lected. Under these circ.u.mstances no report from the committee was possible; but the committee on munic.i.p.al affairs, having brought in a bill to legislate out of office the city inspector and all his a.s.sociates, and to put in a new and thoroughly qualified health board, I made a carefully prepared speech, which took the character of a report. The facts which I brought out were sufficient to condemn the whole existing system twenty times over. By testimony taken under oath the monstrosities of the existing system were fully revealed, as well as the wretched character of the ""health officers,"" ""inspectors,"" and the whole army of underlings, and I exhibited statistics carefully ascertained and tabulated, showing the absurd disproportion of various cla.s.ses of officials to each other, their appointment being made, not to preserve the public health, but to carry the ward caucuses and elections. During this exposure Boole, the head of the whole system, stood not far from me on the floor, his eyes fastened upon me, with an expression in which there seemed to mingle fear, hatred, and something else which I could hardly divine. His face seemed to me, even then, the face of a madman. So it turned out. The new bill drove him out of office, and, in a short time, into a madhouse.I have always thought upon the fate of this man with a sort of sadness. Doubtless in his private relations he had good qualities, but to no public service that I have ever been able to render can I look back with a stronger feeling that my work was good. It unquestionably resulted in saving the lives of hundreds, nay thousands, of men, women, and children; and yet it is a simple fact that had I, at any time within a year or two afterward, visited those parts of the city of New York which I had thus benefited, and been recognized by the dwellers in the tenement houses as the man who had opposed their dramshop- keepers and brought in a new health board, those very people whose lives and the lives of whose children I had thus saved would have mobbed me, and, if possible, would have murdered me.
Shortly after the close of the session I was invited to give the Phi Beta Kappa address at the Yale commencement, and as the question of the reconstruction of the Union at the close of the war was then the most important subject before the country, and as it seemed to me best to strike while the iron was hot, my subject was ""The Greatest Foe of Republics."" The fundamental idea was that the greatest foe of modern states, and especially of republics, is a political caste supported by rights and privileges. The treatment was mainly historical, one of the main ill.u.s.trations being drawn from the mistake made by Richelieu in France, who, when he had completely broken down such a caste, failed to destroy its privileges, and so left a body whose oppressions and a.s.sumptions finally brought on the French Revolution.
Though I did not draw the inference, I presume that my auditors drew it easily: it was simply that now, when the slave power in the Union was broken down, it should not be allowed to retain the power which had cost the country so dear.
The address was well received, and two days later there came to me what, under other circ.u.mstances, I would have most gladly accepted, the election to a professorship at Yale, which embraced the history of art and the direction of the newly founded Street School of Art. The thought of me for the place no doubt grew out of the fact that, during my stay in college, I had shown an interest in art, and especially in architecture, and that after my return from Europe I had delivered in the Yale chapel an address on ""Cathedral Builders and Mediaeval Sculptors""
which was widely quoted.
It was with a pang that I turned from this offer. To all appearance, then and now, my life would have been far happier in such a professorship, but to accept it was clearly impossible. The manner in which it was tendered me seemed to me almost a greater honor than the professorship itself. I was called upon by a committee of the governing body of the university, composed of the man whom of all in New Haven I most revered, Dr. Bacon, and the governor of the State, my old friend Joseph R.
Hawley, who read to me the resolution of the governing body and requested my acceptance of the election.
Nothing has ever been tendered me which I have felt to be a greater honor.
A month later, on the 28th of August, 1866, began at Albany what has been very rare in the history of New York, a special session of the State Senate:--in a sense, a court of impeachment.
Its purpose was to try the county judge of Oneida for complicity in certain illegal proceedings regarding bounties.
""Bounty jumping"" had become a very serious evil, and it was claimed that this judicial personage had connived at it.
I must confess that, as the evidence was developed, my feelings as a man and my duties as a sworn officer of the State were sadly at variance. It came out that this judge was endeavoring to support, on the wretched salary of $1800 a year allowed by the county, not only his own family, but also the family of his brother, who, if I remember rightly, had lost his life during the war, and it seemed to me a great pity that, as a penalty upon the people of the county, he could not be quartered upon them as long as he lived. For they were the more culpable criminals. Belonging to one of the richest divisions of the State, with vast interests at stake, they had not been ashamed to pay a judge this contemptible pittance, and they deserved to have their law badly administered. This feeling was undoubtedly wide-spread in the Senate; but, on the other hand, there was the duty we were sworn to perform, and the result was that the judge was removed from office.
During this special session of the State Senate it was entangled in a curious episode of national history. The new President, Mr. Andrew Johnson, had been induced to take an excursion into the north and especially into the State of New York. He was accompanied by Mr. Seward, the Secretary of State; General Grant, with his laurels fresh from the Civil War; Admiral Farragut, who had so greatly distinguished himself during the same epoch, and others of great merit. It was clear that Secretary Seward thought that he could establish the popularity of the new administration in the State of New York by means of his own personal influence; but this proved the greatest mistake of his life.
On the arrival of the presidential party in New York City, various elements there joined in a showy reception to them, and all were happy. But the scene soon changed.
From the city Mr. Seward, with the President, his a.s.sociates, and a large body of citizens more or less distinguished, came up the Hudson River in one of the finest steamers, a great banquet being given on board. But on approaching Albany, Mr. Seward began to discover his mistake; for the testimonials of admiration and respect toward the President grew less and less hearty as the party moved northward. This was told me afterward by Mr.
Thurlow Weed, Mr. Seward"s lifelong friend, and probably the most competent judge of such matters in the United States. At various places where the President was called out to speak, he showed a bitterness toward those who opposed his policy which more and more displeased his audiences. One pet phrase of his soon excited derision. The party were taking a sort of circular tour, going northward by the eastern railway and steamer lines, turning westward at Albany, and returning by western lines; hence the President, in one of his earlier speeches, alluded to his journey as ""swinging round the circle.""
The phrase seemed to please him, and he constantly repeated it in his speeches, so that at last the whole matter was referred to by the people at large, contemptuously, as ""swinging round the circle,"" reference being thereby made, not merely to the President"s circular journey, but to the alleged veering of his opinions from those he professed when elected.
As soon as the State Senate was informed of the probable time when the party would arrive at Albany, a resolution was introduced which welcomed in terms: ""The President of the United States, Andrew Johnson; the Secretary of State, William H. Seward; the General of the Army, Ulysses S. Grant; and the Admiral of the Navy, David G. Farragut."" The feeling against President Johnson and his princ.i.p.al adviser, Mr. Seward, on account of the break which had taken place between them and the majority of the Republican party, was immediately evident, for it was at once voiced by amending the resolution so that it left out all names, and merely tendered a respectful welcome, in terms, to ""The President of the United States, the Secretary of State, the General of the Army, and the Admiral of the Navy."" But suddenly came up a second amendment which was little if anything short of an insult to the President and Secretary. It extended the respectful welcome, in terms, to ""The President of the United States; to the Secretary of State; to Ulysses S. Grant, General of the Army; and to David G. Farragut, Admiral of the Navy""; thus making the first part, relating to the President and the Secretary of State, merely a mark of respect for the offices they held, and the latter part a tribute to Grant and Farragut, not only official, but personal. Most earnest efforts were made to defeat the resolution in this form. It was pathetic to see old Republicans who had been brought up to worship Mr.
Seward plead with their a.s.sociates not to put so gross an insult upon a man who had rendered such services to the Republican party, to the State, and to the Nation.
All in vain! In spite of all our opposition, the resolution, as amended in this latter form, was carried, indicating the clear purpose of the State Senate to honor simply and solely the offices of the President and of the Secretary of State, but just as distinctly to honor the persons of the General of the Army and the Admiral of the Navy.
On the arrival of the party in Albany they came up to the State House, and were received under the portico by Governor Fenton and his staff. It was perfectly understood that Governor Fenton, though a Republican, was in sympathy with the party in the Senate which had put this slight upon the President and Secretary of State and Mr. Seward"s action was characteristic. Having returned a curt and dry reply to the guarded phrases of the governor, he pressed by him with the President and his a.s.sociates to the ""Executive Chamber"" near the entrance, the way to which he, of all men, well knew. In that room the Senate were a.s.sembled and, on the entrance of the visitors, Governor Fenton endeavored to introduce them in a formal speech; but Mr. Seward was too prompt for him; he took the words out of the governor"s mouth and said, in a way which thrilled all of us who had been brought up to love and admire him, ""In the Executive Chamber of the State of New York I surely need no introduction. I bring to you the President of the United States; the chief magistrate who is restoring peace and prosperity to our country.""
The whole scene impressed me greatly; there rushed upon me a strong tide of recollection as I contrasted what Governor Fenton had been and was, with what Governor Seward had been and was: it all seemed to me a ghastly mistake. There stood Fenton, marking the lowest point in the choice of a State executive ever reached in our Commonwealth by the Republican party: there stood Seward who, from his boyhood in college, had fought courageously, steadily, powerfully, and at last triumphantly, against the domination of slavery; who, as State senator, as governor, as the main founder of the Republican party, as senator of the United States and finally as Secretary of State, had rendered service absolutely inestimable; who for years had braved storms of calumny and ridicule and finally the knife of an a.s.sa.s.sin; and who was now adhering to Andrew Johnson simply because he knew that if he let go his hold, the President would relapse into the hands of men opposed to any rational settlement of the questions between the North and South. I noticed on Seward"s brow the deep scar made by the a.s.sa.s.sin"s knife when Lincoln was murdered; all the others, greatly as I admired Grant and Farragut, pa.s.sed with me at that time for nothing; my eyes were fixed upon the Secretary of State.
After all was over I came out with my colleague, Judge Folger, and as we left the Capitol he said: ""What was the matter with you in the governor"s room?"" I answered: ""Nothing was the matter with me; what do you mean?"" He said: ""The moment Seward began to speak you fastened your eyes intently upon him, you turned so pale that I thought you were about to drop, and I made ready to seize you and prevent your falling."" I then confessed to him the feeling which was doubtless the cause of this change of countenance.
As one who cherishes a deep affection for my native State and for men who have made it great, I may be allowed here to express the hope that the day will come when it will redeem itself from the just charge of ingrat.i.tude, and do itself honor by honoring its two greatest governors, De Witt Clinton and William H. Seward. No statue of either of them stands at Albany, the place of all others where such memorials should be erected, not merely as an honor to the two statesmen concerned, but as a lesson to the citizens of the State;--pointing out the qualities which ought to ensure public grat.i.tude, but which, thus far, democracies have least admired.
CHAPTER VIII
ROSCOE CONKLING AND JUDGE FOLGER--1867-1868
At the beginning of my fourth year at Albany, in 1867, came an election to the Senate of the United States. Of the two senators then representing the State, one, Edwin D. Morgan, had been governor, and combined the qualities of a merchant prince and of a shrewd politician; the other, Ira Harris, had been a highly respected judge, and was, from every point of view, a most worthy man: but unfortunately neither of these gentlemen seemed to exercise any adequate influence in solving the main questions then before Congress.
No more important subjects have ever come before that body than those which arose during the early years of the Civil War, and it was deeply felt throughout the State that neither of the senators fitly uttered its voice or exercised its influence.
Mr. Cornell, with whom I had then become intimate, was never censorious; rarely did he say anything in disapproval of any man; he was charitable in his judgments, and generally preferred to be silent rather than severe; but I remember that on his return from a stay in Washington, he said to me indignantly: ""While at the Capitol I was ashamed of the State of New York: one great question after another came up; bills of the highest importance were presented and discussed by senators from Ohio, Vermont, Missouri, Indiana, Iowa, and the rest; but from New York never a word!""
The question now was, who should succeed Senator Harris? He naturally desired a second term, and it would have given me pleasure to support him, for he was an old and honored friend of my father and mother, they having been, in their early life, his neighbors and schoolmates, and their friendship having descended to me; but like others I was disappointed that Senator Harris had not taken a position more fitting. His main efforts seemed to be in the line of friendly acts for his const.i.tuents. In so far as these were done for soldiers in the army they were praiseworthy; though it was generally felt that while arising primarily from a natural feeling of benevolence, they were mainly devoted to securing a body of friends throughout the State, who would support him when the time should come for his relection. Apparently with the same object, he was a most devoted supporter of New York office-seekers of all sorts. He had pleasing personal characteristics, but it was reported that Mr. Lincoln, referring to the senator"s persistency in pressing candidates for office, once said: ""I never think of going to sleep now without first looking under my bed to see if Judge Harris is not there wanting something for somebody.""Another candidate was Judge Noah Davis, then of Lockport, also a man of high character, of excellent legal abilities, a good speaker, and one who, had he been elected, would have done honor to the State. But on looking about I discovered, as I thought, a better candidate. Judge Bailey, of Oneida County, had called my attention to the claims of Mr. Roscoe Conkling, then a member of Congress from the Oneida district, who had distinguished himself as an effective speaker, a successful lawyer, and an honest public servant. He had, to be sure, run foul of Mr. Blaine of Maine, and had received, in return for what Mr. Blaine considered a display of offensive manners, a very serious oratorical castigation; but he had just fought a good fight which had drawn the attention of the whole State to him. A coalition having been formed between the anti-war Democrats and a number of disaffected Republicans in his district to defeat his relection to Congress, it had seemed likely to overwhelm him and drive him out of public life, and one thing seemed for a time likely to prove fatal to him:--the ""New York Tribune,"" the great organ of the party, edited by Horace Greeley, gave him no effective support. But the reason was apparent later when it became known that Mr. Greeley was to be a candidate for the senatorship, and it was evidently felt that should Mr. Conkling triumph in such a struggle, he would be a very serious compet.i.tor. The young statesman had shown himself equal to the emergency. He had fought his battle without the aid of Mr. Greeley and the ""Tribune,"" and won it, and, as a result, had begun to be thought of as a promising candidate for the United States senatorship. I had never spoken with him; had hardly seen him; but I had watched his course closely, and one thing especially wrought powerfully with me in his favor. The men who had opposed him were of the same sort with those who had opposed me, and as I was proud of their opposition, I felt that he had a right to be so. The whole force of Tammany henchmen and ca.n.a.l contractors throughout the State honored us both with their enmity.It was arranged among Mr. Conkling"s supporters that, at the great caucus which was to decide the matter, Mr.
Conkling"s name should be presented by the member of the a.s.sembly representing his district, Ellis Roberts, a man of eminent character and ability, who, having begun by taking high rank as a scholar at Yale, had become one of the foremost editors of the State, and had afterward distinguished himself not only in the State legislature, but in Congress, and as the head of the independent treasury in the city of New York. The next question was as to the speech seconding the nomination. It was proposed that Judge Folger should make it, but as he showed a curious diffidence in the matter, and preferred to preside over the caucus, the duty was tendered to me.
At the hour appointed the a.s.sembly hall of the old Capitol was full; floor and galleries were crowded to suffocation.
The candidates were duly presented, and, among them, Mr. Conkling by Mr. Roberts. I delayed my speech somewhat. The general course of it had been thought out beforehand, but the phraseology and sequence of argument were left to the occasion. I felt deeply the importance of nominating Mr. Conkling, and when the moment came threw my heart into it. I was in full health and vigor, and soon felt that a very large part of the audience was with me. Presently I used the argument that the great State of New York, which had been so long silent in the highest councils of the Nation, demanded A VOICE. Instantly the vast majority of all present, in the galleries, in the lobbies, and on the floor, rose in quick response to the sentiment and cheered with all their might. There had been no such outburst in the whole course of the evening. Evidently this was the responsive chord, and having gone on with the main line of my argument, I at last closed with the same declaration in different form;--that our great Commonwealth,--the most important in the whole sisterhood of States,--which had been so long silent in the Senate, WISHED TO BE HEARD, and that, therefore, I seconded the nomination of Mr. Conkling. Immediately the whole house rose to this sentiment again and again, with even greater evidence of approval than before; the voting began and Mr. Conkling was finally nominated, if my memory is correct, by a majority of three.
The moment the vote was declared the whole a.s.sembly broke loose; the pressure being removed, there came a general effervescence of good feeling, and I suddenly found myself raised on the shoulders of stalwart men who stood near, and rapidly carried over the heads of the crowd, through many pa.s.sages and corridors, my main anxiety being to protect my head so that my brains might not be knocked out against stairways and doorways; but presently, when fairly dazed and bewildered, I was borne into a room in the old Congress Hall Hotel, and deposited safely in the presence of a gentleman standing with his back to the fire, who at once extended his hand to me most cordially, and to whom I said, ""G.o.d bless you, Senator Conkling. ""A most hearty response followed, and so began my closer acquaintance with the new senator.
Mr. Conkling"s election followed as a thing of course, and throughout the State there was general approval.
During this session of 1867 I found myself involved in two rather curious struggles, and with no less a personage than my colleague, Judge Folger.
As to the first of these I had long felt, and still feel, that of all the weaknesses in our inst.i.tutions, one of the most serious is our laxity in the administration of the criminal law. No other civilized country, save possibly the lower parts of Italy and Sicily, shows anything to approach the number of unpunished homicides, in proportion to the population, which are committed in sundry parts of our own country, and indeed in our country taken as a whole.
In no country is the deterrent effect of punishment so vitiated by delay; in no country is so much facility given to chicanery, to futile appeals, and to every possible means of clearing men from the due penalty of high crime, and especially the crime of murder.
It was in view of this fact that, acting on the advice of an old and able judge whose experience in criminal practice had been very large, I introduced into the Senate a bill to improve the procedure in criminal cases. The judge just referred to had shown me the absurdities arising from the fact that testimony in regard to character, even in the case of professional criminals, was not allowed save in reb.u.t.tal. It was notorious that professional criminals charged with high crimes, especially in our large cities, frequently went free because, while the testimony to the particular crime was not absolutely overwhelming, testimony to their character as professional criminals, which, in connection with the facts established, would have been absolutely conclusive, could not be admitted.
I therefore proposed that testimony as to character in any criminal case might be introduced by the prosecution if, after having been privately submitted to the judge, he should decide that the ends of justice would be furthered thereby.
The bill was referred to the Senate judiciary committee, of which Judge Folger was chairman. After it had lain there some weeks and the judge had rather curtly answered my questions as to when it would be reported, it became clear to me that the committee had no intention of reporting it at all, whereupon I introduced a resolution requesting them to report it, at the earliest day possible, for the consideration of the Senate, and this was pa.s.sed in spite of the opposition of the committee. Many days then pa.s.sed; no report was made, and I therefore introduced a resolution taking the bill out of the hands of the committee and bringing it directly before the committee of the whole. This was most earnestly resisted by Judge Folger and by his main a.s.sociate on the committee, Henry Murphy of Brooklyn. On the other hand I had, to aid me, Judge Lowe, also a lawyer of high standing, and indeed all the lawyers in the body who were not upon the judiciary committee. The result was that my motion was successful; the bill was taken from the committee and immediately brought under discussion.
In reply to the adverse arguments of Judge Folger and Mr. Murphy, which were to the effect that my bill was an innovation upon the criminal law of the State, I pointed out the fact that evidence as to the character of the person charged with crime is often all-important; that in our daily life we act upon that fact as the simplest dictate of common sense; that if any senator present had his watch stolen from his room he would be very slow to charge the crime against the servant who was last seen in the room, even under very suspicious circ.u.mstances; but if he found that the servant had been discharged for theft from various places previously, this would be more important than any other circ.u.mstance. I showed how safeguards which had been devised in the middle ages to protect citizens from the feudal lord were now used to aid criminals in evading the law, and I ended by rather unjustly compar- ing Judge Folger to the great Lord Chancellor Eldon, of whom it was said that, despite his profound knowledge of the law, ""no man ever did so much good as he prevented."" The result was that the bill was pa.s.sed by the Senate in spite of the judiciary committee.
During the continuance of the discussion Judge Folger had remained in his usual seat, but immediately after the pa.s.sage of the bill he resumed his place as president of the Senate. He was evidently vexed, and in declaring the Senate adjourned he brought the gavel down with a sort of fling which caused it to fly out of his hand and fall in front of his desk on the floor. Fortunately it was after midnight and few saw it; but there was a general feeling of regret among us all that a man so highly respected should have so lost his temper. By common consent the whole matter was hushed; no mention of it, so far as I could learn, was made in the public press, and soon all seemed forgotten.
Unfortunately it was remembered, and in a quarter which brought upon Judge Folger one of the worst disappointments of his life.
For, in the course of the following summer, the Const.i.tutional Convention of the State was to hold its session and its presidency was justly considered a great honor. Two candidates were named, one being Judge Folger and the other Mr. William A. Wheeler, then a member of Congress and afterward Vice-President of the United States. The result of the canvas by the friends of both these gentlemen seemed doubtful, when one morning there appeared in the ""New York Tribune,"" the most powerful organ of the Republican party, one of Horace Greeley"s most trenchant articles. It dwelt on the importance of the convention in the history of the State, on the responsibility of its members, on the characteristics which should mark its presiding officer, and, as to this latter point, wound up pungently by saying that it would be best to have a president who, when he disagreed with members, did not throw his gavel at them. This shot took effect; it ran through the State; people asked the meaning of it; various exaggerated legends became current, one of them being that he had thrown the gavel at me personally;--and Mr. Wheeler became president of the convention.
But before the close of the session another matter had come up which cooled still more the relations between Judge Folger and myself. For many sessions, year after year, there had been before the legislature a bill for establishing a ca.n.a.l connecting the interior lake system of the State with Lake Ontario. This was known as the Sodus Ca.n.a.l Bill, and its main champion was a public-spirited man from Judge Folger"s own district. In favor of the ca.n.a.l various arguments were urged, one of them being that it would enable the United States, while keeping within its treaty obligations with Great Britain, to build ships on these smaller lakes, which, in case of need, could be pa.s.sed through the ca.n.a.l into the great chain of lakes extending from Lake Ontario to Lake Superior. To this it was replied that such an evasion of the treaty was not especially creditable to those suggesting it, and that the main purpose of the bill really was to create a vast water power which should enure to the benefit of sundry gentlemen in Judge Folger"s district.