As a lawyer his rank was good, almost eminent, in the State, but his career in Congress was a failure. He was a member of the Thirty- seventh Congress, and he failed to realize the issues and to comprehend the duties of a public man in an hour of peril. In 1862 he abandoned the Republican Party, and joined himself to a temporary organization in the State, called the People"s Party.

The party disappeared upon its defeat in November, 1862, and Judge Thomas disappeared from politics.

Mr. Kinnicutt, the Speaker, in 1842, was a gentleman of agreeable manners, fair presence, and respectable, moderate abilities. He administered the office with entire fairness. His elevation to the post of Speaker, then thought to be one of great importance, may have been due to his residence at Worcester. In those days, as in these, Worcester was a center of political power and its leading men were able always to command consideration. When, in 1840, it was an urgency in party politics to defeat Governor Morton, John Davis, of Worcester, called "Honest John," was selected as the candidate, although he was then a member of the United States Senate.

In the sessions of 1843 and 1844, I originated three measures and introduced bills designed to give legal form to the measures.

1. A bill requiring cashiers of banks and treasurers of all other corporations to return to the a.s.sessors of each city and town the names of stockholders residing in each such city or town, the shares held by each and the par value of the shares. The bill was pa.s.sed. The holders of stock who had theretofore escaped taxation were enraged, and a meeting to denounce the measure was held in Boston.

2. A bill to require the mortgagee to pay the tax on mortgaged real estate. The bill was then defeated, but recently the measure has become a law.

3. The reduction of the poll tax.

On each of the last two measures I made a speech which was reported in the Boston _Post_. Upon the revival of the question concerning the taxation of mortgaged real estate, my opinions were not as firmly in its favor as they had been in 1843, when I originated and advocated the measure.

The a.s.sessment of a poll-tax as a prerequisite to the exercise of the right to vote is a relic of the property qualification and it ought not any longer to find a place in the policy of free States. As persons without acc.u.mulated property enjoy the benefits of free schools, the use of roads and bridges, and the protection of the laws, there is a justification for the a.s.sessment of a capitation tax, but the right to vote should not be dependent upon its payment.

XI THE ELECTION OF 1842, AND THE DORR REBELLION

The election of 1842 was contested by the Democratic Party and successfully, upon the charge that the Whig Administration had unwisely and illegally aided the "law and order party" in Rhode Island in the controversy with Thomas W. Dorr, the leader of the party engaged in an attempt to change the form of government in that State. At that time the people of Rhode Island were living under the charter granted by Charles II. Its provisions were illiberal in the opinion of the majority of the people of Rhode Island, but the majority of the voters under the Charter thought otherwise. Mr. Dorr represented the popular opinion, and Governor King represented the dominant cla.s.s. Governor King was a Whig and, naturally the Whig Party of Ma.s.sachusetts sympathized with him. Gen. H. A. S. Dearborn, who had been an officer in the War of 1812, was then Adjutant-General of Ma.s.sachusetts. In his haste to aid Governor King, he loaned to him quite a quant.i.ty of muskets from the State a.r.s.enal. This act caused great criticism and contributed to the overthrow of the Whig Party in 1842, if it did not in fact cause it. Dorr had organized a government, under a const.i.tution which had been ratified by such of the people of Rhode Island as chose to vote upon it. The Dorr legislature a.s.sembled, a military force was organized, and the State seemed to be on the eve of a b.l.o.o.d.y contest.

Governor King appealed for aid to President Tyler. The President recognized Governor King as the head of the lawful government of the State, and although the aid was not granted, the Dorr Rebellion came to an end. The courts followed the political department of the government, and the attempt of Dorr and his a.s.sociates was a failure in fact and in law. The failure was followed, however, by the adoption of a const.i.tution from which the most objectionable features of the Charter were removed.

In 1842 Ma.s.sachusetts was living under the majority system. The Abolitionists placed a candidate in nomination. As a consequence there was no election of Governor by the people. The Democrats succeeded in obtaining a majority of the Senators elected. The House was about equally divided between the Whigs and the Democrats, and the balance of power was in the hands of four Abolitionists, who were led by one Lewis Williams of Easton. Williams was a sort of personage for ten or twelve days, when he disappeared from public view.

In the contest for Speaker the Democrats supported Seth J. Thomas, of Charlestown, and the Whigs nominated Thomas Kinnicutt, of Worcester, who had held the office of Speaker in 1842. The Abolitionists voted for Williams. The struggle continued for two days without a result.

On the third day Mr. Kinnicutt withdrew his name, and his friends presented the name of Daniel P. King, of Danvers.

Mr. Thomas made a short speech in which he said that he was in the hands of his friends. The Democrats attempted to change front, and to secure the election of Williams. The attempt failed, and Mr. King was elected. Mr. King was a man of moderate abilities, but he had made himself acceptable to the voting element of the Anti-Slavery Party.

His election as Speaker, was followed by his election to the Twenty- eighth Congress. The southern part of Ess.e.x County had been represented by Leverett Saltonstall, of Salem. He was the candidate of the Whig Party in 1842, but the votes of the Anti-Slavery men prevented his election. Mr. Saltonstall was a man of superior abilities and a perfect gentleman in bearing and conduct. He had been a Federalist and my impressions were adverse to him. In 1844 he came to the Ma.s.sachusetts House of Representatives. He was appointed Chairman of the Judiciary Committee of which I was a member. All my prejudices were removed, and I came to admire his qualities as a man, and his capacity as a legislator.

Upon the organization of the House of Representatives, in 1843, the two Houses in convention, proceeded to the election of a Governor, Lieutenant Governor, Council, and heads of the several administrative bureaus. Marcus Morton, of Taunton, was elected Governor, Dr. Childs of Pittsfield (Henry H.) was chosen Lieutenant Governor, and of the subordinate officers all were Democrats.

The nomination of John A. Bolles, for the office of Secretary of the Commonwealth, gave rise to a singular episode in politics. John P.

Bigelow, of Boston, had held that office for several years. He had performed the duties acceptably, and there was a difference of opinion in the Democratic Party as to the expediency of a change. The caucus decided to make a change. Upon the announcement of the nomination of Mr. Bolles, Nathaniel Wood, who had been elected a Senator in convention, from the county of Worcester, left the caucus and the next day he resigned his seat in the Senate. His peculiarities did not end with this act. In 1850 he was elected to the House for the year 1851, as a Coalition Democrat. He voted for Sumner, but he was greatly annoyed by the charge of the Whigs that there had been an unholy coalition between a portion of the Democratic Party and the Free- soilers. In replying to the allegations, he made the counter charge that there was a coalition between the Whigs and the "old hunker Democrats" as they were called. They were, in fact, the Democrats who would not vote for Sumner. A member called upon Wood for the evidence. This question he had not antic.i.p.ated, and after staggering for a reply, he said--"I have seen them whispering together." As legal evidence the answer was faulty, but in a moral point of view it was not without force.

Governor Morton was a man of solid qualities. He had been upon the bench of the Supreme Judicial Court of the State for many years and in the fellowship of such jurists as Chief Justice Shaw, Judges Wilde, Putnam, Hubbard, and others, and he had borne himself with credit and perhaps even with distinction. He was a favorite of the Democratic Party and for many years he had been its candidate for Governor, and always without opposition. His election in 1839 was due to the public dissatisfaction with the Temperance Act pa.s.sed in 1838 and known as the Fifteen-Gallon Law. He became Governor in the year 1840, but as his Council and the two Houses were controlled by the Whig Party neither his friends nor his enemies had any means of testing his quality as a political administrator. In 1843, however, the circ.u.mstances were different. His political friends were in power in every branch of the government. Party expectations were not realized, and Governor Morton"s administration was not popular with the party generally.

Early in the session, Benjamin F. Hallett, a member of the Executive Council, became alienated, and the spirit of harmony was banished from that branch of the government.

As the election had been carried upon the Dorr Rebellion, it was thought expedient to recognize the event by a dinner in Faneuil Hall.

Dorr was then an exile, and the guest of Henry Hubbard, Democratic Governor of New Hampshire. Dorr was invited to the dinner, but he did not attend. It was a.s.serted that he was given to understand that Governor Morton would by placed in an unpleasant position if Dorr were to come to Ma.s.sachusetts from New Hampshire, and at the same time, a requisition should come from the Governor of Rhode Island for his delivery to answer in that State to an indictment for treason. The incident gave rise to a good deal of feeling, and finally, Governor Morton did not attend the banquet. Thus it happened that neither of the chiefs in whose honor the banquet was arranged, was in attendance on the occasion.

I was appointed Chairman of the Committee on Invitations. These were sent to leading Democrats in all parts of the country and especially were they sent to distinguished members of Congress. The answers contained only the most delicate and remote allusions to the object of the festival. The letters were turned over to the officers of the meeting. For myself, I retained only the envelope of the letter of Mr.

Calhoun with his frank upon the right-hand corner. I had not previously seen a letter envelope.

Governor Morton"s administration was a failure, and at the election in 1843 he was defeated by Governor Briggs. The State was a Whig State, and a Democratic administration for two successive years was an impossibility. My impressions of Governor Morton underwent several changes. Previous to his election in 1843 I had regarded him as one of the able men of the country. His lack of courage, and his apparent desertion of his friends in 1843 produced an unfavorable impression upon me both of his character and of his abilities. As to his character, my impressions remain. Of his abilities I can have no doubt.

With some exceptions the policy and measures of the Democratic Party in 1843 were crude and unwise. They demanded changes under the name of reforms. The chief measure was a bill to reduce the salaries of public officers, including the salaries of the governor, the lieutenant governor, and the judges of all the courts. The Whigs resisted the pa.s.sage of the bill, upon the ground of its injustice to the persons in office, and of its unconst.i.tutionality in respect to the salaries of the judges of the Supreme Judicial Court.

The bill became a law, and upon the return of the Whigs to power in 1844, the salaries of the judges of the Supreme Judicial Court were restored, and they were reimbursed for the loss sustained by the act of 1843. At the session of 1844 I made an argument upon the const.i.tutional question, but it was of no avail. As I have not read my own argument since 1844 I am not prepared to say that it is unsound.

By the election of 1843 Governor Morton was defeated. George N. Briggs who had been for many years a member of Congress from the Berkshire District, was elected Governor, and with him a majority of his political friends in the two Houses. Governor Briggs held the office until January 1851. He was a man of fair, natural abilities, with a taste for politics. He had risen from a low condition of life but he was entirely free from the vices of the world. As a rigid temperance man and opponent to slavery, the middle cla.s.ses of the State became his supporters without argument. He held the office for seven years, but he was defeated by the coalition of 1850.

Among the leading members of the House in 1844, was Joseph Bell, then recently from Hanover, N. H. He was named second on the Judiciary Committee, and to him was committed the conduct of the bill to restore the judges" salaries. He was a man of ma.s.sive frame and of great vigor of body. His voice was loud, but it lacked those elements that come from cultivation. He had acc.u.mulated considerable wealth in the country and he had come to Boston for ease and comfort in age. His career was brief as he lived only a few years thereafter.

Of the affirmative measures of the Legislature of 1844 the most important perhaps was the statute requiring the registration of births, marriages, and deaths. Previous to that time there was no authoritative records of births, marriages, or deaths. The books of town clerks, the records of clergymen, and the entries in family Bibles were the sources of information. The information was never complete, and often that obtained was inaccurate. The promoters of the measure were Dr. Edward Jarvis of Dorchester and Lemuel Shattuck of Concord.

They were both enthusiastic upon the subject and when they had created in me an interest, they furnished me with books and doc.u.ments including reports of the English and French systems. The pet.i.tion or memorial was referred to the Judiciary Committee and it fell to me to prepare the bill. This I did with the aid, and largely under the direction, of Shattuck and Jarvis. Then for the first time I had practical use for the small stock of knowledge that I had acquired of the French language. Previous to my election to the Legislature I had purchased a series of books on the French language, known as "French Without a Teacher." My study of the language had been limited to fragments of time that I could command while engaged in the business of the store.

Upon my election to the Legislature I made the acquaintance of Count La Porte who had been a professor of the French language at Cambridge.

I took lessons from him during the sessions of 1842 and 1843.

In the year 1844 I received from the Democratic Party the nomination for a seat in Congress. It was a barren honor. The district was in the hands of the Whig Party by a respectable majority. In the canva.s.s of 1842 the Whigs had nominated John P. Robinson. He was not an acceptable candidate, and the candidate of the Abolitionists received a large vote. The Democratic candidate was Joseph W. Mansur of Lowell. In the first contest he was near an election by a majority.

At the second trial his friends had high hopes of success. At the close of the contest it was found that he had lost votes. His friends charged that his loss was due to the secret opposition of Josiah G. Abbott, who was a rival to Mansur, in the city of Lowell.

In 1844 Mansur retired from the field and Abbott became a candidate.

Mansur"s friends were opposed to the nomination of Abbott, and by their action the nomination came to me. The district was then hopeless. In 1842 the Dorr question was uppermost in the public mind. That had lost its power. In a Presidential contest Ma.s.sachusetts was Whig by an immense majority. National questions were all-controlling. I was renominated for Congress in 1846 and 1848. I canva.s.sed the district and made speeches in the princ.i.p.al places but as to success I never had any hope.

The 17th day of June, 1843, Mr. Webster delivered the address upon the completion of the Bunker Hill Monument. President Tyler and some members of his Cabinet were present. The concourse of people was so great that experts were justified in estimating the number at one hundred thousand. This was the third opportunity that I had had to hear Mr. Webster speak. The first was in the Senate in January, 1839.

A few days later I was present in the gallery of the Supreme Court room, and heard the argument in the case of Smith _v._ Richards.

Mr. Webster appeared for Smith and Mr. Crittenden for Richards. The subject was the sale of a gold mine in which fraud was alleged by Smith. The judgment was for Richards, three judges dissenting. For the first time I heard the word "denizen," used by Mr. Crittenden.

The election of 1844 was disastrous to the Democratic Party of Ma.s.sachusetts. George Bancroft was its candidate for Governor. He was an enthusiastic leader, but not a popular candidate. I recall the circ.u.mstance that I met him during the canva.s.s at the head of Hanover Street, Boston, when some news favorable to Polk had been received. He had a small cane in his hand which he whirled in the air, and shouted: "Glorious! Glorious!" until we were surrounded by a crowd of men and boys.

At the November election I was defeated by a majority of seventy-six, I think, in a vote of about four hundred. I had some political sins of my own that intensified the hostility of my Whig neighbors, and many Democrats voted the Whig ticket.

The act requiring the treasurers and cashiers of corporations to return the names of stockholders to the a.s.sessors of the cities and towns where the stockholders resided with the amount of stock held by each, could not be overlooked by those who had suffered. The recollection of my part in the business was still fresh in the minds of the victims.

Next the scheme for the annexation of Texas was treated as a Democratic measure, and every Democrat suffered for the sin of the party. As to myself, I had spoken in the House against the scheme. I was a member of the Committee, of which Charles F. Adams was Chairman, that had made reports adverse to the measure. The circ.u.mstances, however, availed nothing. Mr. Clay"s popularity was great, notwithstanding the indifference or concealed hostility of Mr. Webster. Indeed, Mr.

Webster"s popularity had suffered from his connection with John Tyler.

Mr. Polk had no strength in Ma.s.sachusetts. He was the nominee of the Democratic Party, nothing more. Before the day of election came in Ma.s.sachusetts the election of Polk was known and conceded. New York voted the Monday preceding the Monday of the election in Ma.s.sachusetts, and the voting was not over until Wednesday night. There was a ma.s.s meeting at Pepperell, Thursday afternoon, at which Benjamin F. Hallett and myself spoke. Mr. Hallett was very confident of Polk"s election.

I was in doubt.

That evening I spoke at Chelmsford, and upon my return to Groton, I found several Whigs at h.o.a.r"s tavern, who were congratulating themselves upon a Whig victory in New York. Their authority was the Boston _Atlas,_ an authority not universally accepted at that time. As I pa.s.sed through the bar-room, after leaving my horse at the stable, I was rallied, and the a.s.sertion was made with great confidence that Mr.

Clay was elected. I could only say in reply that they had better wait until they had some other authority for the claim. I went to my house, however, with many doubts as to the success of Polk.

At that time there was no railway communication between Boston and Groton. The first intelligence from abroad came from Lowell. My friends there sent to me a copy of the _Vox Populi,_ printed during the night, and which contained the truthful returns from New York. At that time the _Vox Populi_ was not in very good repute, and I thought it unwise to quote it to anyone. I thrust it into my desk without mentioning its contents.

Upon the arrival of the stage from Boston, I received a bundle of papers from my old friend General Staples, which confirmed the news furnished by the _Vox Populi_. These papers I also thrust into my desk, and went to the post-office. The outer room was filled with Whigs--not one Democrat present. The Whigs were still reposing upon the news printed in the Boston _Atlas,_ but my statement that I had information more recent and that Polk had carried New York disturbed their composure.

At length the postmaster, Caleb Butler, opened the slide door, and pa.s.sed out a copy of the Boston _Courier_. The receiver opened it.

There were no capitals, no signs of exultation, and without waiting for the reading of the text, the a.s.sembly accepted the fact that Clay was defeated.

The Whigs of Ma.s.sachusetts and indeed of the whole country were deeply grieved by the defeat of Mr. Clay. In many instances his popularity had ripened into personal friendship. His defeat came to many families as a real loss. Among the disappointed Whigs who had met at the post- office that morning was a neighbor and friend of mine, Mr. Aaron Perkins. In his excitement he said with an oath, "Next Monday we will give you a whipping." His declaration was verified. Many Democrats whose names were never disclosed to me voted for the Whig candidate, Deacon William Livermore, and he was elected by a majority of more than seventy votes. The next year he was re-elected by a diminished majority.

In 1846 the Whig Party nominated a new candidate, Edwin Coburn, a young lawyer then in the office of George F. Farley, with whom Coburn had studied his profession. Coburn was a man of good parts intellectually, a fair debater, and an intimate friend of mine. The town was canva.s.sed thoroughly. Two ballots were taken during the first day. I received one hundred and ninety-six votes, and Coburn received one hundred and ninety-six votes at each ballot, and there were four scattering votes.

The meeting was adjourned to the succeeding day. That night there was a rally of the absentees. The Democrats sent to Lowell, Manchester, N. H., and Boston, there being an absentee at each of those places.

Upon the first ballot the second day I received two hundred and eleven votes and Coburn two hundred and seven. Of scattering votes there were none. From that time forward the town was Democratic. In all the previous contests I had contended against a Whig majority. My success had been due to the friendship of a number of Whig families, to my strength among the young men, and to a more perfect organization of the Democratic Party. The annexation of Texas, and the Mexican War, had alienated the support of some, and to this fact was due the closeness of the contest of 1846.

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