LIBRARY OF CONGRESS D D D 2 S 5 H 5 ■=! 1 b Administrations of Govern nors of Missouri HAMILTON ROWAN GAMBLE and tbe Provisional Government of Missouri BY JUDGE JOHN F. PHILIPS Reprint From (he MISSOURI HISTORICAL REVIEW. October, 1910 COLUMBIA. MISSOURI. 1910 MISSOURI HISTORICAL REVIEW, VOL. 5. OCTOBER, 1910. NO. 1. HAMILTON ROWAN GAMBLE AND THE PROVISIONAL GOVERNMENT OP MISSOURI. Hamilton Rowan Gamble was born in Winchester, Vir- ginia, November 29th, 1798 . His grandfather emigrated from Ireland to the Colony of Pennsylvania in 1753, but after a few years returned to his native land. His eldest son, however, retvirned to America prior to the Revolution, and served con- spicuously as an engineer in the American army during the war. Subsequently he became a prominent citizen of Phila- delphia, occupying the chair of Profe-ssor of Greek and Latin in the University of Penns.ylvania. A younger son, Joseph, was bom in Ireland, after the father returned there. He was the father of the subject of this article. His wife was Anne Hamilton, daughter of John Hamilton, of the Strath, Ireland. They arrived and settled in Virginia in 1784. There were seven children bom to them ; the youngest of whom was Hamilton Rowan Gamble. From this Hibernian strain, doubtless, came that rich vein of genuine humor whicli, now and then, in conversation enlivened as a glad sunbeam his serious face, and often flashed out in his speeches relieving the severity of his logic. His academic education was completed at Hampden-Sid- ney College, Prince Edward Oo.unty. He studied law; and 2 MISSOURI HISTORICAL B*:VIEW. such were liis precocity and development that by the time lie reached his majority he had been admitted to the bar in three states. At first he went to Tennessee; but becoming attract- ed to St. Louis he arrived there in 1818, and became deputy circuit clerk under his elder brother Archibald Gamble. The spirit of adventure and enterprise being strong in him he went farther west, and located at Old Franklin, the county seat of Howard County, which at that time comprised more than one-half of the territory of the State. By the force of specific ascendancy he soon became Prosecuting Attorney of that vast jurisdiction. In that capacity he early displayed a conspicuous quality of his character, a conscientious sense of duty. If he discovered that the person charged with the commission of an offense was not guilty, or that the evidence against him was not satisfactory to his honest mind, he did not hesitate to ask leave to enter a nolle, or suggest to the jury a verdict of not guilty. And this was characteristic of his whole private and public life, — inculcating the aphorism that success won at the sacrifice of justice is dishonor. There is a tradition, vouched for by Hon. James 0. Broadhead, as coming second handed from Judge Abiel Leon- ard, that while Gamble, Leonard and John R. French were "young limbs of the law" at Old Franklin, French and some one, whose name is forgotten, agreed to fight a duel. Gamble and Leonard were the seconds. The party rode horse back across the State to Louisiana, Pike County, near the selected place for the deadly encounter, known then as Chenal Ecarti, on the Mississippi River. All stopped at an old hostelry, wearied with the trip, and sought rejuvenation in that elixir that either makes friends or enemies of those who touch glasses. They stood elbow to elbow and man to man as the glasses clicked together; and as their hearts warmed their hands clasped in friendship, and the duel was indefinitely postponed . When Frederick Bates became Governor of the State young Gamble was selected as Secretary, which took him to St. Charles, then the seat of Government. Governor Bates HAMILTON BROWN GAMBLE. 3 soon thereafter died, whereupon Mr. Gamble returned to St. Louis, and resumed the practice of law. There meeting Miss Coalter, of Columbia, South Carolina, he wooed and was ac- cepted, and they were married at the old homestead in Novem- ber, 1827. The bride's father was a distinguished South Carolinian. His daughters must have possessed rare charms of person and character, for others of them wedded such men as Edward Bates, of St. Louis, William C. Preston, of South Carolina, Chancellor Harper, and Dr. Means, brother of Gov- frnor Means, of South Carolina, himself a leading planter and citizen of the Commonwealth. Such were his attainments and qualities that in a short time he stood at the forefront of a bar that could boast of such members as Thomas H. Benton, Henry S. Geyer, and David Barton, United States Senators, Mathias McGirk and Robert Wash, afterwards members of the Supreme Court, and his brother-in-law, Edward Bates, afterwards Attorney General of the United States; and he was the peer of after-comers, greater lawyers than they. All of whom found Gamble, at Nisi or before the higher courts, a most formidable competitor; always to be feared and respected for his surpassing ability and tact. His distinctive attainments and judicial temper com- mended him for a place on the Supreme bench of the State, to which he was elected, receiving an unprecedented majority al- though in politics he was of the minority party. He took his seat in that court in 1851. There was then no office of Chief Justice, but his associates voted him the presidency of the court. His first opinion appears on the first page of the 15th and his last in the 20th volume of the Supreme Court reports. Although his career on the bench was short his opinions built for him an enduring monument as an eminent jurist. Owing to increa.sing ill health he resigned in Novem- ber, 1854. Returning to St. Louis he seldom appeared there- after in the Nisi courts, but occasionally in important causes before the higher courts of the State and Nation. 4 MISSOURI HISTORICAL REVIEW. By his good business sense and the income from his pro- fession he accumulated a considerable fortune, suiBcient to enable him to seek rest from the hard life of the lawyer, and to give attention to his impaired health. In order to find that surcease, and with a view to the supervision of the educa- tion of his children he took up a temporary residence near Norristown, Pennsylvania; where he pursued his reading of the best literature, and the study of the history and science of government and political economy. He was not a politician, in the ordinary sense of the term. But he was an observant student of the ebb and flow of the tides of State and National affairs, the undercurrents and trend of public opinion. Few men possessed more familiarity with the historj^ of the coun- try in its passage through the Colonial epoch into the forma- tion of the federal Union. He knew the phases and import of every article and section of the federal Constitution. He was familiar with the interpretations and apj)lications given it by the Supreme Court of the United States, and the rationale of every decision touching its meaning and operation. He went deep into the science and philosophy of our form of gov- ernment, State and National. So that when the great crisis of the impending civil war came, which was to test the capacity of the Constitution in peace and war, and to solve the problem of the dependence of the federal Union on the will of each of the States to the federation, naturally enough his constituency at home, representing the vital interests of the comm<-rciaI metropolis of the Mississippi valley, turned to the Sage in re- tirement at Norristown, and appealed to him to represent them in the Convention called by the state legislature to convene at the Capital on February 28th, 1861, to consider the relations of the State to the Federal Union . "While a sense of duty to himself and his family made desirable his restful, quiet life in a distant peaceful State, he, doubtless, recalled the sentiment of the Old Roman patriot : necesse est ut earn non ut vivam, and he heeded that call, receiving the almost unanimous vote o.^" his Senatorial District. In some respects that convention was the most remarkable HAMILTON BROWN GAMBLE. 5 body of men that ever assembled in tlie State. With ft-w ex- ceptions, they were not of the class usually found in legisla- ture, or popular assemblages. They were grave, thoughtful, discreet, educated men, profoundly impressed with the great responsibilities of their position. Among them were ex- Judges of the Supreme Court, ex-Governors, ex-Congre^smen, ex-State Senators and Representatives, leading lawyers, farm- ers, merchants, bankers, and retired business men, represent- ing the varied, vital interests of the communities. No im- partial, intelligent man can look over the debates of that body, extending over two years and more, without being deeply im- pressed with the idea of their tremendous intellectual power and sense of moral, patriotic obligation. True it is, that there were to be seen and heard among them the siren voice of the politician of low degree, "big with vacuity" — self seeking partisans. But I recall the visable effect of Judge Gamble's rebuke, when under provocation from a noisome, inveterate talker, he said : "What should be the object of each one of us? Is it to represent a party connected with the adminis- tration of the Federal Government, or opposed to it? Is it for the purpose of representing any of the defunct political parties that have passed from the stage of action? We have nothing to do with them. We came here and are to act with reference to no question that concerns them or their past history, their future resus- citation or domination in this State, We are to act for the people of the State of Missouri in reference to their interest, their honor, in reference to the perpetua- tion of the blessings we have so long enjoyed, — as long as we have trod the soil of Missouri, If, Sir, there be a feeling that one is to obtain a triumph over the other, certainly the only triumph now worthy of attainment, is that of being found more faithful than others ia dis- charge of duties devolving upon us." (1) 1. Proceedings of the Missouri State Convention held at Jeffer- son City, July, 1861, p, 73, 6 MISSOURI HISTORICAL REVIEW. There were some great speeches made before that Coaven- tion, dealing with the character of the federal Union, the rela- tions of the respective States thereto, and the lawful rijht of one of them without the consent of others to withdraw, ad libitum, from the Union. Judge Gamble never made a set speech. He disliked mere meretricious display, in which self is never lost sight of. He was, indeed, what Rufus Choate termed a thing most rare, "a reasonable, modest, learned man . " He was not an orator, in the popular sense . His (loquence was that masterful logic, deep, sincere earnestness, that overwhelms sophistry and convinces intelligent judg- ment. No art of the adversary could deflect him from the ob- jective point under consideration. He stuck with pertinaceous energy to the facts and law that controlled, and struck hard at the gnarled knots in the way. There was one position, especially taken by Judge Gamble and Willard P. Hall, respecting the action to be declared by the Convention at its first session, which profoundly impressed all. It could not be better expressed than in the succinct summary of Hall's remarks on the occasion of taking the oath of office as Lieutenant Governor: "I believe, gentlemen, that to Missouri Union is peace and disunion is war. I believe that today Mis- souri could be as peaceful as Illinois, if her citizens had recognized their obligations to the Constitution and laws of their country. Whatever might be said by citi- zens of other States, certainly Missouri has no i-ight to complain of the General Government. I believe it to be a fact that there is no law of a general character upon your statutes that has been enacted since Missouri came into the Union, but has received the vote ana sup- port of the representatives of the State. "Whatever we have asked from the government of the Unite! States has been given to us most cheerfully. We asked a liberal land policy and we got it ; we asked grants for our railroads and we got them ; we asked for a fugitive HAMILTON BROWN GAMBL3. 7 slave law and it was given to us; we asked that our peculiar views in reference to the finances of the coun- try should be regarded, and even that was granted . In short, if the people of this State had the whole control of the Federal Government, if there had been but one State in the Union, the very policy which has been adopted by the General Government would have been adopted as best calculated to advance the interests of the 'State. * * * Notwithstanding the denuncia- tions we sometimes hear against the Government of the United States and the assaults made upon it, I am free to admit, that when I reflect upon the history of this State, when I remember its humble origin, — upon the proud and exalted position it occupied but a few months ago, my affections do cluster around the government of my country. As a Missourian I desire no change in the political relations that exist between this State and the Government of the United States; and least of all, do I desire such a change as will throw her into the arms of those who have proved unfaithful to the high trust imposed upon them by a generous and confiding people." (2) When the convention disappointed the expectations of the authors of the legislative act calling it, by declining to pass an ordinance of secession, Governor Claib Jackson, as was then more than suspected and believed by well informed men, busied himself covertly with preparations to have his Legis- lature pass such an ordinance, and to be prepared v/iih a military force to enforce its recognition. The developments of history, disclosed since the war, fully confirm that belief. When Frank Blair brought about the contretemps of the Camp Jackson maneuver, the Governor captured the President of the Convention, General Sterling Price, by making him com- mander of the Militia of the State ; and with him and a ma- 2. Proceedings of tbe Missouri State Convention held at Jeffer- son City, July, 1861, p. 136. 8 MISSOURI HISTORICAL REVIEW. jority of the Legislature and the heads of the executive de- partments, carrying off the great seal of the State, assembled at Neosho, and went through the form of passing an act of secession. Disbanding, the Governor and staff, with the Lieu- tenant Governor, with the seal of the State, went outside of the State, within the military lines under the flag of the Southern Confederacj', proclaiming that they were a part of the Confederacy. They could not return to the capital of Missouri without the risk of being arrested for treason. The result was that the Convention, in session at the eapitol found itself confronted with a most anomalous situation. The State treasury was depleted, and the Convention was left without the means of defraying its own expenses. There was no military force to protect the State in the condition of ex- posure to anarchy. The State was under martial law ; and a German military commandant, with but crude ideas of civil government, was dominant at the State capital. Under the recent census the State was entitled to two additional repre- sentatives in the Congress of the United States, demanding a new apportionment of the Congressional districts, or a legis- lative enactment providing for the manner of securing siieh additional representation. The Legislature had disbanded without making any provision therefor. What was the duty of the membei's of the Convention in such a conjuncture to the people of the State who had sent them to the capital to represent them? Were they to display the moral cowardice of those "who do not care what becomes of the Ship of State, so that the\' may save themselves in the cockboat of their own fortune," or should they first save the State, and leave their action to the sober judgment of pos- terity? They chose the latter course. Naturally enough the few favoring secession or nothing, and others in sympathy with the absent State officials, desir- ing that nothing should be done conflicting with the mere theory of their ofiSeial existence, vigorously opposed any ac- tion of the Convention other than an adjournment sine die. The opposition was led principally, in so far as talking was HA.MILTON BROWN GAMBLIC. 9 concerned, by Uriel Wright of St. Louis, who had come to the Convention as an unconditional Unionist; and at its first ses- sion had made a three days' speech in opposition to the whole theory of secession, minimizing the grievances of the seceding States, with a force of eloquence that enthused, beyond de- scription, the entire Convention, including the presiding of- ficer. General Price, who while with dignity seeking to repress the applause of the galleries, said to me on adjournmeiit, in walking to the old Planter's House where we boarded: ''That speech was so fine I too felt like applauding." But alas, for the infirmaty of great geniuses, Wright was carried off of his high pedestal by the small incident of the Camp Jackson af- fair, and came to the July session of the Convention anxious to display the usual zeal of the new convert. So he turned loose the whole vocabulary of his invective against everything aud everybody pro-Union. To my conception he was the most brilliant orator of the State, with a vast wealth of historical, political and literary information. Like a very tragedian he bestrode the platform, and with the harmony of accent and emphasis he charmed like a siren. But he was unsteady in judgment, unstable in conviction and inconsistent of purpose. And, therefore, was wanting in that moral force that holds and leads thoughtful men. His rhetoric went into thin air before the severe logic and more sincere eloquence of such men as Judge Gamble, the two brothers, William A. and Wil- lard P. Hall, John B. Henderson and James 0. Broadhead. The arguments advanced in favor of the power o'' the Convention to establish a Provisional government to meet the emergency may be summarized as follows: The Convention called for by the Legislature was elected by popular vote of the people. Under our form of representative government when such delegates met they were as the whole people of the State assembled. Insofaras concerned the domestic, local affairs and policy of the State, the people were all powerful to make and unmake, bind and unbind, so long as they main- tained a government Republican in form, and not in conflict with the Federal constitution. The only recognizable limita- 10 MISSOURI HISTORICAL REVIEW. tion upon its power was to be found in the terms of the leg- islative enactment calling it. In anticipation and expectation of the framers of the act, that an Ordinance of secession would be adopted, they sought to invest the Convention with most plenary powers, in order to meet the requirements of the new, extraordinary conditions likely to arise, both from without and within the State. Ac- cordingly the Convention was authorized not only to take consideration of the existing relations between the goveriiment of the United States and the governments and people of the different States, but also "the government and people of the State of Missouri, and to adopt such measures for vindicating the sovereignty of the State, and the protection of its institu- tions as shall appear to them to be demanded." So that the Convention during its deliberations found civil government in the State paralyzed, without a head, society unprotected by the arm of the State, disorder and confusion fast spreading over it like a pall of anarchy. It was the deliberate judgment of the great majority that it was neither extra-constitutional, usurpatory, nor without the recognized law of public neces- sity, that it should provide a Provisional Government, ad interim. The first step in this work of conservation was to provide for an executive head. And no higher evidence of the conser- vative impulses of the Convention could be furnishel than the fact of its designation of Hamilton R. Gamble as Governor and Willard P. Hall as Lieutenant Governor. Where could have been found two wiser, safer, more prudent, unselfish men? Their very names were a rainbow of promise to the soreh' vexed and perplexed people of the State. With uririring energy, consummate ability and unfaltering courage Governor Gamble set his face and all the aids he could command to the work of restoring order, lawful process, and peace within the borders of the commonwealth. That in that endeavor and purpose he and his coadjutors should have encountered opposition and criticism from the very element he so earnestly strove to protect excited wonder HAMILTON BROWN GAMBLE. 11 among thoughtful, good citizens at the time; and in the light of experience it now seems anomalous. There were two ex- tremes in the State. One was the impracticable theorists, who rather than accept deliverence from any source other than the Claib Jackson defunct government, would accept anarchy. The other was the inflamed Radicals, who pref3rred the substitution of military for civil government, so long as under its bloody reign they could make reprisals and reek personal spites upon an unarmed class who had incurred their dislike. In other words, they preferred a condition of disor- der and confusion as more favorable to rapine, plunder and persecution. The very determined policy of the Gamble ad- ministration to extend protection to noncombatants, to life, liberty and property, was made the slogan of the rapidly re- cruiting forces of radicalism that "the Gamble Government" was but another name for Southern Sympathy. This feeling was ingeniously communicated to the Secretary of War, Stanton, whose motto seemed to be aut Caesar aut Nihil. Between the two factions, the one denying on every occa- sion the lawful authority of his administration, and, therefore, yielding him not even needed moral support, and the other demanding non-interference with predatory warfare and re- prisals on "Rebel Sympathizers," to say nothing of the machi- nations of ambitious politicians, his soul was sorely vexed and tried. But with a fortitude as sublime as his moral courage he never hesitated nor halted in waging, with all the force and resources at his command, an uncompromising war on outlawry, no matter under what guise it masqueraded or under what banner it despoiled. He believed in liberty with law and government without unnecessary oppression. Criticism was made by some of the action of the Conven- tion in taking upon itself the exercise of the legislative func- tion, in repealing some enactments of the Jackson Legislature, and in declaring some new statutory provisions. On its face the criticism seemed plausible, inasmuch as it could not be said that it was in the contemplation of the Jackson Legisla- ture that the Convention would undo its legislation, and that 12 MISSOURI HISTORICAL REVIEW. the power to legislate was not expressed, ipsissime verbis, in the call. The answer to which was and is that the grant of power to do certain things carries with it by implication all the reasonable agencies and instrumentalities for effectuating the exercise of it. So when the Convention was authorized by the creative act to adopt such measures as to it seemed demanded to vindicate the sovereignty of the State and afford protection to its people, the Con- vention when it met, clothed with the functions of the whole people under so broad provisions, was empowered to put out of the way obstructive acts and to substitute such as were deemed essential to accomplish the great objects it was commissioned to compass. This the Convention did, pro- visionally, until such time as the people could in the custom- ary manner hold elections and elect a legislative body; which the Convention authorized and encouraged. The State was without representation in the Senate at "Washington. The two Senators theretofore elected by the Legislature, Truston Polk of St. Louis and Waldo P. Johnson of Osceola, when the war began, seceded to take sides with the Confederacy. Governor Gamble designated for one of the vacancies Robert Wilson, of Andrew County, who was a mem- ber of the Convention, in whom he recognized such sterling qualities of mind and staunch patriotism as to make him a safe depository of such a trust in such a crisis. In the tem- porary absence from the State of Governor Gamble, Ijieuten- ant Governor Hall designated John B. Henderson, another distinguished member of the Convention, to fill the other va- cant seat in the Senate. His career in the Senate vindicated the wisdom of the appointment. Oppressed with the heavy burdens of such an ofBce, under such conditions, and weakened physically with increasing ill health. Governor Gamble tendered his resignation to the Con- vention in 1863, and begged that it be accepted. But so pro- foundly impressed was the Convention with the supreme im- portance to the welfare of the State that he should continue his great work, it implored him to withdraw the resignation. HAMILTON BROWN GAMBLE. 13 I can yet see his palid face, furrowed with the ravages of care and disease, his hair like burnished silver, his eyes aglow with the fire of martyrdom, his voice so mellow, yet perfectly modulated, as he stood before the Convention and said: "Tour will be done not mine." With the harness chafing and bearing bard upon his wasting frame he went on to his death, January 31st, 1864, lamented and honored at his funeral as I have never before or since witnessed in this State. That the Convention which called into existence the Pro- visional Government committed mistakes, in the way of ex- ercise of power in certain directions, in the light which time throws upon the actions of men, may be conceded. Buc, as was well said by a great jurist : ' ' No argument can be drawn from the wisdom that comes after the fact." As applied to little profit as a future guide, as the occasion for its use will never arise again, we trust. The fact, however, remains that the Convention kept the State firmly lashed to her constitutional moorings in the Union ; that the Provisional Government sought, with large measure of si;ecess, to give the people civil in lieu of military government, the reign of law for lawlessness, order for dis- order. It opened the courts of justice, and gave the people the process of law, in place of the Praetorian guard. It col- lected and husbanded the State and county revenues: and maintained the sovereignty of the State and its harnun'ous relation to the general civil government by providing for its representation in the United States Senate and House of Representatives. As the commander of one of the ten Regiments Governor Gamble induced President Lincoln to organize in the State, as arm of the Union army, I was frequently brought into of- ficial relations with him. I bear testimony that he was one of the purest minded, most unselfish and wisest of men, a sincere patriot and Christian gentleman. There are now only four survivors of that memorable Convention : General John B. Henderson, Judge Elijah Nor- ton, Colonel William T. Leper and myself. 14 MISSOURI HISTORICAL REVIEW. When the reins of government fell from the nerveless hands of Governor Gamble they were taken up by Lieutenant Governor Hall, than whom no safer man lived. He was a great lawyer, familiar with the conditions and needs of the State, and possessed the ability to provide for and the courage to demand them. How blessed the Commonwealth, to have had the serv'ees of sueh Magistrates; and how the people should cherish their memory ! JNO. F. PHILIPS. Kansas City, Mo. \ LIBRARY OF CONGRESS 002 554 591 5