Class L74-^ X ^^Ist^iSSm^^] HOUSE OF REPRESENTATIVES {°No"l030^ SAMUEL A. WITHERSPOON ( Late a Representative from Mississippi ) O 7 ^ MEMORIAL ADDRESSES DELIVERED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE UNITED STATES SIXTY-FOURTH CONGRESS FIRST SESSION Proceedings in the House Proceedings in the Senate March 5, 1916 March 25, 1916 PREPARED UNDER THE DIRECTION OF THE JOINT COMMITTEE ON PRINTING 1^ WASmNGTON 1917 0^ of D. MAR 2f 1917 TABLE OF CONTENTS Page Proceedings in the House 5 Prayer by Rev. Henry N. Couden, D. D 6 Memorial addresses by — Mr. William W. Venable, of Mississippi 9 Mr. Albert Estopinal, of Louisiana 16 Mr. Ezekiel S. Candler, jr., of Mississippi 18 Resolutions adopted by the Lauderdale County (Miss.) Bar Association 18 Address by Mr. E. H. Dial before the Lauder- dale County (Miss.) Bar Association, Dec. 11, 191.5 21 Mr. Lemuel P. Padgett, of Tennessee 31 Mr. Benjamin G. Humphreys, of Mississippi 36 Mr. Walter L. Hensley, of Missouri 39 Mr. Oscar Callaway, of Texas 44 Mr. Warren W. Bailey, of Pennsylvania 49 Mr. John R. Farr, of Pennsylvania 51 Mr. Clement Brumbaugh, of Ohio 53 Mr. Charles O. Lobeck, of Nebraska 56 Mr. Henry T. Rainey, of Illinois 58 Mr. James W. Collier, of Mississippi 60 Mr. Claude Kitchin, of North Carolina 65 Mr. Hubert D. Stephens, of Mississippi 69 Mr. Pat Harrison, of Mississippi 78 Mr. Thomas U. Sisson, of Mississippi 82 Mr. Percy E. Quin, of Mississippi 87 Mr. Frank Buchanan, of Illinois 91 Proceedings in the Senate. 93 Memorial addresses by — Mr. James K. Vardaman, of Mississippi 95 Mr. Ellison D. Smith, of South Carolinii ' 105 Mr. Charles S. Thomas, of Colorado 108 Mr. Robert F. Broussard, of Louisiana 111 Mr. Miles Poindexter, of Washington 116 Mr. Joseph T. Robinson, of Arkansas 119 Mr. John Sharp W'illiams, of Mississippi 123 [3] Hon. Sa3^ii.tel A.Witherspoon DEATH OF HON. SAMUEL A. WITHERSPOON Proceedings in the House of Representatives Monday, December 6, 1915. Mr. Candler of Mississippi. Mr. Speaker, it is with sin- cere and genuine sadness, fully sliared in by all of the delegation from Mississippi, that I announce to you and to the House of Representatives the death of my friend and colleague, Hon. Samuel Andrew Witherspoon, Rep- resentative from the fifth district of Mississippi, which sad event occurred at his home in Meridian, Miss., at 6 o'clock p. m., November 24 last. Mr. Witherspoon was a cultured Christian gentleman, a manly man, a hard student, who solved great questions, and with efficiency and faithfulness discharged every duty devolving upon him. His death is a distinct loss to his district, to his State, to this Nation, and to the House of Representatives, where he was always listened to with great attention when he presented any question. I shall not say more at the present Ume, Mr. Speaker, but at some future date I will ask that a day be set apart, that a fitting eulogy may be paid to his splendid character and his useful life. For the present I offer the following resolution. The Speaker. The Clerk will report the resolution. The Clerk read as follows: House resolution No. 21 Resolved, That the House of Representatives has heard with profound sorrow of the death of Hon. Samuel Andrew Wither- spoon, late a Representative from the State of Mississippi. Resolved, That the Clerk communicate these resolutions to the Senate and transmit a copy thereof to the family of the deceased. The resolution was agreed to. [5] Memorial Addresses: Representative Witherspoon Wednesday, February 9, 1916. Mr. Venable. Mr. Speaker, I ask unanimous consent that Sunday, March 5, 1916, be set aside for appropriate memorial exercises on the life, character, and work of Hon. S. A. Witherspoon, late a Representative from the State of Mississippi. The Speaker. The gentleman from Mississippi asks unanimous consent that Sunday, March 5, 1916, be set aside as a day on which to memorialize his predecessor in Congress, Mr. Witherspoon. Is there objection? There was no objection, and it was so ordered. Friday, March 3, 1916. The Speaker appointed Mr. Candler of Mississippi as Speaker pro tempore for Sunday, March 5, 1916, at the memorial exercises for tlie late Representative Witherspoon. Sunday, March 5, 1916. The House met at 12 o'clock noon and was called to order by Mr. Candler of Mississippi, as Speaker pro tempore. The Chaplain, Rev. Henry N. Couden, D. D., offered the following prayer: O Lord, our God and our Father, Infinite source of life and its far-reaching purposes, wc thank Thee that, when our souls are overwhelmed with grief at the passing of our loved ones from the now to the then, time assuages our sorrows, but that their memoiy still lives in our hearts. We are met on this holy Sabbath day in memory of one who finished the work Thou gavest him to do, and who has passed on into the realms of the great beyond. We thank Thee for his activities, and the deeds he wrought, for the confidence he inspired which gave him a well-earned place in the hearts of his countrj'men, for [6] Proceedings in the House the place he made for himself on the floor of this House; a wise counselor, an earnest advocate of what seemed best for his people, his State, and his Nation; for the affection he inspired in his home. May we cherish his memory and strive to emulate his virtues. And now, O God, our Father, let the peace which passeth understanding possess our hearts and the hearts of his many devoted friends; especially let that spirit abide witli the bereaved wife and loving children, that they may look forward with us to the larger life, where we shall dwell with our loved ones forever, and we shall praise and glorify Thy name in the spirit of Him who taught us the life everlasting. Amen. Mr. KiTCHiN. Mr. Speaker, I ask unanimous consent that the reading of the Journal be postponed until to-morrow. The Speaker pro tempore. The gentleman from North Carolina asks unanimous consent that the reading of the Journal be dispensed with. Is there objection? [After a pause.] The Chair hears none. The Clerk will report the special order for to-day. The Clerk read as follows: On motion of Mr. Venable, by unanimous consent, ordered that Sunday, Marcli 5, 1916, be set aside for tributes upon the life, character, and public services of Hon. Samuel A. Witherspoon, late a Representative from the State of Mississippi. Mr. Venable. Mr. Speaker, I offer the following resolu- tions, which I send to the Clerk's desk. The Speaker pro tempore. The Clerk will report the resolutions. The Clerk read as follows: Resolved, Tliat the business of the House be now suspended that opportunity may be given for tributes to the memory of Hon. Samuel A. Witherspoon, late a Member of this House from the State of Mississippi. [7] Memorial Addresses: Representative Withebspoon Resolved, That as a particular mark of respect to the memory of the deceased, and in recognition of his distinguished public career, the House, at the conclusion of these exercises, shall stand adjourned. Resolved, That the Clerk communicate these resolutions to the Senate. Resolved, That the Clerk send a copy of these resolutions to the family of the deceased. The question was taken, and the resolutions were unanimously agreed to. [8] MEMORIAL ADDRESSES Address of Mr. Venable, of Mississippi Mr. Speaker: On Wednesday, November 24, 1915, there died in the city of Meridian, Miss., the Hon. Samuel Andrew Witherspoon, formerly a Member of this body. We have met to-day to bear some tribute to tlie excel- lencies of liis character and tlie merits of his work. It is a pity, doubtless, but it is nevertheless true, that during the life of any man the conflict of views, partisan- ship of opinion, and the emotionalism aroused by warring contentions often obscure the view and cover worthy qualities with a veil. But how different is death. This wonderful magician with the same wand that calls the spirit home removes the veil and we see clearly as never before the noble lineaments of a worthy character and the nobility of a great heart. In the presence of death differences of opinion take a minor role and we stand uncovered before the great truth that truly achievement consists in character; that truth, courage, honor and honesty, and kindliness are the primary things and that the positions that these qualities lead one to assume are of secondarj' importance. In view of this truth, I am sure that every Member of this body can and does bear sincere tribute to his memor\', regardless of whether his views upon public questions were in accord with theirs or not. Mr. Witherspoon was the son of Dr. Elias Bourdenot Witherspoon and Mrs. Elizabeth Dowd Witherspoon, and was born in Lowndes County, Miss., near the town of Columbus, on May 4, 1855. He lost his father in early [9] Memorial Addresses: Representative Witherspoon youth, and his mother removed with the family to Oxford, Miss., in 1872 in order that she might place her sons in the State university at that place. He graduated in 1876 from this institution with the degree of bachelor of arts, also taking afterwards the degrees of master of arts and doctor of laws. After his graduation he was a member of the faculty for some time in the capacity of tutor of Latin, and it was during this time that he pursued his further literary and law courses. In 1879 he removed to Meridian, Miss., where he continued to reside until his death and where he pursued his pro- fession until his election to Congress, at which time he retired from the practice of law and devoted all of his time and thought to this service. Mr. "Witherspoon was one of the foremost lawyers of his State, and his learning, with his remarkable powers of analysis and his rare gift of clear and lucid statement, won him a reputation second to none in his own State and one which extended beyond its borders. For 30 years he labored in his profession and there manifested the qualities of mind and heart that made him respected by all and beloved by those who were so for- tunate as to be placed in a position to learn the real kindliness of his spirit. His was the philosophic mind, and he labored day and night with unflagging zeal to master the great principles upon which the law is founded. He constantly searched for reasons, and he did not rest until he felt that he had discovered one sufficient to support his conclusion or the conclusion of the writer of opinion or text, as the case might be. This course of study constantly pursued made him a resourceful and' powerful debater at the bar, and his wonderful gift of lucid and logical statement made him most formidable before the jury. This gift of logic together with liis remarkable memorj' enabled him to :iO] Address of Mr. Venable, of Mississippi marshal his facts in such an orderly way and with such natural sequence, real or apparent, depending upon the merits of his case, that his conclusions seemed to follow often as an inevitahle consequence. As a lawyer I can pay him no higher compliment than to say that when he was right his positions were impreg- nable and when he was on the wrong side of a question, as all lawyers will be at times, he could well-nigh force reason to adopt the wrong. If there was error in his position or conclusion it was rarely found in his processes of reasoning but was found lurking in some premise, which he himself believed in and which he had persuaded othei-s to admit by a clearness and plausibleness of state- ment that 1 have rarely seen equaled, and 1 believe never excelled. He was a man of strong feeling, and any cause he espoused became his from the standpoint of personal feeling as well as that of relation, with the result that his whole mind and heart and emotions became involved. He believed his causes just, and hence each contest be- came a contest between the right and the wrong, and the battle was to him a crusader's fight to snatch the Holy Grail of Truth from the impious hands of Error. From this cause and from the inherent honesty of the man, which would not let him be false to his best efforts, he spared no labor in his researches for material with which to barricade against the assaults of what he believed to be Error, and he toiled indefatigably forging the weapons with which to destroy it. He had the strong man's confidence in his own powers, and having once assumed a position he clung to it and defended it with all the gallantry and fervor of a knight errant, never admitting defeat until the last recourse of the warrior had been exhausted. [11] Memorial Addresses: FIepresentative Witherspoon He sprang from a distinguished American family, as his name indicated, but with this went no hauteur. He was never heard to mention anything which would indi- cate a false pride in anything. He was most democratic in spirit. Human values to him were measured in terms of service and character. He was most successful in his later professional life. He must have been conscious of his powers and his achievements. His practice yielded him handsome returns for his efforts, and honors came to him with the years, but his fundamental democratic character remained. His sympathies went out to the poor and the lowly. Manhood and not dollars excited his admiration. He believed in the old-time simplicity of things and viewed with real alarm certain modern social tendencies which are the outgrowth of wealth and leisure which have come to certain of our people. He believed that there was a virtue in the soil of hon- esty, strength, and simplicity which was infused in those sons of earth who relied directly upon her for support, and he desired to promote the interests of the farm, mak- ing it attractive and prosperous not only because he had a real sympathy and kindly feeling with and toward the farmers of the Nation as a class, but also because he felt that the farm was the great man factory of the Nation, the great reservoir from which the Nation must in the future draw its man power. As I have heard him say, he loved the man of the fields, who rendered an honest equivalent to Nature for her store ; who learned patience in waiting and toiling from the planting in the spring until the reaping in the fall ; whose wants were the simple ones of Nature and not the accretions of perverse habit. He was democratic in spirit and a lover of humankind. He looked upon his fellows as his brethren and felt that they should share with some degree of equality in a com- [12] Address of Mr. Venable, of Mississippi mon inheritance. He believed that the great differences that he perceived in the situations of men were largely due to dishonest practices and unjust laws, and toward these he manifested the greatest indignation. His nature was intense, and his indignation at what he thought was wrong or unjust found its natural expression in strong terms. The casual acquaintance might have drawn the conclusion that his nature held a degree of bitterness. His intimates knew that it held only sweetness and a love of mankind and his vehemence arose not from gall but from goodness, not from the littleness of spile but from the bigness of a great indignation toward what he believed to be the wrong. Independence of character was a predominant charac- teristic. Conscious of his own powers and self-reliant to a degree, he followed his mental conclusions with con- duct based thereon. There was nothing of the Hamlet in him. His mental processes were not for mere sub- jective pleasure or profit, but were designed as the predi- cates for action, and according to them he shaped his course. Having reached his conclusions, he cared but little who opposed and still less for the possible results upon his personal, professional, or political fortunes. He never learned " to crook the pregnant hinges of the knee where thrift may follow fawning." The poor and lowly received at his hands more earnest services in the courts, if such was possible, than did the powerful and influen- tial, and this, too, regardless of the influence of the per- sons who opposed. Both in his professional life and in politics he was independent in conduct and in character. The qualities that I have described are peculiarly those of the advocate, and in this department of work he espe- cially shone. With a broad knowledge of the principles of law, a perfectly trained mind and memory, simplicity of style, and a thorough knowledge of the facts of his [13] Memorial Addresses: Representative WitherspJI)n case, combined with ardency of feeling, he was a danger- ous antagonist to encounter and a pillar of strength to those associated with him. Mr. WiTHERSPOON was at heart a very affectionate man. No other could have won the affectionate title of " Uncle Sam " from his associates in this body. When preparing for battle, as he was most of the time, with his energies concentrated upon the advocacy of what he believed to be correct, and his mental powers concen- trated upon the mastery of the question in hand, he may have, at times, seemed impatient or harsh with those who invaded with outside matters the domain of his thoughts or retarded the movements of his reasoning with things he deemed immaterial, yet always at heart he was genial and kind, and in those moments when cares were cast aside he reflected both in speech and manner the real kindliness of his spirit. I can not describe this quality of the man better than by quoting an excerpt from the address of Hon. E. H. Dial, of Meridian, Miss., delivered before the Lauderdale Countj' Bar Association in respect and tribute to his life- long friend. Mr. Dial said: Only a very short time before he entered the sleep of death — his condition supposed at the time to be greatly improved— a cooing babe, his infant grandson, of whom he was passionately fond, was taken into his room and held near him that he might feast his soul a while in communion with this innocent loved one of his heart. The two there, each the idol of the other, held love's sweet converse in language of their own — almost the last earthly communion of his soul with soul; for in an incredibly short time tliereafter the Great Reaper came. Thus, this strong man, who never quailed from fronting in fierce combat giants full panoplied and worthy of his steel, found his last sensation of earthly joy in drinking love light from a baby's eyes. [14] Address of Mr. Venable, of Mississippi He was great in his mental strength, great in his moral courage, great in his honesty, and great in his services. He achieved much and exampled more. He received nothing in life as a gift of capricious fortune or fortuitous chance, but with courage and faith he lived in accordance with the laws of the cause and result of achievement and paid the price for what he gained to the last farthing. He bought mental strength and culture with labor, the respect of men with honesty, the admiration of men with a kind of desperate courage, and lastly the love of men with a love for them, and grief for his death with all of these. [15] Address of Mr. Estopinal, of Louisiana Mr. Speaker: It was with deep sorrow that I heard of the sudden death of the splendid man and useful legis- lator to whose virtues of life and able services in this body we have to-day met to pay tribute. Mr. WiTHERSPOON and I were fellow members of the Committee on Naval Affairs during his two terms of service in this body — the Sixty-second and Sixty-third Congresses; and as we were in almost continuous session during these two Congresses, I saw a great deal of him during those four years. I thus had an opportunity to know him well and to appreciate his many sterling qualities. A warm feeling of regard grew up between us. He was by instinct a gentleman, courteous to everyone, true and loyal, high-minded and sincere. He was one of those stanch, steadfast men who tread the paths of duty with unfaltering step. Quiet of manner, calm of speech, but with the spirit of the bonne camaraderie fully de- veloped — the very soul of kindliness and gentleness in his personal relations^ — there is small wonder that he made friends in every walk of life. He seemed to care nothing for that flattery which stirs the blood of the small and swells the pride of the little. He was a scholar by education and inclination, and pur- sued his chosen profession of the law without seemingly a thought of holding office until called to service in this body. He was wholly devoted to the interests of his constitu- ents and to his work in Congress. He had the courage of his convictions and the talent to stoutly defend them with [16] Address of Mr. Estopinal, of Louisiana force, logic, and eloquence. In debate he was terse and vigorous, yet fully regardful of the amenities. Mr. Speaker, two men may differ — very widely differ — even reaching to the extremes of thought and action on national policies, both wholly sincere, prompted by the purest patriotism, each eager for service in pressing his belief to success in legislation, yet they may entertain for each other the warmest personal friendship and the sin- cerest appreciation. This was the position in wliich Mr. WiTHERSPOON and I found ourselves. We differed widely in our views regarding the appropriations for the Navy, and in fact in the naval program generally. But in our personal relations that difference of opinion never had the slighest effect. Mr. Speaker, I believe it was Plutarch who said : Man is a plant, not fixed in the earth, not immovable, but heavenly; whose head, rising as it were from a root upward, is turned toward Heaven. 37673°— 17 2 [17] Address of Mr. Candler, of Mississippi Mr. Speaker: At a special meeting of the Lauderdale County Bar Association, held in the city of Mei-idian, Miss., Friday, November 26, 1915, a committee, composed of E. H. Dial, W. E. Baskin, and F. V. Brahan, was ap- pointed to prepare and report resolutions on the life and character of Hon. Samuel A. Witherspoon, deceased. Representative in Congress at the time of his death from the fifth congressional district of Mississippi and a mem- ber of the above-named association, who died at his home in the city of Meridian, Wednesday, November 24, 1915. The resolutions prepared by the committee were sub- mitted to a called meeting of the bar association Saturday, December 11, 1915, and were unanimously adopted. Pending the motion to adopt, Hon. E. H. Dial, chairman of the committee, formerly a law partner of Mr. Wither- spoon, delivered an exhaustive eulogy on the life and character of the deceased, which, together with the reso- lutions, were ordered spread upon the records of the association. The following are the resolutions by the Lauderdale County Bar Association, adopted Saturday, December 11, 1915: Whereas, on Wednesday, November 24, 1915, there died in the city of Meridian, Miss., a distinguished member of this asso- ciation, the Hon. Samuel Andrew Witherspoon, a man widely esteemed both as a public and private citizen; and Whereas we, his neighbors and personal friends, desire to place on record our estimate of his worth: Therefore be it Resolved by the Lauderdale County Bar Association, That we, through this means, give expression to our appreciation of his admirable character and to our sorrow at the loss his family, [18] Address oi Mr. Candler, of Mississippi his friends, and the public have sustained by reason of his untimely death. Samuel Andrew Wither.spoon, son of Dr. Elias Bourdenot Witherspoon and Elizabeth Dowd Witherspoon, was born in Lowndes County, Miss., near Columbus, May 4, 1855, and in his early youth attended the common schools of the country neigh- borhood in which he lived. His father died when he was quite young, after whicli his mother, with a determination to educate him and two other younger sons, moved to Oxford, Miss., in 1872, where she could secure for them the educational advantages afforded by the State university at that place. He entered the University of Mississippi as a student in the preparatory depart- ment in October, 1872, and was graduated with second honors from that institution in June, 1876, with the class at that time known as the Centennial Class. After his graduation he was for a while tutor of Latin in the university, during which time he pursued the study of law. He moved to Meridian in 1879, where he that year began the prac- tice of law. By close application and earnest efiort he advanced steadily, through a period of 36 years, to a foremost place among the lawyers of Mississippi, his reputation as an able lawyer hav- ing, some years before his death, come to be recognized in circles far beyond the limits of his native State. He was a bold and skillful advocate, honest and reliable, and throughout his whole career eminently successful in the conduct of his causes. To his preeminent ability as a lawyer was added the profound learning of the scholar. He adorned all things that he touched. All subjects that engaged his attention received new light, and his penetration discovered new and hidden truths. Too often the lawyer is learned only in his profession, but he garnered a full store of useful learning in the wide and varied field of intellectual endeavor, and brought to the dry and prosaic learning of the law the refreshing graces of belles-lettres. His eloquence was "logic on fire." He was the John C. Calhoun type of orator, indulging rarely in metaphor or flights of fancy; but the statement of a proposition clear as crystal and the in- exorable demonstration of its correctness was his peculiar forte. Concede his major proposition and the conclusion was in- escapable. He may have been wrong in his premises, but his conclusions were always logically drawn. [19] Memorial Addresses: Representative Witherspoon. He was elected to represent the fifth congressional district of Mississippi in the lower branch of the Federal Congress in 1910, and was serving his third term at the time of his death. He proved himself to be in this new sphere that same indefatigable worker he had always been in his pursuit of the legal profession. He grasped readily the great and essential elements of statecraft, and came to be recognized as one whose thoughts and ideals were worthy of the traditions of his party and of the Nation. Intensely democratic, unquestionably loyal to his State and his constituents, yet his intense patriotism carried his vision to the greatness of the Nation as a whole. Champion of the ideas of State rights, he felt that the safety and perpetuity of the Nation were assured only through a veneration of and an unimpaired adherence to the Constitution. He revered that Constitution, and any attack upon it was an attack upon the very heart and vitals of our institutions. It was largely his cham- pionship of the principles of that great instrument that won for him his nation-wide reputation. His oration on the flag is a classic. He was never a timeserver. Tenaciously loyal to principle, he never deviated from the path which the light of his own convic- tions illumined. His abhorrence of every kind of graft or double- dealing was so pronounced that its very presence was a challenge to combat. He believed that men should be true to their political trusts, and nothing went unchallenged with him that did not carry the password of rectitude, truth, and sincerity. His honesty and integrity might well be the ideals for every public servant. These are his enduring monuments. He was emphatically at war with all measures that seemed to him conceived or likely to operate in the interest of the few against the many. His sympathies were at all times with those classes that fail apparently of a fair deal in the hurrying, ever- moving, ever-changing conditions of life, and as their champion he never shrank from dashing into the fiercest part of any fight that involved their interests and their happiness. The influence of his life was ever on the side of morality and religion. He was a sincere and practical Christian. Since his early manhood he had been a church officer, and gave no small share of his time and thought to work of the church to which he belonged. [20] Address of Mr. Candler, of Mississippi He was a good friend and neighbor, beloved by those who knew him well and with whom he had formed intimate relations of friendship, recognized by them as one whose life had been of value to this community, a joy to those whom it closely touched, a benediction to his family and friends. He was a faithful, gentle, and loving husband, a devoted and in- dulgent father. To the grief-stricken wife who had walked hand in hand with him since his early manhood, to his son, an honored member of this association, to his two daughters, and to a devoted brother, surviving loved ones, we beg leave to tender our sincere sympathies. Resolved further. That llie presiding ofTicer of this meeting appoint a committee of three to present these resolutions to the circuit court of this county at its next sitting, with the request that they be spread upon the minutes of the court, that they be recorded upon the record book of this association, a copy of them presented to the family of the deceased, and that the newspapers of this city be requested to publish them. E. H. Dial, Chairman, W. E. Baskin, F. V. Brahan, ComniUlee. In presenting the resolutions the following is the memorial address delivered by E. H. Dial before the Lauderdale County Bar Association, Saturday, December 11, 1915: Mr. President and members of the bar association, in presenting these resolutions in behalf of the committee, I beg the privilege of adding a few remarks expressive of my own personal estimate of the man whose life and character the resolutions are to com- memorate. Samuel Andrew Witherspoon, son of Dr. Elias Bourdenot Witherspoon and Elizabeth Dowd Witherspoon, was born in Lowndes County, Miss., near Columbus, May 4, 1855, and died in Meridian, Miss., November 24, 1915, aged 60 years 6 months and 20 days. He lived heroically the threescore years allotted him and filled that span of time with thoughts and acts that made for the en- richment of his own soul and the good of human kind. He was [2i: Memorial Addresses: Representative Witherspoon an extraordinary youth, an extraordinary young man, an extraor- dinary character in middle life, a man of marked and transcendent ability in his riper years. In none of the stages of his career was his a genius that blazed with meteoric light. What he was at every step along his triumphant march from the country school- house in the county of his birth to the National Capitol in the city of Washington was the product of a brave heart and of mental toil honestly and intelligently applied for life's noblest ends. At no point in his career did he enjoy advancement through influence derived from some other's success before him or through favoritism of another in whom was lodged some temporary power; but toward his goal, which at tlie outset lay beyond a wilderness of difTiculties, he, step by step, patiently and labori- ously hewed his own way. From his boyhood days he exhibited an intellect of exceptional strength, a mind of rare logical bent, of almost amazing analytical powers, a disposition and determination to master every subject that claimed his attention, a devotion to principle and loyalty to his own convictions that marked him, even in early life, as one of adamantine courage. These were predominant elements in his character from his youth up — throughout his whole life, from the days when he was a schoolboy to the years when he was a lawyer in his ofTice, in the courts, and in the councils of the Nation. I had known him longer than any member of this bar — longer tljan any person in Meridian, except one or two. I was intimately associated with him in quite a number of relations since he was 17 years old. We were companions before either of us was grown. We were college mates at the State university from 1872 to 1876, and were graduated together from that institution in the latter year in the class known at that time as the Centennial Class. It was during these four years that a mutual friendship was formed between us that lasted unbroken, interrupted by none of life's jars and conflicting interests, through a period of 44 years. When I was married in another city in 1879 he, according to custom, accompanied me and stood with me, an interested par- ticipant as " best friend " during the ceremony. We were asso- ciated as partners in the practice of law in this city nine years, from 1879 to 1888. In all the political aspirations indulged by either of us neither ever asked the other for his support and [22] Address of Mr. Candler, of Mississippi influence. It was simply claimed as a matter of course without the asking, and neither of us ever thought of doing otherwise than contributing in fullest measure possible what aid he could to the advancement of the other's interest. We w^ere oflicers in the same capacity in the same church for at least 30 years and have worked together with others many an hour, day and night, in furtherance of those particular church interests that claimed our time and efforts. We were boys together, young men together, middle-aged men together, and, though of late with no business associations to unite us, have nevertheless remained together in intimate friendship since time commenced to touch our locks with gray, until the hour his spirit quit its earthly tenement and went to rest. Knowing him thoroughly, knowing his weaknesses and his strength, I testify to you that he was always all that he pretended to be, all that his friends and admirers thought he was — a high- born, honest man, strong, self-reliant, brave, reliable, learned, conscientious, religious, sincere, friendly, unostentatious, in sym- pathy always with humanity's common mass, whose knee bent to no being but his God. His was a lovable nature, marred by only one defect that glared, of which he seemed to be oblivious — a disposition to irritable- ness, an abruptness of manner, tiiat displayed itself sometimes, more strikingly in later years, without due cause, toward those he liked and even loved, as well as toward those he had no special interest in. Rub this out, and there was left little else than vir- tues on virtues piled by which to measure him. In conversation yesterday, a friend who had known him a long time remarked that his nature was so open, transparent, and sincere that it might be likened to clean, clear glass held up, through which the sun- light pouring revealed alike its perfections and its flaws. As a student at college he showed the same studious traits that characterized him in his maturer years as a lawyer and statesman under your own observation. He was always a hard student. He studied every subject thoroughly. He was thorough in his college textbooks just as he was thorough in his law books. He stood high in his class, graduating second in a class of 16, and with -a notable record for his full course of four years. He was anni- versarian in 1876 of the literary society of which he was a mem- ber, in that day one of the highest and most coveted of the college honors. The oration he delivered on that occasion bore the same [23] Memorial Addresses: Representative Witherspoon marks that have characterized all the other addresses you have heard him deliver — logical in the flow of its thoughts and ex- tremely metaphysical. I have heard discourses often since then from minds much maturer than his was at that time on practically the same subject — The Pursuit of Happiness, the True Object of Life — and have as often thought that none presented with greater force and convincing clearness than did his the truth which his subject announced. In the last year of his college course, 1876, he was winner of the prize offered by the Shakespeare Society of London for excellence in examination in Shakespeare's plays. For two or three years after his graduation he was a member of the university faculty as tutor, or assistant professor of Latin. On completion of a post-graduate course pursued during these years he was awarded the degree of master of arts. Later, in 1908, the honorary degree of LL, D. was conferred upon him by the university. In June, 1880, he was married in the city of Memphis to Miss Sue E. May, of Springfield, Ky., who survives him. Of the chil- dren born to them, three are living and grown to manhood and womanhood — Samuel A. Witherspoon, jr., a practicing lawyer at this bar, at one time his father's partner, an honored member of this association; and Misses Letitia and Fannie May Witherspoon, two of Meridian's most cultivated women. In pursuance of a wish indulged by both of us during our col- lege days, Mr. Witherspoon in 1879, prior to his marriage, came to Meridian to live and to join me in the practice of the law. He arrived here a total stranger in a town that was strange and new to him, but one or two persons in it whose names he knew. Often have I heard him describe the forlorn feeling that possessed him on the hour of his arrival as he looked about him at his unfamiliar surroundings and at the unfamiliar forms and faces that passed him by unnoticed, and how he wondered if it were possible for him ever to get a client out of that hurrying, in- different mass of humanity at that hour so oblivious of his existence. His description of that memorable hour when he was so painfully conscious of his obscurity, and when his life's work lay untouched all before him, came vividly back to my memory week before last, 36 years later, after that work was finished, when his cold, pulseless body, untenanted by the spirit that once had animated it, lay underneath a mound of flowers wet with the [24] Address of Mr. Candler, of Mississippi tears of scores of friends and admirers Nvhom lie, by liis own intrinsic worth, had won and made to love him. Well do I remember his first appearance in the circuit court. It was in a murder case. Almost any time lawyers already ini- tiated, waiting about the court room, likewise spectators, will listen for a while through curiosity, or through some sort of interest and sympathy as well, to the first efforts of a novice in the law. The same sort of indifferent interest gained him atten- tion at the outset in the trial of this case. Before it ended, lawyers, judge, jury, and spectators were amazed at the immacu- late skill with which he was handling the witnesses and listen- ing with wonderment at the masterful reasoning and powers of analysis being displayed before the jury in his disposal of the facts and his application of the law which the court had given in charge. The word went around, in effect, that a young David was in the Valley of Askelon, and the Goliaths of the bar, after that occasion, took most respectful notice always of the new stripling and his sling. He was a most laborious student during all the years of his practice at the bar. When his practice was small he studied hard all the time. He studied llie law night and day as a science. He toiled to master its fundamental principles. He studied, in season and out of season, the textbooks, the State code and legis- lative acts, and the decisions of the courts, especially the decisions of our own supreme court — not merely on the subjects applicable to cases immediately in hand, but he studied all these sj-stem- atically without reference to any immediate need he had for them. He was satisfied with nothing short of thoroughness. He did not follow the law as a trade, an occupation out of which to make money, but pursued it as a high and honorable profession calling for the noblest powers of the mind and soul. We all know, without rehearsing them, the results of this thorough, systematic, early preparation. We know he was a pro- found lawyer, w-hose accurate knowledge of the law had come to be, nearly two decades before his death, universally recognized and conceded by the profession, by the courts, and by the general public, and that he commanded a large and lucrative practice. A predominant quality of his mind was its analytical powers. He was severely analytical and logical. Everything in his way seemed to go down before the logical sweep of his reasoning; and the bulwark he could build in support of a proposition he [25] Memorial Addresses: Representative Witherspoon was endeavoring to establish seemed impregnable, whether in the argument of a point of law before a court, in the assembling of facts and law before a jury, or in the presentation of a subject, political, literary, or otherwise, before a promiscuous audience. Another mental quality that characterized him was his sincere conviction of the rightfulness of the cause in which he was enlisted. He believed sincerely and strongly always that his side of a case was the right side. Thoroughly convinced as he always was of the righteousness of his client's claims, he would, even in the preparation of a case, grow impatient of a suggestion from any source that any flaw could possibly be found in it. He him- self could see so readily a way around every possible opposition the moment it was suggested that he sometimes could not with- hold a show of impatience that a mind less acute than his own would permit itself to be disturbed by a thing which to him seemed so unsubstantial. I doubt not that many who have been associated with him in the preparation of causes have noted this disposition of his mind. A few years ago he abandoned law for politics. At the time of his death he was a Member of Congress from the fifth congres- sional district of Mississippi, serving his third term. He went into politics, I think, because he had a laudable ambition to serve his country in a sphere the law did not afford. Besides being a good lawyer, he was a man of culture and general scholarly attainments. He had thought and studied a great deal on the theory and history of governments, and entertained deep- set convictions with respect to our national affairs. He was a lover of liberty, a friend of the oppressed. He despised favor- itism in any garb. Having himself begun his life work with no help but his own native resources, his sympathies were all with people who labor and toil, with that vast multitude of the human family who live and move and have their being in life's humbler walks; and when he died, these, all these — all who do not bask in the light of fair Fortune's smiles, whoever and wherever they may be in this broad land — these all lost an advocate and a friend who longed for opportunities to battle for the removal of what he deeply believed to be unequal burdens. If he could have lived 10 years longer and continued his congressional career, he, by the expiration of that time, would have won the country's un- disputed recognition of himself as one of the Nation's great men — so his friends sincerely believe. [26] Address of Mr. Candler, of Mississippi Elements of the statesman were in him that bid fair of devel- « opnient to a preeminent degree. He knew but little of the arts of the politician. He spurned the demagogue and the low level on which the demagogue crawls and flounders. He was courageous in defense of any position he held. He knew not how to desert a principle that he believed in, or how- to run away from his own convictions to follow, because popu- lar, some other's lead. What was said by a distinguished Missis- sippian in public eulogy of Henry Clay soon after that great statesman's death aptly describes the courage of our own de- ceased friend: "He never feared to take ground upon any ques- tion, and in doing so he never waited and watched for some gleams of light to break out from the mass of the people to show him the probable path of political safety. Tears, misgivings, uncertainty as to his personal interests never kept him silent and still. He received his inspirations from his own clear head and dauntless heart, and stood by them with unquenchable courage." These qualities in Mr. Witherspoon were put to the test when the ship-purchase bill was before Congress, also on the Presi- dent's suggestion for greater preparedness for national defense, to each of which he was opposed. He had already become a target for criticism because of his stand on these two questions especially; but, had he lived, he was ready to defend his convic- tions with a courage that would have won at least the admiration of such as he might not have been able to convince. " Honor to him who, self-complete and brave, In scorn can serve his pathway to the grave, And, heeding naught of what men think or say. Make his own heart his world upon the way." Dominating his qualities as scholar, lawyer, and statesman were his high moral character, his genuinely religious faith, and his exalted ideals. In all my intimate associations with him I never detected a disposition of his mind to descend toward a low and groveling thought. Some of the sublimest sentiments I ever heard him utter were uttered in the privacy of our own friendship in common conversation. I know he was sincere in all the public utterances he has been known to make in the interest of morality and righteousness. His old-fashioned, rugged honesty is illustrated by the habit he had of refusing to receive pay for the days he was absent from [27] Memorial Addresses: Representative Witherspoon his seat in Congress — a habit referred to by the Washington Star in its recent notice of his death, and which that newspaper says would never have been known had not the Underwood resoUition to " dock " absentees brought it out. The social side of his nature was highly developed, especially in so far as the enjoyment of the society of congenial friends was concerned. Whenever he was his very best self, he was extremely genial and companionable. He enjoyed flashes of wit and clean, droll humor, and nobody could laugh more heartily than he could. In ordinary conversation he not infrequently was more instructive and entertaining than in the elucidation of the same matter in formal discourse. His favorite diversion was hunting and fishing, camp life, roughing it in the open. He loved dog and gun and rod and line, the woods and fields and streams, and, with it all, the jolly, care-free companionship of congenial friends. Mr. Witherspoon never boasted of his ancestry — in fact, rarely referred to it, and then only when it found its way into a con- versation naturally. It is nevertheless a fact that fine blood was in his veins. His mother was of a distinguished Mississippi family. She was a sister of Hon. William F. Dowd, who in his lifetime was one of the State's greatest lawyers. He was not di- rectly descended from the Revolutionary patriot, John Wither- spoon, signer of the Declaration of Independence, but was of the same stock. He was, however, a descendant in direct line from John Knox, the great Scotch preacher and reformer of the six- teenth century. Although these are facts, yet he put no depend- ence upon them — though, quite likely, without showing it, he valued them. All this, however, notwithstanding his apparent disregard for it, may have had much to do in the molding of the spirit that dominated him. A familiar incident related of Oliver Cromwell is, that when about to sit for his portrait he directed the painter preparing to enter upon the work: "Paint me as I am; leave not out one wrinkle, scar, or blemish." In my efforts to portray the character of our lamented friend, I have tried to be sufRciently true to let my brush at least suggest his chiefest scar. I have preferred not to follow with severest strictness the great Englisliman's direc- tions. Blemishes that might be worked into a sketch, yet which do not change materially the subject to be drawn, need not [28] Address of Mr. Candler, of Mississippi necessarily be painted into a picture. A rule in sketching from tiie object is to draw nothing you do 'not see, even though you know that a part not seen exists. I do not wish to try to paint from memory motes I once thought I saw in my good friend's eye. I'd ratlicr " seek his merits to disclose " than " draw his frailties from their dread abode." He was not without some faults, not without defects of disposition and manner at times which those who esteemed him most often wished had not been a part of his nature, but he had qualities of mind and heart that towered so high into the sunlight that these blemishes, like minor imperfections of symmetry to be noted sometimes in the rise of a sky-reaching mountain, were lost to view in contemplation of the magnitude and loftiness of his character. Only a very short time before he entered upon the sleep of death — his condition supposed at the time to be greatly im- proved—a cooing babe, his infant grandson, of whom he was passionately fond, was taken into liis room and held near him that he might feast his soul a while in communion with this inno- cent loved one of his heart. The two there, each idol of the other, held love's sweet converse in language of their own — almost the last earthly communion of his soul with soul; for in an incredibly short time thereafter the Great Reaper came. Thus, this strong man, who never quailed from fronting in fierce com- bat giants full panoplied and worthy of his sleel, found his last sensation of earthly joy in drinking love light from a babj''s eyes. Our friend has passed behind the veil that shuts the Great Beyond from mortal view. To him the mysteries have been revealed. " Thou, friend of ours, whose spirit's gone, Thou, whose life on earth is done, Tell us, ' in what realms afar, In what planet, in what star, In what vast aerial space, Shines the light upon thy face? In what gardens of delight Rests thy noble soul to-night?' " Tell us the answer to the question which you, while here, pondered on and deemed the greatest to engage the thoughts of man. [29] Memorial Addresses: Representative Witherspoon If from beyond the dark waters a response could come to us from him, it, in substance, we believe, would be: " 1 the upward way have trod; Basking in the smile of God, Read I on th' unfolded scroll: ' Life immortal for the soul.' " Mr. Speaker, I fullj' concur in everything said by Mr. Dial in this beautiful and accurate address. He knew my good friend Sam Witherspoon as well as it was pos- sible for one man to know another, and hence I thought it fitting and proper to incorporate his address, as well as the resolutions adopted by the Lauderdale County Bar Association, in nij' remarks in full as the testimony of those who knew him best, and hence could bear witness to his noble and manly traits from actual knowledge and intimate personal association. I loved Sam Witherspoon, and in his death I have lost a sincere, generous, noble, and kind friend; this House a painstaking, hard-working, brilliant, and most useful Member, and the country a patriotic citizen, highly cultured scholai', and a great statesman. No man rose more rapidly in this House from the time he entered it until his departure, and in his death the people, this House, and the country' have sustained a very great loss. With tears in my eyes and genuine sadness in my heart I say to him good-by, but not forever, for bj' the grace of Him who loves us with an everlasting love and died that we might live, we shall meet again on the golden shore. [30] Address of Mr. Padgett, of Tennessee Mr. Speaker: I shall not attempt in detail to analyze or refer at length to the character of Mr. Witherspoon. Those who have preceded me have spoken so eloquently, so correctly, and so truthfully of his many attrihutes, of his generous and noble character, that I feel it would be a useless repetition for me to attempt in a less able way to rehearse those attributes of his character. When Mr. Witherspoon came to Congress he was assigned to service upon the Committee on Naval Affairs, of which I was a member. It was the good fortune of the committee to have Mr. Witherspoon a member of that committee, and as a member of the Committee on Naval Affairs he was i-espected, beloved, honored, and highly esteemed by eveiy member of that committee. It is use- less for me to say that in the Committee on Naval Affairs, as well as everj' other committee, there exist differences of opinion. A committee would be useless if there did not. It would fail to serve its rightful purpose and to discharge adequately and eHicienlly the duties and the responsibilities of a committee of this House if there were not men upon the committee who, in the inde- pendence and vigor of their own thoughts and the execu- tion of their purposes, did not assert their individual opinions and maintain their own ideas of right and of public policy. And Mr. Witherspoon maintained in a high-minded, able way his ideas of appropriate policies of legislation. I wish to say, Mr. Speaker, that there existed between us a very warm personal friendship and an association that will be to me through the remainder of life an oasis of memory. It shall always be to me a pleasure to bear [31] Memori.\l Addresses: REPRESENTAxnE Witherspoon in mind the association tliat I had with him and the cooperation as well as the disagreements that we had in our work in the committee and in this House. While we often disagreed it was that difference that begot re- spect; it was that difference which men can entertain and still cherish a high reverence and regard for each other, and I call to mind at this time that in the last session of Congress, after we had finished the contest upon the floor of the House over the naval appropriation bill, and when his contention had failed to receive the indorsement of the House, just here, at the front of the center aisle, we placed our arms around each other and walked out of the House to the cloakroom, each enter- taining for the other a friendly feeling. I know I enter- tained for him a high and generous respect for the manli- ness of the man, the integrity of his purpose, and the vigor of his character and his intellect. He was a man of affable manners, a man whom we could love, and I believe that the affability of his manners begot for him in this House the warm and cordial friendship of all who knew him. He was a man of generous disposition. In all my associations with him 1 was always pleased and gratified at the generosity that he always manifested in his dis- position toward everyone. But, Mr. Speaker, the generosity of h'is disposition did not detract from the positiveness of his convictions. He was a man of very positive convictions. He believed something. Conviction to him was not milk and cider. Conviction with him was the truth. He believed in the reality, in the genuineness, and in the sincerity of what he believed, and I always respected and adinired him for his positive convictions. Not only, Mr. Speaker, was he a man of positive convictions, but he was a man of courageous honesty with reference to his convictions. He studied questions. I do not think he jumped to his con- [32] Address of Mr. Padgett, of Tennessee elusions; I think he worked them out as best he could from the premises as they presented themselves to him honestly, sincerely, and courageously, and no man, whether he agreed with him or disagreed with him, failed to admire the courageous honesty of his positive con- victions. He was warm in his attachments. Friendship with him was real, was sincere, was honest, was earnest. Friendship was not a superficial, vaporous thing with him. Friendship with him was in his lieart, was in his affections, was resting upon and prompted bj' generous, high-minded love of soul. He loved his friends and he wanted his friends to love liim, and they did, and every- one who was thrown intimately with him I believe was impressed with the sinceritj' and genuineness of his friendship and the warmth and reality of his affections. He was a man of keen intellect. I have often thought of his intellect as a keen, sharp sword, and, as I stated in the outset, while we often differed, I always had a great admiration for the keenness and the perception of his intellect. How quickly he would catch a question and how narrowly he could divide one contention from the other. He had a cultured intellect, a logical training. He was a man strong and powerful in debate. His, Mr. Speaker, was a premature death. In the very prime of manhood, when it was not expected, death came to him. As we see it, as we believe it, it was a premature death, and that brings to us the thought of the three great manifestations — birth, life, and death — all of them sur- rounded by a veil of mystery. We can not understand them. And as we think of death we so often think of it in its horrors. We are separated from our friends and our loved ones, we are deprived of their association and their company. It is a deprivation that comes with great horror to us, and we think almost exclusively of the horrors of death. 37673°— 17 3 [33] Memorial Addresses : Representative Witherspoon Mr. Speaker, should we not sometimes think of the opportunities and the privileges of death? I have my loved ones who have gone before, as all of us have. As we stand at their grave, whether it is a sunken hole or a grassy mound covered with flowers, still it is a grave. Or if we in our solitude, alone with ourselves, meditate over the loved ones who have gone before, there comes the recollection of one instance that I think has more of comfort, more of light, than any other recorded in history. There comes to us the thought of that early morning of the first day of the week, when the women hurried to the new-made tomb, and, as they looked in, found Him not. And then it was that the angel said, " He is not here; He is risen." Ah, Mr. Speaker, when we meditate around the graves of our loved ones, whether it be the sunken hole or the flower-covered mound, there is a comfort and a joy and a consolation to realize that they are not there; that they are risen — risen not in imagina- tion, risen not in a dream, but risen into life, into that higher, grander, better life, where the opportunities shall be the opportunities of eternity, and where the privileges are the privileges of the infinite. If in this life we have studied and been interested in the sciences, what shall be the opportunities and the privi- leges over there? If here we have been interested in law and government, what shall be the privileges and oppor- tunities of etei-nity and infinity in the development of the studies and the ambitions of life along those lines? Here we are hampered by the limitations of the flesh. I think we have good illustrations of it. 1 can see around me in a limited way, but if I take the telescope my vision is far extended. I can hear around me for a limited distance, but if I catch the telephone to my ear, how many thou- sand, thousand, thousand times it is multiplied. [34] Address of Mr. Padgeit, of Tennessee The limitations of the flesh are many and they prescribe the spheres of our activities. When the habiliments of the flesh are rift away, and we are brought into com- munion and fellowship with eternity, with the privileges of the infinite, then we shall have opportunity to receive the dividends upon the investments that we have made in this life and have their continual enjoyment forever. Mr. Speaker, when we meditate over the death of om* friend, let not the horror of death alone possess us, but let us think of the opportunities and the privileges of that higher, nobler, better life in which to-day we can say of our friend, " He is not here; he is risen." [35] Address of Mr. Humphreys, of Mississippi Mr. Speaker : I believe that few men indeed with whom I have served in Congress during the past 14 years have so impressed their character upon the minds and consciences of their colleagues as did my distinguished friend. He was a scholar and a man of great industry, and therefore rose to eminence in the profession which he chose and became a leader of his people. Later in life than most men who enter this Hall, he was selected as a Representa- tive of his people on this floor. There were two elements in his character which distinguished him above his fel- lows. First, he was honest. I mean he had intellectual integrity developed to a degree far beyond that possessed by the average man. He brought all the processes of that scholarly intellect to bear upon the solution of all ques- tions which he was called upon as a public servant to solve. He never approached any question except with an open mind, with an honest and an earnest desire to arrive at the very truth. And in that endeavor I believe he was deflected from his course as little by the petty consid- erations that sometimes influence men as any man I have ever known. He desired to know the right, that which was best for those whom he represented; and his constituency, as he understood it, were the people of these United States. To say to him when he was studjdng any question that " this is the course which the political organization to which he belonged preferred," or that " this was the view of the administration of the party to which he owed allegiance," or that " that was certainly the course which would meet with popular approval "—I say to suggest such considerations to him was to idly waste the breath. [36] Address of Mr. Humphreys, of Mississippi He brushed those aside without one moment's considera- tion. When he took the oath of office at this desk he did it seriously, for he was a serious man. He took this life and all of its duties and responsibilities seriously. And when he entered here upon the discharge of his public duties, he did it without mental reservation and with the full understanding that he was to sacrifice all that meant his personal advancement and preferment to the good of those he was called upon to serve. And then there was another quality which he pos- sessed — courage. Having arrived at the conclusion to which his mental processes had led him after study and research, he never faltered for one moment in the advo- cacy of that which he had determined to be right. I believe that no man with whom I have served could more truthfully have said. Set honour in one eye and death i' the other, And I will look on both indifferently; For let the gods so speed me as I love The name of honour more than I fear death. I have spoken of two elements in his character. There was another. It was gentleness; that gentleness which enkindleth nobleness. I believe in all my acquaintance I have never known a man fuller of the milk of human kindness than Sam "Witherspoon. He and I were intimate and devoted friends, yet, perhaps, in our study of political and economic questions we arrived at the same conclu- sion about as rarely as any other two men in the House; but in spite of that, I never failed to get a cordial, kindly, and affectionate greeting from him. Mr. Speaker, it occurs to me peculiarly appropriate that the memorial services should be held over Sam Wither- spoon at this particular time, at this particular crisis in the affairs of our Government, when to-day, as much as [37] Memorial Addresses: Representative Witherspoon ever before in the long history of the Republic, men should be courageous, men should look the situation squarely in the face and render the verdict of their con- science, serving their country and serving their country's good with utter disregard for the minor considerations of personal interest or of political advantage. And in this crisis, when so much is required of every representa- tive of our people, if the contemplation of the character of our departed brother, who was to all of us the very embodiment of honor and courage, if the contemplation of that great character at this particular time can furnish us inspiration to be true to ourselves and, therefore, false to no man, we can say of him, although departed, as Brutus said on that fateful night before Philippi — O Julius Cspsar, thou art mighty yet! Mr. Witherspoon was in all particulars a manly man. He was as gentle as a woman, and as brave as Julius Ctesar. He was strenuous, he was aggressive in the ad- vocacy of what he conceived to be right, and yet we all recognize that though he was persistent, though he was insistent, though he was, in advocacy of what he believed to be right, radical and aggressive, he was, nevertheless — * * ' gentle, and the elements So mix'd in him that Nature might stand up And say to all the world, " This was a man I " [38] Address of Mr. Hensley, of Missouri Mr. Speaker: Judge Witherspoon and I entered the Sixty-second Congress together. If I mistake not, %ve met at the Democratic caucus held in Januar\', 1911. It was my good fortune that we were given the same committee assignment — that of Naval Affairs. I say, it was my good fortune, as indeed it was, for so long as I am blessed with life and reason I shall cherish in the fondest way my association with Judge Witherspoon upon the com- mittee, in the Halls of Congress, and wherever our duties called us while Congress was in session, which was almost continuously for four years. I firmly believe that Judge Witherspoon was one of the rarest specimens of true American manhood, combining genius, statesmanship, and integrity and great industry', together with the enthusiasm of a patriot, who has ever occupied a seat in this historic Hall. I never have seen a person fonder of children than he appeared to he. He seemed not to overlook an oppor- tunity to give attention to them. I have often said that I would rather offend a grown person than a child, because the impressions made upon their little minds are more lasting than we sometimes think. Only a few evenings ago I was reading in the hearing of my 10-year-old boy the address made in Judge Witherspoon's memorj' by his lifelong friend and law partner — which, by the way, is a most complete storj' of the life of Judge Witherspoon, told in a very beautiful way. When I had concluded it I looked up and found my boy in tears. I asked him, " Robert, did you like Judge Witherspoon?" And he re- plied, " Yes, daddy; I loved him." [39] Memorial Addresses : Representative Witherspoon Great men often are so different from others that they are frequently misunderstood. He appeared not to be understood by some, and because of this misunderstand- ing, real or feigned, he was sometimes assailed and criti- cized. I desire here and now to give expression to this fact, so it may go into the Record in cold type, that, in my opinion, there is no person who entertained a higher regard for, or warmer appreciation of, the professional men in the department with which his committee had to do than did Judge Witherspoon. He was a real friend of the service, and the men in the service of that department of Government. Yet, Mr. Speaker, he believed that it was a department of Government and that it existed for the good and the gloiy of the Government. His courage stood out in bold relief here in these Halls where we see so much side-stepping. I shall never forget how appalled I was on that morning when meeting two reporters down on Pennsylvania Avenue they announced to me the death of Judge Witherspoon. It seems to me that of all times we need liis service most now. We need his courage as an example to us. We need him now, with his words of wisdom, upon these questions that are fraught with such consequences to the country, because, Mr. Speaker, as his colleague from Mississippi [Mr. Hmnphreys] has so elo- quently said, he was prompted by the highest motives in all his utterances and was not fearful that something that he might say here would get back home and affect him personally to liis disadvantage. He did not quake or tremble when questions, however trying, came up for decision, nor did he weigh them with the mathematical precision with which a chemist weighs his compounds, observing with the closest scrutiny possible the effect his decision or vote would have upon liis personal fortunes, but with a burning ambition to serve the great body of people who intrusted him with authoritj', devoid of self- ishness and sophistry, he took his stand as a manly man. [40] Address of Mr. Hensley, of Missouri Let it be said to his credit that no person ever heard him refer to his home people in other than the most affectionate terms. His love for his people and his State approached a passion. If this trait was equaled by any other, it was his zeal and candor, supported by his per- sistent determination to promote the welfare of his State and Nation by protecting, as he believed, e\er\ inherent right that belonged to the individual in the face of great opposition and sometimes vile abuse directed at him by those whose schemes he interfered with. It is so easy for one to go with the current, but it takes superior courage and manhood for a man to stand by the right, as God has given him to see the right, in spite of great influences which sometimes resort to abuse and slander. There are many incidents I could relate that would give those here who did not know him as well as I did, and those who may peruse the Record and these facts, a better insight into his nature and to the man himself. On the many trips taken by the Committee on Naval Affairs, whether we were visiting navy yards or other points of interest to the Government, he was at all times giving his closest attention to the things about him. I shall not take up more of the time of the House, ex- cepting to say that on one occasion while in Philadelphia, when several committees of the House and other citizens were visiting that city, there was a scene that I shall always recall in the old Continental Hall, the chief attrac- tion, of course, in that great city of Philadelphia. It was along in the afternoon of the day when it so happened that a number of us were present in that almost sacred precinct. Among those present were Members of the House, as well as others, and if my memory serves me correctly it was Congressman Donohoe who announced to the crowd, " Gentlemen, here in this presence and on this occasion we have a number of Members of Congress [41] Memorial Addresses: Representative Witherspoon from several States of the Union, and it would be fitting, it seems to me, if some of those present would say some- thing to this body of people gathered here." I do not recall the number of Members who talked on that occa- sion, or who they were, excepting Judge Hardy, of Texas, and some two or three others, including Judge Wither- spoon. A more impressive occasion, it seems to me, would be hard to imagine. Standing there among the old furni- ture and chairs occupied by the fathers of our country and near the table upon which the Declaration of Inde- pendence and the Constitution of the United States were signed, and with the portraits of those great men ap- parently looking down upon us, and among those por- traits was that of his kinsman, John Witherspoon, was an experience that I shall never forget. I think it was the most impressive occasion of my life. Mr. Speaker, I am reminded that we too frequently put off making reference to those qualities we admire in our friends until occasions of this kind. It seems to me that it would be better if we could occasionally say a word of cheer to our friends while we are with them than to wait until they are gone and then say it in the presence of others; and on this occasion it affords me pleasure that I recall that during one of the fights which were being waged on the naval appropriation bill I took occasion to use the following language upon the floor of the House during the lifetime of Judge Witherspoon : Mr. Chairman, I hope to get great pleasure later in life out of things incident to my service in Congress. Chief among them are friendships formed while here, and among all the friendships formed here I count as one of the rarest and sweetest the friend- ship for and my association with one whom I regard among the ablest and most patriotic, as well as the purest in mind and soul — Judge Witherspoon, of Mississippi. I am not rebellious against that power that " doeth all things well " because of the taking off of those whom I [42] Address or Mr. Hensley, of Missouri love, though I sometimes am compelled to confess that I can not understand these purposes, and it is well, per- haps, that I do not understand them. I felt, and there are many others, no doubt, who felt as 1 did, that we needed Judge WiTHERSPOox. As said of Saul, " He stood a head above his brothers." He was a towering oak in the forest. In my opinion, not only his district and his State, but the Nation, in his death sustained an irreparable loss. Life: We've been long together. Through pleasant and through cloudy weather; 'Tis hard to part when friends are dear; Perhaps 'twill cause a sigh, a tear. Then steal away, give little warning; Choose thine own time; Say not good night, but in some brighter clime Bid me good morning. [43] Address of Mr. Callaway, of Texas Mr. Speaker : I have tried upon various occasions since I was notified that we were going to liave these memorial services to-day to write something respecting our de- parted friend, but I have not yet been able to do it. I may never be able to do it. On one other occasion 1 was unable to write anything about a deceased friend. He had stood by me and supported my ideals and policies from the time 1 was a boy. He died while I was away from home. I tried to write a letter to his wife, but I was never able to do it. And so it has been with respect to Judge Witherspoon. When I first met him in the Sixty-second Congress I was not so very much impressed by his general appear- ance and bearing. The only noticeable and striking thing about him on first meeting was the frankness, openness, sincerity, and tenderness that gleamed in his eyes. There was nothing in his general bearing or appearance other than the beauty of expression in his face that made you realize on first meeting that you were in the presence of one of the purest, noblest, tenderest, and sweetest charac- ters that it is ever the good fortune of any mortal to come in contact with in this life. He was as pure as a woman and as tender as a child. This was one side of this admirable and pure man; but there was another side which, when I knew him better, when I had seen him tried, and had worked with him, aroused in me the supremest admiration. He was fixed in his principles as the eternal hills, never questioning what the advantages or disadvantages of his position were to him politically; he was unyielding as adamant when a fundamental question was at stake, fearless as the im- [44] Address of Mr. Callaway, of Texas mortal Caesar in his stand for the right. He demonstrated conclusively his deathless faith in the ultimate triumph of right and justice by his unwavering stand on public questions, regardless of how unpopular that stand might seem to be. The question with him was always, " How will this matter affect the future of this Republic and the welfare of the masses, who ask nothing but the usufruct of their endeavor, who eat their bread in the sweat of their faces?" He was a real man. What he said was what he thought, what he acted were his convictions. He had neither sympathy nor tolerance for sham, hypocrisy, and make- believe. The patent saying of so many Representatives, " "What the people do not know will hurt them not," aroused him to righteous indignation. He believed in a democratic, representative form of government, respon- sive to the will and interests of the masses, but he knew the checks and balances provided in the Constitution of the United States by the forefathers of this Republic were necessary to prevent hasty and ill-considered action in times of upheaval or excitement. He stood an impreg- nable barrier against popular prejudice or passion when it threatened to overturn reason or dethrone justice. He knew human nature, he knew how subject it was to influence by interest, how it might be swayed by pas- sions, how it might be blinded by prejudices and momen- tarily swept from its moorings and carried far afield by false statements of facts, false logic, and shortsighted- ness; but he had an abiding faith in the common judg- ment and the common conscience, and he knew the masses of mankind would act right, if left free and unhampered in their actions, when the facts were all in and the conscience appealed to. He was truly a great man with a mind that saw through the sham and seeming of things— the real things them- [45] Memorial Addresses: Representative Witherspoon selves— with a soul that understood. Never in the history of our country was the need so urgent for men fearless as he was fearless, learned as he was learned, logical as he was logical, and forceful as he was forceful, to hold back the onrushing hordes seeking to break down the principles of this democratic Republic by taking advan- tage of the feverish state of the public mind and per- suading the people unwittingly to accept a policy of militarism before all the facts can be obtained and con- sidered. By the clamor of the press, by the organized effort of the powerful pecuniary interests, by the excite- ment and fright of many in the nervous, uncertain, and fevei'ish state of the public mind, the average Representa- tive is driven like chaff before the wind to accept what temporarily seems to be the popular demand, lest he pay with his political life for his devotion to the best interests of his countrj' before the settled and sober judgment can be obtained. Samuel A. Witherspoon was not made of such stuff. He accepted public office with its responsi- bilities and administered it conscious of the rectitude of his own purpose without regard to the political conse- quences to himself. Public office to him did not mean emoluments spelled with capitals, it meant opportunity to serve humanity. Emoluments of office and the honors attendant were incidents, the purpose for which he held office was to serve his country and his kind. He knew there was only one way a Representative could render such service and that was by knowing the questions he was called to pass upon and then exercising his honest judgment in passing on them. He knew he could not exercise the judgment of some one else, he knew he could not exercise the popular judgment of his district except as reflected in himself. The public could not know the subject as he knew it. It had neither the time nor the opportunity to understand [46] Address of Mr. Callaway, of Texas it that he had; it had not put the thought to it that he had. He represented their sentiments as in his heart of hearts he felt they ought to be, and he trusted they would see the correctness of his position as he saw it when he had argued it out with them. He was not awed by place and power. Fame did not appeal to him; he recognized that it was but the ephemeral dew on character's everlasting gold. He followed no man because that man was much esteemed by his fellows. The attitude on public questions of tlie man high up influenced him as mucli as — and no more than — the attitude of the humblest citizen. His mind was guided by the reasons given by each so far as their reasons appealed to liis judgment; so far was he influenced and no further. He knew his own motives and his own purposes, and he did not allow himself to be stopped short of the basic facts. He had perfect confidence in his ability to reason to right conclusions, and when he had reached a final judgment he had faith in it and held to it with a tenacity and fixedness of purpose rarely met with. Mr. Speaker, many here have spoken of the splendid culture of this great soul, of his ability as a lawyer, of the unerring logic of his mind and the eloquence of his tongue. 1 want to show if I can the brightest jewel in his crown of jewels — the key to his real character, to the steadfastness of it, the unpretentiousness of it. In my Judgment that key is revealed in his own words from a speech he delivered May 4, 1914, on the death of Elzie C. Fisher, who lost his life at Vera Cruz the 23d of April, 1914: Mr. Speaker, learning and intellect and eloquence and courage do not make the noblest acts of human beings. It is self-sacrifice that raises the act of a man to its highest point. He who gives his life for his country makes the nearest approach to the fulfillment of the divine command, " Thou shall love thy neiglibor as thy- self "; and the death of this ordinary seaman, by its very contrast [471 ]Memori.\l Addresses: Representative Witherspoon with the magnitude of his sacrifice, emphasizes and increases the nobility of his act. " Honor and shame from no condition rise; Act well your part, there all the honor lies." Judge Witherspoon said: It is self-sacrifice that raises the act of a man to its highest point. It takes greater than an average man to do that. Judge Witherspoon's whole service in the American Congress was a sacrifice of self for the public weal. He was a rare man — not imposing in his bearing, but a great, strong, de- pendable, and lovable character. [48] Address of Mr. Bailey, of Pennsylvania Mr. Speaker: It seems to nie that I would be untrue to the memory of that splendid soul, which, in the zenith of its power and in the verj' flower of its usefulness to humanity, was called to join the choir invisible if in some small way, at least, I did not remind those who are gath- ered here to-day of the sentiment which swayed the life of the friend who has gone before, and therefore I shall speak a word or two regarding the tie which bound me to the lamented dead. It was a tie of brotherhood, of common sympathy, of like purpose. When I became a Member of this great body in the Sixty-third Congress it was but natural that I should cast about me for men who felt as I feel touching some of the great questions with which we were called upon to deal; and it was not long before I discovered in the late Judge Witherspoon a soul responsive to my own in one of the most vital matters which have ever confronted the American people. Judge Witherspoon drew me to him by his hatred of war, by his hatred of the war spirit, by his merciless antagonism to that sham patriotism which finds expres- sion in the doctrines of force, by his masterful opposition to the propaganda of jingoism masquerading under the guise of preparedness. Perhaps there has never been a Member of Congress more thoroughly equipped than Judge Witherspoon for combating the monstrous false pretense against which he waged ceaseless battle. And just a few days before his death he wrote me from his home in Meridian to say that he was ready to renew the fray the moment the new Congress should enter upon its work. He had mastered the technique of ships and guns. He knew more than the experts concerning these matters. He was able to confound all their arguments. Ever^' plea 37673°— 17 i [49] Memorial Addresses: Representative Witherspoon they set up was a challenge to him which he was able to meet with an unerring answer. His value to this House and to the country it would be impossible to overestimate. The loss to us and to the United States which his death has caused I shall not attempt to set forth. Yet I feel certain that were he alive to-day his influence in checking the tremendous movement toward militarism would be felt from shore to shore. The man in whose memoi-y we are gathered to-day had a dream — a dream of peace. And — He whom a dream hath possessed knoweth no more of doubting, For mist and the blowing of winds and the mouthing of words he scorns: Not the sinuous speech of schools he hears, but a knightly shouting; And never comes darkness down, yet he greeteth a million morns. He whom a dream hath possessed treads the impalpable marches. From the dust of the day's long road he leaps to a laughing star. And the ruin of worlds that fall he views from eternal arches. And rides God's battlefield in a flashing and golden car. Yes; Samuel Witherspoon was possessed by a dream. And it was a splendid dream — a dream of a world at peace; of a world forgetting its old rancors, its old jeal- ousies, its old prejudices, its old blood lust; a world given to high ideals, to quiet labors, to constructive activities, to education, to the inculcation of love, to the upbuilding of all that is sweet and noble and fine in human life. He has gone before his dream has come true. But it will come true in God's good time; and all the sooner for this man having lived and having possessed it and been possessed by it. In all tenderness of affectionate regard for the memoi-y of one who wrought nobly while it was permitted him to work, I lay my humble tribute on his grave and join with all who knew and loved him in garlanding his tomb. [50] Address of Mr. Farr, of Pennsylvania Mr. Speaker : I did not intend to speak on this occasion, but I shall not forego the opportunity to indorse the splen- did tributes paid to Judge Witherspoon as just in every respect, handsome as they are. I early came in contact with Judge Witherspoon as a new Member of this great body and that feeling of sentiment which goes out to first-term men, one to the other, enhanced our relations. The announcement of his death was a great shock to me and I felt that a splendid, good, useful, honest, patriotic man had been taken from our midst. He was strong, able, kind, gentle, loving, and lovable. He gave from the bottom of his heart the best that was in him for humanity, and he got the best from humanity. A combative force, powerful, strong, he realized the great truth in tliis life that the empire we possess is within us and the responsi- bility is upon us to develop the powers wliich God has given us for the good of mankind. He was an honest man and I know that he was a kindly man. We served on the Committee on Naval Affairs. We disagreed, 1 verj' ma- terially from him, but he was tolerant and kind, as all strong, capable men are. We disagree frequently on this floor, but through those differences clearer distinctions arise and better results follow to the people. Personal misconceptions arise in this large body through lack of opportunity to really know each other. In this connection it is pertinent to recall a colloquy said to have taken place between Samuel Johnson and Oliver Gold- smith. They were walking along the street one day, and Johnson, looking across the highway, said. " I hate that man over there." The genial, warm-hearted Goldsmith, [51] Memorial Addresses: Representative Witherspoon turning to Johnson with much surprise, said, " Johnson, you do not know that man. Why should you hate him? " Johnson replied, " That is the reason. If I did know him I would love him." Many of us had the great privilege of knowing Judge Witherspoon, and I do not tliink any man in this House had ill feeling toward him. Indeed in my time here no Member had more warm, earnest, understanding friends than he. [52] Address of Mr. Brumbaugh, of Ohio Mr. Speaker: While in attendance at church this Sab- bath morning a colleague informed me that memorial exercises were being held in the House of Representatives in memory of our late departed friend. Judge Wither- SPOON. As soon as 1 could conveniently do so, I left that place of worship and came to this Hall, which to us all on this occasion carries with it all the sacred feeling that a place of worship could signify. I wanted to attend these exercises simply in order that by my presence here I might pay my tribute of love and respect to my friend's memory', whose friendship I enjoyed and whose char- acter I admired. Since coming into the Hall I have been requested to speak a word on this occasion. It is a pleasure and labor of love to comply with this request, although I regret greatly that I did not know of these exercises before coming, so that I might have had time to prepare some remarks that, in a feeble way at least, would be partly indicative of my high regard and warm personal esteem for Judge Witherspoon. In life Judge Witherspoon was a likable, lovable char- acter. To those who did not enjoj' the pleasure of his acquaintance he ma^' have seemed stern and severe, but to those to whom he gave his confidence and friendship, while he was always all that a true man should be, yet he was as genUe as a child. 1 had the pleasure of living with him for almost two years. We both resided at the same hotel in the city, and I came to know him well and to admire and love him greatly. It was always a pleasure to me after a hard day's work to have the opportunity to draw my chair up by his side and to enjoy the rare pleasure of his society, wisdom, and scholarship. Judge [53] Memorial Addresses : Representative Witherspoon WiTHERSPOON was an exact man and a finished scholar. We used to love to exchange quotations from Shakes- peare, the poets, and the old masters. I soon observed that when he quoted from Shakespeare or the classics he would not quote something about like the masters wrote it, but he quoted it in the exact words they used, and this was characteristic of his information on all lines. It was exact, precise, and thorough. Judge Witherspoon was a man of striking personality, a personality that left its impress upon all whom he met. From my boyhood days I have carried in my mind certain pictures such as we all love to carry, certain pictures of unique characters of whom we have read but never seen. I had read much in books about one delightful character commonly termed the typical old southern gentleman. but I never met in the flesh a man who just filled that picture in my mind until I met Judge Witherspoon. No one could know Judge Witherspoon without feeling that here was a man who filled to overflow the great measures of life, honor, faithfulness, and loyalty to a principle. I once said to him when he was relating some of his law experiences, "Judge, were I friendless, a stranger, innocent, and in trouble I should ask no greater favor than to have you either for the prosecutor or for the attorney in charge of my defense." As prosecutor I be- lieve that justice would be mingled with mercy and that nothing could induce him to go beyond that limit. His nature was tempered with sincere love for his fellow men and he could look at their frailties with an eye of pity. Everyone who knew Judge Witherspoon had the most profound regard for him in every way, because he pos- sessed all the great elements that go to make up true character, and at last, gentlemen, character is the one real essential of life. All other attainments fade and perish, but character shines on. When the greatest posi- tions and attainments are forgotten character still sur- [54] Address of Mr. Brumbaugh, of Ohio vives. It is the one thing that is immortal, tliat lives on bathed in immortality. When I first heard of his sudden death I could not have been more surprised and shocked to hear of the death of anyone outside of a near relative than I was when I heard of the death of Judge Witherspoon. I said of him and about him to a friend, here was a man like a tall oak in the forests that had fallen that towered above the ordi- nary man among his fellows, and I said of him and about him, he has so left the noble traits of his character im- pressed upon his fellow men that his influence will be like that of the shepherd of King Admetus : And after he was dead and gone, And e'en his memory dim, • Earth seems more sweet to live upon, More full of love, because of him. So shall we think of him in loving remembrance as having left to us a rich heritage of faith and courage for all the years to come. Death takes us by surprise And stays our hurrying feet; The great design unfinished lies. Our lives are incomplete. But in the dark unknown Perfect their circles seem. Even as a bridge's arch of stone Is rounded in the stream. So when a great man dies. For years beyond our ken, The light he leaves behind him lies Upon the paths of men. Garlands upon his grave. And flowers upon his hearse, And to the tender heart and brave The tribute of this verse. [55] Address of Mr. Lobeck, of Nebraska Mr. Speaker : We are gathered here to-day to show our love and respect for our dear departed colleague, the Hon. Samuel A. Witherspoon. It was my great pleasure to personally become ac- quainted with this splendid man. For a time we lived at the same hotel, and therefore we were much together, walking to and from our daily duties. In these walks through the beautiful grounds of the Capitol, we talked over the affairs of the day, of the needs of our country, of our people, and our loved ones at home. In our conver- sation about our homes his uppermost thought was for the comfort of liis loved ones, which, to my mind, shows the vei-y best traits in a man, for when the husband and father has the welfare of his family uppermost in his mind, I know that he is a manly man, a dear husband, and a loving father. We talked about our people. He would tell me of his affection for the people of his district and in turn I would tell of my people, and no Congressman was more true to his constituency than Judge Witherspoon. Again our conversation would be on the needs of the people, of the needs of the Nation, of our duties to them as Members of Congress. Judge Witherspoon's opinions on legislation were of the highest order. I did not always agree with him as to methods of legislation, but I de- lighted to hear him state his \ievjs, for I was benefited by them. He made a close study of legislation and we eagerly listened to his views, for he had studied the sub- ject on which he would express an opinion. In oratory he excelled; his speeches on the flag were marvels of diction and rarely excelled by any Member. [56] Address of Mr. Lobeck, of Nebraska He gave special study to the defense of the Nation. His addresses on the needs of the American Na\y were prob- ably the best prepared by any Member in Congress in many years. He had given the subject the most earnest and careful study and research, and his remarks were listened to with greatest respect because of his intimate knowledge of the subject. I became a Member of Congress at the same time with Judge WiTHERSPOON, and from the very first he com- manded my admiration and respect, which grew into a lasting friendship. I had not heard of his illness, and the day the news came that Congressman Witherspoon was no more, to me it came as a personal loss. I felt that a dear friend had gone away to be with us no more. I said " no more " — no, no, I do not mean that — as long as mem- ory shall last. Judge Witherspoon will be with me in spirit. His kindly face comes to me again and again. I remember his friendly advice, and it spurs me on to live a better life, to lend a helping hand to my fellow men, to love and give my very best efforts to my loved ones, to be a manly man in all the words imply. No longer is Judge Witherspoon with us, but his memory is dear, for it leads us that knew him to better thoughts, to higher ideals of living. "My niemorj' of Judge Witherspoon and his char- acter recalls the words of Channing, who once wrote : The greatest man is he who chooses the right with invincible resolution; who resists the sorest temptations from within and without; who bears the heaviest burdens cheerfully; who is calm- est in storms, and most fearless under menace and frowns; and ■whose reliance on truth, and on God, is most unfaltering. Judge Witherspoon fully measured up to this tribute of great men, and he will ever be remembered by his asso- ciates and neighbors as a high-minded, pure, and strong man. [57] Address of Mr. Rainey, of Illinois Mr. Speaker: I gladly accept this opportunity to pay my last tribute of respect to the memory of my friend. I knew Judge Witherspoon better than most men. Early in his career as a Member of this House 1 learned to respect his sterling honesty and his conscientious ad- herence to duty as he saw it. In all his acts, whether as a Member of this body or as a practicing lawyer, as a citizen, as the father of a family, he consulted first of all his conscience. He was in all the emergencies of this life an honest man. And I have often thought that if after I have passed through the doors of this life into the great beyond men could say this of me, they would be paying me the highest possible compliment. He was splendidly endowed by education, by inherited tendencies, and culture for the duties of the life which it seems to our human minds has been closed all too soon. In all the circumstances of this life he discharged his full duty to his countiy, to his district, to his State, to his com- munity, to his family, to himself. To-day over his grave in the far-off Southland the warm breezes of spring are blowing. May the winds of winter blow soft and low where he lies, may the earth rest lightly always upon the heart of Samuel A. Witherspoon, of Mississippi. His was a busy, active life. In this world of men he was a man, brave, honest, true. The stars do not go down — they only rise on another shore; they shine somewhere always, bright jewels in the great dome of heaven. The flowers fade and pass away, the leaves fall, but they are not dead; they only wait through cold wintry months the coming again of the sun and the sweet, warm breezes of spring. [58] I Address of Mr. Rainey, of Illinois There came a time in his busy career, the time which sooner or later comes to all of us, when the tide is low — the time when the night comes down and covers with its dark curtains the day, while from far out on the cold waters of the unknown sea is heard the call of voices. In the silent hush of the pale twilight he sailed away through the purple shadows out on the ebbing tide of the unknown sea on toward the far-off mystic isles where in a safe anchorage lie the craft of those who have gone before. Our friend is not dead; he has but passed through the clouds and the mists which envelop the day; he has en- tered into the newer and larger life on the unseen shore beyond the unknown sea. [59] Address of Mr. Collier, of Mississippi Mr. Speaker: We have assembled here to-day to pay a tribute of love and respect to the memorj^ of our de- parted colleague, the late lamented Samuel Andrew WiTHERSPOON. It was my good fortune to become intimately acquainted with Mr. WiTHERSPOON, we both having lived at the same hotel for several years. My acquaintance with our late colleague began when he first came to Congress, and it soon ripened into a sincere friendship, which lasted until his death. Judge Witherspoon was a unique figure; an able lawyer, possessing a keen, discriminating, analytic mind, he yet was in some respects a dreamer and a poet. He was one of the closest reasoners I have ever known. Once the premises were admitted he would irresistibly reach a conclusion. In arguing with him, to admit a single one of his premises was to court defeat. The safest plan was always to enter a general denial. His moral courage was superb. I have never known anyone in public life possessed of more courage than he and as fearless in expressing his opinion on the floor of the House. Whether a measure was popular or not was a question that never entered Mr. Witherspoon's mind. He never paused for a moment to reflect what conse- quences his vote might have upon his own political for- tunes. Having decided views on every public question, there was no middle course that he ever traveled. What he believed to be right was the only standard bj' which he measured his expressions in the House and to the country. When there was a great clamor for Federal appropria- tions for good roads, and a bill to appropriate aid to nearly everj' rural route in the United States came up for final passage in the House of Representatives, Mr. [60] Address of Mr. Collier, oi- Mississippi WiTHERSPOON, standing upon his ideals of local self- government, cast prudence to the winds and voted against the appropriation. Perhaps the strongest advocate of prohibition in a dele- gation where all are in favor of State and National prohibition, he again stood upon his ideals of local self- government and opposed the Hobson amendment, though none knew better than he how his position, both at home and abroad, would be misconstrued. Powerful in debate, subtle in argument, rich in infor- mation, and analytical in his conclusions, he always had an audience when he addressed the House, commanding alike the respect and interest of all who heard him. I have frequently made the statement, and I still believe it to be true, that Judge Witherspoon knew more about the details connected with the American Navy than any other man in public life. Though a Member of the House for less than five years and coming here with perhaps the only information on naval subjects that a busy man, engaged in a lucrative practice of law, who spent his leisure hours in study, could have obtained, his information was mar- velous. Whether it was about the number of guns on a battleship, the thickness of the armor plate of a dread- naught, the speed of a cruiser, the number of officers or men, the size of the various guns, the distance they could effectively shoot, the intricacies of target practice, the comparative strength of the different navies of the world, the formation of a fleet in battle, the cost of the ships and their equipment, the time when they were built, their tonnage and displacement, the amount of work in differ- ent navy yards, or any other detail connected with naval affairs, he was thoroughly informed and could answer any question asked him. It seems almost incredible that in the short space of five years Mr. Witherspoon should have become an acknowledged authority on such matters. [61] Memorial Addresses: Representati\'e Witherspoon Mr. Witherspoon was an orator of no mean attain- ments. There has seldom been in the House of Repre- sentatives a greater demonstration of approval than that which followed his speech for the preservation of the captured flags. Not only was there a stupendous burst of applause at the conclusion of his tribute, but Members on both sides of the House rushed over to him and ex- tended their congratulations. I am going to read you a few sentences from that speech : When these flags were exhibited to the committee and I saw their torn and tattered fragments struggling, as it were, to hold together and apparently breaking asunder, like the sunlit shreds of a cloud whose glory is about to depart forever, I was unwill- ing to say by my vote that those fading emblems of the national glory, those neglected tokens of a splendid heroism, those sacred rags of an unconquerable Navy, were not worth the cost of their preservation. If it be difficult to justify this expenditure, it is impossible to excuse an assent to the impending destruction of these flags. Written all through their precious folds there are lessons which we can not afford to forget, there are memories which we can not afi"ord to dim, and there are hopes which we can not darken without shutting out the very sunlight of our future. These flags tell us of a day when the public good was held high above private gain, of a day when American heroes hastened to surrender and to sacrifice position, place, property, reputation, and life itself for the public good, and when they were never seen rushing with open hands into the open Treasury, when the value of noble deeds and public victories were not measured in dollars and cents. They tell us of a day when the essence and the glory of the Union were that all the States were equal and when geography, but not sentiment, divided our country into sections. Equally beautiful was the tribute he paid the American flag before the Society of the Sons of the American Revo- lution. He said: And no further discussion or argument is needed to-night, for all that I have said or could say is more beautifully and eloquently [62] Address of Mr. Collier, of Mississippi written and expressed in the precious folds of the glorious tlag presented here in your presence. The white stripes, said to be bleached with the Nation's tears, teach mankind that peace on earth and good will to all men is the policy of our Government, while the red bars are the sacred emblem of the heroic blood which the fathers of the Revolution shed from Canada to Georgia as the purchase price of our liberties and happiness. The stars of the flag mark the number of sovereign States, and in the sublime language of heaven itself give us the assurance that no more will the people of any community in our country ever be deprived of the blessings of local self-government, while their glorious cluster in the corner of our emblem of liberty teaches the lesson that the American States are bound together in a Union established for the preservation of liberty. And if you want to know how long those stars will continue to shine with the stars of heaven and how long that union will fill the object of its formation, the flag answers back that those stars are clustered together in the background of blue which never changes. The tints on the cheeks of the flowers disappear in the withering of the petals; the crimson glow of the sunlight in the frowning cloud is fleeting and short; the beautiful green with which nature robes her leaves and grasses must soon change to the colors of decay and death; but when God created the heavens He painted the sky with His own fadeless blue, and the paint brush, dropping into the deep, wide sea, gave it the same immortal hue, and the blessed song of the flag is that so long as the skies above us and the seas around us refuse to change their fadeless color so long will the Stars and Stripes wave in triumph over the land of the brave and the home of the free. These lofty thoughts and patriotic utterances conclu- sively demonstrated Mr. Witherspoon's capacity as an orator. The world is better off that Mr. Witherspoox lived. He has passed away and his voice will be heard no more upon the floor of this House. His gentle smile and friendly handshake are gone, never to return, but his winning personalit>-, his rugged honesty, and his ster- ling worth will long be remembered by all who knew him. He lived a good life and trod with unfaltering steps the paths that lead to rectitude and honor. His faith was [63] Memorial Addresses: Representative Witherspoon sublime; it was founded upon the rock of ages, and when the dread messenger appeared to Mr. Witherspoon he " went not like the quarry slave scourged to his dungeon, but sustained and soothed by his unfaltering trust, ap- proached his grave like one who wraps the drapery of his couch around him and lies down to pleasant dreams." It was my melancholy privilege to be present at his funeral. The business houses of the city of Meridian closed their doors in respect to his memory, and the sor- rowful crowd which gathered in the Presbyterian Church, the funeral cortege which accompanied his remains to the cemeterj', the wilderness of flowers laid upon his bier, and the look of sorrow and distress upon the faces of all who gathered in that silent city of the dead to pay their last tribute of respect and love to the memorj' of this good man attested the real esteem and worth in which our colleague was held by his fellow townsmen. Judge Witherspoon was my friend. I was a frequent visitor to his office, and we have had many discussions over public questions. While we widely differed in our views upon many of these questions, yet on the great sub- ject of Federal taxation he and I were kindred spirits. We thought alike about this question, and I feel indebted to him for the many valued suggestions that I received from him, who had a thorough understanding of the subject. Grateful people have throughout the ages erected lofty and imposing monuments commemorating the life, the character, and virtues of their illustrious dead. These monuments are inspirations to generations yet to come, lifting them to a higher plane and leading them to a better life; but greater than memorials of marble and bronze, more than fame and wealth, is the example of one who bequeathed to his family and his friends the priceless legacy of an honored name and the memoiy of a life filled with earnest deeds. [64] Address of Mr. Kitchin, of North Carolina Mr. Speaker: It is a genuine pleasure to join with his friends in honoring to-day the memorj' of a man whom I admired and loved. I knew our deceased friend perhaps as well as any man in Congress did. During his entire service as a Member of Congress we lived at the same hotel. I knew him in his private room; I knew him in the assembly room, in the smoking room of the hotel, where every night a half dozen or more Members would gather for a social exchange of views. I knew him in the cloakroom, in his otfice, in my otEce; I knew him on the floor of the House. I have been a Member now 15 years, and presume that during that time I have served with from fifteen hundred to two thousand Members of Con- gress. Of all that number Sam Witherspoon stands out in my mind as one of the rare, marked men. I am going to say here when he is dead what I have often said while he was living, that in many respects he was the superior of any man with whom I have ever served in Congress. Witherspoon had more courage of conviction than any Member whom I have known. His conscience and judg- ment blazed and marked out for him the path of duty, and down that path he would walk more steadfastly and with less swerving than any man with whom I have served. He had the most analytical mind of any man in the House. His perceptions and conceptions of the different principles involved in every question were clearer, he could set out the lines of demarcation with more definiteness and ac- curacj% than any man with whom I have served. Wither- spoon was a man of unusual ability. He was a thinker, a profound thinker; a student, a diligent student. He was a philosopher, wise and interesting; he was a logician, 37673°— 17 5 [65] Memorial Addeiesses: Representatin'e Withersfoon unexcelled. He measured up fully to the standard of statesman. As has been indicated here, he sometimes voted quite differently from many of his colleagues, from myself, from his colleagues from Mississippi. Often, in the even- ings in the smoking room of the hotel, 1 would hear gentle- men discussing with him why he voted this way or that way. While I have sometimes thought he voted wrong, I have never heard anyone give as good reason why he was wrong as Witherspoon could why he was right. I have discussed his vote with him sometimes, and I had to quietly confess to myself that he had a better reason for voting the way he did than I could give why he should have voted the other way. He had as little of the dema- gogue in him as any man I ever knew — he had none at all; he had no hypocrisy about him; he was not a court- ier; he was not a bellboy of any man's opinions; he took orders from no man. His convictions were his own, and they were formed only after the most mature study and thought. He never jumped to conclusions. He never asked with respect to a single vote he cast in this House, Will it hurt or help me in my district? He never asked with respect to any measure. Will it pay? The only ques- tion he ever asked was. Is it right? And when Wither- spoon was convinced that it was right, he so stood, and he so voted, absolutely regardless of consequences. He was not an orator in the sophomorical sense, but he was a real orator, because he always had something to say, and he knew how to say it; he always enlightened the audience; he was always master of any subject he undertook to discuss. He never discussed any proposi- tion upon this floor when he did not have the undivided attention of everj' man. Republican or Democrat, because everj^one knew that Witherspoon had something to say worth hearing. [66] Address of Mr. Kitchin, of North Carolina He made no play at rhetoric; he made no attempt at eloquent periods. He held attention and asked for judg- ment, not by appeals to prejudice, or passion, or senti- ment, but by appeals to the cold, calm reason of those who heard him. And yet I heard him make the most elo- quent, the most delightful, the most charming 10-minute speech that I ever heard on this floor. He spoke in favor of an appropriation of .1^30,000 for the repair and preser- vation of 136 old flags captured by the American Navy in conflicts with other navies. There was some opposition. WiTHERSPOON, standing just where Mr. Harrison now sits— I was sitting by him — seemingly without effort or pre- meditation, and altogether impromptu, delivered that most charming speech, which we, who were fortunate enough to hear it, will never forget. When he concluded practically every man on the floor on both sides of the aisle gathered about him, with words and handshakes of congratulations and commendations. For several min- utes he was given an ovation. Some minutes afterwards, when the enthusiasm of the House had subsided and other business had begun, the ex-Speaker of the House, Mr. Cannon, of Illinois, came over here and, looking around, came up to me and said, "I am looking for that Mississippi man who made that speech a moment ago. I just want to shake his hand, for that was one of the most delightful talks I ever heard in this House." I told Mr. Cannon that he had gone out into the Speaker's lobby. Mr. Cannon walked out to the lobby. I saw him shaking hands and congratulating Witherspoon. He told me afterwards that Mr. Cannon's seeking him out to congratulate him and what he said to him was the greatest compliment he had ever had paid him since he had been a Member of the House. I was with Judge Witherspoon a part of the time almost every day while he was in Washington. I never heard [67] Memorial Addresses: Representative Witherspoon liim utter one sentiment or one word that could not with propriety' be uttered in the presence of a lady. He was a clean and pure man. He never had a low thought or a little sentiment; all of his thoughts and all of his senti- ments were big and high and ennobling. He was a Chris- tian gentleman, clean in word, in thought, in conduct. Some of us will live a long time, and some of you will be Members of the House many years, but it will be a long time before you will see again in this House or elsewhere his like. He was a typical man, a typical Representa- tive, of character, of integrity, of courage, of sincerity, of ability, of patriotism. He possessed every virtue of a well-rounded gentleman, Christian, and statesman. My friends, it has been a real, genuine pleasure to speak these simple words of tribute to a man whose friendship, confidence, and esteem I shall always be happy to know 1 possessed. Hail, once more, Sam Witherspoon, my friend, good and true, loved and admired, and farewell forever till we meet again on the farther shore. [68] Address of Mr. Stephens, of Mississippi Mr. Speaker: My acquaintance with Mr. Witherspoon was limited to his term of service in the House. Each of us came to this city as a new Member of Congress at tlie beginning of the Sixty-second Congress. Coming from the same State, it was but natural that we should soon meet. We became friends and spent much time together. I learned to admire, respect, and love him. I shall speak briefly of those things in his life and character that inspired the sentiments to which reference has just been made. Samuel Andrew Witherspoon was truly a great man, a rare man — rare in intellect, in courage, in nobleness and strength of character. His was a giant intellect. A student all his life, his mind was trained and stored with information on many subjects. Indeed, the fullness and maturity of his intel- lectual powers were the admiration of all who knew him. Having the faculty of graphic clearness and strength of statement, having a power of analysis and logical force rarely found, and being able to center all his forces upon the question at issue, he was a power in any cause that he championed. These things, together with a sincere earnestness, made him an interesting and entertaining speakei-, whether one agreed with him or not. His powers of logical analysis were so great that if his premises were admitted his conclusions were well-nigh irresistible. Although he was not much given to speaking here — I think he made only about a half dozen speeches on this flooi' — he was recognized as one of the strongest men in this body. He was always listened to with great interest, for ever>-one knew that he never spoke unless he had something to say that was worth the saying. [69] Memorial Addresses: Representative Witherspoon I shall not dwell longer upon this phase, because indis- putable proof of his intellectuality are written on the pages of the law books of his State, where he practiced law for many years; and in the records of Congress, in speeches, in reports prepared in the course of his com- mittee work, and in the examination of witnesses before the Naval Affairs Committee, where he displayed a most wonderful grasp of the details of all matters relating to the Navy. Then, there are other elements in his character that are higher, nobler, and more important than mere intellect. A great intellect is a priceless possession; the ability to clothe thoughts in burning words, winged as it were with lightning, is worthy of admiration; but these things are of little real worth unless the man possessing them have a soul which loves truth and accepts it. I never knew a man who adhered more closely to a high standard. He loved Goodness because it was good and Truth because it was lovely. To everj- question he applied the straightedge of Truth, of Righteousness, of Justice. His conduct was always actuated by the loftiest motives. The love of duty was stamped upon his soul as an eternal truth. He may have believed in the old maxim that "Honestj' is the best policy"; but thjs was not what caused him to be honest. He was so from principle and habit. With a soul enkindled with enthusiasm for what is good and noble, a mind aglow with truth, a heart filled with love for mankind, an eye that shone bright with honor, a look that bespoke freedom, manliness, and veracity, and a bearing that declared him brave, frank, generous, and true, anyone who saw him could tell that he was a man. Everj'one was impressed that, though he [70] Address of Mr. Stephens, of Mississippi might make mistakes through error of judgment, it was absolutely impossible for him to be mean or little. Although he differed, violently at times, from many of his associates, yet his sincerity was never questioned, but all admired his candor and courage of conviction. If he had lived in the days of the Knights of the Round Table, he could have subscribed to the oath that Tenny- son represents them as taking: To reverence their conscience as their king. To break the heathen and uphold the Christ, To ride abroad redressing human wrongs, To speak no slander, no, nor listen to it; To honor his own words as if his God's, To lead sweet lives in purest chastity; To love one maiden only, cleave to her; To worship her by years of noble deeds. Not only to keep down the base in man. But teach high thought and amiable words And courtliness and the desire of fame And love of truth and all that makes a man. He had caught the vision of true greatness — that it lies in nobility of mind and goodness of heart, as well as in illustrious deeds. Greatness without goodness is a myth. Position, place, power, all dwindle into insignificance when compared with the emotions of a heart filled with love of justice, mercy, and truth. Back of everything great must be a heart, a conscience, a conviction. If a Christian is one who is restoring God's likeness to his character, our friend was one. No dishonorable act detracts from his fame; his hands were clean and his in- tegrity incorruptible. It was the dying boast of Pericles that he never made an Athenian weep. It should be a matter of pride to his family that no friend of Mr. Witherspoon ever blushed or hung his head in shame because of an ignoble word or deed of his; that no one can be found to reproach him for [71] Memorial Addresses: Representative Witherspoon ingratitude or who can say that he ever failed to discharge in full measure any obligation. He locked his lips too close to speak a He; He washed his hands too white to touch a bribe. One thing that impressed me as much as anything in his character was his love for humanity. His great heart went out to the poor, crushed to earth by privation and sorrow. The tides of love for his fellow man ran with mighty pulsations through his soul. The greatest ambition of his life — and no man can have a nobler ambition — was to be of real service to mankind, and he was never passive or indifferent when some legis- lative wrong was about to be committed, as he believed, against the interests of the people. His was a genuine affection for the common people; and he was always ready to aid them in the passage of legislation which their conditions demanded. Although thus active in their interest, no one ever heard him utter a word of flattery or ever knew liim to do any act that in the remotest degree approached the appeal or the conduct of a demagogue. Frequently we hear men declaim in eloquent words about the rights of the people and their great love and affection for them, and we doubt their sincerity. But when Mr. Witherspoon spoke in the interest of the masses, no one doubted him. 1 have talked with him frequently in the privacy of his ofTice about matters of legislation and its effect upon the people of the Nation; and when he would remark upon the condition of those who did not have even the necessities of life, I have seen his eyes fill with tears and his voice choke with emotion. Many men may have accomplished more to relieve the poor, the dis- tressed, the down-trodden, the heavy-burdened of earth, but no man ever possessed greater sympathy for such. [72] Address of Mr. Stephens, of Mississippi Although it does not relate exactly to the subject that I have just been discussing, I shall refer to an incident that came under my observation. Mr. Witherspoon had defeated Hon. Adam Byrd, who had been a Member of Congress for several years. They had engaged in a heated campaign into which the bitterness of factional and par- tisan politics had entered. Two years later Mr. Byrd announced as a candidate against him. One day, a few months prior to the election, Mr. Witherspoon came into my office with a telegram in his hand. I noticed that he was very much distressed. Com- ing up to me, he said " I have just received bad news." I asked him to tell me about it. Hesitating a moment because of emotion, he then said, while tears were flowing from his eyes, " Poor Adam Byrd is dead." Reference has been made to this as illustrative of the great, tender heart that throbbed in his bosom. Ready a few minutes before to go out and do battle with his political enemy with all the vigor that he possessed, now that he was still in death the strong man was overcome and any feeling that he might have had against Mr. Byrd was instantly forgotten, and such a feeling of sympathy and sorrow swept over him that it caused him to weep. To me it was the strongest evidence of a kind, sympa- thetic, and great heart. Mr. Speaker, the philosophy of life entertained by him has been splendidly expressed by one who said : " The end of all worthy struggle is to establish morality as the basis of individual and national life, to make righteousness prevail, to make justice reign, to spread beauty, gentle- ness, wisdom, and peace, to widen opportunity, to in- crease good will, to move in the light of higher thoughts and larger hopes, to encourage science and art, to foster industry and thrift, education and culture, reverence and obedience, purity and love, honesty, sobriety, and dis- [73] Memorial Addresses: Representative Witherspoon interested devotion to tlie common good — this is the patriot's aim, this his ideal." He was intensely patriotic. A Democrat believing in the great fundamental principles of Thomas Jefferson, he struggled all his life for their exemplification, believ- ing that only in the working out of those great principles could our Nation measure up to its highest destiny and the people receive the highest good. If he failed to keep step with many of the so-called progressive movements of the day, if he refused to align himself with the political fads and " isms " that seem to be the order of the day, it was not from any lack of patriotism. It was because he believed in the Constitu- tion and was convinced that if the principles of Democ- racy as set out by Jefferson, which he had taken as the rule and guide of his political faith, were put into prac- tical operation and effect, within the limits of the Consti- tution, that was all that the functions of government could do to make a people happy, contented, and pros- perous. He was jealous of any encroachment of rights under the Constitution, and especially in regard to the powers of the States. The doctrine of " State rights " was sacred. He believed that under the Constitution this is a union of sovereign, indestructible States, with the right in each to control all domestic questions and conditions, such as labor, education, domestic relations, preservation of order, good morals, encouragement of industry, and the protection of people in the pursuit of happiness and the enjoyment of life, liberty, and property; and that the only dut}' of the Federal Government was, under a strict construction of its delegated functions, to perpetuate an indissoluble union for the general good. A tribute to the memory of Mr. Witherspoon would be wholly incomplete unless reference was made to one of [74] Address of Mr. Stephens, of Mississippi his most striking characteristics, his courage. I do not refer to physical courage, although he had an abundance of it. However much we may admire physical courage, it is not comparable to moral courage. Men may fight for various reasons, out of pride, out of necessity, out of meanness of spirit. Moral courage is that boldness to do right, to do that which ought to be done, without any regard to the effect upon one's self. He possessed courage of conviction in the highest de- gree. I never knew a man who was so willing to sacrifice himself for his convictions. It has been said that " God hates a coward." If this be true, then He must have loved S. A. WiTHERSPOON with an overwhelming love, for a more courageous man never lived. His courage was of the kind that caused the martyrs of old to suffer death for their convictions. Love of power and position is a controlling force with many. It was not so with him. He would have sur- rendered his office in a moment rather than vote for any measure that he did not believe to be right. He loved his party, but he did not worship it to the extent that he was willing to follow it whether it was right or wrong. He was not a good partj' man in the sense that he was willing to follow the dictates of so-called party leaders. He reserved the right to think for himself. Loving his party as he did, he believed that it was an agency through which just laws could be enacted and governmental aflairs administered for the common good; but when, in his judg- ment, it failed to serve this purpose he never failed to decline to follow its behests. After earnest, thoughtful consideration of a question he would make up his mind, and he always exercised his judgment, never yielding to the command of a caucus, or any other authority. By many this was considered a fault; but calm, cool, reflection will lead us to the conclu- [75] Memorial Addresses: Representative Witherspoon sion that independence of thought and courage of convic- tion are virtues to be admired, if not always commended. Andrew Jackson once said : I would not dance before the Throne of Power for the Throne itself. This was the spirit of our lamented friend. The waters of political oblivion might have been surging around him and tlireatening to overwhelm and engulf him as the waters of the Red Sea the Egyptians, and he would have voted his convictions without any regard to those condi- tions. An effort by any man to change the revolutions of the sun would be no more futile than an effort to cause him to act contrary to his convictions. Mr. Speaker, I loved him for his magnificent courage. In all my acquaintance with him I never detected but one defect in his character. He was impatient of contra- diction and sometimes spoke too harshly. This was not due to egotism, stubbornness, or a desire to offend; but was due simply to a quick temper, a strong will, and the fact that his own opinions were so thoroughly fixed and, to him, were so clear and apparent that he had no doubt as to their correctness; and he simply failed to make proper allowance for the opinions of others. Everyone knew his gentlemanly and generous impulses. Therefore no one took offense at his outbursts of temper, as they knew that no offense was intended. His fault was single, his virtues many, so the fault was easily excused. Mr. Speaker, it will always be a matter of pleasure to me that I had the opportunity to become so intimately acquainted with such a man. One whose passion was the love of his fellow men, whose eloquence was the inspiration of justice, whose hope was human freedom, and whose logic fixed its steady gaze upon the star of truth; one who did right with compelling insistence and [76] Address of Mr. Stephens, of Mississippi who was not afraid tliat he might do wrong — a malady none too seldom found among those who are not sure of their approaches, who distrust themselves and stand with reluctant feet, holding action in subjection, on the very threshold of duty; one who, amid all the trials and tribu- lations, the vexations and vanities of a long life, Had kept The whiteness of his soul. [77] Address of Mr. Harrison, of Mississippi Mr. Speaker : There are occasions in human experience when the heart so overflows with sadness that it is diffi- cult to find or employ proper expression to convej' our feelings or thoughts. 1 have listened with interest and pride to the splendid eulogies so eloquently delivered in this Chamber to-day. I rise now with embarrassment, cognizant of my inability to render appropriate eulogium upon the life and character of our departed colleague and the friend to whom we all were so devotedly attached. When the news of his death flashed over the Nation I happened to be in the city of New Orleans, and it came to me so suddenlj' that I was inexpressibly shocked and could not believe it true. Sam Witherspoon dead ! Taken from us just when opportunity for a larger usefulness than he had previously enjoyed opened with such assured promise before him — the opportunity which he had so in- dustriously and painstakingly prepared himself for. His splendid talents were not long employed in the public service, and yet in so short a time as a representative of his people in this body he had impressed his character and ability not alone upon his colleagues here, but upon the people throughout the Nation. His greatest reputation in this House was made in con- nection with his work on the Naval Affairs Committee. Like all subjects that engaged his attention, he recog- nized no bounds within which to confine his investiga- tions; he knew no limit within which his labors might be restricted. I never knew anyone who loved work more and obtained greater satisfaction and pleasure out of it than did our departed colleague. The predominating qualities of the man were unsurpassed analytical powers, [78] Address of Mr. Harrison, of Mississippi unyielding courage, and untiring industiy. He never spoke on any question unless his heart was in it and until he had thoroughly prepared himself. And with his splen- did intellect, sincerity of purpose, and thoroughness of preparation he naturally forged himself to the front as one of the really great men in this House. As a speaker his manner was pleasing, his voice was musical, and as a debater on the floor of this House or before courts or juries or on the hustings in his native State, by the force of his marshaled facts and thi-ough his matchless, persuasive eloquence, reenforced by the strength of his irresistible logic, he swayed his hearers, inspiring confidence in those who agreed with him and silencing those who opposed him. But his reputation in this House is not builded alone upon his speech relating to the Navy, for no greater ovation was ever tendered any Member on this floor than the one accorded him at the close of his speech champion- ing the appropriation for the preservation of the torn and tattered flags of the Revolution. That speech was delivered at a most opportune time. Scintillating with pathos and patriotism, it aroused the membership of this House to the highest degree of enthusiasm and created a sentiment on this floor that found its fruition in the passage of the appropriation measure practically unani- mously. I shall never forget the scene. He followed a gentleman from the South who opposed the appropria- tion, and with all the feeling that it is possible for a man to arouse in himself he played upon the hearts of his colleagues; and with burning words of eloquence he held them enthralled, and the whole House was lost in the seductive influence of his overpowering personality. As he pictured the old flag as only he could picture it, I saw old men and young men on both sides of that aisle lose themselves in the bewitching charm of his eloquence and [79] Memorial Addresses : Representative Witherspoon sob the smothered sob of suppressed joy and shed tears of patriotic elation. By his charming personality he made friends and held them. Few men in this House were more popular with his colleagues than was Mr. Witherspoon. His disposi- tion was kindly, his manner most channing. He was independent in thought, expression, and action. He took counsel with his own conscience, and when he had once formed an opinion it was as immovable as the Rock of Gibraltar. The only fault that it was possible to find with him, if that can be a fault, was that his convictions were so strong and he was so confident of the correctness of his position that in argument the combative instincts of his strong personality exerted themselves to such a degree that sometimes he manifested a touch of impa- tience and intolerance at the slightest opposition to his views. So strongly did he believe in his opinions he could not understand how any intellect less powerful than his could arrive at other conclusions. Yet, with this apparent defect of his splendid character, those of us who knew him recognized this only as an evidence of the sincerity of his thought and the strength of his position. As he rose high in the estimation of his colleagues in this body, so did he rise high at the bar of his State. He was classed, and rightly so, as one of the best lawyers in Mississippi. His practice was large and varied. He specialized in no branch of the law. It was my good for- tune to have known Mr. Witherspoon a number of years before he came to Congress. I first met him in the court room in the trial of an important criminal case. I met him afterwards in other cases, and I have never seen a lawyer who was more at home in the court room and who took care of the interests of his clients with greater ability and more fidelity than he. [801 I AODHESS OF Mh. HaHIUSOX, OF MISSISSIPPI As a citizen his time and talents were ever used in tlie upbuilding of his section and State and the uplift and betterment of society. He was modest to a fault, and, like the violet that grows in the lonelj' valley unseen by the haughty eye, shedding its perfume on the desert air, he lived a life of goodness and kindness, without bigotry and without ostentation. Mr. Speaker, a nobler man never lived. Hospitable, gentle, and lovable, a gentleman of honor, in manners, and in innate refinement, he was everjthing that a man could be to be respected and loved. He revered the teach- ings and traditions of our fathers. He measured his actions by the organic law of this land, and the plain people of the Nation lost a consistent and ardent cham- pion when he died. In his family relations he was a most devoted husband and loving father, whose constant de- light was to do some act that would bring pleasure to his wife or his children. He loved children, and how elo- quent have I seen him grow as he related to me some incident or some " tale unfold " about his little grand- child. His death was a distinct loss not only to his State but to the Nation, and while to-day we are bowed in sad- ness, we can console ourselves with the thought that by his illustrious career, his incomparable honesty, and his stainless honor, he has left a heritage more enduring and more to be treasured than all the riches of the world. It is not gold, but only men Can make a people great and strong, Men who for truth and honor's sake Stand fast and suffer long. Brave men who work while others sleep. Who dare while others fly. These build a nation's pillars deep And lift them to the sky. Such a man was Sam Witherspoon, and of such is the Kingdom of Heaven.' 37673°— 17 6 [81] Address of Mr. Sisson, of Mississippi Mr. Speaker : In listening to the tributes that have been paid to the memory of my good friend we are struck with this great and convincing fact, that we are all agreed; there is no discordant note; we all have the same opinion of the man. In discussing the character of any other man we would, as a rule, find a variety of opinions as to the chief characteristic and as to the particular qual- ity of the man that commended him, but in ever>' word that has been spoken about " Sam " Witherspoon there is absolute harmony. Not a man has spoken upon this occa- sion but that he has said that " Sam " Witherspoon was a man of courage, honesty, and integrity. And, above all, not an expression has fallen from the lips of any man who has discussed Mr. Witherspoon's character but that it resolved itself into this: There was not enough shadow in his soul to hide a single sinister thought. When he spoke he spoke his honest conviction, and ever>' man that heard him knew that he was speaking his conviction. He was a man of courage, without being cruel. He was a man of honesty, without effort to display it. He was a man of the strongest affections, but never ostentatious in displaying them. He loved his people and delighted to serve them, but never bent his convictions to win their applause. He loved principle, but respected the convictiorfs of others. He despised sham and hypocrisy and never forgave it in others. He never bent his knee to power and had a contempt for all who did. [82] Address of Mh. Sisson, of Mississippi And he never in any moment of his life hesitated to follow his own honest convictions, whatever the result to him personally. I have never known a man who considered himself so slightly as to his future profit and loss, either political or financial, when it came to taking a position which he thought was right. It pained him to differ with his colleagues here, but it never deterred him from the performance of duty as he saw it. If every Member of Congress had the courage and conviction of " Sam " Witherspoon, this body would be elevated in the minds and hearts of the American people, and once again become a virile force in this Government and in the enforcement of its views upon legislation. " Sam " Witherspoon never bent the pregnant hinges of his knee that either political or financial thrift might fol- low fawning. How many men yield their convictions, not only upon mere policy, but how many yield their convic- tions on great questions to the dictations of others in high place! But no living man can say that Samuel Andrew Witherspoon ever yielded a conviction to any man. He was made out of that iron stuff that makes the great mountain peaks in the range of the human race; that causes people to look back upon the mighty form and know that there was indeed a man. When you begin to enumerate tlie really great men that have lived on the earth, you find the number small, yea, very small. Men to be leaders must be men who can differ coura- geously and persistently on a question of principle with the frowning multitude. If Martin Luther had not been a man possessed of enormous courage and conviction, he could never have been the great mover of the Reformation. If John Calvin had not been himself a man of mighty convictions, as [83] Memorial Addresses: Representative Withekspoon well as mighty intellect, he could never have been the founder of a great religious faith. If Washington and Jefferson and the great men of America had not been men of great conviction, this Republic could never have been established. To preserve their work is our task. Witherspoon realized this and was devoted to the Con- stitution, and however popular a measure, he voted against it if he did not believe it was constitutional. Men like Sam Witherspoon make justice, truth, and honesty prevail in politics, in religion, and in social life. I would rather have the tributes paid to my memory when I shall depart this life that have been paid to Sam Witherspoon to-day than to have all the wealth of the world. It is such characters as this that make the world worth living in, that make for progress and advancement, because so often the great, in the minds of the present generation, are nothing more nor less than intellects capable of catching the jjopular will and fancy at the time — mere drifters with the tide. Such men are for- gotten ere they pass away. It is easy for men to do this, but it is hard to go against the mighty current; and it is a man like Witherspoon who, when the current is in the face, is willing to stem the tide, and when the flood strikes is like a mighty rock in the way of a raging torrent. He made of himself an impediment, and upon that impedi- ment other less important materials collected and hung about the mighty form until there gathered enough ob- struction to stay the current. Mr. Witherspoon in religion was a Presbyterian. He came from a stock of Presbyterians. He traced his an- cestry in America back beyond the Revolution. His kins- man. Dr. Witherspoon, a Presbyterian minister, was a signer of the Declaration of Independence, and a careful study of the life of Dr. Witherspoon and of the subject of these memorial exercises shows a wonderful similarity. [84] Address of Mr. Sisson, of Mississippi I have known many Witherspoons. I have known his close and distant relatives, and I have never known a Witherspoon that did not possess to some degree some of the qualities possessed by Sam Witherspoon. His family has been one of the most prominent in the history of American politics, and it has been a family that has al- ways been on the side of religious and political liberty. The sweetest trait of the Witherspoon family is that they never for one moment in politics forget that (.overnment is established for people and not for the favored few. They all believe in the so-called plain people and have always been their champions. So it was natural for our friend to stand for the rights of the poor and the down- trodden. He loved the man that toiled; he loved the man who with sun-browned hand produced the wealth of the world, and he believed in his soul that if you gave to him absolute and equal rights the Republic would be safe, but he believed also that the Republic is dead, destroyed, if men of influence, of capacity, could get control of the powers of government and use these powers to their private advantage and to the disadvantage of the great mass. Oh, that all of us could imitate him in our love for the plain people of the world, and become such a cham- pion of liberty as was Sam Witherspoon. Like the pebble that falls from the mountain side, while he lived we may not realize his greatness, but after he is gone the pebble of influence starts down the mountain side, it continues to collect the snow and debris, and before it gets down to the foot of the mountain it is a mighty avalanche. Who knows to-day but that the influence of Sam Witherspoon may become one of the potent factors in American life, and that his efforts— while they seemingly failed here— to have the people restored to the rights that they ought to have under this great and glorious Republic will at some distant day be realized? [85] Memorial Addresses: Representative Witherspoon When the Master lost his life at the hands of the Jewish mob, was there then a politician, a general, a statesman, or an emperor who believed that His simple life would have such an influence upon the world; that all the Gov- ernments that to-day make up the great civilization of Europe and America would have as the basis of their laws, their philosophy, and religion that which was taught by the simple Nazarene? And, as Mr. Witherspoon en- deavored to make his life as nearly as possible like that of his Master, so is he loved and revered and honored, and will be when the sun shall grow dim with age, when the firmament shall be rolled up as a scroll, when time shall cease and eternity roll. Sam Witherspoon's memory and influence will live on in immortal youth, and his influence will touch the farthest shores of the most distant eternity. When men shall imitate his honesty of purpose in state- craft, we will be able to erect here on this American soil a magnificent temple of liberty in which will dwell forever peaces love, unity, and happiness. Mankind will then rise up and call us blessed, that through this influence men might become great, happy, strong, prosperous, and good. [86] Address of Mr. Quin, of Mississippi Mr. Speaker : Our deceased colleague, Mr. Witherspoon, was almost a father to me. When I came to Washington, about the 20th of February, 1913, he and my friend Sisson, the gentleman who last addressed you, took me under their wings. All my other colleagues from Mississippi were kind to me, but these two Members made me feel at home. I had no office until late in March, and Mr. Witherspoon and Mr. Sisson gave me the privileges of their offices and the use of their secretaries. I had an office assigned me next to Mr. Witherspoon's. We boarded at the same hotel until October of that year. After I brought my wife to the city of Washington he was a constant visitor at my home; a welcome always awaited him there. He dined with us many Sundays and evenings in the week. I learned to love the man. 1 real- ized that he was a real friend and a champion of the plain people of this Republic. The last time I ever saw him was at the State fair at Jackson, Miss., on the 26th day of last October. We went through the fair and looked at all the farm exhibits. He had dinner with me on the grounds that day. He dis- cussed the fact that while the farmers were producing all of those splendid products from mother earth they were being robbed bj' the special interests and through different forms of taxation. The man out on the hillside with a small farm and a little box house was always first in the thoughts of Mr. Witherspoon. The poor, the wealth-producing masses of this Republic, had a stanch champion in the distinguished gentleman from the fifth district of Mississippi, and when I was called as one of his colleagues to be at that sad funeral late in November [87] Memorial Addresses: Representative Witherspoon of last year I could not help weeping like a woman when I saw his bier in front of me. And I feel that same heavy heart here to-day, because I know that in the loss of Samuel A. Witherspoon the plain people of this Republic, of his district, and of his State have lost a good man, a great champion, a strong gladiator who always fought in their behalf. Christianity has lost a potential exponent, the world has lost a great statesman, a profound thinker, a philosopher, and a true patriot. Samuel A. Witherspoon is not dead; he has simply gone to meet his God. His influence will live for centuries in this Republic; yes, sp long as the United States Govern- ment shall stand. Who is he who will read the Congres- sional Record who can fail to be impressed with the great patriotic utterances of Sam Witherspoon? To-day his work in the Committee on Naval Affairs is ringing around the entire world. Every newspaper that discusses the subject at all refers to Samuel A. Witherspoon. He proved as a member of that committee as conclusively as any mathematician ever proved a problem in mathe- matics that we have the second navy in the world. No man who studies the subject and who will accept Samuel Witherspoon's questions to the experts before that com- mittee at the last session of Congress can fail to reach the same conclusion that Samuel Witherspoon reached, and his great speech on the floor of this House, demon- strating his understanding on that proposition, will live as a classic and will be read a hundred years from now. In him Mississippi and the Nation had a champion. In Mr. Witherspoon the producing masses of America had a stanch champion whose place is hard to fill. Whether one agreed with the man or not, all loved him and ad- mired him. Sam Witherspoon stood out as a strong, singular character. Every man has his fault, but for one, I never saw any faults, because 1 loved the man. Often- [88] Address of Mr. Quin, of Mississippi times he would say to nic, " Percy, excuse me," and he would not let me interrupt him in his process of reasoning. I sometimes thought 1 could reach a conclusion or inter- ject something in his argument, hut he would always say, " Excuse me." 1 sat still and listened and 1 always knew more at the end of his conversation than I did when he started. He had the most analytical mind I ever listened to or read after. In my judgment he was the greatest reasoner who ever stood on the lloor of this House since I have been here. Mr. Witherspoon did not make many speeches on this floor, but he made them in the Demo- cratic caucuses and in his office; he made them in the cloakroom, and what democracy there is in this House to-day is bound to have a real veneration and admiration for the memory and teachings of our departed colleague. Men from every State in this Union so soon as I returned to Washington a few days before Congress assembled expressed their deep regret and sorrow at the death of Mr. Witherspoon. Irrespective of party. Republicans who fought every inch of the ground on which Mr. Wither- spoon stood absolutely admired and loved the man. They knew his character; they knew that he stood out a giant oak almost alone in his position. I could not follow Mr. Witherspoon's reasoning on all of these great questions, but there never was a question that came before this House that I did not go into his office and argue it out with him. The important ship-purchase bill, which was before the Senate for weeks before it came over to the House, Mr. Witherspoon and 1 discussed in his office and in my office and in the little car when 1 would cany him out to my house, and there in my home, in the presence of my wife, we would argue. It was the same way on every deep question confronting the American people, and when if came for him to vote he voted his conscien- tious convictions, regardless of party whip, regardless of [89] Memorial Addresses: Representative Witherspoon the effect of his vote so f'ar as his popularity might be concerned in his district or in the State or in the Nation; he voted his honest convictions and voted, as he under- stood it, for the best interests of the American people. He had a horror of the special-privilege legislation that had been in vogue in this Republic. He wanted to see all the American people put upon the same footing. He wanted equal justice to the poor, the rich, the high, and the low alike. A natural-born aristocrat, adorned with culture and refinement and deep learning, yet he was an absolute democrat in his manner, modes of life, conduct, and thought. No man had a deeper feeling for the toiling masses of this Republic than did Mr. Witherspoon. And I for one know that my State, the State of Missis- sippi, has lost a great man, a great statesman, a philoso- pher, a Christian gentleman. I know that he is a loss to this body, and a loss to the American people. [90] Address of Mr. Buchanan, of Illinois Mr. Speaker: The cold, grim hand of death struck this House and the people of our country a serious blow when my colleague and friend, Samuel A. Witherspoon, was suddenly taken from our midst, just as we were about to begin a new and what no doubt will be a memorable Congress. After the eloquent eulogies that have been paid to the memorj' of Mr. Witherspoon, it is not for me to add anything to what has already been well said. My only desire is very plainly and in simple words to pay some tribute to the memory of a personal friend, a patriotic citizen, and an able and upright public official. My acquaintance with Mr. Witherspoon dated only from my entrance into this House in the Sixty-second Congress, yet in that time I learned to love him for his gracious manner and kindly spirit, and admire him for his firm adherence to those principles of Democracy that were nearest his heart. Being associated with him as a member of the Naval Affairs Committee, and sharing with him many principles and ideals, it was often my privilege to work side by side with him in the business of this House. His impulses were always generous, his sympathy broad, and his intellect keen. He was a zealous and untiring worker, oft working far into the night on questions which he deemed of vital interest to the people of our country. Mr. Speaker, our departed friend gave his best to the service of the people. Who can do more? The State of Mississippi has given many of her sons to the service of the Nation, but none more able, none more sincere, none more courageous than Samuel A. Witherspoon. I share keenly and deeply in the general grief caused by the premature [91] Memorial Addresses: Representative Witherspoon closing of a career which only a short time before was so rich in achievement and so full of promise for the future. However, in our grief there is gratification in the knowl- edge that he contributed his full share in the furtherance of that principle of humanity proclaimed by the Founder of Christianity, who said that " He came that the children of earth might have a more abundant life"; and we can feel that if we respond to the call of duty as he did, when the end comes there will be little to regret. That our Creator may comfort and protect his loved ones is my sincere wish. EXTENSION OF REMARKS Mr. Venable. Mr. Speaker, 1 ask unanimous consent that any Member of the House who wishes to do so may be given the privilege of printing his remarks in tlie Record on the life, character, and work of the late Mr. Witherspoon, and also that any Member who has spoken shall have the privilege of extending his remarks in the Record. The Speaker pro tempore. The question is on the motion of the gentleman from Mississippi [Mr. Venable]. The motion was agreed to. adjournment And then, in accordance with the resolution previously agreed to, the House (at 2 o'clock and 58 minutes p. m.) adjourned until Monday, March 6, 1916, at 12 o'clock noon. [92] , Proceedings in the Senate Tuesday, March 7, 1916. A message from the House of Representatives, by J. C. South, its Chief Clerk, transmitted resolutions of the House on the death of Hon. S. A. Witherspoon, late a Representative from the State of Mississippi. Mr. Vardam.\n. Mr. President, I desire to give notice that on Saturday, the 25th instant, at the conclusion of the routine morning business, I shall ask the Senate to suspend its business that fitting tribute may be paid to the life and public services of the Hon. Samuel A. Wither- spoon, late a Representative from the State of Mississippi. Saturday, March 25, 1916. Mr. Vardaman. Mr. President, I ask that the resolutions of the House on the death of Hon. Samuel A. Wither- spoon, late a Representative from the State of Mississippi, may be laid before the Senate. The Presiding Officer (Mr. Husting in the chair). The Chair lays before the Senate resolutions from the House, which will be read. The Secretary read the resolutions, as follows: In the House of Representatives OF the United States, March 5, 1916. Resolved, That the business of the House be now suspended, that opportunity may be given for tributes to the memory of Hon. Samuel A. Witherspoon, late a Member of this House from the State of Mississippi. Resolved, That as a particular mark of respect to the memory of the deceased and in recognition of his distinguished public career, the House, at the conclusion of these exercises, shall stand adjourned. [93] Memorial Addresses: Representative Witherspoon Resolved, That the Clerk communicate these resolutions to the Senate. Resolved, That the Clerk send a copy of these resolutions to the family of the deceased. Mr. Vardaman. Mr. President, I offer the following reso- lutions, and ask for their adoption. The resolutions were read, considered by unanimous consent, and unanimously agreed to, as follows : Resolved, That the Senate has heard with profound sorrow of the death of the Hon. Samuel A. Witherspoon, late a Member of the House of Representatives from the State of Mississippi. Resolved, That as a mark of respect to the memory of the de- ceased the business of the Senate be now suspended, in order that the Senate may pay proper tribute to his high character and distinguished public services. Resolved, That the Secretary communicate a copy of these resolutions to the House of Representatives and transmit a copy thereof to the family of the deceased. i [94] MEMORIAL ADDRESSES Address of Mr. Vardaman, of Mississippi Mr. President: The Senate of the United States has set apart this hour to pay fitting tribute to the life, character, and achievements of one of the most excellent men and useful statesmen who have occupied seats in the lower House of Congress since the formation of this Republic. In the sublimity of his character he is spcndidly unique. Samuel Andrew Witherspoon, son of Dr. Elias Bourde- not Witherspoon and Mrs. Elizabeth Dowd Witherspoon, was born in Lowndes County, Miss., near the city of Co- lumbus, May 4, 1855, and died at his home in Meridian on Wednesday, November 24, 1915. In his early youth he attended the common schools in the neighborhood in which he lived. His father died when he was quite young; after which his mother, who was in rather impecunious circumstances, in order that she might afford her chil- dren educational opportunities, with Sam and two younger brothers moved to Oxford, Miss., in 1872. Young Wither- spoon entered the University of Mississippi as a student in the preparatory department in October, 1872, and was graduated with honors from that institution in June, 1876. After liis graduation he was for a while assistant professor of Latin in the University of Mississippi, during which time he prosecuted his study of the law. In 1879 he moved to Meridian, Miss., where he resided until his death. By close application and intense intellectual eflfort he ad- vanced rapidly in his profession and became one of the most accomplished lawyers at the bar of Mississippi. But the study of English and American law did not affect his mind as is sometimes the case with men who attain great [95] Memorial Addresses : Representative Witherspoon prominence in that profession. He was never a slave to precedent, but his mind preserved its native originality, and the elasticity of his reasoning faculties was not hindered or handicapped by what somebody else may have said, however great its antiquity. With a delicate sense of justice and the power to make accurate discriminations, he approached everj' subject, and through all of his mental processes the end invari- ably sought was the truth. His mind never moved in a groove, but rather in the broad field of uncircumscribed research. In 1910 he was elected from the fifth congressional district of Mississippi to the lower House of Congress, and was serving his third term at the time of his untimely death. Mr. Witherspoon's election to Congress in 1910 was due very largely to the peculiar political conditions which existed in the State of Mississippi at that time. It was the result of a campaign for civic righteousness and was an emphatic protest by the people of the State against conditions which had culminated in what appeared then, and we now know, to have been a complete denial by those in authority of the right of the people to rule the State for the benefit of the people. The man and the occasion met, and he took up the work to which he was called with the ease which always characterizes the ordering of destiny. His services in the House of Representatives were of short duration, but they were long enough to make a record that will live as long as heroism is a virtue; as long as independence of thought and intellectual honesty are regarded as attributes of real statesmanship in America; as long as fidelity to country, love of home, and adoration for God animate and glorify the human heart. The majesty of his character consisted in the work he did, and the greatest ornament of his reputation was the [96] Address of Mr. Vardaman, of Mississippi dignity which characterized the doing. Though of modest demeanor and of a disposition to avoid all show and osten- tatious display, his towering abilities attracted attention, and — As some tall cliff that lifts its awful form, Swells from the vale and midway leaves the storm, Though round its breast the rolling clouds are spread, Eternal sunshine settles on its head — his name will live among the greatest and most useful men who have occupied seats in the lower House of Con- gress, and his fame will be cherished as a national asset. I believe the most useful lessons are the lessons learned from other lives — from conduct and character. And I am also convinced that the real greatness of this Nation consists, not in its unparalleled material riches, but, rather, in the moral qualities and intellectual acquire- ments of the men and women who compose its citizen- ship. Coming from a virile, rugged stock of clean-lived people, born and reared in the country, close to nature and to nature's God, with eyes trained to see things in their due proportions and ears attuned to hear the wise teachings of nature — by contact with men he became familiar with the wants, hopes, aspirations, and longings of the human heart, and his sympathy always went out to the silent toilers of the realm. His great heart was stirred to its profoundest depths by injuries wrought by unjust laws. He heard the howl of the Wolf of Want at the door of Poverty, and from a distance the strains of music from the halls of mirth of the rich fell in melancholy cadences upon his sympathetic ears. He was an omnivorous reader and broadly learned in the art of statesmanship, familiar with the forms of law, the history of peoples; he knew the causes that contrib- uted to the building of great cities, the influences that wrought the civilizations, and the agencies which created 37673° — 17 7 [97] Memorial Addresses : Representative Witherspoon the empires of the past; and he was also familiar with the influences that caused and brought about their dis- integration and downfall and scattered the skeletons of bj'gone greatness upon the desolate shores of time. A more splendidly equipped, superbly proportioned, patriotic character I have never known. He was gifted with a vision which enabled him to " dip into the future as far as human eye could see," and he saw the " visions of the world and all the wonders that would be." He possessed to as large degree as I have ever known that power which enables one to " hear the ocean in one shell" and see the " whole world's winter in one leaf." He was gifted with a rare power of speech, which often compelled men against their will. His logic was irresistible, as fault- less and irrefragable as truth itself, and his devotion to the Constitution amounted to a religious zeal. When a question was presented to him he never sought for the popular or unpopular side — his only desire was to find the truth. If he determined that a certain course was the right course, he pursued it; his face was at once set in that direction, and no power beneath the stars, except the same cause that started him on his course, could make him change. He was a Democrat after the strictest sect and devoted to his State. But above and beyond all, as high as the sun hangs above the earth, he was an American. I think the most beautiful trait of Mr. Witherspoon's character was his devotion to the interests of the toiling masses. The great silent, suffering, slow-thinking, toiling multitude, whose labor produces the wealth of the world — maintains its commerce in time of peace and fights its battles in time of war — these were the dearest objects of his heart's deepest solicitude. He was brave and unyielding in his purpose. Like the "Hebrew children," who were threatened by the pagan [98] Address of Mr. Vardaman, of Mississippi king with death if thej' refused to bow to the golden god of infidelity, he answered the commands of predatorj' interests to bow to their behests by standing erect and declining to yield to any power or influence under the stars, save the truth. The fiery furnace of slander had no terrors for his heroic soul, and the detraction and vili- fication heaped upon him by the hired agents of the enemies of good government were brushed aside as in- consequential vaporings. The one god, the true god of duty, was the object of his adoration and the guiding star of his official course. He rather preferred to be right than popular. The approval of his own conscience and sense of justice were the object and end of his ambition. I am reminded in this connection of an heroic incident of ancient history, which illustrates the habit of thought of Mr. WiTHERSPOON. It is said that when the Romans met the Volscians, Marcius inquired of Cominius in what manner the enemy's armies were drawn up and where their best troops were posted. Being told that the Antiates were placed in the center and were the bravest and most warlike, then Marcius replied, " I pray thee, place me immediately in front of them." Mr. President, that was always the request of Samuel Andrew Witherspoon when fighting the battles of righteousness and defending the interests of the plain people of America, either in the Halls of Congress or on the field of politics. The furious- ness of the conflict, the hardship of the campaign, did not concern him. The more deadly the rain of shot and shell of misrep- resentation, the fiercer the slander and detraction, the more truculent the opposition, the gi-eater was his eager- ness to be in the vortex of the contest. To do battle for the right was the consuming passion of his life. Armed with the truth, with an eloquence capable of charming the " wildest tempers " and moving to patriotic action the [99] Memorial Addresses: Representative Witherspoon most sordid soul, absolute masterj' of his subject, shielded with the armor of righteousness and clothed with the consciousness of the rectitude of his own conduct and the unselfishness of his lofty purposes, these missiles of malignancy and hate fell harmless at his feet. From every conflict he emerged stronger with the people, more deeply intrenched in their love, and more highly exalted in their estimation than ever before. I have seen him in the depths of pessimism, when the lowering cloud of doubt almost smothered his subdued soul, and then I have seen him come forth with an op- timism as radiant as sunlight. Defeat gave him strength, and the righteousness of his cause always stimulated hope for the future of the Republic. He was — One who never turned liis back, But marched breast forward; Never doubted clouds would break; Never dreamed though right were worsted wrong would triumph. Held, we fall to rise, baffled to fight better; Sleep to wake. Pertinacity of purpose was one of the striking charac- teristics of his career. Really, it .is the distinguishing difference between the truly great man and the near- great man. Most men are capable of distinguishing be- tween right and wrong — between the wise course and the unwise course — but very few men are willing to go the wise course if it happens to be unpopular or temporarily difficult of travel. Physical courage is a common at- tribute which belongs to the ordinary man as well as the lower animals, but moral courage is rare. And that is why all men admire it. Even the physically dauntless moral coward respects it. Mr. Witherspoon possessed that quality or attribute of character to a very lai'ge [100] Address of Mr. Vardaman, of Mississippi degree. He was in truth and in fact the sort of man de- scribed by Markham when he said: Made of unpurcliasablc stuff, He went ttie ways wlien ways were rough. He, wtien tlie traitors had deceived, Held the long purpose and believed. He, when the face of God grew dim. Held through the dark and trusted Him; Braver soul that fought the mortal way And felt that faith could not betray. But like most men who live above the fog in conduct and speech, wlio refused to grovel with mere timeservers, he was misunderstood. Some people spoke of Mr. WiTHERSPOON as a mere dreamer, an insubstantial ideal- ist. He pleaded guilty to the charge; he was grateful for the compliment; and, to show his appreciation, he continued to dream, and from his coign of vantage of an uncommon soul he looked through tlie dim vista of the future and read the story of destiny. He realized that the man with a vision is the only safe leader, and that the vision itself is the one unfailing guide. He ap- preciated the fact that the practical man will clear away the forests, cultivate the lands, hold the offices, make money, and grow rich in the sordid things of life, but the dreamer is the protagonist, the pioneer who must blaze the way through the trackless wilderness. He was able to see himself in the perspective — to understand when he was right and, therefore, if he himself were misunderstood by others, he was willing to wait for the latest, best judgment. He had a sustaining faith in the ultimate triumph of righteousness. He was intensely religious, but without bigotry. He knew by the witness of his own spirit that an " atheist laugh is a poor exchange for Deity offended,"' [101] Memorial Addresses: Representative Witherspoon and when upon the rough sea of life, " tempest driven," v^'ith a " conscience but a canker," he realized that " a correspondence fixed with heaven is sure a noble anchor." He believed with all his heart that — Out of the twilight of the past We move to a diviner light. For notliing that is wrong can last; Nothing's immortal but the right. There was more pleasure derived from the conscious- ness of duty well done than in the insincere applause which often accompanies ephemeral success. He would — In spite of the stare of the wise and the world's derision, Dare travel the star-blazed road, dare follow the vision. He knew that it would — Break like a hush on the soul in wonders of youth, And the lyrical dream of the boy is the kingly truth. The world is a vapor, and only the vision is real; Yea, nothing will hold against hell but the winged ideal. Flattery could not change his course. Defeat could not daunt him. Tho' every leaf were a tongue to cry thou must, He would not say the unjust thing was just. Mr. President, I am a devout believer in the inspiration of the Scripture and the sovereign saving purpose of Christ's mission to earth. With all my heart I believe in the divinity of the Gallilean Carpenter. But I also believe in the divinity of eveiy good man and woman who has lived and walked among men as the highest expression of God's love for " fallen humanity." To paraphrase the language of another: We may all be saviours of the world if we believe in the divinity which dwells in us and worship it, and nail our grosser selves, our tempers, greeds, and unworthy [102] Address of Mr. Vardaman, oi Mississippi aims upon the Cross, who giveth love to all, pays kind- ness for unkindness, smiles for frowns, and lends new courage to each fainting heart. Never in the historj' of America was the need quite so great for men of Mr. Witherspoon's type as right now. The great issues which confront our people, and our man- ner of dealing with them, may be the crucial test of our capacity for self-government, our ability to preserve American institutions and continue tliis Government for the people. Every national election in tliis country is a crisis in the life of the Republic. I believe that this time marks a turning point in the history of the Nation. The wave of hysteria, savoring of blood lust, that is sweeping over the land seems to have destroyed the old landmarks and changed the viewpoint of men whose ability to guide the ship of state into the right channels has heretofore never been questioned. There is, I fear, a secret, silent, sinister influence affecting unconsciously the hearts and judgment of some of our bravest and best men. Mr. Witherspoon's great ability would have served a noble purpose just now as an impregnable dike against the mad current of popular frenzy which runs through the present as an uncontrolled flood. Just why he should have been taken at the time he was is one of the mys- terious dispensations of an All-Wise Providence. We can not understand. Oh, wliy has worth so short a date? \\Tiile villains ripen grey with time, Must thou, the noble, gen'rous, great, Fall in bold manhood's hardy prime? It is not ours to inquire why. But we know it is. In the hour of doubt, when question marks, like stars across the blue canopy of heaven, stand out before us, we can only wait. Our finite judgment tells us that his death was a national disaster; that his place can not be filled. [103] Memorial Addresses: Representative Witherspoon He stood alone in the great work in which he was en- gaged. But in the darkness of doubt I am going to trust, I am going to draw inspiration from his life, which was to me a benediction. And it should be an inspiration, a beacon light to lead benighted men, blinded by selfish interests, into paths of rectitude and duty. Such a life as his not only serves to mark the way to better living — a soul tonic to stimulate to higher en- deavor — but it is also a rebuke to the timeserver, the sycophantic creature who would dishonor himself by " crooking the pregnant hinges of the knee that thrift might follow fawning." A truer, nobler, manlier man I have never had the honor and privilege of knowing. The world is better for his having lived in it. He contributed something to the stock of human goodness, and added to the sum total of human happiness — the highest accom- plishment of all human effort. Peace to his sacred ashes, and rest to his sublime soul. [104] Address of Mr. Smith, of South Carolina Mr. President: I am glad to have the opportunity to speak on this occasion, for the reason that I met Mr. WiTHERSPOON under circumstances peculiarly qualified to give me an opportunity to know something of his real character. It was during the stormy days of 1904, 1905, 1906, 1907, when the cotton producers of the South re- volted against the commercial system that had impover- ished them, and was in a fair way to still further impov- erish them and to perpetuate the disastrous conditions. The Southern Cotton Association was organized for the purpose of stemming this tide of disaster. To organize for the purpose of protecting the weak and helpless pro- ducers against the greed and avarice of the unrestrained financial pirates, the call of the association was to every southern man who was willing to contribute what he might to the betterment of this intolerable condition. No vocation or avocation, profession or calling, was barred from membership in this organization. A great major- ity, of course, who joined were farmers. They were the actual, or, more properly speaking, the principal, suf- ferers. Quite a number of merchants joined, not so large a number of bankers, and a few lawyers. There was not so gi-eat incentive for the merchants to join as the farmers, though the merchants were indirectly dependent upon the products of the farmers' crops, the bankers to a degree dependent, and the lawyers to a very much lesser degree, if really dependent at all. Thus the lawyers who came to our relief, who rendered the service of their time and brain and money, did it, perhaps, with a more unselfish and patriotic purpose than any other members of the organization. Among these was Mr. Witherspoon. [105] Memori.\l Addresses : Representative Witherspoon As an official of the national organization, I came into close contact with him more or less during a period of three or four jears. Mr. Witherspoon was unquestionably a Democrat in tlie real meaning of that term. He was so constituted that I do not helieve he could have enjoyed wealth and leisure and luxuiy while the masses of his fellow men were suf- fering the privations of poverty and its attendant burdens. He realized that the proper adjustment of our laws, both financial and commercial, would be to give to everyone, under the law, an equal opportunity. He knew, as all of us know, that men are not equally endowed with power to seize and improve opportunitj; but he knew that the function of law in a democratic government should fur- nish like opportunity to all and place the burden of failure upon him who was either incapable of seizing and improv- ing the opportunity or who squandered or neglected it. We are often unfair and unjust in our criticisms of a fellow man because we have not taken the pains to know his viewpoint, to study the problems that have been thrust upon him, and to realize with him the things necessary to their solution. Mr. Witherspoon realized the burdens and limitations placed upon the impoverished farmers of the South. He realized the acuteness of their suffer- ing — a proud people, the purest Anglo-Saxon blood in America, the highest ideals, the last expression in virtue, chivaliy, and bravery; victims of a conflict that had stripped them of the opportunitj' of realizing the circum- stances they were so splendidly qualified to enjoy. He was impatient and intolerant of any compromise of the rights of the masses of the people. He believed, and fearlessly spoke the belief, that those who produced the wealth of the country were entitled to have such legislation as to guarantee them the enjoyment of a legiti- mate per cent of the wealth they produced. Both as a [106] Address of Mr. Smith, of South Carolina member of the great southern organization and of the Federal Congress, he never abated one jot or tittle his zeal for his people, and in his death the South has lost a valiant officer in her army of patriots. In everj' great reform, in everj' human conflict, oppor- tunity is given to test and to know the real value of the individual. The tragic experience of the South from 1860 until now has given peculiar opportunity to know the real value of the American's character. Mr. Wither- SPOON met the test and proved his worth. When a man dies there seems to be but an eddy in the current, a moment's pause, and then the steady stream of human events flows on seemingly undisturbed and un- affected. But the influence of that life, its contributions to the solution of human problems, are borne upon the tide of events and are forever factors in the progress and uplift of the race. I am glad of this opportunity to bear this testimony to the memory of Samuel A. Witherspoon, to pay this tribute to his worth and character. In the value of his character alone and the work he did, he has left a heritage to his family and loved ones that can never be measured in terms of silver and gold. [107] Address of Mr. Thomas, of Colorado Mr. President: My acquaintance with Judge Wither- SPOON was somewhat brief. It had its beginning in the year 1913. We came into occasional contact only, but as time progressed our acquaintance I'ipened into friend- ship, and I am sure that if he liad been spared, we would have become intimate associates. His capacity, his con- victions, and his views of public life were so completely in accord with my own that I was naturally attracted to him from the outset. It so happened that in the month of Februarj, 1913, I went to the other end of the Capitol upon an unimportant business errand. Upon entering the Chamber of the House of Representatives 1 noticed a group of interested and enthusiastic Members surrounding a gentleman who was engaged in the discussion of the naval bill of that winter. I joined the group and soon became enthralled with the absolute familiarity exhibited by the speaker, who was Judge Witherspoon, with evei-y fact and every detail, not only of the American Navy, but of all the navies of the world. With a facility tliat bordered upon the marvelous, he discussed the number and caliber of guns, the complements of officers and of men, the vessels of our own and of other navies, making comparisons be- tween and drawing contrasts concerning them with the ease and perfection of a master. I have heard many dis- cussions, Mr. President, but never have I heard one pro- ceeding from a man so thoroughly familiar with the sub- ject to which his address related. Upon the close of that argument I requested an introduction, and that was the occasion of my meeting Judge Witherspoon. It was said by the Senator from Mississippi [Mr. Varda- man] a moment ago that the death of this most useful and well-informed public official at this time was a great misfortune. When I learned of his death that was the first thought which obtruded itself upon my mind, and I [108] Address of Mr. Thomas, of Color.\do could not but contemplate the fact that in so many in- stances men are removed from their spheres of action in the very midst of usefulness and of need. I wonder, and have often wondered, why this should be so. It may be that, in the providence of God, the subsequent develop- ments of time might operate to impair, if not to destroy, the splendid prestige wliich had reached or was approach- ing its meridian, and that, for reasons which will be in the. great future disclosed to us, it were better that it should be so. But our poor human judgment protests against such conditions and fain would change them if it could. Mr. President, the rarest manifestation of genius in this country is that which concerns itself with details, with the various facts and circumstances wliich underlie great propositions and great movements. It is, to my mind, the most useful because it is the most practical of all forms of genius; and it is genius, Mr. President, not only because of its rarit>% but because of that peculiar mental structure the possession of which is essential to its exer- cise and development. I venture to say that in the Congress of the United States to-day there are not 50 men capable of applying themselves to and mastering the homely, commonplace details of those great subjects and propositions with which we are called upon to deal, and thus become competent for the appropriate discharge of the duties devolved upon them. We differ in this respect from the Germans and the Japanese, where the prosaic, everyday, matter-of-fact affairs of life seem to appeal to the average intellect, in consequence of which the marvelous material progress of those two peoples has so long been manifest. When this country finds itself in possession of a public servant who has the will and the power, the industry' and the inclination, to acquaint himself slowly, painfully, but thoroughly with everj- fact and every element affecting [109] Memorial Addresses: Representative Witherspoon the subject matter to which for the time being he has devoted himself, his loss is a great public calamity. I know of no man — although the occasion always pro- duces tlie man — who is capable of filling the void made by the death of Judge Witherspoon. We are living, Mr. President, in parlous times. With the exception of the United States of America, every great nation in the world is engaged in a conflict which has no parallel in the his- tory of civilization. We can no more escape the conta- gion of its influences than we can avoid the law of gravi- tation. Those influences manifest themselves in manj' ways, not the least of which is in the development of that hysteria which sees an armed enemy upon every coast- line, and entertains visions of wars and rumors of wars which distract the judgment and unsettle the reason. At such times we are prone to magnify our dangers, and to rush into various schemes of protective legislation, some of which may be essential, but all of which may be con- demned by the reflections of our more sober judgment. Hence, it was a sad day when, under circumstances like these, the Nation was deprived of the services of this great and most useful statesman, whose accumulated wis- dom gave influence to his counsel and strength to his suggestions. Judge Witherspoon's conceptions of duty were those prescribed by Edmund Burke, who said that everj' sense of public duty must be based upon a consciousness of public responsibility. He knew the responsibilities of his position; he observed those responsibilities, and was, therefore, animated by a sense of duty which, stimulated by the spirit of unquenchable industrj^ made him at all times an authority upon those subjects which fell to him and belonged to his peculiar province of legislation. This man honored his people as their representative. They can not pay him too much honor by mourning at his bier. [110] Address of Mr. Broussard, of Louisiana Mr. President: It is unfortunately but too often that this life at the Capital of the Nation, so full of moving events, finds itself impelled to halt from its busy activities to pay tribute to a departed colleague and friend. This is one of these occasions. Perhaps it is meet that this halt should take place, that the mind of the Members should turn from the public business and the grind of details, incident to the life of a legislator, to commune within itself and to take its bearings upon the circum- stances of the coming and the going of those forming this important branch of our democratic Government. We are too busy from day to day to mark attention to anything beyond the excitement of contending sides, in their several efforts to enact or defeat proposed legisla- tion. But these halts, unfortunate as are the causes which command them, deeply as we grieve over their causes, much as we inourn those who depart from our very midst to the eternal bourn, yet when they occur, furnish a wholesome lesson. They bring forcibly to our mind the destiny of all living things which our activities in this Capitol would otherwise cause us to entirely for- get. They remind us of the uncertainty of life, of the necessity for that preparedness which is as essential to the soul, that it may live eternally, as nourishment is to the body, that it may escape early dissolution. "We have suspended the transaction of important busi- ness of the highest order to pay tribute to the memory of Samuel Andrew Witherspoon, of the State of Mississippi, whose death occurred during the pending session. Samuel Andrew Witherspoon was born at Columbus, Miss., on the 4th day of May, 1855. The death of his [111] Memorial Addresses: Representativ'e Witherspoon father, when he was but a youth, left him to the tender care of a loving mother, who, besides him, had other children whose welfare she must look after. She must have been a self-sacrificing as well as a loving mother, for in 1872, when Samuel A. Witherspoon had matured into young manhood, she realized the necessity of prepar- ing him, so far as she could, for the exigencies of life. A proper education clearly was the first thing she thought of, and as an institution for higher learning was not in existence at her home, she that year moved to Oxford, Miss., so as to permit her son to enter the State university. Samuel Witherspoon graduated from that university, tak- ing the degree of B. A., and subsequently, further pursuing his studies, took the degrees of M. A. and LL. D. His education completed, and armed with authority to practice law, which his last diploma granted him, he cast about to find a location where there was prospect of ad- vancement in his chosen profession. His eyes, scanning the many available places in Mississippi, selected Meridian as the proper field, and in 1879 he moved to that splendid little city. It did not require a long residence at Meridian for this ambitious young man, so well equipped under the loving guidance of a devoted mother, to build him- self a position both socially and professionally. He was a good lawyer, lucid, logical, and forcible. I shall not speak much of this, because I did not have the pleasure of his personal acquaintance during the years to which I refer, and know of him during this period of his life only through hearsay. From my acquaintance with him, however, during the time when together we served in the House of Representatives, 1 can easily conceive of his power as an advocate in any branch of the law to which he directed himself. For he was possessed to a marked degree not only with the qualities which I have just de- scribed, but he was one of the few really eloquent men that it has been my pleasure to listen to. [112] Address of Mr. Broussard, of Louisiana I first became acquainted with Samuel A. Witherspoon in 1910, shortly after his election, and on the day on which he was sworn in as a Member of the House, to which body 1 then l)elonged. I served with him for two full terms and continued my acquaintance with him after having become a Member of the Senate. 1 soon learned to like liim and then to admire him. I liked him because he was a scholarly man, kind, considerate, and as of lov- able a character as that of any man. He was honorable to the utmost and in the extreme faithful and loyal to principle. But he did his own thinking, accepted orders from no one, was always willing to discuss the belief which he had in him, and was open to conviction, if facts could be produced to overcome any erroneous conclu- sions which he might have reached. But he was tenacious of his conclusions, and it required facts and logic to compel his attention and change his conclusion. He was a Democrat in the broadest sense of the term, and when 1 use that expression I do not mean to say that he was a man who was a Democrat exclusively because of his regularity to a party's action, but a Democrat who could give a reason for his Democracy, and doing so he was not easily moved to take a position purely upon asser- tions. It required that the matter at issue measured up to a principle of democratic ideal. His intellectual honesty was not less developed than his personal honestj. I can best illustrate that which 1 wish to convey with regard to that splendid trait of the char- acter of Samuel A. Witherspoon by calling attention to the fact that as a member of the Naval Affairs Committee, believing, as he did, that a democracy does not rest upon the power of might but upon the principle of right, he was immovable from his purpose to hold down govern- mental expenditures to the smallest amount commen- surate with his conception of the safety of the countr>\ True, 1 did not agree with him upon that question, since 37673° — 17 8 [113] Memorial Addresses: Representatu-e Witherspoon in applying this principle he invariably voted for insuffi- cient sums to meet the governmental needs, but I none the less admired the intellectual honesty of the man who could neither be cajoled nor threatened to abandon those convictions which to him, student of our form of govern- ment, as he was, appeared to rest upon unassailable con- clusions. I said that his intellectual honesty was as marked as was his personal honesty, and I can illustrate the thought which I had in mind with regard to the latter quality of Samuel A. Witherspoon by calling attention to the fact that on entering upon the performance of his duties as a Representative, his first thought was to acquaint himself with the legal obligations, the legal powers, and the legal restrictions placed bj' the law upon the position he as- sumed. Investigation revealed to him the fact that there was a law on the statute books requiring that the absence of a Member of Congress from attendance upon the House on days of session without a legal reason deprived the Member of pay for that daj^'s absence. This law has long been on the statute books, but is seldom applied. I even doubt, but for the fact that occasional resolutions are adopted in moments of emergency when public business is likely to suffer because of large numbei's of absentees and a resolution is adopted directing the enforcement of this law, that Members of Congress generally are acquainted with this statute. The fact that a resolution has to be adopted at times would indicate how dead that law would seem to be. I recall that at one time a great many Members were ab^ sent from the House attending to political campaigns in their various localities. It was hard to keep a quorum and the public business was threatened with suspension. Senator Underwood, of Alabama, was at the time the Democratic leader on the floor of the House, and, in [114] Address of Mr. Broussard, of Louisiana order to insure the attendance of a quorum that the public business might be transacted, a resolution was introduced by him and adopted by the House requiring the Sergeant at Arms to withhold pay of absentees for days of absence while the House was in session. With the enforcement of this resolution, inquiry' was made about the matter, and for the first time the membership of that House learned that Samuel A. Witherspoon had religiously docked himself for everj' day's absence, when not on official business, from his verj' admission as a Member of the House of Representatives. This incident describes the man's character better than anything that can be said. He followed the law, obeyed it in every respect, and never questioned others about him who looked upon it as a dead law. His personal in- tegrity compelled him to obey the law regardless of the course of his neighbors concerning the same law. It is a great pity that traits of character such as Samuel A. Witherspoon possessed are not more universally prevalent. But there remains of such virtues the example which such conduct always compels for the guidance of surviving humanity, so that even after death these virtues serve their useful purpose. They enlighten and en- courage those who remain behind to emulate them. [115] Address of Mr. Poindexter, of Washington Mr. President: Perhaps it is sufficient praise of the late Representative Witherspoon to say that he was worthy of the traditions of Mississippi. In the formative period of our growth, when government under the Constitution was in its experimental stage, Mississippi, although one of the newer States, wielded a powerful influence in the councils of the Nation. In her earlier days, in the first flush of the prosperity which the opening of her fertile lands produced, there were congregated in her borders bold and aggressive leaders. They adapted themselves to the spirit of the times and the conditions of a new State. Physical courage, enterprise, and energy were in the ascendant. Among her leaders, however, were men of brilliant intellect who have left their names in the annals of the law and of the Government. It would be invidious to name any them without naming them all, and I will not undertake it upon this occasion. The State became a leader in all the issues of those times. In the heroic days of the Civil War, when she consti- tuted one of the brilliant galaxy of States which sought to establish an independent government of their own, she was alike distinguished. From the poverty and ruin of that war Mississippi gradually arose, weakened it is true, but with her spirit unimpaired. Patiently and coura- geously she reestablished her institutions. Her courts have been distinguished for their learning and ability. Her schools, colleges, and churches have preserved the best educational and spiritual standards of the land. It was inevitable that the man who achieved great and permanent distinction in such a State and among such a people should possess exceptional merit. It was a great [116] Address of Mr. Poindexter, of Washington compliment to Mr. Witherspoon that, though the people who had chosen him from among all their sons to repre- sent them in the councils of the National Parliament may have differed with him at times upon specific questions, yet such was their confidence in the purity of his char- acter and in the general soundness of his judgment that at the time of his death there was no indication that he might not have remained in honorable public life for an indefinite period. I had no special opportunity or reason to form the acquaintance of Representative Witherspoon, but his activities attracted attention, and I knew him well. The demands and exactions of congressional duties are such that many of us here in different Chambers of this Con- gress collaborate for years together upon the legislation of the countn,' without becoming personally acquainted, and with little or no opportunity for individual, personal, and social intercourse. Very shortly, however, after Representative Wither- spoon's appearance in the House of Representatives his exceptional qualities of mind and character had so im- pressed themselves upon his associates that he became a man of marked distinction, even among the many distin- guished men who sat with him in that Chamber. He verj' soon became a leader in the particular fields which he had chosen. In some positions which he took upon the diffi- cult problems of the day I reached a conclusion entirely at variance with his, and yet such was his evident single- ness of purpose, his love of justice, his tremendous thor- oughness in what he imdertook, that I formed a friend- ship and admiration for him. I can not undertake with the limited opportunities I have had to give a complete analysis of his character, but I had many personal interviews with him, and deem it an honor and privilege on this occasion to pay a tribute to [117] Memorial Addresses: Representati\'e Witherspoon a man who I verily believe never had a thought in his public service but the public good; who loved justice and hated unfairness and oppression; who did his work thorouglily and well. In the warfare of modern congressional life Wither- spoon was a knight without fear and without reproach. He served his country well and left a stainless name. [118] Address of Mr. Robinson, of Arkansas Mr. President: During the last 15 years the Congress has numbered among its membership no one more coura- geous in his official conduct or more decisive and inde- pendent in his views than the Hon. Samuel A. Wither- SPOON, late a Representative from Mississippi. There is a tendency to develop a spirit of indecision concerning public questions among Members which some- times approaches insincerity, and which too often is de- structive of that firmness which should characterize our convictions. It is, of course, proper and desirable that legislators should be informed as to the views of their constituents. It is also true that due consideration should be given to public sentiment concerning all questions with which we are called upon to deal. It is right that elective officers should take counsel of those who choose them. We may differ as to whether and when a Representative should waive his own convictions or conform them to the senti- ment of the people whom he represents. No one can doubt that all important legislative reforms either origi- nate with the people or find momentum among them. One of the greatest impediments to the proper discharge of legislative duties is found in the abuse of this prin- ciple. The practice now frequently pursued by unscru- pulous or selfish interests of manufacturing or misrep- resenting public sentiment to coerce or influence the conduct of officers is subversive of the true representative spirit, but it is, nevertheless, quite potent and often suc- cessful. Taking advantage of the power of public senti- ment, unfair agitation is often conducted, and by means of inaccurate and one-sided information widely distrib- [119] Memorial Addresses : Representative Witherspoon uted the real public sentiment on an issue may be clouded and obscured, to the detriment of interests wliich in jus- tice should be promoted and conserved. We all know how often stereotyped letters are devised for the purpose of having them signed by our constituents, who thus ap- pear to assert an opinion which, in fact, they may not hold, but which, to oblige another, they may thus express. Prompted or inspired communications of this nature have little value in assisting the legislator to arrive at a correct conclusion. On the contrary, they are misleading and confusing. Sometimes a Congressman who has an- nounced his position on a public question is besieged to change or modify it by appeals or threats from his con- stituents, who are induced to address him from no con- sideration of the public interest, but through the activities of designing persons and organizations, whose ends and aims may deserve severest censure. An executive officer is not charged with discretion in the enforcement of the law. His task is comparatively simple. The same is true in a different sense of a judicial officer. He sometimes finds great difficulty in determining what is meant by the law in a given case, but whatever he finds it to be he must declare it. The legislator, how- ever, is concerned primarily with questions of policy and may rightly take into consideration the uncorrupted senti- ment of the public concerning any measure presented. Few Congressmen are indifferent to public sentiment when fairly formed and expressed, and all are anxious to maintain the respect and confidence of the people whom they serve. The late Samuel A. Witherspoon, a Representative in Congress from the State of Mississippi, was in many re- spects an unusual and interesting man. The dominant trait in his character was independence of thought and loyalty to his convictions of public duty. He exercised [120] Address of Mr. Robinson, of Arkansas his best conscience and judgment in determining the merits or demerits of a measure, and when he reached a conclusion promptly and frankly announced his attitude. No influence could shake him. Of all the men whom I have known in public and in private life, he was the most decisive in his views on public issues. Mr. Witherspoon rarely hesitated and never vacillated. He was cautious and deliberate in the study of a problem, but when he reached a solution he never doubted its correctness, and maintained it without apology. Many Congressmen experience great anxiety and worry over their attitude on public questions, even when they have done their best to promote the right. Mr. Wither- spoon never feared to meet any issue presented, and once having taken his stand, felt no fear of disapproval by others and yielded to no influence, however great, which sought to move him. He advanced aggressively to every legislative combat, strengthened and sustained by the con- viction that his cause was just. This attribute of true greatness, the ability to know his own mind, and to be true to it, was his most distinguished characteristic. Enjoying the advantages of a comprehen- sive education, trained in forensic contests by 30 years' experience at the bar, his services in the House of Rep- resentatives were of recognized and permanent value. Mr. Witherspoon engaged in many sharp contests and in some bitter controversies. He emerged from them all with the unqualified respect of his adversaries. However his associates in Congress may have differed from him on public questions, not one doubted his sincerity or ques- tioned his ability. It is inspiring to contemplate the career of a man devoted always to his duty, fearless always of opposition. It is not a mere eulogj' to ascribe to him unyielding loyaltj- to his conscientious convictions. We need not invoke the license which custom gi-ants when [121] Memorial Addresses: Representative Witherspoon men pay tribute to their departed friends. Mr. Wither- spoon earned this tribute. He enjoyed this reputation while living. His acquaintances universally ascribe to his memory the honor and the devotion which courage and determination alone command. In the annoyances and uncertainties of political life which at times must be ex- perienced, the will to do right in defiance of the powers that sometimes make us hesitate may be an unfailing source of strength and happiness. [122] Address of Mr. Williams, of Mississippi Mr. President: The grave is a great equalizer and silencer, not only of social and other differences of sta- tion, but of all human passions and human feelings. In its presence everything else sinks into insignificance. Men are no longer Democrats, or Republicans, or Pres- byterians, or Catholics, or Frenchmen, or Germans, or Christian, or Jew; they are simpl}^ men, and men who have passed away. Bj-^ its open portal all old acts of friendship are revived and remembered and emphasized; all old enmities are annihilated in the minds and hearts of all gentlemen. Upon this occasion I recall my first race for Congress in the State of Mississippi in 1892, now a generation ago, and I recall that among the useful and efficient friends who then advocated my cause, who then strove to ad- vance it, and imposed upon me a debt of gratitude, gladly recognized, was Samuel Andrew Witherspoon, of Lauder- dale County, Miss. Both of us at that time were young men ; he was born on May 4, 1855, and I less than a year previously. I recall with particular appreciation a speech made by him at a banquet given in the city of Meridian, in which he paid me undeserved but much appreciated compli- ment. In all my association with him, though we had differences of opinion later, I never forgot that occasion or the kind and entirely too partial words which there flowed from his lips. There is a philosophy of life which takes in " a contem- plation of death." I am, in my humble way, a disciple of that philosophy. Its central point is to remember pleas- ant traits about others and pleasant points of contact between one's self and other people. [123] Memorial Addresses: Representative Witherspoon Mr. "Witherspoon was a man far above the average in learning, breeding, and intellectual attainments and in liberal culture. He graduated from the University of Mississippi in 1876. The faculty showed its recognition of his scholarship by making him a tutor in Latin there for three years afterwards. Having earned the degree of A. B., the degrees of A. M. and LL. D. were subsequently conferred upon him by that institution, which has given to Mississippi and to the United States so many men of whom Mississippi is proud. There is something better in the world, however, than educational equipment and mental culture, and that is personal and intellectual integrity. Mr. Witherspoon possessed it. However much one might differ with him about questions of public policy, nobody, 1 think, ever doubted his sincerity or his personal honesty and courage of conviction. He was a good husband, a good brother, and a good father. Much more than that can not remain to be said of any man. I have always regretted very much that I was not able to attend liis funeral, in the city of Meridian, when he died. I live out in the countrj% and the news came too late for me to make the railway station in time to be there. 1 especially regretted it because he had dis- approved of some of my public conduct and opinion, and I wanted his wife and his children and his kinspeople and him, himself, in the other world, to know that, so far as I was concerned, all differences were buried in his grave, and that so far as 1 was concerned no real enmity had ever existed in my heart. Mississippi has adorned the pages of American history with some men of great intellectual force and eloquence. She has seldom disgraced those pages by sending to either House of the Congress of the United States or to the Cabinet or to the field of battle any man who was not [124] Address of Mr. Williams, of Mississippi honest and brave and true and loyal to the best traditions and to the loftiest ideals of the American Republic. I do not think that those who stood against the opinions advocated by Mr. Witherspoon would or could say that he had ever been otherwise than honest, personally and intellectually, and true to his conception of what consti- tuted the best traditions and ideals of his country. The name is an old one. It was borne by one who signed the Declaration of Independence and by one who was a Member of the Continental Congress. The name was not dishonored by Samuel A. Witherspoon during his lifetime but was worn in honor. Mr. President, as a further mark of respect to the memory of the deceased, I move that the Senate do now adjourn. The motion was unanimously agreed to; and (at 3 o'clock and 38 minutes p. m.) the Senate adjourned until Monday, March 27, 1916, at 12 o'clock m. ^ [125] I LBJl'17