1)4/1 lio : / f 7 (Hmmll Hmrmitg Jihavg THE GIFT OF £>£^i^pt.t^i.ce^ ^W, obt>10:e^... A. I I (-Oi-i 7lHn X7 i> DAjpgTDUE JAN, p-ig73P ^^^ J^6^ 'PWWflSiftlHi CAYLORD PRINTED IN U S A Cornell University Library E710.D41 F7 Four davs at. the Rational. Re^ubH 3 1924 030 932 655 olin Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030932655 FOUR DAYS AT THE National Republican Convention, ST. LOUIS, JUNE, 1896, AND OTHER POLITICAL OCCASIONS. SPEECHES AND ADDRESSES Hon. Chauncey M. Depew, LLD. ■Ct^ vU s 3-^/UUlJ^x I / j f i FOUR DAYS National Republican Convention, ST. LOUIS, JUNE, 1896, AND OTHER POLITICAL OCCASIONS. SPEECHES AND ADDRESSES OF Hon. Chauncey M. Depew, LLD. A- M Co 014- FIRST DAY. Address at the Banquet of the Law Alumni Association of Mis- souri on the evening of June 13, 1896. SECOND DAY. Address before the Merchants' Exchange, St. Louie, at noon on June 14, 1896. Address before the University Club of St. Louis on the evening of J*jne 14, 1896. THIRD DAY. Address at the Entertainment given in Convention Hall, St. LouiS| In Aid of the Soldiers' Home of Missouri, on the evening of June 16, 1896. Speech to the Ladies In the Rotunda of the Southern Hotel, St. Louis, on the evening of June 15, 1896. FOURTH DAY. Speech Nominating Governor Levi P. Morton for President of the United States at the National Republican Convention, St. Louis, on June 16, 1896. Speech at the National Republican Convention In response to the Motion Making the Nomination of Major McKinley Unanimous, June 16, 1896. AFTERMATH. Speech on the Issues of the Campaign to an Audience of 28,000 people, at the Coliseum, Chicago, October 9, 1896. Speech delivered at the Dinner of the New England Society at Washington on Forefathers' Day, Decembe- 22, 1897. Speech upon taking the Chair as President of the Republican Club of the City of New York, January 17, 1898. Speech as President of the Republican Club of the City of New York at the Banquet at Delnnonico's, Celebrating the Birthday of Abraham Lincoln, February 12, 1898. Address at the Concert given at the Astoria Hotel, March 4, 1898, for the Benefit of the Widows and Orphans of those who perished on the Warship l\4aine. Speech as President of the Empire State Society of the Sons of the American Revolution at the Annual Banquet on the Anniversary o* the Fall of Lord North's Ministry, March 19, 1898. Address at the Banquet of the Law Alumni Association of Missouri on the even- ing of June 13, 1896. Mr. Chairman and Gentlemen : It affords me very great pleasure to meet my brethren of the bar of Missouri. Though not in the active practice of the profession, the many and im- portant questions which come before me for review or decision keep me in constant touch and interest with the law. Our associations are as national, as broad and as liberal as the authority of the Constitution of the United States and the jurisdiction of the courts. The law is the only one of the professions whose mem- ters will both criticise themselves and accept criti- cisms from others with cheerfulness and equanim- ity. Any one who has tried it often, as I have, will discover a singular sensitiveness among the clergy, the doctors, and the journalists. No one can be faithful to his calling and have in it that loyal pride which makes for success without being jealous of its rights and privileges and proud of the distinction it confers. But it is never wise to take one's self or one's pursuits too seriously. All professions but our's resent raillery, ridicule or fun at their expense, or doubting suggestions of their infallibility. We, however, care little for the shafts of envy or of malice, or of sport. We submit, without response, to things that are said about us, and the judgments which 6 are pronounced upon us by lay or professional brethren, in the serene consciousness that clients must continue to contribute to our support, and that neither individuals nor corporations, nor munici- palities, nor states nor nations can get along with- out us. It was a magnificent array of noble barons and gallant knights who, upon prancing chargers and iu glittering armor, gathered upon the field of Kunny- mede. But they could only poise their lances and shout their battlecries for declarations of the prin- ciples of liberty which had been prepared by the lawyers, and when the great charter had been drawn up by those learned in the law, these mighty nobles were compelled to afBx their signatures by a mark and stamp their seals with the hilts of their swords. The early Puritan period has furnished to elo- quence and poetry a halcyon picture of Arcadian peacefulness. " For one hundred years," cries the speaker, " these communities lived with no judges to puzzle and no lawyers to vex them." At the risk of the charge of iconoclasm I must break that venerable image. They had courts, but they were ecclesiasti- cal ones, and they had lawyers, but they were the Puritan ministers. Doubtless these learned clerics conscientiously and justly settled neighborhood disputes between individuals, but the peace of communities and the rights of their citizens rest upon broader foundations. They hung witches, they ex- pelled Baptists, they banished Quakers, they drove Eoger Williams, the most enlightened man of that period, into exile in a wilderness, they demonstrated that under a theocracy, as under an oligarchy or a despotism, liberty can not be maintained except by the eternal principles of law, and a learned body of men to interpret and courts to enforce them. We will select as types of the Puritan period and the period of the development of the law, the Kev. Cotton Mather and Oliver Ellsworth, both educated for the ministry, both men of genius, culture and acquire- ments. Cotton Mather, in passing judgment and in- flicting sentences, created conditions which virtually destroyed civil and religious liberty, while Oliver Ellsworth, having become learned in the law and hav- ing adopted it as a profession, prepared the judiciary article of the Constitution, devised the system and procedure of the Supreme Court of the United States as it exists to-day, and in an illustrious career as its Chief Justice, began the formation of that body of law which has promoted justice and enlarged liberty in our country. We are accustomed to pay superlative tribute to the great soldiers of our country. Washington and Greene and Schuyler and Gates, of the Kevolution- ary period, and General Scott and General Jackson and Commodores Decatur and Perry, of the war of 1812, and Grant and Sherman and Sheridan, are all embalmed in the richest rhetoric of our history, the most stirring pages of the schoolbooks and the most glowing periods of our eloquence. In lesser measure we glorify the statesmen of the Kepublic. It is the story of our nation that its origin and development have been due to a few great leaders. We have little written, and less understood, of the large debt we owe to a few great lawyers. Alexan- der Hamilton was the most brilliant and construe- tive intelligence of his own or of almost any age. He was the leader of the bar of the United States. With prophetic vision he saw the possibilities of the limitless expansion and power of this country and the impossibility of its development unless it became a nation. The Colonial statesmen were jealous of the rights of their colonies and unwilling to sur- render the autonomy of their commonwealths to a central government. With infinite tact, and with marvelous condensation of language, Hamilton cap- tured the assent of the discordant members of the young confederacy to a Constitution which created a Eepublic bound together as they thought by a rope of sand, but tied, as he knew, in bonds of indissolu- ble and indestructible union. The task of inter- preting the delphic utterances of Hamilton into a lucid exposition of national power and grandeur fell upon that other leader of the bar of his time, Chief Justice Marshall. When he decided, in 1803, that the Supreme Court of the United States could annul a statute which had been passed by Congress and signed by the President, he prevented the possibility of the usurpation of power by the legislative or ex- ecutive branches of the government, or both com- bined; he safeguarded liberty, life and property against legislative anarchy or legislative commun- ism. When he decided, five years later, that the Supreme Court of the United States could declare invalid the acts of the Legislatures of the several states which were in conflict with the Constitution of the United States, he linked the states together by a chain of law which could only be broken by revolution. When, still later, he held that this same 9 majestic tribunal had jurisdiction over and could bring before it the warring commonwealths of the Republic and render judgment upon their differ- ences, he made impossible organized war between the states. We pass down another generation and the conflict which Hamilton foresaw and furnished the broad language to cover, which Chief Justice Marshall gave the law to decide, of the rights of the states and the powers of the government, became a political question of the first moment. Then again the leader of the bar, in a speech in the United States Senate, unequaled for the felicity of its dic- tion, the power of its logic, the sustained and lofty- grandeur of its thought, proclaimed the doctrine of " liberty and union, one and inseparable, now and forever." This great lawyer was Daniel Webster. His speech went into the schoolbooks, it formed the declamation for the coming citizens, soldiers and statesmen of the Eepublic and created a deathless and passionate love for the Union. Another genera- tion came upon the stage, educated and enthused by the eloquence of Webster, and another lawyer, supremely great as such, though too much in poli- tics to be a leader of the bar, had devolved upon him the supreme task of supporting the idea of Hamil- ton, maintaining the decisions of Marshall, carrying out the doctrines of Webster, and of so concentrat- ing the resources of the country for its defence and the powers of the Union for its maintenance, that he might hold the Republic together by the over- whelming force of arms and cement it with new and eternal ties by justice and forgiveness, and, " with 10 malice toward none and charity for all," this majes- tic work was performed by Abraham Lincoln, The great minds of other countries and of cen- turies preceding our Republic saw the dangers to liberty of the concentration of judicial authority in the executive or the legislature. Montesquieu pointed it out clearly when he said, in effect, that if the executive has judicial power it is tyranny, if the legislature has judicial power it is tyranny. To ad- vance the judiciary to the point where it could be absolutely independent of the throne and of Parlia- ment, of the executive and of Congress, is impossible in older countries. Whether it be a limited mon- archy as in England, a republic as in France, or an autocracy as in Eussia, the traditions of the throne will not permit the judiciary to curb its authority. Whether it be a Parliament as in Great Britain, a Senate and House of Deputies as in France, or a representative body, as in any of the continental countries, there is in them, and especially in their upper house, a heredity of feudal authority which will not brook the judge criticising its action or nul- lifying its laws. Fortunately for us our ancestors, trained and educated in the best traditions of civil and religious liberty, approached the problems of government without the heredity of monarchy or feudalism. They had neither classes nor privileges. It was possible for them to declare in principle and formulate in practice the idea of Montesquieu and the philosophical statesmen of preceding gene- rations. They could create the executive with its powers, the legislature with its authority, and make a written Constitution, and organize a court which 11 could say to congresses and to presidents, "this Constitution is the supreme law, and your acts must conform to its provisions or they will be null and void and of no effect." In this innovation in govern- ment and power of the court we have the preserva- tive principles of American liberty and the perpet- ual continuance of American opportunity. Every decade, almost every year, has its problems for solution, and its critical time. It is the mission of the bar, and one which it has always fulfilled, to forecast or to meet these dangerous situations. This is a lawyers' government, its Constitution was framed by lawyers, all but three of its Presidents have been lawyers, all but five of its Vice-Presidents, seven-tenths of its Cabinet Ministers and the majority of its Congressmen, Senators and members of its state legislatures have also been lawyers. The lawyer is a man of peace, but he is also a man of action. His courage is exhibited both in resisting popular clamor and in leading patriotic enthusiasm. He formulated the demands which led to the Eevo- lution, and when nothing but war could secure them, he enlisted in the Continental army. The lawyers did their best to settle the controversies between the North and the South, but when only the bloody arbit- rament of arms could decide the contest, in propor- tion to their numbers more lawyers enlisted in the Union and Confederate armies than came from any other vocation or calling. The questions which the profession is especially to meet to-day are many, and one of them is that the law shall not be degraded by unworthy practition- ers. With all that may be said against the lawyers, 12 fewer of them are rascals, fewer defaulters, fewer faithless to their duties, than the members of any other profession upon which devolve obligations and trusts. The weaknesses of humanity enter into our calling as into every other, but wherever the pro- fession has been degraded it has been by the Legis- lature lowering the standard and admitting to the bar those who had neither the character nor the learning nor the equipment to interpret the law, to protect the weak, to remedy wrongs or to enforce rights. Cheap law and cheap lawyers not only de- grade the profession, but they promote litigation and let loose a horde of incompetent and unworthy practitioners to prey upon the community. The standard of admission to the bar should be made higher and higher, so that those only who are wor- thy can be admitted. We should devote our efforts to the simplification of procedure. It is a standing disgrace to the civilization and the intelligence of the United States that there are more homicides in our country in proportion to the population than in any other civilized nation. It is not due, as is be- lieved by foreigners, to a contempt for law, to a want of authority in the courts or integrity in juries, but to the fact that obsolete and worthless rules of pleading and practice defeat justice. A man's life is more precious than the life of him who takes it. That the murderer should escape because there may be a technical flaw in his indictment throws the com- munity in a rage back to those first principles of natural justice, where, there being no law and no courts, the murderer was tried by his neighbors and upon proof was executed with no other appeal than 13 that which might be made to the Supreme Judge of the Universe. We should brush aside these techni- calities, which bring the law into contempt, protect murderers and make life cheap. When the Appel- late Court decides cases upon their merits, upon the guilt or innocence of the accused, there will be sub- stituted in this country for Judge Lynch the supreme authority of the law and its appointed or elected administrators. Lawyers can generally be trusted when they be- come judges. The history of our country demon- strates this assertion, and the history of Great Bri- tain, from which we derive our law, establishes this principle. Coke, as Attorney-General, was subser- vient to the Crown, but as Judge defied the King and sustained the sovereignty of the law. This reforma- tion must be brought about, not only for the peace of communities, not only to promote respect for the law, but that in foreign countries there may not be the universal impression that all our judges go by the name of Lynch. The domestic relation is the most sacred in a civil- ized community. Home is the sweetest word in the English language. He who assails it is an enemy of his country, and the statute which weakens it is destructive of social order and of domestic happi- ness. We should strive to bring about that uni- formity of law which would give in every state the same rules for divorce. We should so legislate, if necessary by Congress, under the provisions of the Constitution, that a state or territory may not, for temporary gain, say that the sacrament of marriage can be sacrificed upon a whim and without notice, 14 and compel older communities, which recognize in their statutes the sacredness of the obligation, to obey this travesty upon morals and upon law. Steam and electricity have made possible the ac- cumulation of great fortunes and the formation of powerful combinations. The world has not adjusted itself to these circumstances, and sudden and violent disruptions of industrial conditions produce distress, doubt and distrust during the processes of reorgani- zation. It will require all the courage, patriotism and ability of the lawyers, in public and private life, during this tentative and critical period, to guard both against assault and encroachment upon indi- vidual enterprise, opportunity and liberty, and the delusive dangers of socialism and anarchy. I know of no more charming member of the com- munity than the old lawyer. I studied with a judge who, as I left his ofQce, had completed the eighty- sixth year of his life, and the sixty-fifth year of his practice. The old lawyer is the custodian of the secrets of the community. If he has been true to his profession and to his best instincts and teachings, he has been the benefactor of the village, or the town, or the county in which he has spent his life. He has settled family disputes; he has reconciled heirs to the provisions of wills; he has adjusted satis- factorily to all, and to the prevention of family feuds, the distribution of estates; he has prevented neigh- borhood vendettas on boundary lines; he has brought old-time enmities into cordial friendships; he has made clients and money by being honest, faithful and true. The secrets of his register, of his safe and of his memory are the skeletons of the fam- 15 ily closet of the whole neighborhood. But the pro- cess of modern cremation does not more perfectly destroy the human frame than does this lawyer's fidelity to his oath keep out of sight these family skeletons. The law promotes longevity. It is because its dis- cipline improves the physical, the mental and the moral conditions of its practitioner. In other words it gives him control over himself, and a great philosopher has written that he who can command himself is greater than he who has captured a city. The world has been seeking for all time the secrets of longevity and happiness. If they can be united, then we return to the conditions of Methusalah and his compatriots. Whether I may live to their age I know not, but I think I have discovered the secret of Methusalah's happy continuance for nearly a thou- sand years upon this planet. He stayed here when there was no steam and no electricity, no steamers upon the river or the ocean propelled by this mighty power, no electric light, no railways spanning the continent, no overhead wires and no cables under the ocean communicating intel- ligence around the world, and no trolley lines re- ducing the redundant population. He lived not be- cause he was free from the excitements incident to the age of steam and electricity, but because of the secret which I have discovered, and it is this: Longevity and happiness depend upon what you put in your stomach and what gets into your mind. My brother lawyers of Missouri, those of you who have been long at the bar, and those who are just entering upon the practice of the profession, it is 16 with great pleasure that I can step aside at youi invitation, from the political excitements and the party passions which call me here as a delegate t< the Republican National Convention, and meet yoi in this social communion and happy interchange o those fraternal greetings which lawyers can alwayi extend to each other. Address before tlie Merchants' Exchange, St. Louis, at noon on June 14, 1896. Mr. President and Merchants of St. Louis: It is with great pleasure that I am here to-day to meet you and be greeted by you. I did not come to St. Louis to make a business speech — I am a busi- ness man on a political errand (cries of " Good " and laughter) — but I came because I believe it to be the duty of the business men of this country to take the government of the business of the country in hand. (Applause.) We have neglected our duty in that re- spect, and many of the evils — most of them — which afflict our municipalities, our States and our Con- gress are because the business men of the country have been too absorbed in their own affairs — their private affairs — to pay attention to public ques- tions which are their private affairs. (Applause.) This Convention which meets here to-morrow is a gathering of the representatives of one of the great parties of the country. It is fortunate for free insti- tutions and for their permanence that there should always be two great parties to watch each other, and when the one makes mistakes or becomes corrupt, the other can step into its place. I count it a fortunate event that the Eepublican National Convention is held in the city of St. Louis. (Applause.) It is fortunate that this party, organ- ized on lines which thirty-five years ago were so full 2 18 of passionate resentment, is holding its quadrennial meeting for the nomination of its candidates and for the enunciation of its principles in the principal city of what was formerly a slave State, in the principal city of what was formerly a border State, in the midst of the territory where a generation before the people were at each other's throats upon the exist- ence of the Union. It demonstrates as nothing else could to the country and the world that the United States are now one nation and one people. (Loud cheers and applause.) It is fortunate, also, that these Conventions are held. This is a great country; it is a big country; it is a vast country; and the ele- ments of its union and prosperity will be promoted by having all parts become better acquainted with each other. The North, the East and the Northwest know but little of this capital of the Mississippi valley, and of the Mississippi valley itself. But we come here from New England, we come from the Middle States, we come from the Northwest, we come from the Pacific Coast, to carry back to our con- stituencies everywhere that the Mississippi valley is about as important a part in the business and intel- ligence of this great country as the sections from which we come ourselves. (Cheers and applause.) Certainly, we have all been pleased with the gener- ous hospitality with which you have received us. No community ever did so much to make the visiting delegations of the country happy and comfortable. (" Hear, hear," and applause.) There has been no politics in this reception. You simply wanted to know the men without regard to politics from all over the country, and that they should know you. 19 mo host ever did so much for guests as you have done. -(Cries of " Good " and applause.) To clear your at- mosphere and to give it a temperature that New Yorkers envy (laughter), you get up a |10,000,000 cyclone — and you did it well. (Renewed laughter.) Now, gentlemen, I believe in the force and power and influence of organizations like your own all over the country. They are the real Legislatures; they are the real Congresses. There is no Board of Trade in the United States which in the same length of time could have done and failed to do what Congress has done and failed to do in the last six months. (Laughter and applause.) Whatever differences of latitude or longitude there may be, there is no differ- ence of opinion upon great questions affecting the currency of the country between New York and St. Louis, and Boston and New Orleans, and Philadel- phia and Minneapolis, and St. Paul and San Fran- -cisco. We know what is best for the interests of the country, and we wish our representatives knew as much. We have seen a spectacle which has had the most disastrous effect upon our credit and upon our business, of a few men intent upon putting their i