^y^ ^^ J^^ii/i^if'^e^ y?- fy^ U^^fi /y^ ^^A^^^^ ^^-7^ /€Ic/:^m\ E 340 .R9 R5 Copy 1 ^/ RICHARD RUSH, O F PENNSYLVANIA. Reprinted from the Democratic Review, for April, 1840, No. XXVIII. — "Political Portraits with Pen and Pencil, No. xvm " KEW YORK: PRINTED BY WILLIAM H. COLYER, NO. 5 HAGUE STREET. 1840. J. I, Pease, sc z^u^^ '^ RICHARD RUSH, O F PENNSYLVANIA. Reprinted from the Democratic Review, for April, 1840, No. xxviii. — " Political Portraits with Pen and Pencil, No. xviii " V VI ^ NEW YORK : PRINTED BY WILLIAM H. OOLYER, no. 5 HAGUE STREET. 1840. Tfc|l?5 RICHARD RUSH, OF PENNSYLVANIA • Among those who in after times will hold a distinguished place in the list of American Statesmen, when their lives and characters, both public and private, shall be viewed through the impartiality of historic light, most assuredly will be found the subject of the following sketch. If talents of the highest order — an education the most liberal — laborious study — a judgment matured by profound thought — if a long life of de- votion to his country in connexion with some of her most important civic services — if political wisdom drawn from the best and purest sources, and a political integrity never questioned — if the most marked evidence by his fellow-countrymen of their just appreciation of his merits — if such grounds can create an undeniable title to a national name, it will be awarded to Mr. Rush. \RicHARD Rush is the second son of the celebrated Dr. Benjamin Rush of Pennsylvania: To have been brought up by his father, is to be well educated ; for his communicative temper and habits made him a preceptor, continually imparting to those around him the patriotism, philanthrophy, morals, learning, manners, industry, and emulation, of which he was an example as well as teacher, who left the world re- plenished with his principles and pupils. Richard Rush was born in Philadelphia, in August, 1780, and is now therefore tifty-nine years old, enjoying a degree of bodily as well as mental activity and health un- usual at that period. After having been at the usual preparatory schools, "he was entered in the college at Princeton, at the age of fourteen, at which institution his father, and his maternal grandfather, Richard Stockton of New Jersey, had both been educated, both of whom were Signers of the Declaration of Independence. \ During his college life he lived in part at the house of his grandmother, Mrs. Stockton, then living in Princeton, known in her day for her literary * Reprinted from the Democratic Review, for April, 1840, No. XXVIII. — " Political Portraits with Pen and Pencil, No. XVIII." 4 RICHARDRUSH, attainments, and who wrote those patriotic stanzas beginning 'Wel- come, Mighty Chief, once more !' sung by young ladies of Trenton when strewing flowers before General Washington at the triumphal arch in that town in '89 — stanzas that Marshall has made in some measure historic by giving them a place in his account of Washington's memo- rable journey from Mount Vernon on going on to New York to be in- stalled as President. At college, though but little addicted to hard study, he was fond of debate and public speaking, for which intellectual exercises he early exhibited the germs of future excellence. >|He took his degree in the autumn of 1797 — ^being the youngest in a class of thirty-three. \ Imme- dijftely upon his graduation, he commenced the study of the law in the office of William Lewis, Esq., then one of the leaders of the Phila- delphia Bar. \ The year following the whole country was in a state of martial ex- citement, under the wrongs and insults of France. The youth of the country poured in their addresses to the President, Mr. Adams, with a tender of their services in case of war ; and young Rush, then seven- teen years of age, did not hold back from the general feeling, though he was not of " MacPherson's Blues." This fervor of the country did not last long, neither invasion nor war having followed, except partial hostilities with France upon the ocean, where, as usual, our flag was triumphant. /Towards the latter part of his time with Mr. Lewis, he gave himself up to close study, and was admitted to the bar in December, 1800, when but little over twenty. His habits were at this period formed to laborious self-discipline and culture. During the six or seven years that followed, being still a member of his father's family, and having little practice in his profession, he did not cease liis devo- tion to study, making the night "joint laborer with the day," and, al- though of a robust and strong constitution, endangering his health by the intensity of his application. The law, liistory, ancient and modern literature, government, the orators, the poets — these were the fields into which he went, reading the best authors. He formed at this time that intellectual habit so effective in the acquisition and retention of knowledge, and so beneficial to the mind itself, of digesting by reffec- tion all that he read, i Every volume received the full power of his attention ; important facts or thoughts were recalled, and entered in his own language in common-place books, and a short criticism and opinion passed upon many of them when finished. / por, among the other studies which engrossed at this period the industrious energies of his mind, was that of politics forgotten, although he took no active OFPENNSYI, VANIA. 5 part in«them at this period of liis life. If his personal and professional associates were the Federalists of Philadelphia, he had deeply im- bibed from his father, in early life, the republican principles of Mr. Jefferson and Mr. Madison. The former, in the beautiful letter, pub- lished among his works, that he wrote on religion to Dr. Rush in 1803, begins by saying : " In some of my delightful conversations with you in the evenings of 1798 — '99 (the black cockade days*), and which served as an antiflote to the afflictions of the crisis through which our country was then laboring, the Christain religion was our topic." It was from such fountains the son took in political principles which throughout a life now not short have emphatically governed him. The first political meeting which he ever attended was one held in the State House Yard in Philadelphia, in 1807, on the occasion of the attack by the British on oiu: frigate Chesapeake. He had up to this time been known only as an ambitious and extremely studious young member of the bar. He made an animated and vigorous speech on the subject of the wrongs we had received from England generally, and on this last outrage in particular, which was received with the warmest applause, and introduced him most favorably to the Repub- lican party. Hitherto known but little as a public speaker, he was now looked upon as destined to eminence in this field. The year fol- lowing brought him for the first time into professional notice, fin 1808, in a speech that occupied the principal part of the day, he de- fended the Editor of the Aurora, Colonel Duane, who was prosecuted by the Commonwealth for a libel upon Governor McKean. This speech endeared him very much to his democratic fellow-citizens. There was a soundness in its political doctrines, and an eloquent fear- lessness in its whole character, that seemed to entrench him at once in their warm affections. As an incident illustrative of the effect pro- duced upon the friends of Colonel Duane by Mr. Rush's powerful ap- peal for his client, it may be stated, that one of the oldest democrats, ♦ During the black cockade days, Cobbett, then the great leader of the Federal press in the United States, under the name of ' Peter Porcupine,' put Dr. Rush on his proscriptive list with Mr. Jeflerson, avowedly on the ground of his republican principles. The latter he used to call "Tom the Devil ;" the former he alternate- ly ridiculed as a quack and denounced as a murderer. Such was the treatment that our most illustrious citizens received at the hands of this British renegado and Federal favorite in the days of Federal supremacy. Dr. Rush, in a beautiful eulo- gium pronounced on Mr. Rittenhouse, had e.xpatiated on his republican principles ; which when Cobbett read, he exclaimed, " Fll mark himfor that," and the venom of his press was accordingly poured without measure upon him. 6 RICHARORUSH, who heard it, embraced him when he concluded, and took hiA up in his arms, while loud plaudits were heard throughout the court room. After this speech business at the bar poured in upon him rapidly. In this connexion he has often spoken, and always in terms of grateful acknowledgment, of the early professional friendship he received from the present Judge Hopkinson of Philadelphia, in all ways in which it could be cordially afforded to a young tyro at the bar./ . At the succeeding Congressional election, that patriarch of the demo- cratic party in those days, and friend of Mr. Jefferson, Thomas Leiper,* together with Col. Duane and Dr. Lieb called on Mr. Rush and asked him to allow his name to be placed among the candidates for Congress ; but he declined, being at that epoch intent upon his profession. But he continued to receive ever afterwards manifestations of marked attachment and confidence from these and other champions of the demo- cratic cause. } Colonel Duane was unbounded in his thankfulness for his defence of him, and sent him a large fee — which was declined, Mr. Rush considering him as a persecuted man. \ Public bodies in Phi- ladelphia, composed of democrats, now spontaneously made him their counsel and solicitor, as the Board of Health, the Guardians of the Poor, and other democratic functionaries, of the Northern Liberties.] / In January, 1811, Governor Snyder appointed him Attorney Gene- ral of Pennsylvania. His practice was now increasing daily. In the spring of this year a misunderstanding between Mr. BroAvn and himself (Peter A. Brown, Esq., of the Philadelphia Bar) led to a duel. Neither party received any injury, and it is to the credit of both, that the event did not interrupt the courtesy of their subsequent intercourse. As Attorney General, he was necessarily brought into much inter- course and correspondence with Governor Snyder and his associates in the State administration, then consisting of the powerful democrats of the State of that era, viz. : Mr Findlay, afterwards Governor of the State, now Treasurer of the Mint ; General Porter, father of the pre- sent Governor ; Mr. Boileau, Mr. Bryant, and Mr. Cochrane — the esteem and confidence of all whom, as well as of the members of the Legislature whom he used to see in his visits on business to the seat of the State government, he gained in a high degree. J At this point of time, and a little earlier, national politics had grown *Mr. Jefferson was heard to say, that the tables of Dr. Rush, Major Butler, of South Carolina, and Mr. Leiper, were the only ones in Philadelphia to which he was ever invited during those days of Federal persecution ; and that the Federalists used to cross the streets to avoid him, OF PENNSYLVANIA. to be of intense interest. The state of our relations with both Eng-- land and France, the multiplied wrongs wc had received from both, and the peculiar aggravation and malignity of those from England, as they included impressment and the killing of our citizens with her cannon off our shores, rendered a war with one or the other country almost inevitable. fHome questions of a highly exciting nature also existed, and were of daily discussion in the press; among others, that of renewing the charter of the old Bank of the United States. The files of the Aurora, of which Col. Duane was still Editor, con- tain Mr. Rush's contributions on this subject against the renewal of the charter, on Mr. Madison's original ground of its unconstitution- ality. His father, though never in active politics, nor at all a party man, after the Revolutionary struggle ended, was nevertheless always opposed in his opinions to the banking and paper systems, and corres- ponded with Mr. Madison on the funding system ; in the strong con- demnation of which he joined. The son had been deeply indoctri- nated in the same opinions. Hence his opposition to the recharter of the late Bank of the United States is in imison with his early con- victionsjl as has been the case with thousands, owing to the usurpa- tions of the late bank ; for these usurpations all honorable and cor- rect merchants, like the Presidents of the first Bank of the United States, old Thomas Willing of Philadelphia, and David Lenox, though of the Federal party, would have joined in condemning, as having sprung from a reckless school of foul and unwarrantable speculation, not from any of their maxims of banking. Thomas Willing would have gone to the rack before he would have issued as currency the notes of a defunct bank, and have brought downupon himself a penal statute from Congress. |In November, 1811, on the appointment of the late Judge Duval to the bench of the Supreme Court of the United States, Mr. Madi- son, then President, immediately nominated Mr. Rush to the office of Comptroller of the Treasury, which Judge Duval had vacated. This appointment was entirely unexpected by him, as it had been unsought ; but it seems to have been peculiarly acceptable to the democratic party of his State, whose favor and confidence he universally enjoyed, to an extent never surpassed perhaps by any one at his age. He de- cUned accepting this appointment at first, but wrote to the Secretary of State, on receiving the commission, asking time to deliberate. [He did not accept it until he had ascertained from that source, that its duties would raise no official impediment to the occasional exercise of his profession in the Supreme Court at Washington, should he in- 8 niCHARDRUStt, clinc to do so. The ensuing January he removed with his family, having married a southern lady, to Washington. The friendship between his father and Mr. Madison was a good passport to the kind dispositions of the latter towards him on his first arrival in Washington ; and it was his good fortune to gain the esteem and friendship of that great and good man, and to have been honored with Iris confidence ever afterwards. jThe war having been declared against England in June, 1812, Mr. Rush was selected to deliver a public oration in Washington on the 4th of July immediately following. The occasion was a marked one, and the auditory not less so, consisting of the President, Heads of Department, nearly all the members of both Houses of Congress, besides citizens and strangers — the foreign ministers among the lat- ter. It was delivered in the Hall of the House of Representatives, and made a large addition to his rising reputation. J It has been pre- served among the repositories of American eloquence ; and no more need here be said of it than barely to remark, that in portraying the causes of the war, in order to prove that it was both just and neces- sary, the views which he gave of the question of impressment show- ed a perfect knowledge of that whole subject, and have left on record an ejcposition of 'it, whether as to argument or rhetoric, force or fire, not easy to have been surpassed on such an occasion ; parts of which hare passed into the national classicality of our school-books as mo- dels of patriotic eloquence. JAs the contest proceeded, few persons in the country did more towards causing its true nature to be rightly understood. His mind and pen were always active and ardent in ex- plaining and upholding the cause of his country ; in exhortation and encouragement under the incessant attacks of the Federalists upon the Administration ; the effects of whose opposition undoubtedly were to strengthen the hands of the public enemy. The columns of the National Intelhgencer, then the great Democratic paper of the Go- vernment and nation, and the Democratic press of Philadelphia, were the influential channels through which his patriotic productions chief- ly reached the public ; the latter paper, conducted by his zealous friend Colonel Binns, having first given circulation to his communi- cations under the signature of" John Dickinson " — the same signature that he adopted while explaining at a later day, in the Globe, the po- licy of General Jackson in regard to the French treaty of indemnity. In the session of 1813 his early friend Mr. C. J. Ingersoll, then in the House of Representatives, was his guest in Washington ; and their efforts were united, as they have been since, in the cause of their OF PENNSYLVANIA. country, the former being at that time her zealous and eloquent cham- pion in Congress. In the summer of 1814, when the war was as- suming its greatest fury, and Federal Opposition proportionably aug- menting its own, Mr. Rush addressed a letter to the Mayor of Phila- delphia, apprising him of Admiral Cochrane's hostile intentions along our shores, before his incendiary proclamations were made public ; for which letter he received torrents of Federal abuse. ■ A few weeks afterwards Washington was sacked, its edifices, dedicated to the peaceful arts, and to legislation, burnt, Baltimore approached, and Philadelphia threatened. /in Febniary, 1814, the posts of Secretary of the Treasury and Attorney General being vacant, the former by the resignation of Mr. Pinckney, the latter by Mr. Gallatin having overstaid the time it was kept open for him while engaged in negotiations for peace abroad, Mr. Madison placed either post at Mr. Rush's disposal, leaving the decision with himself. He was then thirty-three years of age. He went into the latter, and thus, as a member of the Cabinet, became associated with the President in his official, as he had already pos- sessed his personal, confidence.]/ His habits of investigation and study, especially in the field of public law, had laid the best foundation for a knowledge of the high duties of this important station. For their discharge he was accordingly always found ready ; and by re- siding in Washino^n, and ceasing to practice in other courts, he was always at hand.) /One of his early acts was a letter to the District Attorney of Massachusetts on the subject of our citizens holding inter- course with the enemy by going on board of their ships within our waters or off the coasts ; in the course of which, with the lights of a mind imbued with the principles applicable to the belligerent and neutral state of nations, and cognizant of the political obligations of the citizen, he discriminated the cases of lawful and unlawful inter- course with the enemy, j This letter was published in the National Intelligencer and elsewhere, and had its effect in helping to dissemi- nate correct views on a subject so important ; and jthe general sound- ness of the opinions he gave to the different departments of the Government, in all the variety and complication of its service in a state of war, and the changing face of things on a return to peace, has never been called in question.! (It may be added, that with the exception of one of the terms oTthe Supreme Court, when he was prostrated by a dangerous illness, during which he was consoled by a daily visit at his bed-side from Mr. Madison for nearly four weeks, he was never found wanting in the prompt and efficient performance 2 10 RICHARDRUSH, of his duty before that high and imposing tribunal, being always ready to proceed with the causes of the United States as they were called on for argument. j/\Vhile a member of the Cabinet, he kept a minute, as long the war lasted, of what passed at every Cabinet meeting, and did the same of events from the first breaking out of the war ; noting down from time to time his conversations with Mr. Madison when carrying with them a public interest. Nor must the fact be omitted, that as a cabinet councillor, though youngest in the body, he was the strenuous and unshaken advocate for the most vigorous war measures ati^ainst the enemy, which the Federalists, at every stage of the war, were endeavoring to paralyze and check ; not only by their rancor- ous opposition to Mr. Madison, whom at last they were for sending to Elba with Bonaparte, but by constantly holding out delusive expecta- tions of peace — declaring always that the British desired it, but that our Administration did not. In proportion to the zeal with which Mr. Rush was known to oppose these and similar unpatriotic and false allegations, did he draw dov/n Federal hostility, and become an object of its unsparing attacks.j fvl'^hile Attorney General, an Act of Congress devolved upon him, in conjunction with the Secretary of State, then Mr. Monroe, the duty of prescribing the plan and manner in which a new edition of the laws of the United States should be published. As the first law officer of the Government, the execution of this duty was chiefly assumed by Mr. Rush. He submitted his plan, which was a comprehensive one, to the Secretary of State, by whom it was approved in all its parts. It directed for the first time 'the republication at large of all repealed or expired laws and treaties, in order that the progress and history of our whole system of federal legislation, as well as of our international relations, might be traced by easy reference to every law or treaty that had ever had existence in our code. It directed the examination of the journals of the old Congress during the Confederation, with a view to the republication in full of all such acts or ordinances as affected the territorial domahi of the States or Union ; or as might serve to connect, by a short chronological series, the early oflicial acts of the Revolutionary Government, or those of the Confederation between '83 and '89, with the formation of the present Constitution of the United States. The whole work was superintended by Mr. Rush with the greatest care, and forms the edition of 1815 in five volumes.] The first volume, which comprises the documents last described, con- tains a body of ancient and fundamental law belonging to our Federal and Slate systems of government, than which no other of the same com- OFPENNSYLVANIA. H pass is more valuable at the present day to the student of our political history and to the jurist ; and none is more authentic, since every document v^fas invariably collated with the original roll deposited in the Department of State, where the original roll existed. His plan is published at the commencement of the edition, and may be consulted with advantage by any one desirous of embodying in the best forms the statutory code of any of our States, as it has formed the model for that of the Union. (On Mr. Monroe's installation in the Presidency, in March, 1817, he appointed Mr. Adams Secretary of State, recalling him from the Lon- don mission where he then was. Until he could arrive in the United States, Mr. Rush was commissioned by the President to act as Secre- tary of States'/This appointment being temporary, only a partial share of its duties devolved upon him. He corresponded with the Spanish Minister, Mr. Onis, on our relations with Spain ; held interviews with the Abbe Correa, Minister from Portugal — but still better known as the venerable sage and philosopher of Portugal, and friend of Mr. JefTerson — on our relations with that country produced by the revolu- tion in Pernambuco ; and concluded an arrangement with the British Minister, Mr. Bagot, by which it was stipulated that Great Britain and the United States should reciprocally dismantle their naval forces upon the northern lakes, limiting it to one vessel on each of the lakes, of not more than one hundred tons burden, and armed with only one eighteen pound cannon, j This was the principal diplomatic business which added itself to the ordinary routine of the home business of the Department during the season he was connected with it. But he has often spoken of it as one that afforded him a rich treat by the oppor- tunities it opened to him of reading, in the original, the correspondence of our early and illustrious diplomatic men — Franklin, the elder Adams, Jefferson, Jay, and others of Revolutionary fame. The volumes con- tainino^ it were sent to his house after office hours, and he was enabled to revel in these pages of political wisdom, sagacity, and knowledge, from men whose names may be said to mark an era in diplomatic history, and the treasures of whose minds are generally conveyed in a style of such classic purity. Mr. Adams arrived in the United States towards the latter end of the summer, and soon afterwards en- tered upon the duties of the Department, of which Mr. Rush had been the incumbent for six months. [The contest for Governor between Mr. Findlay and Mr. Heister comincr on at about this time in Pennsvlvania, Mr. Rush's devotion to the interests and prosperity of his State would not allow him to be a 12 R I C H A R D R U S H , mere spectator of it althougli residing in Washington. He took an active part in the election with his pen, exerting his utmost zeal in favor of the Democratic candidate, Mr. Findlay, who was taken up as the successor of Governor Snyder — that pure patriot and wise Chief Magistrate, so long the favorite and boast of Pennsylvania. One of his pieces that appeared in the Democratic press was republished in Philadelpliia in the pamphlet form, and circulated throughout the State with acknowledged advantage. He had the satisfaction to witness the success of his friend and candidate, Mr. Findlay, in opposition to his Federal competitor. ] On the 31st of October, 1817, the President appointed Mr. Rush Envoy Extraordinary and Minister Plenipotentiary to the Court of Great Britain. It may be supposed that his previous pursuits and training had qualified him for this new station, which came to him as unsolicited as it was naturally gratifying at his time of life. It opened at that era of our affairs a wide and dignified sphere of public duty. The war with Great Britain over, it became an important object with our Government to settle a great number of questions remain- ing unadjusted with that nation, the discussion of which in time of peace might give better hope of useful results than had ever been accomplished anterior to the war, when practical wrongs were con- stantly producing an irritated state o1 feeling between the two coun- tries. To Mr. Rush were to be confided the high duties and negotia- tions to be entered upon in these hopes. Mr. Adams, with his happy command of resources for compliment, as of resources for everything, perceiving that while temporarily in the Department of State he had been aiming to make himself acquainted with our foreign affairs, jocosely remarked, before he took his departure for England, that he should have to treat him as Henry IV. did Sully when he sent him as ambassador to England — " make him write his own instruc- tions." With the ample and able ones of Mr. Adams, Mr. Rush em- barked with his family from Annapolis for London in November, 1817, in the Franklin seventy-four. Commodore Stewart. The incumbent of the London mission is at all times loaded with a crowded variety of business, direct and incidental ; and it would be in vain, in a limited sketch like this, to attempt an enumeration of a tithe of all that fell into Mr. Rush's hands while on this mission, during the prolonged term of more than seven years. His official correspondence, which maybe seen in some six or eight folios in the Department of State, attests that he was no idler. He wrote also largely to the President in the shape of private and informal letters, OFPENNSYLVANIA. 13 from the first year of his residence to the last, besides maintaining, under Mr. Adams's instructions, a regular correspondence with all our foreign ministers and diplomatic agents in Europe and on this conti- nent ; in order that in that great centre of political and commercial affairs where he was stationed, he might be constantly receiving and imparting information to bear usefully on the knowledge of our own foreign interests in all their broadest relations. The first regular negotiation upon which he entered with the British government was in August, 1818, in conjunction with Mr. Gallatin. The subjects brought into it were manifold — 1 . The slave question under the treaty of Ghent. 2. The Fisheries. 3. The North Western Boundary line, and Columbia River questions. 4. The renewal of the commercial convention of 1815. 5. The intercourse between the United States and British West India Islands, and that between the United States and their North American colonies, inland and by sea. 6. Impress- ment. 7. The law of blockade. 8. The colonial trade in tim.c of war. 9. The law of contraband, and various minor questions. After ample discussions, which continued until the 20th of October, the plenipotentiaries of the two nations agreed upon and signed on that day a treaty or convention, by which the following points, from among the above contested ones, were arranged : — 1. The Fisheries, securing to us the right to fish off certain coasts and islands of the British pos- sessions north of us, and within their bays and harbors ; whereby an imminent prospect of colUsion between the two countries was prevent- ed, the British contending that we had lost all our fishing rights under the old treaty of 1783 by the war of 1812 ; which we denied. 2. The boundary line from the Lake of the Woods. 3. An article effecting a temporary arrangement of claims beyond the Rocky Mountains and to the Columbia River. 4. A prolongation for ten years of the commer- cial convention then in existence between the t\vo countries. And 5. an article that laid the foundation, through an umpirage by the Emperor of Russia, of ind