Autobiography of Seventy Years Part 39

"Whereas there are differences of opinion as to the proper mode of counting the electoral votes for President and Vice- President and as to the manner of determining questions that may arise as to the legality and validity of returns made of such votes by the several States;

"And whereas it is of the utmost importance that all differences of opinion and all doubt and uncertainty upon these questions should be removed, to the end that the votes may be counted and the result declared by a tribunal whose authority none can question and whose decision all will accept as final: Therefore,

"Resolved, That a committee of five members of this House be appointed by the Speaker, to act in conjunction with any similar committee that may be appointed by the Senate, to prepare and report without delay such a measure, either legislative or const.i.tutional, as may in their judgment be best calculated to accomplish the desired end, and that said committee have leave to report at any time."

I do not know that a sketch of Richard W. Thompson, or d.i.c.k Thompson, as he was familiarly and affectionately called, properly finds a place in my autobiography. I knew him very slightly. I dare say I visited the Navy Department in his time. But I have now no recollection of it. I had a great respect for him. He lived in the lifetime of every President of the United States, except Washington, and I believe he saw every one of them, except Washington, unless it may be that he never saw Theodore Roosevelt. He was a very interesting character, a man of great common sense, public spirit, with a wonderful memory, and a rare fund of knowledge of the political history of the Northwest. Indeed he was an embodiment of the best quality of the people of the Ohio Territory, although born in Virginia. His great capacity was that of a politician.

He made excellent stump speeches, managed political conventions with great shrewdness, and also with great integrity, and had great skill in constructing platforms. Colonel Thompson was a very valuable political adviser. It has never been the custom to select Secretaries of the Navy on account of any previously acquired knowledge of naval affairs, although the two heads of that Department appointed by Presidents McKinley and Roosevelt have conducted it with wonderful success in a very difficult time. A day or two after the Inauguration, John Sherman, the new Secretary of the Treasury, gave a very brilliant dinner party to the Cabinet, at which I was a guest.

The table was ornamented by a beautiful man-of-war made out of flowers. Just before the guests sat down to dinner a little adopted daughter of Secretary Sherman's attached a pretty American flag to one of the masts. Somebody called attention to the beauty of the little ornament. I asked Secretary Thompson across the table to which mast of a man-of-war the American flag should be attached. Thompson coughed and stammered a little, and said: "I think I shall refer that question to the Attorney-General."

David M. Key was appointed Postmaster-General in furtherance of President Hayes's desire, in the accomplishment of which he was eminently successful, to promote harmony between the sections, and to diminish, so far as possible, the heat of party feeling which had blazed so intensely at the time of his election. Mr. Key was a Democrat, and never, I believe, certainly not during President Hayes's Administration, abandoned his allegiance to the Democratic Party. He had been a member of the Senate from Tennessee, and Lieutenant-Colonel in the Confederate Army. His appointment was a popular one. Mr.

Key administered the affairs of the Department very satisfactorily, in which he was aided very much by his a.s.sistant Postmaster- General, Mr. Tyner, who had been an eminent member of the House, to whom, I suppose, he left the matter of appointments to office.

Carl Schurz was a very interesting character. When I entered the House he was a member of the Senate from the State of Missouri. He was admirably equipped for public service. Although a native of Germany, he had a most excellent, copious and clear English style. No man in either House of Congress equalled him in that respect. He was a clear reasoner, and not lacking on fit occasion in a stirring eloquence. He had rendered great service to the country. The value to the Union cause of the stanch support of the Germans in the Northwest, including Missouri, whose princ.i.p.al city, St. Louis, contained a large German population, can hardly be over-estimated. Without it Missouri would have pa.s.sed an ordinance of secession, and the city would have been held by the Confederates from the beginning of the war. To prevent this the patriotism and influence of Carl Schurz, then very powerful with his German fellow-citizens, largely contributed. He also combated with great power the dangerous heresy of fiat money and an irredeemable currency. He was a stanch advocate of civil service reform, although he left Congress before the legislation which accomplished that was adopted. So he will be ent.i.tled to a high place in the history of the very stormy time in which he has lived, and to the grat.i.tude of his countrymen.

But he seems to me to have erred in underrating the value of party instrumentalities and of official power in accomplishing what is best for the good of the people. When his Republican a.s.sociates committed what he thought some grave errors, he helped turn Missouri over to the Democrats, who have held it ever since. So the political power of the State since Mr. Schurz abandoned the Republican Party because of his personal objection to President Grant, has been exerted against everything Mr. Schurz valued--honest elections, sound money, security to the enfranchised Southern men, and the Const.i.tutional rights which Mr. Schurz helped gain for them. He has never seemed to care for organization, still less to be influenced by that attachment to organization which, while sometimes leading to great evil, has been the source of inspiration of nearly everything that has been accomplished for good in this world.

Mr. Blaine says of him, with some exaggeration, but with some truth, that he has not become rooted and grounded anywhere, has never established a home, and is not identified with any community.

So the influence of Mr. Schurz has only been to contribute some powerful arguments to the cause which he espoused and never, certainly for a great many years, that of a leader.

Mr. Schurz's arguments for the last thirty years would have been as effective if published anonymously, and I dare say more effective than they have been when given to the world under his name.

Mr. Blaine says of him that he has not the power of speaking extempore; that he requires careful and studious preparation, and is never ready, off-hand, to shoot on the wing. I do not agree with Mr. Blaine's estimate of Mr. Schurz in that particular. I have heard him make very effective speeches in the Senate, and elsewhere, that were undoubtedly extemporary.

Mr. Blaine says that Mr. Schurz is so deficient in this respect that he has been known to use ma.n.u.script for an after-dinner response. But that has been done, not infrequently, by persons who have first-rate capacity for extemporary speaking, but who desire to say something to a number of persons much greater than those who sit around the tables, who are eager to read what they say. That should be carefully matured both in thought and phrase, and should convey their meaning with more precision than off-hand speaking is likely to attain, and be reported with more accuracy than off-hand speaking is likely to get.

I have never been intimate with Mr. Schurz. I deeply lamented his action in supporting Mr. Cleveland, and contributing what was in his power to the defeat of the Republican Party on two occasions--a defeat which brought so much calamity to the Republic. I have thought that in his dislikes and severe judgment of individuals he lost sight of great principles.

His independence of his own party led him to support a very much worse party domination, and to help to accomplish measures and establish principles to which he had been all his life utterly opposed. But the services to which I have alluded should not be forgotten. They ent.i.tle him to the highest respect, and should far outweigh his faults and mistakes.

Mr. Schurz made one very unfortunate mistake quite early in the course of his administration of the Interior Department.

He had formed the opinion, I suppose without much practical experience in such matters, that it would be a good plan to get the civilized Indians of the country into the Indian Territory.

Accordingly he had issued an order for the removal of the Ponca Indians, of Nebraska, to the Indian Territory. The Poncas were a small tribe, living on excellent lands, to which they were exceedingly attached. They were a peaceful people.

It was their boast that no Ponca had ever injured a white man. Mr. Schurz had been informed that the Poncas were willing to go. But when they heard of the scheme, they strenuously objected. They sold their ponies to enable an agent to go to Washington to make their protest known. But Mr. Schurz was immovable. The Nebraska Senators waited upon him, but their expostulations were received with disdain, as the counsel of politicians who were not ent.i.tled to much respect. The removal was effected. The Indian Territory proved unhealthy for them. A part of the tribe made their escape, took the coffins of those who had died with them, and made their way back to the original home of their ancestors.

The public feeling was deeply aroused. I happened to be at home in Worcester when a meeting was called by clergymen and other philanthropic gentlemen. It was addressed by a young Indian woman, named Bright Eyes, who belonged, I think, to a tribe closely allied to the Poncas. I attended the meeting, but was careful not to commit myself to any distinct opinion without knowing more of the facts. When I got back to Washington, President Hayes called on my at my room. It was the only time I have ever known a President of the United States to call upon a member of either House of Congress on public business, although I believe President Lincoln sometimes did it; and it may possibly have happened on other occasions. President Hayes was very much excited. He seemed at the time to think that a great wrong had been done by the Secretary. He brought his fist down upon the table with great emphasis, and said: "Mr. h.o.a.r, I will turn Mr. Schurz out, if you say so." I said: "O no, Mr. President, I hope nothing of that kind will be done. Mr. Schurz is an able man. He has done his best. His mistake, if he has made one, is only that he has adhered obstinately to a preconceived opinion, and has been unwilling to take advice or receive suggestions after he had determined on his course. It would be a great calamity to have one of your Cabinet discredited by you." President Hayes took that view of it. Indeed, I believe on further and fuller inquiry, he came to the conclusion that it was his duty to sustain the Secretary, so far as to keep in the Indian Territory the fragment of the Ponca Tribe who were still there.

I took no public part in the matter. My colleague, Mr. Dawes, who was a very earnest champion and friend of the Indians, commented on the course of the Secretary in the Senate with great severity; and he and the Secretary had an earnest controversy.

Mr. Schurz was a great favorite with our Independents and Mugwumps, many of whom had, like him, left the Republican Party in 1872, and some of whom had not returned to their old allegiance. Mr. Schurz was invited to a public dinner in Boston, at which President Eliot, Dr. James Freeman Clarke and several eminent men of their way of thinking, took part.

They did not discuss the merits of the princ.i.p.al question much, but the burden of their speech was eulogy of Mr. Schurz as a great and good man, and severe condemnation of the character of the miserable politicians who were supposed to be his critics and opponents. There was a proposition for a call for a public meeting on the other side to condemn the Secretary, and stand by the Indians. In this call several very able and influential men joined, including Governor Long. I advised very strongly against holding the meeting. I was quite sure that, on the one hand, neither Mr. Schurz nor the Administration was likely to treat the Indians cruelly or unjustly again; and on the other hand I was equally sure of the absolute sincerity and humanity of the people who had found fault with his action.

A day or two, however, after the Schurz dinner, a reporter of a prominent newspaper in Boston asked me for an interview about the matter, to which I a.s.sented. He said: "Have you seen the speeches of President Eliot and Dr. Clarke and Mr.

Codman at the Schurz banquet?" I said, "Yes." He asked me: "What do you think of them?" I said: "Well, it is very natural that these gentlemen should stand by Mr. Schurz, who has been their leader and political a.s.sociate. President Eliot's speech reminds me of Baillie Nichol Jarvie when he stood up for his kinsman, Rob Roy, in the Town Council of Glasgow when some of the Baillie's enemies had cast in his teeth his kinship with the famous outlaw. 'I tauld them,' said the Baillie, 'that barring what Rob had dune again the law, and that some three or four men had come to their deaths by him, he was an honester man than stude on ony of their shanks.'"

This ended the incident, so far as I was concerned.

To draw an adequate portraiture of Charles Devens would require the n.o.ble touch of the old masters of painting or the lofty stroke of the dramatists of Queen Elizabeth's day. He filled many great places in the public service with so much modesty and with a gracious charm of manner and behavior which so attracted and engrossed our admiration that we failed at first to discern the full strength of the man. It is not until after his death, when we sum up what he has done for purposes of biography or of eulogy, that we see how important and varied has been the work of his life.

Charles Devens was born in Charlestown, Ma.s.sachusetts, April 4, 1820. His family connections led him to take early in life a deep interest in the military and naval history of the country, especially in that of the War of 1812; while the place of his birth and the fact that he was the grandson of Richard Devens gave to him the interest in the opening of the Revolution which belongs to every son of Middles.e.x.

He was a pupil at the Boston Latin School; was graduated at Harvard in 1838; was admitted to the bar in 1840; practised law in Northfield and afterward in Greenfield; was Senator from Franklin County in 1848 and 1849; was Brigadier-General of the militia; was appointed United States Marshal by President Taylor in 1849, holding that office until 1853; removed to Worcester in 1854; formed a partnership with George F. h.o.a.r and J. Henry Hill in December, 1856; was City Solicitor in the years 1856, 1857 and 1858. The news of the surrender of Fort Sumter was received in Worcester Sunday, April 14.

Monday forenoon came the confirmation of the news and President Lincoln's call for 75,000 volunteers. General Devens was engaged in the trial of a cause before the Supreme Court, when the news was told him. He instantly requested another member of the Bar to take his place in the trial, went immediately up street, offered his services to the Government, was unanimously chosen the same day Major of the Third Battalion of Ma.s.sachusetts Rifles, commissioned the next day, April 16, departed for the seat of war April 20. The battalion under his command was stationed at Fort McHenry. On the 24th of July following he was appointed Colonel of the Fifteenth Ma.s.sachusetts Regiment.

Gen. Devens was in command of the Fifteenth Regiment at the disastrous battle of Ball's Bluff, where he was struck by a musket ball, which was intercepted by a metallic b.u.t.ton which saved his life. His conduct on that day received high encomium from General McClellan. He was soon after appointed a Brigadier-General of Volunteers, and a.s.signed to a brigade in Couch's Division of the Fourth Corps. His division was engaged in the battle in front of Fort Magruder on the 5th of May, 1862. On the 31st of the same month he was engaged in the most critical portion of the desperate fight at Fair Oaks, where his command was conspicuous for valor and devotion.

This was one of the most stubbornly contested fields of the war. Gen. Devens was severely wounded toward the close of the day, but with a few other officers he succeeded in reforming the repeatedly broken lines and in holding the field until reinforcements arrived and stayed the tide of Confederate triumph. He returned to his command as soon as his wound would permit, and took part in the battle of Fredericksburg in December, 1862. In his official report General Newton says: "My acknowledgments are due to all according to their opportunities, but especially to Brigadier-General Charles Devens, who commanded the advance and the rear guard, in the crossing and recrossing of the river." In the following spring General Devens was promoted to the command of a division of the Eleventh Corps. He was posted with his division of 4,000 men on the extreme right of the flank of Hooker's army, which was attacked by 26,000 men under the great rebel leader, Stonewall Jackson. General Devens was wounded by a musket ball in the foot early in the day; but he kept the field, making the most strenuous efforts to hold his men together and stay the advance of the Confederates until his Corps was almost completely enveloped by Jackson's force and, in the language of General Walker, "was scattered like the stones and timbers of a broken dam." He recovered from his wound in time to take part in the campaign of 1864. His troops were engaged on the first of June in the battle of Cold Harbor, and carried the enemy's entrenched line with severe loss.

On the third of June, in an attack which General Walker characterizes as one "which is never spoke of without awe and bated breath by any one who partic.i.p.ated in it," General Devens was carried along the line on a stretcher, being so crippled by inflammatory rheumatism that he could neither mount his horse nor stand in his place. This was the last action in which he took an active part. On the third of April, 1865, he led the advance into Richmond, where the position of Military Governor was a.s.signed to him after the surrender. He afterwards was second in command to General Sickles, in the Southeastern Department, and exercised practically all the powers of government for a year or two. This command was of very great importance to him as a part of his legal training. Upon him practically devolved the duty of deciding summarily, but without appeal, all important questions of military law as well as those affecting the civil rights of citizens during his administration.

He was offered a commission in the regular army, which he declined. He came back to Worcester in 1866; renewed his partnership with me for a short time; was appointed Justice of the Superior Court April, 1867; was appointed Justice of the Supreme Court of Ma.s.sachusetts in 1873; was offered the appointment of Secretary of War in the Cabinet of President Hayes March 5, 1877; a day or two later was tendered the office of Attorney-General by the President, which he accepted and held until the expiration of President Hayes's Administration.

He was offered the office of Judge of the Circuit Court of the First Circuit at the death of Judge Shepley, which he very much desired to accept. But the President, although placing this office at his disposal, was exceedingly unwilling to lose his service in the Cabinet; and General Devens, with his customary self-denial, yielded to the desire of his chief.

He was again appointed Justice of the Supreme Court of Ma.s.sachusetts in 1881, and held that office until his death.

He was elected a member of the American Antiquarian Society October 21, 1878. He was a member of the Ma.s.sachusetts Historical Society. He received the degree of LL.D. from Harvard University in the year 1877. He was chosen President of the Harvard Alumni a.s.sociation, and again elected President of that a.s.sociation in 1886, in order that he might preside at the great celebration of the 250th anniversary of the foundation of the college, which he did with a dignity and grace which commanded the admiration of all persons who were present on that interesting occasion. He died January 7, 1891.

General Devens gained very soon after establishing himself in Worcester the reputation of one of the foremost advocates at the bar of Ma.s.sachusetts. He was a model of the professional character, of great courtesy to his opponent, great deference to the court, fidelity to his client, giving to every case all the labor which could profitably be spent upon it. The certainty of the absolute fidelity, thoroughness, and skill with which his part of the duty of an important trial would be performed, made it a delight to try cases as his a.s.sociate.

He was especially powerful with juries in cases involving the domestic relations, or which had in them anything of the pathos of which the court-house so often furnishes examples.

He did not care in those days for the preparation or argument of questions of law, although he possessed legal learning fully adequate to the exigencies of his profession, and never neglected any duty.

His fine powers continued to grow as he grew older. I think he was unsurpa.s.sed in this country in the generation to which he belonged in native gifts of oratory. He had a fine voice, of great compa.s.s and power, a graceful and dignified presence.

He was familiar with the best English literature. He had a pure and admirable style, an imagination which was quickened and excited under the stimulus of extempore speech, and was himself moved and stirred by the emotions which are most likely to move and stir an American audience. Some of his addresses to juries in Worcester are now remembered, under whose spell jury and audience were in tears, and where it was somewhat difficult even for the bench or the opposing counsel to resist the contagion. He never, however, undertook to prepare and train himself for public speaking, as was done by Mr. Choate or Mr. Everett, or had the constant and varied practice under which the fine powers of Wendell Phillips came to such perfection.

But his fame as an orator constantly increased, so that before his death no other man in Ma.s.sachusetts was so much in demand, especially on those occasions where the veterans of the war were gathered to commemorate its sacrifices and triumphs.

Among the most successful examples of his oratoric power is his address at Bunker Hill at the Centennial in 1875, where the forming the procession and the other exercises occupied the day until nearly sundown, and General Devens, the orator of the day, laid aside his carefully prepared oration and addressed the audience in a brief speech, wholly unpremeditated, which was the delight of everybody who heard it.*

[Footnote]

* "The oration by Judge Devens was magnificent. He spoke wholly without notes and his effort was largely extemporaneous. He began by saying that the lateness of the hour ('twas nearly six o'clock) would prevent his following the train of any previously prepared effort and he would briefly review the history of the battle and its results upon the world's history. He spoke for nearly and hour and a quarter, holding his fine audience in rapt attention by his eloquence, the elegance of his diction and his superb enunciation. It was, indeed, a wonderful effort, and will compare favorably with Webster's great orations in '25 and '43."--From the diary of Henry H. Edes.

[End of Footnote]

At New Haven he delivered the address before the Army of the Potomac in commemoration of General Meade and the battle of Gettysburg, which is a fine specimen of historic narrative mingled and adorned with stately eloquence. At the banquet in the evening of the same day the gentleman who had been expected to respond to the toast, "The private soldier," was unexpectedly called away, and General Devens was asked at a moment's notice and without preparation to take his place.

I heard President Grant--no mean judge--who had himself listened to so much of the best public speaking in all parts of the country, say that General Devens's response to this toast was the finest speech he ever heard in his life. The eulogy upon Grant delivered at Worcester, especially the wonderful pa.s.sage where he contrasts the greeting which Napoleon might expect from his soldiers and companions in arms at a meeting beyond the grave with that which Grant might expect from his brethren, is also one of the best specimens of eloquence in modern times. Surpa.s.sing even these are the few sentences he addressed to his regiment after the battle of Ball's Bluff.

General Devens had a modest estimate of his own best powers.

While he was an admirable judge, bringing to the court the weight of his great experience, his admirable sense, his stainless integrity, his prefect impartiality, his great discernment, his abundant learning, it has always seemed to me that he erred after the war in not preferring political life to his place upon the bench. He could easily have been Governor or Senator, in which places the affection of the people of Ma.s.sachusetts would have kept him for a period limited only by his own desire, and might well have been expected to pa.s.s from the Cabinet to an even higher place in the service of his country. But he disliked political strife, and preferred those places of service which did not compel him to encounter bitter antagonism.

He filled the place of Attorney-General with a dignity and an ability which has been rarely if ever surpa.s.sed by any of the ill.u.s.trious men who have filled that great office. The judges of the Supreme Court long after he had left Washington were accustomed to speak of the admirable manner in which he had discharged his duties. I once at a dinner heard Mr.

Justice Bradley, who was without a superior, if not without a peer in his day, among jurists on either side of the Atlantic, speak enthusiastically of his recollection of General Devens in the office of Attorney-General. Judge Bradley kindly acceded to my request to put in writing what he had said. His letter is here inserted:

WASHINGTON, January 20th, 1891.

HON. GEO. F. h.o.a.r.

_My Dear Sir:_ You ask for my estimate of the services and character of General Devens as Attorney-General of the United States. In general terms I unhesitatingly answer, that he left upon my mind the impression of a sterling, n.o.ble, generous character, loyal to duty, strong, able, and courteous in the fulfillment of it, with such acc.u.mulation of legal acquirement and general culture as to render his counsels highly valuable in the Cabinet, and his public efforts exceedingly graceful and effective. His professional exhibitions in the Supreme Court during the four years that he represented the Government, were characterized by sound learning, chastely and accurately expressed, great breadth of view, the seizing of strong points and disregard of minute ones, marked deference for the court and courtesy to his opponents. He was a model to the younger members of the bar of a courtly and polished advocate. He appeared in the court only in cases of special importance; but of these there was quite a large number during his term.

As examples, I may refer to the cases of Young _v._ United States (97 U. S. 39), which involved the rights of neutrals in our Civil War, and particularly the alleged right of a British subject, who had been engaged in running the blockade, to demand compensation for a large quant.i.ty of cotton purchased in the Confederacy and seized by the military forces of the United States;--Reynolds _v._ United States (98 U. S. 145), which declared the futility of the plea, in cases of bigamy among the Mormons, of religious belief, claimed under the first amendment of the Const.i.tution; and established the principle that pretended religious belief cannot be accepted as a justification of overt acts made criminal by the law of the land;--The Sinking Fund Cases (99 U. S. 700), which involved the validity of the act of Congress known as the Thurman Act, requiring the Pacific Railroad Companies to make annual payments for a sinking fund to meet the bonds loaned to them by the Government;-- Tennessee _v._ Davis (100 U. S. 257), as to the right of a United States officer to be tried in the Federal courts for killing a person in self-defence whilst in the discharge of his official duties;--The Civil Rights case of Strander _v._ W. Virginia and others (100 U. S. 303-422), in which were settled the rights of all cla.s.ses of citizens, irrespective of color, to suffrage and to representation in the jury box, and the right of the Government of the United States to interpose its power for their protection;--Neal _v._ Delaware (103 U.

S. 370), by which it was decided that the right of suffrage and (in that case) the consequent right of jury service of people of African descent were secured by the 15th Amendment to the Const.i.tution, notwithstanding unrepealed state laws or const.i.tutions to the contrary.

In all these cases and many others the arguments of the Attorney- General were presented with distinguished ability and dignity, and with his habitual courtesy and amenity of manner; whilst his broad and comprehensive views greatly aided the court in arriving at just conclusions. In all of them he was successful; and it may be said that he rarely a.s.sumed a position on behalf of the Government, in any important case, in which he was not sustained by the judgment of the court. His advocacy was conscientious and judicial rather than experimental-- as is eminently fitting in the official representative of the Government. It best subserves the ends of justice, the suppression of useless litigation, and the prompt administration of the law.

I can only add that the members of the Supreme Court parted with Attorney-General Devens with regret. Of him, as of so many other eminent lawyers, the reflection is just, that the highest efforts of advocacy have no adequate memorial. Written compositions remain; but the n.o.blest displays of human genius at the bar--often, perhaps, the successful a.s.saults of Freedom against the fortresses of Despotism--are lost to history and memory for want of needful recordation. _Vixere fortes ante Agamemnona;_ or, as Tacitus says of the eloquent Haterius, "Whist the plodding industry of scribblers goes down to posterity, the sweet voice and fluent eloquence of Haterius died with himself."

Very truly yours.

JOSEPH P. BRADLEY.