Something of Men I Have Known Part 1

Something of Men I Have Known.

by Adlai E. Stevenson.

FOREWORD

To write in the spirit of candor of men he has known, and of great events in which he has himself borne no inconspicuous part, has been thought not an unworthy task for the closing years of more than one of the most eminent of our public men. It may be that the labor thus imposed has oftentimes enabled the once active partic.i.p.ant in great affairs submissively "to entertain the lag end of his life with quiet hours."

Following the example of such at a great distance and along a humbler path, I have attempted to write something of events of which I have been a witness, and of some of the princ.i.p.al actors therein during the last third of a century.

My book in the main is something of men I have personally known; the occasional mention of statesmen of the past seems justified by matters at the time under discussion.

With the hope that it may not be wholly without interest to some into whose hands it may fall, I now submit this slight contribution to the political literature of these pa.s.sing days.

A. E. S.

BLOOMINGTON, ILLINOIS, _August 1, 1909._

I

ON THE CIRCUIT

DEVELOPMENT OF THE COUNTRY AFTER THE CIVIL WAR--SLAVERY THE APPLE OF DISCORD BEFORE THE WAR--LINCOLN AS A COUNTRY LAWYER--SOCIABILITY OF THE LAWYERS OF THE PERIOD--THEIR EXCELLENCE AS ORATORS--HENRY CLAY AS A PARTY LEADER--EULOGIUMS ON LAWYERS--LINCOLN'S ADMIRATION FOR GENERAL WINFIELD SCOTT--THE WRITER'S ADDRESS ON THE LAW AND LAWYERS.

The period extending from my first election to Congress in 1874, to my retirement from the Vice-Presidency in 1897, was one of marvellous development to the country. Large enterprises were undertaken, and the sure foundation was laid for much of existing business conditions. The South had recovered from the sad effects of the Civil War, and had in a measure regained its former position in the world of trade, as well as in that pertaining to the affairs of the Government. The population of the country had almost doubled; the ratio of representation in the Lower House of Congress largely augmented; the entire electoral vote increased from 369 to 444. Eight new States had been admitted to the Union, thus increasing the number of Senators from seventy-four to ninety.

The years mentioned likewise witnessed the pa.s.sing from the national stage, with few exceptions, of the men who had taken a conspicuous part in the great debates directly preceding and during the Civil War and the reconstruction period which immediately followed. By the arbitrament of war, and by const.i.tutional amendment, old questions, for a half-century the prime cause of sectional strife, had been irrevocably settled, and pa.s.sed to the domain of history.

New men had come to the front, and new questions were to be discussed and determined.

To the student of history, the years immediately preceding the Civil War are of abiding interest. In some of its phases slavery was the all-absorbing subject of debate throughout the entire country.

It had been the one recognized peril to the Union since the formation of the Government. Beginning with the debates in the convention that formulated the Federal Const.i.tution, it remained for seventy years the apple of discord,--the subject of patriotic apprehension and repeated compromise. The last serious attempt to settle this question in the manner just indicated was by the adjustment known in our political history as "the compromise measures of 1850."

These measures, although bitterly denounced in the South as well as in the North, received the sanction in national convention of both of the great parties that two years later presented candidates for the Presidency. It is no doubt true that a majority of the people, in both sections of the country, then believed that the question that had been so fraught with peril to national unity from the beginning was at length settled for all time. The rude awakening came two years later, when the country was aroused, as it had rarely been before, by impa.s.sioned debate in and out of Congress, over the repeal of the Missouri Compromise. It was a period of excitement such as we shall probably not see again. Slavery in all its phases was the one topic of earnest discussion, both upon the hustings and at the fireside. There was little talk now of compromise. The old-time statesmen of the Clay and Webster, Winthrop and Crittenden, school soon disappeared from the arena. Men hitherto comparatively unknown to the country at large were soon to the front.

Conspicuous among them was a country lawyer whose home was at Springfield, Illinois. With the mighty events soon to follow, his name is imperishably linked. But it is not of Lincoln the President, the emanc.i.p.ator, the martyr, we are now to speak. It is of Lincoln the country lawyer, as he stepped upon the arena of high debate, the unswerving antagonist of slavery extension half a century and more ago.

His home, during his entire professional life, was at the capital of the State. He was, at the time mentioned, in general practice as a lawyer and a regular attendant upon the neighboring courts. His early opportunities for education were meagre indeed. He had been a student of men, rather than of books. He was, in the most expressive sense, "of the people,"--the people as they then were.

For,

"Know thou this, that men are as the time is."

His training was, in large measure, under the severe conditions to be briefly mentioned. The old-time custom of "riding the circuit"

is to the present generation of lawyers only a tradition. The few who remember central Illinois as it was sixty years ago will readily recall the full meaning of the expression. The district in which Mr.

Lincoln practised extended from the counties of Livingston and Woodford upon the north, almost to the Indiana line--embracing the present cities of Danville, Springfield, and Bloomington. The last named was the home of the Hon. David Davis, the presiding judge of the district. As is well known, he was the intimate friend of Mr.

Lincoln, and the latter was often his guest during attendance upon the courts at Bloomington. At that early day, the term of court in few of the counties continued longer than a week, so that much of the time of the judge and the lawyers who travelled the circuit with him was spent upon horseback. When it is remembered that there were then no railroads, but few bridges, a spa.r.s.e population, and that more than half the area embraced in that district was unbroken prairie, the real significance of riding the circuit will fully appear. It was of this period that the late Governor Ford, speaking of Judge Young,--whose district extended from Quincy, upon the Mississippi River to Chicago,--said: "He possesses in rare degree one of the highest requisites for a good circuit judge, --he is an excellent horseback rider."

At the period mentioned there were few law-books in the State.

The monster libraries of later days had not yet arrived. The half-dozen volumes of State Reports, together with the Statutes and a few leading text-books, const.i.tuted the lawyer's library.

To an Illinois lawyer upon the circuit, a pair of saddle-bags was an indispensable part of his outfit. With these, containing the few books mentioned and a change or two of linen, and supplied with the necessary horse, saddle and bridle, the lawyer of the pioneer days was duly equipped for the active duties of his calling. The lack of numerous volumes of adjudicated cases was, however, not an unmixed evil. Causes were necessarily argued upon principle. How well this conduced to the making of the real lawyer is well known.

The admonition, "Beware the man who reads but one book," is of deep significance. The complaint to-day is not of scarcity, but that "of the making of many books there is no end." Professor Phelps is authority for the statement that "it is easy to find single opinions in which more authorities are cited than were mentioned by Marshall in the whole thirty years of his unexampled judicial life; and briefs that contain more cases than Webster referred to in all the arguments he ever delivered."

The lawyers of the times whereof we write were, almost without exception, politicians--in close touch with the people, easy of approach, and obliging to the last degree. Generally speaking, a lawyer's office was as open to the public as the Courthouse itself. That his surroundings were favorable to the cultivation of a high degree of sociability goes without saying. Story-telling helped often on the circuit to while away the long evenings at country taverns. At times, perchance,

"the night drave on wi' sangs and clatter."

Oratory counted for much more then than now. When an important case was on trial all other pursuits were for the time suspended, and the people for miles around were in prompt attendance. This was especially the case when it was known that one or more of the leading advocates were to speak. The litigation, too, was to a large extent different from that of to-day. The country was new, population spa.r.s.e; the luxuries and many of the comforts of life yet in the future; post-offices, schools, and churches many miles away. In every cabin were to be found the powder-horn, bullet-pouch, and rifle. The restraints and amenities of modern society were in large measure unknown; and altogether much was to be, and was, "pardoned to the spirit of liberty." There were no great corporations to be chosen defendants, but much of the time of the courts was taken up by suits in ejectment, actions for a.s.sault and battery, breach of promise, and slander. One, not infrequent, was replevin, involving the ownership of hogs, when by unquestioned usage all stock was permitted to run at large. But criminal trials of all grades, and in all their details, aroused the deepest interest. To these the people came from all directions, as if summoned to a general muster. This was especially true if a murder case was upon trial. Excitement then ran high, and the arguments of counsel, from beginning to close, were listened to with breathless interest. It will readily be seen that such occasions furnished rare opportunity to the gifted advocate. In very truth the general acquaintance thus formed, and the popularity achieved, have marked the beginning of more than one successful and brilliant political career. Moreover, the thorough knowledge of the people thus acquired by actual contact--the knowledge of their condition, necessities, and wishes--resulted often in legislation of enduring benefit to the new country. The Homestead law, the law setting apart a moiety of the public domain for the maintenance of free schools, and judicious provision for the establishment of the various charities, will readily be recalled.

Politics, in the modern sense--too often merely "for what there is in it"--was unknown. As stepping-stones to local offices and even to Congress, the caucus and convention were yet to come. Aspirants to public place presented their claims directly to the people, and the personal popularity of the candidate was an important factor in achieving success. Bribery at elections was rarely heard of.

The saying of the great bard,

"If money go before, All ways do open lie,"

awaited its verification in a later and more civilized period. As late even as 1858, when Lincoln and Douglas were rival aspirants to the Senate, when every voter in the State was a partisan of one or the other candidate, and the excitement was for many months intense, there was never, from either side, an intimation of the corrupt use of a farthing to influence the result.

No period of our history has witnessed more intense devotion to great party leaders than that of which we write. Of eminent statesmen, whose names were still invoked, none had filled larger s.p.a.ce than did Henry Clay and Andrew Jackson. The former was the early political idol of Mr. Lincoln; the latter, of Mr. Douglas.

Possibly, since the foundation of the Government, no statesman has been so completely idolized by his friends and party as was Henry Clay. Words are meaningless when the attempt is made to express the idolatry of the Whigs of his own State for their great chieftain. For a lifetime he knew no rival. His wish was law to his followers. In the realm of party leadership a greater than he hath not appeared. At his last defeat for the Presidency strong men wept bitter tears. When his star set, it was felt to be the signal for the dissolution of the great party of which he was the founder. In words worthy to be recalled, "when the tidings came like wailing over the State that Harry Percy's spur was cold, the chivalrous felt somehow the world had grown commonplace."

The following incident, along the line indicated, may be considered characteristic. While Mr. Clay was a Senator, a resolution, in accordance with a sometime custom, was introduced into the Kentucky House of Representatives instructing the Senators from that State to vote in favor of a certain bill then pending in Congress. The resolution was in the act of pa.s.sing without opposition, when a hitherto silent member from one of the mountain counties, springing to his feet, exclaimed: "Mr. Speaker, am I to understand that this Legislature is undertaking _to tell_ Henry Clay how to vote?" The Speaker answered that such was the purport of the resolution.

At which the member from the mountains, throwing up his arms, exclaimed "Great G.o.d!" and sank into his seat. It is needless to add that the resolution was immediately rejected by unanimous vote.

Two-thirds of a century ago the Hon. John P. Kennedy wrote of the lawyers of his day:

"The feelings, habits, and a.s.sociations of the bar in general, have a very happy influence upon the character. And, take it altogether, there may be collected from it a greater ma.s.s of shrewd, observant, droll, playful, and generous spirits, than from any other equal numbers of society. They live in each other's presence like a set of players; congregate in courts like the former in the green room; and break their unpremeditated jests, in the intervals of business, with that sort of undress freedom that contrasts amusingly with the solemn and even tragic seriousness with which they appear in turn upon the boards. They have one face for the public, rife with the saws and learned gravity of the profession, and another for themselves, replete with broad mirth, sprightly wit, and gay thoughtlessness. The intense mental toil and fatigue of business give them a peculiar relish for the enjoyment of their hours of relaxation, and, in the same degree, incapacitate them for that frugal attention to their private concerns which their limited means usually require. They have, in consequence, a prevailing air of unthriftiness in personal matters, which, however it may operate to the prejudice of the pocket of the individual, has a mellow and kindly effect upon his disposition. In an old member of the profession, one who has grown gray in the service, there is a rich unction of originality that brings him out from the ranks of his fellowmen in strong relief. His habitual conversancy with the world in its strangest varieties and with the secret history of character, gives him a shrewd estimate of the human heart. He is quiet, and unapt to be struck with wonder at any of the actions of men. There is a deep current of observation running calmly through his thoughts, and seldom gushing out in words; the confidence which has been placed in him, in the thousand relations of his profession, renders him const.i.tutionally cautious. His acquaintance with the vicissitudes of fortune, as they have been exemplified in the lives of individuals, and with the severe afflictions that have 'tried the reins' of many, known only to himself, makes him an indulgent and charitable apologist of the aberrations of others.

He has an impregnable good humor that never falls below the level of thoughtfulness into melancholy."

A distinguished writer, two generations ago, said of the early Western bar:

"Not only was it a body distinguished for dignity and tolerance, but chivalrous courage was a marked characteristic. Personal cowardice was odious among the bar, as among the hunters who had fought the British and the Indians. Hence, insulting language, and the use of billingsgate, were too hazardous to be indulged where a personal accounting was a strong possibility. Not only did common prudence dictate courtesy among the members of the bar, but an exalted spirit of honor and well-bred politeness prevailed.

The word of a counsel to his adversary was his inviolable bond.

The suggestion of a lawyer as to the existence of a fact was accepted as verity by the court. To insinuate unprofessional conduct was to impute infamy."

I distinctly recall the first time I saw Mr. Lincoln. In September, 1852, two lawyers from Springfield, somewhat travel-stained with their sixty miles' journey, alighted from the stage-coach in front of the old tavern in Bloomington. The taller and younger of the two was Abraham Lincoln; the other, his personal friend and former preceptor, John T. Stuart. That evening it was my good fortune to hear Mr. Lincoln address a political meeting at the old Courthouse in advocacy of the election of General Winfield Scott to the Presidency. The speech was one of great ability, and but little that was favorable of the military record of General Pierce remained when the speech was concluded. The Mexican War was then of recent occurrence, its startling events fresh in the memory of all, and its heroes still the heroes of the hour. The more than half-century that has pa.s.sed has not wholly dispelled my recollection of Mr.

Lincoln's eloquent tribute to "the hero of Lundy's Lane," and his humorous description of the military career of General Franklin Pierce.

The incident now to be related occurred at the old National Hotel in Bloomington in September, 1854. Senator Douglas had been advertised to speak, and a large audience was in attendance. It was his first appearance there since the pa.s.sage of the Kansas-Nebraska Bill.

The writer, then a student at the Wesleyan University, with his cla.s.smate James S. Ewing and many others, had called upon Mr.

Douglas at his hotel. While there the Hon. Jesse W. Fell, a prominent citizen of Bloomington and the close friend of Mr.

Lincoln, also called upon Mr. Douglas, and after some conversation with him said in substance, that inasmuch as there was profound interest felt in the great question then pending, and the people were anxious to hear both sides, he thought it would be well to have a joint discussion between Judge Douglas and Mr. Lincoln. To which proposition Mr. Douglas at once demanded, "What party does Mr. Lincoln represent?" The answer of Mr. Fell was, "the Whig party, of course." Declining the proposition with much feeling Mr.

Douglas said, "When I came home from Washington I was a.s.sailed in the northern part of the State by an old line abolitionist, in the central part of the State by a Whig, and in Southern Illinois by an anti-Nebraska Democrat. I cannot hold the Whig responsible for what the abolitionist says, nor the anti-Nebraska Democrat responsible for what either of the others say, and it looks like d.o.g.g.i.ng a man all over the State." There was no further allusion to the subject, and Mr. Lincoln soon after called. The greeting between Judge Douglas and himself was most cordial, and their conversation, princ.i.p.ally of incidents of their early lives, of the most agreeable and friendly character. Judge Lawrence Weldon, just then at the beginning of an honorable career, was present at the above interview, and has in a sketch of Mr. Lincoln given its incidents more in detail.

Courts of justice, and the law as a distinctive calling, are the necessary outgrowths of civilization. In his rude state, man avenged his wrongs with his own strong arm, and the dogma, "Might makes right," pa.s.sed unchallenged. But as communities a.s.sumed organic form, tribunals were inst.i.tuted for the administration of justice and the maintenance of public order. The progress of society, from a condition of semi-barbarism and ignorance to a state of the highest culture and refinement, may be traced by its advancement in the modes of administering justice, and in the character and learning of its tribunals. The advance steps taken from time to time in the history of jurisprudence are the milestones which stand out on the highway of civilization. All along the pathway of human progress, the courts of justice have been the sure criteria by which to judge of the intelligence and virtue of our race.

Truly it has been said: "With the coming of the lawyer came a new power in the world. The steel-clad baron and his retainers were awed by terms they had never before heard and did not understand, such as precedent, principle, and the like. The great and real pacifier of the world was the lawyer. His parchment took the place of the battle-field. The flow of his ink checked the flow of blood.

His quill usurped the place of the sword. His legalism dethroned barbarism. His victories were victories of peace. He impressed on individuals and on communities that which he is now endeavoring to impress on nations, that there are many controversies that it were better to lose by arbitration than to win by war and bloodshed."

It is all-important, never more so than now, that the people should magnify the law. Whatever lessens respect for its authority bodes evil and only evil to the State. No occasion could arise more appropriate than this in which to utter solemn words of warning against an evil of greater menace to the public weal than aught to be apprehended from foreign foe. In many localities a spirit of lawlessness has a.s.serted itself in its most hideous form. The rule of the mob has at times usurped that of the law. Outrages have been perpetrated in the name of summary justice, appalling to all thoughtful men. It need hardly be said that all this is in total disregard of individual rights, and utterly subversive of all lawful authority.

By the solemn adjudication of courts, and under the safeguards of law, the fact of guilt is to be established, and the guilty punished. The spirit of the mob is in deadly antagonism to all const.i.tuted authority. Unless curbed it will sap the foundation of civilized society. Lynching a human creature is no less murder when the act of a mob than when that of a single individual. There is no safety to society but in an aroused public sentiment that will hold each partic.i.p.ant amenable to the law for the consequences of the crime he either perpetrates or abets. This is the land of liberty, "of the largest liberty," but let it never be forgotten that it is liberty regulated by law. Let him be accounted a public enemy who would weaken the bonds of human society, and destroy what it has cost our race the sacrifice and toil of centuries to achieve.