Chapter I · ON THE CIRCUIT II. IN THE HOUSE OF REPRESENTATIVES III. AGAIN IN CONGRESS IV. THE VICE-PRESIDENT V. THE SENATE OF THE UNITED STATES VI. A TRIBUTE TO LINCOLN VII. STEPHEN A. DOUGLAS VIII. THE FIRST POLITICAL TELEGRAM IX. ALONG THE BYPATHS OF HISTORY X. THE CODE OF HONOR XI. A PRINCELY GIFT XII. THE OLD RANGER XIII. THE MORMON EXODUS FROM ILLINOIS XIV. A KENTUCKY COLONEL XV. FORGOTTEN EVENTS OF THE LONG AGO XVI. ROBERT G. INGERSOLL XVII. A CAMP-MEETING ORATOR XVIII. CLEVELAND AS I KNEW HIM XIX. THE UNANIMOUS CHOICE FOR SPEAKER XX. A LAWYER OF THE OLD SCHOOL XXI. HIGH DEBATE IN THE MOUNTAINS XXII. THE SAGE OF THE BAR XXIII. "THE GENTLEMAN FROM MISSISSIPPI" XXIV. AN OLD-TIME COUNTRY DOCTOR XXV. A QUESTION OF AVAILABILITY XXVI. A STATESMAN OF A PAST ERA XXVII. NOT GUILTY OF PREACHING THE GOSPEL XXVIII. AMONG THE ACTORS XXIX. THE LOST ART OF ORATORY XXX. THE COLONELS XXXI. REMINISCENCES XXXII. A TRIBUTE TO IRELAND XXXIII. THE BLIND CHAPLAIN XXXIV. A MEMORABLE CENTENNIAL XXXV. COLUMBUS MONUMENT IN CENTRAL PARK XXXVI. A PLATFORM NOT DANGEROUS TO STAND UPON XXXVII. ANECDOTES OF GOVERNOR OGLESBY XXXVIII. THE ONE ENEMY XXXIX. CONTRASTS OF TIMES XL. ENDORSING THE ADMINISTRATION XLI. ANECDOTES ABOUT LINCOLN XLII. FIRST LEGISLATIVE ASSEMBLY IN AMERICA XLIII. A NEW DAY ADDED TO THE CALENDAR XLIV. A MOUNTAIN COLLEGE XLV. DEDICATION OF A NATIONAL PARK XLVI. A BAR MEETING STILL IN SESSION XLVII. THE HAYNE-WEBSTER DEBATE RECALLED XLVIII. IN THE HIGHLANDS XLIX. ANECDOTES OF LAWYERS L. OUR NOBLE CALLING LI. THE "HOME-COMING" AT BLOOMINGTON (continued 2)

Many years ago McCullough, the tragedian, was giving his splendid impersonations of the two masterpieces of Shakespeare at the national Capital. The morning following one of these, Mr. Knott and I, passing along the avenue on our way to the House, were stopped by an exceedingly solemn-visaged individual who, addressing the former, said: "Mr. Knott, I would like to have your judgment as to which is the best play, Hamlet or Macbeth."

Gazing earnestly at his inquisitor, and in a tone at once deprecatory and inimitable, Knott replied: "My friend, don't ask me that question. I am a politician, and a candidate for re-election to Congress; my district is about equally divided; Hamlet has his friends down there, and Macbeth his, and I am unwilling to take any part between them!"

When in joint canvass with his competitor for the Governorship of the State, Mr. Knott, having, by appointment, at one of the county seats in "the Purchase," made the opening speech, was seated near by to listen to that of the opposing candidate. The latter, a gentleman having a high sense of propriety, and a dignity of bearing that would have done no discredit to an assembly of divines, had been exceedingly annoyed by Knott's speech, which had in very truth kept the audience in an uproar during its entire delivery. Beginning his reply, he said:

"Fellow-citizens, I will endeavor to indicate to you the kind of a man who, in my judgment, should be elected to the position of Governor of this grand old commonwealth. In the first place, that exalted position would never be filled by one who, for lack of serious argument, constantly appeals to the risibilities of his audience; never by a wit, a mere joker, a story-teller; in other words—if you will pardon me, my fellow-citizens—by a mere buffoon. On the contrary, the incumbent of the exalted position of chief executive of this grand old commonwealth should be a gentleman of character, of ability, the worthy successor of Shelby, of Morehead, of Crittenden; he should be a gentleman of scholastic attainments and of dignified bearing, well versed in classic lore and a thorough student of the higher order of state-craft. In a word, fellow-citizens, you should elect as your Governor a gentleman of lofty character, of ripe scholarship, of commanding dignity, of exalted statesmanship, of ——"

At this point, Knott, interrupting, said, in manner and tone the exact counterpart of that of the speaker, "Pardon me, Colonel Smith, but I am too modest a man to listen longer to the beautiful and truthful description you have just given of me!"

Whereupon, amidst the wildest applause, he retired from the hall, as did the audience, and the speaking for the day, and the joint discussion for the campaign, were closed.

III AGAIN IN CONGRESS

CHANGES IN THE PERSONNEL OF THE HOUSE CONTRASTED WITH THOSE IN THE BRITISH HOUSE OF COMMONS—LEVI P. MORTON—MR. COVERT AND MR. SHELLEY —GEN. JOSEPH E. JOHNSTON—TWO NOTABLE SPEECHES BY JAMES A. McKENZIE —JOHN E. KENNA—BENJAMIN BUTTERWORTH—MR. KEIFER OF OHIO—MR. CARLISLE OF KENTUCKY—SPEAKER REED—PRESIDENT McKINLEY—THE WRITER'S SPEECH AT THE PEACE JUBILEE BANQUET, 1898.

After an absence of two years I was returned to the forty-sixth Congress. Circumstances over which I had no control had prevented my taking a seat in the intervening Congress, my successful competitor being the Hon. Thomas F. Tipton. In politics, however, as in other things, "the whirligig of time brings in his revenges," and I was in turn the successful competitor of my late opponent in his candidacy for re-election.

Meanwhile, many changes had occurred in the personnel of the House. Many familiar names had been dropped from its roll. Of these, nine had been transferred to that of the Senate, a former member was now in the Cabinet, and Mr. Wheeler of New York was Vice-President. A significant fact in this connection, and one illustrating the uncertainty of the tenure by which place is held in that body, was that more than one-third of those with whom I had so recently served were now in private life. Possibly no feature of our governmental system causes more astonishment to intelligent foreigners than the many changes biennially occurring in the membership of the House of Representatives. There is marked difference between the British House of Commons, and the popular branch of the American Congress. A seat lost in the latter—it may be by a single unfortunate utterance, or unpopular vote—is usually a seat lost forever; while in the former, membership may continue for an almost indefinite period, and until an "appeal to the country" by the Ministry upon a new and vital issue. If defeated by one constituency, the member of Parliament may soon be returned by another, the question of residence having no significance. In fact if possessing superior talents, the member is liable to be chosen by two or more constituencies at the same election, the choice then resting with himself as to which he will represent. Such has been the experience of the most eminent of British statesmen. The names of Burke, Peel, Gladstone, and Balfour, quite recently, will readily be recalled in this connection. In the little island the aspirant to legislative honors has several hundred constituencies from which to choose, or be chosen, while in the larger America his political fortunes are usually bound up in his own residence district.

Upon the roll of the House in the new Congress, called in special session in March, 1879, in addition to some heretofore mentioned, were names well known to the country. Of these none is more worthy of honorable mention than that of the Hon. Levi P. Morton of New York. In the business world his name was a synonym for integrity. The head of a great banking house, he was almost as well known in the principal cities of Europe as in the great city of his residence. At the time of his first election to Congress Mr. Morton was, by appointment of the President, an honorary commissioner to the Paris Exposition. At the close of his legislative career he held successively the honored positions of Ambassador to France, Vice-President of the United States, and Governor of New York. In Congress, Mr. Morton was the able representative of a great constituency; as chief executive of his State his name is worthy of mention with the most eminent of those who have been called to that exalted station; as ambassador to a foreign court the honor of his country was ever in safe keeping; as Vice-President, he was the model presiding officer over the greatest deliberative body known to men.

One of the brightest members of the New York delegation was the Hon. James W. Covert of Flushing. Altogether he served ten years in the House, and became in time one of its leading members. He was an excellent lawyer, a delightful associate, and an able and ready debater. That he was gifted with a touch of the humorous will appear from the following. The House was passing through the agony of an all-night session. Confusion reigned supreme. During it all, Mr. Shelley, from one of the Gulf States, stood at his desk and repeatedly made the point of order upon Covert, Springer, Kenna, McKenzie, and others, as they successively addressed the Chair, that "The gentleman is not speaking from his desk." The point of order was as repeatedly sustained by the Speaker, the rules requiring members to address the Chair only from their respective desks. The confusion at length became so great that many members, in their eagerness to be heard, pressed to the front. The voice of Mr. Shelley, however, was heard above the din still calling for the enforcement of the rule; to which the Speaker, his patience exhausted, now turned a deaf ear. Desperate beyond measure, Mr. Shelley at length left his own desk, and taking his position immediately in front of the clerk's desk fiercely demanded, "Mr. Speaker, I call for the enforcement of the rule." At which Covert immediately exclaimed, "Mr. Speaker, I call for the enforcement of the rule in Shelley's case!"

Almost directly in front of the Speaker's desk sat a gentleman, small in stature, and of quiet dignified bearing, "The silent man," "whose voice was in his sword," General Joseph E. Johnston of Virginia. Until this, his first election to Congress from the Capital District of the Old Dominion, he had known none other than military public service. He was a born soldier. No one who saw him could mistake his calling. Napoleon did not more truly look the soldier than did General Johnston. A graduate of West Point, his first service was in the Black Hawk War, and later in Mexico. For gallant conduct at the battle of Cerro Gordo, he was brevetted colonel in the regular army. His last service was when, as Lieutenant-General of the Confederate Army, he surrendered to Sherman, thus ending the great Civil War. He had already reached the allotted threescore years and ten when he entered Congress, and its ordinary details apparently interested him but little. He earnestly desired the return of the era of good feeling between the North and South, and upon his motion the House duly adjourned in honor of the day set apart for the decoration of the graves of Union soldiers.

No member of this House attracted more attention than did the Hon. James A. McKenzie of Kentucky, the representative from what in local parlance was known as "the pennyryle district." He was the youngest member of the body, tall, erect, and handsome. Mr. McKenzie rendered a valuable service to his constituents and the country during this Congress, by securing the passage of a bill placing quinine upon the free list. His district was seriously afflicted with the old-time fever and ague, and the reduction by his bill to a nominal cost of the sure and only specific placed his name high upon the list of benefactors.

Two of his kinsmen, one from Illinois, the other from Florida, occupied seats immediately in his front. Addressing them one day, he said: "It seems strange, indeed, that we three cousins—one from Illinois, one from Florida, and one from Kentucky—are all here together in Congress"; and then added, with apparent gravity, "and ours not an office-seeking family either!"

As the session drew near its close, he made repeated efforts to obtain unanimous consent for the consideration of a bill for the erection of a Government building in the principal city of his district. The interposition of the stereotyped "I object" had, however, in each instance, proved fatal. During a night session, near the close of the Congress, requests for recognition came to the Speaker from all parts of the chamber. In the midst of the tumult Mr. McKenzie arose and, addressing the Chair, stated with great solemnity of manner that he arose to a question of personal privilege. This at once arrested the attention of the Speaker, and he requested the gentleman from Kentucky to state his question of privilege. "I rise, Mr. Speaker," said McKenzie, "to a question of the highest privilege, one pertaining to the right of a member to a seat upon this floor—in the next Congress. If I don't get that post-office bill through now, my seat will be imperilled. I beg the House for unanimous consent for its immediate consideration." The House was convulsed; no objection was interposed, the bill was considered and passed, and McKenzie's seat was safe for many years to come.

Has there ever been a more feeling two-minutes' speech, than that of McKenzie in the National Convention of 1892, when he arose to second the nomination of Cleveland? After a night of intense excitement, the convention was still in session at three o'clock in the morning. A storm was raging without, while within, thousands in the great hall were impatiently and loudly demanding an immediate vote. More than one of the chief orators of the party,—men well known to the country—had in vain attempted to be heard. Chaos seemed to have come again at the crucial moment that McKenzie, standing upon his chair in the centre of the vast enclosure, began: "If I speak longer than two minutes, I hope that some honest half-drowned Democrat will suspend my carcass from one of the cross-beams of this highly artistic, but terribly leaky auditorium. Cleveland needs no nomination from this convention. He has already been nominated by the people all along the line—all the way from Hell Gate to Yuba Dam!"

The bedlam that now broke loose exceeded all that had gone before. The uproar drowned the voice of the orator within, and even, for the time, called a halt upon the raging elements without. The speech was never concluded. What might have been the closing words of McKenzie's speech, with such a beginning, can never be known. The effect of his opening, however, was instantaneous. It was the immediate prelude to the overwhelming nomination of his candidate.

The Hon. John E. Kenna, of West Virginia, was just at the beginning of a remarkably brilliant career. He was under thirty years of age when he first entered Congress. At the close of his third term in the House, he was elected to the United States Senate, and held his seat in that body by successive elections until his death at the early age of forty-four. He possessed rare gifts as a speaker, and was an active participant in many of the important debates during that eventful period. Senator Kenna was the beloved of his State, and his early death brought sorrow to many hearts.

His manners were pleasing, and he was companionable to the last degree. He often related an amusing incident that occurred in the convention that first nominated him for Congress. His name was presented by a delegate from the Crossroads in one of the mountain counties, in substantially the following speech: "Mr. President, I rise to present to this convention, as a candidate for Congress, the name of John E. Kenna—the peer, sir, of no man in the State of West Virginia."

Among the new members elected to this Congress was the Hon. Benjamin Butterworth of Ohio. His ability as a lawyer and his readiness in debate soon gave him prominence, while his abundant good-nature and inexhaustible fund of anecdotes made him a general favorite in the House. One of his stories was of a Western member whose daily walk and conversation at the national Capital was by no means up to the orthodox home standard. The better element of his constituents at length became disgusted, as reports derogatory to their member from time to time reached them. A bolt in the approaching Congressional convention was even threatened, and altogether serious trouble was brewing. The demand was imperative upon the part of his closest friends that he at once come home and face his accusers. Homeward he at length turned his footsteps, and was met at the depot by a large concourse of his friends and constituents. Hurriedly alighting from the train and stepping upon the platform, with beaming countenance and heart made glad by such an enthusiastic reception, he thus began:

"Fellow-citizens, my heart is deeply touched as my eyes behold this splendid assemblage of my constituents and friends gathered here before and around me. During my absence in Congress my friends have spoken in my vindication. I am here now to speak for myself. Vile slanders have been put in circulation against me. I have been accused of being a defaulter; I have been accused of being a drunkard; I have been accused of being a gambler; but, thank God, fellow-citizens, no man has ever dared to assail my good moral character!"

One incident is related by Butterworth of a judge in his State who, becoming thoroughly disgusted with the ease with which naturalization papers were obtained, determined upon a radical reform. That the pathway of the reformer—along this as other lines—was by no means one of flowers will appear from the sequel. Immediately upon taking his seat, the judge, with great earnestness of manner, announced from the bench that thereafter no applicant could receive from that court his final papers, entitling him to the exercise of the high privilege of citizenship, unless he was able to read the Constitution of the United States. A few mornings later, Michael O'Connor, a well-known partisan of the Seventh Ward, appeared in court accompanied by a diminutive-looking countryman, Dennis Flynn by name. Mr. O'Connor stated to the judge that his friend Dennis Flynn had already taken out his first papers, and the legal time had passed, and he now wanted His Honor to grant him his final papers. With much solemnity of manner the judge inquired whether Mr. Flynn had ever read the Constitution of the United States. Somewhat abashed by the unusual interrogatory, Mr. O'Connor looked inquiringly at Mr. Flynn, at which the latter, wholly unconscious of the purport of the inquiry, looked appealingly to Mr. O'Connor. The latter then replied that he presumed he had not, at which the judge, handing the applicant a copy of the revised statutes containing the Constitution, admonished him to read it carefully. Mr. Flynn, carrying the volume in his arms, and followed by his patron, sadly left the court-room. Just eight minutes elapsed, the door suddenly opened and both reappeared, Mr. O'Connor in front, bearing the book aloft, and exclaiming, "Dinnie couldn't rade it, Your Honor, but I rid it over to him, and he is parefictly deloighted wid it!"

Three gentlemen, each of whom at a later day reached the Speakership, had served but a single term in the House at the opening of the forty-sixth Congress: Mr. Keifer of Ohio, Mr. Carlisle of Kentucky, and Mr. Reed of Maine. Mr. Keifer was a gentleman of ability and of exceedingly courteous manners. He took a prominent part in debate, and was the immediate successor of Mr. Randall in the chair. After an absence of twenty years he has again been returned to his seat in the House.

Few abler men than Mr. Carlisle have been in the public service. He was a recognized leader of his party from his first appearance in the House, and an authority upon all questions pertaining to tariff or finance. During his long service as Speaker he established an enduring reputation as an able presiding officer; as possessing in the highest degree "the cold neutrality of the impartial Judge." While a Senator, he was appointed by President Cleveland to the important position of Secretary of the Treasury. The duties of that great office have never been discharged with more signal ability.

Mr. Reed stood alone. He was unlike other men, a fact which probably caused him little regret. Self-reliant, aggressive, of will indomitable, he was a political storm centre during his entire public career. His friends were devoted to him, and he was never forgotten by his enemies. Whoever was brought into close contact with him, usually carried away an impression by which to remember him. Upon one occasion, in the House, when in sharp debate with Mr. Springer, the latter quoted the familiar saying of Henry Clay, "Sir, I would rather be right than be President." Mr. Reed, in a tone far from reassuring, retorted, "The gentleman from Illinois will never be either!"

The retort courteous, however, was not always from the lips of the Speaker. Mr. Springer, having at one time repeatedly attempted, but in vain, to secure the floor, at length demanded by what right he was denied recognition. The Speaker intimated that such ruling was in accord with the high prerogative of the Chair. To which Springer replied:

"Oh, it is excellent To have a giant strength; but 't is tyrannous To use it like a giant."

Of immense physical proportions, towering above his fellows, with voice by no means melodious, a manner far from conciliatory, a capacity for sarcastic utterance that vividly recalled the days of John Randolph and Tristram Burgess, and, withal, one of the ablest men of his generation, Mr. Reed was in very truth a picturesque figure in the House of Representatives. He apparently acted upon the supposition of the philosopher Hobbes that war is the natural state of man. The kindly admonition,

"Mend your ways a little Lest they may mar your fortunes,"

if ever given him, was unheeded. In very truth,

"He stood, As if a man were author of himself, And knew no other kin."

No man in his day was more talked of or written about. At one time his star was in the ascendent, and he seemed to be on the highroad to the Presidency. His great ambition, however, was thwarted by those of his own political household. At the close of a turbulent session, while he was in the Chair, the usual resolution of thanks to the Speaker "for the able, fair, and courteous manner in which he had presided" was bitterly antagonized, and finally adopted only by a strictly party vote. It was an event with a single antecedent in our history, that of seventy-odd years ago, when the Whig minority in the House opposed the usual vote of thanks to Speaker Polk upon his retirement from the Chair. In the latter case, the cry of persecution that was instantly raised had much to do with Mr. Polk's almost immediate election to the Governorship of his State, and his subsequent elevation to the Presidency. The parallel incident in Mr. Reed's career, however, failed to prove "the prologue to the swelling act."

The Hon. William McKinley, of Ohio, was a member of this Congress. He was one of the most pleasing and delightful of associates, and my acquaintance with him was of the most agreeable character. One of his earliest official acts as President was my appointment as a member of the Bimetallic Commission to Europe.

Mr. McKinley was in very truth one of Fortune's favorites: five times elected a member of the House of Representatives, three times Governor of his State, and twice elevated to the Presidency. He was the third of our Presidents to fall by the hand of an assassin. His tragic death is yet fresh in our memories.

The last time I met President McKinley was at the Peace Jubilee Banquet at the Auditorium in Chicago, on the evening of October 19, 1898. On this occasion, following the toast to the President of the United States, I spoke as follows:

"The incumbent of this great office holds with unchallenged title the most exalted station known to men. Monarchs rule by hereditary right, or hold high place only by force of arms. The elevation of a citizen to the Presidency of the United States is the deliberate act, under the forms of law, of a sovereign people. As an aspirant, he may have been the choice only of a political party; as the incumbent of the great office, he is the representative of all the people—the President of all the people. It augurs well for the future of the Republic when the American people magnify this office; when the honor, as now, the President who has so ably upheld its dignity, so worthily met its solemn responsibilities, so patriotically discharged its exacting and imperative duties.

"The office of President of a self-governing people is unique. It had no place in ancient or mediaeval schemes of government, whether despotic, federative, or in name republican. It has in reality none amongst the nations of modern Europe. The Presidency of the United States, in the highest degree, represents the majesty of the law. It stands for the unified authority and power of seventy-five millions of free men. It typifies what is most sacred to our race: stability in government and protection to liberty and life. The President is the great officer to whom the founders of the government entrusted the delicate and responsible function of treating with foreign States; in whom was vested in time of peace and of war, chief command of the army and of the navy.

"An eminent writer has well said: 'The ancient monarchs of France reigned and governed; the Queen of England reigns but does not govern; the President of France neither reigns nor governs; the President of the United States does not reign, but governs!'

"Experience has demonstrated the more than human wisdom of the framers of the great federal compact which for more than a century, in peace and amid the stress of war, has held States and people in indissoluble bond of union. In no part of their matchless handiwork has it been more clearly manifested than in the creation of a responsible executive. To secure in the largest measure the great ends of government, responsibility must attach to the executive office; and of necessity, with responsibility, power. The sooner France learns from the American Republic this important lesson, the sooner will government attain with her the stability to which it is now a stranger. Her statesmen might well recall the words of Lord Bacon: 'What men will not alter for the better, Time, the great innovator, will alter for the worse.'

"The splendid commonwealth in which we are assembled contains a population a million greater than did the entire country at the first inauguration of President Washington. The one hundred and nine years which have passed since that masterful hour in history have witnessed the addition of thirty-two States to our federal Union, and of seventy millions to our population. And yet, with but few amendments, our great organic law as fully meets the requirements of a self-governing people to-day as when it came from the hands of its framers. The builders of the Constitution wisely ordained the Presidential office a co-ordinate department of the Government. Moving in its own clearly defined orbit, without usurpation or lessening of prerogative, the great executive office, at the close as at the beginning of the century, is the recognized constitutional symbol of authority and of power. The delegated functions and prerogatives that pertained in our infancy and weakness have proved ample in the days of our strength and greatness as a nation.

"It is well that to the people was entrusted the sovereign power of choosing their chief magistrate. It is our glory, in the retrospect of more than a century, that none other than patriots —statesmen well equipped for the discharge of its timeless duties —have ever been chosen to the Presidency. May we not believe that the past is the earnest of the future, and that during the rolling years and centuries the incumbents of the great office—the chosen successors of Washington and of Lincoln—in the near and in the remote future, will prove the guardians and defenders of the Constitution, the guardians and defenders of the rights of all the people?

"Luminous will be the pages of history that tell to the ages the story of our recent conflict, of its causes and of its results. In brilliancy of achievement, the one hundred days war with Spain is the marvel of the closing century. It was not a war of our seeking. It was the earnest prayer of all, from the President to the humblest in private life, that the horrors of war might be averted. Had our ears remained deaf to the cry of the stricken and starving at our doors, we would not have been guiltless in the high court of conscience, and before the dread judgment seat of history. The plea 'Am I my brother's keeper?'—whether interposed by individual or by nation—cannot be heard before the august tribunal of the Almighty.

"Justified then, as we solemnly believe, in the sight of God for our interposition, we rejoice over the termination of a struggle in which our arms knew no defeat. The dead hand of Spain has been removed forever from the throats of her helpless victims. Emphasizing our solemn declaration as a nation, that this was a war for humanity, not for self-aggrandizement, we demand no money indemnity from the defeated and impoverished foe.

"The sacrifice of treasure and of blood has not been in vain. However it may have been in the past, the United States emerges from the conflict with Spain a united people. Sectional lines are forever obliterated. Henceforth, for all time, we present to foreign foe and unbroken front. In the words of Webster: 'Our politics go no farther than the water's edge.'

"No less important is the fact, that the United States of America to-day, as never before, commands the respect and admiration of the world. No foreign coalition, however formidable, can excite our serious apprehension or alarm. For all this, all honor to our brave soldiers and sailors; all honor to the helpful hands and sympathetic hearts of America's patriotic women.

"As in the early morning and in the noon of the nineteenth century, America gave to the world its best lessons in liberty and in law, so in its closing hours, it has given to all the nations a never-to-be-forgotten lesson in the dread art of war. In quick response to the splendid achievements of American valor comes from across the sea the startling proposal of despotic Russia for the disarmament of continental Europe—and in the end universal peace.

"Thankful to God for all he has vouchsafed to us in the past, and with the prayer that henceforth peace may be the priceless boon of all nations, we await the dawn of the new century, and turn our faces hopefully to the future."

IV THE VICE-PRESIDENCY

ELECTION, POWERS, AND DUTIES OF THE VICE-PRESIDENT—NAMES AND DATES OF ALL THE VICE-PRESIDENTS—FOUR WHO BECAME PRESIDENTS BY ELECTION —FIVE WHO SUCCEEDED UPON THE DEATH OF THE PRESIDENT—ATTEMPTS TO SECURE THE IMPEACHMENTS OF PRESIDENTS—THE TWELFTH AMENDMENT TO THE CONSTITUTION—REMARKS ON SOME OF THE VICE-PRESIDENTS—THE WRITER'S FAREWELL ADDRESS TO THE SENATE.

By the provisions of the Federal Constitution, a Vice-President of the United States is elected at the same time, for the same term, and in like manner as the President—by electors chosen in each of the States. A majority of the votes cast in the several electoral colleges is necessary to an election. The Vice-President is the President of the Senate, and in the event of an equal division in that body, he gives the deciding vote. Under no other contingency has he a vote. The powers and duties of the office of President devolve upon the Vice-President in case of the death, resignation, or removal from office of the President. The Vice-President is included in the list of public officers liable to removal from office on impeachment, on conviction for treason, bribery, or other high crimes and misdemeanors. By the twelfth amendment to the Constitution no person constitutionally ineligible to the office of President can be elected to that of Vice-President. In the event of a vacancy occurring in the office of Vice-President, the Senate is presided over by a member of that body. In such contingency the death of the President would, under existing law, devolve the office of President upon the Secretary of State.

Twenty-seven persons have held the office of Vice-President; the dates of their respective elections are as follows: John Adams of Massachusetts, in 1788, re-elected in 1792; Thomas Jefferson of Virginia, in 1796; Aaron Burr of New York, in 1800; George Clinton of New York, in 1804, re-elected in 1808; Elbridge Gerry of Massachusetts, in 1812; Daniel D. Tompkins of New York, in 1816, re-elected in 1820; John C. Calhoun of South Carolina, in 1824, re-elected in 1828; Martin Van Buren of New York, in 1832; Richard M. Johnson of Kentucky, in 1836; John Tyler of Virginia, in 1840; George M. Dallas of Pennsylvania, in 1844; Millard Fillmore of New York, in 1848; William R. King of Alabama, in 1852; John C. Breckenridge of Kentucky, in 1856; Hannibal Hamlin of Maine, in 1860; Andrew Johnson of Tennessee, in 1864; Schuyler Colfax of Indiana, in 1868; Henry Wilson of Massachusetts, in 1872; William A. Wheeler of New York, in 1876; Chester A. Arthur of New York, in 1880; Thomas A. Hendricks of Indiana, in 1884; Levi P. Morton of New York, in 1888; Adlai E. Stevenson of Illinois, in 1892; Garrett A. Hobart of New Jersey, in 1896; Theodore Roosevelt of New York, in 1900; Charles W. Fairbanks of Indiana, in 1904; James S. Sherman of New York, in 1908.

Four Vice-Presidents were subsequently elected Presidents, namely: John Adams in 1796; Thomas Jefferson in 1800 and 1804; Martin Van Buren in 1836; and Theodore Roosevelt in 1904. The dates given have reference to the election by vote of the electors in the several States by whom the President and Vice-President were subsequently chosen. Six Vice-Presidents died in office: namely, Clinton, Gerry, King, Wilson, Hendricks, and Hobart. In the Presidential contest of 1836, Martin Van Buren received a majority of the electoral votes for President, but no candidate received a majority for Vice-President. By Constitutional requirement the duty of electing a Vice-President then devolved upon the Senate, the candidates from whom such choice was to be made being restricted to the two who had received the highest number of electoral votes. One of these, Richard W. Johnson of Kentucky, was duly elected by the Senate. The only Vice-President who resigned the office was John C. Calhoun. This occurred in 1832, and Mr. Calhoun soon thereafter took his seat in the Senate, to which body he had been elected by the Legislature of South Carolina.

Five Vice-Presidents have, upon the death of the President, succeeded to the Presidency. The first President to die during his incumbency of the great office, was William Henry Harrison. His death occurred April 4, 1841, just one month after his inauguration. The Vice-President John Tyler, then at his country home in Virginia, was officially notified of the event, and upon reaching the seat of Government at once took the oath of office as President. There was much discussion for a time in and out of Congress as to his proper title, whether "Vice-President of the United States acting as President," or "President." The language of the Constitution however, is clear, and it is no longer controverted that upon the death of the President the Vice-President becomes, in name as in fact, President. Upon the death of President Zachary Taylor, July 9, 1850, Vice-President Millard Fillmore succeeded to the Presidency, and was at a later date an unsuccessful candidate for election to that office. The third Vice-President who reached the Presidency by succession was Andrew Johnson; this occurred April 15, 1865, the day following the assassination of President Lincoln. President Garfield was shot July 2, 1881, and died in September of that year, when he was succeeded by Vice-President Chester A. Arthur. Vice-President Roosevelt was the successor of President McKinley, who died by the hand of an assassin in September, 1901.

Two attempts have been made to secure the impeachment of Presidents, the incumbent in each instance having been elected Vice-President and succeeded to the higher office upon the death of the President. A resolution looking to the impeachment of President Tyler was introduced into the House of Representatives in January, 1843, but was defeated, and no further steps were taken. Articles of impeachment, for "high crimes and misdemeanors," were presented by the House of Representatives against President Johnson in 1868. By constitutional provision the trial was by the Senate, the Chief Justice of the United States presiding. Less than two-thirds of the Senators voting for conviction, he was acquitted.

Until the adoption of the twelfth amendment, no Constitutional provision existed for separate votes in the electoral colleges for President and Vice-President; the candidate receiving the highest number of votes (if a majority of all) became President, and the one receiving the second highest, Vice-President. In 1801, Jefferson and Burr each received seventy-three electoral votes, and by constitutional requirement the election at once devolved upon the House of Representatives, voting by States. On the thirty-sixth ballot a majority of the States voting for Jefferson, he became President, and Burr, Vice-President. The Constitutional amendment above indicated, by which separate ballots were required in the electoral colleges for each office, was the result of the intense excitement throughout the country engendered by this contest. The earnest opposition of Alexander Hamilton to Aaron Burr in the above-mentioned contest, was the prime cause of the duel by which Hamilton lost his life at the hands of Burr in 1804.

George Clinton, the fourth Vice-President, had as a member of the Continental Congress voted for the Declaration of Independence, and held the rank of Brigadier-General during the War of the Revolution. The fifth Vice-President, Elbridge Gerry, had been a prominent member of the Constitutional Convention of 1787. William R. King, elected in 1852, by reason of ill health never entered upon the discharge of the duties of his office. By special act of Congress, the oath of office was administered to him in Cuba and his death occurred soon thereafter. Of the twenty-seven Vice-Presidents thus far elected, ten have been from the State of New York. Adams and Jefferson, the first and second Vice-Presidents, rendered valuable service to the young Republic at foreign courts; each by election was elevated to the Presidency; and their deaths occurred upon the same historic Fourth of July, just fifty years from the day they had signed the Declaration of Independence.

A marble bust of each of the Vice-Presidents has been placed in the gallery of the Senate Chamber. The office of Vice-President is one of great dignity. He is the presiding officer of the most august legislative assembly known to men. In the event of an equal division in the Senate, he gives the deciding vote. This vote, many times in our history, has been one of deep significance. It will readily be seen that the contingency may often occur when the Vice-President becomes an important factor in matters of legislation.

On the occasion of the writer's retirement from office, March 4, 1897, he delivered the following farewell address before the Senate:

"Senators: The hour has arrived which marks the close of the fifty-fourth Congress, and terminates my official relation to this body.

"Before laying down the gavel for the last time, I may be pardoned for detaining you for a moment, in the attempt to give expression to my gratitude for the uniform courtesy extended me, for the many kindnesses shown me, during the time it has been my good fortune to preside over your deliberations. My appreciation of the Resolution of the Senate personal to myself, can find no adequate expression in words. Intentionally, I have at no time given offence; and I carry from this presence no shadow of feeling of unkindness toward any Senator, no memory of any grievance.

"Chief among the favors political fortune has bestowed upon me, I count that of having been the associate—and known something of the friendship—of the men with whom I have so long held official relation in this chamber. To have been the presiding officer of this august body is an honor of which even the most illustrious citizen might be proud. I am persuaded that no occupant of this Chair, during the one hundred and eight years of our Constitutional history, ever entered upon the discharge of the duties pertaining to this office more deeply impressed with a sense of the responsibilities imposed, or with a higher appreciation of the character and dignity of the great Legislative Assembly.

"During the term just closing, questions of deep import to political parties and to the country have here found earnest and at times passionate discussion. This Chamber has indeed been the arena of great debate. The record of four years of parliamentary struggles, of masterful debates, of important legislation, is closed, and passes now to the domain of history.

"I think I can truly say, in the words of a distinguished predecessor, 'In the discharge of my official duties, I have known no cause, no party, no friend.' It has been my earnest endeavor justly to interpret, and faithfully to execute, the rules of the Senate. At times the temptation may be strong to compass partisan ends by a disregard or a perversion of the rules. Yet, I think it safe to say, the result, however salutary, will be dearly purchased by a departure from the method prescribed by the Senate for its own guidance. A single instance, as indicated, might prove the forerunner of untold evils.

''T will be recorded for a precedent, And many an error by the same example Will rush into the State.'

"It must not be forgotten that the rules governing this body are founded deep in human experience; that they are the result of centuries of tireless effort in legislative hall, to conserve, to render stable and secure, the rights and liberties which have been achieved by conflict. By its rules, the Senate wisely fixes the limits to its own power. Of those who clamor against the Senate and its mode of procedure it may be truly said, 'They know not what they do.' In this Chamber alone are preserved, without restraint, two essentials of wise legislation and of good government—the right of amendment and of debate. Great evils often result from hasty legislation, rarely from the delay which follows full discussion and deliberation. In my humble judgment, the historic Senate, preserving the unrestricted right of amendment and of debate, maintaining intact the time-honored parliamentary methods and amenities which unfailingly secure action after deliberation, possesses in our scheme of government a value which can not be measured by words. The Senate is a perpetual body. In the terse words of an eminent Senator now present: 'The men who framed the Constitution had studied thoroughly all former attempts at Republican government. History was strewn with the wrecks of unsuccessful democracies. Sometimes the usurpation of the executive power, sometimes the fickleness and unbridled license of the people, had brought popular governments to destruction. To guard against these dangers, they placed their chief hope in the Senate. The Senate which was organized in 1789, at the inauguration of the Government, abides and will continue to abide, one and the same body, until the Republic itself shall be overthrown, or time shall be no more.'

"Twenty-four Senators who have occupied seats in this Chamber during my term of office are no longer members of this body. Five of that number—Stanford, Colquitt, Vance, Stockbridge, and Wilson— 'shattered with the contentions of the Great Hall,' full of years and of honors have passed from earthly scenes. The fall of the gavel will conclude the long and honorable terms of service of other Senators, who will be borne in kind remembrance by their associates who remain.

"I would do violence to my feelings if I failed to express my thanks to the officers of this body for the fidelity with which they have discharged their important duties, and for the kindly assistance and unfailing courtesy of which I have been the recipient.

"For the able and distinguished gentleman who succeeds me as your presiding officer, I earnestly invoke the same co-operation and courtesy which you have so generously accorded me.

"Senators, my parting words have been spoken, and I now discharge my last official duty, that of declaring the Senate adjourned without day."

V THE SENATE OF THE UNITED STATES

DIFFICULTY OF FORMULATING A FEDERAL CONSTITUTION—THE CONVENTION OF 1787 SEES THE NECESSITY FOR A GENERAL GOVERNMENT WITH PLENARY POWERS—JEALOUSY OF THE SMALLER TOWARD THE LARGER STATES— BRITISH PARLIAMENT TAKEN, WITH QUALIFICATIONS, AS THE MODEL FOR THE HOUSES OF CONGRESS—EQUAL STATE REPRESENTATION IN THE SENATE— NON-EXISTENCE OF ANY METHOD FOR TERMINATING DEBATES IN THE SENATE— POTENCY OF THE PRESIDENT'S VETO—ABUSE OF THE CLOTURE IN THE HOUSE—PROCEDURE IN THE EVENT OF THE FAILURE OF THE PEOPLE TO ELECT A PRESIDENT OR A VICE-PRESIDENT—THE HAYES-TILDEN CONTEST—DANGER OF USURPATION OF POWER BY THE EXECUTIVE—THE SENATE AS A HIGH COURT OF IMPEACHMENT—TRIAL OF CHASE OF MARYLAND—TRIAL OF BELKNAP, SECRETARY OF WAR—TRIAL OF PRESIDENT JOHNSON.

It is a well-known fact in our political history that the convention which formulated our Federal Constitution greatly exceeded the powers delegated to its members by their respective States. It was the supreme moment, and upon the action of the historic assemblage depended events of far-reaching consequence. The Constitution of the United States is the enduring monument to the courage, the forecast, the wisdom of the members of the Convention of 1787. It was theirs to cut the Gordian knot, to break with the past, and, regardless of the jealousies and antagonisms of individual States, to establish the more perfect union, which has been declared by an eminent British statesman "the greatest work ever struck off at a given time from the brain and purpose of man."

The oft-quoted expression of Gladstone is, however, more rhetorical than accurate. The Constitution of the United States was not "struck off at a given time," but as declared by Bancroft, "the materials for its building were the gifts of the ages." In the words of Lieber, "What the ancients said of the avenging gods, that they were shod with wool, is true of great ideas in government. They approach slowly. Great truths dwell a long time with small minorities."

The period following the treaty of peace with Great Britain in 1783, which terminated the War of the Revolution, has been not inaptly designated "the critical period of American history." The Revolutionary Government, under which Washington had been chosen to the chief command of the colonial forces, the early battles fought, and the Declaration of Independence promulgated, had been superseded in 1781 by a Government created under the Articles of Confederation. The latter Government, while in a vital sense a mere rope of sand, was a long step in the right direction; the earnest of the more perfect union yet to follow.

Under the Government, more shadowy than real, thus created, the closing battles of the Revolution were fought, independence achieved, a treaty of peace concluded, and our recognition as a sovereign Republic obtained from our late antagonist and other European nations.

The Articles of Confederation, submitted for ratification by the Colonial Congress to the individual States while the country was yet in the throes of a doubtful struggle, fell far short of establishing what in even crude form could properly be designated a Government. The Confederation was wholly lacking in one essential of all Governments: the power to execute its own decrees. Its avowed purpose was to establish "a firm league of friendship," or, as the name indicates, a mere confederation of the colonies. The parties to this league were independent political communities, and by express terms, each State was to retain all rights, sovereignty, and jurisdiction not expressly delegated to the Confederation. In a Congress consisting of a single House were vested the powers thus grudgingly conferred. Its members were to be chosen by the States as such; upon every question the vote was given by States, each, regardless of population, having but a single vote. The revenues and the regulation of foreign commerce were to remain under the control of the respective States, and no provision was made for borrowing money for the necessary maintenance of the general Government. In a word, in so far as a Government at all, it was in the main one of independent States, and in no sense that with which we are familiar, a Government of the entire people. Whatever existed of executive power was in a committee of the Congress; the only provision for meeting the expenses of the late war and the interest upon the public debt was by requisition upon the States, with no shadow of power for its enforcement.

Under the conditions briefly mentioned, with the United States of America a byword among the nations, the now historic Convention of 1787 assembled in Philadelphia, in the room where eleven years earlier had been promulgated the Declaration of Independence. It consisted of fifty-five members; and without a dissenting voice, Washington, a delegate from Virginia, was elected its President. Not the least of his public services was now to be rendered in the work of safeguarding the fruits of successful revolution by a stable Government. Chief among the associates with whom he was daily in earnest, anxious counsel in the great assemblage, were men whose names live with his in history. If Franklin, Wilson, Sherman, King, Randolph, Rutledge, Mason, Pinckney, Hamilton, Madison, and their associates had rendered no public service other than as builders of the Constitution, that alone would entitle them to the measureless gratitude of all future generations of their countrymen.

When they were assembled, the startling fact was at once apparent that, under the Confederation, with its constituent States at times in almost open hostility to one another, the country was gradually drifting into a condition of anarchy.

It is our glory to-day, and will be that of countless on-coming generations, that the men of '87 were equal to the stupendous emergency. Regardless of instructions, expressed or implied, the master spirits of the Convention, looking beyond local prejudices and State environment, and appealing to time for vindication, with a ken that now seems more than human, discerned the safety, the well-being, the glory of their countrymen, bound up in a general Government of plenary powers, a Government "without a seam in its garment, to foreign nations."

To this end the proposition submitted by Paterson of New Jersey, in the early sittings of the Convention, for a mere enlargement of the powers of the Confederation, was decisively rejected. With the light that could be gleaned from the pages of Montesquieu, the suggestive lessons to be drawn from the fate of the short-lived republics whose wrecks lay along the pathway of history, and from the unwritten Constitution of the mother country, as their only guides, the leaders of the Convention were at once in the difficult role of constructive statesmen. The Herculean task to which with unwearied effort they now addressed themselves was that of "builders" of the Constitution; the establishers, for the ages, of the fundamental law for a free people.

One of the perils which early beset the Convention, and whose spectre haunted its deliberations till the close, was the hostility engendered by the dread and jealousy of the smaller toward the larger States. This fact will in some measure explain what in later years have been denominated the anomalies of the Constitution. To a correct understanding of the motives of the builders, and an appreciation of their marvellous accomplishment, it must not be forgotten that "The foundations of the Constitution were laid in compromise." The men of '87 had but recently emerged from the bloody conflict through which they had escaped the domination of kingly power. With the tyranny of George the Third yet burning in their memories, it is not to be wondered that the Revolutionary patriots of the less populous States were loath to surrender rights, deemed, by them, secure under their local governments; that they dreaded the establishment of what they apprehended might prove an overshadowing—possibly unlimited—central authority.

The creation of a general Government, with its three separate and measurably independent departments, happily concluded, with the delegated powers of each distinctly enumerated, the salient question as to the basis of representation in the Congress at once pressed for determination. Upon the question of provision for a chief executive, and his investment with the powers necessarily incident to the great office, there was after much debate a practical consensus of opinion. And practical unanimity in the end prevailed regarding the judicial department, with its great court without a prototype at its creation, and even yet without a counterpart in foreign Governments.

The rock upon which the Convention barely escaped early dissolution, was the basis of representation in the Congress created under the great co-ordinate legislative department. The model for our Senate and House of Representatives was unquestionably the British Parliament. This statement is to be taken with weighty qualifications; for hereditary or ecclesiastical representation, as in the House of Lords, is wholly unknown in our system of government. The significant resemblance is that of our Lower House to the British Commons. In these respective chambers, the people, as such, have representation.

The earnest, at times violent, contention of the smaller States, in our historic Convention, was for equal representation in both branches of the proposed national legislature. This was strenuously resisted by the larger States under the powerful leadership of Madison of Virginia, and Wilson of Pennsylvania. Their equally earnest, and by no means illogical contention was for popular representation in each House, as outlined in the Virginia plan which had been taken as the framework of the proposed Constitution. The opposing views appeared wholly irreconcilable, and for a time the parting of the ways seemed to have been reached. Threats of dissolution were not uncommon in the Chamber, and for many days the spirit of despair brooded over the Convention. A delegate from Maryland vehemently declared: "The Convention is on the verge of dissolution, scarcely held together by the strength of a hair." Well has it been said: "In even the contemplation of the fearful consequence of such a calamity, the imagination stands aghast."

At the crucial moment mentioned, Sherman and Ellsworth presented upon behalf of Connecticut the first and most far-reaching of the great compromises of the Constitution. The Connecticut plan was in brief to the effect that in fixing the ratio of representation there should be recognition alike of the federal and of the national feature in government, in a word, that in the Lower House the national, and in the upper the federal principle should have full recognition. This was a departure from the Virginia plan to the extent that it in effect proposed the establishment of a federal republic,—in the concrete, that the House should be composed of representatives chosen directly by the people from districts of equal population; while representation in the Senate should be that of the States, each, regardless of population, to have two members, to be chosen at stated periods by their respective legislatures.

After heated debate, this compromise was carried by a bare majority, and the provision for popular representation in the House, and equal State representation in the Senate, became engrafted upon our Federal Constitution. This feature, an eminent foreign writer has declared, "is the chief American contribution to the common treasures of political civilization." The eminent writer, De Tocqueville, has well said: "The principle of the independence of the States triumphed in the formation of the Senate, and that of the sovereignty of the nation in the composition of the House of Representatives."

The success of the Connecticut plan made possible that of other essential compromises which followed; and the result was, as the sublime consummation of wise deliberation and patriotic concession, the establishment of the Government of the United States.

It is the proud boast of the Briton, that "the British Constitution has no single date from which its duration is to be reckoned, and that the origin of English law is as undiscoverable as that of the Nile." Our Government, buttressed upon a written Constitution of enumerated and logically implied powers, had its historic beginning upon that masterful day, April 30, 1789, when Washington took solemn oath of office as our first President.

The Senate of the United States has been truly declared "the greatest deliberative body known to men." By Constitutional provision it consists of two members from each State, chosen by the Legislature thereof, for the term of six years. No person has the legal qualification for Senator "unless he shall have attained the age of thirty years, be an inhabitant of the State for which he is chosen, and have been nine years a citizen of the United States." No State, without its consent, can ever be deprived, even by Constitutional amendment, of its equal representation in the Senate. Nevada with a population of less than forty thousand has her equal voice with New York with a population exceeding seven million. This anomaly was occasioned by concession by the larger to the smaller States in the Convention of 1787, a concession which made possible the establishment of the federal Union.

One essential difference between the House of Representatives and the Senate is that to the latter "the previous question" is unknown; no method existing for terminating debate, other than by unanimous consent. Here, unlimited discussion and amendment can have their perfect work. Within the last three or four decades many fruitless attempts have been made to introduce a modified "previous question" or cloture, by which the Senate could be brought to an immediate vote. At first blush such change might seem desirable, but experience has demonstrated the wisdom of the method to which there has been such steady adherence. It secures time for consideration and full discussion upon every question. In the end the vote will be taken. Debate is rarely prolonged beyond reasonable limit. Not infrequently the public welfare is imperilled by too much, rather than too little, legislation. It was the belief of Jefferson that government should touch the citizen at the fewest possible points. The quaint lines of the old English poet have lost nothing of their significance:

"How small, of all that human hearts endure, That part which laws or kings can cause or cure!"

The House of Representatives has in large degree ceased to be a deliberative body. Under the iron rule of the "previous question" measures of importance are hurriedly passed without the possibility of discussion or amendment. The rights of the minority are at times but as the dust in the balance.

Unlike the House of Lords, the Senate is in reality an important factor in legislation. As is well known in recent years, government in Great Britain is virtually that of the House of Commons, in large measure through a cabinet practically of its own appointment. The King is little more than a ceremonial figure-head, and the House of Lords is almost in a death struggle for existence. The end would probably come by serious attempt upon its part to thwart the popular will as expressed through the House of Commons. The power of Edward the Seventh is but a shadow of that exercised almost without let or hindrance by the predecessors of Queen Victoria. The veto power, so potent an instrumentality in the hands of the American President, is to all intents a dead letter in the mythical British Constitution. For a century and a half it has remained in practical abeyance. It is believed that its attempted exercise at this day would produce revolution; possibly endanger the existence of the throne.

By means of what is known as a suspension of the rules, under the operation of the "previous question," much important legislation is enacted in our House of Representatives, without the minority having the privilege of debate, or amendment, or even the necessary time to a full understanding of the pending measure. The constantly recurring "River and Harbor Bill," with its enormous sum total of appropriations, is a striking object lesson of the vicious character of such methods.

In the light of what has been suggested, the wisdom displayed in the establishment of the bicameral, or two-chamber system, in our legislative scheme, is strikingly apparent. At the time of its creation, it had no counterpart in any of the Governments of continental Europe. Its only prototype, in so far as it was such, was the British House of Lords as already indicated.

Save only in the right to originate revenue bills, the power of the Senate is concurrent with that of the House in all matters of legislation; and these are wisely subject to amendment by the Senate. The presiding officer of the Senate is the Vice-President of the United States, and in his absence a Senator chosen as President pro tempore.

In the event of a failure on the part of the people to elect a President or a Vice-President of the United States, through electors duly appointed at the stated time, the duty of such election devolves upon the House and the Senate acting independently of each other. The choice of President is limited to the three candidates who have received the highest number of votes in the several electoral colleges. The determination is by the House of Representatives, the vote being by States. In such event the vote of Nevada would again count equally with that of New York. In the contingency mentioned, of a failure to elect a Vice-President, the election devolves upon the Senate, each Senator having a personal vote; and the person chosen must by Constitutional requirement be one of the two receiving the highest number of electoral votes. In 1836, Mr. Van Buren of New York received a majority of the electoral votes for President; but no person receiving a majority for the second office, Colonel Richard M. Johnson, of Kentucky, one of the two persons eligible, was chosen by the Senate. No similar instance has occurred in our history.

In the Presidential election of 1800, and in that of 1824, the ultimate determination was by the House of Representatives. In the former, Jefferson and Burr each received seventy-three electoral votes, without specification as to whether intended for the first or second office. The protracted struggle which followed resulted in the choice of Jefferson for the higher office. This fortunate termination was in large measure through the influence of Alexander Hamilton, and was the initial step in the bitter personal strife which eventuated in his early death at the hands of Burr. In the light of events, we may well believe that not the least of the public services of Hamilton was his unselfish interposition at the critical moment mentioned. The possibility of similar complication again arising in the election of the President was soon thereafter obviated by the Twelfth Amendment to the Constitution.

Seldom in Presidential contests has there been such an array of great names presented as in that of 1824. The era of good feeling which characterized the administration of Monroe found sudden termination in the rival candidacy of two members of his cabinet, for the succession—Mr. Adams, Secretary of State, and Mr. Crawford, of the Treasury. The other aspirants were Clay, the brilliant Speaker of the House of Representatives, and Jackson, with laurels yet fresh from the battlefield of New Orleans. Mr. Clay receiving the smallest number of electoral votes, and no candidate the majority thereof, the selection again devolved upon the House, resulting eventually in the choice of John Quincy Adams.

In the two Presidential contests last mentioned, the Senate had no part in the final adjustment. An occasion, however, arose nearly a half-century later, involving the succession to the Presidency, in which the Senate, equally with the House, was an important factor in the final determination. The country has known few periods of profounder anxiety to thoughtful men, or of greater peril to stable government, than the feverish hours immediately succeeding the Presidential contest of 1876. The shadow cast by the Hayes-Tilden contest even yet, in a measure, lingers. As a Representative in Congress at the time, I was deeply impressed with the gravity of the situation. In the instances first mentioned it was the mere question of the failure of any candidate to receive a majority of the electoral votes. The framers of the Constitution had wisely provided for such contingency by action of the House in manner indicated. The far more serious question now confronting was, For whom had the disputed States of Florida and Louisiana cast their votes? The settlement of this question virtually determined which candidate should be inaugurated President. Conflicting certificates from the States named had been forwarded to the seat of government, and were in keeping of the officer designated by law as the custodian of the electoral returns from the several States. The contingency which had now arisen was one for which there was no provision. The sole function of the joint session of the Senate and the House was "to open all the certificates and count the votes." This was "the be all and end all" of its authority. Upon the arising of any question demanding a vote, or even deliberation, the members of the joint session could only return to their separate chambers. They could act only in their separate capacities. In a word, the perilous exigency presented was, the friends of one candidate having a majority in the Senate, and of the other in control of the House; conflicting certificates presented, upon which hinged the result, and the tension throughout the entire country assuming alarming proportions. Coupled with the question of peaceable succession to the great office was that of the durability of popular government. Tremendous issues, upon which depended unfathomable consequences, pressed for settlement; and no tribunal was in existence for their determination.

The sober second thought of those upon whom was then cast the responsibility asserted itself at the opportune moment, and a commission consisting of an equal number of Senators, Representatives, and Judges of the Great Court was created. This commission— extra-Constitutional, as was believed by many—decided as to the validity of the conflicting certificates, and in effect determined as to the Presidential succession.

The justification of the act creating the commission might well rest upon the fact that an overshadowing emergency had arisen, where necessity becomes the paramount law. "The pendulum of history swings in centuries," and a single term of the great office weighed little in view of the perils that surely awaited a failure to secure peaceful adjustment.

I may be pardoned for adding that in the retrospect of a life, no longer a short one, I have no regrets that my humble voice and vote were given for peaceable and lawful adjustment of a perilous controversy, that cast its dark shadow across our national pathway —such a one, as, please God, our country may never witness again.

Unquestionably the least satisfactory of the devices of our Federal Constitution is that for the election of President and Vice-President through the instrumentality of colleges of electors chosen by the several States. Upon this subject notes of warning have been many times sounded by eminent statesmen of the past. In view of the hazardous complications through which we have happily passed, and of those which may possibly beset our future pathway as a nation, it would indeed be the part of wisdom, if by Constitutional amendment a less complicated and cumbrous instrumentality could be devised for ascertaining and making effective the popular will in the selection of President and Vice-President of the United States.

One of the apprehensions of the framers of the Constitution was that of executive usurpation of functions lawfully pertaining to the co-ordinate department of the Government. This was measurably guarded against by the provision requiring appointment to high office to be by and with the advice and consent of the Senate. While the President by the exercise of the veto power possesses a negative upon legislation, the Senate by virtue of the provision quoted has an equally effective negative upon executive appointments to important office.

To the President is confided primarily the treaty-making power. Treaties are the law of the land, and their observance in spirit as well as letter touches the national honor. Upon this often depends the issue of peace or war. Before becoming effective their ratification by a two-thirds vote of the Senate is indispensable. From these and other safeguards strikingly appear what are known as "the checks and balances" of the Constitution.

An important function of the Senate yet to be mentioned is that of sitting as a high court of impeachment. The President, Vice-President, and other high officials are amenable to its jurisdiction. The initial step, however, in such procedure is by the House of Representatives, as the grand inquest of the nation, presenting articles of impeachment, the Senate possessing the sole power of trial. Six times only in our history has the Senate been resolved into a Court of Impeachment, and only twice—in the case of district judges—has there been a conviction. The earliest trial, more than a century ago, was that of a supreme justice, Chase of Maryland. Apart from the high official position of the accused, and the august tribunal before which he was arraigned, this trial is of historic interest from the fact that it involved the once famous Alien and Sedition Laws; that John Randolph was chief of the managers on the part of the House; Pinckney, Martin, and William Wirt of counsel for the defence; and Vice-President Aaron Burr, the presiding officer of the court.

The trial of Belknap, Secretary of War, is still within the memory of many. As a member of the House, I attended it from the beginning. It appearing from the evidence that Belknap had resigned his office before the presentation of the articles of impeachment, he was acquitted. The fate of General Belknap was indeed a sad one, that of a hitherto honorable career suddenly terminated under a cloud. Morally guiltless himself, his chivalric assumption of responsibility for the act of one near to him, and his patiently abiding the consequence, has invested with something of pathos, and even romance, the memory of his trial.

An impeachment that has left its deep impress upon history, and before which all others pale into insignificance, was that of President Johnson, charged by the House of Representatives with the commission of "high crimes and misdemeanors." He had been elected to the second place upon the ticket with Mr. Lincoln in 1864, and upon the death of the latter, succeeded to the Presidency. Radical differences with the majority in the Congress, upon questions vital and far-reaching, ultimately culminated in the presentation of articles of impeachment. Partisan feeling was at its height, and the excitement throughout the country intense. The trial was protracted for many weeks without jot or tittle of abatement in the public interest. The chief managers on the part of the House were Benjamin F. Butler and Thaddeus Stevens. The array of counsel for the accused included the names of Benjamin R. Curtis, Henry Stanberry, and William M. Evarts. The Senate, in its high character of a court, was presided over for the first and only time by the Chief Justice of the United States. The trial was conducted with marked decorum; every phase of questions touching the exercise of executive authority, or lawful discretion, was fully discussed, the very springs of legislative power, and its limitation under Constitutional government, were laid bare—all with an eloquence unparalleled save only in the wondrous efforts of Sheridan, Fox, and Burke in the historic impeachment of Warren Hastings before the British House of Lords. The spectacle presented was one that challenged the attention and wonder of the nations; that of the chief magistrate of a great republic at the bar of justice, calmly awaiting judgment without popular disturbance or attempted revolt, under the safeguards of law and its appointments. The highest test of the virtue of our system of representative government, and of the unfaltering devotion of our people to its prescribed methods, is to be found in the fact, that during the protracted trial the various departments proceeded with wonted regularity; the verdict of the Senate was acquiesced in without manifestation of hostility; partisan passion soon abated and the great impeachment peaceably relegated to the domain of history.

The House of Representatives has an official life of short duration. Its reorganization is biennial. The Senate is enduring. Always organized, it is the continuing body of our national legislature. Its members change, but the Senate continues the same now, as in the first hour of the Republic.

In his last great speech in the Senate, Mr. Webster said:

"It is fortunate that there is a Senate of the United States; a body not yet moved from its propriety, not lost to a full sense of its own dignity and its own high responsibilities, and a body to which the country looks with confidence for wise, moderate, patriotic, and healing counsels."

Upon the first assembling of the Senate in its present magnificent chamber nearly half a century ago, the Vice-President closed his eloquent dedicatory address with the words:

"Though these marble walls moulder into ruins, the Senate in another age may bear into a new and larger chamber the Constitution vigorous and inviolate, and the last generation of posterity shall witness the deliberations of the representatives of American States still united, prosperous, and free."

VI A TRIBUTE TO LINCOLN

THE WRITER'S SPEECH AT THE LINCOLN CENTENNIAL CELEBRATION, 1909 —PATRIOTIC CHARACTER OF THE MEETING—LEADING HISTORICAL EVENTS BETWEEN 1809 AND 1909—BIRTH OF LINCOLN—TERRITORIAL ORGANIZATION OF ILLINOIS—BIRTH OF DARWIN AND GLADSTONE—CAREER OF NAPOLEON—WAR OF 1812—THE SLAVERY QUESTION—SEIZURE AND SURRENDER OF MASON AND SLIDELL—EMANCIPATION OF SLAVES.

February 12, 1909, will long be remembered as the day of the celebration of the hundredth anniversary of the birth of Abraham Lincoln. For on that day was the culmination of a celebration which, in various parts of the country, had begun at least a week before. Rarely has there been an occasion of so much decoration, so many addresses, or so much patriotism. The largest celebration occurred in New York City, but that of Chicago, if not so large, was at least as interesting and impressive, for in it and surrounding parts of Illinois some of the most memorable events in the life of Lincoln took place. Yet these manifestations were not a whit more patriotic than those of many small towns and villages.

Every hamlet, every town, and every city of the United States seemed to be imbued with a desire to do honor to the memory of the man Lincoln. Every newspaper and every magazine of whatever name or order was filled with pictures, anecdotes, and sketches of the life of "Honest Abe." Books galore were published emphasizing every phase of his life, character, work, and influence; and they sold well.

My contribution to this occasion was the following speech delivered at Bloomington, Illinois, February 12:

"We have assembled to commemorate one of the epoch-making events in history. In the humblest of homes in the wilds of a new and sparsely settled State, Abraham Lincoln was born one hundred years ago, this day.

"The twelfth day of February, like the twenty-second day of the same month, is one of the sacred days in the American calendar. It is well that this day be set apart from ordinary uses, the headlong rush in the crowded mart suspended, the voice of fierce contention in legislative halls be hushed, and that the American people—whether at home, in foreign lands, or upon the deep—honor themselves by honoring the memory of the man of whose birth this day is the first centennial.

"This coming together is no idle ceremony, no unmeaning observance. To this man, more than to any other, are we indebted for the supreme fact that ninety millions of people are at this hour, in the loftiest sense of the expression, fellow-citizens of a common country. Some of us, through the mists of half a century, distinctly recall the earnest tones in which Mr. Lincoln in public speech uttered the words, 'My fellow-citizens.' Truly the magical words 'fellow-citizens' never fail to touch a responsive chord in the patriotic heart. Was it the gifted Prentiss who at a critical moment of our history exclaimed:

"'For whether upon the Sabine or the St. John's; standing in the shadow of Bunker Hill or amid the ruins of Jamestown; near the great northern lakes or within the sound of the Father of Waters flowing unvexed to the sea; in the crowded mart of the great metropolis or upon the western verge of the continent, where the restless tide of emigration is stayed only by the ocean—everywhere upon this broad domain, thank God, I can still say "fellow-citizens"!'

"Let us pause for a moment and briefly note some of the marvellous results wrought out by the toil, strife, and sacrifice of the century whose close we commemorate. The Year of Our Lord 1809 was one of large place in history. The author of the Declaration of Independence was upon the eve of final retirement from public place, and the Presidential term of James Madison just beginning, when in a log cabin near the western verge of civilization the eyes of Abraham Lincoln first opened upon the world. The vast area stretching from the Rocky Mountains to the Pacific Ocean was under the dominion of Spain. Two decades only had passed since the establishment of the United States Government under the Federal Constitution, and the inauguration of Washington as its first President. Lewis and Clark had but recently returned from the now historic expedition to the Columbia and the Oregon,—an expedition fraught with momentous consequences to the oncoming generations of the Republic. Only five years had passed since President Jefferson had purchased, for fifteen millions of dollars from Napoleon Bonaparte, the Louisiana country, extending from the Gulf of Mexico to the frozen lakes, out of which were to be carved sixteen magnificent States to become enduring parts of the American Republic. From the early Colonial settlements that fringed the Atlantic, a tide of hardy emigration was setting in to the westward, and, regardless of privation or danger, laying the sure foundation of future commonwealths. Four States only had been admitted into the Federal Union, and the population of the entire country was less than that of the State of New York to-day. This same year witnessed the first organization of Illinois into a distinct political community and its creation, by act of Congress, as the Territory of Illinois, with a white population less than one-twentieth of that of this good county to-day. The United States having barely escaped a war with France,—our ally in securing our independence,—was earnestly struggling for distinct place among the nations.

"No less significant, and fraught with deep consequences, were events occurring in the Old Worlds. The year 1809 witnessed the birth of Darwin and Gladstone. The despotism of the Dark Ages still brooded over Continental Europe, and whatever savored of popular public rule—even in its mildest form—was yet in the distant future. Alexander the First was on the throne of Russia,— and her millions of serfs were oppressed as by the iron hand of the Caesars. The splendid German Empire of to-day had no place on the map of the world; its present powerful constituencies were antagonistic provinces and warring independent cities. Napoleon Bonaparte—'calling Fate into the lists'—by a succession of victories unparalleled in history had overturned thrones, compelled kings upon bended knee to sue for peace, and substituted those of his own household for dynasties that reached back the entire length of human history. With his star still in the ascendant, disturbed by no forecast of the horrid nightmare of the retreat from Moscow, 'with legions scattered by the artillery of the snows and the cavalry of the winds,' tortured by no dream of Leipsic, of Elba, of Waterloo, of St. Helena, he was still the 'man of destiny,' —relentlessly pursuing the ignis fatuus of universal empire.

"The year that witnessed the birth of Abraham Lincoln witnessed the gathering of the disturbing elements that were to precipitate the second war with the mother country. England—with George the Third still upon the throne—by insulting and cruel search of American vessels upon the high seas, was rendering inevitable the declaration of war by Congress,—a war of humiliation upon our part by the disgraceful surrender of Hull at Detroit and the wanton burning of our Capitol, but crowned with honor by the naval victories of Lawrence, Decatur, and Perry, and eventually terminated by the capture of the British army at New Orleans. As an object lesson of the marvels of the closing century, an event of such momentous consequence to the world as the formulation of the Treaty of Ghent, by which peace was restored between England and America, would to-day be known at every fireside a few hours after its occurrence. And yet, within the now closing century, the battle of New Orleans was fought twenty-three days after the Treaty of Ghent, coming by slow-sailing vessels across the Atlantic, had received the signature of our commissioners; all unsettled accounts squared eternally between America and Great Britain; and the United States, by valor no less than by diplomacy, exalted to honored and enduring place among the nations.

"The fifty-six years that compassed the life of Abraham Lincoln were years of transcendent significance to our country. While he was yet in his rude cradle the African slave trade had just terminated by constitutional inhibition. While Lincoln was still in attendance upon the old field school, Henry Clay—yet to be known as the 'great pacificator'—was pressing the admission of Missouri into the Union under the first compromise upon the question of slavery since the adoption of the Federal Constitution. From the establishment of the Government the question of human slavery was the one perilous question,—the one constant menace to national unity, until its final extinction amid the flames of war. Marvellous to man are the purposes of the Almighty. What seer could have foretold that, from this humblest of homes upon the frontier, was to spring the man who at the crucial moment should cut the Gordian knot, liberate a race, and give to the ages enlarged and grander conception of the deathless principles of the declaration of human rights?

"'Often do the spirits of great events Stride on before the events, And in to-day already walks to-morrow.'

"The first inauguration of President Lincoln noted the hour of breaking with the past. It was a period of gloom, when the very foundations were shaken, when no man could foretell the happening of the morrow, when strong men trembled at the possibility of the destruction of our Government.

"Pause a moment, and recall the man who, under the conditions mentioned, on the fourth of March, 1861, entered upon the duties of the great office to which he had been chosen. He came from the common walks of life—from what, in other countries, would be called the great middle class. His early home was one of the humblest, where he was a stranger to the luxuries and to many of the ordinary comforts of life. His opportunities for education were only such as were common in the remote habitations of our Western country one century ago.

"Under such conditions, began a career which in grandeur and achievement has but a single counterpart in our history. And what a splendid commentary this upon our free institutions,—upon the sublime underlying principle of popular government! How inspiring to the youth of high aims every incident of the pathway that led from the frontier cabin to the Executive Mansion,—from the humblest position to the most exalted yet attained by man! In no other country than ours could such attainment have been possible for the boy whose hands were inured to toil, whose bread was eaten under the hard conditions that poverty imposes, whose only heritage was brain, integrity, lofty ambition, and indomitable purpose. Let it never be forgotten that the man of whom I speak possessed an integrity that could know no temptation, a purity of life that was never questioned, a patriotism that no sectional lines could limit, and a fixedness of purpose that knew no shadow of turning.

"The decade extending from our first treaty of peace with Great Britain to the inauguration of Washington has been truly denominated the critical period of our history. The eloquence of Adams and Henry had precipitated revolution; the unfaltering courage of Washington and his comrades had secured independence; but the more difficult task of garnering up the fruits of victory by stable government was yet to be achieved. The hour for the constructive statesman had arrived, and James Madison and his associates, equal to the great emergency, formulated the Federal Constitution.

"No less critical was the period that bounded the active life of the man whose memory we honor to-day. One perilous question to national unity which for nearly three-quarters of a century had been the subject of repeated compromise by patriotic statesmen; the apple of discord producing sectional antagonism, whose shadow had darkened our national pathway from the beginning,—was now for weal or woe to find determination. Angry debate in the Senate and upon the forum was now hushed, and the supreme question that took hold of national life was to find enduring arbitrament in the dread tribunal of war.

"It was well that in such an hour, with such tremendous issues in the balance, a steady hand was at the helm; that a conservative statesman—one whose mission was to save, not to destroy—was in the high place of responsibility and power. It booted little then that he was untaught of schools, unskilled in the ways of courts, but it was of supreme moment that he could touch responsive chords in the great American heart, all-important that his very soul yearned for the preservation of the Government established through the toil and sacrifice of the generation that had gone. How hopeless the Republic in that dark hour, had its destiny hung upon the statecraft of Talleyrand, the eloquence of Mirabeau, or the genius of Napoleon! It was fortunate indeed that the ark of our covenant was then borne by the plain, brave man of conciliatory spirit and kind words, whose heart, as Emerson has said, 'was as large as the world, but nowhere had room for the memory of a wrong.'

"Nobler words have never fallen from human lips than the closing sentences of his first inaugural uttered on one of the pivotal days of human history, immediately after taking the oath to preserve, protect, and defend his country:

"'I am loath to close. We are not enemies, but friends. Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory, stretching from every battlefield and patriot's grave to every heart and hearthstone of this broad land, will yet swell the chorus of the Union when touched as they will be by the better angels of our nature.'

"In the light of what we now know so well, nothing is hazarded in saying that the death of no man has been to his country so irreparable a loss, or one so grievous to be borne, as that of Abraham Lincoln. When Washington died his work was done, his life well rounded out. Save one, the years allotted had been passed. Not so with Lincoln. To him a grander task was yet in waiting, one no other could so well perform. The assassin's pistol proved the veritable Pandora's box from which sprung evils untold,—whose consequences have never been measured.—to one-third of the States of our Union. But for his untimely death how the current of history might have been changed,—and many a sad chapter remained unwritten! How earnestly he desired a restored Union, and that the blessings of peace and of concord should be the common heritage of every section, is known to all.

"When in the loom of time have such words been heard above the din of fierce conflict as his sublime utterances but a brief time before his tragic death—

"'With malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation's wounds; to care for him who shall have borne the battle, and for his widow and his orphan, to do all which may achieve a lasting peace among ourselves, and with all nations.'

"No fitter occasion than this can ever arise in which to refer to two historical events that at crucial moments tested to the utmost the safe and far-seeing statesmanship of President Lincoln. The first was the seizure upon the high seas of Mason and Slidell, the accredited representatives from the Southern Confederacy to the courts of England and France, respectively. The seizure was in November, 1861, by Captain Wilkes of our navy; and the envoys named were taken by him from the Trent, a mail-carrying steamer of the British Government. The act of Captain Wilkes met with enthusiastic commendation throughout the entire country; he was voted the thanks of Congress, and his act publicly approved by the Secretary of the Navy.

"The demand by the British government for reparation upon the part of the United States was prompt and explicit. The perils that then environed us were such as rarely shadow the pathway of nations. Save Russia alone, our Government had no friend among the crowned heads of Europe. Menaced by the peril of the recognition of the Southern Confederacy by England and France, with the very stars apparently warring against us in their courses, the position of the President was in the last degree trying. To surrender the Confederate envoys was in a measure humiliating and in opposition to the popular impulse; their retention, the signal for the probable recognition of the Southern Confederacy by the European powers, and the certain and immediate declaration of war by England.

"The good genius of President Lincoln—rather his wise, just, far-seeing statesmanship—stood him well in hand at the critical moment. Had a rash and impulsive man then held the executive office, what a sea of troubles might have overwhelmed us! How the entire current of our history might have been changed!

"The calm, wise President, in his council chamber, aided by his closest official adviser, Secretary Seward, discerned clearly the path of national safety and of honor. None the less was the act of the President one of justice, one that will abide the sure test of time. Upon the real ground that the seizure of the envoys was in violation of the Law of Nations, they were eventually surrendered, and war with England, as well as the immediate danger of recognition of the Confederacy, averted. Let it not be forgotten that this very act of President Lincoln was a triumphant vindication of our Government in its second war with Great Britain—a war waged as a protest on our part against British seizure and impressment of American citizens upon the high seas.

"The other incident, to which I briefly refer, was the proclamation of emancipation. As a war measure of stupendous significance in the national defence, as well as of justice to the enslaved, such proclamation, immediate in time and radical in terms, had to greater or less degree been urged upon the President from the outbreak of the Rebellion. That slavery was to perish amid the great upheaval became in time the solemn conviction of all thoughtful men. Meanwhile there were divided counsels among the earnest supporters of the President as to the time the masterful act 'that could know no backward steps' should be taken. Unmoved amid divided counsels, and at times fierce dissensions, the calm, far-seeing executive, upon whom was cast the tremendous responsibility, patiently bided his time. Events that are now the masterful theme of history crowded in rapid succession, the opportune moment arrived, the hour struck, the proclamation that has no counterpart fell upon the ears of the startled world, and, as by the interposition of a mightier hand, a race was lifted out of the depths of bondage.

"To the one man at the helm it seemed to have been given to know the day and the hour. At the crucial moment, in one of the exalted days of human history,

"'He sounded forth the trumpet that has never called retreat.'

"The men who knew Abraham Lincoln, who saw him face to face, who heard his voice in public assemblage, have with few exceptions passed to the grave. Another generation is upon the busy stage. The book has forever closed upon the dreadful pageant of civil strife. Sectional animosities, thank God, belong now only to the past. The mantle of Peace is over our entire land, and prosperity within our borders.

"'The war-drum throbs no longer, And the battle flags are furled In the parliament of men, The federation of the world.'

"Through the instrumentality, in no small measure, of the man whose memory we now honor, the Government established by our fathers, untouched by the finger of Time, has descended to us. The responsibility of its preservation and transmission rests upon the successive generations as they come and go. To-day, at this auspicious hour sacred to the memory of Lincoln, let us, his countrymen, inspired by the sublime lessons of his wondrous life, and grateful to God for all He has vouchsafed to our fathers and to us in the past, take courage and turn our faces resolutely, hopefully, trustingly to the future. I know of no words more fitting with which to close this humble tribute to the memory of Abraham Lincoln, than those inscribed upon the monument of Moliere:

"'Nothing was wanting to his glory; he was wanting to ours.'"

VII STEPHEN A. DOUGLAS