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Recollections of Forty Years in the House, Senate and Cabinet Part 2

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"You are not called upon to guard a tyrant's throne, or to enslave a nation of freemen, neither are your exertions required to redress a fancied wrong, or to revenge a supposed insult; but you are called upon to preserve your own dwellings from the flames--your families from destruction. Neither are you requested to go unprotected nor unprovided;--everything that the patriot soldier could possibly wish will be furnished you by the government--food complete and sufficient for the necessities or conveniences of life--compensation for your clothing,--arms of the best quality will be placed in your hands, which will be generously given you if you do, as I know you will, your duty.

"Should you chance to be disabled in the service, a pension will be given you that will enable you to live in comfort and in ease; or should the fortune of war number you with those brave and gallant patriots that fearlessly poured out their life's blood upon the heights of Bunker, the plains of Saratoga, or at the siege of Yorktown--your families shall not be left unprotected or unprovided; a generous and faithful government has promised that one hundred and sixty acres of land shall be given to your heirs, the more than means of existence, the means of every comfort that can render that existence desirable.

"These, then, fellow soldiers, are the terms upon which sixty-four of you are requested to draw your swords, shoulder your arms and march to Detroit to defend the frontiers of your own territory.

And from these columns are there not more than this small number that would rush upon even certain death at their country's call?

"The services required of you will not be arduous--'tis not that you should invade the territory of a distant enemy--'tis not that you should march far from your homes to fight battles in which you are not, and which you do not feel yourselves, interested; but it is to prevent the hostile foot of a foe from invading your territory --it is to guard the sacred altar of your liberties, cemented by the blood of your fathers, from the profanation of a tyrant's polluting touch--it is to guard your dwellings, your friends, your families, your all, from the desolating warfare of a fell savage foe--it is that the midnight and sleeping couch of our infants may not be awakened to death by the tremendous yell of an Indian warwhoop --it is that the gray hairs of our fathers may not become the b.l.o.o.d.y trophies of a cruel and insidious foe. Cruelty and a thirst for blood are the inmates of an Indian's bosom, and in the neighborhood of two contending powers they are never peaceful. If the strong hand of power does not bend them down they will raise the tomahawk and bare the scalping knife for deeds of blood and horror: The purity of female innocence, the decrepitude of age, the tenderness of infancy afford no security against the murderous steel of a hostile Indian: to guard against the probable incursions of bands of these murderers, I will not call them by the dignified name of warriors, are you called upon to arm: and who in such a cause would refuse to march or to bleed? And who would refuse to protect the scattered settlements on our frontiers--the humble cottage and its peaceful inhabitants?--Who would refuse to guard our fields from desolation, our villages from destruction, or our towns from ruin?

--None, in whom there is a spark of patriot valor.

"But, fellow soldiers, you may be called upon the meet the legions of Great Britain; every appearance indicates a state of approaching hostilities--year after year has insult been added to insult--injury has followed injury with rapid strides, and every breeze comes laden with its tale of wrongs, and while we have borne their injuries and their insults our government has endeavored, but in vain, to reconcile our differences by amicable negotiation.

"The cup of our wrongs is full, and the voice of an indignant people demands redress and revenge by every means in our power; 'tis that voice that calls upon you to arm and meet the hosts of England.

"Do you fear the event of the contest? Call but to mind the period of '76, without a government, without friends, without armies, without men, without money, our fathers dared to resist her aggressions upon our liberties; she determined to enslave us, and a hardy band of freemen resolved on death rather than slavery, encountered and conquered her boasted legions, established our independence and left it as their richest legacy for us to maintain: and do we, their sons, possessing all the advantages that we could wish, all that they were deprived of, do we fear the contest when half the world is confederate against her? Where is the spirit of our fathers that urged them to battle and to victory? Is there no latent spark of patriot ardor that the wrongs and indignities of our country will kindle into a flame? Is there no thirst in our bosoms for glory? Is it nothing for your names to be enrolled on the list of fame? Does it rouse no generous and n.o.ble feelings in your b.r.e.a.s.t.s to be a guardian shield and avenging sword to your country? Are the grateful thanks of your countrymen and posterity no inducement to valorous acts?

"Go then, fellow soldiers, a.s.sist to shield your country from the destruction of an internal warfare, awake to honor and to glory, rouse the native courage of an American freeman and march to deeds of valor!

"Let the wings of fame come laden with the tale of your honors, and bring joy to your mothers' hearts, and the pride of valorous deeds to your fathers' bosoms; then shall your country reward and bless you--posterity shall venerate your names, the world shall own you as the const.i.tuent guardians of liberty and the bulwark of your nation's freedom!"

I presume the soldiers enlisted at Lancaster were a part of the army infamously surrendered by General Hull on the 16th of August, 1812. This event opened up the whole of the then western states and territories to the inroads of the British and Indians, but was brilliantly compensated by the splendid victory of Commodore Perry at the battle of Lake Erie, on the 10th of September, 1813, in which he destroyed the British fleet and announced his victory in the stirring words, "We have met the enemy, and they are ours!"

This was followed by the complete triumph of General Harrison in the battle of the Thames, October 5, 1813, in which Tec.u.mseh was killed, and the power of the British and Indians in that portion of the field of operations practically destroyed.

My father was appointed by Mr. Madison, on the 9th of November, 1813, as Collector of Internal Revenue for the Third District of Ohio. He was then engaged in the active practice of his profession.

He was required to employ deputies in each of the counties of Fairfield, Pickaway, Madison, Franklin, Delaware, and Knox to collect internal revenue taxes, when a.s.sessed. He took great care in the selection of his deputies, and in all cases required bonds, with security, from each deputy. At this period the only money in Ohio was local bank paper money. No silver or gold coins could be had, and the purchasing power of notes varied with the success or defeat of our armies in the field. Internal taxes were imposed on distilled spirits, on the retailing of spirits, on salt, sugar, carriages, sales at auction, a stamp duty of one per cent. on bank notes, on all notes discounted by a bank, and on inland bills of exchange.

It is clearly shown by the papers on file in the treasury department that Mr. Sherman exercised the utmost care in the collection of these taxes through his deputies. No difficulty seems to have occurred until July, 1817, when the government, without previous notice, refused to take the paper then in circulation in Ohio, but demanded notes of the Bank of the United States, or its branches, one of which was located at Chillicothe. This left upon the hands of his deputies a large amount of money that soon became utterly worthless. The system of local banking failed and the loss fell upon the holders of notes, and, largely, upon the collectors of internal revenue and their deputies. Among my father's deputies the princ.i.p.al one seems to have been Peter Apple, of Pickaway county, who at the time of his appointment held a county office, was postmaster, and a justice of the peace. He was a leading man, of high character and standing, and supposed to be of considerable wealth. In 1817 he became embarra.s.sed and insolvent, and was removed from his position as deputy. His bonds proved worthless, and the whole loss and liability fell upon my father. This, with other losses occurring through the failure of other deputies, was the most unfortunate event of his life. His correspondence with the Internal Revenue Bureau shows that he exercised the utmost care in keeping and reporting his accounts, and the difficulties and losses he sustained in converting local bills into such notes as the government would receive in payment of taxes. It is clearly shown that the loss was not caused by any failure or neglect on his part. In like circ.u.mstances, under the existing law, Congress has, in all cases where due diligence on the part of the collector has been proven, relieved the collector. My father declined to make any appeal for such relief, but applied the proceeds of all his property, and a large part of his earnings, to make good, as far as he could, the defalcations of his deputies. This loss was a great embarra.s.sment for him and his family during his life. It did not affect his standing, either at home or with the government, but it deprived him of many comforts, and his family of advantages and opportunities for education which they otherwise would have had.

In the spring of 1815 my father was notified of the illness of his father in Norwalk, and immediately went to Connecticut, but, owing to the nature of the long journey, did not arrive until after his father's death. The will of Taylor Sherman gave to his wife, and daughter Elizabeth, all his real and personal estate in the State of Connecticut, subject to the payment of his debts, which were very small. He bequeathed to his two sons, Charles Sherman and Daniel Sherman, ceratin lands in the town of Sherman, county of Huron, Ohio, being part of the "Sufferers' Lands." The remainder of his property lying in the State of Ohio he gave equally to his wife and children. The estate was soon settled, and in the following year, 1816, my grandmother and her daughter, Elizabeth, moved to Ohio and became a part of the family of my father.

Under the old const.i.tution of Ohio prior to 1850, the Supreme Court was composed of four judges. They met at Columbus in the winter to hold the court of last resort, but at other seasons they divided into circuit courts composed of two judges, and went from county to county attended by a bevy of the leading lawyers of the state, all mounted on horseback and always ready for fun or frolic. I gladly acknowledge that I have received many a kindness, and much aid in business as well as political and social life, from the kindly memory of my father. I shrink from writing of his personal traits and genial nature, but insert, instead, brief extracts from a sketch of him written, in 1872, as a part of a local history of Fairfield county, Ohio, by General William J. Reese, who knew him intimately. General Reese says:

"Established permanently at Lancaster in the prosecution of his profession, the subject of this sketch rapidly rose to eminence as a polished and eloquent advocate, and as a judicious, reliable counsellor at law--indeed, in the elements of mind necessary to build up and sustain such a reputation, few men were his equals, and fewer still his superiors, in the State of Ohio or out of it.

But it was not only in the higher region of legal attainments that he gained superiority; his mind was enriched with choice cla.s.sic cultivation also.

"Judge Sherman not only mastered the intricacies of c.o.ke and Littleton, but, as I have stated, he made himself familiar with whatever was worthy of reading outside the books of law, and was therefore fitted to shine in the domain of general literature as well as in the realm of technical jurisprudence.

"During the pioneer years of Ohio its lawyers were obliged to perform extensive circuits to practice their profession; they were accustomed to accompany the courts from county to county, and in this way to traverse an extent of country which, being uncalled for at present, would appear fabulous in statement and difficult to realize.

"Those early days also commemorated the warmest personal friendships in the profession, and, indeed, this could hardly have been otherwise, as they compelled its members into the closest habitual companionship.

They rode together in the same primitive style, their saddle-bags stuffed with papers, doc.u.ments, briefs, law-books, clothing, and, peradventure, some creature delectation also. They were exposed in common to the same inclemencies and impediments of travel, they lodged together at the same inns or taverns, messed at the same table, slept in the same rooms, and were not unfrequently coerced by twos into the same bed. Free, jovial, genial, manly, and happy times they were, when, after a hard-fought field-day of professional antagonisms in court, the evening hours were crowded with social amenities, and winged with wit and merriment, with pathos, sentiment and song.

"If the sayings and doings at the festive evenings of the early Ohio bar could be collected, there would be materials in rich abundance from which a sympathetic and facile pen could compile a volume of equal piquancy and sentimental refinement of patriotic detail and humor, that alternate the pages of Sir Jonah Barrington, or any other winsome work of the kind. This will not be questioned for a moment when it is remembered that Henry Clay, Lewis Ca.s.s, Philip Doddridge, Willis Silliman, David K. Este, and Charles Hammond were frequent partic.i.p.ants; that Philoman Beecher, William W. Irvin, Thomas Ewing, William Stanberry, Benjamin Tappan, John M. Goodenow, Jacob Parker, Orris Parrish, and Charles G.o.ddard habitually contributed to their entertainment, and that these were often signalized with the hilarious fun of Creighton and the quaint drolleries of Douglas. At these symposiums of recreation, and they were held whenever the courts used to meet, Charles R. Sherman was always the most welcome of companions, and contributed his full share even to the ambrosial feasts,

'When all such cl.u.s.tering portions had As made their frolic wild, not mad.'

"Thus endowed and so a.s.sociated, he became a leading and a popular people's lawyer, from the Ohio River to our northern lake.

"In 1823 he was elected by the legislature to the bench of the Supreme Court of Ohio, and perhaps the only man in the state who doubted his ability for this high position was himself. He told the writer of these lines when speaking on the subject of his appointment, that he a.s.sumed its duties with great personal diffidence and apprehension. He feared that he lacked the ripe experience of years necessary to hear and determine cases of magnitude in a court of the last resort. His official a.s.sociates were Calvin Pease, Jacob Burnet, and Peter Hitchc.o.c.k, and these are names of renown in the judicial history of Ohio.

"Judge Sherman upon the bench fully realized the large expectations of his professional friends and the public.

"His written opinions, published in 'Hammond's Reports of the Supreme Court,' demonstrate a mind of the choicest legal capabilities.

They are clear, compact, yet comprehensive, intuitive, logical, complete, and conclusive, and are respected by the bar and courts in this and other states as judicial _dicta_ of the highest authority.

He won upon the bench, as he did at the bar, the affection and confidence of his a.s.sociates. They esteemed him for his gentle and genial nature, for the brilliant flashes of his mind and the solid strength of his judgment; above all, for the stainless integrity of his character, as a judge and as a man.

"Under the provisions of our old const.i.tution, the Supreme Court was required to hold an annual term or sitting in each county of the state, two of the judges officiating. In every court-room in Ohio where Judge Sherman presided he made friends. His official robes were worn by him as the customary habiliments of the man.

He was never distant, haughty, morose, austere, or overbearing on the bench. It was not in his nature to be so anywhere, and it was therefore always a personal pleasure to practice in his courts.

The younger members of the profession idolized him in every part of the state; for them and their early efforts he systematically sympathized, and he uniformly bestowed upon them the most gracious compliment that any judge upon the bench can render to the oldest pract.i.tioner at the bar--he gave them his interested and undivided attention.

"He had entered upon the sixth year of his official term, was in his manly meridian of life, in the full fruition of his matured intellectual powers, in the plenitude of his public usefulness, and in the enjoyment of apparent robust physical health, out upon his circuit, and about to hold a session of the Supreme Court at Lebanon, in Warren county, when suddenly, without any premonition, he was struck down with a fatal malady, that was frightfully rapid in its termination. The best medical aid was summoned from Cincinnati; it was in vain. An express messenger was hurried to Lancaster for Mrs. Sherman, but before she reached him her lamented husband was dead.

"He died in Lebanon, June 24, 1829, in the 41st year of his age.

"I will not attempt to describe the outburst of public sorrow that prevailed over this event. It was general and sincere, touching and outspoken; but it was in Lancaster, it was here in his happy home, which he made the home always of genial and open-hearted hospitality--here among his neighbors and fellow-citizens of every cla.s.s and description, all of whom knew him and all of whom loved him--that the intelligence of his death came with the most painful and startling abruptness. They could not comprehend it. But yesterday he was among them in perfect health, and now he is dead.

Men wept in our public streets. I do not believe he had a single personal enemy on earth.

"Had Judge Sherman lived, higher and broader spheres of public usefulness would have opened before him. There is no doubt whatever that the same spontaneity of opinion that placed him upon the supreme bench would have again united, when the vacancy happened, to have sent him to the Senate of the United States, and those who know him knew full well that his first prepared public utterance in that chamber upon any pending matter of national importance would have secured to him a brilliant national name. This is no fancy penciling. It was conviction with his contemporaries, and it would have been the record of history had he lived. As it is, he has left to his children the heritage of his spotless public reputation--of his loved and honored name.

"This fragmentary sketch would be more incomplete did I not mention that Judge Sherman was a zealous and prominent member of the Masonic fraternity, and that he filled its highest offices of honor in the several grand bodies of Ohio."

General Reese, the author of this sketch, was born in Philadelphia, Pa., on the 5th of August, 1804. He was a graduate of the University of Pennsylvania, studied law and was admitted to practice in Philadelphia. He then came to Ohio and was admitted to the bar in Cincinnati and soon after settled in Lancaster. In 1829, soon after the death of my father, he married my eldest sister, Mary Elizabeth. He did not long pursue his profession but became a merchant. He was prominent as a member of the board of public works. In old militia times he was in command of the forces of the state as its only major-general. He was grand master of the Grand Lodge of Masons in Ohio for a series of years, and at the same time held high rank in the Grand Lodge of the United States.

He was a handsome and accomplished gentleman, of pleasing manners and liberal to a fault. He died on the 17th of December, 1883, at Lancaster, in his eightieth year.

Of my mother I can scarcely write without emotion, though she died more than forty years ago. Her maiden name was Mary Hoyt. She was a member of a family, mostly merchants and sailors, who had lived in Norwalk, Connecticut, since its first settlement. At the period of the American Revolution the Hoyt family, composed of several brothers, was divided in their allegiance, some as Tories, some as Whigs. My mother's grandfather was a Whig. It is a tradition in the family that one of the Tory brothers pointed out the house of his brother, at the capture of Norwalk by the British and Tories, as the nest of a rebel, and it was burned to the ground.

In this it shared the fate of the greater part of the town. The Tories of the family went to St. Johns, but years after the war was over they and their descendants returned to Connecticut and New York, and many of them became prominent and respected citizens.

Isaac Hoyt, my grandfather, was a prominent citizen of Norwalk, possessing considerable wealth for those days.

My mother was carefully educated at the then famous female seminary at Poughkeepsie, New York. I remember the many embroidered pictures, made with the needle and silk thread by the handicraft of my mother, as a school girl, carefully framed, that decorated the old house in Lancaster. The women of that day were trained more for the culture and ornament of the house, more to knit stockings and weave home spun than to make speeches on woman's rights. Soon after her graduation she married Charles Robert Sherman, as before stated, and their lives were blended. She sometimes rode with him when on the circuit, and always on horseback. It was an adage in the family, even to her grandchildren, that she was always ready for a visit. I never knew her to scold, much less to strike, her children. She was our sure refuge against grandmother, between whom and my mother there was, however, the warmest affection. When Aunt Elizabeth married Mr. Parker, grandmother followed her daughter to their home in Mansfield.

When my mother, by the death of her husband, was left a widow with eleven children and spare means of support, she received the sympathy of all her neighbors and the kindly encouragement of everyone in Lancaster. As her children scattered her resources increased, so that after one year of widowhood she was quite independent. Like Goldsmith's Vicar of Wakefield she was "pa.s.sing rich" on four hundred dollars a year. Soon the houses of her children were open to her, but she clung to Lancaster until all her children had taken flight, when, in the summer of 1844, she accepted the invitation of her sons to make her home in Mansfield and removed there. She had there her house and home. Her two youngest daughters, and the writer of this, were her family, but in a very brief period all around her were married. She still continued to occupy her home, and always with some of her numerous grandchildren as guests. She often visited her children, and her coming was always regarded by them as a favor conferred by her. And so her tranquil life flowed on until 1852, when she attended the state fair at Cleveland and contracted a bad cold. She returned to Mansfield only to die on the 23rd day of September, 1852, at the residence of her daughter, Mrs. Bartley.

Before closing this sketch of my ancestors, it seems proper that I refer to their religious beliefs and modes of worship. In England they were cla.s.sed as Puritans, and were members of the Presbyterian church. In Connecticut they followed the doctrine and faith of the Congregational church of Anthony Stoddard. Daniel Sherman had his father were deacons of the congregation of Mr. Stoddard, and his granddaughter, the wife of Taylor Sherman, carried her faith and practice into her family, and maintained to her death the strict morals, and close observance of the Sabbath day, that was the established rule and practice of the Connecticut Congregationalist.

My mother's family, the Hoyts, were, with scarcely an exception, members of the Episcopal church. My mother was reared in that faith and practice from infancy, and was a member of that church at the time of her marriage. When she emigrated to Lancaster she found there no church of that denomination, and, therefore, joined the Presbyterian church under the pastorage of Rev. John Wright, who baptized all her children. At a later period, perhaps about 1840, when an Episcopal church was established in Lancaster, she resumed her attendance and worship in that church. When she removed to Mansfield she attended the Episcopal church at that place, partook of its sacraments and usages, and died in that faith and worship. All her living children and their families recognized and supported the Episcopal church as their church, except the children of General Sherman, who followed their mother and her maternal ancestors in the faith and worship of the Catholic church.

The writer of this has a firm belief in the Bible as the only creed of religious faith and duty, and willingly accords to every human being the right to choose his form of worship according to his judgment, but in case of doubt it is best to follow the teachings of his mother.

With this, the sketch of my ancestors closes. Many will think it is not part of my life, and that I have given too much s.p.a.ce and importance to it. If so, I hope they will pa.s.s it over without reading. Each individual life is molded by one's ancestry, by the incidents of his childhood, the training he receives in the family and the school and the conditions and surroundings of his early days. The boy is father to the man. It is difficult for one in advanced age to recall or to measure the influence of each of these in forming his character, but a statement of them is a necessary preface to a history of his later life. My information as to my ancestry is chiefly derived from the admirable local histories of Connecticut, and, especially, from "Cothron's History of Ancient Woodbury," "Hutchinson's History of Connecticut," and the local records and traditions of Ess.e.x and Suss.e.x counties in England.

I cannot claim for my ancestors superior rank, wealth or ability.

They were not specially distinguished for any of these, but they were men of useful and honorable lives, of untarnished reputation, highly esteemed by their contemporaries, thorough republicans in the broad sense of that word, always for their country in any contest for the right, and willing to yield equal political and civil rights to all their countrymen of every creed and color.

CHAPTER II.

MY BOYHOOD DAYS AND EARLY LIFE.

Born at Lancaster, Ohio, May 10, 1823--Death of My Father and Its Effect on Our Family--Early Days at School--A Dead Sheep in the Schoolroom--Lesson in Sunday Sport--Some of My Characteristics--My Attack on the Schoolmaster--Robbing an Orchard--A Rodman at Fourteen and My Experiences While Surveying--Debates at Beverly--Early Use of Liquor--First Visit to Mansfield in 1839--The Famous Campaign of 1840--I Begin the Study of Law.

I was born at Lancaster, Ohio, on the 10th day of May, 1823, the eighth child of Charles and Mary Sherman. My first distinct recollection of events is connected with the scenes and incidents that followed the death of my father on the 24th day of June, 1829.

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