenditure of probably fifty or one hundred thousand dollars had been made. There was only one difficulty about this Utopian enterprise and that was that the salt had to be manufactured so far from civilization that it cost more to transport it than it would be worth when it reached the market, hence the enterprise had been an ignominious failure and had been abandoned.

Leaving this point we pa.s.sed through the South Pa.s.s of the Rockies and on to the headwaters of the Arkansas river. We went up this river to the town of Granite, that had been a thriving mining village when placer mining in these parts was profitable; thence we went to Twin Lakes, two small beautiful lakes of water among the mountains, where we camped and supplied ourselves with mountain trout. On the way we frequently shot mountain grouse. With our breakfast bacon and most excellent flour and potatoes, and our own improvised cooking and our excellent appet.i.tes, we all fared sumptuously every day. We returned via another route, pa.s.sing through Fairplay. Returning to Denver we sold our team and wagon for just its original cost, and paid our teamster with his outfit four dollars a day. We had kept an accurate account of our expenditures and found that $1.50 a day for each of us had paid all of our expenses, including our transportation, for our three weeks' trip. We made a trip then by rail and stage line, going first over to Idaho Springs, visiting that beautiful little valley, and some of our party going as far as Georgetown. Returning to Denver, we all came home by rail well satisfied with our trip, but when we struck the blue gra.s.s regions of Iowa and its fields of ripening corn, with the memories of the homes that we were nearing our hearts were made glad that we lived in a land of civilization and plenty.

CHAPTER VIII

CENTENNIAL ADDRESS

In the year 1876 the patriotic citizens of the state of Pennsylvania, and especially of the old city of Philadelphia, had conceived the idea of a world's fair to commemorate the great event of the world; to-wit, the declaration of the independence of the American colonies from the mother country. In planning this great exhibition the managers had invited the governors of the several states of the Union to appoint, each, one of their citizens to deliver an address in behalf of their state, giving something of its history and settlement, its resources and possibilities. In pursuance of this plan Governor Samuel J.

Kirkwood of Iowa did me the honor to appoint me to make the address in behalf of Iowa. I prepared such an address with considerable care, and delivered the same upon the exposition grounds on the 7th day of September, 1876. My cousin, Henry Clay Cameron, who was then professor of Greek at Princeton University, did me the honor to visit me at Philadelphia at this time and took luncheon with my wife and myself upon the exposition grounds; also Samuel F. Miller, justice of the supreme court of the United States came from Washington and was present on that occasion, and many other distinguished men. Among other gentlemen present were official representatives of a number of the governments and nations of Europe. The legislature of Iowa printed at the state expense some twenty thousand copies of this address, that were thereafter distributed among the people of the state. I have sent at their request to a number of the libraries in the different states printed copies of this address, and now the supply has been about exhausted and the doc.u.ment is about out of print, and I think I should give here a short synopsis of it.

[Ill.u.s.tration: _Charles Clinton Nourse_ From Photograph by W. Kurtz, Madison Square, New York, 1876]

The following is the introductory matter, stating something of the discovery of the territory that now const.i.tutes our state:

Mr. President, and Ladies and Gentlemen: On the 13th of May, A.D.

1673, James Marquette and Louis Joliet, under the direction of the French authorities of Canada, started from the Straits of Mackinaw, in their frail bark canoes, with five boatmen, "to find out and explore the great river lying on the west of them, of which they had heard marvelous accounts from the Indians about Lake Michigan."

From the southern extremity of Green bay they ascended the Fox river, and thence carried their boats and provisions across to the Wisconsin. Descending that stream, they reached the Mississippi on the 17th of June, and entered its majestic current, "realizing a joy," wrote Marquette, "that they could not express." Rapidly and easily they swept down to the solitudes below, and viewed on their journey the bold bluffs and beautiful meadows on the western bank of the stream, now revealed for the first time to the eyes of the white man. This was the discovery of Iowa.

The address then proceeds to give a short account of the first settlements in Iowa at Keokuk, Burlington, Davenport, and Dubuque, and also the settlements afterwards made at Council Bluffs and Sioux City, and cites the various treaties made from time to time between the government of the United States and the Indians, extinguishing the Indian t.i.tle. It also gives something of the topography of the country, and in regard to its resources and the natural fertility of the soil it contains the following:

We have now on exhibition in the Centennial buildings 15,000 pounds of Iowa soil, selected from forty-five different counties of our state. This exhibition shows a vertical section of the natural formation of the earth to the depth of six feet from the surface.

The selection has been made from _five_ several _groups_ of _seven_ counties each. The counties have been cla.s.sified according to their contiguity, or natural location, as the northwest, northeast, southwest, southeast, and central. These specimens of strata are exhibited just in the condition they existed in the earth. The strata, undisturbed, have been transferred to gla.s.s tubes six inches in diameter and six feet in length. These tubes are encased in black walnut, and each labeled with the name of the county from which the strata have been taken. The object has been in good faith to show the world what Iowa really is, without exaggeration, and without room for cavil. Here is the formation from nature's own laboratory. Behold, what hath G.o.d wrought!

The address also particularly gives an account of our school system, our state university and agricultural college, our benevolent inst.i.tutions for the unfortunate cla.s.ses, also the extent of our newspaper publications. It discusses to some extent the questions arising out of the Civil War and the heroism of our troops. On this subject the address contains the following:

It is impossible, in the reasonable length to which this paper should be limited, to write even a summary of the battles in which Iowa soldiers took part. The history of her troops would be substantially a history of the war in the south and west. To recount a portion of those battles and sieges would be to give a partial history to the neglect of others, equally deserving of honorable mention. A task alike impossible would be to give here the names of the heroes, living and dead, who distinguished themselves by their courage and valor. Our efficient Adjutant General has preserved in the archives of his department, the material from which this glorious history will one day be written, for the honor of the state and the inspiration of the generations that shall come after us. In the adjutant's department at Des Moines are preserved the shot-riddled colors and standards of our regiments. Upon them, by special authority, were inscribed, from time to time during the war, the names of the battle fields upon which these regiments gained distinction. These names const.i.tute the geographical nomenclature of two-thirds of the territory lately in rebellion. From the Des Moines river to the Gulf, from the Mississippi to the Atlantic, in the mountains of West Virginia, and in the Valley of the Shenandoah, the Iowa soldier made his presence known and felt, and maintained the honor of the state and the cause of the nation. They were with Lyon at Wilson's Creek, with Tuttle at Donelson. They fought with Siegel and with Curtis at Pea Ridge; with Crocker at Champion Hills; with Reid at Shiloh. They were with Grant at the surrender of Vicksburg. They fought above the clouds with Hooker at Lookout Mountain. They were with Sherman in his march to the sea, and were ready for battle when Johnston surrendered. They were with Sheridan in the Valley of the Shenandoah, and were in the veteran ranks of the nation's deliverers that stacked their arms in the national capital at the close of the war.

The address concludes as follows:

Iowa hails with joy this centennial of our nation's birth. She renews her vows of devotion to our common country, and looks with hope to the future. The inst.i.tution of slavery, that once rested as a shadow upon the land, that was fast producing a diverse civilization dangerous to our unity and nationality, has been forever abolished.

This centennial exhibition of our national greatness and material progress must re-awaken in the mind and heart of every American emotions of profound love for his country, and of patriotic pride in her success. Surely no American would consent that such a civilization as is evidenced here should perish in the throes of civil war. If there be anything in the history of Iowa and its wonderful development to excite a just pride, the other, and especially the older states of the Union may justly claim to share in it. Such as we are, the emigration from the other states made us. Our free soil, free labor, free schools, free speech, free press, free worship, free men and free women, were their free gift and contribution. Iowa is the thirty-year old child of the republic that celebrates the first centennial of its birth. Our state is simply the legitimate offspring of a civilization that has found its highest expression in building up sovereign states. Iowa was not a colony planted by the oppressions of the parent government, and that threw off her allegiance as soon as she gained strength to a.s.sert her independence; but she was the outgrowth of the natural vitality and enterprise of the nation, begotten in obedience to the divine command to multiply and replenish--born a sovereign by the will and desire of the parent, and baptized at the font of liberty as a voluntary consecration of her political life. Not a sovereign in that absolute sense that would make the federal government an impossibility, but sovereign within her sphere and over the objects and purposes of her jurisdiction, with such further limitations only upon her powers as render an abuse of them impossible, to the end that the personal liberty and private rights of the citizen should be more secure.