^<>^^ ,;c -^^^on,^^^' '.%_ ^^^.^^-^V Cr-:^i^^% ^ '"" J^ s^ V ^ ■^^o< ^^^ ^ °. "'^^ A^^ . %^'o,,^^V- ^„„ 9x r,* 4^ % \ <^ -^ \W0:' A .N^ ?5 o^. ^ LIFE OF Matthew Hale Carpenter, VIEW OF THE HONORS AND ACHIEVEMENTS THAT, IN THE AMERICAN REPUBLIC, ARE THE FRUITS OF WELL-DIRECTED AMBITION AND PERSISTENT INDUSTRY. By frank a. flower. MADISON, WIS.; DAVID ATWOOD AND COMPANY 1883. 3 Cooy. Entered according to act of Congress, in the year eighteen hundred and eighty -three, By frank a. flower, in the office of the Librarian of Congress, at Washington, D. C. DAVID ATWOOD, PRINTEH AND 8TERE0TYPEH, MADISON, WIS. ^fj A PREFATORY NOTE. It is to be hoped no one will be deceived by the volume in hand. Its homely garb has no ambush of promise or pre- tense. It is not a scarlet banner sent out to infuriate the Tauri, nor a literary performance to challenge the vivisectors in the arena of criticism. Nor has the author uncovered his head for the meeds and bays of those who, kindlier if not wiser, pass through the fragrant garden of literature point- ing out only what is good or beautiful. It is only a humble tribute, designed to serve until something better and more fitting shall take its place. Nothing could be less; the author begs the belief that it is nothing more. But there shall be no apology. He will not assume such a dishonor as that, having been able, he yet neglected to do better. He has, so far as he knows, under the circumstances, done the best he could. Numerous difficulties in the way of compiling this volume have intervened. Some of them were not successfully sur- mounted, but all have been cheerfully met. Carpenter kept no journal, and those private documents and papers so necessary to secure a correct view of his career, were scat- tered and destroyed during the latter portion of his life, or after his death, by a train of untoward circumstances. The unreliability of human memory and the warped accounts of partisan newspapers, the only other sources from which the author could draw for much of his information, will account 4 A PREFATORY NOTE. largely for the lack of fullness and exactitude of detail that may be apparent. But all other faults spring directly from the author's own inexperience, poverty of words and dearth of idiomatic expression. These defects hampered his labors even more grievously, it is to be hoped, than they plague the pages which follow. Add to them the multifarious duties to which, in the struggle for daily bread, he was compelled to devote attention, together with the fact that the volume is the result of lamp-light toil and hours snatched from the periods of needed rest, and the short-comings of the offering wiU appear, if not less conspicuous, certainly not more offen- sive. An endeavor has been made to have aU statements clear and understandable. In this perhaps such success has been attained as will suffice for those who follow these pages for what may be discovered in them concerning Carpenter, If so, there is little left to be desired. The career of our subject in Congress has been somewhat closely followed. It was no less impossible than unnecessary to embellish the chapters thereon with excursive digressions and free descriptions ; yet they will nevertheless be found the most interesting, as they certainly are the most valuable sec- tions of the publication. Sometimes the traveler will hesitate about penetrating a great forest whose paths are strange to him; but once entered, he will find in its deepest recesses and remotest aisles, those rare flowers, rich perfumes and unriv- aled songsters that never grace common groves and plains. Perhaps the quotations from the writings and speeches of the subject are more liberal than is usual in a single volume of this character; but time will undoubtedly prove the value of such a plan. It shows with greater clearness and authen- ticity what he thought, and how he expressed those thoughts, A PREFATORY NOTE. 5 upon vital subjects to which he gave attention, than could be done by the most expert re-composition. The estimates placed upon him by the foremost men of modern times, have also been interwoven with the narrative. This is in some sense a new departure, but it is a bulwark behind which the author can successfully defend himself from any charge that, having become intoxicated with his subject, he elevated Car- penter one jot above his rightful place as a lawyer, as a statesman or as a genius. Herein the paths may be crooked and the hedges gro- tesquely planned or inartistically trimmed; yet no one ever discarded the rose because it budded among thorns, or re- fused to harvest corn because it grew in crooked rows. Take this volume as a conscientious compilation of some of the sayings and doings of a splendid genius and a great heart, and for nothing more. Those doings and sayings will be no less fresh and authentic because not surrounded by the P3rrotechnics of literature and the pretensions of ambition. FRANK A. FLOWER. Madison, December, 1883. Milwaukee, Wis., December i, 1883. David Atwood & Co., Publishers: Dear Sirs — I have thoroughly examined the Biography of my hus- band, the late Matthew Hale Carpenter, by Frank A. Flower, and so far as I have personal knowledge of the facts therein related, they are correct. The remainder comes from sources that are considered trust- worthy. Indeed, I am aware of nothing in the volume that is not essentially reliable. Truly yours, Caroline Carpenter. CONTENTS. LIFE OF MATTHEW HALE CARPENTER. CHAPTER I. A Rugged Birthplace 13 An Ancient Family 15 The Carpenters in America. ... 19 Childhood 22 Chopping Wood 27 Schoolmaster Miller 27 Holding Funerals 29 A Flood in Moretown 31 Webster's Reply to Hayne 31 CHAPTER II. At Paul Dillingham's 34 A Letter from Dillingham .... 3b Two Years at West Point 39 Class Standing 41 Letters from Classmates 42 A Report on Discipline 44 Again at Dillingham's 45 Testing Oratorical Powers 46 CHAPTER III. A Journey to Boston — Rufus Choate 48 Tantalizing Clerks 49 Favor in Choate's Eyes 49 Writes an Opinion Worth $100. 50 Enters Choate's Family 51 Credit at Little, Brown & Co.'s. 53 Preparing to Leave Boston. ... 54 Tender Gratitude 55 CHAPTER IV. Settling in Wisconsin 57 Disappointed in Beloit 58 I^ents an Office 59 Social Advancement 61 Trains a Military Company. ... 62 CHAPTER V. A Long Period of Darkness. . . 64 In New York 66 The Angel Mother 67 A Friendly Polyphemus 68 The True "Philosopher 69 A Visit to Vermont 72 Returns to Beloit 72 A Beautiful Incident 74 A Partnership 75 Bundy's Recollections 75 CHAPTER VI. Fair, ^Vhite Milwaukee 78 Newcomb Cleveland's Engage- ment 79 Lake Michigan's Eternal Mur- murs 81 CHAPTER VII. Beginning the Law 82 Chaffing Blaine and Sumner. . . 83 Whips His Grandfather 84 Carpenter against Edmunds ... 85 First Cause in Wisconsin 87 Letter from E.N.Baldwin 88 An August Body 89 Letter to His Wife 90 CHAPTER VIII. Excitement at Beloit 91 An Increasing Practice 94 The Mormons 95 CHAPTER IX. The Bashford-Barstow Broil, . . 97 A Racy Opening 98 Withdraws trom the Case 100 No Fee loi CHAPTER X. Conspiracy against Booth 102 Murder of Father Richmond.. 104 Judge Gilbert's Letter 105 Test-oath Cases 106 CHAPTER XI. The McCardle Case loS Miller's Radiant Face 109 A Powerful Argument 112 Letter from Edwin M. Stanton 113 " A Fearful Whirl " 115 CONTENTS. CHAPTER XII. Trial of W. W. Belknap 117 God Grants a New Trial 119 A Tragic Scene 123 CHAPTER XIII. The Electoral Commission 125 Zach. Chandler's Neglect 126 A Fraud as Good as a Majority 130 " Wet in the Passage " 131 CHAPTER XIV. Miscellaneous Causes 132 Military and Martial Laws. ..." 132 Myra Bradwell 133 The Slaughter-house Cases. . . . 134 The Whisky Cases 136 The Louisiana Lottery 137 Mrs Stephen A Douglas 138 The North- Western University. 139 Great Cases 140 CHAPTER XV. A Battle with Corporations .... 142 State Fair Oration of 1S69 144 Enemies Appear 149 A Test Case 151 Inter-state Commerce 153 The Potter Law 154 Governor Taylor's Proclamation 155 Midnight Research 156 An Ebullition of Slime 157 Charnel-house of Corporations 158 CHAPTER XVI. Admission to the Bar 162 Law Partners 163 Partnership Infelicity 165 CHAPTER XVII. United States Supreme Court.. 167 An " Eye on Old Chase " 169 No Limit to Praise 170 Justice Joseph P. Bradley's Trib- ute 171 An Estimate by Justice Samuel F, Miller 172 CHAPTER XVIII. Attributes and Tributes 174 Professional Industry 175 Methods of Labor 176 An Office in a Baggage Car ... 178 Work Without Pay 178 Professional Estimates 180 "An Immense Man " 181 David Davis and J. S. Black. , . 182 CHAPTER XIX. A Sprinkling of Politics 183 Machine Politicians 183 His First Office 184 The Missouri Compromise 186 Again in Office 187 Mene, Mene, Tekel, Upharsin, . 188 Letter to Samuel Crawford .... 189 Dodging the Flood 190 Stephen A. Douglas 191 CHAPTER XX. Country, not Party — Rebellion 193 The First Gun 194 " My Soul's in Arms " 196 Welcoming the Minute-men... 197 Party vs. Patriotism — Letter to Isaac Woodle 199 " Sweep Slavery Away " 202 Going to Enlist 205 Declining Congressional Hon- ors 206 A Change of Front 208 The Immortal Decree 208 Only Two Parties 211 The Ryan Address 212 Jackson and Washington in War 213 CHAPTER XXI. Revolt against the Draft 217 Stanton's Stay-at-home Order . 218 More Gospel of Patriotism 219 A Famous Letter 221 The Returning Throb of Early Love 228 CHAPTER XXII. The Janesville Convention 230 Divorce a Vinculo Matrimonii. . 232 Another Call 233 McClellan and Pendleton 234 Circumcision Without Regener- ation 235 The Ancient Springs 237 CHAPTER XXIII. Reconstruction — Negro Suf- frage 239 Speech at the Sherman Banquet in Janesville 240 The Votaries of " My Policy ". . 243 Respects to James R. Doolittle. 245 Immortal Logic 245 " Good for the Negro " 249 The Democracy Agitated 250 CHAPTER XXIV. First Senatorial Campaign 252 Starting the Ball 253 A. M. Thomson's Encyclical Letter 254 Boyish Embarrassment 255 Supporting Grant 257 CONTENTS. Robust Recruits 259 The Good Parsons 261 Prize Declamations 262 Befuddled Competitors 2''>3 Behind the Scenes 264 The Fifth Ballot Brings Suc- cess 265 An Ovation 267 Confirmed 268 CHAPTER XXV. Yet No Rest 270 Greeley and Secession 271 Charles Sumner's "Madness". 273 CHAPTER XXVI. Shocking Political Adultery . . . 276 Letter to H. C. Payne 276 The Flood-gates Opened 278 A Noble Defender 281 The Poland " Gag-law " 282 Washburn and Howe 283 The Combat Deepens 2S4 Washburn's Letter to General Rusk 285 The Bolters 285 Nominated on the First Formal Ballot 287 Pressure from Home 288 Threats Materialized 290 Miscegenation 291 Angus Cameron's Letter 291 " Eating Crow " 293 The Sweets of Adversity 295 Welcome Home 296 A Confidential Talk 298 The Fruit ot Disaster 300 CHAPTER XXVII. Still on the Hustings 302 Firing at the Flock 303 More Juicy Letters 307 Worthy of Junius — A Letter to Washburn 309 CHAPTER XXVIII. Victory and Retribution 315 Mystification 3i() A Naive Reply 317 The Chicago Tribune Chal- lenged 318 The Matter Settled — A Peti- tion 320 Lost in the Bear-garden 322 Latter to H. M. Kutciiin 323 Reply to Geo. W. Allen 324 On the Stump ... 328 The Eve of Battle 328 Nineiy-five Ballots 33(i Victory 330 The People Rejoice 331 A Demonstration in Milwau- kee 332 Welcomed Back to Washington 333 Genuine Civil Service Reform. 334 CHAPTER XXIX. In the United States Senate. . . . 336 Maiden Efforts 3 ^.6 His First Speech 337 A Special Ses-^ion 33S So-called Loyal Claimants 339 Reconstructing Georgia 340 A Clash with Sumner 342 Georgia and Mississippi 345 When the Elephant Turns on its Friends 346 Return of the Old Dominion. . 347 Twenty-five Years of Cooling Down 348 The Spanish Gun-boats — Cuba 349 Splendid Indorsements 352 " Webster of the West" 354 An "Inhabitant" or a "Resi- dent" 355 Enforcing the Amendments. . . . 356 Large Offices, Small Pay 357 Protecting Citizens Abroad.... 358 The Franking Privilege 359 A Snug Little Job 361 Tariff and Taxes 362 Citizenship of the Chinese 362 Pensions — Corporations 363 Wisconsin Measures 364 CHAPTER XXX. Forty-first Congress 366 A " "Peculiar " Claim 366 Co-education of Whites and Blacks 368 Salaries of Judges 369 Claims 370 Four Georgia Senators 371 The Iron-clad Oath 372 Smothered Measures 373 CHAPTER XXXI. Forty- second Congress 374 Special Session — A Stormy Period 375 Newspaper Correspondents Dine 377 Senator Nye's Indignation 379 CHAPTER XXXII. Fort^- -second Congress — Sec ond Session 3S0 Gilte.ige Vagaries 380 The Chicago Fire 382 Sumner's Civil Rights Bill 3S3 Carpenter's Amendment 3S4 Lesser Matters 385 Nourishing His Enemies 385 lO CONTENTS. Void Votes Defined 386 Confused on the Tariff 38S Clearing Out Cobwebs 388 The Ku Klux Act 3S9 A Towering Humbug 390 CHAPTER XXXIII. Sales of Arms to French Agents 392 Sumner's Attack on Grant 394 A Gallant Defense of Grant. . . 395 How Stanton was Appointed . , . 399 Stanton and Grant 400 A View of the Controversy. . . . 401 " Peace to His Ashes " 404 CHAPTER XXXIV. Forty-second Congress — Third Session 405 The Boston Fire 405 Franking Privilege Abolished.. 406 Fillmore's Sanction of Polygamy 407 " Back Pay " 407 Splendid Tribute to Wisconsin. 40S CHAPTER XXXV. Money in Politics 410 Forty-third Congress — " Back Pay " 410 Enemy's Property Defined .... 411 A Senator's Luxuries 412 Foreign Provinces in America. 413 An Historical Chapter 41^ Cuban Freedom 416 Another Civil Rights Bill 416 Imposts, Commerce and Suf- frage 416 First Term Ended 417 Another Prophecy Fulfilled. . . . 418 " Attorney at Law " 419 CHAPTER XXXVI. Re-appearance in the Senate. . . 420 Fighting the Mexicanizers 421 Res Adj iidicata 422 Shields and Webster 423 A National Disgrace 424 Sea-sickness in Washington. . . . 425 Free Riots on Election Day. . . . 425 CHAPTER XXXVII. A Tedious Session 428 The Broken, Tattered Constitu- tion 428 The Supply of Indian Wars... 429 Fitz John Porter 430 Carpenter's Argument 432 Baxter's Gloomy Warning 434 A Tilt with Blaine 434 The Third-term Question 436 The Geneva Award, 437 Red Tape 438 Pure Elections 438 CHAPTER XXXVIII. Closing Labors 440 Astonishing Statutes 442 The Disgrace Still a Disgrace . 443 Last Voice and Vote 444 CHAPTER XXXIX. President Pro Tempore 445 Committees and Committee Service 445 Indians and Citizenship 447 Official Luxuries 44S CHAPTER XL. Louisiana — Tumult and Blood- shed 451 Absolute Chaos 453 The Wiser Remedy 455 A Visit to Louisiana 456 The Mosaic Law — "Kill Him " 458 Addressing the Discordant Ele- ments 459 New Orleans of the Future. . . . 462 Back in the Senate .■ 462 The Hayes-Tilden Dead-lock Predicted 464 CHAPTER XLI. Facing the Storm — " Back Pay " 466 Proper Compensation .* 469 The Retroactive Section 472 CHAPTER XLII. Baffled Conspirators 474 " Whisky-ring " Discovered. . . . 475 Carpenter, Keyes and Payne... 476 Welcome Home 477 Letter to Mrs. Carpenter 478 Vindication 479 CHAPTER XLIII. Miscellaneous Addresses 481 Seven Hundred and Fifty Heroes 482 Another Splendid Oration 4S5 Advice to Young Lawyers. . . . 488 Professional Rewards 490 A Charity Homily 491 Fifty Thousand Hearers 494 A Funeral Oration 495 "Is that God, Mamma.?"' 496 Republics Not Ungrateful 497 Tribute to the Press 497 Divine Word-painting 497 Death of Reverdy Johnson. . . . 499 Hidden Blessings 500 CHAPTER XLIV. Impartial Suffrage 502 Equal Suffrage Predicted 502 Myra Brad well's Case ; . . 503 CONTENTS. II The Fifteenth Amendment. .. . 504 Susan B. Anthony Arrested... 505 A Plea in the Senate 506 God's Great Congregation 507 A Man of the People 510 CHAPTER XLV. Use and Love of Books 513 Love of Children 515 Letter to W. S.Carter 516 Moral Courage 521 Official Integrity 522 A Powerful Memory 523 W. P. Kellogg's Illustration 524 A Wonderful Voice 526 Peculiarities of Oratory 528 Carpenter Describes Oratory. . . 529 CHAPTER XLVI. Physical Appearance 532 Portraits 535 Charity 536 Good Hearts 539 The Washington Apple-woman 542 CHAPTER XLVII. Religious Views 543 Montreal Cathedral 544 Favorite Divmes 545 Letter to David Swing 546 " I Believe This " 547 Without Malice 548 Who is Without Sin.' 549 Worldly Possessions 550 The Carpenter Homestead 551 Domestic Life 551 CHAPTER XLVIII. Notes and Anecdotes 553 Writes Sermons for Rev. Eddy. 554 Cheap Contempt 554 Ryan and the Peddler 556 Mosher's Obituary 558 Joseph L. Atherton's Letter.., 5S9 "Dear Carp." 562 Carpenter and Black in Disha- bille 563 Prophecies 564 Secret Honors 565 Letter from Grant 566 CHAPTER XLIX. Sickness and Death 568 " It is Incurable " 569 " God Protect My Babies " 571 Letter to Mrs. Carpenter 571 Charles G. Williams' Address. 572 Arthur MacArthur at the Death- bed 573 Official Formalities 575 The Funeral 578 Roscoe Conkling's Gem 579 Tributes 580 An Epitaph by J. S. Black 584 LIFE OF MATTHEW HALE CARPENTER. CHAPTER I. A RUGGED BIRTHPLACE. At the very heart of Vermont, in the center of Washing- ton county, torn by a torrent called Mad river and pierced by the eastern spine of the Green mountain range, in ro- mantic quietness nestles Moretown, the birthplace of IMatthew Hale Carpenter. It was a rugged and beautiful belief of the ancient Greeks that their ancestors sprung directly from the sacred soil of Greece. Their love of country was deep and intense, because, when they worshiped their native land, it was honoring their beloved mother. Therefore, when the Greek orators came forth to eulogize statesmen and warriors, or pronounce funeral orations, they began by an apostrophe to the land of their birth. This custom exercised great influence in making Greece one of the marked nations of the earth in patriotism and subsequently in enlightenment. Thus, every country sends forth her sons stamped with the characteristics of the locality in which they were born. The children of the prairie are broad, untrammeled and progressive, while the dwellers of the mountains are stui-dy, thrifty, valorous and lovers of freedom. " It has often occurred to me since Carpenter's untimely death," observed a colleague in the senate chamber, "that the scenes and natural surroundings of his childhood — scenes with which I am personally somewhat familiar — may have exercised no little influence upon his later career. He was born on the side of a mountain, down which and past his dwelling rushed the Mad river, impatient of all obstacles, at 14 LIFE OF CARPENTER. times swollen with rains or melted snows, a torrent resist- lessly impetuous in its force, and at other times sparkling in the generous sunlight and filling the pleasant valleys below with liquid music. The varied moods of nature in his moun- tain home were reflected in his after life, and gave tone and color to his maturer years." Moretown is indeed a sequestered spot. It is stretched on a mountain-side, sloping mostly to the westward. The lesser peaks of the eastern ridge of the Green mountains form its eastern boundary; adown its western half dashes the Mad river, which falls into the Winooski or Onion river on the north ; and out of the west, overlooking a beautiful panorama of broken rock and green, the blue and bold outlines of the Camel's Hump rise four thousand feet into the clouds. Mont- pelier, the capital of the state, is ten or a dozen miles up the Winooski river, and Waterbury an equal distance below — staid, quiet, cultivated places, in strange contrast with the rough surroundings and the tumultuous waters that sometimes rush past their doors. But it is, withal, just such a vale as a poet would have chosen to be the birthplace of a man like Carpenter. " 'Tis a rough land of earth and stone and tree, Where breathes no castled lord or cabin'd slave; Where thoughts and tongues and hands are bold and free, And friends will find a welcome, foes a grave; And where none kneel save when to Heaven they pray— . Nor even then, unless in their own way. "They love their land because it is their own, And scorn to give aught other reason why — Would shake hands with a king upon his throne And think it kindness to his majesty. A stubborn race, fearing and flattering none — Such are they nurtured, such they live and die. ••And minds have there been nurtured whose control Is felt even in their nation's destiny; Men who swayed senates with a statesman's soul And look'd on armies with a leader's eye — Names that adorn and dignify the scroll Whose leaves contain their country's history." 1 1 Fitz-Greene Halleck. AN ANCIENT FAMILY. I5 AN ANCIENT FAMILY. The inhabitants of the northern provinces of France, more particuhirly those of Normancl\-, be^^an, very soon after the year looo, for the purpose of preserving an uncorrupted line of distinction for those who had acquired fame or property, to use family surnames. This custom was carried into Eng- land by the Normans under William the Conquerer. Among William's sixty thousand soldiers, present at the battle of Has- tings, A. D. 1066, were warriors of the name of Charpentier, who remained in Britain to carry out over his new subjects the deep and tyrannous plans of that rigorous invader. But as Domesday Book, that stupendous monument to William's far-reaching genius, apd the most valuable record of olden times possessed by any nation, mentions Carpenters in the various "hundreds" of Hereford, Kent, and other districts, it is impossible to say definitely in what direction through Eng- land came the present family of Carpenters — whether from ancient Britons, more ancient Romans, or ancient Normans, or a mixture of all. There were two principal sources of family surnames in establishing distinct families, those arising from locality and those describing occupation. The Carpenters were of the latter; and, therefore, as surnames were not in vogue in Britain at the invasion of William the Conquerer, those pure Britons entered in Domesday Book under that name were undoubtedly such builders or wood-workers as had arrived at the dignity of possessing a pig or a yardland of ground, and were therefore to be put upon record as carpenters (the same as bakers or websters) owing tribute to the king. As soon as the habit of adopting fixed names became estab- lished, the significance of these descriptive titles disappeared, and the sons of Carpenters, while bearing a name indicating that they originally sprung from builders and wood artisans, became masons, miners, physicians, gentlemen and nobles; and the sons of Bakers and Miners became carpenters, web- sters, tanners, and the like. l6 LIFE OF CARPENTER. It is asserted, though the records in proof are vague, that Edward II caused an act to be passed compelling the use of family names according to locality and occupation, thus fix- ing the date for the common use in England of Carpenter, Baker, etc., to describe families and tribes, at 1308. It is certain, however, that in 1465 Edward IV had an act pub- lished compelling all subjects who had not yet adopted that style to " goe apparelled like Englishmen, weare their beards like Englishmen, and take English surnames like unto their townes, as Chester, their arte, as Carpenter, or their office, as Cooke or Butler." The reign of the Norman kings in Great Britain closed in 1 1 54, and thereafter, under the reign of the Plantagenets and the Tudors, some of the Carpenter family arose to distinc- tion. They spread into various counties and became bishops, sheriffs, judges and gentlemen. There is a tradition that the Carpenter with whom this volume will deal descended from an ancient family of that name in Hereford, a county border- ing on Wales. A moment's attention will therefore be given to this source of descent. The H^ereford portion of the Domesday Book mentions Carpenters and Carpentarii, so they were early and prominent occupants of that fertile and beautiful section. The Norman nobles who setded in Hereford and along the Welsh border were called the " Lords Marchers." Sub- sequently, in the Red Book of the Exchequer they were styled Marchiones Wallise (marchers or governors of the border land of Wales). During the reign of Richard :' a nobleman of this sort became a marquis. These pri nal lords marchers were similar to barons and sat in parliament. They made laws, and all suits, not concerning a barony itself, between tenants, or between tenants and others, were begun and concluded before them. Their jurisdiction being original and unlimited, they fell into the ways of tyranny, in- justice and public outrage. Their " exactions, molestations, undue delays, malpractices, exorbitant fees and intolerable impoverishments" became such a scandal that a court of AN ANCIENT FAMILY. I7 judicature was instituted under Edward IV with noblemen residing at Ludlow castle as lords lieutenants of the marches. These lieutenants were surrounded by the highest circum- stances of royalty until their dissolution by act of parliament under William and Mary. The first lord lieutenant of the marches was John Carpenter, who opened court amidst the costliest splendors, in 1469. He wore the robes about four- teen years, " making certain ordinances and punishments for the weale and tranquility of the towne." Hereford, though ancient and rich, has had less of her his- tory written than almost any other county of Great Britain; so but little more is seen of this particular line of Carpenters until Cromwell's time, in which they are mentioned as sol- diers of great strength and valor. Charles II succeeded Richard Cromwell in 1660, and in the official lists of " men of Noble and Gentle birth " made at that time for Hereford, appear "Thomas Carpenter, gentleman, Rudhall Carpen- ter, Esquire, Thomas Carpenter, Esquire,^ and Corne- wall Carpenter, gentleman," all of whom had sons and brothers. The list of sheriffs, doing the earl's will and carrying the king's writs, extends in Hereford from a period previous to the Norman conquest. In this list may be found several Carpenters, who were especially strong under Queen Anne and George I. Subsequently, the Carpenter nobility and gentry — descendants of the honorable men of Domesday — 1 In "recording and accurately displaying the remarkable actions and sufferings, virtues, vices, parts and learning" of the Hereford Carpen- ters, " from the earliest accounts of time to the present period," an early English biographical work in eight volumes has this account of George (Lord) Carpenter: " He was descended from an ancient family in Hertford- shire [Hereford], and born m Pitchers Ocull, in that county, on the loth of February, 1657, and was the son of Warncomb Carpenter, sixth son of Thomas Carpenter, Esq., lord of the manor of 1 lomme [Holme] in the parish of Dilwynne, near Woebly ; which manor, with a considerable estate, has been in this family and lineally descended from father to son for above four hundred years, and is now [1795] in the possession of the Earl of Tvrcon- nel." . 3 l8 LIFE OF CARPENTER. were endowed with coat-armor.^ It is difficult to trace the circumstances under which this armor fell to them, as com- paratively few families of the gentry have any exact date of their arms. The College of Arms goes back only to the reign of Richard III. Previous to that time, coat-armor was the immediate gift of royalty, or conferred by commanders upon those who had earned it by valor in battle. The crest and motto of the Carpenters have the appearance of having come from the latter class. At least, several of the family in early generations were distinguished commanders. It may now be discernible that the Carpenter family is ancient, noble and gentle — one of the very oldest of dis- tinctive human tribes in Britain. The large number of that name found in the records with the christian prefix of William tends to establish their Norman descent; yet, as Carpenters were listed in 1080 in Domesday who could not have been Normans, they may have come down through feuds and blood from the Fabers, Fabricuses and Carpentarii of the Romans. Lower, one of the most noted of English phi- lologists, says the Carpentarii of Domesday Book were "tenants-in-chief and honorable men." They would seem, therefore, to have been Romans. The subject of this memoir was descended from those hardy immigrants who were among the very first settlers of New England. With the crossing of the ocean not only all nobility but all connection with it was technically destroyed. Otherwise, a vast estate, lying in trust in England for the Carpenters, might be secured, and a perfect line of descent back to the Norman invasion be herein presented. But where indefatigable lawyers, drawn forward by the enticing glow of an almost limitless legacy, have failed, a mere biog- rapher is content to go on, admitting his defeat in the attempt to connect, in close legal manner, the Carpenter line 1 " Paly of six ar. and gu. on a chev. az. three crosses crosslet or. Cres^ — A globe in frame, all or. Supporters — Two horses, per fesse embattled ar. and gu. Motto — Per acuta belli." — Burke's General Armory. THE CARPENTERS IN AMERICA. I9 of primogeniture in England and America, feeling safe to assert, however, after exhaustive research, that British and American records and traditions are sufficiently corrobora- tive of each other to give credence to the genealogy now assumed. THE CARPENTERS IN AMERICA. (i) William Carpenter, born in England in 1576, sailed from Southampton in the Bevis in May, 1638, and landed probably at Boston. He was accompanied by his son (2) William, aged 33, who had a wife, Abigail, and four chil- dren " of ten years olde and less." He settled at Weymouth, Mass., became a freeman in May, 1640, and was a repre- sentative in 1641 and 1643. He died in 1659. The second (2) William took up an abode with his family and servant at Rehoboth, Mass. Among his four children, born in Eng- land and brought over in the Bevis, was (3) William, who, October 5, 165 1, married Priscilla Bonnet (or Bonette). Of his children, (4) Benjamin, born October 20, 1663, married Hannah, daughter of Jedediah Strong. Benjamin's tenth child, (5) Ebenezer, born at Coventry, Ct., November 9, 1709, married Eunice Thompson, and among his children was (6) James, born at Coventry, April 15, 1741, who mar- ried Irene Ladd. James had fourteen children, of whom (7) Cephas, born at Coventry, July 8, 1770, married Anna Benton and reared ten children, of whom (8) Ira, born at Moretown, Vt., April 29, 1798, married Esther Ann Luce (born December 24, 1802). She died February i, 1835, leav- ing four children — (9) Decatur Merritt Hammond,' whose narrative we are now following, born December 22, 1824; Anna Amelia, born June 17, 1827, married and resides at Grand Forks, Dakota; Esther Johnson, born March 23, 1 Subsequently, as will appear farther on, his name was changed to Mat- thew Hale Carpenter; but Merritt will be used to designate him in connec- tion with any incident related in this work that transpired before that chang^e was made. 20 LIFE OF CARPENTER. 1830, married and resides at St. Paul, Minn.; and Cephas Warner, born August 2, 1832, and resides at St. Paul, Minn. Ira Carpenter, marrying a second time, increased his family by four sons and two daughters. The second marriage resulted in sending the children of the first wife out to early efforts in their own behalf, making, prac- tically, a separate family of them, as we shall see pres- ently by following the footsteps of Merritt, whose early fortunes were but little different from those of his brother and sisters. The Carpenters were generally of good stock, mentally and physically. They have, beginning as far back as 1641, held various offices of honor and trust and occupied respect- able positions in their several communities in Massachusetts, Connecticut and Vermont. They have, for more than two centuries, fought all the battles of their country — against the aborigines in defense of their humble cabins and plantations; against the French and Indians, twice against the British, against the Mexicans, and at last in the Rebellion for the extirpation of the oligarchy of slavery. Their names have entered history as clergymen, attorneys, manufacturers, sol- diers, representatives, journalists, physicians and judges of rather more than ordinary reputation. Coming to America in the earliest colonial times, "their sons and their sons' sons," having wrought the desert into a garden, planted civilization in the abodes of savagery, and reared, amidst the surrounding realms of autocracy and bondage, an empire of freedom that is shaking the gyves from all mankind, have now " compassed all the lands round about." Esther Ann Luce, Merritt's mother, was the daughter of a minister of some renown, and a woman of more than ordinary personal attractions and mental accomplishments. She was a sweet-tempered, gentle. Christian woman, who had the fear of God before her eyes. Naturally ambitious concerning the worldly welfare and honor of her children, she was yet more solicitous for their spiritual well-being. THE CARPENTERS IN AMERICA. 21 Living, she reared them gently, teaching the beauty and sweetness of the golden rule; and dying, committed their future to Him who sent manna to the children of Israel in the wilderness and who tempereth the winds to the shorn lamb. She died blessing her babes and her Savior, but blessed the world by leaving in Merritt's sobbing breast the sunny temper and the tender heart that had made herself so lovely. Ira Carpenter was a particularly fine-looking man, easy in his manner, social in his habits, and a favorite among acquaintances. For more than twenty years he held the office of deputy sherifl' or sheriff, and was frequently con- stable of the town, justice of the peace, postmaster and repre- sentative in the legislature. He was well posted in politics, a fluent debater among his neighbors, and stronge!" than the ordinary run of men in argument and logic. Although agile, trustworthy and shrewd in business methods, he never- theless accumulated no property. He departed this life at Warren, Vt., October 23, 1862. Cephas Carpenter was a man of vigorous intellect, giant frame and prominent characteristics. He was robust phys- ically and mentally. For the extraordinary period of forty years he was a justice of the peace in Moretown, and pre- sided at the trial of cases almost without number. If a cause chanced to go to trial before another justice, Cephas Carpen- ter was generally present acting as counsel for one or the other of the parties litigant. He had a clear idea of equity and knew a great deal of law. " The Vermont Historical * Gazetteer" records of him: "He was a good lawyer though not a member of any bar." His adroitness and sturdy eloquence hardly ever failed to bring discomfiture upon the best regular practitioners who opposed him. Law was his business, theology his pleasure, and it was notorious that he whipped the professional advocates of the former as easily as he put to rout the regular divines of the latter. If there was any one to oppose him, he would argue theology 22 LIFE OF CARPENTER. by the day, and it was the common understanding in his neighborhood that "Col. Carpenter had never met his match." It is certain that he was a man of no ordinary parts, and that, had he been schooled and trained in law or theology, he would have become a famous character. His admirable mental and many of his physical qualities re- appeared in his grandson, whose life is presented in this vol- ume, and there received the culture and training he lacked so much but so richly deserved. His death occurred in peace and quietness, at the ripe age of eighty-nine, beloved and respected by all who knew him. He was one of the very first settlers of Moretown, and amid many privations and hardships, helped to pay for the land in the original purchase at so many ears of maize per acre. CHILDHOOD. If it had any bearing further than to picture traits of char- acter, much that is interesting might be said concerning Carpenter's childhood. His mother dying when he was slightly more than ten years of age, a step-mother was brought to take her place less than a twelve-month later. Although this was a wise move for his younger brothers and sisters, it was not relished by him, who never got on harmo- niously with the second mother. In babyhood or boyhood he was not an ordinary child. At the age of two years his shapely head was stroked by Paul Dillingham, the successful Waterbury attorney, who expanded and nourished the mother's natural pride by ob- serving that her child had a fine brain and must be trained for a distinguished future. This semi-prophecy was never forgotten, and as soon as he could utter simple words, Mrs. Carpenter began to teach her babe the letters of the alpha- bet from the few stiff sentences that adorned the family cook-stove. He learned easily, and before his little legs could carry him straight and steady, was in the habit of astonishing the neighbors by repeating every letter the stove CHILDHOOD. 23 contained. From this he advanced to other things, and when he had arrived at school age, was the " smartest lad in Moretown." Although Merritt grew rapidly, had thick, beautiful hair and was a handsome child, he was not robust. On the con- trary he was rather pale and slim, and by his companions was sometimes called " spindle-shanks." He loved reading and was very studious in school, but from the very first was on exceedingly bad terms with all forms of manual labor. To be exactly truthful, he hated work, and manifested his first shrewdness in devising means to avoid it. He loved to read and play, and if left to himself would divide the time about evenly between the two. His father, as constable, sheriff, and deputy sheriff, was generally compelled to spend much of his time in absence from home. Before leaving in the morning it was usual for him to lay out a day's work for Merritt, and it was equally usual for him to return at night and find the task incomplete or untouched. All the means of coercion known in those sturdy days were resorted to in vain ; the boy did not and would not work. Upon one occa- sion, the paternal Carpenter told the son he must hoe a certain piece of corn or receive a " sound whipping." After the father had mounted his horse and departed, Merritt shouldered a hoe and proceeded to avoid chastisement. On the following morning, Mr. Carpenter went to the garden to view the labors of his promising offspring, and found that each hill of corn had been slightly scratched around close up to the roots of the stalks, while in between the rows the swamp of noxious weeds remained untouched. Returning briskly to the house, the father called Merritt before him. " I thought I told you to hoe that corn," was the stern ejaculation. " I did hoe it, father, every hill of the patch," replied the boy with becoming gentility. " Yes, you did, at a great rate ! The weeds are just as thick as ever," said the father, in a still more threatening tone. "You never touched them." "But father," pleaded the young Bacon with well-assumed 24 LIFE OF CARPENTER. simplicity of manner, " you only told me to hoe the corn. I didn't know you wanted the weeds hoed, too! " Shrewdness and naiveness probably saved him a whipping, but finally Merritt was obliged to hoe both the weeds and the corn, greatly to his childish disgust. At another time, before riding to Montpelier to attend to the day's business, Mr. Carpenter said to his son : " Mer- ritt, I have hired Johnny Eagan to hoe potatoes. Now you must help him, and what you and he don't do to-day, you will be obliged to finish to-morrow without help, for I can afford to hire but one day's work." Now, Johnny Eagan was exceedingly fond of Merritt and also partial toward "just the laste dhrap ol the cratur." The two un- derstood each other perfectly. The boy, therefore, having formulated his plan for the day, went early and purchased a small decanter of whisky, and leaving his hoe hanging comfortably in the wood-shed, proceeded to the potato-patch with a book and the botde. At seven o'clock, at the first hill of the first row, he gave Johnny a light draught, and, running to the other side of the field, shook the flagon, cried " come on," and settled down to read. Johnny hoed through the row as if propelled by steam, and as a reward had another brief pull at the liquor. Merritt then turned back to the place of beginning, again raised aloft the flagon so the sun would glint through the amber depths of the "water of life" it contained, shouted again "come on, Johnny," and resumed his book. This process was repeated in various forms during the day, and when the elder Carpenter re- turned at night, he found Merritt as fresh and jolly as a cricket, every hill of potatoes well hoed, and Johnny stretched upon a bench reeking wet with perspiration and weak from weariness. Since that day it has not been uncommon in Moretown to hear whisky mentioned as " Carpenter's potato cultivator." But the most interesting feature remains to be related. A still deeper friendship sprung up between Mer- ritt Carpenter and Johnny Eagan, which lasted until the end CHILDHOOD. 25 of life, and never, after Carpenter went west and became a conspicuous figure in the nation, did he go back to Vermont without procuring a carriage and driving up the Green mountains to " Hardscrabble Hill," to greet and visit in his humble home the jolly Irishman who saved him a day's work, in the potato-patch. 'The last time these curious friends met was after the kind-hearted Irishman had passed his eightieth year. Carpenter was to pay a brief visit to Moretown, and sent in advance to have a carriage bring the withered com- panion of his youth down from the mountain. The request was complied with, and when the two came together they clasped each other like brothers. After he had been elected to the senate. Carpenter came across an old friend from Moretown, and the two settled down together to review the scenes of their childhood. One after another the fates and successes of old acquaintances were discussed, and when the friend announced that Johnny Eagan had " gone the way of all the earth," Carpenter bowed his head and wept. But it is not difficult to account for the apparently strange freak of love between a bright, playful child and a poor old Irishman. Merritt was a boy of conspicuous winsomeness and promise, and Eagan, though brought down to poverty and obscurity by many misfortunes, had been well bred and well educated, and retained all his intellectuality and love of it in others. He delighted in the sympathetic and eloquent reading of his young friend, and would at any time, in order to hear it, saw wood, hoe in the garden, or lift other tasks from Merritt's shoulders. After all, the boy was not lazy. He was misjudged. The work-a-day people of Moretown thought his hatred of hoe and " hard-pan " meant indolence. Therein they were hon- estly mistaken. He would begin any book or branch of study with eagerness and pursue it to the end with persist- ent diligence, but he simply would not bend his back to manual labor when there was a possible mode of escape, though extremely industrious in the direction of his inclina- 26 LIFE OF CARPENTER. tions. His favorite companion was a playful, sturdy lad named " Joe " Sawyer. They were almost constantly to- gether, although their homes were on opposite sides of the Mad river. They did nothing particularly mischievous or out of character, simply played up and down the river or sat in some rocky nook listening to each other's spirited reading. This Utopian programme of boyhood brought no return to either family, but greatly annoyed the fathers of both, who, as was wont in those close and thrifty days, looked upon idleness or play as something actually next to the bad. The elder Carpenter and Sawyer, counseling together upon the general unproductiveness of their boys, determined to keep them apart. Each, therefore, told his son not to cross the Mad river. The order was delivered in the early morning to young Carpenter, with the father's addendum that he was determined to prevent the squandering of so much valuable time in play with " Joe " Sawyer. After breakfast Merritt went to the bridge crossing the river, hung his legs over the side of the structure, and began a loud, long whistle, a sort of bugle-call. In a short time "Joe " came sauntering toward the whistler. The two boys, with mutually droll winks, met and played together, spending an. exceedingly joyous day on the bridge. When they parted at night Mer- ritt shrewdly observed: "Now, we haven't crossed the river nor disobeyed our fathers, have we, Joe ? " The boys learned their lessons easily and quickly, and therefore had an overabundance of leisure for those gallop- ing frolics and mischievous pranks in school which, though perpetrated without the faintest trace of wickedness or malice, were nevertheless extremely annoying to the teach- ers. On one occasion during the winter after Merritt was thirteen years of age, he and his crony, with other large boys, had turned two teachers out of the Moretown school. That is, they had made things so disagreeable generally that the teachers, who were really incompetent both in education and discipline, abandoned the school. A third had been en- CHILDHOOD. 27 gaged, but as he was no improvement upon the others, the boys, unable to proceed satisfactorily with their studies, began to vex him and to lay plans for his dethronement. At this point Merritt and " Joe " were sent by their respective fathers, who had counseled together again, into the neigh- boring forest to chop wood. They received with their axes a promise that whenever they would bind themselves to cease their vexatious conduct toward the pedagogue, they might return from the forest and resume steady attendance upon school. At the end of a week, sore and weary, they resolved that the lot of a meek and subjugated student was preferable to that of the greatest wood-chopper. With axes and buoyancy equally dulled, they thereupon returned to Moretown, and on the following Monday created a gentle sensation by resuming their accustomed seats. The boys were fine scholars for persons of their ages, and really de- sirous of further proficiency; but the third teacher proving as weak and inefficient as the others, they soon determined to expel him, and in a very few days accomplished it by bar- ricading the doors against his entrance. This action was not much regretted by the officers of the district, though naturally it could not be openly indorsed. They at once in- stalled an elderly gentleman named Miller. He was of lib- eral education and stern discipline, and carried the school through with success and satisfaction. In connection with his pedagogic reign an incident must be brought in at this pomt. Among the leading featiJIs of winter life in the country as far back as 1837 were the jolly, old-fashioned spelling-schools. They were planned and consummated with a zest unknown to modern days, and possessed a charm that never failed to draw out the entire community, old and young. In the spelling-schools of Moretown Merritt always had a prominent part, being the best declaimer in the village. Mr. Miller's term was not without the usual number of them, and at a certain one Merritt was to declaim one of the brilliant orations of Henry Clay. He and his Grandfather 28 LIFE OF CARPENTER. Carpenter were both ardent admirers of the Kentucky statesman, and when the crowd gathered in the evening, it was noted with interest that a large and striking portrait of Clay occupied the most sightly place on the rostrum. Miller was of the opposite political devotions, and, being of determined convictions, disliked Clay even more vehe- mently than young Carpenter admired him. On entering the school -house his eye fell instantly upon the offending picture. The audience knew full well his hatred of Clay, and dropped suddenly into an anxious silence to observe what course of procedure the teacher would ad6pt. He halted with abrupt and tragic indignation, and throwing his piercing glances searchingly over the crowded room, de- manded: "Who had the temerity to perpetrate this insult — who swung that picture ? " Merritt, with the frankness and fearlessness that characterized his youth as well as his man- hood, arose without delay and answered: " I did, sir." The master's eyes blazed as he hesitated for a moment to deter- mine what should be done, and he thundered: " Remove it instantly; take it out of the house !" Merritt proceeded to the rostrum in silent but grieved obedience to the master's command. He had hardly unstrung the reflective face of the immortal author of the American System before the massive head and shoulders of his grandfather, Cephas Car- penter, towered above the assemblage. All eyes turned toward him apprehensively, for it was possible that he would hurl the angry teacher from the room. Though his every ligament and motion betrayed agitation, he made no demon- stration toward the offender, but stretching forth his long arms he said, with all the eloquence of earnestness: "Come here with it, my boy ! " Merritt obeyed as implicitly as though he had received no contradictory order from the teacher, and his aged grandparent, still erect, clasped the portrait, kissed it tenderly and pressed it to his bosom. Silence reigned for some minutes after the closing of this in- tensely dramatic scene. The baffled master stood motion- CHILDHOOD. 29 less and speechless, and all were pained with the apparent impossibility of finding a way to start the proceedings for- ward in their usual rut. Fortunately, a sleigh of visitors from a neighboring district unloaded and poured in at that moment, and matters again resumed their accustomed course. When everybody had been " spelled down," declamations were in order. As Merritt in his turn mounted the little rostrum, no one failed to notice that his boyish spirit was aroused to its highest pitch. Grandfather Carpenter, still hugging the portrait, advanced a few seats forward that he might better see and hear his pet grandchild. This move- ment added increased interest to that already imparted by the earlier incident of the evening, and Merritt, influenced by what had been transpiring, surpassed all his previous efforts. As he descended to his seat the building trembled under the demonstrations of applause that greeted him, while Grandfather Carpenter, waiving the portrait of Clay high over his head, cried, " Bravo ! Bravo ! " The term of school taught by Miller was the last one attended by Merritt in Moretown. Mock schools, mock military maneuvers, play-house building, leaping, wrestling and things of that sort, indulged in by every hale child in the land to a greater or less extent, had no charms for Merritt. He was rarely known to partic- ipate in the ordinary athletic sports of boyhood. But he en- gaged in amusements of his own conception with ardor. During political campaigns he gathered a few choice cronies in secluded barns or sheds and gravely addressed them on the chief issues of the day. " Playing funeral " was a source of amusement at home in which he took great delight. His younger sister, Esther, was laid out by himself and older sister Anna as the corpse, and stretched on an old-fashioned chest, the lid of which, removable, served as a bier. Mer- ritt acted as preacher, and in addition to giving out hymns to be sung by the choir, and directing things generally, always mounted a box or chair and pronounced an elaborate funeral 30 LIFE OF CARPENTER. sermon upon the late lamented, setting forth her admirable qualities in eloquent and feeling terms. These remarkable performances, which originated wholly in young Carpenter's active brain, frequently attracted the attention of the neigh- bors, who gathered in wonder rather than woe, and departed in merriment rather than sorrow. The genuineness and originality of his funeral sermons were generally discussed by the neighbors, who pronounced the boy far too remark- able for a long life. At numerous points through Moretown the banks of Mad river were skirted with willows. Under their thick shade, in secluded bends or hollows, Merritt frequently convened the children of the village and held regular "protracted meetings." These gatherings were in all their appointments similar to the religious " revivals " indulged in by the Meth- odists and other denominations for the purpose of revivify- ing religious sentiment and recruiting the ranks of those who serve the Lord. Merritt, on such occasions, always did the talking or exhorting, and so eloquent and earnest were his appeals, that, according to the testimony of one or two surviv- ing participants, some of his hearers were in the habit of being deeply moved, bearing public evidence to the power of his oratory by " going forward," and signifying their in- tention to renounce the world and enter the straight and narrow way that leadeth unto life everlasting. Sometimes Merritt's revivals were largely attended. They were always interesting and successful, adults and gray-heads frequently crowding the back seats. At that time the villagers, in their discussions, predicted that he would one day be the most re- nowned pulpit orator in America. Having a natural relig- ious sentiment, full of the spirit of power and of eloquence, had Carpenter's lot fallen to the ministry instead of the law, this prophecy would undoubtedly have become a verity. Although " fair Moretown's vale " was generally quiet and peaceful beyond expression. Carpenter grew up to be an ardent lover of mental excitement and a joyous participant CHILDHOOD. 31 in stormy proceedings. In the fulness of life, the tumult of war and the excitement of political contentions roused him to his greatest efforts. The Mad river, which dashed by the rear of his father's house, frequently became a roaring tor- rent. Whenever he observed the angry waters creeping into the garden and threatening the out-buildings of his humble home, young Carpenter was in high glee. His spirits seemed to rise and expand with the floods, and he leaped and danced up and down the banks of the stream in search of the wildest rapids and the noisiest cataracts. These demonstrations were not looked upon without wonder, as children generally tremble at storms and floods and shrink in terror from a roaring waterfall. When he was a very small child, an unusual flood swept down the jagged channel of the river. In his mother's arms Merritt watched the turgid element advance to the threshold of his father's dwel- ling, which, as the waters continued to rise, was abandoned by the entire family in the middle of the night. By the early light of the following morning they saw it move from the foundations, quickly break up, and the scattered timbers go dancing down the flooded valley. His father was then postmaster of Moretown, but as mail was received only once a week, the public loss was small. When Merritt arrived at the period where he began to have an interest in public men, Daniel Webster was the fore- most statesman and orator on the American continent. His speeches were the general theme of conversation, and Mer- ritt began to turn his attention to the man whose fame per- meated every community and entered the remotest social circle. In 1835 a new edition of Webster's speeches and ora- tions was published, which renewed public interest in his reply to Hayne on the Foote resolutions and against the nullifica- tion theories of the south. When, a year or two later, the volume reached the secluded passes of the Green mountains, the bright young boy caught the spirit of the lofty patriot- ism, the ponderous logic and the sonorous eloquence of that 32 LIFE OF CARPENTER. splendid effort, and began to commit to memory its seventy matchless pages. This unusual task he completed in two weeks, at the same time keeping up all the studies of his classes in school. It was then given out that Ira Carpen- ter's son would deliver one of Webster's speeches from memory, in a neighboring school-house, for the benefit of the Sunday school. An admission fee was charged, yet such was the reputation of the boy that hardly standing room re- mained when the hour arrived for him to begin the'declama- tion. He made his appearance like a trained orator, without trepidation or hesitancy, and although nearly two hours were consumed in the delivery of the oration, he went through without skip or break. This feat was considered so re- markable, and the elocutionary powers displayed were so unusual, that for some time young Carpenter was called the "Green Mountain Webster." Beginning at about his ninth year, Carpenter read the public addresses of Webster, Clay, Choate and their contem- poraries, and committed many of them to memory for deliv- ery at spelling-schools, exhibitions, the regular rhetorical exercises of the schools he attended, or for any other occa- sions that might arise. For several years before leaving his father's roof in Moretown, he preserved all the speeches made in congress, reading and re-reading them to his father and grandfather. The latter pointed out and dwelt upon their eloquent passages and clear statements of principles, which thus became fastened upon the lad's memory for all time. When he left home a chest in his room was found to contain hundreds of those orations and addresses, carefully arranged and marked. They were preserved by the family for some years, but finally the mice found a way into the box and devoured them for food, or reduced them to tatters for nests. Perhaps the most remarkable characteristic of Carpenter's childhood was that he always had a little ready money in his pocket. How or where it was obtained his father never CHILDHOOD. 33 knew, and for years related the fact as one of the m3'Steries of the neighborhood. Whence the money came that bought the liquor for Johnny Eagan, the elder Carpenter had no knowledge, nor how Merritt found the wherewith to pur- chase the books that from time to time were found in his possession. The secret, however, could have been explained by the proud old grandfather, who would forego any lux- ury, or, if necessary, any ordinary necessity, that his favorite might buy books. Other relatives were also in the habit of bestowing small sums of money upon the boy, which, instead of going for tobacco, sweetmeats or rubbish of any sort, were treasured until their aggregate would procure some coveted volume. In Moretown, because of his thorough aversion for manual labor, Merritt's reputation was that of being "lazy, but smart," and the steady people of that section regarded with wonder the prodigious achievements of his after-life — most of them due alone to application and industry, which they thought he had not, rather than to " smartness," which they knew he had. 3 34 LIFE OF CARPENTER. CHAPTER II. AT PAUL DILLINGHAM'S. During Carpenter's boyhood the attorney who enjoyed the largest practice at Moretown and in the Mad river valley was Paul Dillingham, subsequently governor of Ver- mont and representative in congress, who then resided and still resides at Waterbury, in the same county. For more than a quarter of a century Carpenter's father, in discharg- ing the duties of his offices, was frequently thrown in contact with the attorneys doing business in that vicinity, and thus became acquainted with Mr. Dillingham, a man of the most genial and cordial manners and successful business methods. Subsequently, closer business relations grew into a warm and life-long friendship, and Ira Carpenter's house became Dillingham's habitual stopping-place in Moretown. During these frequent and informal visits, little Merritt's beauty and brightness attracted Dillingham's attention, and in due time the courtly attorney and the alTectionate lad had really fallen in love with each other. Merritt frequently rode short distances in Dillingham's carriage, and on days when the attorney was expected in Moretown, sat on the fence, eagerly watching for the appearance of the well-known Waterbury turn-out. Thoroughly in love with his profession, and regarding Merritt as a child of exceeding promise, Dil- lingham proposed that, in the course of a few years, the boy should go and live with him and learn the law. Merritt re- plied that he would, though Dillingham regarded the prompt affirmative simply as an honest expression of afl'ection, which would be forgotten amidst the new ideas and ambi- tions of advancing youth. In that he was wholly mistaken, for, taking his genial friend as an admired example, Merritt concluded that nothing could equal the law in producing re- spectability, success and fine manners. He therefore deter- AT PAUL DILLINGHAM S. 35 mined to become a lawyer — a resolution which, he declared in later years, he never ceased for a moment to entertain, although but six years of age at the time of receiving the promise that, at fourteen, he should enter the office at Waterbur}^ and be put in training. Thus, in the boy's mind, the whole matter was settled. Discovering, however, soon after his father's second marriage, that he was not getting on as amiably with the step-mother as he had with his own mother, he became more eager than ever for the time to arrive when he could go to claim the fulfillment of the prom- ise, which, although made in good faith, Dillingham had forgotten. One November evening, some weeks before the arrival of the long-looked-for fourteenth birthda}-, Merritt, while discussing the near opening of the winter term of school, announced that he was "done with Moretown teach- ers." In response to his father's inquiry, he replied that he "knew more than the teachers;" they couldn't teach him anything in the least of his studies, and he was going to Waterbury to enter Paul Dillingham's law office. Mr. Carpenter interposed no objection, for he thought Merritt would be " homesick " and ready to return home and to school at the end of three or four days, or a week, at the utmost, and that the experience would prove beneficial. A few sentences may now be quoted from " The Vermont Historical Gazetteer," the facts for which compilation, so far as they concern Carpenter, came directly from Dillingham. It relates: On the occasion of a certain trip to Moretown, wiiile passing over the height ot land midway between the latter village and Waterbury, Mr. Dil- lingham was surprised to meet young Carpenter, then a lad of fourteen, trudging along on foot,l with all his worldly effects in a small bimdle. 1 In this Dillingham is incorrectly quoted. Merritt went on horseback to Waterbury to learn whether the cherished promise was to be fulfilled, and thus mounted met Mr. Dillingham on the road. Having arrived in Waterbury and made friends with Mrs. Dillingham, he awaited her hus- band's return. Well pleased with his wife's recep'ion of the boy, the at- torney told Merritt to draft a writ, which he did with precision as to spelling 36 LIFE OF CARPENTER. When asked where he was going, the boy repHed, " To Waterbury, to live with you and be a lawyer." 'Squire Dillingham, as he was then popularly called, finding his former proposals thus unexpectedly accepted, directed the lad to go ahead, report to Mrs. Dillingham and await his return at night. Mrs. Dillingham was greatly pleased with her youthful visitor, who made such good use of his undeveloped arts as an advocate, that, when Mr. Dillingham returned, he found an entente cordiale had already been es- tablished between his wife and the boy. And this is how young Carpenter bjcame a protege, though never a formally adopted son, of Hon. Paul Dil- lingham, whose house thereafter was the only home he had until he en- tered upon the practice of his profession and made one for himself in the west. The change thus recorded, though the boy left a proud and indulgent father, was in every way a fortunate one for the embryo lawyer. The estate of Mr. Dillingham is amid some of the finest of Vermont scenery. Close to Mount Mansfield, in one of those fertile nooks that hide themselves under the shadow of the mighty hills, is his shaded and sunny home, ample as his heart, where he has dwelt in modest honor and abundant hospitality for many years. These more liberal and cultivated surroundings at once pro- duced a favorable effect upon young Carpenter's mind and broadened his view of the world and of his own future. He was sent to the more advanced and progressive schools of Waterbury, where the rivalry of older scholars and the spur of his growing ambition urged him on in his studies at an astonishing rate. He did not miss a term for four years, and was absent from his classes only on a very few occasions in which necessity made his presence impossible. Even at that period of his life, although he had not been honored as he was subsequently by the people of Vermont, Dillingham was a man of influence and high standing, whose personal acquaintances included all the leading men of the state, many of whom were more or less frequent visitors at as well as legal form. He was then told he could come and at once begin attending the high school. He returned home on the following day, and two days later was taken by his father in a sleigh, called a "jumper," to his new residence. AT PAUL, DILLINGHAM S. 37 his house. Thus brought in contact with the moving spirits of the time, an unmistakable suasion was exerted upon young Carpenter, confirming his ambitions, and giving him an early- insight into public life just as it was. His mind, always a perfect absorbent, made the most of all opportunities, treas- uring the anecdotes, the political events and the general in- formation thus obtained as eagerly as a miser hoards his gold. Thus the better schools, Mr. Dillingham's large li- brary, and frequent association with distinguished personages which he enjoyed at Waterbury, afforded opportunities for advancement and development the youth could not have had in his own home, and which undoubtedly gave bent and in- clination to his subsequent career. His record in school as to advancement and deportment was without equal in Waterbury, and his rapid acquirement of general informa- tion during vacations was equally remarkable. In a very few months after taking up his abode at Dilling- ham's, as the richer fields of literature were opened to him, the young student became more completely than ever enamored of books. He pursued his legal studies with avidity during holidays, interims and evenings, taking intense delight in the fundamental principles governing justice and equity, and in the decisions and arguments of the profoundest jurists of the age. But his mind was searching as well in all directions outside of the law for the fountains of knowledge, and he de- voured the works of general literature with such rapidity, and yet with such a clear understanding, as to astonish all his friends, not excepting his tutor. In this manner passed the first four and one-half years of Carpenter's residence with Mr. Dillingham, without the occurrence of any incident worth recording, except that before the expiration of that time he was frequently intrusted by his foster-father with the prep- aration of complaints, drafts of preliminary proceedings, gen- eral office and, during the last year, justice court business. At the age of eighteen, before entering the military acad- emy, Merritt Carpenter's thoroughness in searching out and 38 LIFE OF CARPENTER. arranging all existing confirmatory authorities and decisions on any given question had become a matter of common re- mark among the attorneys of Washington county, and Mr. Dillingham never hesitated to trust him implicitly in such labors, knovi^ing they could not be in better hands. In a letter written at Waterbury in January, 1883, Mr. Dillingham makes reference to Carpenter's youth: Merritt came to our house and family at the age of fourteen years — no mistake about that.l I have a distinct recollection that when he was about six years of age I told him to be a good boy at home, go to school con- stanlly and be the best pupil there, and when he was fourteen years of age come to my house and live with me, and I would make a lawyer of him. I forgot the promise, but he did not, and shortly before his fourteenth birthday (with nothing having been said about it in the meantime) he made his appearance, as told in public prints. Then the old promise came fresh to my mind, and I admired the boy's memory and trust. It was then and thereafter his one wish to become a lawyer, and a great lawyer; and he looked through every difficulty in his way with a certain confidence that it would be accomplished. From this, my bargain with him, he at- tended the village school in Moretown constantly, and had learned all he could be taught by his instructors there. When he came to me we talked the future over together, and I advised that he attend our graded school until he should arrive at the age of eight- een, when I would try my best to get him a cadetship at West Point. In the 'bur years that ensued he attended our school at all its terms, and the residue of the time he was in my office, and he was nowhere so happy as there. He did everything I wanted done when at home, and when I was absent he ran the office so far as justice business was concerned. I did not call him a law-student, but I found that he had thoroughly ac- quainted himself with the elementary principles of the law before he went to West Point in 1843. After being at West Point two years he came home on sick-leave; and partly on account of his health, and partly on account of his ambition to become a lawyer, he resigned his cadetship in August, 1845. From this time until November i, 1847, he was a most faithful and progressive stu- dent in my office. At the November term of our court in that year, on my motion and recommendation, he was admitted as an attorney, Chief Justice Red field expressing gratification at his legal attainments and bright prospects of professional success. i This emphasis arose from the numerous contradictory reports on this point which had found their way into print and into popular circulation. TWO YEARS AT WEST POINT. 39 This was done on the first day of the first week of the session. In two or three days after, Merritt left to go to Boston, there to finish his preparations for a professional life. At Boston he entered the office, and, after a time, the family, of Rufus Choate, who then stood on the pinnacle of profes- sional fame. He remained there until about June, 1848. During this time he was admitted to the superior court and the supreme court of Massa- chusetts. He then left for the west, as it was then called, his objective point being Beloit, Wisconsin, where he settled and opened an office. TWO YEARS AT WEST POINT. The recorded history of Carpenter's career in the United States Military Academy at West Point is of a meager and formal character. He received his appointment through Congressman John Mattocks, of Vermont, a confidential friend of Paul Dillingham. He was admitted to that rigid school of thorough physical and mental training, with a class of fifty-two ' others, July i, 1843. In those days it was con- sidered that a course at West Point carried with it no small degree of honor, and placed upon the graduate the seal of semi-aristocracy. But the academy, viewed from the fresh green hills of Vermont, presented more fascinations to the youth than after he had descended the Hudson and could observe its unbending discipline and well-defined class-castes from the close walls of the dormitory or section-room. It can not be positively stated that he entered the school fully intending to devote his life to the army. If he did, his ideas 1 Julian McAllister, John C. Symmes, Daniel T. Van Buren, Daniel Beltzhoover, John Hamilton, Orlando B. Wilcox, Joseph J. Woods, John II. Dickerson, Samuel Chalfin, George Patten, Lewis C. Hunt, John S. M.ison, Geo. W. Hazzard, Richard II. Long, H. B. Hcndershott, John M. Mockaday, Otis H. Tillinghast, Romeyn B. Ayres, Mark W. Collett, Thomas H. Neill, Horatio G. Gibson, Charles Griffin, James R. Darra- cott, Egbert L. Viele, Augustus H. Seward, E. F. Abbott, P. W. L. Plymp- ton, James B. Fry, Caleb R. Layton, Ambrose E. Burnside, Geo. C. Barber, Edward D. Blake, Joseph S. Totten, Daniel Huston, Jr., Andrew Gil- braith Miller, Wm. II. Hill, Henry Ileth, Tredwell Moore, John de Russy, Thomas A. Harris, John Bonnycastle, J. C. P. Smith, Washington P. Street, C. K. K. Ellis, Geo. H. Paige, J. B. Hogan, Jr., John L. Gamble, R. W. Jones, Henry B. Ware, T. O. Barry, Chas. F. Reed, and Walter S. Clark. 40 LIFE OF CARPENTER. underwent a marked change in the course of a year. Dur- ing his second furlough home, after having carefully looked into the future of the average cadet, he imitated the military step and posture, and half-humorously, half-sarcastically, ex- plained: "I don't believe a man can ever become great by learning to walk a crack with a stiff neck and his fingers on the seams of his pantaloons!" The highest honors and emoluments of a military life were down in the books, he explained, and if he should ever attain them, the public would simply understand that he had faith- fully worn a regulation uniform the required number of years, and was being rewarded for it according to law. There was small honor in that, he declared, and he " would rather be somebody as the result of his own efforts, upon the merit of individual achievements." Nevertheless, he con- tinued in the academy during another year, half-intending to graduate, believing the mental discipline thus to be obtained would be beneficial in after life. The close confinement of a cadet, however, was not only irksome to his spirit but injuri- ous to his health, and in August, 1845, while at home on a fur- lough on account of illness, he resigned. While he made as an excuse for this course the unfavorable effect confinement had upon his physical condition, it is believed his heart was in the resignation. He had determined to become as great a lawyer as Daniel Webster or Rufus Choate, both then in the zenith of their professional glory, and longed to return to the fragrant paths leading in that direction. It was undoubtedly the highest of good fortune that Car- penter left the military academy, for to have finished the prescribed course might have thrown him into a fatal con- sumption; indeed, at the time he was granted the short fur- lough which he soon after made permanent by resignation, his condition was such as to excite the gravest apprehensions. One of his classmates. General Daniel T. Van Buren, says the general supposition was that " he had gone home to die." The very least that can be said, if Carpenter's resignation TWO YEARS AT WEST POINT. 4I did not save him from an early grave, is that, through his own philosophy and foresight, the military academy was not permitted to spoil one of the very greatest lawyers and orators of the Union for the sake of turning out an ordinary post-commander. The record of Carpenter's sojourn at West Point is as fol- lows, taken from the books of the institution, and attested by the superintendent: Decatur M. H. Carpenter, Name afterwards changed to Matt. H. Carpenter. i Admitted July i, 1843 — aged 18 years, 6 months. Born in Vermont. Residence, Waterbury, Washington Co., Vt. Father, Ira Carpenter, Moretown, Washington Co., Vt June, 1844 — 4ih Class. Was in Mathematics 17 ") " French 14 j- Class of 53 members. " General merit 11 J jfufie, 184s — 3^1 Class. Was in Mathematics 16 "| " French 4 j ** English Grammar, etc.. 11 !► Class of 44 members. " Drawing 34 j " General merit 10 J Resigned August 21, 1S45. Member of the Board of Visitors in 1871 from U. S. Senate. This record will bear some explanation. The fourth class is composed of those passing their first year; the third class of those in the second year, and so on. And further: " general merit, eleven," in the fourth class, means that out of a class of fifty-three members there were ten who averaged hio-her and forty-two lower than Carpenter in their studies and general progress and conduct. In his second year, or third 1 This is not intended to indicate that Carpenter changed his name while in the academy, but the change he made in later years was thus recorded upon the books of the institution to show that D. M. II. and Matt. H. Carpenter were not different individuals. 42 LIFE OF CARPENTER. class, he stood unusually high — except in drawing, which had no charms whatever for him — for one not in love with the military profession. Several members of the class had studied French much longer than Carpenter, and three of them therefore stood technically higher; but none of them progressed so rapidly or spoke the language with such beauty and fluency. Some of his living classmates, in reply to letters of inquiry concerning his military tutelage, give a clear idea of the tall and handsome but sensitive Green Mountain boy of that day. Thus General Wilcox: Madison Barracks, Sackett's Harbor, Oct. 29, 18S3. Dear Sir: — In reply to yours of 7th, I am glad to give you a good account of Matt. H. Carpenter's career at West Point. Though brief, it was brilliant. He stood high in his academic studies, was very unassum- ing, but an indefatigable, industrious, conscientious and energetic student and soldier. With many disadvantages against him, he pushed his way up among the head men of the class the first year, much to the surprise of more pretentious and self- asserting fellows. His mind was of a religious cast, and he developed but little of that bonhomie which so eminently char- acterized him as a man. On the contrary, he was outwardly shy and retir- ing rather than forward in his class and social deportment; but inwardly there burned the fire of a Bayard. Why and how he ever became a politi- cian, I never knew, and I look forward with the greatest interest to the dis- covery in his forthcoming Life. O. B. Wilcox, Brev. Maj. Gen. Thus General Van Buren: Kingston, N. Y., Sept. 29, 1SS3. Dear Sir: — In answer to yours of this month, I regret to say that my recollections of the late Matt. H. Carpenter, whilst he was a cadet, are very meagre. In personal appearance, he was tall, thin and angular, stoop-shouldered,! as if he had grown up too fast, with a fair, rosy, flushed face, and large, prominent nose. He was very studious, — a better scholar than soldier. His conduct was excellent; I do not think that he ever walked a "Saturday afternoon extra." He stood well in his class, somewhere above the middle of it, and resigned at the close of his second year on account of ill health. It was generally 1 On leaving the academy. Carpenter showed no sign of having ever been as stoop-shouldered as his classmates describe him. He was just six feet in height, straight, and of almost absolutely perfect figure. TWO YEARS AT WEST POINT. 43 understood that he was going home to die, his appearance indicating con- sumption well advanced. Indeed, I had supposed he was dead until he appeared as a conspicuous war orator and in the senate of the United States. Respectfully, Daniel T. Van Buren. General H. G. Gibson, of Fort McHenry, Baltimore, says " the most prominent recollection he has of his classmate at West Point, the late Senator Carpenter, is the fact of having sat beside him for a year in the section-room ; that he did not possess a very strong desire for a military career, and that, although standing high in his class and in discipline, he resigned with plain demonstrations of pleasure." Notwithstanding his well-marked dislike for military af- fairs, all accounts agree that Carpenter's career at West Point was really one of great promise. He was made "color corporal," a post of considerable honor among cadetmen. Gen. W. Merritt, superintendent of the military academy, says: "The color corporal here is selected from among the corporals of his class for his military bearing and neatness of dress and person. It is an honorable distinction among cadets. These corporals guard the colors while in ranks." After accepting his resignation, the superintendent of the academy sent to Carpenter a "certificate of proficiency," mentionintj these branches: In the Department of Mathematics. — In algebra, geometry and trigo- nometry, descriptive geometry, shades, shadows and perspective, spherical projections and warped surfaces, surveying, analytical geometry, and cal- culus. ' In the Department of French. — In French grammar, Lecons Francaise, and Voyages du Jean Anachaisis. In the Department of Dra-vinsr.— Topography and the human figure. In the Department of English Grammar, etc. — Bullion's grammar, Wil- lett's geography. In the Department of Artillery and Cavalry. — In receiving practical instruction in the school of the piece and battery. In the -senate. Carpenter frequently referred to his sojourn at West Point, and while sitting in that body always partici- pated actively and intelligently in whatever was intended to 44 LIFE OF CARPENTER. promote the welfare or usefulness of the institution. As a member of the board of visitors in 187 1, he made a thorough examination of the condition of the academy, and as chair- man of the committee on discipline, prosecuted an exhaustive investigation. He composed the chapter on discipline in the report made to the secretary of war for the information of congress, from which an interesting excerpt may be brought forward. After expressing in general terms the fact that the discipline was less strict than formerly, he wrote: Twenty-five years ago West Point was substantially separate from the outside world; for several months of the year a mail was not received oftener than once in three or four days. The presence of visitors was almost wholly unknown, and the officers and cadets formed a community by and of themselves. The relations existing between the officers and cadets was like that at present existing between the officers and soldiers at a military post. Cadets were permitted to visit at the quarters of professors and officers on Saturday afternoons, and at no other time. But so reserved were the manners of officers, even on such occasions, that the privilege, though recognized, was very rarely exercised. There was substantially no social intercourse between the officers and the cadets. In those days, too, the rigor of discipline put all cadets, the sons of the rich and the sons of the poor, upon a common footing. The regulations not only prohibited any cadet from receiving money from his parents and friends, but no place existed, or was permitted to exist, on the limits, where cadets could expend money. Occasionally a cadet was allowed to purchase what he pleased under the head of " sundries," not exceeding one dollar in amount, and that only on the order ot an officer in charge. But all this has changed. West Point is now, or fast becoming, a place of fashionable resort. Hotels have been erected in near proximity to the post, and hundreds of visitors now repair thither where one did in former years. This influx of fashionable life has caused a relaxation of the rules in regard to cadets visiting. The great distance between officers and cadets has been gradually diminished. Cadets of the first class may now visit officers every day in the week, and officers and cadets associate together with a freedom of intercourse not formerly known. Insensibly the stand- ard of discipline has been lowered, until the academy has less than formerly the character of the regular army, and more the features of a militia estab- lishment, where officers and men are separated while on duty, but mingle in social intercourse when the hour of drill or parade has passed. Although the regulation in regard to cadets receiving money remains unchanged, yet, at present, a new functionary, known as the "cadet con- AGAIN AT DILLINGHAM S. 45 fectioner," is allowed to keep open on cadet limits a place of resort which cadets are known to frequent daily to enjoy the table, and where they may treat their fellows without stint or limit. Thus, one of the elements of equality which formerly existed among the cadets is destroyed, and the son of a wealthy man may fare sumptuously, while the poor boy must confine himself to such food as the mess-hall affords. He closed the chapter with the declaration that " an army- must be governed by different methods and upon different principles from a civil society, and to an army and to every military establishment discipline is a necessity." In addition to this, Carpenter made an enlarged and separate report, which included the testimony adduced by his committee. During a speech on the salary bill, delivered March i, 1873, Carpenter thus made reference to his military tutelage: The most perfect equality between the sons of the rich and the sons of the poor that I ever saw was in the military academy at West Point twenty-five years ago. The pay of every cadet was the same, and no cadet was allowed to receive a cent from any relative or source whatever except the government. He was credited with his pay and charged with the things he was permitted to buy. I was there two years, and the only cent of money I saw during that time was a ten-cent piece that I picked up on the pavement one morning. As I could not spend it, I threw it into my trunk, and it remained there till I went on furlough. The result of that system was that merit, industry, brains alone determined the standing of a cadet. And not unfrequently the cadet who graduated at the head of his class was the son of a poor and obscure man. As long as he lived Carpenter never ceased to observe the good effects of West Point. The discipline strengthened his mind, and the knowledge of military affairs obtained there was of value during the Rebellion, in congress, and in the courts. AGAIN AT DILLINGHAM'S. On returning to Dillingham's from West Point, Carpenter devoted himself to the law with greater enthusiasm and per- sistency than ever. The steady confinement which he thus imposed upon himself prevented him from growing as strong and robust as nature had designed; nevertheless, his general health having become good soon after resigning the cadet- 46 LIFE OF CARPENTER. ship, SO continued during his subsequent period of study. His condition on his return, however, was a matter of con- siderable apprehension among his friends. He was pale and slim — so thin, in fact, that his father related he could easily- compass the youth's waist \vtth his thumbs and middle fincfers. The return to mountain air and outdoor freedom undoubtedly saved Carpenter's life. The two years following the abandonment of West Point may be said to have been uneventful. In addition to his close application to the law and general literature, he made a study of orators and oratory, and attended the meetings of a local literary club, always participating in its debates, and rarely failing to win his side of the case, no matter whether it was right or wrong. He thus earned a reputation for close and eloquent reasoning as well as for thorough study and re- search. So far had this reputation extended, that during Dillingham's absence in congress Carpenter was invited to go some distance from Waterbury to a secluded neighbor- hood and speak at the usual religious revival inaugurated for the long winter months. Thinking it a fair opportunity to further test and strengthen his powers as a public speaker, the invitation was accepted. For almost a week, without the knowledge of any one in Waterbury, accompanied by a bright and mischievous young law-student named Demmon, Carpenter drove daily to the scene of the revival, and there, during the evenings, expounded the Bible and enlarged upon Christian ethics. The regularity of his absence and the lateness of his return aroused the curiosity of members of the family, who raised inquiries for discovering why and whither he went. Thereupon the revival business was brouffht to a sudden close. Those who were listeners on that curious occasion reported that Carpenter's ways were very winning and his speaking interesting and effective. In 1847, having arrived at such proficiency as secured a creditable admission to the bar. Carpenter received from Dil- lingham a generous proposition of partnership arrangements. AGAIN AT DILLINGHAM S. 47 Although flattered by the offer, he did not accept, having previously resolved to settle in the boundless and growing west, where opportunities for advancement seemed to be more numerous and promising. In order to be fully pre- pared to make the most of whatever the west might offer, he proposed to go to Boston and serve an apprenticeship under Rufus Choate, the unrivaled jury-lawyer of Massa- chusetts. Therefore, two days after being admitted to the bar at Montpelier, he started for Boston, with Mr. Dilling- ham's blessing : " Merritt, if you shall pursue in the future the course which you have thus far followed, you will cer- tainly become a successful lawyer and a popular citizen ; and if you ever want money, a friend or a home, remember that my purse, myself and my house will be at your service." Thus he bade good-bye to Waterbury. The parting with Mrs. Dillingham and the children was tender and affection- ate, for he did not know whether he would ever return. They afterward saw him under different conditions, in the early spring of 1850, when he arrived at the Dillingham homestead from the New York Infirmary, a black shade for his useless eyes half-hiding his pale but cheerful face. He then remained in Waterbury several weeks before returning permanently to Wisconsin. Mr. Dillingham finally became Carpenter's father-in-law, and at various periods was associated with him in carrying on several of those business enterprises which depended particularly upon legal proceedings for their outcome. The peculiarly strong relations of father and son, adviser and friend, which subsisted between them for a dozen years in Vermont, continued undiminished and unbroken through 48 LIFE OF CARPENTER. CHAPTER III. A JOURNEY TO BOSTON — RUFUS CHOATE. * In his earliest years of ambition Carpenter was a strong admirer of Daniel Webster and Rufus Choate, and the great esteem in which they were held by the public made a deep and lasting impression on his mind. He resolved to visit both of them, in order to learn whether they were like other men, and, if possible, study in their offices the methods and secrets which had won such lofty positions and such univer- sal public applause. Mr. Dillingham had some acquaintance with Choate, and so, with letters of introduction from him and others, Carpenter started for Boston, Oliver Wendell Holmes' *' Hub of the Universe," in November, 1847. The journey was mostly accomplished by stage, but he entered Boston on the first railroad built out of that city, toward Lowell. That was his first ride after the " iron horse," and proved to be an interesting event. He examined the coaches, tracks and locomotives very carefully, and wrote to his friends in Vermont that " steam was so far ahead of all other modes of travel and transportation that it was certain to come into general and profitable use." It is superfluous to refer to the extent to which he saw that prediction fulfilled, made, as it was, when thousands were declaring that railways were too costly and too dangerous to ever become popular or profit- able. After arriving in Boston he wandered about the city for some time before finally discovering the modest sign, " R. Choate, Counsellor at Law," which hung in Court Square. He glanced up at the windows above, to see if he could dis- cover any unusual face, such as might belong to R. Choate, but saw none. He therefore ascended the stairs, and, upon entering, inquired if Choate was in. He was not, the clerks replied, eying the tall Green Mountain boy, who, Mr. Crown- FINDING FAVOR IN CHOATE S EYES. 49 inshield (Choate's law partner) afterward said, "though neatly attired, was not dressed in the latest Boston fashion." Young Carpenter then inquired when the great advocate would be in, and received in reply the query of what business he desired to have with Choate. Although this rather lead- ing question was repeated several times by the tantalizing clerks, they did not find out what he wanted, but he finally learned from them, what they undoubtedly did not intend he should, that Choate would be in at three o'clock that afternoon. At that hour Carpenter called again, and after considerable delay was shown into Choate's room. He found the famous lawyer stretched on a sofa, weary from a hard day's work in an important trial. Taking the young stranger by the hand, Choate kindly asked what he could do for him. Car- penter exhibited his letters of introduction, told who he was and what he wanted, and ended by saying that he had jour- neyed from Vermont to enter the office and study the meth- ods of the greatest jury-lawyer in Massachusetts, in order to be able to follow his example and reap similar rewards. The winsome face, modest demeanor, simple statements and apparent ambition of young Carpenter made a favorable impression upon Choate, who called to an attendant in an adjoining room to know if there was a place for another student. The reply came back that there was none. " Then," said Choate, " I shall have to give you a place in my private office. You may come to-morrow morning." FINDING FAVOR IN CHOATE'S EYES. A small desk was ordered and placed in his own private room by Choate, with instructions to the clerks to allow the new student to enter the office and occupy it. Ac- cordingly, next morning bright and early Carpenter was at his desk, greatly pleased with his success in attaining at once the very object that had so long been the fondest wish of his heart. When Choate arrived he was not a little gratified to note that Carpenter had discovered some of his most im- 50 LIFE OF CARPENTER. portant printed briefs and opinions, and was deeply absorbed in their perusal, marking paragraphs and sentences here and there on their pages. Before going to court, Choate handed to his new student a letter from an attorney of Exeter, New Hampshire, asking an opinion upon a somewhat intricate question of law, and told him to answer it. This was doubt- less done more to test Carpenter's abilities than with any idea that the work would really be satisfactorily accom- plished. Carpenter worked diligently upon the complex question, hunting through Choate's fine library for authori- ties and decisions in such a rapid and masterly manner as to astonish all the clerks. When he had satisfied himself on all the points involved, he embodied the result of his researches in a handsomely-written letter, stating the principles and au- thorities in a clear and concise form, and laid the document on Choate's desk. An hour later Choate returned and found the paper complete. He sat down at once and carefully read every line of it, and when he had finished the last page, pushed down his spectacles, peered over the sheets he had been reading and silently studied for some moments the head and face of his student. Thoroughly surprised, he could not resist gratifying his desire to have a quiet study of the young man who had exceeded all his expectations. He then said: "Well, judge, I guess I can put R. Choate to the end of that and tell that lawyer to send me one hundred dollars." Thereupon the startling scrawl then current in Boston as the sign-manual of Rufus Choate was affixed, the opinion was inclosed in a note, written by Carpenter, asking for a fee of one hundred dollars, and sent to Exeter. In due time the money returned, and thereafter Choate generally addressed Carpenter as "the judge," though sometimes he made use of his given-name, Merritt. A strong and broth- erly attachment now sprung up between Choate and Car- penter, which grew warmer and stronger until death put an end to earthly friendships. Many of Carpenter's first ideas about books were obtained ENTERS CHOATES FAMILY. 5 1 from Choate, and his advice to the students of the Colum- bian law school — " to purchase all the books they could for cash or credit " — was but a repetition, in different form, of Choate's injunction when his beloved young student started for the west. The training and counsel he thus received strengthened and benefited his whole after life. Choate was the king of jury-lawyers, and combined with exalted genius, to an unusual extent, practical methods and common wisdom, and spent a great deal of time in transmitting them to Carpenter, in explaining intricate points of law, and in teaching him the secrets of controlling the court or a jury. He also taught his devoted and admiring student the great advantage resulting from that patient study and preparation of a case which made the attorney ready for all surprises, pitfalls and technicalities. Carpenter often said that Rufus Choate told him never to leave a case " until he had become fully satisfied and convinced upon its every phase and ques- tion," and he always followed the advice. Choate also told him to study principles — to become familiar with all the underlying elements of the laws of the world, and he would be prepared for the equity of any possible matter that could come up in a life-time of legal practice. This theory Car- penter followed to a greater extent even than had his pre- ceptor, for he purchased and devoured all the decisions, reports, commentaries and treatises published in the English language. ENTERS CHOATE'S FAMILY. In a few months after Carpenter went to Boston, Choate's eyes became very weak; in fact, temporarily useless. Car- penter then acted as his amanuensis, and those he always referred to as his richest days with Choate, a man who fairly reveled in literature and all descriptions of learning. He discovered what were his preceptor's favorite books, how he studied them, how he prepared cases and arguments; in short, learned all his secrets of work and business. During 52 LIFE OF CARPENTER. this period of harvest, Carpenter was an inmate of Choate's family, as well as his companion in court and in almost all other places. He therefore could and frequently did relate many interesting incidents that came under his actual ob- servation. Among others he often told this: Choate was once indulging in the luxury- of " a little good wine," when footsteps were heard on the outside. "Merritt, get that decanter and those glasses out of the way quick; that step hath a Congregational sound," said Choate. The decanter and glasses were hardly out of sight, when, with a rap at the door, in walked the Rev. Nehemiah Adams, Choate's pastor. In the spring of 1848, upon Choate's motion, Carpenter was admitted to practice before the supreme court of Massa- chusetts. But he looked the field over — occupied by Web- ster, Choate, Curtis, and scores of lesser but still distinguished practitioners — and concluded Massachusetts was not the place for a young man without means or reputation. He had, before leaving Vermont, told Mr. Dillingham that he should probably go west, in the wisdom of which opinion his foster-father concurred. He announced to Choate that Boston was no place for poor young lawyers, and that he intended to start soon for Wisconsin, which was about to be admitted into the Union as a state.^ Choate replied: "I honor your determination, but I was selfish enough to hope you might remain with me; yet, as you have resolved upon this step, you would better not recede from it. Neverthe- less, you can always rely upon my friendship. Have you any money ? " Carpenter replied that he had no means with which to purchase a law library. " Go, then," said Choate, "to Little, Brown & Co., select your books, and refer them to me for security." Carpenter was delighted beyond expression at this substantial mark of esteem and confidence, and at the 1 Admitted May 29, 1848. ENTERS CHOATE's FAMILY. 53 prospect of being able to take a library with him — the idea of going to a new country as an attorney with no books hav- ing deeply concerned his mind from the day he resolved to go west. He went to the great house of Little, Brown & Co., and selected not only what he conceived would be a pretty good assortment of books for a new country, but a pretty heavy draught upon Choate's guaranty of credit. He took the list back to Choate, who, after glancing over it, said: •'Your list is too small;" and taking up a catalogue, marked an admirable collection, to the value of about one thousand dollars — a very large sum in those days for a young and briefless barrister — and added, "With these tools you can begin something like effective work." Carpenter's serious affliction of the eyes, after he went to Beloit, prevented the payment of the notes given for the books when they fell due, and Choate either carried the debt or guarantied its pay- ment, Little, Brown & Co. have now forgotten which. In this connection, the subjoined letter from Choate's son-in-law may be of interest: Boston, Dec. 27, 18S2. Dear Sir: — *** * * ***** In the winter of 1873, I was in Washington, and had two or three long talks with Mr. Carpenter. He talked a great deal of Mr. Choate, and told me, in substance, that when he was about to start for the west, Mr. Choate said to him that a good law library would be found to be a scarcity in that country, and therefore a great necessity to him; that, owing to the absence of law books, his possession of a good assortment of them would be a material factor in his future and early success. Mr. Carpenter replied that while all that was very true, he had no money with which to purchase a library, and therefore must get along, as did the others, without one. Thereupon, Mr. Choate proceeded to Little, Brown & Co., the largest law- publishing firm here, selected a library for young Carpenter, and guaran- tied the pay for it. Mr. Carpenter told me that if, by walking barefooted to Boston and back to Washington, he could in any way add to the prosperity or comfort of Mr. Choate's family, he would gladly undertake the journey. Edward Ellerton Pratt. 54 LIFE OF CARPENTER. In volume I of John W. Forney's " Anecdotes of Public Men," are recorded almost the same facts as appear in the foregoing letter, with the additional statement that Carpenter was in a comparatively short time enabled to liquidate the debt. Mr. Forney closed the reminiscence by relating that he heard Carpenter say: " As long as life lasts I shall never cease to cherish the name of Rufus Choate, and I would walk from here to Boston barefooted to serve any of his kith or kin." This letter from Little, Brown & Co. will add authenticity to the account: No. 254 Washington Street, Boston, Dec. 30, 1S82. Dear Sir: — Mr. Carpenter Vas introduced to us by Mr. Choate as one interested in books and in whom we could place confidence. From that moment Mr. Carpenter became a buyer of books, not only professional but works in general literature. His selections always showed good judgment and great familiarity with authors. He continued these relations with us through life, and we were always glad to have his name on our books.l He met some misfortunes in his earliest struggles, but we do not think Mr. Choate ever really had to pay for the purchases he guarantied for Mr. Car- penter. Respectfully, Little, Brown & Co. PREPARING TO LEAVE BOSTON. When Carpenter was ready for the journey to Wisconsin, Choate asked him how much money he had. The amount was small, and the reply slow in getting out. Carpenter, however, finally admitted the unpleasant truth, but added that he could get whatever might be necessary from Mr. Dillingham, in Vermont. Choate did not seem to notice the last portion of the reply, but counted out for his young friend a sum sufficient to liquidate the cost of traveling between Boston and Beloit, and handed it to him with a written intro- duction and recommendation, which Carpenter subsequently iThe inquiry which brought this answer from Little, Brown & Co. caused them to look over their account with Carpenter. As a result, Mrs. Carpenter soon received a draft for $33 — the amount they discovered Carpenter had overpaid them during his life-time. TENDER GRATITUDE. 55 had placed in a neat frame, and which still occupies a con- spicuous place in the library of the family residence in Mil- waukee: Boston, May 25, 1848. I have great pleasure in stating that D. M. H. Carpenter, Esquire, is well known to me; that his character is excellent; his talents of a very high order; his legal attainments very great for his time of life; and that his love of labor and his fondness for his profession insure his success wheresoever he may establish himself. He studied the law in my office for the closing portion of his term, and I part with him with great regret. To the profession and the public I recommend [him] as worthy of the- utmost confidence, honor and patronage. RuFUS Choate, Counsellor at Law- TENDER GRATITUDE. As will appear subsequently, in the account of CarpenterV blindness, Choate's friendship again took substantial form in several instances; but eventually, when he had emerged from all his early misfortunes, Carpenter paid every dollar of these obligations. A fine bust of Choate, that seemed to possess every attribute of the great pleader save the power of speech, always had the place of honor in Carpenter's house, and he never showed it to his friends without expressing the warmest affection for its gifted original. In his great speech in the United States senate on the memorable resolution of Charles Sumner relative to the sale of arms to the French by the agent of Remington & Sons during the Franco-Prussian war. Carpenter uttered the fol- lowing splendid tribute: Mr. Choate had been a member of this body ; he stood at the head of the legal profession of his native state and had no superior at any bar, English or American. As an advocate, he had no peer. In this department of hi» profession, I do not believe his equal ever lived. A mass of uninteresting facts, the tedious details of the dryest subject, touched by his magic wand, Ktood forth to the quickened apprehension of court or jury with the beauty and freshness of spring; and his nervous oratory and magnetic eloquence moved the tcnderest emotions and strongest passions of men, as the wind sways the forest. With international and municipal law, and especially 56 LIFE OF CARPENTER. ■with constitutional law, he was entirely familiar. He was full of learning, but not incumbered by it, for the details of his knowledge were not attached to him, like the merchandise strapped to a dromedary, but were digested, assimilated, made part of himself, by the fusing power of his transcendent genius. He was a great man in every way. Choate*s written indorsement of Carpenter was of great value in the west. It caused the young lawyer to "pass current " among strangers, until he had wrought out for him- self fame and credit. SETTLING IN WISCONSIN. £7 CHAPTER IV. SETTLING IN WISCONSIN. Having declined a partnership with his foster-father, as well as a warm invitation to remain in Boston, and having procured a law library, as related. Carpenter was prepared to bid adieu to the friends, refinements and luxuries of an old community, and take up his abode among the eager, shrewd and energetic strangers of the west. He had been advised to settle in Iowa, but thought more favorably of Wisconsin, which had just submitted a constitution for a state government to the popular vote for adoption or rejec- tion. He had previously intimated to Choate, that, if the people of the territory should adopt the constitution and apply to congress for admission to the Union as a state, he would at once start for Beloit, a village in Rock county, in which several Vermont people were settlers. The election to decide whether the proposed state constitution should be adopted or rejected, took place March 13, 1848, and resulted favorably, but Carpenter did not learn the fact positively until the latter part of April, owing to unavoidable delay in securing the returns from remote precincts, the absence of railway and telegraphic communication with the west, and the slow travel of stages over the heavy roads of the spring season. Packing his books, and purchasing for a small sum those portions of a new suit of clothing most needed. Carpenter was ready, toward the close of May, to bid adieu to New England. Passing over the mountains to Vermont, he spent a day or two each at Moretown, Waterbury and Burlington. At the latter place his future wife, then a young girl, was at- tending school with an elder sister, and he went to pay them a farewell visit. Both were sorrowful when he bade them good-bye, for it was then considered that Wisconsin was on 58 LIFE OF CARPENTER. the very confines of human habitations, and that whoever set- tled among its Indians and forests would never again be seen alive in New England. Farewells over, the ambitious young lawyer turned his face westward. Although he compassed a portion of the divStance by steamboat on the lakes, taken as a whole the journey was long and tedious, owing to the rough roads and the overloaded condition of the stage- coaches, emigration to the west then being at high-tide. He afterward said that the ride from Boston to Beloit was the most discouraging undertaking of his life, and that more than once, while threading vast forests yet undisturbed by the ax, or miring across miles and miles of beautiful but unin- habited prairie, he felt that railroads and civilization could never reach Wisconsin during his life-time. He also thought, when wallowing through an Illinois bog, wet and hungry, that no young man ever departed from such a pleasant home as Dillingham's, or refused more promising offers of business relations than he had left behind. DISAPPOINTED IN BELOIT. Arriving at Beloit on a warm day in June, he was happily disappointed to find everything contrary to expectations. Civilization had been a much earlier settler in Rock county than himself, and he found Beloit a beautiful and growing village of twelve hundred inhabitants, thriftily hugging a fine water-power on Rock river, and surrounded by farming lands unsurpassed for richness and beauty. David Noggle, Hazen Cheney, and one or two other attorneys, had opened offices in the village, and he found grist-mills, machine-shops, a fe- male seminary, several churches, and one hundred and sev- enty natives of Vermont all in a prosperous condition. A college building had also been erected, a learned faculty had been chosen, and the rates for the opening term in Septem- ber were advertised. Material was also on the ground for the publication of a newspaper, which appeared a few days later. RENTS AN OFFICE. 59 Carpenter was attracted to Beloit by "The New England Emigrating Company," formed in 1836 in New Hampshire and Vermont by Dr. Horace White, father of the well- known journalist and political economist of the same name. He found it all that had been represented, and the doubts and misgivings of the tiresome journey gave way to feel- ings of perfect satisfaction and delight before the natural at- tractions of the place and its apparent promise of future growth and prosperity, in which, of course, he would be a participant. It has been stated that Rufus Choate loaned Carpenter such a sum of money as would probably maintain his pas- sage to the west and leave something with which to start in business in his new home. The journey was so long and costly that when the young lawyer reached Beloit his entire cash possessions, except seventy-five cents in jingling silver coins, had been consumed. And thus can be presented, unburdened by numerous de- scriptions and cumbrous terms, an inventory of all that con- stituted the foundation upon which Carpenter began the most brilliant and distinguished career belonging to any citi- zen of Wisconsin, to wit: A good library, a well-anchored ambition to excel in his profession, a handsome figure and winning countenance, an inexhaustible supply of good hu- mor, an unusually liberal education for that day, a prodigious capacity for labor and research, and seventy-five cents in silver. RENTS AN OFFICE. Carpenter rented an office of Bicknell Brothers, in the sec- ond story of their solid stone block and over their drug-store. He opened the boxes containing his library and arranged the volumes tastefully in the office. Their number, tine binding and costliness became the talk of the village. Thus the ad- vent of the young attorney" received a liberal advertisement without any effort on his part, and the people at the same time conceived a high opinion of his ability and learning. 6o LIFE OF CARPENTER. After taking one or two meals at the hotel, he discovered that without a change of programme his money would soon be gone, and therefore requested the Bicknells to direct him to a less costly boarding-place. They introduced him to the Atwood family, with whom he boarded for some months. Dr. C. H. Bicknell, who still survives, testifies that Carpen- ter, after a few weeks, always paid not only his office rent and board bills, but all other obligations, promptly and with apparent self-gratification. If he did not have sufficient ready money for any purpose^ he was so popular that anybody was willing to grant him the favor of a loan. After renting an office and arranging his books, Carpenter felt the need of a sign, a " shingle." Thrusting either hand gently into his pockets, he discovered the homeopathic bolus of silver had departed. Nevertheless there must be a sign- board to direct people to his office. A painter was found, and an order left for as handsome a sign as could be painted — " D. M. H. Carpenter, counselor at law." Two days later he was again revolving the subject in his mind. The job was done, and how to get it without cash or credit was the problem, though only the sum of fifty cents was involved. He could not go in person and beg to be trusted for that insignificant amount; so hailing a small boy he ordered, with the air of a millionaire : " Go over to Smith's and tell him to send up my sign, with his bill." Within five minutes the lad returned, carefully bearing at arm's length the coveted and glittering sign. In a few days Carpenter borrowed fifty cents and paid the painter, at the same time relating how deeply he had been chagrined over a matter which, though infinitely small, was yet too great for his financial resources. In those early days there were no railways, telegraph lines or daily newspapers to crowd the little New England com- munity with startling news and momentous events. The probable history of new-comers, local enterprises and neigh- borhood transactions limited the field of interest and gossip, and thus every person became well-known of every other SOCIAL ADVANCEMENT. 6l person. Therefore, that Carpenter had come from dis- tinguished surroundings; that he was the frotcg-e of Paul Dillingham; that he had spent two years at West Point; that he was the ward of the great Rufus Choate; that he had the finest library in the country and was the best-looking young man in Rock county, passed from mouth to mouth for miles around with a rapidity and relish not known to modern times. But a brief period elapsed before he had a client, and as the legal business in a small way was very good in those days, one case brought another, and Carpenter soon enjoyed a practice as large as that of any attorney in Beloit. Then, as alwa3's afterward, much of his business brought no fees. He gave his services to all comers, whether they could pay or not. This trait became well understood, and was employed to impose on Carpenter's generosity by many who were in reality able to pay. Hence his income was probably less than that of David Noggle, Hazen Cheney or John M. Keep, rival attorneys. SOCIAL ADVANCEMENT. Socially Carpenter became popular in a very brief period. Everybody was young, spirited and joyous, and as the old survivors depose, " he was the gem of the town." Although the only time he was ever known to dance in Beloit was at the opening of a hotel, he was invited to and present at every social gathering, no matter what its character, and was gen- erally the center of considerable attraction. His military step and bearing and his attractive face and figure, made him a favorite with the softer sex, while his wit, learning, genius and humor drew the attention of all others. He invariably attended church and the evening gatherings of the church people, and never failed to respond liberally at " mite societies " and to the passing contribution box. On one occasion, in the autumn of 1848, he was introduced to the ladies of a sewing society. After a season of light conversation, during which a crowd pressed around the young visitor, some one raised 62 LIFE OF CARPENTER. the cry, " a speech, a speech ! " Carpenter's friends were in a state of trepidation, not understanding how he could re- spond in a speech on an occasion like that, or how he could otherwise extricate himself. To their delight and astonish- ment, however, he arose with the utmost good humor and self-possession, delivering a speech of rare felicity. The sur- roundings, those for the promotion of charity, instead of being such as to embarrass him, were just the ones to call out his finest eloquence. Carpenter's rapid social advancement was the result of no steps of his own in that direction, though he was from child- hood a lover of congenial company and good cheer. His education, previous condition and natural endowments placed him somewhat above the ordinary level in a village of more than the usual advancement and culture of the new west, and people clustered about him as a pleasant leader. TRAINS A MILITARY COMPANY. In front of Carpenter's office was a beautiful level plat of un- occupied land, covered with fresh, green grass. He suggested that it would be an admirable drill-ground, and that a military company be formed to take advantage of its eligi- bility. In a brief period the suggestion was acted upon and a company was organized, Beloit containing at that time but a small number of men who were either too old or too young for military service. Carpenter, having been at West Point, was unanimously chosen drill-master. The members of the company were highly pleased when he first came down to drill them. His military coat was buttoned closely across the breast, and he walked up and down in front of the line to show them the erect figure and measured but spir- ited tread of a regular. For some time the meetings were prompt and full. The boys thought the village could easily be transformed, for public occasions at least, into regular army barracks, and that in a few months everybody would look as gallant and distinguished as their drill-master. But TRAINS A MILITARY COMPANY. 63 they soon discovered that a good military company is the absolute servant of its commander, and that proficiency in maneuvres and perfection in military carriage can only be achieved after long and faithful discipline. Carpenter, de- termined they should achieve this, put them through accord- ing to the most rigid rules of the regular army, demanding quick and strict obedience of all. He would pass in the rear of the line and straighten the stoop-shouldered, stiffen the lop-headed, and square up those whose knees had an inward and heels an outward draw. Three or four of the most head- strong, who cared more for the display and the name of be- longing to a military company than for the discipline and real benefits to accrue, were decidedly averse to being thus " or- dered around," and, after indignantly informing the drill- master that "he couldn't show off on them any more," resigned. This left the company harmonious, and its affairs moved forward in pleasant prosperity. This early military organization, undoubtedly the first in the state of Wisconsin, became pleasantly proficient in warlike tactics, and was a source of much pride to the citizens of Beloit as well as of credit to Carpenter, who bestowed his time and learning for the benefit of the public. The few survivors speak with pride of their connection with it, and with affection and ad- miration for Carpenter, who was a model drill-master. 64 LIFE OF CARPENTER. CHAPTER V. A LONG PERIOD OF DARKNESS. Suddenly, with no apparent cause, during the autumn of 1848, Carpenter was prostrated by a violent attack of inflam- mation of the eyes. The local physicians, of whom Beloit then contained a half-dozen, offered all the relief in their power, but were unable to cope with the disease, which for a time obstinately held its own as inflammation, and then as- sumed a more complicated and dangerous form, steadily growing worse. He continued to take cases for trial before justices and to go out into the country to manage them. At this time he had a room-mate named E. P. King, still a resi- dent of Beloit, who looked up authorities, performed the necessary writing, and went with Carpenter into court to ren- der any aid that might be required. The people sympa- thized with Carpenter in this heavy affliction and brought more cases than ever to him, so that blindness increased rather than diminished his professional business. With the kind help of Mr. King he continued to serve his clients, con- trary to the advice of physicians, who forbade labor and ex- citement of every kind. He had the treatment of all the doctors in Beloit, but was impatient of their eflbrts because they did not heal his eyes. This impatience, together with his persistent labors, made it impossible for human skill to advance him in any perceptible degree toward convales- cence. He was therefore advised to go to Delavan, in an adjoining county, where he would find complete rest and an ocuhst of some note. By this time Carpenter had to be led everywhere by Mr. King, and never left the room without a heavy green veil over his face, which was frequently supple- mented by a close bandage. The advice to go to Delavan was urgent, and notwithstanding the cold weather and rough roads, he determined to heed it. Bundled up like a little babe from head to foot, accompanied by his faithful friend A LONG PERIOD OF DARKNESS. 65 King, he beat across the country to a little village in Wal- worth county, and there, living in a bad hotel and under the treatment of a charlatan, he remained during a period of ten days, perhaps a fortnight. There King read Shakespeare, Scott, Erskine and the Bible to his afflicted patient to no purpose. He chafed under the ineffectual treatment of the pretended oculist, and returned to Beloit worse rather than better. Here, for a brief period, he refrained from labor, his ph3^sicians having otherwise refused to treat him. He had kind care from the friends and relatives of the Atwood household, and from Mr. King, who, like a close and faithful companion, led him about and read to him from choice vol- umes by the hour every day and evening. At first Carpen- ter shortened the days by playing checkers, a game of which he was exceedingly fond, and in which he was an expert; but soon he became too blind for this, and, of course, for participation in any other recreation or labor. The reading, music and conversation of others were then drawn upon more heavily than ever. Up to this time the power of the organs of sight had not been impaired except from sympathy, the partial loss of their use resulting from the inflamed and swollen condition of the lids. But it was becoming apparent that the orbs themselves were weakening, and that, unless relief should soon be af- forded, he would entirely lose the use of them. Under these circumstances, Dr. Bicknell advised his patient to go to New York without delay and enter the noted eye infirmary, then under the direction of Dr. Kearney Rogers. In fact he was told by the Beloit physicians that his sight probably could never be fully restored, and certainly not even partially re- tained, unless no time were lost in seeking special skill and special facilities for treatment. Struck with horror by the thought of a life-time of darkness, in which all reading, writing, professional labors and literary pursuits must be abandoned or carried on through an amanuensis, he pre- pared with all possible haste to do as advised. 5 66 LIFE OF CARPENTER. IN NEW YORK. Early in 1849, having gathered about $50, Carpenter un- dertook what, in a fair summer atmosphere, would be a perilous journey for a person in his condition, but which was rendered ten-fold more precarious by the bad roads and in- clement weather. Having paid the bills of passage, he dis- covered, on arrival in New York, that his cash possessions would meet the demands of the landlady for only a few weeks. A kind-hearted Mrs. Green was the proprietor of the boarding-house connected with the infirmary, and Car- penter obtained quarters with her temporarily. But, finding that she and her family were unusually obliging and attentive, and, above all, that her charges were moderate, he concluded to remain with her as long as it might be necessary to con- tinue in the city, which he did. The patient did not make his straitened financial condition known to Dr. Rogers or Mrs. Green, but at once dispatched a letter to Rufus Choate, giving an account of his misfortune, describing how, blind- folded, he had " staggered from Beloit to New York," as the last and only hope of saving his eye-sight, and confessing a lack of the funds necessary to enable him to remain in the infirmary until healed. The letter was not sealed, however, until Carpenter had expressed sanguine hopes of professional and financial success in his thrifty western home, whenever he should be sufficiently recovered to return to his labors. In the shortest possible time, an answer to this note was received. It contained not only a sympathetic and cheering letter from the great jurist, but a check for a liberal sum of money, and an invitation to call upon him for further assist- ance, whenever circumstances might render such a course necessary. Carpenter had been in the infirmary but a few days when he became totally blind — the dark event prophesied by the Beloit ph3^sicians. He was naturally greatly alarmed, and asked Dr. Rogers' opinion concerning the case, saying he THE ANGEL MOTHER. 67 wanted to know the worst. The doctor replied that he was not hopeless of etlecting a cure, though the disease had become a very complicated one, with the chances between recovery and permanent or partial blindness .ibout evenly divided. This was indeed gloomy news to one who loved the use of all his faculties as fondly as did Carpenter, and whose prospects of achieving success in his profession were of such uncommon brightness, and depending so particularly upon his eye-sight. He afterward said that he thought he could not be blamed for almost losing hope under circum- stances like those, as no one who had not suffered that whelming affliction could have any conception of how impen- etrable is the shadow that envelops the soul when the light of day is shut out, or how black and sterile the world seems to those who can no longer look upon its changes, its beauties, and its opportunities. Nevertheless, he added, blindness that is only temporary wall have upon a person of literary tastes, who has already acquired considerable general information by extensive reading, a lasting beneficial effect. Up to this recess, he had been devouring every volume of law, literature, history and biography that fell in his way, and the period of' blindness, costly and unpleasant as it was, gave Carpenter time to digest them, draw conclusions from them, and arrange their valuable portions in his mind for future use. THE ANGEL MOTHER. In March, chills and fever were added to his bodily ills, and at one time they reached a very aggravated stage. On a certain night, as he lay alone in a fireless room, the rigors approached a climax. It seemed, he related, that they would certainly shake the life out of him. " Oh, how cold I was," he said, "and how I longed for some one to come and cover me! At last, afler I was almost frozen to death, my mother came. She changed my pillow, spread on more coverlets, and tucked up the bed. Then I was warm. Her face had almost passed from my mind, but when she appeared at my 68 LIFE OF CARPENTER. bedside, it came back to me instantly. Her dear, sweet image has never left me since. I know she came. I felt her hand, saw her face as plainly as I ever saw anything, and watched her arrange the bed. God bless her! She came back from on high to save my life." Thus, after he was able to return briefly to Vermont, Carpenter related the story of the vision to his sisters. He was probably delirious, but not then nor ever after could any force of argument shake the belief that his mother, who died fourteen years before, came to visit and soothe him in the hour of loneliness and distress. Mrs. Green, his landlady, wrote to the friends in Vermont: "The poor boy thought, in his delirium, that his mother came from Heaven to assuage his woe; but it was only poor, old Mrs. Green who spread on the coverlets and smoothed his pillow." A FRIENDLY POLYPHEMUS. A young man of ample education, named Benedict, from one of the southern states, became Carpenter's companion soon after his arrival in New York. This young gentleman had lost the use of one eye, and was in the infirmary for the purpose of having the sightless orb removed and replaced by one of glass. Having one good eye, he offered to read the newspapers to Carpenter, and to read and answer his letters. It is needless to record that this generous proposition was gratefully accepted, and equally needless to say that the two young men, who were of about the same age, became the warmest friends. Not only did this philanthropic Polyphe- mus from the south read newspapers and letters to his blind companion, but gave him copious draughts from general literature. Young Benedict either brought to New York, or pur- chased while there, a volume of miscellaneous poems, which was read and re-read, dissected, discussed and digested with the greatest freedom and impartiality. During this period, and from the reading of this volume by Benedict, Carpenter THE TRUE PHILOSOPHER. 69 committed to memory all, save the ballads, of Scott's " Lady of the Lake " [equal to about one hundred pages of this vol- ume], Burns' "Brigs of Ayr" and "The Jolly Beggars," Byron's " Corsair " and "The Prisoner of Chillon," besides several lesser poems. Such an extraordinary achievement at once made the " blind young Milton of the Wilderness," as Carpenter was called, a noted character in the neighbor- hood, and hardly an evening passed without a crowd gather- ing to hear him recite passages from "The Lady of the Lake," or from that splendid description of the tribula- tions of Robert Bruce, " The Lord of the Isles," or with inimitable felicity, that roaring trespass upon broad humor, " The Jolly Beggars." On such occasions the center of the room, from one end to the other, was cleared, in order to give him opportunity to indulge his invariable habit of walk- ing back and forth while entertaining his unseen but de- lighted audience. These were indeed rare evenings to those permitted to be present, for at no subsequent period of his life, rich and entrancing as were his recitations of poetry, could Carpenter surpass, in eloquence and dramatic etTect, those peculiarly interesting eflbrts of his early days, in an obscure chamber in New York, before hearers whose faces he was never permitt-ed to look upon. THE TRUE PHILOSOPHER. And thus several weeks and months passed, not without some pleasure and considerable profit to the afflicted patient, it must be acknowledged. The young southerner, through whose unremitting kindness Carpenter was able to learn the current news of the day and commit to memory almost a vol- ume of poems, returned home, leaving no one to take his place. The film or pigment which grew over the patient's eyes had in the meantime been removed by Dr. Rogers, enabling Carpenter to see well enough to move about the neighboring streets and to write short letters. But the returning hope of 7© LIFE OF CARPENTER, restored sight was dampened by the fact that the money sent by Choate had been exhausted, and a letter advising him of that fact had remained unanswered for four weeks. Think- ing the letter might have been miscarried, another was sent in accordance with Choate's urgent invitation; but when, at the end of another week, no answer was received, Carpenter explained to Dr. Rogers and Mrs. Green his exact situa- tion, exhibiting Choate's promise of whatever financial aid might be necessary to restore his sight. Mrs. Green was poor and unable to bestow much charity, but Dr. Rogers at once offered to continue his treatment of Carpenter at any boarding-place he might be able to secure. Here was a di- lemma of no mean proportions. Dr. Rogers declared his patient could only undertake a journey to Wisconsin or Ver- mont at the certain peril of his eyes, though their condition had at this time begun to materially improve. Carpenter replied that, let the results be what they might, he saw no alternative but to leave New York, as his money was entirely gone, his board bill was past due, and two letters to Rufus Choate had not been answered in any form whatever. The unanswered letters were more puzzling than his sev- eral other troubles, and he thus expressed himself to Dr. Rogers, knowing that Choate, if alive and well, was not the man to be so discourteous as to refuse to notice the corre- spondence of even a stranger. The doctor answered that he should not listen to the proposition to leave New York; that there was doubtless some good reason for the failure«of Choate to write, and that sooner or later satisfactory tidings would be received from him ; that he could, if Carpenter had no false pride, secure comfortable quarters and wholesome food for him at the Bellevue Hospital, and that he would go there and continue the treatment as long as might be necessary, trusting to the future for remuneration, or even making no charge at all. Carpenter, without any hesitancy or apparent squeamishness, said he would go, and it was ar- THE TRUE PHILOSOPHER. 7 1 ranged that at the end of that week Dr. Rogers should drive him in his carriage over to the hospital. At this point it may be stated that the reason Carpenter did not call upon his foster-father, Paul Dillingham, for financial succor, which he knew would be promptly and gladly forthcoming, was that he had already received aid from Choate, and, expecting every mail from Boston would bring further and ample relief from the same abundant source, neglected to send to Water- bury a statement of his pressing necessities until face to face with the alternative recorded. Dr. Rogers went, as he had promised, over to the Belle- vue Hospital, and secured for his patient, in whom he took hardly less than a father's interest, good accommodations and a promise of special care, " the case being one of no ordinary character," he carefully impressed upon the superintendent. But on returning he found Carpenter, who had received a letter from Choate, in high spirits. The message, dated on shipboard, inclosed a draft for all the money Carpen- ter would be likely to need for some months, and contained an explanation of Choate's long silence. Having become prostrate and exhausted by overwork, his physician had per- emptorily ordered him to Europe for rest and a change of scene, and in the hurry of preparation he had forgotten to make the intended provision for Carpenter. This narrow escape of Carpenter from being for a few days or weeks an inmate of a public hospital, owing to cir- cumstances over which he had no control, is chiefly interest- ing because his willingness to enter such a place until he could hear from his friends, shows that he was a true man and genuine philosopher. He interposed no fanciful notions or aristocratic objections to what is by many regarded too much in the nature of a personal humiliation, but which, as a matter of fact, is not more so than the use of the public highways or the enjoyment of the benefits and protection of government by those who are not tax-payers. 72 LIFE OF CARPENTER. A VISIT TO VERMONT. Carpenter was compelled to remain in the infirmary during a period of sixteen months. Even then he had not so far recovered that Dr. Rogers would consent to his removal to Vermont except upon condition that he would do no reading or writing for at least six months. Nothing worthy of men- tion transpired after the narrow escape from Bellevue Hos- pital, except that a very warm friendship sprung up be- tween the generous physician and his modest but talented patient; so, having made the required promise, it only remains to record that Carpenter left New York during the summer of 1850 for Dillingham's. There, wearing dark glasses and a broad shade over his eyes to protect them from sunlight, for about six weeks he visited, rode and wandered away the soft summer hours. The promise to Dr. Rogers to do no reading was diligently kept — more, perhaps, through the watchfulness of the members of the Dillingham family than the efforts of the patient himself. Cara, who was then at home from school on a vacation, gave most of her time to him, of whom she had always been very fond; and there be- gan that attachment and devotion which, as properly appears later on, was finally sealed between them for life and eternity. RETURNS TO BELOIT. Toward the close of August Carpenter concluded he was as nearly healed as he ever would be, and prepared to return to Wisconsin. Understanding full well that after so long an absence he would not only find his previous business relations broken and destroyed, but that it would be neces- sary to make arrangements to live for some months without earning much from his profession, he began the journey home by going to Boston, where he negotiated with Francis B. Crowninshield for $500, securing the " accommodation ac- ceptance " by a chattel mortgage on his office furniture and RETURNS TO BELOIT. 73 a portion of his library. On this he received $50 in cash, and subsequently drew on Crowninshield for $200, the draft being honored; the balance of the accommodation was never negotiated. The notes were dated " Boston, September 9, 1850," and the chattel mortgage was filed with B. W. Small, town clerk, of Beloit, October 20, 1850. During the last days of September, 1850, Carpenter reached Beloit, having been absent eighteen months. Although cor- dially greeted by the entire population of the village, who re- joiced at his return, they were nevertheless pained to observe the unfavorable condition of his eyes. And Carpenter him- self found he was more helpless than he had supposed. Therefore, for some months Mr. King, Jonas M. Bundy and others — all were willing — were compelled to read, write, and perform other like services for him at home and in his office. Mr. King recollects that he never heard Carpenter utter a word of complaint ^ or express a regret that fortune was less generous with him than with others — never saw him despondent or wince under any suffering. On the contrary, he seemed even more cheerful and witty, and the sunshine of his soul shed more effulgence than had the light of his wondrous eyes. He desired to be told the identity of all persons met on the street, in order that he might, though blind, address them by name and extend a pleasant greeting; and at social gatherings the flow of his humor was never more full and enjoyable than during this long night of his youth. Carpenter's eyes never fully recovered. They were less strong than formerly and less clear and beautiful. It was always thereafter necessary for him to hold a book or news- paper very close to them in order to read; sometimes an ap- parent film would cover the iris, and nothmg was clearly 1 During the most hopeless period of the affliction he caused cheerful letters to be written to his sisters and others. In October, 1S50, he wrote to his sister Esther tiiat the clouds were clearing away ; his eves were bet- ter, his health good, and his weight one hundred and sixty-five pounds. 74 LIFE OF CARPENTER. discernible at even a moderate distance. He was thus unable to recognize any except the most familiar forms and faces unless they were comparatively near to him, which frequently gave rise to the unjust charge that he was thoughtless of his friends and contemptuous of his formal acquaintances. This early misfortune, therefore, cost Carpenter a large number of unpleasant experiences and explanations in later life. Be- fore starting for New York his Beloit physician told him that he would be marked for life. He found, sometimes to his annoyance, and often to his discomfort, that the prediction was a true one, for the lids ever after drooped unnaturally over the eyes, and his power of vision was uncertain. Thus, those who never saw him previous to 1849 had no conception of the perfection of his personal attractions nor of the beauty of the deep, winning, omnipotent orbs that nature had set in his large and shapely head. A BEAUTIFUL INCIDENT. On returning from the east Carpenter did not resume board and lodging with the Atwoods, but furnished rooms and had his meals in the house of Samuel B. Cooper, a well-known justice of the peace. Soon after becoming an inmate of that household a bright and beautiful little daughter was born to the lady of the house. He asked the privilege of naming the child, which was granted, and it was by him christened Cara Dillingham Cooper, in honor of the young lady whom he subsequently married. This became a matter of serious conversation among a few young women of the village, who were in doubt as to the precise construction the incident de- manded. It was generally accepted, however, as announcing his engagement to Cara Dillingham, and, with the majority, added to his popularity. They praised him for what they regarded as an open manner of divulging and honoring a se- cret which, dwelling so distant, could have been discovered in no other manner. bundy's recollections. 75 A PARTNERSHIP. Shortly after returning to Beloit Carpenter formed a part- nership with Hazen Cheney, and was at about the same time nominated for and afterward duly elected district attorney. Business began to return with unexpected liberality, and in a brief period he was one of the busiest attorneys in the county. He took but a small part in politics, attended vigorously to his profession, and in less than a year had cleared away his smaller debentures and begun to reduce his obligations to Choate and Crowninshield, in addition to giving liberally to the various charities of the time and place. Thus he went on growing in popularity as a citizen and in demand as a successful lawyer, until his business extended into all the adjoining counties, and to Dubuque, Milwaukee and Chicago. Having risen above most of his debts, and having, as he thought, formed a pretty firm friendship with prosperity, Carpenter went east in 1855 to claim his bride, and on November 27th was married to Caroline (Cara), youngest daughter of Paul Dillingham. This was an im- portant event in the social history of Beloit, as the groom was perhaps the most conspicuous figure in the place, and the bride the daughter of a distinguished and well-known citizen of Vermont. Discovering at an early day that per- haps sooner or later he would be compelled to seek a wider field of business, Carpenter purchased no permanent resi- dence in Beloit, and therefore, until 1858, when he removed to Milwaukee, he and his wife had rooms and board in the leading hotel of the place, where their first child was born. BUNDY'S RECOLLECTIONS. Jonas M. Bundy, editor of the New York Post and Mail^ has been mentioned as one of Carpenter's companions during the vicissitudes of his early life in Beloit. This chapter. 76 LIFE OF CARPENTER. therefore, can be closed no more fitly than by extracts from a letter describing that period: New York, September 10, 1SS3. Dear Sir: — I think, in fact I am sure, I never was so much filled with admiration for any man on first sight, in my life, as I was with Carpenter when he first dawned on my boyish vision in 1848 in Beloit. Even those who knew him twenty or twenty-five years ago can hardly comprehend how winningly, magnetically handsome he was before a prolonged disease of the eyes dimmed the beauty of what at one time was the most attractive feature of a man singularly endowed with every attribute of a splendid f>hysique. Tall, erect, with the fine military bearing that he had acquired at West Point and had cultivated since, with a freshness, buoyancy and rollicking sense of humor running out in all directions, with a laugh the most musical and a smile the mo>t fascinating that I had ever known, the young lawyer at once captivated all classes in that little New England town, which then and afterward was admirably' calculated to stimulate the best qualities of the intellectual and ambitious. Boy as I was at that time, it was not long before I was taken into the confidence and friendship of Carpenter, and from that time until the day of his death there never was a moment when either one of us could not, on the shortest notice, have called upon and had either for any service or effort within his power. From the first, the large-hearted generosity of the man was evident. He had none of that art which enables some lawyers to manage their friend- ships so that they pay. From the first, many of his friends were among those who were not only poor, but destined to remain so during their nat- ural existence, and it was for such people that his life was largely spent. The men who were most sure to retain his best efforts and most courage- ous advocacy were those who belonged to the class he always designated as " the Lord's poor." Spending, as I did, a great deal of time at Carpenter's office and in his rooms, where we pursued the same course of reading, I had opportunities of seeing how firmly he laid the foundations of that lucid and powerful style of legal argument which afterward so captivated the justices of the United States supreme court and such great lawyers as Edwin M. Stanton and Jeremiah S. Black. In drawing up the most ordinary brief, Carpenter was never satisfied with the words that he had first written, but kept con- tinually working out through the dictionaries or the works of standard authors the most certain and exact shades of meaning which he desired to express. Of course, the great affliction which fell upon him, in the spring of his manhood, in the almost total loss of eye-sight, was one of the inscrutable dispensations of Providence which will never be forgotten by those who bundy's recollections. 77 knew Carpenter at that trying time. I might say a great deal about that period ot his life which probably will never be published. I shall, how- ever, only say quite emphatically, that I know nothing in regard to the private life of any of my friends who have become famous which showed such a combination of pluck, patience and endurance, coupled with trials of the most heartrending character, as were triumphantly endured by Car- penter at that time. For many months he was confined to a room in this city, not only nearly blind, but with little prospect of ever seeing again, and dependent almost entirely upon the aid furnished him from time to time by his great friend and instructor, Rufus Choate. I have many times talked with Carpenter about that terrible period of blindness and almost entire helplessness. He often told me that he regarded that time of trial as one in which there was formed in him more character, more of a feeling of necessity for trust in God, of the vanity of human ambition, of the ten- derness of unselfish human love, of the pricelessness of the affections and sentiment, that were only strengthened and made more fervent by afflictions, separation and almost utter hopelessness. Yours, now and hereafter, J. M. BUNDY. 78 LIFE OF CARPENTER. CHAPTER VI. FAIR, WHITE MILWAUKEE. After his appearance for the respondent in the Bashford- Barstow qiw warranto case, in 1856, which we shall soon exam- ine, Carpenter's most lucrative engagements began to come from parties outside of Beloit. These causes were gener- ally for trial in the supreme court of Wisconsin, the United States district and United States circuit courts, and the cir- cuit court for Milwaukee county. Beloit was in the extreme southern portion of the state, away from courts of every kind, and so situated that she would always continue in that condition, which necessitated for Carpenter almost continuous absence from home. He therefore resolved upon removing to some larger and more central business point. Some at- tempt was made to draw him to Chicago, but it was not seriously considered. He already had a large practice in Milwaukee, and as that point was then, and in all probability would forever remain, the commercial metropolis of the state, he determined to make that his permanent home. But the date of removal for some time after a change of base was discussed remained undecided, and perhaps might never have come to material result, except for a romantic incident which proved in his case to be that Tide in the affairs of men Which, taken at its flood, leads on to fortune. During his first year in Beloit he made a speech on the license question. Among his listeners was Newcomb Cleveland, of New York. Subsequently Cleveland became interested in the contract for constructing the Milwaukee & La Crosse Railway, and finally a trouble that arose between him and the railway corporation became so important that he resolved to bring suit for damages in the sum of $150,000. On a pleasant morning of the summer of 1858, as Carpen- FAIR, WHITE MILWAUKEE. 79 ter sat in the open window of his office reading a maga- zine, Cleveland, a stranger, entered and greeted him by name. After a brief conversation the visitor related that he had decided to begin litigation against the railway company and that he desired to place the sole management of the case in Carpenter's hands. When an arrangement to this effect had been agreed upon, Carpenter was informed that his engagement was the result of the brief argument made years before on the license question. " I was then," said Cleveland, " so thoroughly impressed with your clear rea- soning and solid conclusions that I determined you should have exclusive charge of my first important law suit. I have kept my resolution." As soon after that as he could settle his affairs, Carpenter removed to Milwaukee and began that flood of railroad liti- gation which he fought in all the courts, high and low, until his death, some of which is now as far from settlement as ever. His success was such that Cleveland enfjacjed him to conduct his railway and other actions for a period of ten years at $6,000 per year. The attorneys who opposed him were the best in the land, yet he combated them all in the vast domain of corporate powers, rights and limits, without aid or counsel, and with such signal ability as gave him a national reputation. Twenty years later, in illustrating how the current of a man's life may be changed by the slightest incident, he said: " If it had not been for that little speech on the license question I probably would have continued in Beloit for some years, perhaps during the remainder of my life. If I had remained there I never should have been en- gaged in the McCardle case and never should have been sena- tor. Cleveland brought me into a wider field, and then I studied as no man ever before studied to carry his litigation through successfully. That license speech was the turning-point of my life and made me all that I am." Before the Cleveland engagement, however, Josiah A. Noonan, one of the great political engines of the Wisconsin 8o LIFE OF CARPENTER. democracy, had seen and admired Carpenter. He was also a firm friend of E. G. Ryan, and conceived the idea of get- ting those two brilliant attorneys into one firm, with head- quarters in Milwaukee. Therefore, after the railway liti- gation mentioned had begun, he went to Carpenter and suggested that the Httle city of Beloit could never grow to a place of great importance; that Milwaukee was and always would be a much broader and richer field for professional labor and success; that the various managers, contractors, stockholders and bondholders of the railways were becoming more and more involved in a multiplicity and complexity of transactions, out of which endless litigation would grow, and that he should return home and prepare at once for per- manent removal to Milwaukee and a partnership with Ryan. Carpenter replied that he was satisfied the railway com- plications would soon make a large amount of business for the lawyers; that he was favorably impressed with Mil- waukee and her prospects, that he already had contem- plated leaving Beloit, and that if satisfactory terms with Ryan could be arranged, he would make the change at once. This was in August, and a few weeks later the partnership articles were agreed upon, and Carpenter and his family removed permanently to Milwaukee. They took up their residence in what was then the largest and finest hotel in the northwest, the Newhall House,^ and continued to make it their home foi some years. In 1869 Carpenter rented, and during the following year purchased, the brick house on Van Buren street which then became, and has since con- tinued to be, the family residence. In his new home personal acquaintances and friendships were formed rapidly, for Carpenter was already a well- known and clearly-defined figure in the public eye, and his social and popular career in Milwaukee was but a repetition of that at Beloit on an enlarged scale. He eschewed politics entirely until i860, when he made a few public speeches for 1 Destroyed by fire January 10, 18S3, with eighty human lives. FAIR, WHITE MILWAUKEE. 8l Douglas, and devoted himself, it seemed to those who watched his labors, with more than human vigor to his pro- fession. Nevertheless, he found time to meet with social and literary gatherings, and when his fascinating conversa- tional powers and literary accomplishments became fully known, few occasions of that sort passed without attempts to secure his presence, though they did not always succeed. Chapters might be written of his popularity with all classes in the "Cream City" — young and old, high and low, German and Irish, Christian and Saracen, republican and democrat — but it is not necessary to do it here. The fact appears more clearly in connection with various incidents of his public life, as related in subsequent pages, than could be shown by mere description. The story may be condensed, however, into a single sentence: Nothing like it was ever known in Wisconsin — perhaps in the Union. His many public references, therefore, to "fair, white Milwaukee" were always tender. He loved the place and its people, and long before the shadow of death fell across his pathway, expressed the wish that there, in the quiet, shaded aisles of Forest Home, by the side of his beloved children, his ashes might at last be laid to their final rest, lulled by Lake Michijjan's eternal murmurs. 6 82 LIFE OF CARPENTER. CHAPTER VII. BEGINNING THE LAW. The covers of no ordinary volume would contain the de- tails of the career of Carpenter as a law3'^er, for he was pre-eminently that, though his labors as a senator, reconstruc- tionist and supporter of the Union during the Rebellion, brought nearly all the popular fame his name enjoyed. He left his father's roof for the purpose of following the foot- steps of Erskine and John Marshall; returned from West Point, where he had attained an enviable position in his class, in order that the expanding genius of an enthusiastic lawyer might not be withered and destroyed by the forced, uncon- genial marches of the regular army; studied with rare dili- gence at Dillingham's, having the fame of Daniel Webster, Jeremiah Mason and Rufus Choate steadily in view; jour- neyed to Boston to sit beneath the savory teachings of Choate and discover the secrets of his abundant success; delved into the uttermost recesses of human lore that no competitor might distance him in the use of apt and correct knowledge; turned his back on the classic and historic at- tractions of Massachusetts, because the expanding west would afford a wider and more fruitful field for the growth of his ability and ambition ; and explored, as long as he lived, every new realm of legal literature, at home and abroad, that no correct principle or wholesome doctrine governing the eternal search for equity and the just settlement of the controversies of mortals might escape him. Thus he was a lawyer before he was a public servant or a public character, and it is therefore proper to first devote some attention to his professional career. Carpenter always defended his professional character, while other attacks were passed by without notice. When the cataclysm of political slander poured its poisonous streams BEGINNING THE LAW. 83 upon him, he was fully consoled with the cheerful remark: "Well, I have never yet been accused of being a bad law- yer." When his fellows in the senate evolved sophistical theories or high-sounding clap-trap, or advocated an uncon- stitutional measure, he would say that being " only a lawyer " he must oppose them, and close by begging to be "spared from degenerating into a mere statesman." One of the things that more than any other exasperated Charles Sum- ner was Carpenter's frequent taunt: " My friend from Mas- sachusetts, once a sound and upright lawyer, has been degraded by public life to the blase purlieus of a common statesman, as may be observed by the unsound views he is advocating." He regarded a learned and conscientious lawyer as the only true and safe law-making statesman. It was well known that James G. Blaine was not and never had been a lawyer. Therefore, when he essayed to speak on a legal question, the mode of ridicule that gave Carpenter the most abundant relish was that of ironically praising the senator from Maine as "beyond all comparison a distin- guished and learned attorney." As Burns was displeased with any title save that of poet or Highland bard, so Car- penter desired no title of distinguishment beyond that of law-giver. It was originally the conception of Paul Dillingham that Carpenter should become a lawyer; but it was the splendor of Daniel Webster's fame which gave birth to that infatua- tion for the profession which retained possession of him to the last day of his life. Webster was, in his time, the only man who successfully sat in the senate of the United States and at the same time carried on a large practice before the United States supreme and other courts. Carpenter's ambi- tion was to equal Webster in that respect, and he accom- plished it. After 1870 he was equally busy and successful in the senate chamber and the chamber of the supreme court, carrying a multiplicity of burdens in both. Let us begin at the beginning and trace Carpenter's pro- 84 LIFE OF CARPENTER. fessional growth. At Dillingham's he was trusted with drafting legal documents and trying petty cases before jus- tices of the peace. His papers were ever drawn with perfect neatness and literary taste, and Dillingham was in the habit of exhibiting them with pride as models of their kind. WHIPS HIS GRANDFATHER. The first suit before a justice, or any other judicial tribu- nal, that he undertook to conduct without the aid or presence of friends, was in 1841, when between sixteen and seventeen years of age. A jeweler had lost a quantity of goods^ and brought suit before a justice of the peace in Moretown to recover possession. Cephas Carpenter, the boy's grand- father, had been engaged by the defense, and was probably instrumental in having the prosecution engage Merritt to oppose him, for he was exceedingly proud of his brilliant young grandson, and lost no opportunity of pushing him for- ward. The case came to trial in the old school-house at Moretown. The building was crowded with neighbors and friends, all eager to witness so novel a spectacle as a contest between a fearless and hard-striking old advocate of seventy and his stripling grandson of sixteen. Merritt's brother and sisters, with dozens of his former schoolmates and childhood acquaintances, gathered under the windows of the scarred temple of learning and justice, as the only available stations whence they could observe the proceedings on the inside; and these openings were closely occupied during the entire day and until the verdict was rendered. Cephas Carpenter resorted to all the feints and maneuvres that he thought would be likely to bring the metal and ingenuity of his grandson to view, and thus made the trial, on his part, one of more than ordinary interest and display of ability. The con- flict was protracted as long as possible by the grandfather, in order to test his youthful adversary at every point, but the verdict was against him. All tongues were busy in More- town that evening, for a sixteen-year-old boy had compassed CARI'ENTICR AGAINST EDMUNDS. 85 the defeat of the oldest and most noted justice-court advocate in Washington county. For his fee, young Carpenter re- ceived a gold ring, which he soon after gave to his sister Anna, by whom it is still worn and cherished. During the year following his first suit, or when he was seventeen, Merritt compiled the evidence, applied the law, and prepared the papers asking a pension for his grand- mother, as the widow of a soldier of the Revolution. He succeeded in securing the annuity. This was a conception of his own, after learning that the grandfather on his mother's side fought against the British, and was carried to fruition without aid, greatly to his youthful glory in that sec- tion. At various times afterward, Cephas Carpenter tried petty suits against his grandson, always managing the cases in such a manner as to best develop the boy's skill at nisi pnus. There are perhaps no instances on record, where the successful practice of an attorney dates back to his seventeenth year, or where a fledgling of seventeen triumphantly prosecuted his first pension claim against the federal government. It should be added, however, that the first of his early business was obtained for him by his grandfather, who always predicted that Merritt would make a great lawyer. This course was like that of the shrewd old cat, who, desirous that her kittens should turn out good mousers, gave them an early taste of blood. CARPENTER AGAINST EDMUNDS. Young Carpenter's first professional engagement, after returning from West Point, was made early in 1846, when he was between twenty-one and twenty-two years of age. The opposing counsel was no less than Geo. F. Edmunds, then living at Richmond, something like twenty miles down the Winooski river. The two fledglings, each afraid of the other, met in a little, gray wooden school-house in the town of Bolton, in a gap of the Green mountains, and half-way from Waterbury to Richmond. The suit, small as it really was, attracted no little attention from the peasants of the 86 LIFE OF CARPENTER. neighborhood, and the artless but attentive audience was present, until far into the night, to listen to the forensic efforts, the sharp retorts, and the crude legerdemain of the young Blackstones. In his memorial address to the senate in 1881, Mr. Edmunds thus referred to that spirited contest amidst the lofty grandeur and quiet solitude of the Green mountains: Carpenter's birth-place and the home of his youthful days was only a dozen miles from the town of my own nativity, the hills of which I can still see from my present home, and we first met, when we were both very young and studying law, at a small school-house situated in the very heart of the mountains, to contend through the whole day and night for the rights of our respective clients in a very small aifair, before a farmer justice of the peace and a jury of six. Although the instances cited cover his first management of formal trials, they do not include young Carpenter's first appearance in court under fee and in response to a regular engagement. A matter of some moment was pending, when he was sixteen, before a mountain justice of the peace and a rural jury, and he was engaged as " of counsel." He re- ceived the interesting fee of fifty cents, the first lucre earned in the legal profession that ever enriched his palms. His duties were thus set forth when the retainer was passed: " When the other side makes a point, just look as sour and glum as you can ; but when we gain a score, you just cheer and stamp like the devil." The instructions were obeyed strictly, at least fifty cents in shoe-leather being stamped out. The effectiveness of this peculiar afTair will be fully appreci- ated by those professional men who can remember that in early years the applause and approbation of the crowd often had more influence in bringing a verdict from the jury than all the evidence of witnesses and the oratory of attorneys. A. V. H. Carpenter, a relative of the subject of this mem- oir, and an early student and practitioner of the law in Ver- mont, relates: Matt. H. Carpenter and myself were born in adjoining towns. I had completed my law studies while he was yet a student. We were both at our original homes on a visit, and chanced to meet at an intermediate FIRST CAUSE IN WISCONSIN. 87 point where an important examination upon a complaint setting forth forgery was in progress before a magistrate. Matt., in a manner that I do not now recollect, was asked to assist the prosecuting attorney, and I was retained by the respondent, as his attorney was from western New York and not thoroughly familiar with the court usages of Vermont. Matt, and I were well acquainted with each other, and I recollect that at the conclu- sion of the examination he said he had never before made an argument before a court. Whether this was before or after the cases already men- tioned is of no consequence. The fact intended to be con- veyed in the letter is that young Carpenter had never appeared before a magistrate simply to make a special ar- gument. FIRST CAUSE IN WISCONSIN. Although he tried numerous small matters very success- fully, and was well known in Washington county as a bright young man, Carpenter did not trust himself, while in Vermont, to take a case higher than the court of a justice of the peace, and while with Rufus Choate entered upon no practice exxept that of drafting legal papers and attending to miscellaneous office business, as heretofore mentioned. He removed to Beloit to begin the regular practice of his profession. His first appearance in a Wisconsin court was at the June term of the United States district court at Janesville. He was also present in Janesville at the organization of the circuit court system of the new state, and from his knowledge of practice in older states, was able to make many valuable sug- gestions to the newly-chosen judge, Edward V. Whiton, afterwards chief justice of the Wisconsin supreme court. His first case after settling in Beloit was heard before a justice of the peace at a point in Rock county, ten or a dozen miles above Beloit. A farmer named Ebenezer N. Baldwin came down in search of a lawyer, and, ob.serving Carpenter's sign, entered the office and made known his errand. Of course he could " go at once," and in five minutes the \oung attorney was seated beside the farmer on the hewed poles which constituted the box of a lumber wagon, and thus jolted 88 LIFE OF CARPENTER. over the rough, unworked roads of a new country. As the twain ascended the valley of the river the farmer recited all the facts and circumstances of his case, and when they ar- rived at the office of the justice Carpenter was ready for trial. Who opposed him, or what the cause of litigation was, is wrapt in obscurity. Late at night the cause was ended and the farmer brought Carpenter back to Beloit. On inquiring of him what fee and charges were to be paid, Carpenter replied: " Oh, I guess about a dollar." The smallness of the fee might lead to the supposition that he was defeated, but the accompanying letter proves the contrary: Afton, Wisconsin, August, 1883. Dear Sir: — In July, 184S, I sued Cyrus Woodbridge before a justice of the peace. Matt, conducted the suit — tlie first he had in Wisconsin. He won the case, and when I asked him what his charges were, he answered : " One dollar." I asked if that was enough, and he said: " Oh, I guess so." You did not ask concerning anything but that early suit, but I can not re- frain from adding that Matt, was one of the best lawyers and best citizens that ever lived. He was an open-hearted, generous man. He was a great friend to the poor, and would rather give his last dollar tlian see them suffer. They all loved him, and I loved him, too. Respectfully, Ebenezer N. Baldwin. The first case Carpenter had in the circuit court was brought on a writ of certiorari in the matter of T. C. Demary, plaintiff in error, vs. J. P. Oilman, defendant in error, and judgment in his favor, reversing the decree of the justice, was entered early in 1849. He was then twenty-four years of age. The first case taken by him to the supreme court of Wis- consin was that of Kirby vs. Martin. The suit was origi- nally brought for the plaintiff to recover the value of ahorse in the sum of $40. The defendant carried the case, having been defeated before a justice of the peace, to the circuit court of Rock county, and there succeeded in securing a judgment of reversal. Carpenter appealed, for his client, to the supreme court, filing the papers May i, 1852. The case AN AUGUST BODY. 89 was argued on June 23d and decided June 29th of that year, in his favor. This gave Iiim something of a standing for judicial learning, as it was generally held by his legal breth- ren in Rock county that he had taken a wrong position in the case and would be defeated. AN AUGUST BODY. The first case Carpenter carried to the supreme court of the United States w'-as that of Bronson and Soutter, trustees, x'5. The La Crosse & Milwaukee Railway Company c/ «/., in which, February 20, 1863, he argued a motion to dismiss the cross-appeal of other parties. On February 2, 1864, he appeared before the same court, in the same matter, for complainants, to make an argument on the merits of the case. In one sense he was victorious, and in another he was not. The court held that the United States district court, from which the appeal was taken, exceeded its jurisdiction, but decided, " for the present," to withhold the remedy. This case was, in man}- respects, the most extraordinary tliat had been taken to the United States supreme court. Its inter- minable comphcations, the charges of collusion and fraud, and the voluminous papers brought with it, gave the court a severe test, and completely confused all the laymen before whose attention it came. Justice Nelson, in delivering the opinion of the court, admitted this by characterizing it as a " most complicated, difficult and severely contested cause." John William Wallace, the famous reporter of the court, was compelled to admit, in a note on page 411, of i Wallace's Reports, that he w^as unable to make a clear and full report of a case in which the record consisted of over one thousand octavo pages of closely printed matter, and the discussion of which by counsel occupied "no small fraction of a live months' term." To prepare and fight through this cause, which trav- eled in so many new fields and untrodden paths, must have required an almost inconceivable amount of labor and re- search. In its conduct Carpenter won from the bench and from his eminent professional brethren great praise for learn- pO LIFE OF CARPENTER. ing and ability. The subjoined tender letter to Mrs. Car- penter, written late on Saturday evening, February 6, 1864, after the first case had been given to the court, discloses the labors and excitement of that period: My Dear Wife: — I have just returned from the theater, where Vesta- yalli has again been acting the man. I still think she is splendid. I have passed an exciting week, and am dreadfully tired at its close. I have succeeded, you will be glad to know, even better than I anticipated. ****** My argument in the supreme court has made considerable remark and elicited high praise from high sources. The congratulations and compliments that have been showered vipon me for the last two days are quite embarrassing: — even so, vain as I am, and panting, as I do always, for the approbation that is accorded to a good speech. I think I may say, without at all over-stating the thing, that I made a very favorable impression upon nine most intelligent and experienced gen- tlemen, who are better qualified than any other nine men in America to judge a speech correctly. You may be sure I am proud of it, and repeat it to you because I know you will be proud of it, too, though I hope not so vain about it as I am. A volume of respectable proportions might be composed on this one case and those of a similar kind that followed and grew out of it, and involved the same parties. It began, as previously related, by Newcomb Cleveland's romantic re- tainer of 1858, and is still pending. Carpenter's briefs, arguments and papers in that behalf, with the answers to them, comprise hundreds, perhaps thousands, of volumes, and in the office of John W. Cary, solicitor-general of the Chi- cago, Milwaukee & St. Paul Railway, form a large and val- uable library. It was a torrent of litigation that brought Carpenter fame, made good lawyers of his numerous oppo- nents, jeopardized millions and millions of dollars, threat- ened the existence of heavy railway corporations, occupied the deepest attention of courts for a quai"ter of a century, and developed and settled the great principles of railway law. Its parallel, so far as the matter itself or Carpenter's pj^rt in it is concerned, is hardly found in the histor}'^ of American jurisprudence. EXCITEMENT AT BELOIT. pi CHAPTER VIII. EXCITEMENT AT BELOIT. From the digression of the preceding chapter, let us re- turn to Beloit, where Carpenter first achieved notoriety as an attorney by eijgaging in some curious litigation involving not only the title to lands in the village, but the good will and friendship of his fellow-townsmen. An act of congress of May 30, 1830, subsequently amended, was framed for the purpose of preventing that speculation in village lots by which sharpers had robbed many eastern capitalists. It prohibited the pre-emption of public lands for any other than farming purposes. The New England Emigrating Company, whose members settled Beloit, planned to outwit the government. They agreed that several persons whom they could trust should claim all the lands embraced in the plat of the village, with the understanding that these parties should, after re- ceiving patents from the government, reconvey in lots to the various proper owners. This was carried out strictly. In November, 1838, R. P. Crane filed his pre-emption on a cer- tain quarter-section, and then, before receiving a patent from the government, deeded the lots to various parties. In the land undergoing this jugglery of titles was a piece on the Rock river — which was then considered navigable — set apart for a "public landing;" but no conveyance having been made to the village, its title remained in R. P. Crane. When it came time to bridge the river, the authorities pro- posed to exchange with one Brown, for land necessary for one of the approaches to the structure, a portion of the "public landing." Brown agreed to the proposition, and after the trade had been consummated by an exchange of deeds. Carpenter discovered that Crane and not Beloit was the real owner of the "public landing," and that he, for the sum of $50, had some time previously quitclaimed to one 92 LIFE OF CARPENTER. Gardner. Gardner brought a suit of ejectment against Tis- dale and Tondro, occupants of that portion of the " public landing " which Beloit had pretended to convey to Brown, and Brown's tenants. Carpenter, as attorney for Gardner, carried this case to the supreme court and won it. While engaged in its preparation, he conceived the theory that Crane and those engaged with him for the purpose mentioned, having conveyed the land in Beloit to numerous persons before they had received patents from the govern- ment, and consequently before they themselves were the de jure owners thereof, had made no legal transfer, and were therefore the technical, if not the rightful, owners of all the lands pre-empted by them for themselves and their neigh- bors. To test this theory he had Crane convey his entire portion of the village site to S. B. Cooper, in 1855; Cooper conveyed to J. L. Demmon (Paul Dillingham's law partner), and Demmon conveyed to Dillingham. An issue was made up, and Carpenter, for Dillingham, tried the title to several lots in the Rock county circuit court, where he was defeated. He then transferred the cause to the supreme court on a writ of error. Vast interests were involved and a desperate fight must be made. Accordingly, an extraordinary array of legal talent was engaged on both sides. Carpenter and Ed- ward G. Ryan, with Rufus Choate, of Boston, as counsel, were Dillingham's attorneys, while J. R. Doolittle, of Wis- consin, Daniel Cady, of New York, and Abraham Lincoln, of Illinois, prepared the defense. The practice of conveying title before a patent had been received was a comparatively common one in early days, and the eyes of the entire north- west, desirous of knowing what property had been be- clouded, were intently watching the case and the array of giants gathered around it. The supreme court affirmed the decision of the lower court, and Carpenter's clients appealed to the United States supreme court. There a similar suit from Louisiana was already on the docket, which, being decided adversely, induced him to withdraw the action. EXCITEMENT AT BELOIT. 93 Beloit, at the date of the commencement of this action, was a village of considerable wealth and pretensions. The people, therefore, when Carpenter brought the title to their real estate into question, wrought themselves into a certain state of excitement. Every community contains rash, headstrong characters, and of this class Beloit had a small share. Their counsels were various. Some thougiit Carpenter should be pursued with sticks and staves, others were for personal chastisement, and others still for inviting him to leave the vil- lage. While the ugly were at their ugliest, a public meeting to consider the matter was held, one warm evening, in the open space in front of the church known as the " stone-pile." A large crowd was present, which was addressed by Carpen- ter from the steps of the edifice. He explained the object and tenor of the entire matter. During the progress of the meeting he asked the hair-brained members of the crowd what they proposed or imagined they could do by a public demonstration to settle a cause pending in regular form be- fore an impartial judicial tribunal. One old character shouted: "We can hang you, can't we?" Instantly Car- penter retorted: "Yes, indeed, you can hang me, but that will only settle mc, the attorney in the case. Lynchings do not destroy or transfer titles, nor terminate vested rights. ■ If you should take my life, every right and title belonging to me would descend to my heirs. So my destruction would make you shedders of blood, not the givers of equity." The chief desire, he then went on to explain, was to test the prac- tice of conveying lands before final title had been vested in the party making the conveyance, and to settle the title to the lands in Beloit, so that subsequent deeds should be valid. Residents, he said, need feel no alarm. They would, in case his suit should be won, be treated fairly. He should deed to them for such a nominal sum as would cover the expense, and pay for the re-survey he had caused to be made. He did not care to make anything out of his friends and neigh- bors, but, in case of success, he might squeeze the specula- 94 LIFE OF CARPENTER. tors, who, living in other cities, held unimproved lands in Beloit for the purpose of profiting by the industry and thrift of its residents. Few men would have had the courage to adopt such a course. It was the first demonstration of inde- pendence and that peculiar fearlessness of personal conse- quences that characterized Carpenter's entire life. More than three-fourths of the people were satisfied with his ex- planation, and many of them, even though the suit had been decided in their favor in the lower courts, went to him and paid nominal sums for quitclaim deeds, feeling that they had received the value of their money in having the real or im- aginary, cloud forever removed from the title to their landed possessions. This litigation, which extended over a considerable period, brought Carpenter into wide notoriety. The case, as to the value of the interests involved, was important, and to be as- sociated with the best line of legal talent from Boston to the Father of Waters was also a valuable professional honor. AN INCREASING PRACTICE. Carpenter now began to enjoy a very liberal practice. Al- though the youngest lawyer in that section, many important causes found their way into his hands. In matters where large property interests were involved, he took charge of them upon a contingent fee; that is, agreed to carry them through to final judgment with the understanding that, if successful, he should receive a certain, usually a fair, per- centage of the amount in action. This plan had its advan- tages for both client and attorney. It called to the latter a certain amount of lucrative business, and led him to be care- ful not to take particularly bad cases. At the same time the former was comfortable in the belief that his interests would be more vigorously contended for than if the contract were such that the lawyer's fee would be as great in defeat as in victory. His first large fee under this plan grew out of litigation TIIIC MORMONS. 95 involving the Beloit waler-power. lie was victorious, and received for his services a tract of land then worth $i,2tice to restrain the princes of the white rose or the red. To God and his good sword the rightful magistrate has looked for his support in power, or to bring him to his own when withheld from it. No injunction ever issued from the high court of chancery commanding "Grim-visaged War to smooth his wrinkled front." Shadows affrighted the soul of Richard in Bosworlh field; and ghosts troubling his sleep denounced against him every curse, threatened him with everjr harm; but never a ghost croaked quo -warranto! lOO LIFE OF CARPENTER. The court decided that it had jurisdiction, and ordered the relator, Bashford, to bring in proof of the allegations of fraud set out in the information. Thereupon Barstow's counsel, on March 8th, formally withdrew from the case. In doing so, Carpenter addressed the court to the effect that " Gov. Barstow is not, by simply not pleading, to be regarded as a convicted man. The court must judicially regard him as the legal governor until he shall have been proven to the con- trary." Saying this, he added, " We leave this case with- out regrets for the past, without fears for the future," and withdrew. Before departing, he handed up to the court a communi- cation from Barstow, which was, as the official proceedings declare, " couched in such indecent language that the judges would not receive it." Subsequently, Carpenter published that he had no knowledge that his client's paper contained anything of an Improper or discourteous nature. This is easily believed, as he was always consistent in observing due respect to the courts. The court held, as Carpenter requested, that Bashford must bring proof, at the same time entering against Barstow an " interlocutory judgment." The proof showed that town 25, range 10, In Waupaca county, the town of Gilbert's Mills, Dunn county, and the town of Spring Creek, in Polk county, from which large supplemental returns had been brought in Barstow's favor, were then, and always had been, totally uninhabited! The persons sent to look up evidence found nothing more than a trail through one of the towns, and in another that only two entries of land by speculators had ever been made! This outrage upon the ballot-box, this corruption of the very foundation of republican institutions, was so wicked and stupendous that the court at once turned the interlocutory judgment into a final affirmation that Bar- stow was an intruder and usurper, and Bashford the rightful governor. Although Carpenter's cause was an unholy one (which THE BASHFORD-BARSTOW BROIL. lOI was publicly admitted by his withdrawal while it was pend- ing), his polished and ingenious argument in its behalf wid- ened his reputation and contributed more to his public advancement than anything that had previously transpired. He did not, however, realize one cent for his services.' 1 While speaking in the senate, January 6, 1S74, in favor of repealing what was popularly called the "salary -grab" act, Carpenter said, referring to this suit: " I have practiced law twenty-five years. I charge my clients what I think they ought to pay. If they object to the amount, I receive what they are willing to pay. To this there has been only one exception. In one case I thijught my client acted badly, and sued him for compensation, de- manding $i,ooa He pleaded that my services had been of no value. I discontinued the suit, paid my own costs, and sued him again for $2,000 and interest. He interposed the same defense. I noticed the case for trial, called his own lawyer to the stand, proved my services to be worth consid- erablv more than $2,000, and recovered judgment for that sum and interest My client then came to me and told me what I did not know — that he owned a lot of land worth $6,000, upon which my judgment was a lien; that he was in great distress financially, and that if I would discharge h 9 judgment, he would sell the lot and pay me $1,000; and if he ever could pay the balance of the judgment, he would, and if he could not, he would not. I said 'all right.' I discharged the judgment; he sold the lot, put the money in his pocket, and I have never seen him since." J02 LIFE OF CARPENTER. CHAPTER X. CONSPIRACY AGAINST BOOTH. The grand jury for the April term of the circuit court for Milwaukee county found a bill of indictment against Sher- man M. Booth, charging him with contaminating the chas- tity of Caroline N. Cook. This is a memorable case in the annals of jurisprudence and politics in Milwaukee, and in Carpenter's professional career. Booth was an original anti- slavery agitator and editor. At the time mentioned he was editor of the Free Democrat^ the most conspicuous republican paper in Wisconsin, and had been the leading figure in rescu- ing from the officers one Joshua Glover, a fugitive slave, which act resulted in a long and bitter series of legal pro- ceedings involving the question of state-rights, so-called, and precipitating an exciting conflict of authority between the state and federal courts. He had kept up the anti-slavery agitation, with intense vigor, for fifteen years; out of it had grown the republican party, which had taken from the dem- ocrats the control of the state, and still the fire of the Free Democrat was not less incessant or less effective. The de- mocracy, therefore, determined to compass his ruin. Under such circumstances, Booth was indicted. The dis- trict attorney, Dwight Corson, was a democrat, the judge was a democrat, the officials generally were democrats, and the democratic party had desperately resolved to convict the defendant if it could be done. Somebody not known to the public had engaged E. G. Ryan to aid the district attorney. The democratic papers prepared caricatures for publication immediately after Booth's conviction; the community was excited to an unusual degree, and the case was being spicily tried in the opposition newspapers. Things generally indi- cated that conviction was to be had at all hazards. Booth engaged H. L. Palmer for his defense, and the trial was CONSPIRACY AGAINST BOOTH. IO3 drawing near. Josiah A. Noonan went to Carpenter and explained that, for a new-comer who had not yet secured a foot-hold, here was an opportunity of rare advantages to achieve professional fame. The case appeared to be, he argued, that a conspicuous politician was being assailed by the armies of the opposition, with the wicked intention of destroying his influence and power and thus injuring his party, the artillery in the enemy's hands being several per- sons of questionable character who had been lured into it by golden promises, and that the conspiracy was so well organ- ized, that, without the ablest defense, Booth, however inno- cent he might be, would be convicted as a republican, if not as a debaucher of virtue. Carpenter consented to go into the case. The partnership of Ryan, Carpenter & Jenkins had just been dissolved, and the two senior members of the firm were not friendly. The Milwaukee & La Crosse Railway litigation was in an in- cipient and semi-comatose condition, and Carpenter was- without important engagements. He therefore entered upon the defense, " rejoicing as a strong man to run a race." The trial began July 25, 1859, and lasted two weeks. The court- house was crowded with spectators from the opening to the closing hour. Ilis address to tlie jury, which occupied two days, was the prominent feature of tlie affair. Many distin- guished persons listened to it, among them the noted Thomas Marshall, of Kentucky. He had halted in Milwaukee with the intention of opening a school of eloquence and elocution, but after being irresistibly held to a seat in the court-room for several da3's by the fascinating oratory of Carpenter and Ryan, he abandoned his project with the remark that " Mil- waukee had no need of any more teachers of eloquence." Carpenter, in his address, drew a divine picture of chas- tity — of a perfectly chaste woman — which yet stands unri- valed in judicial history. "She is not," he said, "sii^iply a person of undefiled bod}'', but pure and unsullied in thought, free from lustful desire. A chaste character requires a pure I04 LIFE OF CARPENTER. mind as well as a pure body — pure actions and modest, delicate deportment — ' in maiden meditation fancy free.' " The jury did not agree, and before a new trial could be had for the vindication of Booth, all the members of the Cook family, by the same influence that procured the in- dictment and engaged unusual counsel to aid the district attorney, were sent to England, and none of them were ever after heard of in Wisconsin. Carpenter was well satisfied with the results of his effort. Ryan had been defeated, the conspirators thwarted, and his reputation as an advocate of surpassing ability fully estab- lished in Milwaukee. After the excitement had been quieted, it is still related, one of the jurymen stated that he and others took their seats as jurors " sworn to convict Booth according to the charge in the indictment, whatever the evi- dence might be." The division of a jury under such circum- stances showed with what skill and power Carpenter con- ducted the defense. Booth has written that Carpenter received no fee for his valuable services in defending that celebrated persecution, " except the plaudits of the public and the lucrative professional business it afterward brought him." MURDER OF FATHER RICHMOND. With perhaps a single exception. Carpenter entertained a deeper regard for Father James Cook Richmond than for any other man of God he ever knew. When, therefore, in July, 1866, news reached him that Father Richmond had been brutally murdered by two of his man-servants, while engaged on his farm in Dutchess county, New York, he was unspeakably shocked, and determined at once to make every contribution in his power toward bringing the guilty wretches to the utmost punishment of the law. He learned by corre- spondence that the murderers would be arraigned at the next session of the court, and when the oyer and terminer calendar for Dutchess county was reached, in December, pre- sented himself before Allard Anthony, the district attorney, MURDIvR OF FATHER RICHMOND. IO5 and offered to aid in the prosecution. Not knowing Carpen- ter, the district attorney had declined the first ofler, but on being informed by the presiding judge, Jasper W. Gilbert, of the eminence of the volunteer, Mr. Anthony quickly changed his mind, and received Carpenter with great cour- tesy. The prisoners' counsel made a strong attempt to prej- udice the jury by alleging that Carpenter, by his long journey and free services, showed that he was seeking re- venge, not justice. Carpenter made the closing argument. There is no record of what he said, but, according to the judgment of those who listened to him, it must have been a great elTort. His heart was in the task, and he was then, at forty-two years of age, in the pride and prime of mental and physical existence. What efifect the charge that he was a mere avenger had upon the jury may be left to the reader, for a verdict of murder in the first degree vyas returned within twenty minutes. The sentence of the court was death by hanging, to be carried into effect on January 25, 1867; but through the instrumentalities of an appeal and a plea of guilty of manslaughter, the prisoners escaped the death penalty, though one committed self-destruction. Judge Gilbert, in a letter dated at Brooklyn, N. Y., Decem- ber 20, 1882,^ says: My recollection of the trial of Lewis will always remain fresh. Mr. Carpenter conducted the prosecution and made the concluding address. He exhibited uncommon skill in the examination of witnesses, and rare ability in the argument of the legal questions which arose during the trial. His summing up of the evidence was never excelled within the view of my experience. It was impassioned, but truly eloquent; strong in argument, convincing in its array of facts and in the disclosure of the intent which actuated the prisoner. But it was, nevertheless, free from all invective and harshness of expression. I look back to Mr. Carpenter's part in that case as one of the most conspicuous in the annals of criminal jurisprudence. He was certainly one of the most remarkable attorneys that ever appeared before me. Judge Gilbert is and was a good Presbyterian, and when Carpenter had concluded the argument, very naturally called 1 At this time he was a judge of the supreme court of New York. I06 LIFE OF CARPENTER. down to him: "I presume, Mr. Carpenter, you were a member of Father Richmond's church." "No," was the instant reply, "I take my religion by the curtesy." The average layman will not, perhaps, at first discover the wit of this, but to all lawyers it must be a delicate relish. TEST-OATH CASES. A circumstance that brought a large amount of lucrative business from the south was Carpenter's argument of what are known as the " Test-oath " cases. Augustus H. Gar- land, of Arkansas, since governor and United States sen- ator, appeared in Washington soon after the close of the war, in 1865, and filed his application for permission to practice before the supreme court. He had been regularly admitted in i860, and having subsequently taken part in the Rebellion as a confederate, was disbarred from further appearance before federal courts by the act of congress of January, 1865, which declared that no person should be admitted to practice as an attorney in any federal court unless he had taken the oath prescribed in the act of July 2, 1862. He filed an apphcation for permission to proceed with his prac- tice without taking that oath, w^iich required every appli- cant to swear that he had not given aid, countenance or counsel to persons engaged in hostility to the government; that he had not sought, accepted or exercised the functions of any office in the confederate service, and that he had yielded no allegiance or support to any power, government or pre- tended power, government or constitution inimical to the fed- eral Union. Garland and hundreds of other lawyers in the south could not subscribe to this oath; therefore the law of 1865, if held valid and constitutional, would prevent them from practicing in the various federal courts and in the supreme court. Garland's case was made a test for the entire south- ern bar. Reverdy Johnson had volunteered to support the TEST-OATH CASES. IO7 application, but the southern bar, originally advised so to do, engaged Carpenter to appear as regular counsel. He held that exclusion from the practice of the law in fed- eral courts for past conduct was punishment for such con- duct; that the act of 1865, being of such a character, was in the nature of a bill of pains and penalties, and subject to the constitutional inhibition against bills of attainder; that such exclusion acted as a punishment for ofTenses which were not so punishable at the time they were committed, and was therefore an ex fost facto law; that attorneys are not federal but judicial officers, admitted at the pleasure of the court, and disbarred only for misconduct ascertained and declared in judgment form after an opportunity to be heard has been atibrded. He also held that if the act of 1865 were other- wise valid, Garland, having been granted by President John- son full pardon and general amnesty, the law could not set aside and annul that pardon and disbar him from practice, for the generally accepted reason that executive clemency makes the recipient of it a new man — returns to him all the privileges and immunities he had theretofore enjoyed. The opinion of the court, delivered by Justice Stephen J. Field, atlirmed as valid the propositions submitted by Car- penter and supported by Reverdy Johnson, and Garland at once proceeded with his practice without subscribing to the test-oath. The balance of the southern bar was, of course, allowed to follow him into the federal courts. I08 LIFE OF CARPENTER. CHAPTER XL THE McCARDLE CASE. As an exploration upon an unknown sea, the greatest case ever argued by Carpenter or any other attorney before the United States supreme court, was that of " Ex f arte Wm. H. McCardle." One of the reconstruction acts of March 7, 1867, provided for the division of the states lately in rebel- lion into military districts, to be governed by officers of the army not less than brigadier-generals, who should protect life and property, preserve the peace and punish all offend- ers. One Wm. H. McCardle, of Mississippi, in his news- paper, libeled the federal officials, incited disobedience to the acts of congress and to the authority of the military com- manders. For this he was imprisoned by the order of General Ord to await trial by a military commission. A writ of habeas cor-piis was obtained for his release, which was argued before the United States circuit court for Mississippi. The pris- oner, upon judgment of the court, was remanded to jail. An appeal was taken to the United States supreme court, and as the case involved the constitutionality of the entire series of reconstruction acts of congress, the administration was deeply concerned in the matter. If the reconstruction acts should be declared unconstitu- tional, and McCardle snatched from trial and punishment under them, the ten seceding states would be placed by the highest court on the continent where they had failed to place themselves by four 3^ears of the most terrific warfare the world had ever seen. Edwin M. Stanton, the great secre- tary of war whom Andrew Johnson could not remove, and U. S. Grant, lieutenant-general of the armies, were in a state of extreme trepidation lest the genius and power of Jeremiah S. Black, who had been engaged by McCardle, should carry THE m'cARDLE case. IO9 the case throiioh to a result disastrous to the Union. Car- penter had at this time achieved wide distinction as an able and earnest supporter of the war and the reconstruction measures of congress, and was, with the advice and con- sent of others, engaged by Stanton to argue the cause jointly with Lyman Trumbull. He went to Washington in February, and, occupying Stanton's rooms, remained there until his argument was complete. On March 2, 1868, Trumbull argued a motion to dismiss the appeal for want of jurisdiction. The motion was denied. Judge Black then argued in favor of McCardle's discharge, urging the unconstitutionality of the laws under which Mis- sissippi was being governed and reconstructed. On March 3d and 4th Carpenter made his now world-famous argu- ment^ in opposition, affirming the validity of all the recon- struction laws and the legality of all rightful acts under them, and holding that McCardle must be, as he had been by the circuit court, remanded to jail. This effort, which had the attention of the entire public north and south, occupied the advertence of the court during two days, and in print comprised about one hundred octavo pages. He opened in this solemn and sonorous strain: This is the first time in the history of the world that a bench of judges has been invoked to redress the wrongs, real or imaginary, of eleven mill- ions of people, and to establish the authority of ten pretending govern- ments. Such controversies have been decided by force, not by reason; in the field, not in the courts. Waterloo determined the fate of Napoleon, and he went in sullen silence to his ocean rock, never dreaming of the habeas 1 The following letter to his wife discloses how Carpenter viewed the efl'ect of his reasoning: Tuesday, March 3. 1S6S. Dkar Girl: — Yours of 27th received, and I am greatly relieved, as I was beginning to be anxious, it had been so long since I heard from you. I spoke two and one-half hours to-day and did as well as I expected or hoped to do. I am praised nearly to death. I had more than half the sen- ate for an audience. Miller's face was " as the face of an angel," radiant with light and joy; Davis and Field looked troubled; Nelson, ClitVord and Grier dead against mo. But I shook them up and rattled their dry bones. Kiss the pets, and believe me, always the same. Matt. no LIFE OF CARPENTER. corpus. No lawyer can argue, no judge decide this cause without a painful sense of responsibility. Its consequences will be upon us and upon our children ; and generations yet unborn will rejoice or mourn over the prin- ciples to be here established. This court has been told, not for the first time, that it is the great con- servative department of the government; that if it does not keep constant vigil over the other departments, they will rush, as would the planets with- out the law of gravitation, into " hopeless and headlong ruin." There is nothing within the circle of human emotions, unless it be the pleasure with which a lover praises the real or imaginary charms of his mistress, at all to be compared to the delight experienced by a lawyer in glorifying a court. It results from our studies and our training that we entertain the utmost reverence for those who must declare what the law is. Within proper bounds this disposition is commendable; but the bar, in a free country, often have higher duties to perform; and this adulation of the judges may be carried to excess. The judges of this court, like the apostles of our Lord, are men of like passions and infirmities with other men. The bar stands in much the same relation to the court that the prophets held to the ruling powers of the ancient dispensation. It is our duty, when occasions require, to admonish and warn, and that, too, ivhefhcr courts tvill listen, or ivhcther they ivill refrain. There are times when general truths should have personal application ; times when a prophet in Israel must say to a king of Israel, " Thou art the man." But to do this, he should de a prophet, not a mere technical Levite. He sho.ild stand among his brethren like Saul in the multitude, head and shoulders above them all. The man to speak thus t) this court should have the mien and the manner of a prophet; his hair whiter than milk, streaming down his shoulders. He should be as old as the apostles would have been had they lived to read McCardle's newspaper. With no qualification to perform this duty, except that I have read McCardle's newspaper, the task is before me; and it will be my aim to show, while conceding that this court is a very grave body, that it does not furnish the law of gravitation either to the material universe or to our po- litical system. Judge Black had engaged himself principally in lauding the court, in disparaging the militar}' tribunals acting under the reconstruction laws, and in proclaiming that the President, congress, the departments, and almost everything else, re- volved around, and was governed by, the supreme court. This sophistry and adulation called out the closing sentence in the foregoing extract from Carpenter's speech. He held that the supreme court, instead of being above and over all, was not even co-ordinate with congress, but was, in every ' THE M CARDLE CASE. Ill sense not conflicting with the constitution, to be governed by the legislation of that bod}-. The court could not organize and re-organize congress, but congress could organize and re-organize the United States supreme court. In combating Black's argument tliat the court should overturn all the mil- itary districts and tribunals in the states lately in rebellion, Carpenter declared: The truth is, all these arguments rest upon doctrines repugnant to the first principles of our political faith; and, should they prove successful, the ultimate control over political subjects will pass finally and forever from the people. Instead of congress, subject to constant popular control, we shall have a tribunal of judges totally independent of the people. No prophet need come from his grave to tell us that such a government would not comport with the national genius or long continue. It is immaterial in what_/b;-;« this power is exercised, or by what name it is called. When ten men can decide such a question, and the people can not turn them out of office if they decide erroneously, without a revolution, then it is certain that the supreme power has passed from the millions to the ten. Augustus assumed, consolidated and exercised all the powers of a despotism through the forms and in the name of a republic. And, in the case supposed, this government would not be the less an oligarchy because the ten ruling mag- istrates were called judges, instead of dukes or princes. That our government has stood thus long, that the decisions of this court are respected and submitted to by all parties and by all men, is owing to the fact that it has, at all times, most scrupulously confined itself to its proper province, and refused to embark in political discussions for party ends. Its aid has often been sought by politicians. It has uniformly been denied, as I shall have occasion to show hereafter. The success of all free govern- ment depends upon a religious observance of this division of powers. When this court decides a cause, no matter how erroneous congress or the Presi- dent may think the decision, congress is powerless to grant re-argument or new trial; and if the President does not see the judgment executed, an impeachment will sweep him away as a " cumberer of the ground." When the President grants a pardon, no matter what congress or this court may think of the propriety of the act, both are bound by it. When congress determines any political matter, never so erroneously in the opinion ot this court or the President, its action is final and conclusive. It is far better that individual instances of injustice committed by cither dep.irtmcnt should go unredressed than that the liberties of all should be swallowed up. The rule is general that a discretion committed to one authority is not to be reviewed by another. No principle has been more repeatedly and emphatically de- clared by this court. 112 LIFE OF CARPENTER. On the second day, with the most distinguished men in the nation about him, listening with heart and soul to the flood of his argument for the Union, Carpenter, after quot- ing the opinion of Chief Justice Taney in Ableman vs. Booth,^ closed by enunciating this immortal doctrine: I am aware that this line of argument is not fashionable. This govern- ment, from the first, has held the language of a supplicant to the south. Much that was due to the insulted majesty of the nation was concealed from anxiety to win home deluded brethren. We entered the south with the pretended purpose of looking for our postofficts and our forts, our arsenals and our custom-houses — property for which we had paid our money, and evidences of our title to which were deposited in our safe. We went in sorrow, not in anger; remonstrating, not threatening; beseeching, not commanding; and as often as we would have gathered her people into our fold, and extended to them our fellowship and protection, they mould not. Our overtures for peace were met with war, bitter and relentless — war to the knife, and war to the end — until the land was dotted over with fresh-laid graves "on every high hill and beneath every green tree." Had the conciliatory measures of the government accomplished the pur- pose without the shedding of biood, that would have been some compensa- tion. Were the rebel states even now willing to take their place in the Union under the reasonable regulations provided by congress, it might be wisdom to forget, as soon as possible, the dreadful past. It", instead of this, however, these states come into this court charging oppression and tyranny upon the most indulgent government that ever existed on earth; if, instead of confessing their fault, they come here to contest and wrangle; come here claiming immunity from punishment while resisting and thwarting the purposes of congress; if they will drive on a discussion of this question, then it must be discussed. And if the result shall tend to remind the peo- ple of the north that they have conquered the rebels of the south; and if it shall provoke the government to speak with its sovereign voice; if meanwhile reconstruction in the south stands still, and her people have to submit to military lule; if her fair fields remain desolate, her trade and commerce languish, her industry be not employed, or fail of its reward, she can not say -we did it. Unpleasant as it may be to review the history of the last six years, or dwell upon the wickedness of this Rebellion, in no other way can we prop- erly consider, or correctly determine, upon the existing state of things. Counsel have done well for their clients by ignoring secession, rebellion and war. They have argued this case as though Mississippi were as inno- cent as Massachu-;etts, and had been as faithful to her constitutional duty ; 1 21 of Howard's Reports. THE M CARDLE CASE. II3 and when compelled, now and then, to allude to the fact that war has existed, they have changed the subject as soon as possible, and besought tliis court to relieve those they represent from the just consequences of their folly and crime. They admit that, durinsf the war, the United States could overthrow and demolish the rebel governments; but they insist that the surrender of Lee and Johnston entitled those governments, or any which the people of those states might establish, to full communion as states of the Union. I remember to have heard a clergyman dealing in bold rhetoric, in view of the fact that the Son of Man might have called legions of angels to defend him, yet submitted to be crucified bv his ene- mies, exclaim, "Jesus overcame the world by submitting to the world." The argument of our opponents reverses the proposition, and maintains that we lost all control over the south by conquering the south. All admit that the governnit^nt which existed de. facto in Mississippi, the day before the surrender of Lee and Johnston, was subject to the absolute will of the nation. We might have crushed it beneath the iron heel of war. But it is preposterous for counsel to say that by conquering the rebel armies, the only power which could sustain that government, and by effecting complete conquest of the south — its territory, its people, and its rebel governments — congress lost the right even to make a respectful request in regard to the results of our victory; and that the consequences of this fearful Rebellion, which for four years shook the continent, are to be "trammeled up" by the rules of special pleading, upon a bill in equity. When Carpenter finished his speech, Stanton clasped him in his arms, and, with tears in his eyes, exclaimed fervently: "Carpenter, you have saved us!" ^ The court held the matter under advisement, and on March 27th, of that year, congress repealed the act of March, 1867, under which McCardle was enabled to appeal 1 When Carpenter was ready to return to Wisconsin, he received this letter: War Department, Washington, April 7, 186S. My Dear Sir : — In taking leave of you, I can not forbear expressing my very great satisfaction with the able and successful services you have ren- dered the government in the important cases committed to your charge in the supreme court of the United States. The personal intercourse between us, occasioned by your relation to those cases, has impressed me not only with a high appreciation of your profes- sional attainments and ability, but has been to me a very great pleasure. Wishing you every success and fortune in life, and desirous to contribute to the same whenever opportunity may offer, I am, with sincere regard, your friend. Edwin M. Stanton. To Matt. H. Carpenter 8 114 "LIFE OF CARPENTER. to the United States supreme court. Carpenter and Trum- bull then appeared and argued that the court, having lost jurisdiction of the case, must drop it, and McCardle must return to jail. Chief Justice Salmon P. Chase delivered the opinion of the court sustaining that view of the matter. Carpenter's part in this critical cause gave him an enviable name. He was praised everywhere, and, what is extremely uncommon, received in person high tributes from the bench itself. Before the argument was made, Stanton desired its text submitted to Wm. M. Meredith, one of the greatest lawyers in Pennsylvania. Not in the least offended, Carpenter started for Philadelphia, to comply with the unusual request. He entered Meredith's presence greatly embarrassed, and began reading the argument, expecting to be frequently and sharply interrupted. Pleasantly surprised, he continued the reading to the end, thus occupying several hours, without a single inter- ruption or question. When he had finished, Meredith in- quired: "Mr. Carpenter, how old are you?" The reply was, "Forty-three last December." With evident surprise and admiration, Meredith took his visitor by the hand, say- ing: "That is a remarkable production, and you must be a remarkable man. I have no suggestions to make in regard to it." Shortly after, Stanton received a letter from Meredith, congratulating the government on the good fortune of having secured such able counsel, and declaring he " could not add one word to Carpenter's argument and would not take one from it." But a few months elapsed before Carpenter was being urged as a candidate for the United States senate. His enemies then alleged that the argument in the McCardle case was not his own, but Reverdy Johnson's. This libel was at once settled by an unequivocal denial from Johnson. Probably no graver constitutional questions were ever presented before the United States supreme court than those involved in the McCardle matter. Carpenter's brief is often THE m'cARDLE case. II5 referred to as one of the masterpieces in forensic literature; and it is not less than remarkable that the positions arguecj by him constituted the very grounds upon which the recon- struction measures enacted by congress were founded, an4 the states related back to their places in the federal Union. " It is not often," Judge MacArthur says, " that a mere law- yer has the good fortune to mold and re-instate the jurispru- dence of his country. Erskine, when he vindicated and saved freedom of speech in the Stockdale trials, for the bene- fit of all English-speaking people; Hamilton, when in a single eflfort he re-established the true doctrine of libel; and Carpenter, when he enforced the principles upon which the national Union must ever repose for its safety, had that great good fortune." Nothing can be so fitting to close this chapter as the fol- lowing letter to his wife, written while Carpenter was occu- pying rooms in the war department: February 24, 1S68. My Dear Cara: — I have been in such a fearful whirl for five or six days that I could not find timi to write you. I got my "big" brief into the hands of the government printer this morning. Stanton has ordered one thousand copies to be printed, so I shall be able to send you one, prob- ably. Stanton sent for me this inorning and said to me: "You may as well unders'and that you are in for the whole fight. Take a room in the de- partment and be at home." He then delivered me the key to No 29, which is an elegant office, occupied by the solicitor of the war department until that office was abolished, at the close of the war. It is only four doors from the secretary's office, and one of the finest apartments in the building. After giving me the key he gave me a check for five thousand dollars as a retainer. What will come of all this fight I can not predict. The house will to- dav, at five P. M., vote the impeachment, and the chances are that the sen- ate will convict. If this programme sliall be carried fully into execution, Stanton will be firmly seated in the department, and I shall have a chance in all the big cases that come up. But however it ma^- termm;ite, I shall not be affiictcd injuriouslv; that is, whatever comes of it, the fact of mv retainer in this matter, if I can onlv manage to make a good arguinent in the McCardle case a week from to- day, will be a big thing for me professionally. I went by Stanton's direc- Il6 LIFE OF CARPENTER. tion to Philadelphia last week to confer with Mr. Meredith, who, he says, is the biggest lawyer he ever knew. I read my brief to him, and he said he had not a single suggestion to make — it was unanswerable on every point That pleased Stanton as much as it did me, which, I confess, was considerable. Kiss the babies, the darlings. How I do want to see them ; how much I would give to drop in an hour only and kiss you all and hear the boy call "da-da." Farewell, my darlings ; God bless you all. Your loving Matt. TRIAL. OF W. W. BELKNAP. Il7 CHAPTER XII. TRIAL OF W. W. BELKNAP. A State trial that attracted rapt attention throughout the American republic was that of Wm. W. Belknap, President Grant's secretary of war. In March, 1876, the judiciary committee of the house of representatives brought in articles of impeachment against Belknap for " high crimes and mis- demeanors." The senate, which hears all impeachments, allowed the filing of the articles and fixed a day for the trial by the " managers " appointed by the house.^ The senate convened for the hearing on April 4, 1876, Belknap appearing with his counsel, Matt. H. Carpenter, Jeremiah S. Black and Montgomery Blair. Carpenter at once submitted that his client was merely a private citizen, having resigned the office of secretary of war on March 2, 1876, and the senate, sitting as a c#irt of impeachment, there- fore had no jurisdiction. He filed an affidavit to this effect, in which was the additional averment that the resignation was accepted on the day it was sent in. The question of jurisdiction was argued at length, but finally decided ad- versely to Belknap. Carpenter then asked that the trial be postponed until December — until after the heat and acrimony of the pending presidential campaign had subsided. In argu- ing he said: On the 6th day of April, 1876, we find my client is pleading that his trial may be postponed until there will be no political occasion for convicting him, and when there will be nothing but the ends of justice to answer; and on the 6th day of April, 1S62, at about the same hour, General Belknap was in the forefront of the line of Union troops who made their last stand and rolled back the confederate forces on the bloody field of Shiloh. 1 Scott Lord, of New York; J. Proctor Knott, of Kentucky ; William P. Lynde, of Wisconsin; J. A. McMahon, of Ohio; G. A. Jenks, of Pennsyl- vania; E. G. Lapham, of New York, and George F. Hoar, of Massachu- setts. m LIFE OF CARPENTER. This brought forth applause which the presiding officer could not suppress. Both political parties were anxiously seeking a shibboleth for the pending campaign, and expect- ing to wring one from the ruins of private reputations by this trial. The senate refused to grant any adjournment. Carpenter then argued on the jurisdiction of the senate over a private citizen, saying if Belknap could be tried for any act done in an office formerly held by him, Andrew Jackson might, tinder the same principle, be impeached in his grave for arresting a federal judge during the siege of New Or- leans. In the course of the argument he quoted from the remarks made by several sitting senators at the trial of Wm. Blount, of Tennessee, in which they declared that " only civil officers could be impeached." Belknap, having re- signed, was not a civil officer; but many senators did not propose to grant the respondent any particular rights or privileges, nor proceed against him under accepted rules of practice, if thereby they could gain any advantage for their respective partisan campaigns. Carpenter thus referred to one of their lawless propositions: The honorable manager [Mr. Lord] claims this court is exempt from adherence to rules of pleading and the methods of judicial tribunals, and that in reaching its conclusions it may proceed with the freedom of the Avind, " which bloweth where it listeth." So is a mob on the Rocky moun- tains administering lynch-law upon a supposed murderer exeinpt from such rules and methods, and the mob could as fairly pretend to be exercising judicial power as could this august tribunal while denying the principles and overstepping the limits of the law. On the following day Carpenter's motion to vacate the order overruling the plea of abatement, or want of jurisdic- tion, was filed by Judge Black, and argued upon the ground that it was entered upon a mere majority vote, whereas it should have been supported by two-thirds of the senators. The motion was denied, and Belknap was ordered to plead further to the exhibit of impeachment. Carpenter, who was ill during the entire trial — which lasted nearly four months — at one time necessitating an adjournment TRIAL OF W. \V. BELKNAP. II9 upon an affidavit of total disability by Dr. Bliss, carried the burden of defense, conducted the examination of witnesses and kept the run of the testimony. Not only this, but the closing argument for the defense, the principal one of the trial, was intrusted to hirii. That argument, which was begun on Wednesday, July 25, occupied two days, and was deli\ered from the seat formerly occupied by him as a senator. It was an entertaining etlbrt, covering all the great state trials of civilized history. In spite of threatened imprisonment of the audience for disturbance, he was frequently interrupted by applause. In justification of his argument for a rehearing, to which some of the senators had objected, he quoted the highest authority in the universe, thus, receiving the marked approbation of the populace: It was after Aaron had directed the people to mold a golden calf, and the people risinij in the morning had offered bofbre it holocausts and peace- victims, and, after sitting down to eat and drink, had risen up to play : " And tiie Lord said unto Moses, Go, get thee down." Moses had been presenting the case of Israel, and the Lord had heard enough of it. "Co, get thee down; for thy people, which thou broughtest out of the land of Egvpt, have corrupted themselves; "8. They have turned aside quickly out of the way which I commanded ♦ them; they have made them a molten calf, and have worshiped it, and have sacrificed thereunto, and said. These be thy gods, O Israel, which have brought thee up out of the land of Egypt. "9. And the Lord said unto Moses, I have seen this people, and, be- hold, it is a stifl'-necked people : " 10. Now therefore let vie alone, that my wrath may wax hot against them, and that I may consume them : and I will make of thee a great nation." But Moses persisted! "II. And Moses besought the Lord his God, and said: Lord, why doth thy wrath wax hot against thy people, which thou hast brought forth out of the land of Egypt with great power, and with a mighty hand? " 12. Wherefore should the Elgyptians speak and say, For niiscliirf did he bring them out, to slay them in the mountains, and to consume them from the face of the earth.' Turn from thy fierce wrath, and repent of this evil against thy people. " 13. Remember Abraham, Isaac, and Israel, thy servants, to whom thou I20 LIFE OF CARPENTER. swarest by thine own self, and saidst unto them, I will multiply your seed as the stars of heaven, and all this land that I have spoken of will I give unto your seed, and they shall inherit it forever. " 14. And the Lord repented of the evil which he thought to do unto his people." Thus it appears that the judgment of the Almighty was reconsidered, and upon the re-argument of Moses was reversed. Carpenter and his counsel had a task of great delicacy, for Belknap had ordered them not to bring his wife into the case in any manner whatever, but to defend him as though he were guilty. Belknap was charged with receiving as pay- ment for their appointments, money from those (C. P. Marsh and John S. Evans) to whom he had given post-traderships. The theory of the defense was that Mrs. Belknap influenced her husband to make the appointment, and Marsh made a present of money to her therefor without Belknap's knowl- edge, without exercising any influence over him, and without evil intent. In referring to what grew out of this, Carpenter said: Considering this branch of the case, I think it sheds light upon other parts of the testimony and contributes greatly to support the theory of the respondent's innocence. It certainly affords no evidence of guilt, but sug- gests one great moral lesson which I state for the benefit of the ladies in the gallery: sweethearts and wives, never keep a secret from your lovers and husbands. • While making reference to the peculiar anomalies of poli- tics he roused the galleries with this startling contrast: The part the respondent bore during the war, is recorded history. Upon a former occasion I referred to the coincidence that the articles of impeach- ment were served upon him on the anniversary of the battle of Shiloh, and at the very hour of the day when, under the eye of General Grant, he moved into the line which made a successful stand against the fierce on- slaught of General Beauregard and turned the tide of battle in favor of the Union. This was the first time the great commander ever saw Belknap. General Grant never can forget the men whose bravery in the war for the Union attracted his attention. That day's work made Belknap secretary of war. And, as though to keep this matter fresh in the mind of the senate, on Friday, July 7 (see Congressiomd Record)^ the proceedings of this court ■were suspended to pass a bill removing General Beauregard's political dis- TRIAL OF \V. W. BELKNAP. 121 abilities; and then the court resumed its proceedings to determine whether it should impose political disabilities upon General Belknap. The brief summing up of the evidence in that memorable case and the linal plea by Carpenter must be perpetuated here : Evans has testified most positively that he never paid the secretary, di- rectly or indirectly, a cent for his appointment. That the contract he made with Marsh he understood to be a business transaction between himself and Marsh; and that he did not understand, when he entered into the contract, that the secretary had or was to have the slightest interest in it. This positive, uncontradicted and unquestioned testimony of Evans re- duces the case to this single question: Was there such arrangement, under- standing and agreement between the secretary and Marsh.' — and let me repeat. Marsh is the chief witness of the prosecution, without whose testi- mony there is no case; and reminding you ot the legal maxim in relation to witnesses, canonized by ages of judicial experience: F'a/sus in uuo, /alsus in omnibus, let me turn to the Record and read you the questions I put to Mr. Marsh and the answers he gave : " Question. Was there any agreement on your part to pay Mr. Belknap any money in consideration that he would appoint you post-trader at Fort Sill? "Answer. There was not. "Q. (By Mr. Carpenter.) At any time.' "A. At any time. " Q. Was there ever any agreement between you and Mr. Belknap that you should pay him any pecuniary consideration for or in consideration of his appointing Mr. Evans post-trader at Fort Sill.'' " A. There was not. "Q. Was there ever any agreement between you and Mr. Belknap that you would pay him any money or other valuable consideration in consider- ation of his continuing Mr. Evans as post-trader at Fort Sill.' "A. Never. "Q. So far as you know, was not tlie only inducement leading to that ap- pointment the kindness which you and your wife had shown to Mrs. Bel- knap at your house.' " A. That certainly had a great deal to do with it, I presume. *'Q. Did you make, or claim to have, any bill against him for anything done for Mrs. Belknap? " A. No, sir. " Q. Your treatment of her was entirely gratuitous? "A. Yes, sir. "Q. But of course led to a feeling of friendship between the families? "A. Yes, sir. 122 LIFE OF CARPENTER. " Q. You say that the friendship which arose from the fact that Mrs. Belknap had been sick at vour. house, and been kindly treated, had a great deal to do with that appointment; was there, apart from that friendly feel- ing, any consideration moving from you to Belknap to procure that ap- pointment? "A. None." If this testimony is true, it ends this case. If not true, it is wilfully and corruptly false. Marsh must know whether there was or not any agree- ment in this behalf between the respondent and himself, and it is well- settled law, that, if a jury believe that a witness has committed wilful perjury in one part of his testimony, they are at liberty to disregard his tes- timony altogether. Now, senators, let me appeal to you, upon your honor and your con- science — for that is where the cas.e must rest — whether in a case like this, where every supposed criminating circumstance is fully explained, and every ground for suspicion is entirely removed; and where the only direct testimony, and that, too, from the chief prosecuting witness, fully and fairly and absolutely contradicts all prLSumption of criminality, you can convict this respondent. Upon what can a conviction rest.^ Every circumstance relied upon for inference of cnminality fully explained, every ground of suspicion removed, the only direct evidence in the case completely acquit- ting the respondent of any ciuminal intent, corrupt agreement or purpose, how are you to find him guilty.'' You are sworn to judge this matter impartially and according to law. You can not fall back upon misguided public opinion, nor upon the clamor of the press. No matter what the people believe, no matter what the press declares — what does the proof establish.'' For your judgment in this ca-e you must answer, not to editors, not to the excited and misled people, but to God, who is truth itself. * * * Is it possible that in 1S76 a citizen before the highest tribunal in the land is to be convicted of a crime which rests in intent, when no circumstantial testimony worth a fig bears upon it, and when the only witnesses who have any positive knowledge or can give any direct testimony, swear to his per- fect innocence.' Eighteen hundred and seventy- six, the centennial year in the life of a great nation, its highest tribunal in session, exercising the most awful jurisdiction ot the government; trying a citizen who has filled sta- tions of high trust, and rendered gallant service in the field ; and he de- manding justice — justice, that a peasant may demand from a king — justice, that any court of laAv would award to tlie lowest miscreant — is justice to be denied to him because the exigencies of a political campaign demand his conviction.'' When this was uttered, in clarion voice and with stirring effect, Carpenter stood half-way down the centre aisle of the senate chamber, every eye riveted upon his splendid figure TRIAL OF W. W. BELKNAP. 1 23 and every ear strained to catch his lightest Avord. Suddenly- stopping for an instant, he strode directly to the front desk in a startling and impressive manner, and pointing his finger at acting Vice President Ferry, finished the sentence : " No, Mr. President, this senate will not yield to such a considera- tion, will not fix such a blot upon our national escutcheon! " That scene will never be forgotten by those who saw it — a drama tragic and effective beyond description. It must have recalled vividly to every auditor that prodigious denoue- ment in the trial of the dean of St. Asaph, where Erskine stands, like a tiger at bay, between the threats of a perverse and wicked court and the equitable rights of his client. The gifted pen of the late John W. Forney left a word- painting of the occasion: Carpenter's appearance on the scene was characteristic of the man. Strikingly handsome, he was the central figure in one of the rarely im- pressive incidents of the upper chamber. He had the full, open face of Beecher, with a head of abnormal massiveness. His eyes, a liquid blue, beamed with an irrepressible merriment. His hair, tinged with grav, fell in a loose fringe to the base of the brain, relieving him of any appearance of mere foppishness. His voice was a combination of the flute and nightin- gale. He might have talked commonplace and held an audience en- chanted the livelong day. His speech was a mingling of biting wit, exu- berant fancy and unerring logic. Speech inebriated him. He ro.se and rose to higher flights of fancy, missing no detail, daunted by no figure, no matter how complex, and never losing the sequence, no matter how com- plicated the parentheses. It was by his consummate cleverness that the senate took courage to dismiss the impeachment. On July 31st the final vote in the senate was had, each senator, on his feet, voting orally on all of the five articles and seventeen specifications of the exhibit separately, and on that day a judgment of acquittal was entered. Among those who voted not guilty were T. O. Howe and -Angus Cam- eron, senators from Wisconsin. General Belknap has always been of the opinion that his acquittal, during a period of bitter partisan feeling and in- tense political excitement, when Abraham was willing to offer up Isaac to appease the cry of corruption, was due largely, 124 ^^^-^ ^^ CARPENTER. if not wholly, to the personal influence of Carpenter and the powerful manner in which he presented the case. The weather was destructively hot during the progress of the trial, and Carpenter was not in good health even when spring opened. The burden of the case, which he fought against the combined ability, adroitness and determination of both houses of congress, was put upon him, both as to the law and the facts, and when his client received a verdict of acquittal he was so worn and prostrated that weeks passed before he fully recovered from the effects of the effort. When the exhibit of impeachment was made, Belknap consulted privately with Justice Miller as to who should be engaged as counsel. " Matt. Carpenter and Judge Black," was Miller's reply; "the best lawyers in America." THB ELECTORAL. COMMISSION* 12$ CHAPTER Xm. THE ELECTORAL COMMISSION. Previous to the arrival of the day fixed for counting the electoral votes claimed to have been cast in 1876 for R. B. Hayes and S. J. Tilden, the opposing candidates for Presi- dent, it had been ascertained there would be a contest as to one elector in Wisconsin and all the electors in Florida, Louisiana, Oregon and South Carolina. As the loss of one of the one hundred and eighty-five votes claimed for Hayes would give the Presidency to Tilden, the public was natu- rally led into some excitement by this dispute. The country was aroused from ocean to ocean, and civil war was appre- hended. In order to settle the question without strife or disturb- ance, the electoral commission was organized by act of con- gress, approved January 29, 1877. It consisted of five sen- ators — Geo. F. Edmunds, Fred. T. Frelinghuysen, Oliver P. Morton, Allen G. Thurman* and Thomas F. Bayard;* five representatives — Henry B. Payne,' Eppa Hunton,' Geo. F. Hoar, James A. Garfield and Josiah G. Abbott,' and five associate justices of the United States supreme court — Nathan Cliflbrd,' W. Strong, Joseph P. Bradley, Sam. F. Miller and Stephen J. Field.' The commission had all the authority of both houses or either house of congress as to taking testimony and admit- ting evidence, and was, under its own rules, to enter upon an investigation whenever more than one set of returns should be received from any state, and was to make a report of its decision to congress. But that decision was not to de- prive the defeated candidate of the right to try the title of his opponent, under quo -warranto proceedings, to the office of President. 1 Democrats. 126 LIFE OF CARPENTER. The opposing candidates were permitted to be represented by counsel before the commission. Wm. H. Barnum, chair- man of the democratic national committee, went quickly to Carpenter and asked if he was willing to be retained to argue the Lousiana feature of Tilden's case for a fee of $10,000. Before giving a definite answer to Barnum he was approached by Zach. Chandler, chairman of the re- publican committee, who inquired whether he would act as counsel for Hayes. Yes, he would; but, telling Chandler of Barnum's proposition, Carpenter stipulated that the arrange- ments between them must be completed on a given day, or he should conclude the republicans did not desire his serv- ices. To this Chandler agreed. However, owing to the excitement of the time and the enormous pressure of polit- ical business, the day fixed passed, and he forgot to keep the promise. The other chairman was more alert and prompt, and the moment the stipulated time expired, paid Carpenter a retainer on behalf of Tilden. Two days later Chandler appeared for the purpose of completing the contract, and was informed by Carpenter that it was too late, he had re- ceived Tilden's retainer. Both felt deeply chagrined over the unfortunate outcome of a little negligence that was wholly natural. Chandler being particularly bitter in denun- ciation of himself. These circumstances were never given out to have their proper effect on the public mind, and Carpenter was brought under a torrent of the severest censure.^ The republican masses, not understanding the scope of professional privi- leges, entertained the erroneous impression that he was 1 When the clamor of the press against Carpenter's professional engage- ments was loudest and most unreasonable, his wife wrote that she was sorry and annoyed, and asked whether he could not engage in causes that would please the newspapers. In his reply occurs this sentence: "While I live and have my health, I must walk the mountain ranges of the profession, swept by the storm of human hate and ]iassion. Neither self-respect nor my love for 3'ou will permit me to seek the obscurity and consequent shelter of deep valleys and smooth meadows." THE ELECTORAL COMMISSION. 1 27 actively engaged, in the fullness of his heart, in an attempt to place the democracy on the throne of power. No amount of explanation could, at that lime, change the public belief. The democrats understood Carpenter's eminence as a consti- tutional lawyer, his perfect grasp of the chaos and wicked- ness of Louisiana politics, and the influence of his arguments upon the members of the supreme court, five of whom were to sit on the commission. They engaged him, therefore, as a lawyer, not as a republican or as a politician. The elect- oral commission was the highest tribunal that ever sat on the American or any other continent, and the matter to be decided by it, that of who was rightfully entitled to stand at the head of the American republic for the ensuing four years, was beyond all the most important of any ever sub- mitted to human judgment for rightful adjudication. The peace and prosperity, and, it seemed to many, the very life and form of government of a powerful nation were at stake. Carpenter felt this in all its force, for he said in opening the argument: I beg your honors to pause a moment and consider the lesson to be taught to the politicians of this country by this day's work. This is no ordinary occasion, no ordinary tribunal, no ordinary cause. An emergency has arisen which has induced congress to create a tribunal never before known in this country ; a tribunal composed of whatever is most distin- guished for integrity, for learning, for judicial and legislative experience, to conduct the nation through a great crisis. Your decision will stand as a land-mark in the history of this country. Therefore, to be selected out of hundreds of able and dis- tinguished jurists to specially argue the most complicated and important branch of the questions involved, that of who had been duly appointed presidential electors in the distracted state of Louisiana, was an honor no ambitious lawver could decline simply because his client chanced to entertain politi- cal tenets not in accord with his own. His friends, also, looked upon it as a professional compliment of the highest character. Anticipating, however, the assaults that migiit 128 LIFE OF CARPENTER. be made upon his political patriotism and integrity, he pref- aced his argument with a plain statement of his position: Permit me to state in the outset why I appear here. It is not because Mr. Tilden was my choice for President; nor is my judgment in this case at all affected by friendship for him as a man, for I have not the honor of a personal acquaintance with him. I voted against him on the 7th of No- vember last, and if this tribunal could order a new election I should vote against him again ; believing as I do that the accession of the democratic party to power at his time would be the greatest calamity that could befall our country except one, and that one greater calamity would be to keep them out by falsehood and fraud. I appear here professionally, to assert, and, if possible, establish the right of ten thousand legal voters of Louisi- ana, who, without accusation or proof, indictment or trial, notice or hear- ing, have been disfranchised by four persons incorporated with perpetual succession under the name and style of " the returning-board of Louisiana." I appear, also, in the interests of the next republican candidate for Presi- dent, whoever he may be, to insist that this tribunal shall settle principles by which, if we carry Wisconsin for him by ten thousand majority, as I hope we may, no canvassing-board, by fraud, or induced by bribery, shall be able to throw the vote of that state against him and against the voice and will of our people. But as the masses generally had no knowledge that Carpen- ter thus explained his political stahis^ nor that he refused to argue in favor of any of the disputed Tilden electors save those from Louisiana, the republicans, of his own state especially, were variously incensed, astonished and sorrowful when it was announced that he had really appeared for the democrats. They seemed wholly unable to separate Car- penter the advocate from Carpenter the distinguished repub- lican citizen and senator, and sincerely felt that the public record of the latter had been contaminated and his party patriotism shaken by the professional engagements of the former. Although such were the conclusions of that strained and tempestuous hour, it will not be the judgment of pos- terity. All will then see that the tender of a retainer in that case was a proud professional triumph, equal to his loftiest achievements as an orator and senator, such a garland to be added to the chaplet of fame as no man could trample beneath THE ELECTORAL COMMISSION. 120 his feet without a sacrifice greater than men are asked or expected to make. In his argument Carpenter held that the act creating the electoral commission was constitutional, and that the tribunal thus created had authority to make all the investigations con- templated. He then showed that, although the Hayes elect- ors in Louisiana were defeated by about eight thousand votes, the returning-board threw out ten thousand, and there- upon declared the Tilden electors defeated by about two thousand votes. This he held to be unconstitutional, as the returning-board had assumed judicial when it only possessed ministerial powers, and, by throwing out their votes, disfran- chised ten thousand citizens of the state of Louisiana, for the alleged but insufficient reason that other voters had commit- ted some crime. Louisiana once enacted a law providing that in case three persons should certify, in a certain manner, that riot, tumult, intimidation or bribery afTected the result at any poll or vot- ing place, the returning-board should investigate the alleged facts, and, if found true, exclude the entire vote of that pre- cinct. Under this law the board acted, though no such sworn statement as its provisions required accompanied any of the returns. Therefore, had the law been constitutional, which Carpenter contended it was not, because nobody can be disfranchised except for crime of which he has been duly convicted, there was no authority for the board to proceed to any investigation or throw out any votes. He also contended that William P. Kellogg, being governor of the state, could not certify to his own election as presidential elector, nor legally hold at the same time, which in fact he did, the two offices of governor and elector; and that Brewster and Levissee, two Hayes electors, could not, without violating section i of article 2 of the constitution, perform the func- tions of their office, because they were both, at the moment of their election, holding offices of profit and trust under the federal government. 9 130 LIFE OF CARPENTER. He argued that the commission could go behind the cer- tificates and the returns and discover these facts, and having ascertained them, overturn the results accomplished in viola- tion of the law. He admitted there had been "murders, maimings and whippings in Louisiana," but declared "these fell upon individuals," and did not form a lawful reason for the disfranchisement of even one voter, much less ten thou- sand. He said: If you shall say of the Hayes electors that although they were defeated by the people by eight thousand majority, and although two of them were forbidden by the constitution of the United States to be electors, and four others were so forbidden by the constitution of the state, yet having been counted in by fraud, and having in fact acted, although in violation of express constitutional provisions state and federal, they were duly appointed, and their votes must be accepted, you will thereby declare that a fraud is as good as a majority. The commission decided by a vote of eight to seven (contrary to Carpenter's argument) that it was not compe- tent under the constitution to go into any evidence aliunde the papers or certificates opened by the president of the sen- ate, to prove that other persons than those certified by the governor of Louisiana had been chosen electors; nor com- petent to prove that any electors so certified held at the time of their election any office of profit or trust under the United States. And so the eight votes of Louisiana, upon the face of the returns sent to the senate, though defeated by the people, were counted for Hayes.' Carpenter became ill while making his argument, from the smoke of the candles in the United States supreme court room, and the commission adjourned over from the evening of February 13th to the morning of Wednesday, February 15th, at his request. He was so thoroughly in the habit of making his exami- nation of every subject from a strictly legal and constitutional stand-point, that frequently he failed to discern party lines. 1 Ey the votes of S. F. Miller, W. Strong, J. P., Bradley, G. F. Edmunds, O. P. Morton, F. T. Frelinghuysen, J. A. Garfield and Geo. F. Hoar. THE ELECTORAL COMMISSION. I3I Always, after he became allied with the republicans, he contented himself with the theory that by this rule he could not often go astray in a party sense, for his party was almost always in the right, as were also the law and the constitution. He was considerably chafed, however, by the clamor his appearance as a mere attorney for Tilden brought from numerous republican sources. He received hundreds of letters from those who did not understand that an attorney , can not, in accepting retainers, be limited any more by party than religious lines, either berating him for "abandoning re- publicanism," as they put it, or expressing sorrow over the injury his course would entail upon the party. He answered those letters, and this, to a well-known gentleman of Colum- bia county, is preserved: Washington, D. C, February' 20, 1877. Mr. G. C. Butterfield: Dear Sir : — Yours of the — th -was duly received. The ink with which it was written was so pale that I found it impossible to read it. It may have been wet in the passage. If it is about anything that you are inter- ested in you will probably write again. The weather here is delightful and the excitement regarding the election is subsiding. Yours truly, Matt. H. Carpenter. Accompanying the bland little note was a bound copy of Carpenter's speech before the electoral commission. A daintier packet of keener sarcasm was never more graciously and courteously sent. 132 LIFE OF CARPENTER. CHAPTER XIV. MISCELLANEOUS CAUSES. One of the suits that occupied Carpenter's attention during a series of years was that of Hasbrouck against the city of Milwaukee for about a quarter of a million dollars on a dredging contract. It was begun in 1859 ^"^ "°^ settled until after the close of the Rebellion. A case of considerable importance, in which his theories were fully confirmed and adopted by the court, was that of John Druecker vs. Edward Salomon. The democrats of Ozaukee county, in Wisconsin, resisted the draft of 1862. They not only drove out W. A. Pors, the draft commis- sioner, but indulged in riot and bloodshed. Upon orders from Washington, Gov. Salomon sent troops to quell the riot and arrest the rioters. Druecker, a leader, was one of those arrested and thrown into prison. Subsequently he brought «suit against the governor for false imprisonment, and Car- penter conducted the defense. The case was tried before Judge Arthur MacArthur, who, in an opinion of some length, in consonance with Carpenter's argument, gave judgment against the rioter. It was the first case of the kind ever brought to final judgment in this country, and Carpenter was therefore a pioneer in searching out and setting forth the principles governing in such matters. MILITARY AND MARTIAL LAWS. In April, 1865, Carpenter wrote an opinion for Brig.-Gen. T. C. H. Smith on " martial law." It was somewhat elaborate, and set forth with indefective clearness the wide difference between martial and military laws, which is not under- stood, on the average, by more than one lawyer in ten. It covered the ground so completely, and so plainly defined the duties of provost-marshals and executors of martial law, that MYRA BRADWELL. 1 33 it was published in pamphlet form and circulated through the south for the enlightenment and guidance of those in command of military districts in the lately rebellious states, and for the benefit of courts and commissions organized or acting under them. It passed as standard authority during the early periods of reconstruction, and was pronounced one of the clearest and ablest expositions of the constitution and the laws concerning those subjects ever given to the public. MYRA BRADWELL. A case that attracted great attention during its pendency, being the first of its kind taken to the United States supreme court after the adoption of the fourteenth amendment, was that of Myra Bradwell, plaintiff in error, vs. The State of Illinois. The supreme court of that state had refused her admission to practice at its bar, upon the ground' that her clients could not enforce any contracts made with her as a married woman. Carpenter took the case for review on a writ of error to the United States supreme court, and argued it before that tribunal at the December term, 1871.' He held that it was not a question of taste, propriety or polite- ness, but of civil right. The argument that clients could not enforce contracts with Mrs. Bradwell, because she was a married woman, he declared was frivolous, as every attor- ney, being an officer of the court, can be, for unprofessional conduct or malpractice, fined, imprisoned, or disbarred, or visited with all three of these punishments. He thus carried his argument: If the legislature may, under pretense of fixing qualifications, declare that no female citizen shall be permitted to practice law, they may as well de- clare that no colored citizen shall practice law. It should be borne in mind that the only provision in the constitution which secures to colored citizens admission to the bar, or pursuit of other ordinary avocations of life, is that " No state shall make or enforce any law which shall abridge the privileges or immunities of a citizen." If this provision does not open the profes- sions, all the avocations, all the methods by which a man may pursue hap- 1 16 Wallace, p. 130. 134 ^^^^ °^ CARPENTER. piness, to the colored aa well as the white, then the legislatures of the states may exclude colored men from all the honorable pursuits of life, and com- pel them to support their existence in a condition of servitude. And if this provision does protect the colored citizen, then it protects every citizen, black or white, male or female. * « * While a legislature may pre- scribe qualifications for entering upon this pursuit of the law, it can not, under the guise of fixing qualifications, exclude a class of citizens from admission to the bar. The legislature may say at what age candidates shall be admitted — may elevate or depress the standard of learning; but a qual- ification to which a whole class of citizens can never attain is not a regula- tion of admission, but it is, as to such citizens, prohibition. * * * I maintain that the fourteenth amendment opens to every citizen of the United States, male or female, black or white, married or single, the honor- able professions, as well as the servile employments of life; and that no citizen can be excluded from any one of them. The broad shield ot the constitution is over them all, and protects each in that measure of success which his or her individual merits may secure. The court, by Justice Miller, held that " No provision of the federal constitution had been violated by the refusal of the court of Illinois to admit Mrs. Bradwell; that the right to practice law is not a privilege or immunity of a citizen of the United States, within the meaning of the fourteenth amendment of the constitution; and that the power of a state to prescribe qualifications for admission to the bar of its courts is unaffected by that amendment." It will be observed that Carpenter admitted the right to prescribe qualifications, but denied the power to prohibit, for extraneous reasons, persons who possessed those prescribed qualifications. Chief Justice Salmon P. Chase dissented from the opinion and the judgment of the court, believing Car- penter's position to be right. THE SLAUGHTER-HOUSE CASES. ! There is no exercise of human authority, in despotic or republican countries, so far-reaching and so almighty as that of the police power of states and municipal corporations. In. the very nature of things it must be more or less undefined and almost absolutely unlimited. Under it the health, safety, morality and good order of communities are secured. This THE SLAUGHTER-HOUSE CASES. T35 was well set forth in the noted " slaughter-house cases " of New Orleans. In 1869 the legislature of Louisiana passed an act incor- porating the " Crescent City Live Stock Landing and Slaughter-house Compan}'-," with exxlusive privilege to main- tain, for twenty-five years, yards, landings and slaughter- houses, in a particular place and no other. The law provided that no cattle or food animals should be landed or slaughtered in New Orleans except in the Crescent City Company's ab- attoir. This compelled all slaughtering, for a certain reason- able fee, to be done on the company's premises, and against it the butchers demurred. Several of them jomed their strength and engaged John A. Campbell, the ablest attorney in the south, and others to bring a suit for the destruction of the " monopoly," as they termed it. The supreme court of Louisiana decided against the butchers and in favor of the validity of the law. An appeal was taken to the United States supreme court by writ of error, and Carpenter was engaged as principal counsel for the state of Louisiana and the Crescent City Company, assisted by Jeremiah S. Black and J. T. Durant. He argued that the act creating the slaughter-house cor- poration was not a violation of the thirteenth or fourteenth amendment, as had been set forth by appellants, and that the- granting of exclusive privileges to a few, properly guarded, when clearly, as in this case, it was for the health, life and comfort of a great community, was a police regulation within the power of state legislatures and beyond the reach of the amendments of the constitution. The matter was the most important of that kind that had reached the supreme court, the attorneys on each side were the ablest in the Union, and the argument was literally a battle of giants. The court, by Justice Miller, in April, 1872, affirmed the decision of the state court, and Carpenter was victorious.' His conduct in this ' At the conclusion of tlie case Carpenter sent to New Orleans the now noted telegram : "The banded butchers are busted. Matt." 136 LIFE OF CARPENTER. case gave him strong prestige in the south, and subsequently several very important professional engagements from that section. THE WHISKY CASES. In 1875 the business of illicit distilling had grown to such enormous proportions that all the knavery of dishonest sub- ordinates in the federal service could no longer hide its exist- ence from the government. Secretary B. H. Bristow at once organized a strong system of prosecution, stiffened and sup- ported by President Grant's famous epigram, "Let no guilty man escape," and caused numerous arrests of the wealthiest men in several communities in Wisconsin, Illinois and Missouri. In Wisconsin the illicit distillers were congre- gated in Milwaukee, and Carpenter was engaged to defend them. This he did with indomitable pertinacity, making in December, 1875, ^" ^^^^ ^^^^ recorded in the reports as the " United States vs. Three Tons of Coal," his great argument maintaining the sacredness from search of the books, docu- ments, accounts and private papers of any citizen engaged in business. The court did not, in the case of distillers, who are subject to public espionage and control, sustain his prop- ositions, and ordered the books, accounts and papers of his client to be produced. It was during the trial of one of these cases that Carpenter attempted to " pass by " Judge Drummond, figuratively speaking, for the purpose 01 enlight- ening, instructing and mellbwing the jury. The judge at once called his attention to the fact that it was the province of no one but the court to instruct the jury. As this pro- ceeding was slightly outside of the prescribed path, some of Carpenter's friends asked him why he undertook what might have entailed a fine for contempt of court. He re- plied: "All the law was against me, public opinion was against me, the press was against me, the court was against me, my clients were as guilty as Cain, so what could I do? My only possible chance was to get by the judge and at the jury." THE LOUISIANA LOTTERY. 137 THE LOUISIANA LOTTERY. On November 13, 1879, Postmaster-General D. M. Key issued an order to the postmaster at New Orleans forbidding the payment of any postal money order addressed to M. A. Dauphin, for the reason that he was " conducting the Louis- iana State Lottery, a scheme for obtaining money under fraudulent pretenses." Carpenter was engaged by Dauphin to discover what relief the law would afford him. The case was argued at length before the supreme court of the Dis- trict of Columbia upon the novel prayer for an injunction to restrain the order from remaining in force. He held that the statute under which the postmaster-general acted was unconstitutional, because it vested judicial powers in that oflicial; that therefore the order forbidding Dauphin the privileges of the mails was void, and that it is always the dut}^ of the judicial branch of government to restrain the unlawful or unjust acts of ministerial officers. His brief was very interesting. It showed how a court could not hesitate because the relief asked was against a cabinet officer, as courts theretofore had commanded Presi- dent Jefferson to appear and produce a certain letter at the trial of Aaron Burr, and Grant, while President, had been called thousands of miles to testify in petty cases, and both had obeyed. The order withheld from Dauphin all registered letters, whether a part of his lottery business or not. This, Car- penter declared, was partial disfranchisement — punishment without trial by a person not vested with judicial powers. In concluding, he thus pictured the duties of a court, no matter how high and mighty the person to fall under its judgment: If we convince you that these acts of congress are unconstitutional, you can not shrink from so declaring witliout violating your consciences and disgracing your office. There may well be a nation without a king; per- haps a church without a bishop; but the liberties of our people will be gone should we have courts without judges. Courts, like corporations. 138 LIFE OF CARPENTER. have neither "bodies to be kicked," nor "souls to be damned." Judges have both, and are amenable to the just criticisms of men, and for corrupt judg- ment answerable at the bar of Divine justice. Carpenter secured relief for his client, whether justly or not is not in question, which continued until the middle of 1883, when Postmaster-General Gresham renewed the order. MRS. STEPHEN A. DOUGLAS. The boldness of Carpenter in pointing out to courts the wickedness of permitting or becoming a party to injustice through rigid adherence to mere technicalities of laws or contracts, constituted one of his noblest characteristics as a lawyer. There were few judges that had the hardihood to follow the zigzag path of technicalities while he practiced before them, as he never failed in such instances to torture their consciences. When he learned that the widow of his idolized friend, Stephen A. Douglas, was compelled to seek relief in court against the strange business management of her husband's adviser, executor and supposed friend, he hastened to offer his professional services in rescuing her from injustice. He appeared for her on appeal before the supreme court of Illi- nois. In the widow's suit for an accounting of her husband's estate and for one-half of the unsold lands, the court below denied her prayer, alleging that she had been " guilty of laches, legal remissness, in not suing at an earlier day." In common parlance it may be stated that the executor of the Douglas estate pleaded that Mrs. Douglas had so long neg- lected to sue him that her property had now become his own, and the court below sustained this plea. Carpenter's brief was long, weighted with authorities, and, in its prayer for relief, extremely eloquent. In connection with a subject so noteworthy, a few lines may be quoted: The complainant was a woman; in social life a queen, indeed, but still a woman. She loved her husband as all good wives do; but added to this was her knowledge that a nation followed Senator Douglas to admire him. THE NORTH-WESTERN UNIVERSITY. 130 Under these circumstances, could she doubt his wisdom, his power to read the characters of men, his capacity for selecting true friends for their ster- ling worth? Rhodes had been her husband's confidant and "familiar." In those dreadful hours which preceded his final dissolution, when the dying rise to the supremacy ot prophets, her husband. Senator Douglas, the trib- une of millions of the people, had exhorted her, soon to become a lone woman, to trust in Rhodes; to take his advice, yield to his counsel, and look to him as her sure and best friend. His final warning to the court was thus: If a widow, thus cheated and defrauded by one in whom her confidence IS centered, one whom she regards as a father, one in whose honor her dying husband has commanded her to repose confidence, can have no relief from fraud such as this case discloses, the benefit of a court of chancery is not very apparent. THE NORTH-WESTERN UNIVERSITY. One of Carpenter's important briefs, in which his reason- ing and conclusions became those of the court in its decision, was that of the North-western University vs. The People of Illinois. In 1S51 the state of Illinois incorporated the North- western University at Evanston. In 1855 the charter of in- corporation was amended so ''Thai all properly^ of whatever kind or description^ belonging to or owned by said corporation^ s/iall be forever free from taxation for any and all purposes!''' This amendment was accepted by the association, and about $200,000, by reason of the tax-exemption, was donated to the institution. In 1870 the state made a new constitution. The constitution of 1848 provided: "The property of the state and counties, both real and personal, and such other property as the general assend)ly may deem luxessary for school^ relig- ious and charitable purposes, may be exempt from taxation." The new constitution limited the exemptions to real and per-"^ sonal property " used exclusively " for such purposes. This cut ofT real and other property whose proceeds, instead of the property itself, were used for school purposes. The state authorities, under the new constitution, levied a tax on the university property and went into court to enforce 140 LIFE OF CARPENTER. it. The court held the levy valid, and directed the sale of the university in satisfaction of it. Carpenter appealed to the United States supreme court, and there contended that, inasmuch as the legislature, under the old constitution, had ample powder to exempt the property of the university, its action vv^as valid; and as large donations were made by rea- son of the said exemption, that proviso became a part of the contract, and the new constitution and law destroying it, " impaired the obligation " of the contract, contrary to the federal constitution, and was for that reason void. The court so held. GREAT CASES. Thus cases, Important as to principles, and interesting, if not to the general public, certainly to lawyers — the most learned of the larger classes of professional men — might be mentioned into the thousands. They embrace every con- ceivable branch of litigation, test all the great principles of constitutions, statutes and common law, and involve property interests and rights of incalculable value. To make simply an index to them would require a volume, for Carpenter's practice in the various courts of Washington and the Union, for many years, was of enormous proportions. He had nu- merous cases for the New York Life Insurance Company; was the attorney for the heirs of Charles Bent to secure their one-fourth interest in the great Maxwell grant from the Spanish government; for William McGarrahan, in his noted claim against the New Idra Mining Company; for Pierre FrayoUe, in his suits against the Texas & Pacific Railway; for J. F. Schuette, against the Florida Central Railway (in which an attempt was made to defeat him by imposing a rotten bond on Justice Bradley) ; for Hallett's heirs (with J. B. Stewart), against the Kansas Pacific Railway, for about $25,ooo,cxxD; for the French heirs in the Jumel will case; for the Jackson, Shreveport & Texas Railway, against Oakes Ames; for various army and navy attaches^ where GREAT CASES. I4I military or martial laws were to be expounded or tested; for the great Amory estate in New York; and he also had suits against the cities of Milwaukee, Leavenworth, Kenosha, St. Joseph and Beloit, and against numerous railway corpora- tions, in addition to almost numberless claims before the de- partments at Washington and the committees of congress. No man ever had a more varied and distinguished prac- tice. 142 LIFE OF CARPENTER. CHAPTER XV. A BATTLE WITH CORPORATIONS. For some years the stupendous growth of corporations, ' under the peculiar American system of granting charters, has attracted the attention of the wisest political economists, leg- islators and jurists. It was a subject of weight that did not escape Carpenter's early attention, either as a lawyer, law- maker, or statesman. That he was a pioneer in that limitless domain of difficulties and intricacies, not so much for as against corporations, must already have become clear. His views as to the foundation principles governing the formation and control of railway corporations and common carriers were, at first, and for some years, antagonistic to the decisions of the courts. They were in favor of the people, and therefore enlisted the powerful hostility of the corpora- tions. They constitute an important part of his doings and sayings in public, and will be regarded with greater wonder and admiration as time reveals and confirms their wisdom. He was one of the earliest and most reviled of prophets, op- posed by courts, corporations and attorneys, but, after all, the only one of distinction whose prophecies came to pass. Although engaged in a maze of railway litigation that puzzled and confounded courts, receivers, railway owners, bondsmen, managers and opposition attorneys. Carpenter made no formal avowal of his tenets in regard to the relations subsisting, or that of right should subsist, betwixt the corpo- rations and the people, until the year of his election to the United States senate. In so far as the causes litigant brought them out in his professional briefs and arguments, his views must have been more or less publicly known,^ for the officers 1 At a large Fourth of July celebration at Milwaukee, in 1865, Carpenter (with Carl Schurz and Alex. W. Randall) was the orator of the day. In the course of his remarks, he said : " The war is over, and the question of A BATTLE WITH CORPORATIONS. 1 43 of the Wisconsin State Agricultural Association invited him to address the people at their annual exhibit in September of that year, at Madison, upon " The Growth of Monopoly in the Carrying Trade." The invitation was accepted, and a throng of people was drawn to the Capital City to hear him upon a matter which, under the fostering care of certain tribunals, land-grants and legislatures, had arrived at a period of alarming importance. There had been an extra session of congress, his professional engagements were numerous and exacting, but he hewed out of the crowded days and nights time enough to commit his words to paper. His biographer bears testimony, in sorrow, that Carpenter rarely had his public addresses in any manner perpetuated on paper; and Carpenter himself, on the occasion now mentioned, confirmed this affirmation by opening the speech with the remark that, " Wishing to say exactly what he meant, he had committed his words to writ- ing; and never having done such a thing before, he should not, probably, be able to read half of them, which would be entirely in their favor." The supreme court of Wisconsin had just decided that railways were private property (not, therefore, subject to the control of the legislature) and that any tax levied in aid of them was, for that reason, unconstitutional and void. In plain terms, this decision meant that the aggressions, discrimina- tions and extortions of the railways were beyond redress. In Iowa a similar decision had been made, and while the rail- way corporations were becoming insolent and aggressive, the public mind, as a natural consequence, grew not only restless and anxious, but lost some faith in the justness of courts. Under such a condition of aflliirs and of the public temper, Carpenter pronounced his plan of salvation for the produc- ing classes — the masses. After setting forth, in figures Negro suffrage will soon be disposed of; then the next great struggle will be betwixt the people and the corporations. I fear it will be upon us before we shall be prepared to fight it." Than this the records show no earlier prediction. 144 L,IFE OF CARPENTER. drawn from official sources, the magnitude of the mternal commerce of the country, in order to show the importance of the subject deputed to him for elucidation, he proceeded: It was for many years believed by our wisest and purest statesmen that our institutions were in danger from slavery. But it is my honest belief, that they are to-day in far greater danger from the combinations of capital, the consolidations of monopolies — the great trinity of power, railroad, express and telegraph companies, which are struggling to control the des- tinies of this country — than they ever were from slavery. Slavery was spread over a vast territory ; it could only act through political agencies ; so that its plottings and proceedings were seeti of all men. It was a sm so damning and a curse so heav}"- that the moral sentiments of the people and the sympathies of the world were against it — against it altogether and under all circumstances, in detail and in general. It was circumscribed by geographic limits, and the numerical majority of our people, who watched it with jealousy and hatred, always had the pozvcr^ if not the technical con- stitutional right, to suppress it at any time; and it was always certain that whenever it should openly assail the existence of free institutions, the peo- ple, who believe that constitutions are made for men and not that men are made for constitutions, would find a way to put it down. And so it finally was extinguished. But railroad, express and telegraph companies, under proper regulations and within wholesome restrictions, are not only harmless but absolutely a necessity of our modern civilization. They may proudly and truthfully point to the immense service they have rendered to the people in facilitat- ing commerce and bringing the comforts of life to every man's door. The dangers to the public arise not from the use, but from the abuse of the powers which have been granted to these corporations. Un- mixed evil is always condemned and avoided, and is therefore harmless. It is evil that comes in shining raiment, with seductive manner, with much that is really pleasant and good, that wins its destructive waj' into the par- adise of popular approbation. There is no conflict between labor and the legitimate profits of capital. Each is necessary to the other. But the great passion in this country is the love of wealth. And as life is short and every man impatient of results, the great tendency is the consolida- tion of agencies to accomplish vast results speedily. So that, whenever competition begins, consolidation results. A short time since the Mer- chants' Express Company was organized with an immense capital, in the interests of the people, as it was said, to break down the monopoly of the then existing company. Competition went on until both companies came to the not unnatural conctusion, that it would be more profitable to unite and plunder the people for their joint benefit, than it was to carry merchan- dise for too low a rate to amount to compensation. So they consolidated, A BATTLE WITH CORPORATIONS. I45 and now have everything their own way. Various telegraph companies have passed throiigli the same experience and reached the same result. Railroad companies, not behind in the wisdom of this generation, are now bending all their energies to a consolidation which shall prevent competition, and deliver the people bound hand and foot into their tender keeping. For all practical purposes we have but one telegraph company in the United States, and but one express company. If nothing is done to check the present tendencies, it will not be long until we have but one railroad com- pany in the United States, and then it is by no means improbable that three monster monopolies may, "in order to form a more perfect union, insure donicffic tntnquillify" provide for their "common defense" and pro- mote their "general welfare," "ordain and establish a constitution," which shall combine ail three in one, and it will be owing to the mercy of Heaven or the vigilance of our people, if they do not so far extend their schemes as to <>rd u'n a constt/uiiojifor the fcoplc 0^ the Uiiitcd States. This feariul consolidation tends to withdraw corporate action from public observation. Slave-holders could not plot in secret; but to execute their schemes they had to publish their platforms and '■'■goto the cotiiitry" for a trial. The people were thus in lormed of what was intended, and it was their own fault if they did not take care of themselves. But the railroads, express and telegraph corporations of the United States, embracing untold millions of capital, reaching into every state, territory, coimty, town, vil- lage and farm of the country, may all be mamged by a board of fifteen di- rectors, sitting with closed doors, by candle-light, in Wall street. What they determine upon they need not subinit to public examination nor to the contingency of a general election by the people, and thus a power more for- midable than the powers of this gigantic national government, because more closely touching the rights and pockets of the people, will come to be ex- ercised by a few men whose interests in all things are directly opposed to the interests of the people, without the consent or even the knowledge of the people. The power of such an organization upon our popular elections, with their paid agents in every school-district, the immense number of their employes and officers, men of influence and intelligence, all capable of be- ing directed by telegraphic communication by a central head in Wall street, and the immense capital capable of being poured out secretly at any point, their power to build up or destroy towns and cities by discriminating tariffs, and to create or destroy the fortunes of individuals, can not be overcst - mated. But some good easy soul, who never smarts imtil he is hit, may think this is trembling at imaginary evils, or rallying to combat shadows. I hope so. But certainly it is wiser to apprehend a little too much danger and guard against it than to apprehend too little and be destroyed by it; and any candid man who looks back fifty years and considers from what feeble be- ginnings these tremendous monopolies have attained their present power 146 LIFE OF CARPENTER. and greatness, may see reason to fear that they will still farther advance their views and their consummations. Railroad companies first sought franchises from the state upon the ground that railways were public highways, and as such under the control of the legislative power as any other highway. It was upon this ground, and this only, that the courts upheld the exercise of the right of eminent domam in favor of railroad companies, which enabled them, as agents of the state, to take any man's land for the use of the roads in face of a constitution which forbids the taking of private property, except for a public use. The theory upon which the roads were originally constructed is changing; and the supreme court of Wisconsin ' and the supreme court of Iowa, two most intelligent and upright courts, recently decided that a railroad company is a mere private corporation, and that the legislature has no more power over its property or affairs than it has over those of a bank, a manufacturing company, or over a grist-mill. In a single sentence, spoken by the supreme court, the state of Iowa has abdicated its sovereignty over the great highways of the state, and trans- formed them from trust property, held by the corporations for public use, into absolute estate in individual and private right. This declaration is not less important and startling than the Dred Scott decision, and exhibits the dangerous tendencies I have been considering. It is evident that if the doctrine be conceded that our raih-oads are mere private property and legislatures powerless to control them, the grossest abuses and oppressions will follow. Most civilized countries regulate the rate of interest by penal laws, visiting severe penalties upon the capitalist who takes advantage of the necessities of the borrower. But there is in- finitely more need ot legislation here. Loaning money is a thing within the power of any private citizen having money ; he needs and obtains no legislative franchise, or monopoly of the loaning business. Competition is therefore certain to exist; and this, of itsclt, is thought by many to be a suf- ficient protection against the extortion of lenders. But how does it stand with capital invested in railroads.^ In the first place, the company has a monopoly. The state has clothed it with corporate power and immunities. The farmer must export his produce over tlie railroad, because there is but one. Every man does not own a railroad; every man could not operate it, exacting tolls from the public, if he did own one. That requires legislative sanction. But the new doctrine now contended for, that a raih-oad is pri- vate and not public property, strikes a death-blow at all legislative control, and leaves the people at the mercy of our corporations, so far as the state government is concerned. The state can control the management of public property, but has no right to control the use of mere private properly. 'In Whiting vs. Fond du Lac County, the case referred to, the decision of the state court was reversed by the supreme court of the United States shortly after the delivery of this speech. A BATTLE WITH CORPORATIONS. 1 47 If the state of things now existing is an evil, and the tendency is to an' aggravation of that evil, it is interesting to consider whether any, and what, remedy can be invoked. It is evident that a corporation which owns a railroad through a haL- dozen states can not be controlled by any one state, and if every state should enter upon the task, it is certain that each would have a theory of its own, and nothing but confusion would result. A regulation to be of any avail must be uniform; there can be no uniformity where thirty sover- eignties are uttering their voices and enforcing their wills upon the same subject. This consideration led to the adoption, in the constitution of the United States, of the provision that congress should have power " to regu- late commerce, with foreign nations, and among ike seventl states, and with the Indian tribes." Congress may at any time regulate the running of trains, fix the tariff of rates, and in every respect regulate and control the proceedings ol any railroad company in regard to such commerce. A company whose road is situated wholly within the limits of a particular state, as to all produce which is destined for a distant state, is also engaged in commerce among the states. And even those cases, where the charter of the company amovmts to a contract which would prevent the interference of a state, are nevertheless within the power of congress; because no state can exonerate any person or corporation from the duty of obedience to ail constitutional regulat ons of commerce by the general government Thereiore, tlie rail- roads of Iowa and Wisconsin, although wholly exempt, by recent decisions, from state control, may nevertheless be kept within just limits by the exer- cise of congressional authority. The power to regulate commerce includes the power to facilitate com- merce; if not, then every light-house on the Atlantic coast is shedding an unconstitutional light upon the midnight mariner. It is impos>ible, I think, to distinguish between the power of congress, under tlie constitu- tion, to build a light-house, and its power to build a canal or a railroad. The practical construction which the constitution has received is that con- gress may legislate in aid of commerce. It !nay build harbors, improve lakes or rivers, and do whate\'er else may render commerce easy, safe and profitable. Suppose the government should build a railroad with two or four tracks from Chicago to New York, and throw it open to public use, under certain regulations, and at certain rates of toll to be paid by any person running a tram upon the road. It would thus be in the power of the government to regulate the carrying business, which is so important an element in domes- tic commerce, so as fully to pro^ct the people. The power to do this is unquestionable. If any man doubts the power as a regulation of com- merce, there is no doubt of the power of congress to build a military road. 1^8 LIFE OF CARPENTER. Avith four iron tracks, from Chicago to New York; and when not actually required for the transshipment of troops or military supplies, to authorize its use at certain rates of toll by private individuals. Our navy is employed not only in protecting our foreign commerce, but in succoring merchant vessels in distress; and no doubt might be employed, when not needed for national defense, in any way to promote national prosperity. But, conced- ing the power, it will be said there are many objections to be urged against it. Undoubtedly ; but the question is, whether there are more blessings to be expected than dangers to be apprehended. (i) It may be said that it would increase the patronage of the general government, which is already very great. Admit it; would not the same reasoning abolish the postoffice department.? Oh, says the objector, the postoffice is a necessity. Precisely ; and the question is, whether the rail- road, also, will not soon become a necessity. (2) It may be said that the expense of such a work would be much greater if executed by the government than by private individuals. This I do not admit; nor do I believe it. (3) It will also be said that the government is already burthened with a heavy debt; that it would be madness to enter into so gigantic a scheme of internal improvement, in our present condition. This depends upon a mere question of profit and loss in regard to the particular transaction. If a farmer, who was heavily in debt, should, for that reason, fold his hands in the spring, and refuse to buy seed-wheat on credit, and so let his farm go to waste, his wisdom would not be approved. If he buys wheat and corn to sow and plant, if he employs laborers, and buys oxen and horses to carry on his farm, he will temporarily increase his indebtedness; but in no other way can he realize the rich crops of autumn, which may not only repay the expense of the year, but go far towards liquidating his mdebtedness. So, if the government could build a railroad from Chicago to New York in three years, upon which it should levy such tolls as would have the eftect to reduce the cost of transporting merchandise one-half, and still pay for its own construction in twenty years, after which the tolls could be still farther reduced, down to the actual cost of keeping the road in repair, then it would not be an extravagance but an act of prudence to do it; because the government would by this proceeding lose nothing, and the people would be greatly enriched. Congress has heretofore granted aid to railroad companies in the form of grants of land and bonds. The government gets nothing back for the lands granted, and the p ople get no benefit, if the companies are to band together to plunder the commerce of the country. As a mere investment, it would be better for the government to build and hold a railroad until it should be re-imbursed for its construction, and in the same time save the ENEMIES APPEAR. 1 49 people as much more, than to grant to irresponsible parties land or money, from which no adequate return will be realized either by the government or the people. I have made these remarks, simply, if I could, to direct the public mind to a consideration of a matter worthy of their thought, which will, I believe, before many years grow to great practical importance. Many then thought Carpenter's picture of coming con- solidation and consequent destruction of competition in the telegraph, express and railway business was overdrawn and groundless; but recent events have amply proved that his vision of the future was correct. Although several tele- graph companies have been organized since then, ostensibly to build lines " for the people," all of them have been swal- lowed up by the great telegraph octopus. He predicted that if the manifest tendencies of 1869 to consolidate were not checked, it would not be many years before there would be but one railroad in the United States. The present "pool- ing " arrangements, by which competition is throttled and the vast earnings of the railways are arbitrarily divided among the corporations belonging in the pool, is a practical if not a literal fulfillment of that prophecy. ENEMIES APPEAR. The address had hardly been spread before the public when John R. Bennett and I. C. Sloan, two very able law- yers, attacked its doctrines through the columns of the news- papers. On the nth of October Carpenter replied, boldly taking ground contrary to the decisions of the supreme court not only of his own but of other states. He argued: Now, a railroad is either a highway held by a corporation in trust for the public use, or it is mere private property owned by the stockholders in ab- solute right. One of these theories must be true; and whichever is held to be true, it will follow that the other is untrue. (i) If it be a highway, then the legislature can authorize a county or town, in its discretion, to aid in its construction, and raise money by taxa- tion for that purpose ; because the money raised for that is raised for a pub- lic purpose. And it also follows that as a highway it may be conti oiled and regulated by the legislature. 150 LIFE OF CARPENTER. (2) If it be not a public highway, then the public have no control over it. When it is held to be private property, it follows that the legislature have no more right to control it than they have to control the use of any other private property. If it be public property — a highway — one class of consequences fol- lows; if it be not a common highway, these consequences do not follow. Therefore, when the court solemnly decides to which category a railroad belongs, they do in eflect determine what class of consequences is to follow in regard to such property. So the court evidently considered it. The particular question was: Can the legislature authorize a county to aid in the construction of a railroad by taxation? But to answer this question it was necessary for the court to determine the question upon which it depended, viz. : Is a railroad a public highway, or is it mere private property 'i This the court detei mined agamst the theory that a railroad is a public highway in the following unambiguous language: " The road, with all its rolling-stock, buildings, fixtures and other prop- erty pertaining to it, is private property, owned, operated and used by the company for the exclusive benefit and advantage of its stockholders." ' Having settled this, then of course the court could answer the other question in only one way, viz. : that taxation in aid of such road was tax- ation for a private, not for a public purpose, and was therefore unconstitu- tional. Now, suppose that next winter our legislature should pass a law fixing a tariff of i-ates for a railroad. The company would contest the constitu- tionality of the law. A case involving this question would come to the supreme court Here the precise question would be, Can the legislature pass a lavj regulating tariff of rates on a railroad? But, as in the other case, this question would depend upon the question : Is a railroad a public high- way, or is it mere private property.'' And the court would be compelled to sa., "We settled this question in Whiting vs. Fond du Lac County. A railroad is mere private property." Therefore the court would be com- • In the case of Whiting vs. Fond du Lac County, in which the plaintiff enjoined the county from paying county orders voted by the people in aid of the construction of the Sheboygan & Fond du Lac Railway, and in which this opinion of the supreme court of Wisconsin was entered, Car- penter was the attorney for the defendant county. On the motion for a re-hearing of the case he said : " The sole question at present involved is this: Has the legislature the constitutional poiver to authorize a county or town to raise money by taxa- tion to contribute toward the building of a railroad in or through the local- ity.'' This court says no. " Had this question been answered in the negative fifty years ago, not a railroad would ever have been completed in the United States." The court continued to say "no," but its judgment was reversed by Carpenter in the .case of Olcott vs. Fond du Lac, in the United States supreme court. A TEST CASE. I5I pelled to answer the precise question, can the legislature regulate a tariff of rates, in the negative. To suppose that our supreme court will decide that railroads are mere private property in order to exclude the power of taxa- tion, and in the next case declare them to be public highways in order to uphold the constitutionality of a tariff of rates, is to suppose that the court will treat adjudicated cases and the rules of logic " with an impartial con- tempt." But in the opinion in the Whiting case, our court gave their unqualified approval to a case in Iowa, where the court followed this doc- trine to its logical result, in the following language: " It is to be remembered, also, that railway corporations are not organized for the purpose of developing tlie material prosperity of the state — this is a mere incident of the business they prosecute. But they are organized solely to make money for their stockholders, and the legislature has no more fcMcr over their property and rights than it has over the like property and rights oj natural persons or other private corporations^^ Therefore this language of the supreme court of Iowa was adopted and indorsed by our court. It is a necessary result of the principle that rail- roads are private property and not public highways. There are certain things so intimately, so necessarily connected, that one can not exist without the other. If you want sunshine you must have a clear day; if you will not have a clear day you can not have sunshine. I. you will uphold the right of the legislature to fix a tariff ol rates, you must hold railroads to be public highways; and if they are such, t!ie power o. taxation inay be exercised. Everything in this world has its advantages and disadvantages. But if you will have the thing, you must endure all its consequences. The power of taxation, exercised by the representatives of the people, and confirmed, as in this case, by a vote of the people to be tax-i\ can not be abused, unless we admit that the people can neither trust their representa- tives nor judge themselves of their own interests. Such an admission would overturn all free government. We may therefore safely say rail- roads are public highway's, taxation may be exercised to aid them if tlie people are -anlling to tax themselves for such purpose; and the legislature shall at a'l times have the power to control the operations of the roads and fix the tarifi" of rates. A TEST CASE. In settling the principles and composing the public mind with reference to legislative power over railways, the case of Olcott z's. The Supervisors of Fond du Lac County was all-important. The county had voted to aid in the construc- tion of the Sheboygan & Fond du Lac Railway, and in pursuance thereof issued county orders as the work of con- 1^2 LIFE OF CARPENTER. struction progressed. One Whiting procured an injunction against the county, forbidding the payment of the orders. The supreme court of the state, upon appeal, decided that the act authorizing the taxation was unconstitutional, and the taxation itself void. Subsequently Horatio J. Olcott, by Carpenter as his at- torney, brought suit in the United States district court of Wisconsin to recover on county orders of which he was an innocent and hojiafide holder. The district court, follow- ing the decision of the state court in the Whiting case, gave an adverse decision. Carpenter, upon a writ of error, went with the cause to the United State supreme court. He there contended that the decision of the state court (that railroads were mere private property, and that, therefore, a tax in aid of their construction was unconstitutional and void) was an erroneous judgment. His brief, which consisted of nearly seventy pages of printed matter, was not an ordinary document in either ability or exhaustive research. He pointed out with some emphasis what injustice suitors in the federal courts would suffer if those courts were to do as had been done in this case, viz.: follow the decision of the state court. The Illinois court had just decided a case precis^ily like that of Whiting's in favor of the validity of a tax in aid of railways; so that, if Olcott had owned county orders in Illinois of pre- cisely the same nature as those sued upon, he would have had his suit decided against him by the federal court in Wis- consin, and for him by the same court in Illinois. The court, at its December term, 1872, decided fully in Carpenter's favor, using, in describing railroads as public highways, almost the exact words of his argument. The judgment of the court below w^as reversed, and thus was settled, as he had previously held in the letter and speech before quoted, by the court from which there is no appeal, the principle that railways are public highways; that the right of eminent domain maybe exercised to secure right-of- way for them; that taxes may be lawfully levied upon a INTER-STATE COMMERCE. I53 willing public in aid of their construction, and that, conse- quently, they may be controlled by the legislative povvej* that created them. The language of the court is this: That the legislature ot" Wisconsin mav alter or repeal the charter granted to the Sheboygan & Fond du Lac Railroad Company is certain. This is a power reserved b\- the constitution. The railroad can, ihercfore, b • coit- irolled and regulated by the state. Its use can be defined; its tolls and rates for transportation may be limited. Is a work, made by the authority of the state, subject to its regulation, and having for its object an increase of pub- lic convenience, to be regarded as ordinary private property? INTER-STATE COMMERCE By invitation, on September i8, 1873, Carpenter delivered tiie annual address before the agricultural society of Winne- bago county, Illinois, at Rockford, upon regulating and con- trolling inter-state and other commerce. He said that in no other country had corporations ever been created for such a variety of purposes or clothed with such extraordinary pow- ers as in the United States. He thought for each state to attempt to regulate commerce between the states after its own fashion would result in discord. He pointed out: The vast importance of our internal cominerce, tlic extortion, by those engaged in the carrying business, and the general awakening of public at- tention to the subject, will very soon compel congress to enter upon this wide but as yet unoccupied field of federal power, to rescue commerce among the states from the excessive exactions of the railroad companies. * * * * Another source of corruption in railroad manag.-ment and oppression to the people is that those who are engaged in the carrying busi- ness are also engaged in the trafllc of commerce. The officers of a great railroad line may buy a large amount of wheat and flour in the far west, and then suddenly reduce the price of transportation at the expense of their own stockholders, and transport their own produce at a greatly reduced rate, thus pocketing a vast sum of money. When their wheat is removed, the freights are raised again and applied to the outside public. It is as competent to demand that any person, being a stockholder or director of a corporation engaged in the carrying business, shall not at the same time be engaged in buying produce to be transported by himself or by his company, as it is to provide that no member of congress shall practice in the court of claims, or that r.o officer engaged in collection of customs shall carry on foreign commerce. 154 LIFE OF CARPENTER. Proceeding to show by authorities what power congress had to correct the excesses complained of, he declared that " if the federal government can not or will not deal with this evil, then it must be confessed the constitution has failed to accomplish one of the principal ends it was intended to se- cure." He claimed to have established by his reasoning and his authorities these propositions: (i) Railroads are highways, and therefore may be built with money raised by taxation; and, without regird to how money has been obtained to build them, their management miy be controlled and their tariff rates fixed by legislative authority. (2) Congress, under its power to regulate commerce among the several states, may regulate the tariff of rates upon all railroads as to inter-state commerce — that is, when the place of destination and point of shipment are not both in the same state. J (3) Congress also has the power, as a regulation of inter-state comm3rce, to build or authorize the building of such number of trunk roads between the west and the east as may be necessary to reduce, by competition, the price of transportation to a reasonable amount. The address was a very elaborate effort, of thirty octavo pages, and fortified by extracts from or references to about fifty of the highest opinions in the land. THE POTTER LAW. The possible aggressions of the railway companies, pre- dicted in the speech of 1S69, continued to grow in Wisconsin in size and number until the people became thoroughly exas- perated. Political lines were broken, leaders confused, and parties demoralized. The members of an agrarian order calling themselves Grangers raised the cry against the rail- ways, mingled in political conventions, and, joining with the democrats, nominated Wm. R. Ta3'lor for governor. He was a Granger, and, nerved by the shibboleth of "Down with the railways," his entire ticket was elected over C. C. Washburn, by fifteen thousand votes, the first majority 1 In January, 1S83, the supreme court of Illinois went even further than Carpenter, and held that the legislature of any state could fix the freight tariff to be charged for transporting articles shipped irom stations within, but destined for points outside of that state — even European ports. THE POTTER LAW. I55 secured by the democrats since 1853. The election appeared to be an uprising of the people against the railways. The legislature met in January, 1874, ^"^ ^^^ about the formation of a law that would appease popular clamor. The result was an enactment called the Potter lavv.^ The numer- ous corporations employed the most powerful lobbies ever marshaled in Madison, for the purpose of defeating the measure, but without avail. Public sentiment, without re- spect to party, sanctioned its provisions, and it was duly ingrafted upon the statute books, providing reduced and fixed tariffs for the transportation of passengers and freight, pun- ishing discriminations of every sort, whether by rebates, gifts, return transportation, or otherwise — in short, bringing the entire carrying business strictly within legislative control. Against this law, the railways proposed absolute resist- ance. Relying upon the decisions of previous state courts, they declared the act unconstitutional, and Alexander Mitchell, of the Chicago, Milwaukee & St. Paul Railway Company, and Albert Keep, of the Chicago & North- West- ern Railway Company, issued proclamations of defiance.- 1 Named after its author, R. L. D. Potter. 2 The following extract from a proclamation by Governor Taylor, pro- mulgated in May, 1S74, shows that, in his prediction of 1S69, Carpenter penetra'ed the future of railway aggressions with the prescience of a prophet: Whereas, The legislature, at its last session, passed an act entitled "An act relating to railroad, express and telegraph conijianies in the state of Wisconsin," classifying railroads and freights, limiting and fixing the com- pensation to be charged for the transportation of freights and passengers, and providing for the appointment of railroad commissioners; and, Whereas, Said act was duly approved on the fourth day of March, A. D. 1S74, and was oflicially published on the twenty-eighth day of April, A. D. 1S74, and is now, to all intents and purposes, the law of the land; and, Whereas, The Chicago, Milwaukee & St. Paul Railway Company and the Chicago iS: North- Western Railway Company, on the twenty-ninth day of April, A. D. 1S74, filed 111 the cxecutivcdeparlmentcommunications signed bv their respective presidents, and addressed to the governor of the state of Wisconsin, in which they announce a determination to operate their roads without reference to the jirovisions of said act and in defiance of its requirements. 156 LIFE OF CARPENTER. Excitement rose higher than ever. Powerful arguments by the greatest lawyers in the Union, hired by the railways to write on their side, were published in the leading journals, for the purpose of perverting public opinion. Among the distin- guished contributors of false theory and unsound conclusions to the confusion and uncertainty of the hour, were Wm. M. Evarts and Charles O'Conor, of New York, and E. Rock- wood Hoar and Benjamin R. Curtis, of Massachusetts. These were strong names. PubHc opinion, too, was strong, but not strong enough to fee lawyers of equal ability to write in the interest of the people on the opposite side of the question. Thus, with nothing tangible on which to rely, the masses halted in the midst of their doubts and misgivings, while the railways continued their defiance and violation of law. Dur- ing this period of suspense, Elisha W. Keyes, chairman of the Wisconsin republican state central committee, proceeded to Washington, and informed Carpenter that the tax-payers must have light upon the question that was distracting the public mind, from an unbiased source; must have an un- bought opinion upon the constitutionaHty of the Potter law. They desired, he explained, to abandon it if in error; other- wise, to feel free and safe to enforce it against the defiant railroads, at whatever hazard. At ten o'clock in the evening of May 10, 1874, Carpenter agreed to comply with the request. " I will," he promised, "see who can be master of this country — the people or the corporations." He then fell to the task, and continued his investigations during the entire night. When the gray light of morning began to dim the flickering flames in his office, the opinion had been completed, and sustained, without reser- vation or equivocation, the constitutionality and the validity of every provision of the Potter law. It was composed at four o'clock in the morning, started with Keyes for Wisconsin the same day, and was published four days later in the JV/s- consin State Jotirnal. AN EBULLITION OF SLIME. 1 57 AN EBULLITION OF SLIME. It is scarcely possible to describe the malignity of the attacks that followed the publication of that opinion. The rail- way corporations paid liberal sums to various newspapers — especially one in Chicago — for Carpenter's vilification, and caused the calumnies to be republished in lesser sheets throughout Wisconsin, and scattered in pamphlet form over the commonwealth in great numbers. Those articles were put forth in conspicuous black type under such titles as " Matt. Carpenter, the American Carl Marx," " Carpenter's Infamous Proposition of Downright Robbery," " Plea of the Communistic Demagogue Carpenter for Free Confisca- tion," and " Matt., the Champion of Robbery." The black- guardism of the body of the articles was in exact consonance with the slander of these titles. Such sentences as " Matt. Carpenter, the focus of American knavery, holds that the state has a right to steal locomotives, that no man has a right to two coats or to any other property," were common. The bombardment of slime and libel was not allowed to diminish until the federal and other courts had decided that Carpenter's doctrine was just and his conclusions of law cor- rect, and that the Potter law was constitutional and valid, as he had pronounced it. But the attacks on him took more tangible form than that of mere billingsgate and abuse. His ollice in Milwaukee was fired, on one occasion a large amount of ignited combustibles piled against the door being discovered and extinguished by Dr. Forster. Having been warned that his life was in danger. Carpenter went armed during the balance of the excitement, and his family lived for some weeks in a state of intense fear that he would meet with bodily harm. Mrs. Carpenter watched anxiously for his coming every evening, and, if he did not appear promptly on time, the coachman was dispatched post-haste to dis- cover whether the wicked threats had been carried into exe- cution. 158 LIFE OF CARPENTER. He probably was at no time in actual danger of physical harm; but the methods resorted to for his intimidation were certainly extraordinary and criminal — such as would be likely to seriously frighten the tenderer members of any household. It was a period of fevered excitement, and re- vealed to the people more clearly than anything else ever had the true metal of the man. CHARNEL-HOUSE OF CORPORATIONS. Shortly after the publication of the opinion, Carpenter was invited by the officers of the agricultural society of Ripon, Wisconsin, to deliver an address at their next exhibition, on " The power of legislatures to govern corporations of their own creation." He accepted, and September 16, 1874, ^P' peared before an audience of thousands of farmers and busi- ness men. The effort was an argument more than a popular address. Its trend was similar to that of the letters, speeches and arguments previously made, but it was much fuller and its conclusions more irresistible. Its ramifications extended in all directions, only to strengthen and enlarge the inevitable result. In his opening sentences he said: I am requested to discuss here the power ot the legislature over railroad and other corporations. The power of the legislature is one thing — a mere constitutional question ; the propriety of its exercise, and the extent to which it should be exercised, are very different questions, falling entirely within the domain of public policy. I shall therefore, with one hand, open the great armory of sovereign power, and in doing so shall expose many weapons which wisdom and prudence, an enlightened sense ot justice and of the public good will dictate should never be used except in case of dire necessity. With the other hand I shall open the charnel-house of corpora- tions and bid these companies, *' Come view the ground Where they must shortly lie," if they persist in a struggle with the powers of sovereignty. Carpenter then explained that the railway companies based their pretensions to be above other people and the laws, to be exempt from the operation of the acts passed by the legisla- CHARNEL-HOUSE OF COUrORATIONS. 1 59 ture, upon three propositions, to wit: That the}- were the owners of certain properly which they could use or not as they pleased, and if used, had the right to collect such charges as they pleased; (2) that the state had entered into a contract with them, and any attempt to fix their tarilT rates was a vio- lation of that contract — a thing forbidden by the constitu- tion ; and (3) that even if the legislature had the power, it would be unjust to capitalists to exercise it after money had been in- vested under charters supposed by them to confer the un- qualified right to fix their own rates. The fallacy of these pretensions he thoroughly exposed. Railway corporations, unlike marriages, were not creations of the Divinity, said he; therefore they had no natural or inalien- able rights. They were mere human contrivances, subject to the wall of their creator without reserve or limit. In con- cluding, he believed he had shown, as clearly as human logic and law could show, the truth of these propositions: 1. That railways are the mere creatures of law, drawinj^ their breath of life from law alone, capable of doing only what tiie law permits them to do, and holding their lives and their powers at the mere will of the legislature, 2. That the business these companies are engaged in is one which even natural persons can not carry on without permission of the legislature. 3. That the companies are obliged to transport passengers and freight for reasonable compensation, and subject themselves to suits for damages and to forfeitures of charter if they fail to do so. 4. That railways are public highways, the title vested in the corporation, hut ves/ed in in/si /or f//e s/arty that has shown itself capable of administering the general government, because it has ever sympathized with the principles on which it is founded — should be cheer- fully abandoned for the present, if that be necessary, to preserve intact the government our fathers constructed for us. The sorrowir.g song of Judea is the language of every true patriot " remembering " his native land: " Let my tongue cleave to the roof of my mouth If I prefer not Jerusalem above my chief joy." You say some of my friends think that my speech verges upon repub- licanism, not to say abolitionism, in the method it hints at for prosecuting the war. This remark shows, does it not, that we are still thinking of party, when we should be thinking otily of country. The question is not whether a certain line of conduct will please an abolitionist, but -whether it -will save the government. No two men can differ upon this proposition, that we have a terrible war upon our hands. Hotv are %ve to manage it? I do hope that in this terrible crisis of our country the democrats will be found, as they have been, on the side of their country against all assailants; they must not hesitate, not falter, for ruin will be the consequence. We must say of whoever is for upholding the constitution and preserving this union of states against open and secret enemies, he is my brother. We must look this war honestlv in the face. We can not protect ourselves and save our country with cunning tricks, nor suppress this insurrection with a fals,e- hood. We must strike home to the rebels; hit them on their tenderest spot. But it may be asked, how can a democrat, who through all the last cam- {>aign opposed Lincoln upon the ground that his election would plunge the PARTY VS. PATRIOTISM. 20I country into war, now counsel a conduct of the war that most delights these very republicans who have provoked it? This question is, to my mind, very easily answered. In tho last campaitrn we all believed that the people of the south were honest in professing their fear for the safety of slavery if Lincoln should be elected, and that, irso ex- asperated, they would take up arms. It is perhaps mipossible to determine, and it is immaterial, whether the south was honest in that pretense or not. It must be confessed that there are many reasons for believing that the southern leaders desired a dissolution of the Union upon other grounds, and that they would have made the effort of treason if Lincoln had been de- feated. Tiieir treatment of Douglas at Charleston, the;r conduct in the campaign, their undisguised preference for Lincoln's election over Douglas, can be explained upon no other hypothesis. The northern democrats' treated the south as a father does a sickly son. We sought to avoid a row ; we did not think the election of Lincoln would jitsit/y the south in rebel- ling, but we feared it would have that effect. Therefore we sought to avoid the struggle by preventing what we feared would cause it. We labored faithfully, but were defeated, and the influence of the south tended to that result. We were defeated in consequence of our fidelity to what we be- lieved the just rights of the south, under the constitution; and the south, which might by constitutional means have rendered Mr. Lincoln's admin- istration powerless for harm, scorned peaceful security, and flew to arms. A more disgraceful act of ingratitude is not reccirded in history. The democrats of the north had for years defended southern rights, at the ex- pense of popularity and place at home; we had, for adhering to their cause, been driven from oflRce in every northern state; and the first time that the consequence of their conduct was visited upon them, as well as upon us, they rebelled. Northern democrats then firmly resolved that the Rebellion should be put doi.vn, and the government sustained. Did we mean what we said, or not.? I take it we did. If so, all the old issues are to be forgotten. We must " leave the dead past to bury its dead ; " and we have but one question before us now: How can this Robellion be most speedily and most efllctually crushed } We have nothing to do with repub- licanism or abolitionism ; we have simply to choose the readiest means to a wish-'d-for end. Mr. Secretary Smith in a recent speech says: "The theory of this government is that the states are sovereign within their proper sphere. The goverxment of the United St.vtes has no MORE RIGHT TO INTERFERE WITH THE INSTITUTION OF SLAVERY in SOUth Carolina, than it has to interfere with the peculiar institutions of Rhode Island, whose benefits I have enjoyed to-day. // is not the province of the government of the United States to enter into a crusade against the institution of slavery. I wjuld proclaim to the people of all the states of the Union the right to manage their institutions in their oivn ivay." 202 LIFE OF CARPENTER. Well, to every word of this, of course, everybody subscribes. But does Mr. Smith think that he solves the great question that lies at the gate of the government by these trite commonplaces.'' It is not the province of the government to enter into a crusade against slavery; but I take it to be the undoubted province of the government to maintain its authority in every state by any and all necessary means; and when a state is in rebellion, to reduce it to obedience in the most summary way; and if this can only be done by sweeping away slavery, then it is the province of this government and its boundeti duty to siveej> slavery away. The most favorable view of the matter is to treat the south as an inde- pendent power at war with us. This the revolted states claim to be, and they ought to thank us for treating them accordingly. And everybody knows that if such were the case we should be justified by the laws of na- tions in despoiling them of their property ; and at the south slaves are prop- erty. Grotius (the father of international law) says, book 3, chapter 5, sec- tion I (edited by Whewellj: " Cicero says it is not against nature to despoil him whom it is honorable to kill. Wherefore, it is not to be wondered at, if the laws of nations permit the property of enemies to be destroyed and ravaged, when it has permitted them to be killed. Polybius says that by the laws of war all munitions of the enemy, ports, cities, men, ships, fruits, and everything of like kind, may be either plundered or destroyed. And in Livy we read : There are certain rigJtts of tvar which may be exercised and must be submitted to; as to burn crops, to destroy buildings, to drive off hooty oi cattle and men." Again, in book 3, chapter 6, he speaks '■'•of the right of acquiring thi^tgs captured in war." Section 5, he says : " Those things are supposed to be taken from the enemy which are taken from his subjects." Burlamaqui, volume 2, chapter 7, says: " i. As to the goods of an enemy, it is certain that the state of war permits us to carry them off, to ravage, to spoil, or even entirely to destroy them." Again, section 2 : " This right of spoil or plunder extends in general to all things belonging to the enemy, and the law of nations, properly so-called, does not exempt even sacred things." This last quotation, ^^ sacred things," embraces precisely what some seem to think slavery is. This is the undoubted law of nations, and is daily acted on by inde- pendent powers at war with each other. I am not aware that it has ever been claimed for rebels that they were entitled to a more tender treatment than the law of nations prescribes to public enemies. The first diplomatic note addressed by this government to any foreign power, written by Thomas Jefferson, complained that the British army had carried away slaves belonging to the inhabitants of the United States; not that the carrying away of slaves -was an improper act of zvar, but that they had been carried away after the treaty of peace had been signed, and in direct violation of the 7th article of that treaty. Not only would the gov- ernment be justified in capturing slaves in the south, but by the familiar PARTY VS. PATRIOTISM. 203 principles of national law they are contraband of war; in which (if the slave-trade were lawful) neutrals could not tratlic with the south. Articles peculiarly subservient to war, without which the enemy could not carry on the war, or which enable him to carry it on at great advantage over his an- tagonist, are contraband. See Vattcl, Law of Nations, book 3, chapter 7, sec- tion 112, and Bynkershock on War, chapter 10. Now, whether slaves are subservient to war, and put the south on a su- perior footing to us, let the south speak for herself! The method heretofore employed in prosecuting this war has carried to every secessionist a home market for whatever our troops have needed in that state. We have paid twice its value in coin for everything, including damages for tranifling down crops. The coin we pay out is instantly ex- changed for Southern Confederacy bonds, and finds its way into the treas- ury of secession, to equip rebel armies. They can stand such a war easier than we can, and perhaps longer. The war has been a source of profit to the rebels, and expense only to the loyals. The wickedness of this revolt has no parallel; and the government would be ju>tified in employing the most stringent means to suppress it. It has coaxed and caressed long enough to see that the people of the south are not inclined to lay down their arms as a matter of politeness. No ap- peal to their reason, their justice or their loyalty can avail, for they seem to have neither. Now let them be pursued and hunted with fire and sword, with hidter and confiscation, until they return to their obedience to the con- stitution and the laws, and then, and not before, can they claim to hold their slaves under the constitution. When they permit peace, they can claim the rights of peace ; but they can not insist that we shall guaranty to them all the benefits of peace while thev are visiting upon us all the horrors of war. Suppose we march an army into the rebel states, and capture slaves, who is to complain of it.-* The loyal states w/7/ not; the rebel states can not. They have forced a state of war upon us, and now must take the legitimate consequences, one of which I have shown this to be. The right of the master to hold his slave under the constitution is admitted as a civil right; but when he throws off the constitution and levies war against it, how absurd it is to say that he may, nevertheless, turn the constitution against itself, and make it protect him 1 Reference is had to the Alabama Advertiser, which declared: "The in- stitution of slavery in the south alone enables her to place in the field a force much larger in proportion to her white population than the north, or indeed, than any country which is dependent entirely on free labor. The institution is a tower of strength to the south, particularly in the present griefs, and our enemies will be likely to find that the ' moral cancer,' about which their orators are so fond of prating, is really one of the most elective weapons ctnphyed against them by the south." 204 LIFE OF CARPENTER. ivhile he destroys it. This makes the constitution give aid and comfort to its own enemies; makes it contribute to its own destruction. The cry of our northern press, that this war must be so fought as to respect the rights which southern citizens would enjoy under the constitution if they were at peace with it, is treason. It is giving aid and comfort to the enemies of our country. Enemies, not in a very rhetorical sense, as we bandy words on the stump, but enemies in arms, and whose artillery is trained on the federal capitol. Every word spoken to protect the rights of a rebel is a word spoken to weaken the government by narrowmg the means which the government has of reducing him to obedience. I must confess I am tired and sick of it; and if I can not denounce it inside the democratic party, / am ready to go out. It is said this will drive Kentucky out of the Union. Kentucky's greatest living son,l in a recent speech in Boston, says: " Fellow-citizens, I am gratified to say that during the somewhat extended tour that I have just made, I have nowhere found the public voice faint, or the public purpose faltering, in reference to the vigorous prosecution of this war, until the stars and stripes shall float from every flag-staff from which they have been torn. Nowhere have I heard the word compromise — 2i ■word which can now be uttered only by disloyal lips, or by those openly and directly in the interests of the Rebellion. So long as the rebels have arms in their hands, there is nothing to compromise — nothing but the honor of the country, and the integrity of the government; and who, but him who is ready to fill a coward's grave, is prepared for such humiliation as this.'"' How favorably the loyal language of this eloquent extract contrasts with the halting, fault-finding, treason-aiding tone of a portion of the northern press. If such are the sentiments of Kentucky, then she will not go out of the Union because the government distinguishes between it> friends and its foes. If, on the other hand, Kentucky is disloyal and rotten, is hypo- critically remaining in tlie Union as Virginia did, till she was smoked out, for the purpose of controlling the policy of the government for the benefit of southern traitors, then the quicker she goes the better ; we should have less to fear from her as an open enemy than as a false friend. Pardon so long a letter, but I could not more briefly discuss the matter. I believe what I have contended for is true, and I have great confidence in truth. Very truly yours. Matt. H. Carpenter. This splendid epic was unanswerable. It soon found its way into print, and flew like the wind to all quarters of the loyal Union, and was published prominently in every Union paper in the north. It carried dismay into the ranks of the 1 John J. Crittenden. GOING TO ENLIST. 205 obstructionists, and crashed through the sophistries of the copperhead democracy like a cannon-ball through a paper fortress. It was a lodestar for thousands who were patri- otic and loyal at heart, but who were mentally at a loss to know precisely what was their duty under the new and un- tried circumstances. It strengthened the administration, stiffened the democratic northern soldiery, and carried increased fire and patriotism to all loyal hearts. Judge Levi Ilubbell sent a copy of it to the President. Secretary Welles declared " it came like a clear ray of hght through the surrounding gloom." It pointed out, ahead of all contemporaneous statesmen, that the Rebellion could never be crushed so long as slavery re- mained intact, and our armies were forbidden to capture or disturb colored bondmen — a doctrine that was, after a year of disastrous delay, fully concurred in and acted upon by the administration. GOING TO ENLIST. Carpenter now proposed to enlist as a soldier, but his friends protested that he could not be spared; that on the field of battle he could bear but one musket and would count but one among the slain, while at home, his logic, his patriotic earnestness and his inspired eloquence made him a host at the recruiting meetings — a victorious army wherever he went among the people. His reply was characteristic: "I have done a great deal of talking, all that is required, I think. The people must understand the matter pretty thor- oughly by this time, and I notice that Uncle Abe don't call for two hundred thousand more talkers, he wants fighters^ He then went to the office of the examining surgeon, who pronounced him physically unfit to bear arms. That sent him back among the people, addressing mass-meetings every- where. Not, however, until he had hired a substitute, for $800, who served through the war. What could be more patriotic? He was not subject to draft nor acceptable as a volunteer. 206 LIFE OF CARPENTER. DECLINING CONGRESSIONAL HONORS. On the nth of September, 1862, the republican convention for the first congressional district of Wisconsin met at Ra- cine and nominated John F. Potter (since famous under the sobriquet of " Bowie-Knife " Potter, from choosing bowie- knives to fight a duel with Roger A. Pryor) for congress. Some favored the nomination of other candidates, and some thought that under the stormy circumstances there should have been no partisan, but a Union nomination. Conse- quently a call, signed by a large number of prominent citi- zens, asking Carpenter to become an independent Union candidate, was sent to him. He made reply: Milwaukee, September 15, 1862. Messrs. David Ferguson, William B. IIibbard, James B. Cross, C. K. Martin, S. T. Hooker, John G. Inbusch, F. S. Ilsley, Levi HuBBELL, D. A. J. Upham, T. C. Trowbridge, Edward Sanderson, Emanuel Friend, John T. Wentworth, O. S. Head, Lyndsey Ward, and others; Gentlemrn — With Uvely gratitude for tlie confidence reposed, I have to acknowledge the receipt of your call requesting me to become a candidate for representative in congress. In peace parties may be beneficial, but in war there should be no divis- ions among the people. And it is one of the most melancholy signs of the times, that, while hostile hosts are marching upon the national capital, our generals in the field are wrangling for personal preferment, and our politi- cians are preparing to open a campaign of politics before the people. In the loyal states there are a few men of extreme and opposite views; some can see nothing worth preserving while slavery continues, and others will have it for a political creed that the servitude of an inferior to a supe- rior race is the best condition for both races, and would hamper and par- alyze the government in its struggles for self-existence with new-fangled refinements of constitutional construction. But between these extremes, upon a strong, broad platform at once conservative and patriotic, embodying the principles of the constitution for peace, sanctioning the vigor of Jackson for war, the great body of the people may meet and unite their eftbrts to save all that is so nearly lost. The proper creed for these times is exceedingly simple: The consii/ufion to be applied in the courts, the svjord to be applied to the enemy. Life, liberty and property are secured against everything but the paramount necessities of national preservation, but against these necessities neither life, liberty noi DECLINING CONGRESSIONAL HONORS. 207 property can or ought to be protected. If slavery in any instance or place is in the way of the nation's march to victory, sweep it away; if, on the other hand, slavery in any instance or place is one side, do not let us be diverted by it from our first duty to restore the government and punish traitors. The hearty adoption and faithful application of these principles by the government, with rea onable skill in the field, will save the naiion; and with all this party politics has nothing to do; and while this is the only business of the government, party organizations founded upon differences of civil policy are a hindrance and a nuisance. But the office-holdmg politicians of the republican party have con- demned all these salutary principles, and have thrown down the gauntlet by calling a strict party convention, and nominating a strict and extreme party candidate. Those democrats who have thought it a duty to support the government, administered by republicans, and have advocated the sus- pension of party strife during the war, have done so in good faith, and not as a pretense for sliding into the republican party. The theory that the people choose their officers is one of the best jokes oi this mirthful land. A few politicians in each party fix the two tickets, and the people patiently submit and choose between them, often thoroughly convinced that neither is fit for the place. With two candidates in the field, representing extreme politicians of the opposite parties, a third nomination would greatly increase the bitterness of the campaign, and multiply the difficulties it sought to avoid, unless the people at large were really interested and active in the matter. A call is not the best way to secure this unanimity of action, because it often anticipates public sentiment by forcing it into certain channels; so that while the people might be willing to ignore parties they might be equally anxious to ignore the so-called no-party candidate. A candidate placed before the people by a call from his friends might with great effort and ex- pense be elected; but this would not accomplish the purpose, which is, not to elect some particular person, but to represent the people, and by the moral force of such an election, shame and silence party strife. For these reasons I think it would be unwise at this time to crowd the field with another candidate, and under the present circumstances I feel it a duty to decline your call. I am, gentlemen, very respectfully. Matt. II. C.\rpenter. Frequently, for various reasons good and bad, young couples clandestinely take the marriage vows, but still retain their former names and places before the public. They are nevertheless married. Carpenter, in the foregoing letter, pro- tests that he had not supported the war measures of the 208 LIFE OF CARPENTER. Lincoln administration " as a pretense for sliding into the re- publican party." He may not have realized the fact, but his public actions had already landed him in the very center of the republican camp. The democrats made a congressional nomination, but he supported Potter. * A CHANGE OF FRONT. Politics brings some curious changes in the relative posi- tions of men. In 1848 Charles A. Eldredge delivered a free-soil address at Beloit, and Carpenter, as a democrat, in his first public speech in Wisconsin, combated Eldredge's propositions. In 1862 Eldredge was a candidate of the straight democracy for congress in the fourth district of Wisconsin, and Carpenter went into that section and opposed his election, favoring the elevation of Edward S. Bragg, the Union candidate, then a lieutenant-colonel in the army and leading the boys at the front. In opposing the election of Eldredge Carpenter was assisted by Ichabod Codding, the greatest abolitionist orator in the west, and they together addressed audiences of extraordinary size. At Beaver Dam and Fond du Lac Carpenter spoke alone to immense gather- ings. At the latter place, the home of Eldredge, he was not permitted to retire until midnight. THE IMMORTAL DECREE Carpenter was undoubtedly the first man of note in the republic to maintain that the Rebellion could never be crushed as long as the insurrectionists were backed by the resources of a vast slave population. Therefore, when the emancipa- tion proclamation was issued, in September, 1862, he hastened to publicly approve it and to rally the loyal populace to sup- port it with renewed hope as the great and only measure that could settle for all time the tremendous struggle that was shaking both continents. He telegraphed his congratu- lations, approval and strengthened hopes to Washington, the message to Lincoln being in these words: "The great trans- THE IMMORTAL DECREE. 209 action's clone. Your immortality will be co-existent with that of the Jesus of Nazareth. Nothing but your decree of emancipation could have saved the republic." One of the very first mass-meetings in the country to rat- ify the President's action was held in Chicago. Carpenter was present and made the chief address. As he was one of the earliest, perhaps the first, to urge the adoption of some measure of this kind, and as the proclamation itself is the noblest act of any American citizen, his remarks would be worthy of incorporation here in full if a perfect copy of them were to be had. There shall at least be presented an imper- fect synopsis: We need not necessarily discuss the propriety of, or necessity for, the President's pr'->cIamation. Upon that subject there is understood to have been difference of opinion in the cabinet, hesitation on the part of the Pres- ident; and very likely we should find difference of opinion among the speakers and hearers to-night. But that is not the question. Wise or un- wise, necessary or unnecessary, it has gone forth, and the only question now to be con-idered is, sAall the government be sustained in enforcing it? The ship of state is tossed by angry waves; our liberties, our national ex- istence even, hang on the results of military operations, and the com- mander must take the responsibility of directing wiiat shall and what shall not be done. He may not always do the wisest thing, but we have no hope but in executing, unitedly and without disputation, such plans as the Presi- dent may devise. We are not presidents, not generals, not cabinet officers; the sovereign power of the people is delegated and can not be recalled until the expiration of the President's constitutional term of office; and during that term this grave question must be settled for or against the ex- istence of the government. The necessities of military success require subordination to one guiding mind, and any policy, even the -Morst^ is prefer- able to no policy. We have drifted long enough, and our captain at length "^ indicates a port and orders us to make for it. It may not be the best that could have been selected; there may be shoals in our course, and breakers ahead, but it is certain that we must unite in our efforts to reach it, or go down in the engulfing flood. For one, I propose to go ashore; and after- ward, when delivered from the tempest, we shall have long winter nights and soft summer days to discuss political questions and court-martial the captain, if he deserves it. I would support the measure, even though I thought it unwise, so long as it remains tlie military policy of the country. But I da not believe it tin- •wise. At first it was thought that there was a suppressed' Union, feeling in »4 2IO LIFE OF CARPENTER. the south, and while that was believed, of course it was unwise to overlook the fact. But from all sources we receive the same advice — southerners are bitter and desperate. They can not be won back to duty and allegiance; they are to whip us, or we them. Now the simple question is presented, shall we let them go, see the Union fall, let the Mississippi seek its outlet in a foreign land, or shall we at any and all events vindicate the government, maintain our dominion from the Lakes to the Gulf, and with a firm and vigorous hand put down this most unjust and wicked Rebellion.^ This is the only issue before the people. At this point we may say, in the language of Scripture, " As a man thinketh in his heart, so is he." A broad, distinct line is drawn between the people; and on one hand are those who are willing to sustain the government at all events and by every nec- essary means. On the other are those who support the government " in sort and Itmitaf ion;" -who support it provided their views are carried out; provided the President is willing to go into the ring with his feet shackled and his hands tied by refined constitutional constructions; provided the in- stitution of slavery is held more sacred than the constitution itself; and pro- vided the President will consent to exhaust our means and waste our white men of the north by thousands and millions, rather than let one African escape. The division, in a word, is between those who would support the constitution unconditionally, and those who would support xtonly upon cer- tain terms and conditions. And this proclamation, like the voice of Elijah on the Mount, separates the true from the false. Henceforth, the cavilers in the north must take sides — they must be for the policy of the govern- ment or against it. The rights of property and all other rights must give way, if necessary, before the war power; and this proclamation merely announces the future war policy of the government. First, there is not the slightest doubt that it is the duty of the President to conduct the war to a successful end; if it be necessary to desolate the south, then let the south be desolated — the necessity is our justification. Second, the only remaining question is the necessity of the particular measure, and of that the President is for the present the sole judge. He says it is necessary. I believe it is. The slave is merely property to his master, and our northern objectors say, rather than weaken the south by depriving the rebels of their property, let us 7vaste another million of true, loval men, and a thousand millions in treasure. Considered in this point of view, the question is, upon whom shall fall the expense of restoring the government.? Shall it fall upon the loyal north or the rebel south.'' Are we willing to sacrifice another thousand millions of dollars to protect the same amount to the south in the property of their slaves.' But this is not all of the question — are we willing to send for the other million of our northern men to waste by disease and fall pierced by insurgent bullets.-' tup: immortal decree. 211 I have no language to express my detestation of such a policy. I would not sacrifice my father, or brother, or the son or brother of one of my neighbors, to continue a hundred million Negroes in slavery eternally, much less send another great army from our green fields and comfortable homes to die in southern swamps, and mingle their bones with southern slaves, if the same end can be accomplished by emancipation. Slavery, like every other right of property, should be protected under the constitution; but, when the master rebels against the constitution, he can not use it as a > shield to protect himself in his efforts to destroy the constitution. This make> the constitution give aid and comfort to its enemies. \\ e have this '^ gigantic Rebellion raging and surging around the capital ; we have an Indian war on the border; foreign nations are threatening to intervene, our case is desperate, we need desperate remedies, and I uphold and applaud this proclamation for this reason. It is impos'-ible to foresee all its results. I look upon it in great hope, and with some apprehens'on; I may illustrate by saying it is an overloaded gun, directed towards tiie enemy ; it may kill them, or us, God knows which, I hope not us; but, at all events, and in every contingency, / hold it mv duty to stand by the gun. Returning from Chicago, Carpenter stopped at Racine and addressed a mass-meeting (September 29th), exhorting all lovers of the Union to sustain the President, and to go on with recruiting, as the north had brighter prospects of suc- cess than ever before. Here he prepared an illustrative ticket showing his audience the exact political condition o£ the north. Only Two Parties. Traitors. No N^cutrals. Patriots. At Janesville, on October 3d, he addressed another ratifica- tion mass-meeting. Judge John R. Bennett, who was one of the vice-presidents of the meeting, described the speech as " the ablest ever delivered in Janesville. On the main question of the fozver of the President to issue and enforce his recent proclamations, as war measures, he was convincing and con- clusive ; while, on the propriety and necessity of those meas- ures, he was explicit and unqualified in his approval." At the close of this meeting, a large number of citizens met at the 212 LIFE OF CARPENTER. Hyatt House, and tendered Carpenter an elegant banquet. He thus proceeded over the state during several weeks, making similar speeches to the masses, doing effective service in reducing and preventing conscription by draft. THE RYAN ADDRESS. In August, 1862, the anti- war democrats held a convention in Milwaukee and adopted as a platform or address a docu- ment of great length and greater sedition, known in subse- quent history as the " Ryan Address." It was, without doubt, the most unpatriotic pronunciamento given to the pub- lic in any northern state during the Rebellion. Carpenter at once wrote a " review " of it, which appeared in not only the loyal papers of Wisconsin but those of the entire north. The address declared slavery to be right and the only natural condition for an inferior race, denounced the administra- tion for usurpation of power, denied the authority of the President to suspend the writ of habeas corpus, put the blame for the Rebellion on the north, and generally afforded aid and comfort to the enemy. Although it was a production of ex- treme wickedness and disloyalty, the digestive historian of to-day can see the good fortune that attended its birth; for it added ten-fold to the power and earnestness of Carpenter in his ceaseless efforts in behalf of the Union. After the " review " had been published, a writer, supposed to have been Judge Ryan himself, advised " the boys," as he characterized Carpenter and his followers, to read Jack- son and Washington as the very embodiment of the princi- ples of the " Ryan Address." Carpenter replied to this on September 11, 1862, receiving a letter of thanks from Ed- win M. Stanton, secretary of war. It is too full of history, law and logic for excision from this volume. It proceeds: To the Editor of the Evening Wisconsin : A writer never was more unfortunate, when trying to sustain an un- founded document, than was the editor of the Ne-ws when he tiled to draw consolation from either Washington or Jackson. THE RYAN ADDRESS. 213 The quotations have not the slightest application to the subject; but the whole public life of Jackson is a refutation of Mr. Ryan's address. To say nothing of his Florida campaign, in which he exercised innumer- able imperial powers, which he and his friends justified, not by the consti- tution, but by the necessities of the case, let us come directly to the last war when Jackson had military command at New Orleans, and there we shall find many cases directly to the point, and completely overthrowing Mr. Ryan's theory that the constitution is a regulator of -war, or a guide to the President and his milibiry subordinates in conducting the war. We shall see many things which Jackson did outside the constitution, and how he and his political friends defended his conduct. He first proclaimed martial law, and while it was in force, though after the rejiort of peace had reached the United States, the Louisiana Gazette, a newspaper printed at New Orleans, published a certain article which called from the old hero a communication denying its truth, which he sent by an aiti-de-camp to the offending editor, with a ivrittcn order requiring its in- sertion in the next issue of the paper, and concluding as follows: " I lenceforth it is expected that no publication of the nature of that herein alluded to and censured will appear in any paper of the city, unless tlie ed- itor shall have previously ascertained its correctness and gained fennissioH for tts insertion from the proper source." During this state of things, Ficnchmcn attempted to elude the general's iron grasp, under so-called protections from the French consul at New Or- leans; and Jackson issued an order requirini,' all unnaturalized Frenchmen, ioget/ier with the French consul, to leave New Orleans witiiin three days, and not to return to within one hundred and twenty miles of the cit^' until the news of the ratification of peace should be ollicially published. This order was thought by some to be "outside the constitution;" and they protested against it in an article in the Louisiana Courier (another newspaper of the city), -which protest reads exceedingly like Mr. Ifyan^s address, and denounces the order as illegal and unconstitutional. Thereupon Jackson ordered the editor to headquarters, and compelled him to disclose the name of the writer, Louallier; and then Jackson sent a file of soldiers to arrest Loual- lier. Indignant that his article, which is in the very strain of Mr. Ryan's address, and written to prove that " the constitution provides for all the ex- igencies of war," should be regarded as cause for his arrest Louallier ap- plied to Judge Hall, of the United States court, for a writ of habeas corpus. That worthy functionary, believing, like Mr. Ryan, that the constitution does indeed provide for all the exigencies of war, that the freedom of the press could not be trammeled, and that the arrest of Louallier without proc- ess, in a loyal, state was illegal, allowed the writ. The officer came to serve it ; and Jackson being informed of what had taken place, rushed to meet the ofiiccr, seized the writ of habeas corpus iVom his hand, and detained it; 214 LIFE OF CARPENTER. and immediately ordered Judge Hall to be arrested and imprisoned in the same room with the French expounder of the doctrine that the constitution provides for all the exigencies of war. Now, actions speak louder than words. This is what Jackson did ; and that too in a loyal state; and this he did as a representative of the President, exercising by delegation from tiie then President, Mr. Madison, the Presi- dent's executive power. Turn now to Mr. Ryan's address and see how it is supported by the authority of Gen. Jackson. 1. " We deny the power of the executive to suspend the writ of habeas corpus in the loyal states. We deny that this act, materially changing the laws of the land, is an executive act " Jackson suspended the writ, and then suspended the Judge tvho issued it, and nil this in a loyal state. 2. " We deny the power of the executive to make arrests in the loyal states. * * There are federal courts in all the loyal states with full power and jurisdiction to punish all crimes against the United States." Jackson made arrests in a loyal state; and arrested the judge of a federal court in a loyal state. 3. " We deny the power of the executive to trammel the freedom of the press, by the suppression of newspapers." Jackson trammeled the freedom of the press; and if he did not do it by suppressing the newspapers, it was because the editor, who had heard the lion's roar, did not provoke his paw. Here, then, are three distinct planks of Mr. Ryan's platform, which ex- clude Jiickson from the tents of the democracy as clearly as other portions exclude Douglas. When this address shall be universally applied, and all those shall be excluded vvho do not deny its doctrines or practice its les- sons, Mr Ryan will remain the leader, and the News the organ, of a glo- rious little party, the harmony of which will never be disturbed by any impulsive patriotism. But this is no^ all; not only did Jackson, when exercising by delegation the executive power of the President, deliberately violate these three fun- damental dogmas of Mr Ryan's address, but he, and his friends afterwards in many places, and during many years, in speeches before the people, in loyal arguments, in state paperS; in reports and debates in congress, added the weight of their opinions and their votes to sustain the conduct of Gen- eral Jackson, and thus to condemn the principles of this address. After martial law ceased in New Orleans, the released Judge Hall called the conquering hero before him to teach him that thereafter he must con- duct wars inside the constitution; tnust not trammel the freedom of the press; must not make arrests in loyal states, and a great many other things, all of which can be found in Mr. Ryan's address. Upon this occasion Jackson delivered a long paper in his defense over his own signature, fully justify- THE RYAN ADDRESS. 21 5 ing his conduct, which fills eleven columns of AV/r.?' Rco-istc>\ and every paragraph of which is in deadly antagonism witli the doctrine of Mr. Ryan's address. The judge, however, was inexorable, and General Jackson was fined one thousand dollars, and paid his fine. Subsequently, and alter General Jackson had been President, and had retired to private life, a bill was introduced into congress to refund the fine, upon the ground that the conduct of Jackson had been perfectly proper; and this led to a debate by most of the statesmen of that day upon the very point now under discussion. Robert J. Walker, in the senate, submitted a report upon this subject, in which he said : " The law which justified this act was the great law of necessity ; it was the law of self-defense. This great law of necessity — of defense of self, of home and of country — never was designed to be abrogated by any statute, or by any constitution.''^ Mr. Payne, of Alabama, speaking upon this subject, said : "/ s//all not con- tend that the constitution or la7vs of the United States authorize the declara- tion of martial Unv by any authority 'whatever; on the contrary, it is unkno-Mtt to the constitution or laws." And speaking of the argument that, if the con- stitution did not autho-ize it, the general ought not to declare martial law, he savs: "Who could tolerate this idea.^ An Arnold might; but no patri- otic American could. It may be asked upon what principle a commander can declare martial law, when it is conceded that the constitution or laws afford him no authority to do so. 1 answer, upon that principle of self- defense xvhich rises paramount to all -Miittcn lazv ; and the justification of the officer who assumes the responsibility of acting upon that principle must rest upon the necessity of the case." Mr. Livingston, in a written document submitted by Jackson to the court as a part of his defense, gave his opinion as follows: "On the nature and effect ot the proclamation of martial law by Major-General Jackson, wy ^opinion is, that sAch proclamation is uiiLnozvn to the constitution and laws of the United State-^; that it is to be justified only by tlie necessity of the case." The speech of Smith, of Connecticut, was equally pointed; and we might quote many columns from the discussions of those days equally to the point. Douglas himself made his first great speech upon this subject; but as he is no longer recognized as a democrat, the Ncivs would never foigive my quoting his speech against Mr. Ryan's address. One of General Jackson's letters, in justification of his military conduct, contains the following po-tscript: "It will be recollected that in the Revo- lutionary War, at a time of great trial, General Washington ordered desert- ers to be shot without trial. Captain Reed, under this order, having arrested three, had one shot vjilhout trial; but he (General Washington) repri- manded Reed for not s/iooting t/tc -mIioIc three." 2l6 LIFE OF CARPENTER. After the maturest consideration, congress paid back the fine; and thus was Jackson vindicated by the democratic partj, and by the nation, in the vigorous exercise of power which marked his New Orleans campaign. And how fully and perfectly is Jackson vindicated by the people (the source of all authority), in the universal exclamation that now rises up from every patriotic American heart — "Oh! that Jackson were President to-day!" Washington and Jackson met the exigencies of war, not with statutes and constitutions, but with a healthy application of military law; and, in the proper case, with summary arrest and speedy death. The severity and military vigor of Jackson's New Orleans campaign would end this Rebell- ion in six weeks; hence Breckenridge labored to prove that the war power ■was limited by the constitution. The principle announced by Breckenridge is elaborated, polished, hid in meal, sugared over with an artful expression of conceded truths, in this address, and democrats are bidden to fall dovjn before it. The JVexvs, the organ of this doctrine in Wisconsin, says " /^e boys''' — that is, those who do not believe in it — should read Jackson. Bowing to its authority, and willing to have our democracy corrected if it was at fault, " the boys " have been to-day to the fountain-head of democratic faith, illustrated by practice — not any barren recital of dead dogmas, but the living, ab ding, daily coun- sel and conduct of Andrew Jackson ; and it appears that if this address em- bodies democratic opinions, democracy has sprung up since Jackson went down in the grave. Now, Mr. Editor of the ?lczvs, the above quotations are the fruit of a reading of the times of Jackson, undertaken upon your suggestion. If you know any other father of democracy whose writings you think can be safely relied on to prove that the war power is limited by the constitution, please name him, and "the boys" will search and give you the result of the investigation. Matt. H. Carpenter. REVOLT AGAINST THE DRAFT. 21 7 CHAPTER XXI. REVOLT AGAINST THE DRAFT. On the night before election, in i860, Carpenter delivered in Watertown, Wisconsin, a powerful speech in favor of the elec- tion of Stephen A. Douglas. He was in fine health and spirits, and deeply in earnest. He had never spoken with more warmth and effect. He said his soul was full of apprehension, he could feel danger in the air and smell the smoke of civil war. " Such a war," he cried, " can only be averted by the elec- tion of Judge Douglas, and I think all patriots, irrespective of party, should turn in with their mighty forces to place him in the President's chair, and thus bridge over the terri- ble crisis that is pending." Then, pa3'ing a generous tribute to Douglas, he predicted that if Lincoln should be elected the sound of the recruitincr drum would be heard in Watertown in less than a year. '• But if the first blow of such fratricidal strife shall come from the south — that is, if she shall raise her hand in violence against the government, the flag and the Union — I will, if possible, be the first man in the field in their defense, where I hope I shall meet every one of you, ready to figlit to the last for the banner and the chart of 1776, for ' none can die too soon who die for their country.' " All the prophecies of that occasion were literally fi.ilfilled. Lincoln was, as he anticipated, elected, the fife and recruit- ing drum were heard at Watertown in less than a year, and Carpenter was one of the first " in the field in defense of the Union." But the first call for volunteers did not summon an army which could crush the Rebellion. The business of recruiting, therefore, had to be more closely organized, and the quota of each state was advertised, which in turn was sub- divided into quotas for tlie counties, towns and wards. This brought the matter into definite shape before the large class 2l8 LIFE OF CARPENTER of foreign-born settlers of Watertown and vicinity. The leading German paper of Wisconsin opposed the war, and advised its countrymen to avoid enlisting and resist the drafts. The argument used among the Germans was: "Shall you who have left your fatherland to escape the army and the tyranny of conscription, enter this abolition strife to be butchered for a cause in which j^ou have no interest?" Scores of the foreigners living at Wa^erovvn and vicinity, in- flamed by this seditious reasoning, p opared to return to Europe. Secretary Stanton's " stay-at-home order " ^ had little or no effect. The war leaders, half-baffled, yet determined to win, while the excitement was most intense and the anti-war feeling at its bitterest, telegraphed Carpenter to come with- out delay. Dropping everything he started on the first train — sprung to obey the cry from Macedonia, " Come over and help us." Reaching the city in the early evening he was met at the depot by a large concourse of Union men who conducted him to the center of the place. A dry-goods box was pushed into the middle of the street and an impromptu 1 That manifesto was issued August 8, 1S62, by order of President Lin- coln, and in his great debate on the admission of Georgia, April 18, 1870, Carpenter declared that although "in a mere constitutional sense it was a great outrage, in the higher atmosphere of national necessity was found its justification," and that " a more beneficial act was not performed during the entire war." Observe how strongly this confirms all his doctrines during the Rebellion — that a nation has a right to every means of self-preserva- tion, and that no nation can be destroyed by interposing cgnstitutional ob- jections to the necessary modes of self-defense. The order was as follows: " By direction of the President of the United States, it is hereby ordered that, until further order, no citizen liable to be drafted into the militia shall be allowed to go to a foreign country. And all marshals, deputy marshals and military officers of the United States are directed, and all police author- ities, especially at the ports of the United States on the sea-board and on the frontier, are requested to see that this order is faithfully carried into effect. And thev are hereby authorized and directed to arrest and detain any per- son or persons about to depart from the United States in violation of this order, and report to Major L. C. Turner, judge advocate, at Washington City, for further instructions respecting the person or persons so arrested or detained." MORE GOSPEL OF PATRIOTISM 2I9 choir sang " The Star Spangled Banner." The eflect was marvelous. That stirring air, ringing with patriotism, brought the assembled country folk and the residents of the city, trooping from every corner. As Carpenter observed them appear mysterious!}'- upon sidewalks and corners, the mystic whistle of Roderick Dhu flashed through his mind. Turning to those who sat near him he said: " This is wonderful." A moment later, stretch- ing his hand toward the assembling crowds, he repeated, in exact consonance with the occasion, that extract from the Lady of the Lake which describes how, like the appearance of a " subterranean host," the whistle of the Highland chief " garrisoned the glen." Just as the song died away he finished the quotation and rose to speak. He was greeted at first with some manifesta- tions of disapprobation. In ten minutes that was silenced; in twenty minutes it was transformed into respectful interest, and in half an hour the crowd belonged wholly to the speaker and was swayed at his will. Enemies became friends, the luke-warm became patriotic and the patriotic enthusiastic. Never was a change more amazing. The enlistment rolls were called for. Signatures came with rapid- ity for some time, and before the night was done almost the full quota had been enrolled. More wonderful still, a large number of the volunteers were from among those who, if they had not actually packed their satchels for the journey, had fully resolved to depart for Canada or return to Europe. MORE GOSPEL OF PATRIOTISM. The magnitude of the war-meeting addressed by Carpen- ter on the camp-grounds of the Third and Fourteenth regi- ments, called Camp Hamilton, in 1862, had never been equaled in Wisconsin. The tiirong was entirely in sym- pathy with him, and responded to his splendid tributes and appeals with rounds of applause. There was no phalanx of copperheads to be subdued, and the luke-warm fell into 220 LIFE OF CARPENTER. the line of marching patriots as though led by some irresist- ible power. At the close, of the meeting Carpenter said: " Give me one hundred counties like Fond du Lac and I can put down the Rebellion alone!" This remark contained more truth than may be popularly supposed, for Fond du Lac, first and last, sent a large number of men into the field. From that time he always loved to go to Fond du Lac, and after returning to Milwaukee fi-om the first meeting, exclaimed: " Oh, I had a glorious meeting! I am more en- couraged than I have been for a long time. The war will end all right, and I know it; no country can be defeated whose cause is just and whose armies are recruited by such men as I addressed by the thousand in Camp Hamilton." Thus he went from place to place, swellmg the enlistment rolls, rousing the people to offer more liberal bounties in order to avert the drafts, and cheering those who had already enlisted ; and one who knew publicly observed that " the money earned at intervals in his profession was freely given to the wives and children of those who had gone to the front." Nor did he relax his efforts for the Union until Lee delivered his sword to Grant under the hallowed apple-tree at Appomattox. On the 20th day of October, 1862, Governor Edward Sal- omon appointed Carpenter "judge advocate general of militia for Wisconsin." In the .counties of Washington, Ke- waunee, Ozaukee and Manitowoc the operations of the draft commissioners were being interfered with, and Governor Sal- omon thought to bring into use Carpenter's knowledge of military law. The duties of the office to which he was appointed required him to prosecute at all sessions of courts- martial, any offenders against military laws and regulations. In 1863, especially during the gubernatorial campaign. Carpenter devoted a large share of his time to addressing war and political meetings, appearing at every considerable city in Wisconsin. He supported James T. Lewis, the re- publican or Union candidate for governor, and attacked the A FAMOUS LETTER. 221 heresies of H. L. Palmer's platform with great energy and eftect. Lewis was elected by a majority unprecedented in Wisconsin. A FAMOUS LETTER. Early in 1863 Carpenter received a letter from one of his early democratic friends in Grant county inquiring: "Are you still in favor of a vigorous prosecution of this abolition war, which started out for the sole and only purpose of abol- ishing slavery? It seems to me that it has gone far enough for such an inhuman, unholy and unconstitutional purpose. I wish the readers of the Good Book would carefully read and inwardly digest (and the abolition preachers too) the 25th chapter of Leviticus, which relates to master and servants." Carpenter's reply, which found its way into the public prints, and disconnected extracts from which, five years later, aflbrded a rare feast for C. C. Washburn, the La Crosse jRcpullican, and other opponents of his election to the United States senate, was as follows: • Milwaukee, Feb. 28, 1S63. R. L. Reed, Esq.: Dear Sir — Returning yesterday, I find yours of the 12th instant. Pass- ing its business matters, which I will attend to, I desire to answer your pohtical questions, which I understand to be pointed at me in friendly re- monstrance for the position I have taken upon the subject to which you refer. You speak of the war as having " started out for the sole and only pur- pose of abolishing slavery." This I regard as a very dangerous and fundamental error. The election of Abraham Lincoln, however unwise, was constitutional and binding upon the whole people of the United States. It was, therefore, not an act of war against the south, nor a justifiable cause of war by the south against the government. See the Ryan Address. Yet South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana and Texas seceded from the Union ; the Confederate government was organized, Jeff Davis elected and inaugu- rated President, and forts, ships, public buildings, arms and treasures of the United States, in the seceded states, were seized by the Confederacy before even the inauguration of Lincoln; all of which were undoubted acts of war. The attack upon Fort Sumter commenced actual hostilities before the present administration had passed a law or done any official acts aficcting the rights of the south. This ends the idea that the war was commenced 222 LIFE OF CARPENTER. bj abolitionists for any purpose whatever. Lincoln, in his inaugural, pledged himself to sustain all the constitutional rights of the south ; the senate was democratic, and the republicans were powerless to touch slav- ery, even if they desired to do so. The south, well knowing no overt act of the government would ever be attempted against them, chose to dissolve the Union upon the mere pretext of Lincoln's election ; and, so far as I have heard, not even a southern newspaper has ever assigned an unfriendly or unjust, much less an unconstitutional act of the government against the south, as the cause of the Rebellion. This is the point from which we must take our bearings and departure. Was the Rebellion justified or not in its inception.' This question settled, all else must follow. To say that the election of a President authorized the minority to fly to arms to overthrow the government, would canonize revolt, and no government of free institutions, state or national, could stand beyond its first election, for there must always be a dissatisfied minor- ity. If the Rebellion was not justifiable, then it was not only the right, but the duty, of the government to put it down by m litary force, and to con- tinue the use of force until the proper object, obedience to the coistttutioji, should be fuUv accomplished. And, if this is the duty of the government, then all good citizens ought to aid and sustain the government in the pros- ecution of just such war to a satisfactory and honorable end, whether it continue one year or ten generations. Thus do I deduce the duty of all democrats to support the government, "even unto the end of the world." The position of the party on the breaking out of the Rebellion was most perplexing, and called for the exercise of the loftiest public virtues. We had just passed through a presidential campaign, in which we foretold all that has happened; we warned the country ot the danger; we implored our opponents to moderate their madness; to desist from the fatal scheme of electing a sectional President; to aid us in elevating to the highest seat in the republic, one — since gone to his reward — who could, if it were pos- sible for man, avert the horrors of civil war; who might, if sucii war must come, conduct us safely through it, to a haven of vinion, justice and peace. Our warnings were disregarded, prudence silenced, and from all our great ones, who, though dead, still live, the people turned away, rejected Doug- las and chose one for whom his most sanguine friends have never claimed any other qualification than honest incapacity. As soon as the result was known, the catastrophe hastened. While democrats were smarting under defeat, and before the farthing lamps of the Wide- Awakes were extinguished, the war-cloud we had seen rising, "« do nearer home. In this congressional district General Ilalbert E. Paine, one of the noblest and bravest of men, is running against John W. Carv, Esq., one of the yet impenitent makers of the Ryan address; who would, if elected, do all in his power to paralyze the efforts of the government in prosecuting the war; who would vote for immediate cessa- tion of hostilities, knowing that thereby only rebels would prosper, and disunion and national disgrace would be the sure consequence of such folly. 236 LIFE OF CARPENTER. There is but one issue, and that rises transcendent above all party ties or duties. The government must be preserved by overthrowing this Rebell- ion, or it is immaterial whether democrats or republicans prevail ; for we shall ail be overwhelmed in common ruin. The rebels propose no argu- ment, oft'er no reason. They have appealed from courts, from congresses, from all peaceful arbitranllsnt to the dire trial by battle; and in the field we must meet them or cower and flee before them. There is but one remedy — the sword, luell laid on. I hoped last fall that the democratic party — temporarily all wrong — would rise from its defeat a better and a wiser party. But the event has not ful- filled the hope. The Chicago platform is even worse, because briefer and plainer, than the Ryan address. The democratic party has submitted to circumcision but has experienced no regeneration. It must take one more bitter draught. Democrats who cherish its historic glory, and fiimily be- lieve the truth of its ancient and essential doctrines, must stand aloof from its chastisement and weep four years longer. During that penitential season, its leaders will have time again to con- sider whether they will longer follow the example and share the fate of the Hartford convention of federalists, or return to early teachings, and emu- late the patriotic devotion of their political fathers. Give my greeting to the Union men of Old Green, and I will wait for them to respond at the polls. Matt. H. Carpenter. This letter takes all the stings out of the Reed letter of the year before, regarding both as political enunciations, which they were not. When the Reed letter was written there was no political struggle pending, and Carpenter, unable to smother all his love for those principles which made demo- crats honorable before the days of Buchanan and secession, and hoping, no doubt, to win them from the dangerous paths they were treading, paid a provisional tribute to his early polit- ical tenets; but when the letter to John A. Brigham was written, there was pending a presidential campaign between two parties, standing upon opposing platforms, and he must choose between them. The proviso demanded of the demo- crats as necessary to earn public confidence had been violated or neglected, and he demonstrated his consistency by acting with that partisan organization whose platform and principles came nearest to conforming with his ideas of patriotism and a successful war policy, namely, the republican or Union party. THE ANCIENT SPRINGS. 237 THE ANCIENT SPRINGS. The war-democrats of Rock county signed a letter praying Carpenter to deliver an address at a meeting to be held in Janesville, November 7, 1864. He replied: Milwaukee, Oct. 24, 1864. A. Hyatt Smith, Esq., and others: Gentlemen — Yours of the 221! instant is received, and I most cheerfully accept your kind invitation. Amid the perils and persecutions that assailed the early church, a faithful few remained obedient to the Christian faith; and in loneliness and sorrow, in separation and exile, deserted by leaders, and in perils " by false breth- ren," followed the precepts of the great teacher, knd, strengthened by per- secutions, rallied and advanced to evangelize the world. Democracy, the hand- maid of religion, whose golden rule — equality of rights, and the greatest good to the greatest number — second only, in sublimity and beneficence, to the golden rule of our holy religion, is now suffering its trial season; and our faith in truth, in ju^tice, and in the intel- ligence and patriotism of the great masses of the people, is our only guid- ing star amid the gloom that surrounds us. They who ought to have been our leaders, whose counsels should have pointed the democracy to the war path, are crying peace, disgraceful, disastrous peace ; beckoning the democ- racy away from the field of duty, danger, and glory, and leading us with unerring certainty to the graves where federalism and whiggery are rotting in their shrouds. In their platform, in their speeches, from their press, no word of cheer, no hopefulness, no exultation; no word of encouragement to our brave army; no pledge of assistance to our tormented government; no condemnation of rebellion and treason. The faction that controlled the Chicago convention belied the history of our party, and disgraced its name. It has no claim to the support of democrats. Where is the young ardor of patriotism, the hopeful endeavor, the "public defiance" of danger, that made the glory of democracy, and challenged the admiration of the world? Gone — all gone. And instead, we have in the platform an indict- ment of our government as bitter as Jeff. Davis could draft; we are told that circumcised brokers are the only proper guardians of the labor and muscle of the country; that Grant, Sherman and Sheridan must stand aside, and negotiators, red, not with blood, but tape, must lead our armies; that the white flag is our proper ensign ; and that these rebels, who have betrayed and ruined our party, and threaten to overthrow the government, must be soothed and entreated; and if they must be enveloped in smoke, it must proceed not from the fire of battle, but the pipe of peace. Democracy has at all times held other language to its own and the nation's enemies. 238 LIFE OF CARPENTER. To all this craven crying for peace let me quote from the eloquent, patri- otic and soul-moving speech of Hon. Jonathan E. Arnold in the Janesville convention a year ago. Speaking of the idea that we must hold out the olive branch of peace to these rebels, Mr. Arnold said: " Now, gentlemen, how utterly futile is any such idea.' Hoiu disloyal any such proposition. Will the south listen to offers of peace.' Who has intimated it.' What public paper has proclaimed it, or what leading statesman of the south has sug- gested it.' Not one. On the contrary, they have said no terms of peace would ever be listened to except based upon the recognition of their inde- pendence. Why., then., should lue hold out the olive branch of peace? In addi- tion to what they have said, there is the undeniable fact that they have an immense army in the field which must be put down if this Rebellion be ever crushed." And again, " What we want, then, is to whip the enemy; that is to be done by soldiers in the field. Hence I say it is zvrong to talk of ending this Rebellion by propositions of peace. I trust in God the time will come when we may hold out the olive branch, but that must be after Charleston and Mobile have been taken and the army of Virginia has been ■whipped^ It is understood Mr. Arnold has left us, seeing his duty at present in sup- port of McClellan and defense of the Chicago platform; but, thank God, he has not taken this noble speech -with him. That remains to uSy an imperishable lesson of patriotic duty, which it should be our highest ambition to cherish and execute. I will be with you on the 7th of November. Then we will consult together of our duty in these perilous times, renew our pledge to the only faith, and drink again at the ancient springs. Matt. H. Carpenter. He was present as promised and made a rousing speech. RECONSTRUCTION — NEGRO SUFFRAGE. 239 CHAPTER XXIII. RECONSTRUCTION — NEGRO SUFFRAGE. Carpenter was able to take but little part in the campaign of 1865. lie was engaged in the Ilasbrouck, suit and in de- fending ex-Governor Edward Salomon in the action brought, as we have seen, by John Druecker, of Ozaukee county, for alleged false imprisonment. While not thus engaged, he was in Washington attending to his railway litigation. However, he attracted the attention of the statesmen and jurists of the republic by a series of interrogations upon Negro suffrage and the reconstruction of the south. Brigadier-General William T. Sherman, upon invitation, was present at the Wisconsin state fair held at Janesville. On the evening of September 29th, at the close of the fair, a ban- quet was given in his honor. About a hundred distinguished men were present. Governor James T. Lewis presided, with General Sherman on his right and Carpenter on his left. Numerous toasts met with patriotic responses, Carpenter being called upon to reply to " The loyal American people, always faithful to the Union." He had a noble audience — generals, governors, ex-governors, United States senators, philosophers, judges, politicians and patriots — and his utter- ances secured profound attention. Indeed they were so re- markable that a petition numerously signed was dispatched praying for a copy of them for publication. After declaring that he spoke for the people, being neither a partisan nor a politician, he said: One of the war-democrats of Wisconsin, I enlisted as a priviite in the great Union organization formed to sustain the government in the vigorous prosecution of the war, and the war being over, I am entitled to an honor- able discharge, and to be mustered out of the service of that organization. I have not yet applied for re-admission into the democratic party, from which I was expelled with indignant emphasis, on suspicion of the un* speakable and unpardonable crime of patriotism. 2 10 LIFE OF CARPENTER.. Then, paying a splendid tribute to the people who, in agony and bloody-sweat, had carried the nation safely through all its trials, he took up the great subjects of recon- struction and Negro sutfrage, addressing himself pointedly to Senators Howe and Doolittle, who were present. He held that the southern states, by their treason and rebellion, had gone out of the Union — destroyed their former governments and become public enemies, which, upon being conquered, were liable to be reconstructed and governed in any manner deemed advisable by the conquering power. This being his first discussion of those stupendous questions which sub- sequently made him famous — his theories becoming the reconstruction policy of the federal government — a portion, at least, of his original reasoning should be preserved: It is said and admitted that the constitution declares that the general gov- ernment, and its relation to the states, and their relation to it, and to each other, as fixed by the constitution, shall remain forever, and that it is a crime to change those relations. But is it true that a crime against the constitution can not be committed? The constitution forbade, but did it prevent the Rebellion? Is it true that a state of things established by com- petent authority must remain until changed by the same authority? It is said the last order General Banks gave on the Red River was to form the line of battle; is that battle line still existing, and will it require an act of congress or an order from General B;mks to remove it? The state com- mands us to do no murder; does it follow that no murder can be committed, or that the state can not regard and punish it? It is true that treason of an individual is contemplated and punished by law; it is true that rebellion by a state is not contemplated ; but does it follow that rebellion by a state can not be regarded, and all its consequences must be disregarded because its precise punishment is not fixed by law? Suppose the state of Mississippi alone had rebelled, and persisted in war until the state was completely des- olated, depopulated ; would the barren and unoccupied square miles geo- graphically called Mississippi remain the state of Mississippi within the meaning of the word state as used in the constitution ; and would those square miles have remained in precisely the same relations with the gen- eral government as the state of New York? There is another subject, which, from its exceeding importance, ought to be mentioned in this connection; and, although a candidate would as soon see the devil as hear any allusion to it, the people are anxious to hear their senators discuss the question of Negro suffrage. RECONSTRUCTION — NEGRO SUI^FRAGE. 24I Are the freedmen to be admitted en masse as voters upon all subjects, and made eligible to the highest offices of responsibility and trust? Such are not the precedents of history. The old Roman who manumitted his slave, struck off his gyves, clothed him in white and placed the cap of lib- erty upon his brow. He was then a freeman, but not a citizen of Rome, though he might thereafter become a citizen. But suppose we of Wiscon- sin are all in favor of Negro suffrage, all vote for it here; how are we to regulate the subject in Mississippi.' Can the general government declare who shall be voters or eligible to office in the state.-' Must not that subject be regulated by the state itselt, if we intend hereafter to have any states.' It is idle to contend for mere general principles or abstract and barren declarations of right; we want some practical views leading to practical ends. This subject must be met by our statesmen, and must be treated in a manly and statesmanlike way. It is useless to appeal to our prejudices; we can not be intimidated by denunciation, nor silenced by an adjective. The war has induced a new state of things; those who were slaves are now freemen. Many of them will accumulate property; all must be subject to some government having civil and criminal jurisdiction over them. To say that his property should be taxed to support the government, and his person drafted into the army to defend it, and yet he shall have no voice in making the laws, nor vote upon the question of peace or war, nor have protection for his person and property, is to say that he shall remain a slave in fact, no matter by what name called. But suppose you could give the freedmen the right to vote; is not the right to sue (to say nothing of the privilege of being sued), the right to testify as a witness in courts of justice, and many other things, as indis- pensable to the Negro as the right to vote.' Can the general government compel the states to perform these necessarj' things.' Suppose these un- welcome provisions were forced into the constitutions of all the southern states, who is to expound and administer them? Would you not thus secure to the freedman a barren and useless declaration of his rights, and leave the states to regard them as they pleased.' To carry these provisions into practice, would it not be necessary to abolish the machinery of state govern- ments, and for the general government to take to itself all local as well as general administration; and would not this concentrate power to such an extent as greatly to endanger popular liberty .' By the basis of representation as fixtd by the constitution, five slaves were equal to three freemen; so that the south will gain two-fifths in representation by the abolition of slavery. Ought the southern states to represent millions of freemen who have no voice in the government.' Would a state in which the number of black freemen exceeded the number of whites, and which was represented only by the whites, be such a repub- lican government as the constitution makes it the duty of the Union to 16 242 LIFE OF CARPENTER. guaranty to each smte? Could not the houses of congress exclude senators and representatives thus elected by a minority of freemen? The people are strongly attached to the doctrine that every state has the right to regulate its own affairs and determine who shall and shall not con- stitute a part of the state community, and vote or be eligible to office. But when a state has settled this question for itself, it must abide the result of that determination in all its federal relations. If South Carolina decides that the blacks of that state are not citizens, though born upon her soil, then she should not be permitted to represent them in congress. This is a matter that concerns the Union at large, and the Union may therefore settle it. Would not the Negro, if thus rejected by the states, become the -ward of the government, and, like the Indian, be entitled to claim its protection.-' Could not congress legislate for him in all his relations, secure to him the wages of labor, and fix the conditions upon which he may become a citizen of the United States.^ This would involve the necessity of establishing national courts for administering justice between black and white men. What else is the Freedmen's Bureau.' The constitution provides for no such thing, but it has been forced upon the government by the necessity of the case. Justice must be administered between black and white men upon terms of absolute equality; contracts must be construed and judgments enforced re- gardless of the complexion of the parties; and both or neither must be per- mitted to testify in such causes. The objection most likely to be argued to this view of the subject is, that it is not provided for by the constitution. But does not this objection apply equally to every remedy that has been suggested.'' Revolutions go forward; public men and public policy must look to the future and not to the past. The constitution was framed with great wisdom for the then existing condition of things. It regulated public and private rights grow- ing out of the institution of slavery. But we are all agreed tliat there shall be no more slavery; and the constitution must be amended to suit this altered state of affairs. Our whole system rests upon the theory that the states are tj be trusted with local adniinistration over their own citizens. This can not be disregarded without demolishing the whole fabric of our nationality. This principle is the corner-stone upon which everything rests. But may it not be preserved, and the constitution be so amended as to give the gen- eral government control over the Negro as it now has over the Indian.' Provision might be made that whenever any Negro should be admitted to citiz--nship in the state in which he resided, he should be thus transferred to state jurisdiction. Our own slate constitution provides that whenever an Indian shall separate from his tribe and adopt the habits of civilized life, he shall be entitled to vote. Would not this arrangement strongly in- duce the southern states to admit Negroes to citizenship, as rapidly as con- sistent with domestic interests, and at the. same time accomplish more fully THE VOTA%.IES OF "MY POLICY. 243 than any other method the great duty we owe, and can not disregard with- out national disgrace, of protecting these freedmen who have shed their blood in defense of the nation's existence, against the mahce and oppression of their angry and baffled masters? THE VOTARIES OF "MY POLICY." In 1866, the country was excited over the conflict between President Andrew Johnson and the Union (republican) party in congress as to reconstructing the states lately in rebellion. James R. Doolittle, elected by the republicans to represent Wisconsin in the United States senate, had " Johnsonized." Ex-Governor Alex. W. Randall had also "Johnsonized," and both were receiving the peopie's anathemas of indignation. Both attempted to defend themselves, and in a public speech Randall declared the friends of congress dare not meet the friends of Johnson in public debate. Thereupon, James B. Cassoday, A. M. Thomson, Ithamer C. Sloan and other leading citizens petitioned Carpenter to meet Doolittle for joint discussion. He answered: Milwaukee, Sept. 10, 1866. A. M. Thomsox, Esq, and others: Gentlemen — Yours of the 8th, in regard to a pubUc discussion between myself and Senator Doolittle, is received; and, in reply, I would say that on any day after the 25th inst., and before the election, it will give me pleasure to comply with your request. I am principally induced to accept your invitation because I regard it as a matter of justice to Senator Doolittle. The loyal Union men of Wiscon- sin, who elected Mr. Doolittle to the senate, believe he has betrayed them; while he claims, I believe, that he has not changed, but the fcople have deserted him. A public discussion before an audience composed of all shades of political sentiment is the best and fairest occasion for determining whether the senator or the people have taken the side-track in politics; who is true and who is false to the principles we all advocated during the war. Therefore, should Senator Doolittle desire such discussion — as I have na doubt he -will — I should feel bound to accommodate him, under the peculiar circumstances. Again, I regard discussions, where different speakers are brought face to face, as the fairest method of conducting any canvass. It is necessary for the people to hear and consider both sides before they can form an intelli- gent judgment. The issues presented during the war were not more important, or even vital, to our national existence and to civil liberty itself, 244 LIFE OF CARPENTER. than those which constitute the problems of peace. The people must settle these questions; thej hold the destinies of the constitution and the Union. It is for them to say whether unrepentant, unpardoned rebels and traitors are the safest repositories of the power ot the government, or whether they should be invited — nay, compelled — "to take back seats " in the recon- struction of civil governments. It is for the people to say whether the congress shall remain the law-making department of the government, and the President the executive of their will, as expressed in the laws passed by them, or whether congress shall hereafter be regarded as a voluntary con- vention of individuals "on the verge of the government," whose acts only are valid when they echo the will and perform the bidding of the President. It has ever been the American theory that power is more safely lodged in the many than the few — in the congress than with the President. But all this is now questioned; and the President in his late tour — in which he has seen fit to turn the sad solemnities of a funeral into the violence of a political raid, thus giving the people fresh cause for regretting the death of Douglas, which has furnished such an unfortunate occasion — the Presi- dent is cautioning the people against the danger of tyranny and despotism from the representatives of their own selection, asserting that nothing but his virtue has prevented his becoming dictator long since, and assuring the people that he is their friend, and the only safe repository of public confi- dence and political power. So Augustus consummated the usurpations that his kindness had commenced, with the sword, and overthrew the liber- ties of Rome under the forms of law. So Cromwell first declared the par- liament an illegal body " on the verge of the government" and then dispersed them with bayonets. So Napoleon, as first consul, gradually acquired all power and subverted the liberties of France. It is for the people to con- sider whether the President, in his protestation that the people are enslaved, and he is their friend, laboring for their emancipation, is acting sincerely and wisely, or playing the role that all usurpers have played since Ca;sar crossed the Rubicon. These are mighty considerations, pregnant with good or evil for us and for all generations. By all means give the senator a chance to satisfy us that what we believe to be truth is really falsehood; that what we deem security is really danger; that congress can not be trusted and that the President can be; that loyalty is unconstitutional and traitors entitled to seats in congress and the cabinet. It is due to him, due to ourselves, due to justice and civil liberty, to hear all that can be said. The senator is the President's special representative; he will speak by authority. It will therefore be in his power to allay a painful public apprehension of future danger if the fact be otherwise; and if, after a full hearing and fair chance, he fails to do this, his failure will be of public service by tending to arouse the people to guard against or meet and overcome future troubles. Very respectfully, Matt. H. Carpenter. IMMORTAL LOGIC. 245 J Mr. Doolittle also received a petition begfji"^ him to meet'' Carpenter. He declined, but issued a circular just as he left the state, which called out this reply: Milwaukee, Sept 11, 1S66. Messrs. B. B. Northrop and others, Racine: Gentlemen — I have received wliut purports to be a printed circular pub- lished by Hon. J. R. Doolittle, in which he addresses you as follows: " Gentlemen : — Your note is received asking me to join in a political dis- cussion with Matt. H. Carpenter, Esq., of Milwaukee, upon the policy of reconstruction maintained by the administration and the National Union party. " Mv engagements to speak in the states of Indiana, Ohio and Pennsylva- nia will render it impossible for me to make any such arrangement. " I am not a little surprised ihat Mr. Carpenter's name should be used, for not long ago, in Washington, he indorsed, in the most unequivocal terms, the President's policy, and urged me to stand firmly by him." I can well conceive that the senator would be surprised to hear that any man had changed his political views. I well remember my own surprise when the senator turned his back upon all his former opinions and profes- sions and went over to the republicans; and my still greater surprise when he abandoned the Union organization that had elected him to the senate and went over to the camp of his "captured " copperheads. But in this in- stance the senator's surprise is manufactured for a purpose. The senator's chronic habit of publishing private conversations involves nothing but a breach of good breeding, but it is something worse when, as in this instance, the conversation has to be first invented. I never ex- changed a word with Senator Doolittle in regard to the President's policy — approving or disapproving; I never urged him to stand firmly by the President; I never requested him to desert and betray the President, as he surely will when treachery becomes more profitable than fealty, and the state- ment of his circular in that behalf »s utterly untrue. Considering, however, the result that has followed the senator's mission- ary labors in Maine, I think it would be unwise to throw any obstacle in the way of his stumping Indiana, Ohio, Pennsylvania and such other states as it may be convenient for him to visit Respectfully yours, Matt. H. Carpenter. IMMORTAL LOGIC. As all efforts to induce any of Johnson's supporters to meet Carpenter failed, a paper containinj^ the signatures of hun- dreds of influential citizens was sent to him, asking " the pleas- 246 LIFE OF CARPENTER. ure of hearing his views." He replied favorably, and appeared at the Academy of Music in Milwaukee on the evening of Oc- tober 4, 1866. There was present a brilliant audience — the wealth, beauty, patriotism and brains of the community. In that speech he outlined the arguments subsequently made in the McCardle case, and laid down the principles on which all the reconstruction acts of congress were based. In the light of succeeding events it was a remarkable address. He delineated the policy of Johnson and that of the Union members of congress so clearly that a child ten years of age could understand either. Johnson's plan was to admit the senators and representatives of the de facto governments of the lately rebellious states, ask no questions about the past, require no guaranties for the future. The plan of con- gress did not recognize the President as having authority in the premises, but formulated an amendment ^ to the United States constitution, which the rebellious states must ratify before re-entering the Union. Carpenter argued at length that " the constitution in no instance clothes the executive with power over or a right to interfere with the states. That whenever that power is granted, it is vested in the govern- ment of the United States, and not in the President." Further: When Lee and Johnston surrendered, the usurping state governments were overthrown and the people in those localities were left without any state corporations. This was one of the "extraordinary" occasions mentioned in the constitution, in which the President would have been justified in calling an extra session of congress. * * Congress would have made such laws as the occasion demanded, and it would have been the President's duty to execute them. * * Instead of this, he assumed to control this matter according to his individual views, and proceeded without sanction of law to dictate to the southern states the terms of re-admission. * * Congress met and thought other terms should be imposed ; and he, instead of yield- ing gracefully to the people as expressed by congress, * * attempted to defy their laws by vetoes ; and denouncing their leaders as traitors, appealed to the people to sustain his usurpations. I The fourteenth amendment, subsequently adopted, but suggested by Carpenter more than a year before. IMMORTAL LOGIC. 247 He then, after quoting the decisions of the ablest judges in America to sustain his theory that the President had no power over the states, proceeded to examine the conditions congress proposed to impose upon the south preparatory to re-admission to the Union. He claimed that congress, under the constitution, had this power beyond a doubt, the only question being as to the wisdom of the conditions. He argued : In 1S62 and 1S63 there was in Ncrth Carolina a de facto state govern- ment — and but one; making laws, administering justice, exercising all the powers of a sovereign community, and actually levying war upon the United States. No~m -was that state government of North Carolina during those years, and -while so levying war, entitled to be represented m congress. > It was certainly not the same state government that became a member of the Union by ratifying the constitution, and remained in the Union until sometime in i860 or 1861. On the contrary it had supplanted the old state government in every respect. Its officers were sworn not to support, but to overthrow the constitution of the United States. It had no relations, and under its constitution could have none, with the United States. Every officer of that state government would have been guilty of treason to it, had he performed any of the duties towards the United States that the con- stitution of the old state government enjoined upon its officers. The new state had never been admitted into the Union; and of course could not be, tor its constitution was in deadly antagonism with the constitution of the Union. The new state government was formed upon the ruins of the old, and instead of claiming fellowship with the Union, had applied for and re- ceived admi-^sion into another de facto confederacy of states which was at war with the United States. To overlook the fact that eleven sivch states existed, exercising sovereign authority over eight millions of people, with a well-defined territory held in hostility to the United States, and were actually waging against our government, the most gigantic war of modern times, merely because it was unconstitutional for them to do so, would have been the blindest devotion to an idea the world has ever seen; a devotion better becoming a monk in his retirement, or a lunatic in his cell, than a statesman charged with the prac- tical administration of political affairs. When the southern states declared their purpose to go out of the Union, we raised an army and poured out treasure and blood to prevent their doing what they threatened to do. If those states had determined to pull the sun down from the heavens on a day named, and leave the Yankee land in darkness, we should not have raised an army to prevent it. We should have reposed upon the knowledge that the thing was impossible. But when they threatened to divide the dominions of our government, and 248 LIFE OF CARPENTER. take one-half, nearly, into another independent nation, we raised an army to prevent it; because this act, though wrongful and unconstitutional, was, nevertheless, possible. We fought to prevent this wrong, and succeeded. The dominion of the United States to the Gulf is vindicated, established for all time. But the terrible result of the struggle, the desolated fields, burned towns, ruined commerce and three hundred thousand graves of loyal soldiers, though unconstitutional, are existing facts. And the mere theory that the constitution forbade all these things, can no more resusci- tate the dead state governments, which were destroyed by the madness of their people, than it can recall to life our " noble army of martyrs " now sleeping in southern graves. No government, no constitution can prevent the fact of murder, rebellion or treason. But a government may, and the United States has, vindicated its authority, and may visit penal consequences upon the criminal of- fenders. It would be a strange plea in bar to an indictment for murder or treason, that the constitution and laws have forbidden such an offense; therefore, in legal contemplation, it could not be, and of course has not been, committed. Illustration of our subject may be found in the uniform practice of the government in admitting territories as new states. When a territory has the requisite population, it becomes the duty of congress to admit her as a state. But suppose congress omit or refuse to perform this duty ; can the people without an enabling act form a republican state government, and then, can the President so recognize it as a state as to entitle it to rep- resentation in congress without the consent of congress.' Again, we have seen that the United States must guaranty — that is, take care — that every state has a republican form of government. Suppose, now, that a constitutional convention should be regularly convened in New York to change its constitution, and that this convention should declare Charles O'Conor king (the wisdom of that selection would redeem the folly of the act) with power to name his successor, and with power to ap- point and remove at pleasure the members of the legislature and the judges of the courts, and should in every respect change the government of that stale into the form of a monarchy, without, however, interfering with the United States, or nullifying any act of congress; without impeding the post- office or hindering the collection of the revenue; and after ratification by the people, King Charles I, of New York, should be crowned. In such a case the duty of the general government lo interfere would be plain. But ■what could the President do until congress should pass some law upon the subject for him to execute? The condition of the states lately in rebellion is the same. Having established, as he thought, the power and expedi- ency of imposing conditions upon the south by congress, IMMORTAL LOGIC. 249 Carpenter approved the conditions as described in the reso- lution for the fourteenth amendment, then pending. He de- clared with great emphasis in favor of unrestricted suffrage for the Negro, saying: Disguise it as you will, the late war was fou2:ht between freedom and slavery, and, as was to be expected, freedom triumphed. As a consequence, four million slaves, more or less, have become freemen. * * To admit them, degraded by life-long slavery, to the right of suffrage, without edu- cation or discipline of any kind, is a severe trial of our American principle. But there is no alternative. They must be admitted or the principle upon which all our institutions rest must be abandoned. * * We now have a practical test. If we say the principle is unsound when absolutely ex- pressed; that certain limitations must be imposed; certain persons excluded, then come the questions. Who shall be excluded.-* What shall be the standard of admission to the right of suffrage? If you go back on the gen- eral principle, no man can say where disqualifications will end. Different rules will be established in different states, and in the same state at differ- ent times, as one faction or another gains ascendency, and tlie American principle, the corner-stone of our political philosophy, will be gone forever. * * But of all possible tests, the most absurd would be that of com- plexion. * * The property of the black is equally subject to taxation and his person subject to draft in time of war as that of the white man. Why should not one as well as the other have a voice in selecting the offi- cers by whom his property is to be taxed, or in determining the question of peace or war? * * For one I believe in the democratic dogma upon which our institutions rest; for one I am willing to follow w-here demo- cratic principles lead. If a principle be sound in itself, sound as a principle, and a Negro comes within it, I say good for the Negro! * * All gen- eral truths, all democratic maxims, must be of universal application, as the sun shines upon the just and the unjust. * * I am satisfied liberty is a bless- ing, and that all free men ought to have a voice in their government. I am ready to stand by the experiment of extending these principles to all races and all nations. I look upon the future with confidence, and hope to live long enough to see universal truths universally applied; to see free black men exercising equal civil rights with white men; to see Irishmen governing their own land as Englishmen govern theirs. * * Let all who love liberty, all who believe all men should be free and every nation inde- pendent, labor together. Let us applaud this amendment to our own con- stitution which congress has proposed in the interest of universal liberty, and whenever and wherever we can speak a word or give a vote for truth and justice, liberty and equality, let us do so, trusting that in God's gi-od time these principles will bear fruit in every clime and ransom every people. 'SO l;fe of carpenter. The broad and noble doctrines of this speech were widely published, though the newspaper synopsis of them was no more like the real eflbrt than a skinned and disfigured saw- log is like the symmetry and majesty of the lordly pine. They were read and approved in every community, and contributed as much as any other influence to insure the rati- fication by the states of the fourteenth amendment. Carpenter was now the most popular man in the state, and every night until the day of election addressed, in all the leading cities, audiences greater than his voice could com- pass. He was followed everywhere by a perfect ovation, the entire loyal or Union population turning out to hear him urge the election of the Union candidates. THE DEMOCRACY AGITATED When he came before the public clearly and boldly in espousal of the policy of congress and the republican party, violent commotion was observable in the ranks of the John- son democracy. He not only became the target for a lively fusilade from democratic orators, but received raking broad- sides from their newspapers. They had not simply lost a vote or an eloquent voice, but something far more important. Hundreds and thousands of democrats who had been estranged by the Rebellion were supposed, after its close, to still entertain such kindly feelings for the old party as, if left uninfluenced, would lead them back into its ranks. These were following Carpenter like sheep. Towering above the multitude, as the glittering snow that crowns the highest mountain-peak rivets the eye and guides the footsteps of the benighted traveler, his clear logic illumined the way and led the patriotiabut wavering democracy over to repub- licanism. Those who understand the methods of partisan journalism will not, therefore, wonder at the quality or the volume of the attack on him by the opposition newspapers. He was for some time referred to by them as the " Belial of Radicalism." But he was riiana matter was under discussion in the senate, and, in replying to remarks of Judge Thur- man, Mr. Carpenter defended Judge Durell and commended his course." This is untrue, as you mi^ht have seen by examining the Coji^rcssi'onal Globe before publishing this falsehood. That debate was on the introduc- tion of Morton's resolution directing an inquiry, and before the facts of the case were known ; and the debate turned entirely on points of law touching the power of employing the troops as a. fosse comi/a/ris, and the jurisdiction of federal courts under the reconstruction acts of congress. I neither de- fended Judge Durell nor commended his course. (4) "At the time he introduced his bill providing for a new election in Louisiana, Mr. Howe, his colleague, presented an amendment that, pending the new election, the Kellogg government should be recognized. This was opposed by Thurman and others on the ground that it would be a congres- sional recognition of an usurpation. The amendment was successful by a majority of one, and it is noticeable that Carpenter voted in its favor, thereby carrying it." -28o LIFE OF CARPENTER. Who or what should be the government for the few days during which an election should be held was a matter of small practical moment. I thought the more logical way was to leave the old Warmoth government; but Senators Howe, Hamlin, Sherman and others would not vote for the bill without the amendment, but would support the biil with the amend- ment. Regarding the amendment as of no practical consequence, I con- sented to it and voted for it, hoping thus to pass the bill and secure an election, which was the practical end in view. Having disposed of these specific misrepresentations, let me state the fact: In December, 1872, the Hon. Caleb Gushing called on me and retained me to assist him for Kellogg, to argue the question of the power of the supreme court of the United States to issue a writ of prohibition to a cir- <:uit court of the United States in an equity case, prior to a final decree in the circuit court. I examined the question fully and devoted considerable time to prepara- tion for the argument, and afterwards Mr. Cushmg and myself argued the case, and it is reported in 17 Wallace Reports, 64. As Mr. Gushing had retained me and knew what I had done, I consulted with him as to what my charge should be. He named $3,000, and said he ■would send my bill with his own, and, when he received the money, would pav me. I suppose he did send my bill, because the first money I received was part 01 a remittance from Kellogg to Mr. Gushing, which Mr. Gushing forwarded to me. The balance of my bill was paid at different times — the last $500 in December last. All I charged was $3,000, and that was all the money I ever received from Mr. Kellogg, and that, I understand, was appropriated by the legislature. I wrote several letters to Kellogg asking for money, and he gave various reasons for the delay, but never objected to the amount charged. The Milwaukee Ne-Ms of the 30th ult. has the following : " New Orleans, Sept. 29. — The following is a copy of Senator Carpen- ter's letter to Governor Kellogg, taken by the New York Tribune cor- respondent from the original. A great deal of difficulty was found in obtaining it, owing to the unwillingness of some of the conservative leaders to use it against Carpenter: "'Dear Kellogg: I am desperately short. Can't you send me $1,000.'* If so, it would be a God-send. Yours truly, '"1st Aug., 1S73. Matt. II. Carpenter.'" In reply to this letter, if my recollection serves me, Mr. Kellogg sent me $500, and promised the balance, $5(X3, in a short time, and did finally pay it in December last. All my letters stolen from Kel'.ogg I give full permission to have published. My friends in New Orleans need not have the slightest fear that their publication will harm me. The question I was retained to argue had nothing to do with the merits THE FLOOD-GATES OPENED. 281 of the Louisiana case, and it might as well have arisen in a suit to fore- close a mortgage as in the Kellogg suit. My ser\ices had been performed, the case decided, my bill rendered, and my connection with the case entirely ended, before any proceedings were either taken, or expected to be taken, in congress. Senator Morton after- wards, on the i6th of January, 1S73, introduced a resolution directing the committee to inquire into the condition of affairs in Louisiana. I was on that committee, and Mr. Morton was its chairman. A majority of the com- mittee came to the conclusion that Kellogg had not been elected, and was a usurper, and reported a bill for a new election. I drew the report made by the majority against Kellogg, and Mr. Morton made a minority report, holding that Kellogg was legally the governor of the state. This was February 20, 1873. The bill for a new election was debated in the senate, and I made two speeches in favor of its passage, and the bill was defeated by only one or two majority. At the late session, on the 6th day of February, 1874, I introduced another bill for a new election in Louisiana, and made two speeches in favor of its passage — one on the 29th and 30th of January, 1874, ^"*^ '^^ other on the-4th of March, 1874 — both of which may be found in full in the Congressional Record. No one who will examine my record on the Louisiana matter can be made to believe that I was bribed by Mr. Kellogg; as everything I have said and done in the premises, in the senate or before the people, has pro- ceeded upon the ground, and been intended to prove, that Mr. Kellogg was not the legal governor of the state, and had no right whatever to that office. And the attempt to injure me in this particular is only a part of the general conspiracy to " get even " with me, without regard to truth or justice. Matt. H. Carpenter. A letter from Samuel F. Miller, associate justice of the United States supreme court, may be quoted, simply to illus- trate the noble defenders had by Carpenter against his per- sistent defamers: Washington, Oct. 9, 1874. My Dear Carpenter: — I think you are the best slandered man in the United States, if a close observation of current newspaper gossip is any evi- dence of the attention you receive in that way. On my way home from St. Louis, I found the papers filled with the story of your being bribed in the Kellogg case. If there is any man in the United States who has done more than any other to influence public sentiment against Governor Kellogg, it has been you, in your report and speeches in the United States senate. How absurd, then, to charge that, because you received a fee from him as a lawyer, to 282 LIFE OF CARPENTER. appear for him in the supreme court and argue against the jurisdiction of ■vvhicli Warmoth sought the exercise against Kellogg, you are therefore bribed, and are a corrupt senator. The case was a very important one, and was so regarded by the court; and the service which you rendered the court in arriving at a sound con- clusion was very useful to us. The sum of $3,000 was by no means an unusual or undeserved fee for suck services in suck a case. It is long since I have sought to mingle in the strife of politics. It is a thing for which I have a great distaste. But I should esteem it both a personal and public misfortune if the state of Wisconsin should fail to recognize the value of your services, and to retain you as its senator, until you ha-ve done something worse than receive a reasonable fee for valuable services in the supreme court of the United States. * * * I am your friend, (Signed) Sam. F. Miller. THE POLAND "GAG-LAW." As to the so-called " Poland gag-law," Carpenter did vote for it.^ As a part of the slanderous ooze he was compelled to stem, this law may be examined. In 1870, the police court of the District of Columbia was established. It was given exclusive jurisdiction of certain criminal matters. That is, no other court in the district could try the class of cases named in the act. As this court was constituted without a jury, the supreme court held that it had no constitutional jurisdiction, as the sixth amendment guaranties to the ac- cused a trial by jury. Therefore, certain crimes committed in the District of Columbia could not be tried at all. To cure this demoralizing state of affairs, the Poland law was enacted, in June, 1874. ^^ simply transferred jurisdiction of the cases which could not before be tried, to the criminal court, which had a jury. The common people, not knowing the defect it was in- tended to cure, not understanding that it was a necessity to prevent a saturnalia of crime in Washington, were made to be- lieve that Carpenter had " devised a gag-law by which he 1 "An act conferring jurisdiction upon the crim nal court of the District of Columbia, and for that purpose." WASHBURN AND HOWE. 283 could prevent the exposure by an untrammeled press of his wicked practices." The argument by which such a belief was established was to the effect that Carpenter could sit in his ofHce at Washington and bring to that city, upon a trumped- up charge of libel, every newspaper publisher in the United States — a power that muzzled the press. As we now see, he could do nothing of the kind. Baser depravity in politi- cal misrepresentation was never known.' WASHBURN AND HOWE Notwithstanding the declaration of C. C. Washburn to Carpenter (mentioned in the letter to Henry C. Payne) that he should not be a candidate, he, nevertheless, through his newspapers and friends, was busy securing support. This led to the writing of many letters to Senator T. O. Howe, Carpen- ter's colleague, asking which of the two should be chosen. Mr. Howe answered these letters in favor of Carpenter. In one to John D. Markham, of Manitowoc, under date of November 24, 1874, ^^ gave his reasons at length, which were published. After a generous tribute to Carpenter's ability, he spoke of the two men together: In fact, one seems to be on trial, while the other is not. To elect Wash- burn is to say that Carpenter is guilty. To elect Carpenter does not say that Washburn is guilty, but only that Carpenter is not guilty. But is Carpenter guilty.'' Guilty of what.'' Not of that vague, nebulous, flaccu- lent, turgid fog of reproach, under which some opposition newspapers have tried to bury him for a few years past. He is already acquitted of that. He is acquitted of that by the senate, which made him its presiding officer. He is acquitted of that by the crowds of our fellow-citizens who have * In January, 1875, the senate committee, consisting of Geo. F. Edmunds, Roscoe Conkling, Fred. T. Frelinghuysen, Geo. W. Wright, Allen G. Thur- man and J. W. Stevenson, in reporting the scope of the Poland law, said : " No person can be brought mto the District of Columbia under it, either for libel or any other crime. The committee are of opinion that both sec- tions of the act are necessary and proper, and in perfect accordance with the principles of justice and of civilized jurisprudence. Without provisions of this character the District of Columbia would be an asylum for oflenders committing crimes against the laws of the United States and escaping hither." 284 LIFE OF CARPENTER. gathered to hear him speak in the name of republicanism during the past autumn. He is acquitted of that by every decent man or woman who ad- mits him to the parlor or who bows to him on the street. He must be acquitted of that by every man who is not willing to expose his own char- acter to the remorseless corrosion of that subtle, but spumy slander against which the most exalted character is helpless. Of what was daintily termed the " back-pay steal," Mr. Howe said: If the people never mean to forgive a mistake in a public servant, then they can not consent to Mr. Carpenter's re-election. Nor can they consent to the election of Gov. Washburn. He made the same mistake, as is well known, in 1856. Public justice has sometimes been subjected to the reproach of imposing penalties for an offense committed by one and excusing the same offense committed by another. But public justice was never so blind as, having two men at its bar at the same time and equally delinquent, to crucify one and crown the other. But while this vote is remembered against Mr. Carpenter, some things should be remembered to his praise. When he was elected to the senate 6ix years ago, many thought the party assumed a grave risk, on the score of his fidelity. But for six years he has been faithful even where others, more trusted, have been faithless. He has kept all the instructions the party has given him. When he has erred, he has erred for want of instruc- tion. Moreover, durmg his first term he has achieved the first honor of the senate, and he has done as much to distinguish Wisconsin and to distinguish the west as any one whom the west ever sent to Washington. And while I do not mean to disparage the efforts of others, I think no one man has done so much as he in the late canvass to rescue the republican party in Wisconsin from the defeat which surprised it one year ago. We ought to be just if we can not be generous. THE COMBAT DEEPENS Having rendered effective service in securing the election of a republican legislature — eighty-one republicans to fifty- two democrats — Carpenter returned to Washington, where congress was in session. There he remained until sent for by his friends after the legislature had convened, which it did January 13, 1875. Washburn and a stud of "dark horses" were present, all working, as the}' had been during the autumn, against Carpenter. Washburn, however, was the THE COMBAT DEEPENS. 285 only formidable competitor. That he was in the field at all occasioned some comment among Carpenter's friends. In 187 1, when he desired to be elected governor, he wrote a letter • to Jeremiah M. Rusk, of Vernon county, upon which Carpenter and Howe and their friends helped him to the coveted nomination and election, expecting in return Wash- burn's good offices in their behalf if they should be candi- dates for re-election to the United States senate. Later than this Washburn personally assured Carpenter that he should not be a candidate against him. That these promises were not well kept was not the chief surprise in store. As soon as the legislature had convened, it became apparent that a majority of the republican mem- bers favored the re-election of Carpenter. When, therefore, it seemed clear that no intrigue, attack or combination could prevent his nomination, a majority of the supporters of Washburn - announced that they should not enter the caucus, 1 This is the letter : La Crosse, April 17, 1S71. Dear General: — Your favors of the 12th inst. have been received. If I am to be a candidate for governor, I want it to be with the approval of my late colleagues, and of the leading men of the state. I should esteem highly a nomination that did not have to be fought for, but any other I would not have. As to the senator ship, you can say that I shall ner'cr contest for that fosilton against either IIoT-ve or Carpenter. I have had my contest with both of these gentlemen, and I do not care to renew it. If I am to be a candidate for governor, I had rather that the press in the eastern part of the state should initiate the movement, if they are so disposed. I hope to see you here be- fore long, when I can more freely talk these matters over with you. Truly yours, C. C. Washburx. 2B. M. Coatcs, B. F. Washburnj J. R. Rowlands, Ole Anderson, Kearton Coates, S. L. Nevins, John Bradley, Frank Leach, D. E. Welch, R. C. Field, Charles Dunlap, John Schuette, Marvin Osborne, J. E. Newell, Rob- ert Mitchell, J. B. Dwinnell, Marcus Barden, L. W. Barden, N. D. Com- stock and L. S. Chase, all republicans, refused to enter the republican caucus. They issued an " address," stating among their reasons for such action, that the time of liolding the caucus did not suit them, and that " At the time of our election we were either pledged to oppose the re-election of Mr. Carpenter, or it was understood between us and our constituents that wc would do so." They did not, by refusing to enter the caucus, make their opposition to Carpenter felt in the usual and legitimate way, but sim- ply broke loose from ordinary party usages. 286 LIFE OF CARPENTER. and at the joint meeting of the two houses they should bolt and prevent Carpenter's election. This was not gener- ally believed. Carpenter himself laughingly cast the an- nouncement aside, saying Washburn, who had profited by family harmony, would not permit his friends to partici- pate in political treason. The press of the state, almost without exception, denounced the originators of the plan, and called upon Washburn to set his foot at once upon the neck of the uncoiling serpent of rebellion. The Milwaukee Evening Wisconsin begged him to come to the front, as it was believed he could, and prevent a rupture of the party, and possibly the election of a democrat, by throwing his in- fluence and that of his friends for Carpenter, the same as Carpenter would do if Washburn should receive the caucus nomination, saying: " Washburn has received repeated nom- inations and elections through the action of party discipline, and he is not the man to -pull down tJie Jwuse which he Jias built Thus, with the public atmosphere weighted with the threats of Washburn's supporters and with the appeals of the entire party against them, the caucus of the republican members was called to order in the senate chamber at 8 o'clock P. M., January 22, 1875, ^y Senator Horatio N. Davis, of Beloit. Senator John C. Holloway was chosen chairman and S. A. Harrison and Rockwell J. Flint were made secre- taries. Senator John B. Quimby's motion for a viva voce ^ vote was carried, and then Senator Henry D. Barron, of Polk, presented Carpenter for re-election. He said it was the desire of every public official to serve his country and his constituents to the best of his ability, and he thought those assembled around him could not more fully gratify that ambition than by returning Carpenter to the senate. " Not one of us," he said, " could travel in any of the states of this Union, during the senatorial agitations of this year, without hearing eulogies uttered and admiration daily ex- 1 This is the first time the friends of any senatorial candidate in Wiscon- ein ever felt strong enough to have a viva voce vote. THE COMBAT DEEPENS. 287 pressed in connection with his name. Words concerning him are such as were heard in the days of Daniel Webster. Carpenter has made Wisconsin known throughout the hind. He has impressed the country with the thought that such a senator must have an intellectual and discerning constituency." Gen. George E. Bryant, a senator from IMadison, was not personally favorable to Carpenter, but in a speech of some eloquence declared he was compelled to vote for him: I give my vote for Carpenter to-night, because the lovers of universal freedom throughout the United States demand it. I give my vote to Car- penter, because my old comrades in arms, soldiers who served with me in days that tried men's souls, and showed of what metal thev were made, demand it. I give my vote to Carpenter, because the great industrial interests of the northwest demand it. I give my vote to Carpenter, be- cause four millions of loyal citizens, from whom Abraham Lincoln struck the accursed shackles of slavery, demand it I give my vote for Carpenter, because I believe the intelligent sentiment of my district, the men who make and mould public opinion, demand it. And lastly, I give my vote for Carpenter, because duty — earnest, stern and conscientious duty — de- mands it. The informal vote showed fifty-nine members present and voting, as follows: For Matt. //. Carpenter — Henry D. Barron, Robt. H. Baker, George E. Bryant, H. N. Davis, Wm. H. Miner, R. L. D. Potter, \Vm. P. Rounds, T. D. Weeks, Andrew Barlass, Thomas Baker, Nat. M. Bunker, Zeb. P. Burdick, G. H. Calkins, J. G. Callahan, D. M. Coleman, Geo. H. Crosby, W. II. Dakm, Lem. Ellsworth, N. C. Farnsworth, S. S. Fifield, W. J. Fisk, T. L. Halbert, John Harsh, M. S. Hodgson, George Hunter, N. L. James, Wm. J. Kershaw, John Leigh, Hiram Merrill, Thomas O'Neill, J. W. Ostrander, B. Schlichting, Charles Scofield, E. M. Sharp, R. D. Smart, Rouse Simmons, J. II. Thomas, Isaac W. Van Schaick, Geo. H. Guern- sey and Fred. W. Horn — 40. For C. C. Was/ibitrn — Bleekman, Campbell, Quimby, Scott, Abrams, Adams, Jackson, Jeftrey, Marshall, Nelson, Plocker, Robinson — 12. For Horace Rublec — Holloway and Flint For L. S. Dixon — Caskey and Harrison. For W. E. Smith — Jones. For Lucius Fairchild — Lloyd. For W. P. Lyon — Beach. The formal ballot then resulted in forty-four for Carpen- ter (S. A. Harrison, O. R. Jones, Wm. Plocker and J. C. 288- LIFE OF CARPENTER. Holloway having joined his supporters), and on motion of Senator Quimby the nomination was made unanimous with great enthusiasm. The caucus adjourned after the chair- man had appointed a committee to notify Carpenter of his nomination. "As the news of tlie result became known, the crowds about the capitol were wild with joy, and the great- est enthusiasm was manifested in all directions. The assem- bly chamber was packed with ladies and gentlemen, awaiting the result and expecting a speech from Carpenter. After a short time the committee appeared, and the sight of the nominee was a signal for the liveliest demonstration of ap- plause. It was several moments before quiet was restored so that he was able to speak. Senator Barron then intro- duced him as the 'regular republican nominee for United States senator.' This was followed by unbounded ap- plause " ^ — so vociferous, in fact, that no report of his re- marks could be made. He said that six years before he had taken this same stand and pledged himself to do his duty as United States senator. He expected to fall into mistakes, and though his expectations had been realized in this respect, he still claimed he had redeemed the pledge to the best of his knowledge. He harbored no malice for the abuse he had received nor felt resentful toward the bearers of false charges. He was indeed proud of the re-nomination, but less proud of it than of the continued success of his party. Wisconsin was almost the only state that emerged from the late election with her head above the waves, and he im- plored all who pretended to be republicans to drop petty per- sonal prejudices and do whatever would best promote party and public welfare. PRESSURE FROM HOME. The following day was Saturday. A majority of the members scattered over the state to their homes, and to min- gle with their constituents. The bolters met the appeals of 1 Wisconsin State. Journal^ January 23, 1875. PRESSURE FROM HOME. 289 the solid republican press (with one or two unimportant ex- ceptions) and of the multitude of loyal republicans, to do as the party had always done and stand by the caucus nomina- tion, since it was one of the fairest ever made, and re-elect Carpenter. But, having remained away from the caucus in Washburn's interest and with his sanction, and in order to be able to say with technical truth, that, not having partici- pated in its proceedings they were not bound by its acts and conclusions, they gave greater heed to the blandishments of the democrats — who immediately organized foraging expe- ditions for raiding the republican camp — than they did to the strong and unanimous appeals of their own press and constituents. They returned to Madison on Monday, and began to mingle and counsel freely with the democracy. Day after day, and night after night, as the subsequent dead-lock con- tinued, by all the wanton political posings their genius could suggest, they invited the democrats to seduce them or join with them in some adulterous liaison, defiantly violating all political and party laws, for the avowed purpose of destroy- ing the lawful offspring of their own household by begetting something they knew to be wholly illegitimate. But this was not all. Disreputable intrigue and disgrace- ful alliance, with their numerous ramifications, did not cover the sins of the bolters. They or their abettors resorted to such falsehoods and forgeries as, in public or private busi- ness transactions, would have sent the offenders to the peni- tentiary. The democrats called a caucus for the ostensible purpose of making a party nomination, to meet simultaneously with the republican caucus, already described, on Friday, Janu- ary 22d. Having met and organized, they were informed by a committee of republican bolters that the aid of the de- mocracy was desired in consummating a breach of political law and usage unparalleled in the history of Wisconsin, and so adjourned until the following Monday evening. At that »9 290 LIFE OF CARPENTER. time, the caucus re-assembled with closed doors. S. U. Fin- ney, of Dane, said he had been assured that twenty-one of the bolters would stand firm; that adjournment had been had for the sake of " eflfecting an alliance with the dissatisfied republican faction," and that no action should be taken that could not at once be rescinded, if necessary. John A. Barney, of West Bend, said he had "the success of the reform party at heart, but he had been assured by the bolters that the defeat of the ' Young Lion of the West ' ^ would forever disrupt the republican party, and therefore he would be willing to meet them half-way in their laudable ■work of destroying their own party." He also said the bolters claimed that, while " one of their number would never vote for a democrat, and one was slightly shaky, twenty of them would vote for almost any liberal man the reformers might agree upon." He thought E. S. Bragg, of Fond du Lac (who had been a general in the Union army, and, al- though then a ^/^^-sZ-democrat, had been the regular republi- can candidate for congress against Charles A. Eldredge), would suit the bolters. Bragg was therefore chosen as a compHmentary or trial candidate, to be withdrawn whenever those who had orcranized the bolt and sent word to the de- mocracy that they desired help to " defeat Carpenter and destroy the republican party," should demand it. THREATS MATERIALIZED On the following day, January 26th, as reqiiired by law, the two houses voted for United States senator. In the senate Carpenter received thirteen and in the assembly forty-six votes, making the fifty-nine who participated in the caucus. O. R. Jones was absent. He would have voted for Carpenter, giving him sixty votes — two-thirds of the entire republican portion of the legislature. The remaining votes were scat- A ilescriptive sobriquet given to Carpenter by Geo. W. Peck, of Pecfi's Still, Milwaukee, and which was his popular nickname until the day of his death. MISCEGENATION. 29 1 tered between C. C. Washburn, E. S. Bragf^, Horace Rublee, Orsamus Cole, J. T. Lewis and H. S, Orton Thus the vote stood, with but slif^ht variation, during ten long, stormy days — days full of suspens(|| sorrow, bitterness, supplication, agony and hatred. All the power of the entire republican party, press and officials of the great state of Wisconsin during this time was turned upon the few bolters who were blockading the election and injuring the part}- that had given them office, but with no more ellect than had the Arab Sheikh's appeal to the sphynx to save Egypt from the invasion of Napoleon.' MISCEGENATION. Finally the president of one of the great railway corpora- tions of the northwest appeared on the scene. It was well- known that for other than political reasons he was anxious 1 For instance, Senator Nevins, Washburn's brother-in-law and a leading bolter, received this letter from Angus Cameron, who was not a candidate, but subsequently became Carpenter's successor: " La Crosse, Wis., Jan. 24, 1S75. "To Senator S. L. Nevins, Senate, and Assemhlyman John Brad- ley, AssE.MBLY, Madison, Wis.: "Without any desire to dictate, and without presuming lo direct what should be done in reference to the existing complications in regard to the senatorial contest in Wisconsin, the undersigned take the liberty, us repuh- licans who huve a stronger respect for the rrpublican farty than for any per- sonal considerations^ to say, that, so far as we have ascertained the general sentiments of republicans here, they are in favor of maintaining, in all its in- tegrity, the organization of the republican party, through primary meetings or caucuses and conventions, and acquiescing in their decisions as to the nomination or choice of candidat.s for election to oflices which are sub- ject to political or party action. "On this basis the republican party has hitherto acted; and now, when the result of a republican legislative caucus has been clearly expressed, wc are of the opinion that to bolt the nomination -will establish a dangerous prece- dent, and virtually break- up or seriously impair the usefulness or ejficii ncv of the republican organization; especially when ^ the bolt^ is identified with or countenanced by those who are generally regarded as devoted friends of a prominent fellow-citizen [Washburn], who, through this partv organization, has olten been elected to positions ol influence, honor and trust, winch iie has honored with distinguislud fidelity to public interest. " Respectfully yours, Angus Cameron," and others. 292 LIFE OF CARPENTER. to effect Carpenter's defeat. The year before, in his speech at Ripon on the " Power of Legislatures to Control Corpora- tions of their Own Creation," Carpenter had sustained the constitutionality, necessity and sound public policy of the principles of the Potter railroad law, which was especially obnoxious to the railway corporations of the state. Before that he had taken advanced ground against the aggressions of corporate monopolies and in favor of legislative control of railways. This railway president suggested Angus Cameron, of La Crosse, as a compromise candidate. Mr. Cameron was an attorney for the Chicago, Milwaukee & St. Paul Railway Company. He would therefore be satisfactory to the railway interests. With this statement of the case from the wealth- iest citizen, most powerful railway magnate and foremost dem- ocrat of the state, a conference of bolters and democrats was secretly held on the night of February 2d, while a storm of snow and wind was raging without initerrific fury, blockad- ing railways and prostrating telegraph lines. Cameron's name was then presented. It was satisfactory to a majority of the bolters, but most of the democrats spleened against him. He was a strong republican. The railway magnate's desire and indorsement, however, together with the fact that he had voted in a previous legislature against the Graham liquor law, were sufficient to solidify the fragments, and on the following day, February 3d, at noon, to the great surprise of everybody not in the secret, Angus Cameron received sixty-eight votes — one more than a majority — and was de- clared elected. He received the solid democratic vote, and the votes of sixteen republican bolters.^ 1 Senators, John Schuette, of Manitowoc ; L. W. Barden, of Porta:ge ; R. C. FieU, of Osseo, and S. L. Nevins, of La Crosse. Assemblymen, Ole Anderson, of Vernon; Marcus Barden, of Columbia; John Bradley, of La Crosse; Terry S. Chase, of Winnebago; Noah D. Comstock, of Trempea- leau; Charles Dunlap, of Walworth; John B. Dwinuell, of Columbia; Frank Leach, of Winnebago; Robert Mitchell, ot Marquette; James E. Newell, of Vernon; Marvin Osborne, of Rock; John R. Rowlands, of Columbia, and David E. Welch, of Sauk. "eating crow. 293 It must be mentioned that James R. Doolittle, whom Car- penter had previously handled without gloves for "Johnson- izing," was present and contributed to the defeat. Before the coalition, and in public speeches after the election, he vouched to the democrats for the soundness of Camei^on's democracy, and doubtless procured some votes that would not otherwise have followed the unholy bargain. He had his revenge, but Cameron was not then, never had been, and is not now, a democrat. lie is one of the most unswerving re- publicans, and nothing to this day will so thoroughly agitate and disgust Wisconsin democrats as to cry Angus Cameron in their ears. Nor has he been the tool of the railways in the senate. At about the same time Carpenter was defeated by an ugly little faction of bolters, Zach. Chandler, in Michigan, and Alexander Ramsey, in Minnesota, were overthrown in a similar manner. The wickedness of these three mutinies is established by the judgment of history. General Ramsey soon became secretary of war. Chandler was elevated to the senate with increased confidence and power, and Carpenter, at the very next opportunity, was re-elected, and b}?- the votes, too, of some who before composed the bolters. Minority factions can, it is true, by revolting and standing between the people and the people's choice, sometimes suc- ceed in defeating the popular will and making themselves notorious; but their work is yet to receive the unerring judg- ment of time and the approval of the masses. It is alwa3's better for the minority to yield gracefully to the majority; otherwise strife and chaos could never end. •'EATING CROW." Several days before the caucus was held, the assembly adopted a resolution asking Washburn and Carpenter to publicly discuss certain leading issues of the day. Remem- bering, doubtless, the result of a similar proceeding six years before, Washburn promptly declined, and Carpenter, out of 294 LIFE OF CARPENTER. courtesy for his competitor, did the same, promising, how- ever, to address the public upon the questions mentioned, " after the senatorial caucus, whatever might be the result." This promise he cheerfully fulfilled amidst the sackcloth and bitterness of defeat. On Wednesday evening, February 3d, he was introduced by Senator H. D. Barron to as many as could crowd into the assembly chamber. He began by say- ing; " I hail you as friends. The conqueror is attended by satraps and unwilling subjects; the captive is attended only by voluntary friends." He reviewed the fall campaign, the caucus, the dead-lock, and, coming down to the bolt, said: Then followed what is very unusual, and what I trust will not occur again in our state, nor in any state that has a republican majority; a por- tion of the party seceded from the regular organization and organized a coali- tion with the democratic party. The substance of that arrangement was to sell me out. I thought it was a mistake on the part of our friends, upon the principle that, when you have a good thing, you ought to keep it. But, under the circumstances, if I was to be sold out, I certainly had no right to object to the price demanded, which was the -whole democratic party of the state. I am very happy to say this evening that I am to be succeeded in the senate by no man of doubtful political sentiments, nor by any one who will fall into democratic practices. Mr. Cameron is known as a true and tried republican. I have seen this afternoon what I am informed is the platform upon which he consented to be elected. As I now recollect it, there is not a word in it that would not be indorsed by every republican senator in the United States. This coalition was negotiated by a somewhat famous mas- ter — by the greatest political merchant of modern times, James R. Doo- yttle. He first sold the republican party to the democrats ; but he has now squared the account by selling the democrats to the republicans. The con- sideration that was expected to be realized by the democrats for this trans- action and transfer was the defeat of the republican party in next fall's campaign. Now, we have but one thing to see to, and that is, considering the immoral contract, they be not permitted to get the consideration. Having presented all the great issues of the next presi- dential campaign, and advised the bolters to forget all their hatreds and present an unbroken front in 1876, he dwelt with great force upon the growing strength of cor- porate capital, and declared the legislature must not abandon THE SWEIiTS OF ADVICRSITY. 295 the principle of controlling corporations of its own creation, explained tiie destructive reign of anarchy and blood in Louisiana — upholding the action of President Grant — and pictured the duties of all lovers of their country, closing the address with this slirring appeal: Some say the mission of the republican party is ended. You might as well say tha*. the mission of the church is ended, because the Bible is pr nted. As long as there is a wrong to be righted, as Ion ; as there is any privi- lege of citizenship to be protected, the mission of the republican party will exist. Let me implore you all, as republicans, having accomplishtd the purpose you had in view in separating into two bodies, to come back into camp, come to the common flag, and shoulder to shoulder march forward to the execution of our common purpose. THE SWEETS OF ADVERSITY At noon on February 4lh, the day following his defeat, a telegra:ii was received in Milwaukee stating that Carpenter had left Madison and would reach home at four o'clock. It was instantly reso'V2d that there should be some demonstra- tion of weLome on the part of his fellow-citizens which would show that his defeat had not lessened the esteem in which he was held by neighbors and friends. A large con- course of citizens gathered at the depot. It was then learned that the train, owing to the storm that had been prevailing for some days, was over an hour late. The crowd, includ- ing the leading residents of Milwaukee, waited patiently in the storm, growing rather than decreasing in size. The long platforms were literally crowded. At last the snow-laden train — a picturesque sight, like a vast snow-drift on wheels — drew up. " Three cheers for Carpenter!" broke from every throat, and such a shout as might be expected when a multitude is delivered from de- struction, went up. As Carpenter issued forth from the cav- ern of snow, another cheer was given. He was accompanied by Edward Sanderson, Henry C. Payne and Angus Smith, 296 LIFE OF CARPENTER. friends and admirers, each of whom was greeted with cheers. The crowd surrounded them and surged toward the sleigh that stood in waiting. He had hardly entered it before the horses were detached and a rope nearly one thousand feet in length was fastened to the vehicle. Every inch of it was seized by those anxious to do homage to the defeated chief- tain and rebuke those who wickedly consummated his overthrow. The struggling crowds that were unable to grasp the rope thronged the street and sidewalks, shouting enthusiasiically. Thus the party moved toward the center of the city, pre- ceded by Bach's military band. As the cosmopolitan pro- cession marched along, increasing as it moved, cheers and shouts rose above the music of the band. Finally, a halt was made in front of the Newhall House, more than a mile from the point where the horses were detached, and then the multitude cheered louder than ever. Carpenter rose to acknowledge the ovation, but his voice was lost in the tem- pest as though he were a chfid attempting to drown the tumult of Niagara. At last, after repeated motions to be silent, the applause subsided, and he said: Fellow-Citizens of Milwaukee: — There is nothing that I would not gladly do, to-night, to let you know how I appreciate this expression of friendship. You know I have been defeated; you know I have no more favois to dispense — not even a postoflice. I must express my nstonish- ment, therefore, at such an audience on such an occasion. Gentlemen, I can not make a speech, to-night, but, in consideration of this demonstra- tion, I will speak to you at the Academy of Music, before my return to Washington, to return to you my sincere thanks for the friendship you ex- press this evening, and to explain to you how this little job was done. At the close of his remarks, three cheers were given and repeated, and then another round for " Matt. H. Carpenter, the next President of the United States." He dismounted and entered the Newhall House. A gen- eral struggle to reach him then ensued, and for some time he stood hemmed in, shaking hands with the multitude. His face was flushed with pleasure, his eyes sparkled with THE SWEETS OF ADVERSITY. 297 animation, and his replies to the numerous groetin<^s were cordial and rollickini:^. The concourse seemed to so thor- oughly enjoy the occasion that it was discovered that some steps must be taken to bring the extraordinary demonstra- tion to a close. Therefore, the senatorial part)'' with extreme difficulty elbowed through the crowd and descended the stairs. On reaching the door, the cry arose, as with one voice, "Take the rope, take the rope!" Carpenter then saw that escape was impossible, that he was literally "in the hands of his friends," and that the surging assemblajre would listen to no terms of capitulation. His voice rang out in hearty laughter as he was lifted like a child into the vehicle, which, preceded by the band as before, was drawn by the people to the residence of Edward Sanderson, a half-mile distant. Along the route the sidewalks were alive with people, and from the windows and doorways of almost every house, ladies waved their handkerchiefs and men cheered for " Matt. Carpenter." When the party arrived at Mr. Sander- son's residence, the crowd refused to leave until Carpenter came out and made another speech. After repeated cheers, he appeared on the steps, and said: Now, gentlemen, let me return my sincere thanks for this demonstra- tion of your kindness, and on Tuesday night next I will speak to you at the Academy of Music. Good night, gentlemen. Three cheers were again given " for the next President," and the crowd slowly dispersed. No Wisconsin man in victory, and no other man in the Union in defeat, ever returned home to a more spontaneous, extended and heart-felt ovation than this. No participant will ever forget it, and it probably would have been an easy matter to find two thousand people claiming they grasped the rope that drew Matt. Carpenter's sleigh through the snow-drit'ls on that cold, stormy February evening. 298 LIFE OF CARPENTER. A CONFIDENTIAL TALK. According to promise, Carpenter addressed a public meet- inn- in the Academy of Music, on Tuesday evening, Febru- ary 9, 1875. "It was announced that the hall would be open at seven o'clock. By six o'clock the crowd had commenced gathering, and at half-past six the space in front of the build- ing was covered by a throng of pe )ple; and, finally, when the doors were opened, they went in with a rush that was actually perilous to human life; and still, in all parts of the city processions might have been seen movmg towards the Academy. Within five minutes after the doors were opened every seat was taken, and in an incredibly short time every foot of standing-room in the gallery, in the aisles and in the lobby was occupied. The stage was filled early in the evening, and it became necessary to lock the stage entrance to save room enough for the speaker. Hundreds came, looked and went; and as they went, met hundreds still com- ing, confidently expecting that they might fare better." ^ He was introduced to the multitude by Governor Harrison Ludington. Portions of his speech may be quoted to show how he talked with his friends confidentially: My Friends: — We have met, not to sorrow and mourn, not to mingle our tears over defeat, nor yet to console disappointed candidates. In the presence of an enemy an army can not stop to mourn or even bury the slain. In the great movement of the people toward the accomplishment of our mission as a nation, accidents are to be expected, here and there a tem- porary check will be received, here and there a victim must fall. But let the dead past bury its dead. We live in the present; we live for the future. What is done, is done; let by-gones be by-gones — move on the column. I have come here this evening for two purposes, mainly: 1. To return my thanks to the people of Milwaukee; and 2. To beseech my personal friends here and elsewhere in the state to ^^ smooth th ir ■wrinkled front,^' get into temper, and get into line, to win the next political campaign. I came to reside in Milwaukee in 1S5S. I had resided in the state ten years before that, but was almost a stranger here. I was welcomed and ' Milvjciuhce Sentinel, February lo, 1S75. A CONFIDIC.NTIAL TALK. 299 kindly treated by the bar, and by many of our most excellent and distin- guished citizens. In all the vicissitudes of life which have since come to me, as they come to all, I have found the tenderest and most cordial sym- pathy. At the graves of two of my children I have been surrounded by •warm hearts and moist eyes. While the slanders and detractions were b ing heaped upon me by political enemies because I was a steadfast and ar- dent supporter of the present republican administration, the people of Mil- waukee defended me, stood beside me, offered their sympathy in "kindly words," and, last fall, when I was a candidate for re-election, they elected six sound republicans, in six assen-.bly districts, every one of which elected a democratic member the year before; and when I returned to the city the other night, in defeat, all my personal ambition covered with sack-cloth and ashes, a large crowd of our best people met me at the depot, in most in- clement weather, and braving the fury of a wintry storm, received me with a warmth of friendship that might gladden the heart of a king. This is the verdict of the people among whom I have resided for sixteen years. I know no words tliat can convey the depth of my gratitude; but, my friends, you must not think I do not feel it because I can not express it. And to my friends all over the state, what can I say ? To the people of Rock county, who as one man almost, rallied to my support, what can I say? Nothing but thanks, thanks, thaxks! Now, my friends, let us look to the future. And because the only safe lamp to light our path is that of experience, let me inquire what it was, that, despite the earnest support of such friends, accomplished my defeat. It is not to complain of the past but to point out the shoals upon which future political mariners may be wrecked, that I refer to this matter. My defeat is attributable to two causes, (i) We have a Washburn among us; and (2) I had offended capital in defending the rights of the people. Washburn entered the field in violation of his voluntary written promise not to do so; got fairly beaten by a viva voce vote in the caucus, bv which he promised me, on the Wednesday before the caucus, he would abide — then helped to organize a bolt; his brother-in-law, Senator Novins, of La Crosse, leading it, his newspaper, the La Crosse Republican and Leader, defending it, and his nephew, the son of Elihu B. Washburn, advocating it. Politi- cians are rather indifferent as to the means by which a man achieves polit- ical success. But whoever makes such an attempt in violation of solemn promise, gets fairly beaten on ground of his own choosing, and then bolts, will not be very favorably regarded. But Washburn alone could not have accomplished my defeat. His effort was seconded by the Chicago, Mil- waukee & St. Paul Railway Company. It is a little discouraging to reflect that, by standing by the rightS^6f the farmers, I not only incurred the enmity of the monopolists, but the farmers themselves and their representatives be- came the instruments which the monopolists wielded for my defeat. Gran- gers enough voted against me to have elected me had they voted the other 300 LIFE OF CARPENTER. way. The monopolists stand by their friends; the people, too often, do not. And he who stands up for the rights of the people must make up his mind to the chance of being slaughtered by the people whom he has saved, while those who take grounds against the people and in favor of monopolies may expect to enjoy fat fees, and very likely even the support of the people whose rights they have ignored or betrayed. But they who prefer principle to place will take and abide their chance; and if they go down, their places will be filled by others, the blood of the martyrs becoming the seed of the church. ********** My friends, in conclusion, let me appeal to you specially — you who have stood beside me beneath a storm of unparalleled detraction and abuse, you who labor always for the success of the republican cause, you who repre- sent the life-blood, the living principles, the muscle, the hope and the en- ergy of republicanism — to forget the personal disappointments involved in our late defeat, and to rally once more, and always and everywhere, to crush the heresies to which the democratic party is committed; to carry your flag into the storm of every battle until the people can be rallied to the protection of their dearest rights, and such traitors to the people and to liberty as James R. Doolittle may be laid in political graves to know no resurrection. Don't scold and wrangle and scowl; don't lose confidence in the people, whose sober second thought is always right; don't forget that amid all the reverses and mutations of human affairs God calmly sits on his throne; that truth will ultimately prevail over falsehood and the right vanquish the wrong. Stand by the flag, wrap the mantle of human rights a little closer about you, close up the ranks, cheer your comrades, and whoever your leader may be, "keep step to the music of the Union," which is our asylum and citadel and the citadel and asylum of human rights. That portion of the speech devoted to James R. Doolittle, " the falsehoods and false promises of C. C. Washburn," and the " chicanery and political depravity of the hucksters," is not quoted. It was, however, juicy and entertaining to an incomparable degree; but it makes a worse record for those under lire than is thought advisable to perpetuate in this volume. THE FRUIT OF DISASTER. The defeat of Carpenter, unjust as it was, and contrary to the sentiment of the people of his 9|ate, was not an incident that subtracts from th6 lustre of his subsequent career. By it the flood of universal sympathy was turned toward him ; through it he obtained friends, strength and support that THE FRUIT OF DISASTER. 3OI Otherwise never would have been his. As the victim of atrocity always has the heart of the people, so the wicked- ness of the means used to compass his political dethrone- ment raised Carpenter to the crest of popular favor and carried him higher up the eminence of undying fame and deeper into the love and esteem of his countrymen. Defeat did not send him to oblivion, as it .does many an- other, but added substantially to his strength and renown. Had Napoleon died in 1805, in the height of his reign, all his conquests and stupendous maneuvres would have lacked that immutable splendor, and his whole career that mys- terious grandeur which were added by his betrayal at Water- loo, his unlawful arrest by a country of which he was not a citizen, and his lonely death upon the desolate rock of St. Helena. 302 LIFE OF CARPENTEP.. CHAPTER XXVIL STILL ON THE HUSTINGS. Being engaged in Washington and New York, Carpenter took no part in the campaign of 1875, ^"^il the last week, when he made several speeches for Harrison Ludington, the republican candidate for governor. During the presi- dential campaign of 1876 he delivered numerous addresses for R. B. Hayes in Wisconsin and other states. He seemed this year to have renewed his mental and physical vigor. He flitted from the circuit courts to the stump, and from the stump to the United States supreme court, in a manner that was truly marvelous. For instance, receiving sudden notice from the clerk of the supreme court that his presence was requu^ed in Washington, he started for that city with just time enough to reach it on the day of argument. He studied the cause as he rode, arrived in Washington, attended to the case and started to return on the same day. On reaching Chicago he telegraphed to Neenah that he would speak there on October 26th. The telegram reached its destination in the morning and Carpen- ter arrived at niijht. Notwithstandinof the shortness of the notice, over two thousand five hundred people were present, and the meeting was a marked success. On the day follow- ing he spoke at Appleton. There was made the first synopsis of the speeches of that campaign. At the opening, he as- serted that he " should not deal in vituperation, for, if Tilden had been nominated at the Cincinnati convention, he would vote for him, and if Hayes had received the democratic nom- ination, he would not cast his ballot for him ; for it is not the man we are called upon to support, but the principles of the respective parties." He defended Grant and the republican administration, referred to the achievements of both, and examined the pre- FIRING AT THE FLOCK. 3O3 tenses of the so-called independent party that was then out on dress-parade. He asked: "If the republican party is right and the democratic party wrong, where must be the independent party? It is between right and wrong." At Fond du Lac he declared, on introducing ex-Governor Ed- ward Salomon to the audience, that he was "such a firm believer in special providence that he was satisfied, if the republicans were willing to have the government turned over to the democrats, God would not." At Oshkosh, Robert G. Ingersoll spoke in the afternoon, and Carpenter in the evening. Ingersoll's terrible indictment had aroused the democrats to almost a fighting frenzy, and they poured out to hear Carpenter. A tremendouSHhrong assembled, extending for blocks back from the hall. Several "overflow" meetings were held in different parts of the city. When he arrived he could hardly crowd through to the stage, which was full of distinguished people. The excite- ment was intense, but hardly equal to the oppressiveness of the heat. He threw off his coat, vest and collar, and pro- ceeded for two and one-half hours, amidst deafening cheers, with what Ingersoll pronounced " the best campaign oration he had ever heard." Carpenter closed the campaign on November 6th, suffering on that night an injury which was occasionally the cause of severe pain, and from which, as we shall discover, he never was fully recruited. FIRING AT THE FLOCK. When the Wisconsin state convention was held for the purpose of choosing delegates to the national republican con- vention of 1876, a proposition w^as made to elect Carpenter delegate-at-large. In fact, he himself had some desire to be chosen, his plan being to make a speech nominating Roscoe Conkling for the presidency. But as the state was generalh- for James G. Blaine, and as the friends of Washburn pro- posed to make an inharmonious demonstration unless he should be made a delegate with Carpenter, the party man- 304 LIFE OF CARPENTER. agers deemed it advisable to discard both Carpenter and Washburn, and thus prevent any possible rupture or ill-feel- ing. Thereupon, the Milwaukee Sentinel began an angry at- tack on the managers of the convention^ principally E. W. Keyes. As Carpenter was supposed to own or control a portion of the Sentinel stock, Keyes wrote requesting his influence toward quieting the unjust dragonnade of that journal, at the same time giving the reasons which led the convention to discard both Carpenter and Washburn. The letter brought forth this peppery answer* Washington, D. C, March 3, 1876. Dear Keyes: — I have received your long letter in relation to the late state convention. The same mail brought me Chicago papers containing what they call an "inside " view of the convention. You think I know nothing about politics. Thank God for that. But it frequently happens that a man may correctly criticise a work of art which he could neither originate nor execute. I never exchanged a word with Botkin.loralor written, about the conven- tion ; nor did I with Murphey, except that I wrote him that 1 would like to be a delegate, if there was no objection. Mr. Botkin no more represented me in the convention than did any other man in it; and I am no more responsible for what he did, or did not do, than you are. But I must confess that the logic which controlled your course towards me I do not comprehend. Your syllogism stands thus: (i) A man who bolts a regular party nomination ought not to represent the party in a convention. (2) Washburn led and managed a bolt last winter against a regular and perfectly fair caucus nomination. Therefore, both Washburn who bolted, and Carpenter who was defeated by this bolt, are in the same situation : — neither of them can represent the party in a convention. No work of established authority upon the subject of logic, that I have read, enables me to understand how this conclusion, so far as I am concerned, results from the premises. You knew that Washburn bolted. This, in any party which recognizes either discipline or justice, should exclude him, until at least after the expira- tion of a reasonable period of probation. But jour theory recognizes no distinction between the murderer and the murdered. IThe editor of the Milwaukee Scnfiiicl. FIRING AT THE FLOCK. 305 You know that after I was defeated by Washburn's bolt, I did every- thing in my power to heal the breach and reconcile my friends to the result, so as to save a split in the party. But according to your logic, I am in just as bad a condition with the party as he is, and " harmony " requires that I should be thrown overboard -ivilh him. But again, you are aware that the bolt of last winter was as much against you as me. Some of the bolters said, in justification of their course, that my election would perpetuate your power in the party. When the state convention of 1S75 ^^''"^^ held, the bolters, led by Howe and Sawyer, attem.pted to throw you overboard ; and you were saved by my friends. In the late convention, with full knowledge that every Wash- burn man hated you as bad as he did me; and that my friends had saved you from their vengeance last year, you did not think that the interests of the party required you to decline. Again, while it was necessary, to secure " harmony," that I should be thrown overboard, it was very harmonious to elect as a delegate, I. M. Bean, a bolter. You say, speaking of the convenMon: " I succeeded, after great effort, in getting the thing into line and getting out of it satisfactory results." That is, you had your own way ; and consequently you are responsible for what was done. You have delivered the party over to Sawyer, enabling him to pretend to Clnine, that he, Sawyer, procured a united delegation in iavor of Blaine. Consequently, should Blaine be nominated and elected — neither of which is quite certain — Mr. Sawyer will be Blaine's lieutenant for Wis- consin. Howe and Sawyer will act together in everything relating to our state; and if you don't know that neither of them is friendly to you, you will find it out in time. Party harmony led you to slaughter me; and the next thing that party harmony will demand will he yonr head, and I do not see very clearly how you can object to an application to yourself of the logic you have applied to me. Sawyer likes you just as he does me; that is, there would be less rum- bling in his bowels if you and I were both in hades. It seems to me that you have broken with your old and natural friends, and allied yourself with men who will seek the earliest opportunity to put you out of the way. My experience with WasViburn ought to have saved you from the folly I committed. Whatever may be said about the affinities in love, it is certain that in politics no combination of individuals of dissimilar tastes, views and sentiments can prosper. A ship constructed of discordant materials will go to pieces in the first s'orm. You have, as I understand the situa- tion, united your destinies with Sawyer, who is only Howe's second self; and if you expect that they will stand by you after a convenient opportunity to throw you overboard, I predict you will be disappointed. I hope 30 306 LIFE OF CARPENTER. I am mistaken and that your trust is well bestowed, but we shall see. You have allowed them to play Napoleon's tactics, which were to divide his enemies and fall upon them in detail with an overwhelming force. You have helped them to slaughter me, and now they will not need my help to slaughter you. In the next state convention they will apply the principle of '■'■/larmonics" to you. But there is one view of this subject far more important than any mere personal consideration. If a handful of sore-heads can bolt a party nomi- nal ion and defeat the will of the majority of the party, and then insist that harmony in the party can only be secured by slaughtering the men who stood by the organization, and giving offices of profit and positions of trust and confidence to them, it docs not require a prophet to predict the fate of such a party. There is but one principle upon which any organization, from a political partv down to a sewing society, can be preserved, and that is that the ma- jority shall rule. Indeed, this is the fundamental principle of free institu- tions, and our national and state governments rest upon no other foundation. The democratic party has always understood this to be the essential ele- ment of success. Its line of march can be traced by the tombstones of bolters. In that far ty^ to holt is to be buried. The consequence is, that at this time, when the success of the republican party is indispensable to the welfare of the country, the democratic party, with a damning record of the past, and most mischievous purposes for the future, is pressing us sore in every state of the Union. You seem to me to have entirely overlooked this view of the case, and to have given the weight of your influence against party discipline. It is fashionable now-a-days to decry party discipline. But considering that we are opposed by a party which does enforce discipline with the utmost rigor, it is mere folly for us to say that we will make no distinction between steady adherents and those who support the ticket only when they are can- didates. If our friends will not consent to act in party organization as a unit, then the fate of the party is as clearly to be seen as the fate of disor- ganized numbers opposed by regular troops. The result in this instance has been that those who stood by the party organization, adhered to its usages and followed its flag in the storm, stand aside, that bolters may be advanced. This is as wise as it would be to give the command of an army to those who had deserted from its ranks in bat- tle, or the command of our navy to mutineers. The Master laid upon his apostles two injunctions: to be as harmless as doves, but wise as serpents. Our party submits to the first and rejects the last; and while we are play- ing the dove.:, the serpent is moving on the White House. If you had taken the ground that it was best for the interests of the party that all who were prominent in last winter's contest should stand aside, and illustrated it by standing aside yourself and defeating Bean — already sufli- MORK JUICY LETTERS. 307 ciently rewarded for his bolt bv receiving the best office in the state ' — your course, whether wise or not, would have been consistent. Truly yours, Matt. H. Carpenter. MORE JUICY LETTERS. C. C. Washburn's paper, the La Crosse Refnblican ami Leader^ continued its severe course of criticism of Carpenter long after he had become a private citizen. To one of these strictures he thus openly replieii: Washington, March 23, 1S77. To the Editor of the La Crosse Republican and Leader: A friend has sent me your paper of the 17th inst., containing your admi- rable article, entitled "Carpenter's New Trouble." Your friendship for me is so well-known, your grief for my "troubles" so deep and sincere, and your editorial mention of me always so candid and just not to say generous and flattering, — that I am sure some enemy of mine must have imposed upon you, and induced you to say some things in this article more painful for you to write than ibr me to read. One thing is not up to your usual style of compliment; you say: "Mr. Carpenter is nothing, everything and anything for pay or policy." In con- nection with this, you might have added, " Since the firing upon Fort Sum- ter he has always voted the straight republican ticket, never 'bolted' a candidate, and has been on the stump for the republican party in every campaign except one, and that was the year when General C. C. Washburn scorned all assistance, put the party in his pocket and disappeared with it." Again you say : " We have always thought better of Mr. Carpenter's talents than his character, but of late he has exh bited a degree of inaptitude for placing himself in harmonious accord with the winning side, that leads us to won- der if his intellect is not beginning to sympathize with his other weaknesses." This is more characteristic of you than anything else in the article. You tiiink a man must be crazy who stands by what he believes to be the right, when to do so is unprofitable or unpopular. " Inaptitude " for placing one's self in accord with the v.'inning side, you regard as a fatal defect of charac- ter, or evidence of waning intellect. You conclude your confession of my sins as loUows: "Just now the republicans of Wisconsin have no official harness for Mr. Carpenter to train in." "Just now." Just so. You have no further use for me until you have another ticket in the field and want me to go on the stump and advocate its election. 1 Collector of internal revenue at Milwaukee. 308 LIFE OF CARPENTER. Very well. Then what is the objection to my practicing law, "just now? " When you have no use for me, no ^^ harness for me to train in" why may I not attend to my own business? Again, if I should go to La Crosse and pitch into you about the manner in which you conduct your private business, you might ask me two puz- zling questions: (i) When did I obtain an appointment as your guardian, entitling me to control you in the management of your own affairs; and (2) Conceding my right, whether I was sure that I knew how a business ought to be conducted, which I had jjever been engaged in, better than you who had devoted to it a life- time? While I was in the senate it was not only your right but your duty as an impartial journalist to abuse me for everything I did, and everything I did not do. And you exercised that right and performed that duty with strik- ing constancy. But "just now" I am a private citizen, trying to pay my taxes and support my family by practicing a profession, the duties of which I have spent a life-time in studying. Every art has its rules, and every profession its ethics. It is well settled that an advocate should not devote his services exclusively to himself, his family, his relatives, his neighbors, his party or his church; but that he should serve all men in the interest of truth and justice. No lawyer can be disgraced bj' a bad cause ; but only by his management of it. The cause is his clienfs; the management hts own. The constitution of the United States, and of every state of this Union, provides that every criminal — the loulest traitor and the boldest murderer — shall have a fair trial by an impartial jury, process to compel the attendance of his witnesses, and the assistance 0/ coun<:el. It is a part of a lawyer's oath that he will support the constitution. If one lawyer ought to refuse to appear for a criminal, all should; and this provision ot the constitution would be defeated by those who have taken an oath to obey it. The oath anciently administered to the advocites of England was that they should fight for their clients. " Make war " was the injunction. Of course no advocate is either required or permitted to contend for a proposition of law which he does not believe to be sound, nor to misrepresent a fact. But it is his duty to press every principle of law favorable to his client, and every fact in his favor, upon the consideration of the judge, who alone is charged with the duty of deciding. And as Chief Justice Marshall once said, it is a dreadful bad case that hasn't something right about it. Now, possibly, this may not meet your approbation. But it has the ap- probation and the recorded sanction of many of the brightest names in history, from Cicero to Denman, Brougham, Marshall and Webster. And a lawyer may be pardoned for following the advice of the greatest lawyers who ever lived, in regard to professional duty, even in opposition to the opinion of an editor as celebrated as yourself. WORTHY OF JUNIUS. 3O9 I write this, hoping to provoke you to a further discussion of the subject, from which I shall obtain the benefit of a free advertisement of the fact that I ain practicing law upon sound principles. Advertisement is very expensive, and any reasonable device to escape from such expense is allow- able. Affectionately yours, Matt. H. Carpenter. WORTHY OF JUNIUS. To this, the letter having some reference to him, Wash- burn replied through the Chicago Tribune^ charging his defeat for the governorship in 1873 upon the exasperated condition of public sentiment against Carpenter and his col- league, Senator Howe, because they had taken " back pay." To that Carpenter replied openly: Washixgtox, April 24, 1877. My Dear General: — I have the honor to acknowledge the receipt of your favor of the 6th inst, not addressed to me, but evidently intended for my perusal. This seems to be your favorite form of correspondence. The last in this form, was your letter to General Rusk, dated April 17, 1871, inspired by your discontent with private life and your anxiety to be useful to the people of your state in the capacity of governor. In November, 1874, when you thought your friends were trying to force you into a position which you felt would be dishonorable, and a violation of your plighted faith to occupy, you published a pretended copy of that let- ter. I do not think it was a true copy ; but as you say it was, I quote from it the following: " As to the senatorship, you can say that I shall never contest for that position against either Howe or Carpenter. I have had my contest with both these gentlemen, and do not care to renew it." Your letter of November 30, 1S74, published with the pretended copy of your former letter, was undoubtedly intended to show your friends that you could not, without dishonor, be a candidate for the then ensuing senator- ship. But it seems that your friends, who knew you well, did not believe that you would refuse an ofTice merely because its acceptance involved dis- honor; and so — much against your wishes, no doubt — they continued to press you as a candidate. I have alwjys thought that you were rather un- fortunate in the language of your letter ot November, 1874; and that, had you shown the same sternness to your friends that you exhibited to the rebels at Memphis, they would have desisted. And I have sometimes thought that, after you were fairly defeated in the legislative caucus by the viva voce votes of more than a majority of all the republican members ol the legislature, you might, even then, have done something towards rescu- 3IO LIFE OF CARPENTER. ing your reputation as a man of truth, by urging your friends to support the regular nominee. But probably you thought it was too late to preserve your character; and so you resolved to show that, although you were uncertain in keeping your word, you were, at least, to be relied upon when you determined to break it. In your letter just received, you express your reluctance to enter into a "personal controversy," and say you write only to "vindicate the truth of history." That you have returned to a solicitvide for truth in anything, is a hopeful sign in your case; and in that endeavor I may aid you by supply- ing some facts you find it convenient — perhaps consolatory — to Ibrget. You rebuke the editor of the Republican and Leader for his attack upon me, and then proceed to abuse me far more than he had — evidently re- garding abuse as your own prerogative ; and so far as it rests upon misrep- resentation, no one will question your superior fitness. You refer to your masterly retreat in the campaign of 1873, and seem offended at my saying you "scorned all assistance, put the party in your pocket, and disappeared with it;" and you express the belief that I desired ^our defeat. In this you are mistaken. I desired your election; but the people did not, and, in the light of your subsequent conduct, I must confess they were right. Your assertion that I was " holding the most intimate relations, at the time, with the most powerful opponents of the republican party," is alto- gether worthy of you — it is entirely false. You proceed to unfold the reason why you were defeated in 1873, by more than fifteen thousand majority, after having been elected two years before by some eight or ten thousand. And with characteristic modesty, you assert your personal popularity; and to prove it, you quote a resolution passed by the convention merely to catch votes, but which seems to have imposed even upon you, declaring that your administration had been " very able, wise and judicious." I infer from the manner in which you parade this resolution that you mean to admit that it is true. But it appears from your letter, that although the convention nominated you unanimously and pufted you gloriously, yet thirty-eight thousand republicans refused to vote for you. The inference from this might be that the convention did not express the views of the party concerning you; and to avoid this in- ference, you try to show why it was that so "able, wise and judicious" a governor, and withal one so very popular, was unable, after a thorough canvass of the state in his own proper person, to get within thirty-eight thousand votes of the strength of his party. Your productions are always interesting and brilliant; but in this letter you have not been quite so clear as might be desired; and after reading your letter over several times, as I do all your state papers and public speeches, I am still in doubt wnether you intend to charge the thirty-eight thousand with having been bribed by the whisky ring. If you do mean this, then WORTHY OF JUNIUS. 311 the charge against them is more serious than your charges against me. You think the whislcy ring poured out money like water "to compass your defeat." Your newspaper at La Crosse is charging, even down to this time, that Mr. Keyes was one of the leaders of the whisky ring. You say Mr. Keyes conducted the campaign with as much vigor as possible considering the obstacles he had to encounter. Do you mean to say that Mr. Keves conducted the campaign for you with as much vigor as was cpnsistcnt with the fact that he was leading the whisky ring against you.' Private instructions to your La Crosse editor might have more in- fluence ui>on him than your published regret ol the articles in his paper inspired by you. But in another part of your letter you represent the thirty eight thousand republicans who refused to vote for you, not as bribed by the whisky ring, but simply disgusted with Senator Howe and myself in regard to back pay— disgusted with me because I voted for the bill and took the money, thinking it was right; with Senator llowe, who voted against the bill, think- ing it was wrong, but took the money because he wanted it. And yet, to do Senator Howe justice, it should be stated that when the bill which in- cluded the back-pay section was put in peril by the motion of Senator Wright, of Iowa, to recommit the bill to the committee — the result of which, had the motion been successful, would have been to strike out the back-p:iy section — the question upon which the fate of back pay depended. Senator Howe voted against the motion. This vote was given when the bill needed the support of its real friends and goes far to excuse his vote against the bill on its tiual passage, after it had become evident that it would pass the senate by an overwhelming majority, and therefore no longer stood in need of the votes ol those senators who thought the bill might render those who voted for it unpopular. You quote from the proceedings of the convention which nominated you for re-election, two resolutions, which you say were pointed squarely a' me. It is especially at this point that " the truth of history " demands a state- ment somewhat more complete than you find it convenient, or even credit- able to yourself to make. After the committee had retired from the convention to agree upon resolutions — a majority of the committee being my warm personal friends — Mr. Keves went to the room of the committee with some resolutions, which I am informed were concocted between you and him, and which were aimed squarely against me, and urged the committee to report them as a part of the platform. This the committee refused to do. Afterwards Mr. Keyes rc-appeaicd before the committee, disclaimed any thought of making an attack upon me, and declared himself to be my warm friend; whereupon the committee took the resolutions and modified them so as to make them entirely unpersonal, and adopted Ihein. Therefore when you speak of the 312 LIFE OF CARPENTER. resolutions as aimed squarely at me, it is fair to presume you refer to the resolutions 1 you and Mr. Keyes agreed upon, and not those reported to and adopted by the convention. Nevertheless, the resolutions as adopted condemned back pay and de- manded the repeal of the law. This, you assume, was the cause of your defeat. But " the truth of history " requires it to be stated why it was that your defeat was accomplished by public indignation against Senator Howe and myself. The people, very likely, would have elected you, and reserved their wrath for Senator Howe and myself, but for the fact that you were, in regard to back pay, "the original Jacobs," and we were only your imitators. The history of back pay is now so well understood that you merely show your contempt of public intelligence by trying to shirk responsibility your- self and heap odium upon Senator Howe and myself. In 1856 the back- pay bill passed the house of representatives, of which you were a member, by only one majority. You voted for it. So your vote passed the bill. Had you voted the other way the bill would have been defeated. This is the reason why public indignation against back pay fell upon you. You and Mr. Keyes ingeniously "digged a pit" for Senator Howe and myself; and you were the first to fall into it. The manifest purpose of the people was to bury us all in the same grave. I never felt proud of the compan- ionship as far as you were concerned, but I could not dispute your right to be there. The great mistake you and Mr. Keyes made, looking to the suc- cess of the party — and neither of you cared for anything else — was in directing public attention to, and expressing public condemnation of, a mat- ter in which you were as deep in the mud as Senator Howe and myself were in the mire. It might have been very well for you to have cast cen- sure upon us if you could have destroyed all evidence of the fact that, if we were m the wrong, it was in following your example. But this you could not do. And your resolutions were a flat condemnation of yourself as the first transgressor. The people found in your platform a positive condemnation of back pay. They knew you had been the first to vote it and pocket it. There- fore your platform was regarded as your own confession. And whatever the thirty-eight thousand republicans might have thought of back pay, they -would not vote for a candidate who was proclaimed by his own platform to be a rascal. The lesson of prudence this suggests for your future consideration is, that, before condemivng your neighbor, you should first ask yourself how many times you have done the same thing. Mr. Keyes is too smart to have committed such a blunder if he had been upon the state ticket with back pay in his pocket, as you were. But his love for you is not greater than 1 These resolutions were drafted by Ed. E. Bryant, of Madison — not by Keyes or Washburn. They did deprecate " back pay," but not as a per- sonal thrust against .Carpenter and Howe, but as a matter of party policy. WORTHY OF JUNIUS. 3I3 his love for me, and by no means equals his love of himself. Possibly he may have seen that such resolutions would kill Senator Howe, yourself and myself And it remains to be seen whether he was not right. But your astuteness in the transaction is not equally clear, because your resolu- tions lifted the bludgeon above your own head, and you were sure to receive its first blow, as you did. Had your skirts been clear of what your platform denounced as rascality, the people, if they took your view of it, might have rejoiced in being able to vote for you as the only "able, wise, judicious " and fiire man left. But after you had raised the cry of " Stop, thief! " against those who had voted and taken back pay, it was found out that you had the same infirmity. It would have been strange, indeed, after you had by your platform in- flamed the public mind upon this subject, if the people, in the very heat of their wrath, had voted for you, whose example Senator Howe and myself had only followed. There was another cause contributing to your defeat which you forgot to mention. While the people can swallow you if it is absolutely necessary, they have never hankered for you. You have always been a nauseous dose. It was all your friends and enemies combined could do to nominate you for governor in 1S71. Hon. Wm. E. Smith came very near beating you. But you squeezed in; and you admit that you made a good gov- ernor, a "very able, wise and judicious " governor. You might have been re-elected gox'enwr in 1S73. That was not what you were after. You were panting for the senate. You were determined to succeed me, or four years later to succeed Senator IIowo; and many believed you intended to succeed both of us. Holding one office, so far from satisfying your ambi- tion, only sharpened your appetite. -After you were nominated you resolved to play a lone hand in the campaign. You did not want any help on the stump. You wanted to carry the party to success by your own unaided effort. Your speeches made no allusion to anybody but yourself; indeed, you seemed to wish the people to see no one, hear no one, support no one, but yourself You got the full force of pub'ic indignation against back pay, because you were the first transgressor; and to this was added a huge disgust of your vanity, pomposity and sclf-sufiiciency. This was the weight that pulled you down. After writing to my friends in 1S71, asking them to support you for gov- ernor, I received from one of them a letter, from which, to show how much better he knew you than I did, I make the following quotation : "You are making a great mistake. Washburn is a natural hog. He has no appreciation of justice; much less a sense of generosity or honor. No matter what he may promise, he will use all the influence he may ac- quire as governor to .beat you for re-election to the senate. You can give 314 LIFE OF CARPENTER. no excuse for trusting him; and, when his treachery shall secure your ruin, your fate will excite no pity ; because every one will say you ought to have knoivji better. He is dead now, having been defeated for re-nomination to congress in his own district; and I don't see why you wish to resurrect him." With all the admiration for you, my dear general, which your qualities are calculated to inspire, I am very respectfully, Matt. H. Carpenter. VICTORY AND RETRIBUTION. 315 CHAPTER XXIII. VICTORY AND RETRIBUTION. Carpenter's third canvass for tlic senatorship was from every point of view an extraordinary one. Howard M. Kutchin, of the Fond du Lac (Wis.) Commonwealth^ had, in the course of natural events, formed a strong personal at- tachment for Carpenter. In addition to this, he had been engaged in a bitter political feud with Timothy O. Howe, whose term in the United States senate would expire on the 4th of March, 1879. ^^"^^^ ^^"^^ added a sharp flavor of earnestness and aggression to his efforts which they might not otherwise have had. Very early in 1878, therefore, he set forth in his paper his idea of the justness and general desirability of choosing some young, vigorous and popular man as the successor of Mr. Howe, his object being two- fold — the destruction of Howe and the elevation of Car- penter. He had few helpers. Nevertheless the battle was contin- ued according to a simple plan, without a word or sign from Carpenter, who was deaf to all importunities, refusing to be- come a candidate for the reason that he could not alTord the sacrifice. He had important litigation on hand that was not only bringing a handsome income, but would demand his attention for some distaace into the future. Therefore, he ex- postulated, to enter into a political struggle, especially if it should be a successful one, would seriously impair his pro- fessional business. This dogged persistency in refusing to accede to the wishes of his warmest and dearest friends had no deterrent eflect on their ertbrts in his behalf, and in the course of a few weeks a respectable number of influential journals had formally enlisted in his cause. 3l6 LIFE OF CARPENTER. MYSTIFICATION. Thus the demonstration in his behalf grew to apparent strength and magnitude. Although it had gone on until it would have been not less impossible than unpleasant and ignominious to destroy and abandon it; and although appar- ently there was no alternative but to permit himself to be announced as a candidate, yet he still refused to say the word. It was while the effort to get some formal decision from him was going forward that he submitted to an " inter- view " by a newspaper correspondent at Washington. It was the correspondent's intention to discover whether Car- penter was a candidate. After giving his views freely upon the injury the republican organization had received from Pres- ident Hayes' policy of so-called civil service reform and of allowing southern democratic congressmen to control repub- lican federal patronage, he was led down to the senatorship: Correspondent. — Will Howe be returned to the senate? Mr. C. — It is impossible to say. If he had served but one term he would undoubtedly be re-elected. But many think that twenty-four years, nearly a quarter of a century, in the senate is too long from a young and growing state like ours. But others think that his experience would be valuable and for that reason he ought to be retained. Coi-.— Is Philetus Sawyer a candidate.'' Mr, C. — It is understood that Sawyer will support Howe while he has any chance, and will become a candidate if Howe can not be re-elected. Cor. — What kind of a senator would Sawyer make ? Mr. C. — One evidence of a man's ability to fill a public position is his success in his private life. Mr. Sawyer has been eminently successful in business. While in congress he achieved a reputation second to that of no member ever elected from our state. He would make a good senator.l Cor. — How about Keyes? Mr. C. — Keyes has always been an active, energetic republican, indefati- gable in his eftbrts for the success of the party. He has been postmaster up- ward of sixteen years, and chairman of the state central committee, and has necessarily made bitter enemies. But he has strong friends also, and if he should be elected senator would not only give strict attention to the details 1 Sawyer was chosen senator in i8Si. MYSTIFICATION. 3 1 7 of political aflfairs, but would devote himself untiringly and successfully to the interests of his constituents. Cor. — But every one I see from Wisconsin says you are a candidate and are to succeed Howe. Mr. C. — Yes. I hear this four or five times every day myself, but I never believe more than half I hear. Cor. — Why do you not announce yourself as a candidate? There seems to be an impression that your chances would be good. Mr. C. — In the first place I am not and never was a politician. When I became a candidate in iS68 I had been in the republican party only since the war, and those republicans who believed that no good could be done by any man who ever had been a democrat lacked confidence in my republicanism, and predicted that if I should be elected I would betray the party. The contest, therefore, became personal. My support came from personal rather than political friends. But my friends rallied from every part of the state, spending their time, paying their own expenses, hundreds actually sleeping on the lloors of the hotels when other accommo- dations could not be had. Rock county, in particular, where I had lived from boyhood, sent an army to Madison, and one dear old friend — Colonel Burdick — staid there three weeks, electioneering all day and praying all night for my success. No man ever had warmer friends than thronged about me in that contest, and they literally bore me through the storm and landed me in the senate. There, for six of the best years of my life, I la- bored incessantlv to prove myself worthy of the support of such friends. At the end of mv term I was a candidate for re-election by a viva voce vote of more than a majority of all the republicans in the legislature, and from the first to the last ballot I received the votes of more than two-thirds of all the republican members of the legislature. What followed is well known to all our state. I was defeated and Mr. Cameron was elected. During this contest my friends rallied again with the same enthusiasm aa before, spending days and weeks at their own expense to secure my re- election. Now, while I would make any sacrifice in my power to confer favor upon these friends, I have not the cheek to ask them to make further efforts in my behalf Since my defeat I have devoted myself exclusively to my profession, and have good hope of being able to pay my taxes and support mv family without seeking any political position. Cor. — You don't mean to say, then, that you would not accept the posi- tion if your friends should elect you? Mr. C. — I think wiiat 1 have said covers the question. My professional experience has tauijht me that a witness who volunteers testimony gener- ally gets into trouble. This interview was very jrenerally reproduced by the newspapers of Wisconsin. Many were wholly unable to 3l8 LIFE OF CARPENTER. come to a firm conclusion as to the exact meaning of the naive reply which ended it. Some were of opinion that it was a final declension of the office, while others thought the correct interpretation should be " Barkis is willin'." A man of mystery is always a man of success as well as fame ; and so, in the midst of the mystification this interview produced, the campaign progressed with renewed interest if not with increased effectiveness. Curiosity as to whether Carpenter was really a candidate for the senatorship had hardly become fairly aroused when the following letter, in response to the sharp attacks of the Chicago Tribune^ ap- peared in that paper: Washington, Aug. i8, 1S78. A friend has just sent me an editorial article from jour paper of some days ago, in which you represent me as having been out of, and now trying to return to, the republican parly. The interest you have always taken in my political welfare, and the fact that you have recently nominated me as a greenback candidate for congress in the Milwaukee district, authorize mc to ask you to point out what word spoken by me or what act performed by me has indicated that I was out of the republican party at any time since I joined it. You say, since my defeat for re-election to the senate, my political status has been " initter of conjccfurer With you it may have been. There are men who never get beyond conjecture, and whose minds never settle "into the calm of a contented knowledge" upon any subject. After reading your paper for years, through the mazes and bewilderment of your financial theories, and seeing your paper facing sometimes one way and sometimes the other — sometimes for Greeley and sometimes for Grant, — I have long since classed you in this category. But in the article before me you say that my appearance before the elect- oral commission was regarded as a repudiation of party fealty, and my friends had lost all laith in my republican integrity. Before any friend of mine, or even you, can maintain that my appearance there was a repudiation of party fealty, you must first establish another proposition upon which it depends, viz. : that the object of the electoral commission proceeding was not honestly to ascertain who had been elected, but to seat Mr. Ilayes, whether he had been elected or not. I then had, and still have, too much confidence in the honesty of the republican party to suppose that it desired any but a fair and honest trial ; a trial in which both sides should be fully heard by counsel, after which an impartial judicial judgment should be pronounced, by which all parties should, m honor, be bound. MYSTIFICATION. 319 I was not in public life, but was practicing my profession to earn a living; and upon the tlieory that the object of that trial was to ascertain, not who ought to have been, but who, in (act, had been elected, my appearance there was no more a repudiation of party fealty than it is for a republican lawyer to appear for a democratic plaintiff against a republican defendant in an action of ejectment, or assault and battery. It was not prejudice or party passion, but law and facts, which were to be inquired into, as a basis of the decision of the commi sion. The trial was had, the decision pronounced, and the people accepted the decision, as they do that of all courts, as conclusive of the right of the successful party to hold the office in question. In the trial of Andrew Johnson on impeachment — a political trial, — Mr. Evarts appeared as counsel for Mr. Johnson. So far from losing his party status by sa doing, he was immediately afterward confirmed by a republi- can senate as attorney-general, and is now secretary of state under Mr. Hayes. The commission as constituted was composed of a majority of republican members; and there was never any great danger that Tilden would be made President by its decision, unless he was fairly entitled; and if he was, I suppose every honest man desired that he should have the office. Again, it is diffiLult to see how the argument I made there should read me out of the republican party, when it is considered that in the senate, two years before, I had made speeches on the bill for a new election in Louisi- ana, contending for precisely the same propositions I mamtained in argu- ment before the commission, and was then sustained by the votes of a majority of republican senators, after which I was supported for re-election by two-thirds of the republican members of the legislature, and was only defeated by the action of the democratic party, aided by some personal enemies in my own party. You say that there has been talk ot late about my being a compromise candidate for the senate, to be supported by democrats and my personal friends among the republicans. There are many democrats in our state I am proud to claim as personal friends, and, if I were a candidate, I should be proud of their support; pro- vided, always, it was not obtained by false pretenses. But I should feel humiliated and disgraced, were I to accept an office conferred by them under false impressions of my political status, or false expectations of my future political course. I am aware that, ordinarily, it is great indiscretion to enter into a contro- versy with an editor, who has so much the advantage. But in this instance I can lose nothing. You have always treated me as meanly as you knew how, and, from reading your paper, I see no evidence that your capacity is on the increase. Truly yours. Matt. II. Carpenter. 320 LIFE OF CARPENTER. THE MATTER SETTLED. Those who were opposed to Carpenter's election were further rejoiced over their own interpretation of next to the last paragraph in the preceding letter. They declared it to be a plain denial of his candidacy, and raised a vociferous clamor about those who were yet in doubt. This was done for the purpose of confounding as many as possible of those who would naturally, in a clear campaign, be Carpenter's supporters. But the deterrent influences of uncertainty were finally destroyed in an effective and flattering manner. A petition, dated August 26th, signed by several thousands of the leading business and professional men of Milwaukee, ask- ing him to become a candidate for the senatorship, reached Carpenter on the i8th of September. On the day following, his reply was given to the public: Milwaukee, Sept. iS, 1S78. Messrs. Bradley and Metcalf, E. B. Wolcott, M. D., Fred. Pabst, John Pritz- laff, J. H. Inbusch, G. Pfister, David Adler, Chas. E. Andrews, George Burnham, Rud. Nunnemacher, J. B. Le Saulnier, Jacob Blum, R. W. Pierce, Christ Fernekes, J. A. Becher, George Dyer, C. D. Nash, J. H. Van Dyke, N. J. Emmons, Goldsmith & Co., Smith & Chandler, Chas. Munkwitz, Kellogg Sexton, Starkweather & Co., E. Boardman & Son, L. F. Hodges, W. S. Candee, Rich & Silber, D. Fishbeck, Julius Na- thanson, B. J. Johnson, P. Rooney, C. A. Folsom, Christ Meyer, A. J. W. Pierce, Samuel Brown, P. L. Dohmen, S. Bryant, Henry Katz, H. L. Eisen & Co., R. L. Potter, Isaac Ellsworth, Zinns, Goetz & Co., A. Kirst, T. P. CoUingbourne, Wm. A. Prentiss, Jas. Johnson, M. D., N. A. Gray, M. D., Chas. Winterfeldt, J. M. Alcott & Co., Geo. Wright & Bro., O. P. Wolcott, M. D., Mueller & Ilhardt, F. Borchert & Son, J. B. Oliver, A. V. Bishop, O. D. Bjorkquist, Ed. Aschermann & Co., J. H. Rice & Friedmann, B. Leidersdorf & Co., Adolphe Meinecke, Edward Sanderson, J. B. Hoeger & Sons, John Shadbolt, A. F. Leopold, John Thorsen, Geo. M. Tibbits, Goll & Frank, John M. Crombie, H. Mueller & Co., Joseph Cary, Matthews Bros., Carpcles, Heiser & Co., Joseph Phil- lips, Henry Btetz, Nathan Brick, S. A. Harrison, Anson Bros., Charles Fricke, L. Newbouer & Sons, Max Landauer, David Vance, Thos. H. Brown, W. A. Collins, F. T. Day, A. T. Riddell, Wm. Ahearn, A. H. Atkins, Jas. T. Bradford, Markham Bros., M. F. Tooker, H. S. Man- ville, Leo Roth, H. R. Bond, W. G. Lamberton, T. L. Mitchell & Co., THE MATTER SETTLED. 321 II. B. Pearson, Fred. J. Johnson, W. G. Fitch, E. P. Smith, Geo. W. Swilt, Clias. F. A. Sccfeldt, Gottlieb Schweitzer, G.J. Hart & Co., A. H WoodrufY, Chas. E. Lavcrty, Herman Toser, Dr. VV. A. Fricke, F. Breinig, M. D., L. R. Roeder, Rundle & Spence, Davidson & Sons, and others : Gentlemen — It would be great hypocrisy for me to pretend not to be gratified and flattered by the communication just received from you, signed as it is by so many substantial citizens and business men, my neighbors and townsmen, asking me to allow my name to be presented to the legislature, next winter, among those from whom a senator of the United States is to be selected. Since I was retired from the senate by the legislature of i875» I have devoted myself exclusively to the practice of iny profession; and my engagements are such at present that I can not make a canvass of the state, or organize or carry on a campaign to secure my election, without neglect- ing the interests of my clients ; and whoever would desert his clients would betray his constituents. But I hold it to be as imperatively the duty of a citizen to serve in a public olTice to which he is elected as it is to pay his taxes. Therefore, if the legislature shall see fit to elect me to the senate, I will accept the trust with gratitude and execute it to the best of my ability, advocating and supporting the measures which seem best calculated to promote the public good. Truly yours. Matt. H. Carpenter. The enthusiasm of Carpenter's personal following, which, irrespective of party, had always been greater than that of any other man in his state, was now unlimited. Neverthe- less, they had before them a formidable task. The oppo- sition was powerful — to many irresistible. Timothy O. Howe, who had served eighteen years in the senate, was a candidate for re-election, and was very strong. He had not only the support of the federal officials appointed during his long service, but that of numerous influential journals and of the chairman of the republican state central committee. Elisha W. Keyes, of Madison, known as the " Warwick of Wisconsin politics," a man of tremendous energy, great political resources, splendid courage, and personal acquaint- ance with almost every voter in the state, was also a can- didate, while Cadwallader C. Washburn had a following of some magnitude. Carpenter had been out of the senate nearly four years, and was therefore without the support of 322 LIFE OF CARPENTER. any official machinery; he had spent much of his time out of the state in the practice of his profession, and upon the sum- mit of this bore the heavy burden of all the disasters conse- quent upon previous defeat. Nevertheless the announcement of his candidacy developed enthusiasm among the masses, and the effort to again place him in the senate he had so richly adorned began in seriousness. In less than two weeks after he had consented to be a can- didate, the leading republicans of Milwaukee, fearing, per- haps, that the combination of circumstances referred to would make his election impossible, but knowing that his personal popularity would carry him through that strong democratic district in which the election of any other repub- lican appeared hopeless, united in a telegram asking him to consent to the use of his name as a candidate for cong-ress. This was the prompt reply: Washington, Oct. i. To Edward Sanderson and others: I dislike to deny anything to my friends, but I can not be a candidate for the house of representatives. In that bear-garden I should be utterly lost. Matt. H. Carpenter. The campaign having now opened in earnest, the sup- porters of the other senatorial candidates began their assaults upon Carpenter. Some of them were unfair, and all of them industriously bitter. George W. Allen, a wealthy leather merchant of Milwaukee, was an embryo candidate for the senatorship, and being a leading member of the " Honest Money League," made his principal attacks on Carpenter's financial record in congress. The Washburn lieutenants made steady onslaughts upon his republicanism, while the sup- porters of Keyes and Howe were mostly engaged in fighting each other. These attacks brought several spirited replies from Carpenter. In those days, before the resumption of specie payments had been accomplished, while the silver- craze was rampant, and the greenback party, with its poison- >ous but seductive heresy, was making disastrous inroads THE MATTER SETTLED. 323 upon both old parties, to quiver upon the question of finances was a more serious matter than can be easily appreciated at the present time. That Carpenter was lame in his financial statesmanship was the gravest allegation against him. To establish the falsity of the indictment, H. M. Kutchin pub- lished, late in the campaign, this private letter: Washington, Aug. i, 1878. Dear Kutchin: — Many thanks for your kind letter just received. You say my enemies are saying that I am not sound on the financial ques- tion, and that I am coquetting with democrats and greenbackers; and you say that I ought to deny it. To this I reply that I am a republican, and stand fair and square upon every plank of the party platform, financial and all. If the party is sound, I am. And this you can assert without fear of being confounded by any- thing I have ever said or written, or ever shall say or write. I can see no reason for saying anything upon the subject over my own signature, as the opinion of a private citizen is of no consequence to the public. As I have always cordially supported every principle of the party, never scratched a ticket nor bolted a nomination, why should I be required to enter into bonds to keep the peace, or make pledges of mv political fidelitv.' Who has any reason to doubt it.^" Who pretends to doubt it.? Certainly none but my enemies. All that has been said about a meditated coalition be- tween my personal friends and democrats, or soft-money men, is said by my enemies, for the purpose of injurmg me in the estimation of republi- cans; and no matter how peremptorily I might deny it, I could not stop their mouths. And, it seems to me, it would be unpardonable vanity for me to make any declaration of my faith or denial of these slanders. Nevertheless, as I have said, you are at liberty to assert my republicanism as broadly as language can do, and I will vindicate the truth of what you may say. I am thoroughly persuaded that the destinies of this country are safe only in republican hands; and that the platform of the party contains the only possible solution of the financial problem. Resumption on the ist of January next is now fixed by law; and I believe that the government can stand its hand in that endeavor. If, however, it should prove other- wise, and the experiment should fail — as I hope and believe it will not, still the republican party can be trusted to deal with any new emergencies which may arise, as it has done successfully in the past; and I shall cling to it in good hope, no matter what may happen. No country can expect to prosper in commerce with the world without a currency of coin, or paper equivalent in value to, and readily convertible into, coin; and any experi- 324 LIFE OF CARPENTER. ment with irredeemable paper would only land us in grief, and we should be compelled to retrace our steps, sorrowing. I have no anxiety to be elected to the senate; but I am anxious to stand fair in the estimation of my political friends; and shall hereafter, as I have heretofore, vote the party tick?t, advocate its doctrines, and support its measures; and you may say so, without fear of being compelled by my future course to recant your assurances. Truly yours, Matt. H. Carpenter. RESPECTS TO MR. ALLEN. Geo. W. Allen came forward and charged that the letter had been ante-dated, and proceeded to show that, if it had not, it was a false exposition of Carpenter's financial notions. Carpenter replied: Wm. E. Cramer, Editor Evening- Wisconsin : My attention has been called to your paper containing a libel upon me, over a fictitious name, and an editorial in which you express a desire to he ir from me on this p )int. I should take no notice of the libel, but that you, who are a gent'eman and my friend, call on me to respond. 1 answer you, the charge that my letter to Mr. Kutchin was ante-dated is utterly false; and any one who makes the charge is either strangely mis- led, or intentionally untruthful. Matt. H. Carpenter. P. S. — Since writing the above, I have seen youf paper saying that George W Allen is the author of this libel. Responsibility having been fixed upon him, I may be justified in not only denying his charge, but dis- proving the pretended statement of facts by which he seeks to support his charge. I. He says: "All last summer and fall, the people of this state were anxious to know Mr. Carpenter's position, and could not get /'/," by which, I suppose, he means to say, ascertain my opinions, instead of could not get my position. I reply, Mr. Kutchin is the only man, so far as I remember, who wrote me on the subject, and the letter in question was written in reply to him. Mr. Allen published a letter last summer, in which he refused to be a senator; and then, as though the hearts of the people were not sufficiently wounded by the announcement, proceeded to torture them further by lay- ing down his platform to show what an excellent senator he would make if he would but consent to accept the place. I did not feel called upon to follow this example, because I did not suppose the people cared about the views of any private individual upon any public question; and sensible RESPECTS TO MR. ALLEN. 325 men might have made as much fun over my doing so as they did over his pert'ormance. 2. He says, speaking of my letter, that there was full authority to use it. If he means authority to publish the letter, the statement is untrue, as the letter itself shows. 3. Again Mr. Allen says: "Take the further fact that among his yfre years in the senate, he voted for all inflation bills and all inflation amend- ments, from the least to the most, * * * and when he returned here a few days before the election, and made a few brief speeches in this city, he avoided all reference to finance iinlil he -Mas questioned on the finance mat- ter; and then skillfully avoided committing himself." This is a tissue of falsehoods in letter and in spirit. (A) I never voted in the six (instead of five) years I was in the senate in favor ot any financial measure which I believed would inflate the cur- rency; nor, as I believe, otherwise than with the majority of republican senators upon any financial measure save in one instance. I voted against one bill which declared that it was the intention of congress in issuing government bonds to pay them in coin; and I so voted, as my remarks in the senate at that time will show — eleven days after I took my seat m the senate, — because I thought there was no question that, under the acts author- izing the issue of bonds, they were payable in coin; but that the bill under consideration would do more harm than good ; because, if we could then, years after the bonds had been on the market, declare what had been the intention of congress in issuing the bonds, the democrats, if they should ever get into power, could repeal our act and declare exactly the reverse ; while the acts under which the bonds were issued formed a part ol the bonds and could not be changed by subsequent legislation. I agreed with the republican senators that the bonds must be paid in coin ; but, as a law- yer, differed from them as to the effects of the then pending bill. Mr. Allen, in his second letter, further charges: "For the six years Mr. Carpenter was in the senate he made no speech, he uttered no word, and he gave no vote except in favor of inflation, against resumption and a return to a redeemable paper currency." The reckless character of Mr. Allen's assertions, and the utter untruth of his charges, may well be tested upon this point. He says that during my whole term in the senate / voted against resumption and a return to a redeemable paper currency. Let us see how truthful he is : The bill providing for " resumption and a return to a redeemable paper currency," or in other words, specie payments, was passed in the senate December 22, 1875. Whoever will turn to the Congressional Record, vol. 3, part I, pp. 1S8-208, will find that / voted against every amendment of- fered to the bill, and voted for the bill on its final passage. If any one after this charge, in the very face of the truth and the record, 326 LIFE OF CARPENTER. can place any confidence in Mr. Allen's charges, I commend him for his credulity, but must question his discrimination. (B) On the 6th of August, only five days after my letter to Mr. Kutchin, 1 authorized the publication in the Chicago Times of an interview 1 of the Washington correspondent of that paper with me, in which I declared I was in full fellowship with the republican party — its doctrines and meas- ures. When I said //lul, I meant, as I supposed every one would under- stand, that I was in favor of the principles and measures of the republican party. I did not proceed to enumerate those measures, but everybody well knew that the hard-money theory was then one of the cardinal principles of the republican party. Shortly afterwards, in reply to unfriendly criticism in the Chicago Tribune, I published a letter defying it to point to a single act or word of mine disloyal to the republican party since I joined it. Indeed, I have never understood that my republicanism was really doubted ; but that the charge that I was not a republican was deemed by other candidates essential to their success. My friends in Milwaukee did not question my political integrity, or they would not have requested me to become the republican candidate tor congress as they did by a telegram * dated October i, 1878, long before the publication of the letter to Mr. Kutchin. (C) Just before the November election, I came home and entered into the canvass in Milwaukee, and discussed the financial question in every speech I made; and declared everywhere for honest money and resumption of specie payments. Still Mr. Allen falsely declares I avoided all reference to finance until I was questioned upon the subject; and that, after being questioned, I skillfully avoided committing myself A greater misstate- ment never crept into print. In the ^r5/ speech I made — though no one put a question to me, — I advocated the hard-money theory as clearly and unequivocally as my command of language enabled me to do. In a subse- quent meeting in the Third ward, where I went to speak for five minutes, having another appointment for the same evening, where I was expected to make a longer speech, I touched upon the financial question very plainly 1 See page 316. 2 Hon. Matt. H. Carpenter, Washington, D. C. : Your friends in this city ask you to place yourself in their hands for nomination for member of congress in this district * * * We ask you to make this sacrifice for the benefit of the farty. Edward Sanderson, C. M. Sanger, Henry Fink, I. W. Van Schaick, John Thorsen, I. M. Bean, • D. Vance, N. A. Gray, Geo. Paschen, Edwin Hyde, Lem. Ellsworth, H. Ludington, James Jqhnson, William Kennedy, and many others. RESPECTS TO MR. ALLEN. 327 but very briefly ; as I was concluding, Dr. Johnson requested me to speak more fully upon the flnancial question. I then continued upon that subject at some lcn.,'th; not goinj,' into forty pages ol figures and statistics to empty benches, as Mr. Allen would have done — for it is well known that during the last campaign Mr. Allen made the largest figures to the smallest assem- blies of any man who ever stumped Wisconsin,— but dealing with the subject with perfect plainness. At my conclusion, before leaving the stand, I asked Dr. Johnson, who is a hard-money republican, if he was satisfied ; and, in full hearing ot the meeting, he declared he was. At another meeting I was interrupted by a gentleman who was in favor of what is called soft money; not to call me out, but in opposit.on to wliat I had said. I answered all his questions and continued advocating the hard- monev theorv. But Dr. Johnson was the only man who interrupted me to call me out; and that was, as I have said, after I had in one or more epeeches, certainly one speech, plainly advocated the hard-money theory. 4. Again, Mr. Allen says: "He only made two declarations — one, that when a bond was drawn payable in gold it should be payable in gold. Who disputed this .' Second, that he stood squarely upon the republican platform — which platform or what platform he avoided saying. The last platform made by the republican party of this state was in the convention of 1877, and it was more soft than hard," etc., and that no honest- money republican ever s'ood upon it. This charge is against the republican party, not me, as I did nol dr.nw that plattbrm, nor was I consulted about it. Tiie platform to which I referred in my speeches was the platform adopted at the last presidential conven- tion. But it is false that I only declared myselt a republican standing on its platform. I declared myself in favor 01 honest money, and my belief that upon no other basis could the permanent prosperity ot any nation rest. 5. Mr. Allen declares that The Connnonzicalth did not say a word, while the people were anxious, etc. I think Mr. Allen is mistaken in this. My recollection is that within a few days after my letter of August ist to Mr. Kutchin, The Common-vcaWi did declare that I was a slaun ;h republican and sound on the financial question; and, unless I am greatly mistaken, it had done so even before that. Mr. Kutchin did not write me because he entertained any doubt as to my status, but he thought I ou^ht to publish some statement denying the charge which my enemies were making on the subject; and I did not think so, because I did not see, as I wrote to him, why, after my past political record, anybody, unless an enemy, would re- quire me to enter into bonds to keep the peace. Mr. Allen says, ^'ho-Measy it was for him to have said that he was in favor of an honest redeemable money, and in favor of the present resumption law. That ivouhl have cov- ered it all." In point of fact, I did declare over and again that I was in iavor of hon- 328 LIFE OF CARPENTER. est redeemable money ; and I have shown / voted for " the present resump- tion latv." I have shown that Mr. Allen is guilty of having published a libel upon a neighbor, and attempting to support it by a pretended statement of facts equally false. I will leave him to such repose as a libeler can expect. Matt. H. Carpenter. ON THE STUMP. As the day of election drew near, Carpenter returned to Wisconsin and delivered a number of campaign addresses. He gave his attention particularly to Milwaukee, speaking in every ward of the city. He was received with enthusiasm and greeted by swarms of hearers. In the populous Third ward, in which the voters are mostly Irish and democrats, he was met with demonstrations that were little short of terrific. A newspaper description of the great meeting said: " Matt. H. Carpenter ascended the rostrum in the midst of regular Indian yells." His influence in Milwaukee was marked. Although a democratic stronghold, the republicans elected ten of its fourteen members of the legislature. These ten at once issued a brief card to the members-elect through- out the state, declaring their intention to support Carpenter and asking co-operation. When the election returns had been fully straightened, it appeared that eighty-eight republicans had been chosen, of whom twenty-five were outspoken for Carpenter. THE EVE OF BATTLE. The legislature convened on Wednesday, January 9, 1879, with the hotels, boarding-houses and many private residences crowded with lobbyists. Hundreds of influential men from Milwaukee, Rock, Fond du Lac and other populous counties were present in the interest of Carpenter, who was absent attending to important law cases in New York and Wash- ington. The rumors in circulation that the Keyes and Howe .forces would in some manner unite, caused the supporters of Carpenter no small amount of disquietude, and on the fol- THE EVE OF BATTLE. 329 lowing Monday evening, in response to urgent telegrams, he appeared on the scene m fropria fersoiia, when hope and en- thusiasm went up with a bound. The republican caucus was held on the evening of January 17th. Senator Hamilton Richardson, of Rock county, pre- sented Carpenter, seconded by Assemblyman E. B. Simpson, of Milwaukee. The first formal ballot brought this result: E. W. Keyes twenty-eight; T. O. Howe twenty-five; Matt. H. Carpenter twenty-four; Philetus Sawyer five; Horace Rublee five; John H. Tweedy one; total eighty-eight. On the next ballot Carpenter received twenty-six votes — the full number of his first-choice supporters. A dozen ballots were taken before adjournment without any material change. On the following day fifteen ballots were recorded, and when adjournment for Sunday took place late on Saturday evening, the number of ballotings had reached forty-nine, the last standing, Carpenter twenty-eight; Keyes thirty-one; Howe twenty-six. Before dispersing to their homes for Sunday, Carpenter's supporters entered into a pact declaring they would " vote for no man but Matt." for senator.^ On Monday the caucus re-assembled, and before adjourn- ment the number of ballotings reached seventy-nine, the vote for Carpenter fluctuating between twenty-six and twent}-- 1 This letter from one of the " solid twenty-five " shows how it was done: Fond du Lac, Wis., June 23, 1883. There was no written compact or document by which Matt.'s supporters bound themselves. The plan was simply this: Alter each se>sion of the republican legislative caucus we held a Carpenter caucus. Before adjourn- ing we passed a resolution by a rising vote, unanimously, that we would not waver or change until the next meeting of the Carpenter caucus. After what proved to be our last " Carpenter" caucus (the day before his nomi- nation), it was quietly determined by the leading spirits of the Carpenter column to call no more caucuses, and let the last one stand as adjourned sine dicy thus leaving the pledge perpetual. This arrangement was made on account of one of the members objecting to an unlimited pleiige. The scheme for a perpetual pledge came from Coleman, Sanderson and Matt.'s coterie of friends outside. The modification to a daily pledge was at my suggestion. The adjournment sine die was originated by Senator Andrews, the chairman of our caucus. S. 33© LIFE OF CARPENTER. nine. When the caucus met next day the ballotings con- tinued without change until the ninetieth, when the announce- ment of thirty-five for Carpenter produced a decided ripple of excitement. The five subsequent trials bore a similar result. Then it became apparent to the cohorts of Howe and Keyes that the tide had at last turned away from them, and that unless an adjournment could be had, Carpenter would soon secure a majority. They therefore united and adjourned until the succeeding morning. The three contend- ing factions then held secret consultations, when Keyes de- cided to withdraw. This news spread like a prairie fire and was received everywhere with rejoicing. The ceaseless struggling and intense excitement of the preceding fortnight had so completely exhausted everybody that a settlement of any kind would have been received with feelings of relief if not of pleasure. VICTORY. The break-up, everybody knew, meant the election of Carpenter, and until far after midnight he stood in his apart- ments receiving the congratulations of his friends and admir- ers. The campaign had been a gallant one, and conducted with consummate shrewdness. Carpenter was everywhere present, never mentioning the senatorship, but winning friends by that magical fascination he exerted over all who came in contact with him. No unfriendly feeling was engendered by his supporters among opponents, but cordial, courteous treatment was extended to all, thus making friends of them, while the " solid twenty-five " settled down complacently but doggedly to " stand by Matt, to the last." On the morning of January 23d, at nine o'clock, the caucus convened for the last time. Senator Geo. B. Burrows in a spirited speech for his leader, withdrew the name of E. W. Keyes, and, in accordance with instructions from Keyes, moved that Carpenter be nominated b}- acclamation. Sen- ator D. M. Kelly then formally announced the withdrawal of THE PEOPLE REJOICE. 33 1 T. O. Howe, whereupon, in the midst of vociferous huzzas, upon the motion of Burrows, Carpenter was nominated without a dissenting vote. At twelve o'clock of the same day the joint convention of the two houses met, as required by the federal statutes, and proceeded to vote for a person to succeed Mr. Howe in the United States senate six years, from March 4, 1879. The ballot resulted in eighty-four ' for Carpenter, twenty-eight for Chief Justice Edward G. Ryan, his old-time partner, and thirteen for Gabriel Bouck. The assembly chamber was crowded to its utmost when the result was announced. The multitude had gathered expecting a speech from the success- ful candidate. Within a few moments after the formalities had been tinished, the committee appointed by the president of the senate for that purpose appeared in escort of Carpen- ter. When the tumult had subsided, half-choked by emo- tion, he made a brief speech, ending thus: My heart is full of gratitude to the legislature of Wisconsin for this honor. Following, as it does, upon some unfortunate circumstances in my past history, I appreciate it all the more, and I thank you all the more sin- cerely. And in accepting this trust from the legislature of Wisconsin, I can truthfully say I shall be willing to lay it down at any time when the legislature of Wisconsin say I have forfeited or disregarded it. THE PEOPLE REJOICE. The new^s of Carpenter's election was received with demonstrations of satisfaction in every city, hamlet and com- munity in the commonwealth, and met with approbation throughout the Union, several state legislatures — an extra- ordinary proceeding — adopting resolutions congratulating Wisconsin on her choice. Telegrams of congratulation poured in from Washington, New York and almost every city of note in the republic. Among them, and which moved him more deeply than all others, was one from his son Paul, then aged ten years, in these words: '■''Dear, splendid Papa: Mamma and I send love and congatulations." 1 Four republicans were unavoidably absent. 332 LIFE OF CARPENTER. On the day following his election Carpenter proceeded homeward by a special train, his friends and supporters crowding the coaches. At Milwaukee a public meeting had already been held, and numerous committees of the foremost citizens formed for the purpose of carrying out an elaborate programme of reception. Ex-Governor Harrison Luding- ton was chosen president, and sub-committees of distin- guished men were appointed for each of the several wards of the city, the chamber of commerce and other associations. These individuals united in an eloquent telegram of congrat- ulation, and informed Carpenter that he would find a mass- meeting of his friends in the Academy of Music on the succeeding evening. The magnificent demonstration that greeted him on arriving in Milwaukee was well worth the efforts of a life-time. A multitude had assembled at the depot. As he issued from the car, cheer upon cheer rent the air. The band struck up, "See, the Conquering Hero Comes," and Carpenter literally waded through the crowd, shaking hands right and left, to the vehicle containing his wife and children. He was given a seat in an elegant sleigh drawn by four white chargers, preceded by the officers of the day, drawn by a team of six matched horses. A long procession of vehicles and peo- ple on foot formed and marched to the chamber of com- merce. All the great business blocks, banks and the shipping in the harbor were decorated with flags, and the streets were lined with shouting multitudes. Having arrived at the chamber, President Charles Ray welcomed the hero of the occasion, who, with tears of gratitude in his eyes, responded: There are times when a man is not in condition to speak. My heart is now too full of gratitude to the people of Milwaukee to permit me to ex- press the sentiments I feel. In all the years I have lived here I have re- ceived nothing but kindness. My mistakes have all been forgiven and the people of Milwaukee have stood by me like friends. I go now to represent you to the best of my ability in the senate of the United States. * * •* Having reached specie resumption we have but one important mission WELCOMED BACK TO WASHINGTON. 333 < pressing us. We must heal our sectional differences. The states of the south are expected to carry out all the amendments to the constitution. We can not throw away the fruits of our fearful war. All men, without re- gard to color, condition or nationality, should be equal and protected before the law, and must have the right of suffrage. That means something more than putting a ballot into a box — that ballot must be counted. Con'j^ress has the power, and it is a duty, to legislate so as to protect every citizen in the south in the full and free exercise of his constitutional rights, and to protect every northern man who goes south in the interest of business or in the pursuit of health. * * * God has laid upon this people great re- sponsibilities and the power to meet them, but they will rvever be fully met until every colored man is as free as any white man. In performing this duty I have nothing to fear. A greater nation than this does not exist. We have but to secure equal rights to all men to be what God intended — to be a leader and a shedder of light for all the nations of the earth. This brief speech was greeted, sentence by sentence, with the loudest applause. Three rousing cheers were given for the "solid twenty-tive, the old guard — that may die but never surrenders."' Carpenter was then escorted home by the band and a large number of citizens. In the evening the regular mass-meeting for congratulation was held in the Academy of Music. It was a perfect crush, at which General Harrison C. Hobart gave voice to the city's welcome. Carpenter, 'n response, delivered a popular rather than an argumentative or profound speech, occupying about an hour. The crowds that came out on this occasion did not constitute his fair- weather friends, for they were all present to extend a royal welcome when, four years before, he returned in a winter hurricane, cloaked with the bitterness and desolation of defeat. WELCOMED BACK TO WASHINGTON. After a very brief period of rest. Carpenter proceeded to Washington, where he arrived on Thursday, January 30th. There the proceedings for extending a welcome were hardly less elaborate and spirited than they had been at Milwaukee. A committee of distinguished persons, according to arrange- ments previously perfected, waited on him at the depot and escorted him to Willard's Hotel. There he found, to his 334 LIFE OF CARPENTER. astonishment, the street, briUiant with pyrotechnics and cal- cium lights, entirely blockaded with an enthusiastic assem- blage. As he drew up to the hotel, loud huzzas and the firing of cannon, followed by the strains of "Hail to the Chief " by the Marine band, greeted him like the shouts of a victorious army. The addresses of welcome were delivered by General Halbert E. Paine and Public Printer A. M. Clapp. Carpenter replied: I have no language in which to thank you for this reception and cordial greeting back to Washington. I know, however, that it is not a personal tribute to me. You come here to testify your sympathy for and firm sup- port of those principles which you believe, and which I will support with my voice and vote to the utmost of my ability. We are all republicans — republicans, because we believe the destiny of this country rests in the keeping of that party. My own election in Wisconsin was no tribute to my personal qualities. Still less was it a reflection on the popularity of him whom I was elected to succeed. It was because four years ago there had been committed a wrong, not a wrong against me, but a wrong done to the organization of the republican party ; for, unless our party will stand by its banner, and sustain its nominees, there is an end of party, and the end of our party would be the end of the greatest and brightest hopes this country enjoys to-day. At the conclusion of the ceremonies, he retired to the parlors of the hotel, where, surrounded by a profusion of flowers, he stood for an hour or more "shaking hands like a President." GENUINE CIVIL SERVICE REFORM. It will be recollected that Carpenter characterized the " civil service reform " as formulated by Joseph Medill and others, concocted and tested during President Grant's last term, as " a humbug," and " a gilt-edge vagary." He voted and spoke against the measure, predicting it would prove a failure. The prediction was fully verified. Although some severe criticisms arose against him for this position, time proved not only that his views of the matter were correct when it came to actual practice, but that he was, in fact, the GENUINE CIVIL SERVICE REFORM. 335 best civil service reformer of them all. Before leaving for Washington, he wrote tlie following card: Milwaukee, Wis., Jan. 25, 1S79. To the Editor of the Sentinel: I have received so many hundreds of letters of congratulation within the last three days that it is impossible for me to answer them. Therefore, allow me to say through your columns to all my friends, that I thank them for their sympathy and friendship; and it will be my chief ambition to prove myself worthy of such friends. I infer from letters I have received there is a wide-spread expectation that I will make war upon federal office-holders appointed on the recom- mendation of Senator Howe. I wish to correct this impression at the threshold. Whatever influence over appointments is given to a United States senator is intended to be exercised for the benefit of the public service, and not for his personal advantage. The tenure of office should not depend upon the personal relations between the appointing and advising power and the oflicial, but upon the efficiency with which he meets the requirements of the service. No office-holder appointed at the instance of Senator IJowe need tear anything from me as long as he discharges the duties of his position to the satisfaction of the people. Matt. II. Carpknter. The usual custom of politicians is to promulgate pledges of such sort while they are desiring and seeking an election to office, not after they have secured it. But this promise, made when there was no necessity for it, except to set forth his theory of a genuine civil service reform, was sacredly kept until death. 33^ LIFE OF CARPENTER. CHAPTER XXIX. IN THE UNITED STATES SENATE. To the general public the most conspicuous feature of Carpenter's whole life is his career in the senate of the United States, although the sum of all that he did in that body did not equal his matchless efforts in behalf of the Union during the Rebellion nor those unrivaled forensic arguments which alone, Justice Bradley has said, "should make him im- mortal." This is because all his sayings and doings in the senate were recorded in the Congressional Record and fully reported and discussed in the daily newspapers, thus becom- ing familiar to the people. Carpenter was sworn in at noon, March 4, 1869, and chose seat forty-two in the senate chamber, on the Vice-President's left. He»had on his right Reuben E. Fenton, of New York, and on his left Abijah Gilbert, of Florida. Nineteen other senator''-elect were sworn at that time, among whom were Thomas F. Bayard, Zachariah Chandler, George F. Ed- munds, Hannibal Hamlin, Carl Schurz, Allen G. Thurman, Charles Sumner, William Sprague, Alexander Ramsey and Reuben E. Fenton. When, upon the motion of Senator Anthony, of Rhode Island, the standing committees were formed. Carpenter appeared in those on judiciary, on patents, and on revision of the laws of the United States — all impor- tant. His companions were such men as Conkling, Thur- man, Bayard, Ferry, Edmunds, Sumner and Trumbull. MAIDEN EFFORTS. On the loth day of March, Carpenter, by request, arose and introduced his first bill — " No. 96, S. A bill to provide for holding the courts of the United States in case of the sick- ness or other disability of the judges of the district courts." On the same day he introduced his first resolution — " S. R. HIS FIRST SPEFXII. 337 No. 15. A joint resolution giving construction to the acts of congress granting hinds to the state of Wisconsin to aid in building a railroad." HIS FIRST SPEECH His first speech was one of five minutes, explaining why he should vote against the measure entitled "a bill to strengthen the public credit." This act, which became a law March i8, 1869, declared that "the faith of the United States is solemnly pledged to the payment in coin or its equivalent of all the obligations of the United States not bearing inter- est, known as United States notes, and of all the interest- bearing obligations of the United States, except in cases where the law authorizing the issue of any such obligation has expressly provided that the same may be paid in lawful money or other currency than gold and silver." Carpenter regarded the measure as a superfluity, if not an exhibition of weakness. He said: In the first place I am unwilling to admit that there has ever been a doubt as to this government discharging its just obligations, unwilling to admit or seem to admit that it is necessary for congress, by solemn act, to declare that the people of the United States are honest. I believe that by a fair construction of the acts under which these bonds were issued, read in the light of the circumstances attending the negotiation and sale of the bonds, the public faith of the government is as firmly pledged as it ever can be to the payment of these bonds in coin. The passage of this act may provoke a future congress to attempt its repeal, and such repeal, merely leaving the law as to the bonds where it stands at present, would harm our credit more than the passage of this bill would help it. Again, if we resume specie payments before the maturity of these bonds, as I trust we shall, the difficulty settles itself. His first speech of any considerable length was delivered March 17th, on B. F. Butler's bill to repeal the tenure-of- oflice act, a law enacted for the purpose of preventing Andrew Johnson, after he became President by the death of Lincoln, from removing all the republican federal oflicials for political reasons alone, and appointing in their stead, during a recess of the senate, persons of his own political belief. He 338 LIFE OF CARPENTER. opposed the repeal of the act though it was simply a law de- claring the President should not disobey the constitution; but other senators voted against him because, as he said, " an army of hungr}'- office-seekers were laying siege to Wash- ington," and they hoped by repealing the act to get a large ' share of this army into comfortable berths during a recess of the senate through the new President, Grant. His position was so manly and his argument so clear that the speech at- tracted considerable attention, though contrary to the wishes of President Grant and his cabinet. The act was not fully repealed. A SPECIAL SESSION During the special session called by President Grant to convene April 12, 1869, Carpenter introduced a resolution calling on the various departments for information as to the number, age, compensation, date of appointment and recom- mendation of the employes thereof. In support of this he said that congress should have some knowledge about the forty-five thousand clerks employed in the various depart- ments, as he believed that if the number were reduced fifty per cent., and the work and the pay increased, public busi- ness would be expedited and public expense reduced. He also said, " men are charged to Wisconsin in the official reg- isters who never resided in the state, so I have an object in offering this resolution beyond the mere curiosity of knowing how many employes there are in the departments and who secured their appointment." In answer to a question upon the matter, Carpenter said: In moving the resolution at the time it was offered I had a double object in view. One looked partially to the subject of patronage and its distribu- tion among the states ; and I suggest that that is not a totally unimportant matter. These clerical appointments are of a nature the duties of which may be performed by a great many persons in all the states who have been partially disabled from performing serious and laborious toil in the late war. We have in Wisconsin, in Illinois, in every western state, our full quota of persons who have been disabled, and so far disabled that they are incom- SO-CALLED LOYAL CLAIMANTS. 339 patent for actual business or labor, but nevertheless could perform many of the clerical duties which are required in these departments. It is therefore no more than just and fair that this patronage should be distributed as equally as may be between the several states. I entirely dissent from the views of my friend from Nevada in rtjjard to this matter. He says that we had better have no appointments from the states, and allow the departments to be filled altogether from the District of Columbia, because when a man has been here four years in one of these positions he is absolutely ruined and disqualified to do anything else. Sir, when a man has lived so long in Washington that he can not do anything else but perform his duties at a desk in a department, he is no longi r fit to do that. The argument of the senator from Nevada would apply just as strongly to congress as to the departments. He might say with equal force that there never should be a change in the house or the senate, because when a man had been here four years or six years he was out of business elsewhere, and might just as well be ruined the rest of his life as to siwil a fresh man. Nearly all of the old senators opposed the resolution, for the reason that it was liable to furnish altogether too much information in which they were interested, but Carpenter carried it through nevertheless. SO-CALLED LOYAL CLAIMANTS. A resolution was introduced in the house providing for the payment of vessels owned in the loyal states but seized or destroyed during the war while engaged in commerce in the disloyal states. It passed the house, and seemed likely to pass the senate also, when Carpenter, as the inimitable Sena- tor Nye observed, "rose and gave it a ver}' black eve," saying: It is impossible to discuss any question which grows out of the late war without meeting in the face this fundamental question: What was the leal character and nature of that war? If it was a mere insurrection of individ- uals, then we could pursue them only in the forms of civil remedv ; we could arrest no man without affidavit; we could search no man's house without a warrant; we could hang no man until he had been convicted ; we could shoot no man except a deserter from the army. If, on the contrary, the state of things was public war, then the government had bellu'^erent rights toward that country and toward all its people and toward all its property. 34© LIFE OF CARPENTER. This question came before the several departments of the government in the early years of the war, and by every department it was determined to be a public war, and the government was asserted to have the rights of a belligerent toward that people and all their possessions. This was clearly decided by the supreme court in the prize case at the December term, 1862, if I remember right. There it was held that the war had assumed such proportions as to make it a geographical and territorial war, and that every man in the state of Virginia, for instance, no matter whether loyal or dis- loyal in sentiment, was a public enemy of the United States. If that be the sound theory of the subject, then every man, woman and child in that state, and every piece of property, real or personal, within it, was at the mercy of the government in the exercise of its war powers; and if we took horses and mules, if we took corn and beans and pork, if we took any- thing which should supply our wants or replenish our treasury, we did what we had a right to do, and doing it gives no foundation for a claim against the treasury. Believing this to be the true theory of the subject, and believing that the government can maintain itself before the people and the world upon no other theory, I shall of course vote against every proposition to pay any inan for anything taken by military orders in the rebellious districts. Carpenter's further theory was, that if the vessels were in the rebeUious districts, they were there for the purpose of profiling out of the Rebellion, and their owners, therefore, could not be loyal in spirit, though they might, as was alleged, live in the loyal states. RECONSTRUCTING GEORGIA. In the second session of the forty-first congress, which convened December 6, 1869, and which was long and stormy, Carpenter took a leading part in the debates, and became a conspicuous and popular figure before the country. At the opening of the session he introduced a bill increas- ing the salary of the chief justice of the supreme court to $12,000, and of the associate justices to $10,000 each per annum. After being tumbled about for several months the measure was indefinitely postponed, although all the leading lawyers in the country favored its passage. On the same day Senator Morton presented a bill " to promote the recon- struction of Georgia." Owing to the great attention which RECONSTRUCTING GEORGIA. 34I he had given to the vital question of reconstruction, Carpen- ter was requested by the judiciary committee to draft a sub- stitute for Morton's bill, which, after a lengthy and able debase, was finally passed. It provided that the governor of Georgia should summon the legislature elected June 25, 1868; that the members so elected should take either the iron-clad oath or the one taken by those whose disabilities had been removed by section three of the fourteenth amendment to the constitution; that no member should be refused a seat because of color; that any person attempting by force ' or otherwise to prevent any person so elected from taking the oath or performing any of the duties of his otlice, should be punished by imprisonment not less than two nor more than ten years, and that such legislature so convened should pro- ceed to reorganization and the transaction of business. Mor- ton offered an amendment declaring "That the legislature shall be provisional only, and until after it has ratified the fourteenth and fifteenth amendments to the constitution of the United States, and senators and representatives in congress from the state of Georgia have been admitted to their seats." In opposing this amendment Carpenter said he thought it was an unnecessary measure, as every one knew Georgia understood the terms on which states were to be admitted. He further argued: I think the amendment is pernicious in this respect; it will be claimed hereafter, and will be the subject of much discussion, that these southern states have not voluntarily ratified that amendment of the constitution. I do not say that that claim is well founded; I do not believe it is; but we shall hear it, and I am opposed to any amendment of this bill which shall lead manifestly to the discussion of these troublesome subjects hereafter. They will say that they were held by military power; they will say that congress dictated to them the terms upon which they were to come into the Union; that they were practically and substantially in duress, and are not bound by the vote of adoption they have passed. Now, I am simply objecting to this because I am opposed to making up a bill of exceptions upon which some future Jeff. Davis shall move for a new trial. 1 A few months before, the colored members of the Georgia legislature had been forcibly compelled to abandon their seats. 342 LIFE OF CARPENTER. I have no objection to the doctrine of the amendment. I will never vote in my place to admit that state until she does ratify the fifteenth amendment, unless I experience some unexpected change of mind or heart; but I do dot see the necessity of our announcing in advance what we will or will not do. Morton's amendment was adopted and the bill was passed, Carpenter voting aye. He predicted, however, that in the lawless and disordered state in which Georgia then was, she would not conform to the requirements of the acts of recon- struction and would not come properly into the Union. This prediction was verified, and when, in February, 1870, B. F. Butler, in the house, presented a bill for the admission of Georgia, all the old arguments, animosities and objections were revamped and rehashed. In the exceedingly lengthy debate which this bill precipitated. Carpenter bore a prom- inent, able part. The bill provided the conditions upon which Georgia should be admitted, to which, all and singular. Car- penter objected, arguing that a state was either fit to be ad- mitted unconditionally into the Union or not at all. Mr. Drake, of Missouri, offered an amendment providing for call- ing the militia into Georgia upon the representation of the legislature or the governor, for the purpose of suppressing ku klux klans and other disturbing or murderous organiza- tions, when Carpenter pointed out how idle such a law would be in a state where the legislature and officers were more than likely to be members of those organizations, in which case no request would ever be forthcoming. He argued that some discretionary power should be invested in the President to take steps to suppress lawlessness and murder in the south. A CLASH WITH SUMNER. It was during this debate that Carpenter, in applying the lash to Charles Sumner for favoring the various " funda- mental conditions " upon which it was proposed to admit Georgia, declared that the controversy then in progress would not soon pass from memory, as " all the loose thought iand wild talk inspired by a civil war, confined hitherto to A CLASH WITH SUMNER. 343 newspaper editorials and inflammatory speeches on the stump, at length have found utterance in this high place; all this extravagance and absolute wildness are sanctioned, sanc- tified and canonized by the indorsement of the senator from Massachusetts." He also declared that whenever in his course the senator from Massachusetts met the circumvallat- ing limits of the constitution, he mounted the declaration of independence and rode over the obstruction on some of " the glittering generalities of that revolutionary pronuncianiento," an expression that Sumner caught up to arouse the ire and secure the sympathy of the prudes of the republic. One of the provisions, or " fundamental conditions," upon which it was proposed to admit Georgia was that her con- stitution should " never be so amended or changed as to de- prive any citizen or class of citizens of the right to vote." This Carpenter ridiculed as childish, as the constitution of the United States guarantied that right to the citizens of all states, and the provisions of no state constitution could strike it down or annul it. He declared When a bill comes before congress thus clogged with limitations and con- ditions, it is evident there is some little question about the propriety of ad- mitting Georgia at this time. * * * Is it safe, is it prudent, to pass the bill with this amendment and admit the state into the Union? Look at the report of General Terry, listen to the testimony of our friends from Georgia, consider the lawlessness that prevails there, and then answer on your consciences whether that community be fit to be received into full communion as a state of the Union. I can not think so. * * * * * The more I reflect upon this subject the more I think it would be little less than madness to admit this state; and as we are all agreed that it is not safe to do so, why can we not do one logical thing in this business of recon- struction, namely, postpone this bill indefinitely, and remand this com- munity either to military supervision under the reconstruction acts, or do what, if I could have my way, I would have done with all the states — put her under a civil territorial form of government, subject at all times to the revising and supervising power of congress, until the elements lashed into fury bv the war shall have subsided, order be restored and peace estab- lished in that distracted community. In that way we can perform all the duties of the government, restrain crime and promote the welfare of that people. I 344 LIFE OF CARPENTER. Some days after this speech Sumner made his descent upon Carpenter for referring to the declaration of independ- ence as the " glittering generalities of a revolutionary pro- nunciamento," as well as for his constitutional objections to " admitting Georgia, bound and gagged, half-way into the Union." He was very earnest if not angry in his manner, and denounced Carpenter in strong terms, but did not at- tempt to overthrow his arguments and conclusions except by accusing him of reviving state rights and slavery doc- trines, and appearing in the " blood-bespattered garments of John C. Calhoun." Several times during this bitter denun- ciatory declamation Carpenter requested to be allowed to ask a question — a courtesy always granted by senators except upon some peculiar occasion, — but Sumner scorn- fully refused, closing his effort by accusing Carpenter of advocating the exploded tenets of slavery and of misrepre- senting his [Sumner's] former speech. The moment Sum- ner resumed his seat Carpenter rose to reply, not waiting, as the gentleman from Massachusetts had done, several days to prepare for an assault. He had uttered only a few sen- tences when Sumner began a series of interruptions which were finally suppressed, as will appear by this official ex- tract from the debate: The senator has also called me to account for slighting the declaration of independence, and again charges me with advocating the doctrines of Calhoun and vindicating slavery. The propensity of the senator to reduce every discussion, no mater what may be its subject, to the general head of slavery — a field of debate in which he has had great experience and won many laurels — calls to inind the practice of the quack who always threw his patient into convulsions, because that was a disease within his healing power. If the senator can refer any discussion to the head of slavery, he feels assured of victory and immediately proclaims his triumph. And here, where the question relates to the power of congress over a given sub- ject, instead of meeting it like a man, face to face; instead of treating it like a law3'er, with reason and argument, he flies at his opponent with de- nunciation and malediction, and pronounces him a secessionist and nullifier. Mr. Sumner — I used no such words. Mr. Carpenter — You did not like to be interrupted either, if I recollect. GEORGIA AND MISSISSIPPI. 345 Mr. Sumner — No. Mr. Carpenter — I understand that the rules of the senate apply to you as well as to other senators. The Presiding Officer — The senator will address the chair, and will not be interrupted unless by his consent. GEORGIA AND MISSISSIPPI. In this debate Carpenter was also opposed by Senator Morton, who favored admittinfr Geor<:ria conditionally; but the lamented senator from Indiana was silenced by the quoting of page after page from a speech he had made in 1868 upon the bill to admit Arkansas, and in which he had taken exactly the opposite ground, declaring it was " impossible to impose a fundamental condition upon the people of an incoming state." It was a powerful and conclusive speech — one of the very strongest of those ponderous addresses that Morton some- times pronounced in the senate, and Carpenter turned it upon the more puny arguments of the occasion in question with such deadly effect that not a syllable of reply was vouch- safed. Georgia was unconditionally admitted into the Union July 15, 1870. In the briefer but not less spirited and able debate on B. F. Butler's bill to admit Mississippi into the Union, Carpen- ter argued particularly upon the constitutionality of the measure, and combated with great vigor the theory of some ot the democrats and of ' Norton, of Minnesota, that the southern states had never been out of the Union, and, there- fore, they had nothing to do at the close of the war but to elect representatives and senators, and congress had nothing to do but admit them. He argued that the more logical course would have been, on the surrender of Lee at Appomatto.x, for congress to have declared the war ended, all local governments in the rebell- ious states destroyed by the people thereof, and then to have proceeded with the formation of territorial governments, to 346 LIFE OF CARPENTER. continue until the inhabitants should be reconstructed in spirit and heart, as well as in form: But as that has not been done, we must hurry the work of reconstruc- tion, in order to silence military law, and Mississippi now applies for ad- mission as a state. Her government is not five years old; it is not the same government that was in this Union in i860; but it comes here now for the first time. Sir, it comes as a state, and you have but one thing to determine; you can admit her, or you can refuse her, but you can not do both. You must recognize her as possessing, in every respect and partic- ular, all the privileges, powers and prerogatives of a state, before you can admit her into this Union, because this Union is composed of states, and of states onl3'. * * * By admitting her senators and representatives to congress, you declare her to be a state, for none but states can send senators to this chamber. * * * This doctrine of "fundamental conditions" is erroneous, both as regards the state and the United States. Those matters which belong equally to all the states are committed to this government, but all purely domestic matters are confided to the respective state govern- ments which compose this Union. He then showed that admitting any state upon "funda- mental conditions " would be declaring by congress that those acts imposing the conditions were constitutional. Therefore, a few years hence, a democratic congress might repeal those conditions as unnecessary, but having the prece- dent and sanction of a republican body, might declare that Massachusetts, New York and Illinois should be circum- scribed by congressional limitations and conditions, and pro- ceed to impose them. This illustration of how destructive in the fight the elephant may be when he turns back on his friends, startled the advocates of "fundamental conditions," and silenced many of them; but the bill was nevertheless passed. But, before the final vote was taken. Carpenter pleaded eloquently for perfect equality between the states, declaring anything else would be unconstitutional. He asked the senators if Mississippi, however much her sincerity and loyalty of spirit might be distrusted, could be admitted shorn of any powers, privileges and prerogatives granted to Mas- sachusetts by the tenth article of amendment to the constitu- RETURN OF THE OLD UOMIMON, 347 tion of the United States, and they were silent. He further illustrated his position: If a robber should apply for admission to my house, I would deny him admission, or I would admit him without exhibiting suspicion, thus show- ing him that I reposed confidence in him, and appeal to whatever of man- hood and generosity he might possess. But I would not admit him, and then insult him by pretending to tie his hands with a cord which I knew and he knew he could snap asunder in a second. * * * In so far as these conditions do not go beyond the provisions of the constitution of the United States, they are wholly useless, because the constitution would answer the same purpose. In so far as they do go beyond it, they are in direct conllict with the constitution. Mississippi was conditionally admitted February 23, 1870. RETURN OF THE OLD DOMINION. In the debate (January, 1870) on Senator Thurman's bill declaring Virginia to be entitled to representation in con- gress, Senator Drake offered an amendment providing " That the constitution of Virginia shall never be so amended or changed as .to deprive any citizen or class of citizens of the United States of the right to vote who are entitled to vote by the constitution herein recognized, except as a punishment for such crimes as are now felonies at common law." This was opposed by Carpenter, who said reconstruction had been begun too early, but if the time had come to admit Virginia, " let her be admitted as a state, not as a maimed, tied, muti- lated, partial member of this Union;" for if states were ad- mitted without the rights and privileges possessed by the other states, the Union must fail. " It will not do," he continued, " to say, as Virginia appears upon our threshold: 'We distrust you; we will not grant you the full functions of a state; we will not allow you to amend 3'our constitution in certain par- ticulars.' She must either come in as a state or remain a terri-. tory. We can not change a ':onstitution which the people of Virginia have ratified, and substitute by force one that they have not ratified." He argued at length against this amend- ment, showing that it was no more necessary to say 348 LIFE OF CARPENTER. Virginia should not violate the fourteenth and fifteenth amendments than that it should not violate any other article or provision of the constitution, or that New York should not. The clause providing that " Should the legislature of said state of Virginia at any time hereafter pass any act or resolution purporting to rescind, annul or retract its ratifi- cation of the fifteenth article of amendment of the constitu- tion of the United States, the passage of such act or resolution shall operate to exclude said state from representation in con- gress, and to remand said state to its condition immediately prior to the passage of this resolution," was also opposed by Carpenter. On that point he said: It is not an agreeable office to set in array before a man the sins he has committed. It would be still more ungracious, in admitting a state to fel- lowship as a member of the Union, to threaten her with punishment if she should violate her duty as a state. " Sufficient unto the day is the evil thereof." When the case arises which calls for congressional interference, congress will unquestionably interfere. It is our duty to extend to Vir- ginia, coming as a state into the Union, the right hand of fellowship, and treat her as an equal, honored and trusted sister while she remains faithful to the relation she now assumes. Should she ever again unfortunately fail in that duty, the remembrance of her towns burned, her fields ravaged, her homes desolated, will suggest to her what has been and what must be the remedy. He antagonized Sumner, Morton and other leading sena- tors at this time, but subsequently his doctrine was confirmed by the highest authority. The debate was important in plac- ing upon record not only Carpenter's interpretation of the constitution in the practical work of reconstruction, but in dis- closing his views of the policy and wisdom of the scheme itself. In regard to the latter he declared: If I were to express any opinion upon this subject of reconstruction going into the past, I should say "that the mistake which had been made was in hastening reconstruction. I would have had those southern states placed under the guardianship of the Union. I would have had them trained and disciplined to liberty and law and order, and all the better if it had been continued for twenty-five years. I would let this generation cool down. But then, sir, whenever the time did come, be it early or late, for creating states out of those territories, I would have states. I would have THE SPANISH GUN-BOATS — CUBA. 349 no maimed, tied, mutilated, partial member of this Union; no state here without the rights and privileges possessed by other states, for I believe no such Union can go safely on the tide of time. The guaranty of our Union, its perpetuity and its peace, is in the equality of every member of the Union. I would give to Virginia while I gave her place at this board 1 all the rights I would give to Massachusetts. If Carpenter's plan of reconstruction and " cooling down " had been adopted, tliere would have been no electoral com- mission, no Hamburg outrages or Chisholm butchery, no Louisiana returning-board, nor any of their collateral evils. THE SPANISH GUN-BOATS — CUBA. But that which made Carpenter most conspicuous during this session of congress, both in America and Europe, was his debate on a resolution, introduced by him December 13, 1869: Resolved, That, in the opinion of the senate, the thirty gun-boats pur- chased or contracted for in the United States by or on behalf of the govern- ment of Spain to be employed against the revolted district of Cuba should not be allowed to depart from the United States during the continuance of that rebellion. Two days later he opened his speech by saying he had waited anxiously for some old senator of national reputation, " thus giving to the subject a degree of importance which could not attach coming from him," and that fearing his " ardent western temperament and the warm sympathy of his nature would betray him into the use of inflammatory rhetoric," he should confine himself, " at great personal in- convenience," to his notes. He then gave a succinct but lucid history of Cuba; summed up her deplorable condition at that time; showed under what a wicked and stupendous system of extortion she was struggling; drew a startling picture of the slavery, physical and political, against which the Cubans were in revolt; quoted from the constitution of the patriots, which emancipated all slaves; astonished the senate by a comprehensive discourse upon the doctrines of neutrality 1 Virginia was conditionally admitted January 26, 1S70. 350 LIFE OF CARPENTER. and the law of nations; appealed eloquently to Charles Sumner, a veteran war-horse in the anti-slavery agitation, to make use of his position as chairman of the committee on foreign relations to place the government right on the record of freedom, and to throw the weight of his great influence on the side of struggling and down-trodden liberty; quoted all the statutes and from scores of decisions to sustain his theory that the thirty gun-boats which Spain was about to take out of New York against Cuba should be libeled, and thus give the Cubans an opportunity to prove, as they had begged to do, that the condition of things on their island was true as had been stated, and then closed: Nothing short of affording this opportunity will discharge our full duty in the premises. Spain, employing all her available naval and military forces, for more than a year has been unable to suppress the revolt in Cuba. If she shall, by means of these gun-boats, be able to accomplish what she has not been able to and probably could not do without them, and the subjection of that island shall thus be effected, to be followed with shooting, hanging and the wholesale punishments which always follow Spanish victories on this continent, Cuba may say, the world will say, and, what is worse, we shall know, that we have furnished to Spain the means by which this result is accomplished. If there be no war in Cuba, then Spain will not greatly suffer from the delay necessary to be occasioned in trying this question. Cuba holds up her hands to us, states her case, rep- resents her condition; Spain denies the truth of these statements and Cuba off(»rs to prove them. Shall we deny her this opportunity.^ * * * lj^, erty in Cuba is in the helplessness of infancy, its life is feeble, its pulse low. * * * As it is, whether the United States does its duty or vio- lates its duty, Cuba is without remedy; but there is a bar, the bar of impar- tial history, before which all governments must stand; there is a God, and a great book in which the deeds of nations are written, and there is retribu- tion for every nation which, knowing its duty, does it not. After closing the speech, which was listened to with un- usual attention, except that the senator from Massachusetts assumed a comtemptuous indifference. Carpenter stated that he thought early action was necessary, as he understood eighteen of the gun-boats would leave New York harbor in two days. At this Sumner sprung to his feet, and flaunting the paper upon which it was written before the senate, read THE SPANISH OUX-BOATS — CUBA. 35I a telegram sent from New York the night before, saying the vessels had been delivered to the agents of the Spanish government, that they were flying the Spanisli flag, were fully manned, and would put to sea the following morning. "The following morning is this morning," exultantly cried Sumner, who then proceeded to briefly oppose the resolution upon the ground that Carpenter had misapprehended the statutes, that Cuba was not in a state of war, and that con- "■ress had no knowledge of the real condition of affairs in Cuba upon which to predicate debate and action. Carpen- ter then asked if the present was not a most favorable time to libel the boats and secure proof on the facts the senator from Massachusetts had desired. Sumner replied that he thought not; that the better wa3'' was to await information from the state department,* and " send to the authorized agents in Cuba and direct them to report." Thus it became apparent to Carpenter that, for some rea- son unknown to him, Sumner was seeking delay, and he was not a little astonished that the great antagonist of slav- ery and oppression in other days should be possessed of such minute information, not within the reach of the other senators, in regard to the secret movements of the Spanish gun-boats fitted out in American ports in the interest of slav- ery, and that he should manifest such ill-concealed relish in reading it to the senate to show that the war-ships had sailed and that the purpose of the resolution had thus been baf- fled. When questioned as to the responsibility and identity of the sender of the dispatch, Sumner vouchsafed no infor- mation; but it soon became known that he was present the night before at a dinner given by Secretary Fish, and re- ceived a copy of the telegram from Sidney Webster (attor- ney or agent of the Spanish government at a large salary) to whom it was sent ofiicially. The gun-boats had been detained by the administration, but 1 A resolution asking for information relative to the revolt in Cuba luni previously been adopted. 352 LIFE OF CARPENTER. suddenly, when it became known that Carpenter had pre- pared a resolution asking to have them libeled, they were released, and taking officers, provisions and crews from the Spanish ship Pizarro, sailed away in the shortest possible order. The liberty-lovers of the senate had been outwitted. The Spaniards sent word that if action on Carpenter's reso- lution could be delayed, the gun-boats would be entirely be- yond the reach of its terms. That delay was secured before Carpenter discovered why it was wanted. When*Sumner's position and action in the senate became known and Carpenter's speech had been read by the people, there arose a violent clamor against the former and unbounded praise for the latter. The newspapers voiced public senti- ment. The New York Times cried " America's shame ;" the New York Sun declared that " Massachusetts had been forever disgraced," and hurled bolt after bolt at Sumner, styling him, in bitter irony, " The Great Pro-Slavery Senator from Massachusetts;" and the New Yov\. Herald said: The secretary has been influenced, probably, by Spanish agents, and among these by his own son-in-law, who, it is reported, receives a fee, or bribe, or whatever it may be called, of forty thousand dollars a year from Spain. He has been influenced, too, no doubt, by Senator Sumner, the chairman of the committee on foreign affairs in the senate, who is the enemy of Cuba, because, forsooth, he imagines that any kindness shown to the Cubans or the recognition of their belligerent rights might destroy the ef- fect of his grand sophomorical speech on the Alabama claims. SPLENDID INDORSEMENTS. On the other hand, the leading journals of the country, ir- respective of party, were unstinted in their commendation of Carpenter's eloquence and patriotism, while the foremost judges and jurists indorsed his interpretation of, and conclu- sions upon, the neutrality laws and the conditions necessary to constitute a state of belligerence. His name and praise appeared in almost every publication, and were heard in every gathering throughout the country. He thus became, at a single bound, the most prominent and popular member SPLENDID INDORSEMENTS. 353 of the senate. The various state legislatures then in session adopted resolutions indorsing his speech and condemning the action of the (government in libelinir the Hornet, a vessel fit- ted out by the Cuban patriots in American waters to cruise against Spain, while releasing, in such a manner as to arouse public suspicion, the thirty gun-boats fitted out in the same waters by the Spaniards to levy war against the Cuban patriots. Carpenter based his argument that it was the clear duty of the federal power to libel the thirty gun-boats fitted out in the United States to cruise against Cuba, upon the section of the neutrality laws of 1818 which declares that any ship in any manner fitted out, provisioned or armed within the limits of the United States, to be used to commit hostilities against the " subjects, citizens or property of any foreign prince or state, or any colony, district or people with whom the United States are at peace," shall be, with all her tackle, stores, am- munition, etc., seized, and the persons engaged in such fitting out fined and imprisoned. But Sumner, in the clear interest of Spain, said this law did not apply to Cuba and Spain in the case under discussion, and that Carpenter was laboring under a mistaken reading of the statutes. Three days later, however. Judge Alfred Conkling, of New York, who had been employed to gather and digest the neutrality laws dur- ing the " Patriot War " in Canada, wrote for Hamilton Fish, secretary of state, an elaborate opinion overthrowing the peculiar assumptions of Sumner and affirming the unblem- ished soundness of Carpenter's reasoning and conclusions. A great mass-meeting was held in New York city, which was addressed by Horace Greeley, Cassius M. Clay, and other leading men, to indorse Carpenter and condemn Sum- ner, and a resolution was adopted by the New York legisla- ture praising the former's speech, and declaring his resolution should have been adopted. On the 3_d day of February, when the bill introduced by Senator T. O. Howe [of Wisconsin] " to preserve the neu- 23 354 LIFE OF CARPENTER. trality of the United States," which had reference to Spain and Cuba, came up, Carpenter made a still more elaborate and powerful speech in support of the position he had as- sumed in favoring the adoption of his own resolution, and took occasion to handle Sumner and his so-styled " pro-slav- ery" remarks with great freedom and severity. Sumner, observing how pitilessly he was being torn to shreds, arose and denied that he intended in his remarks to convey the meaning that had been put upon them. Carpenter replied that no other construction was possible, and that Sumner should thank him for giving such an excellent opportunity to explain some very unfortunate remarks, adding: I understand him now to admit all that I claim, that this neutrality' act is as applicable to the condition of things between Spain and Cuba Mr. Sumner — No; I do not admit any such thing. Mr. Carpenter — I understand the senator now to admit that this statute of neutrality is just as applicable to a state of things between Spain and Cuba as it was between Spain and the South American provinces, provided the facts of the case bring it within the position that those parties occupied at that time. Mr. Sumner — Precisely; that is my position. Mr. Carpenter — That is all I wished to establish. I shall congratulate myself on having succeeded. I know I am right now, because I am not only sustained by the authorities which I have read, but I am backed up to the handle by the senator from Massachusetts. In this spirited controversy both men won. Carpenter failed to prevent the sailing of the Spanish gun-boats, but he won the highest place in popular regard. Sumner lost his hold upon the American public, but rendered full service to Spain. Carpenter's reputation as a brilliant orator, powerful de- bater and clear expounder of constitutional and international law was fully established by the Cuban question, was freely acknowledged everywhere, the New York Times pronounc- ing him the "best speaker in the senate and the Daniel Webster of the west." Indeed, it has never been denied that his second speech upon that subject was one of the most remarkable, in the wide range of its historical references, ex- AN "inhabitant" OR A "RESIDENT." ooo tended research into authorities and decisions, uncontro- vertible application of law to fact, unanswerable form of statements and arguments, and withal, in eloquence and sarcasm, that has ever been heard in the senate. No man could make any adequate reply to it without weeks of preparation; and although Sumner gave notice of a reply, he refrained from keeping the promise. AN "INHABITANT" OR A "RESIDENT." In March, 1870, occurred a somewhat notable debate on the eligibility of Adelbert Ames as senator from Mississippi. He was a general in the army, and had been sent as such to unreconstructed Mississippi. While stationed there he agreed that if he could be elected United States senator he would make Mississippi his future home. On this promise he was elected and presented himself for admission to the chamber. The committee on judiciary, after a careful investigation, decided Mr. Ames to be ineligible, whereupon the republican leaders made very active warfare upon the report and its signers, for partisan reasons, Mr. Ames being a republican, as were also a majority of the committee and of the senate. The constitution of the United States declares that a man to be eligible to the United States senate must be, among other things, "an inhabitant of the state for which he shall be chosen." Mr. Ames went temporarily to Mississippi upon military duty, in obedience to orders, and not volun- tarily as a citizen intending to found a home or a business. The question, therefore, turned upon whether he was an " inhabitant " of that state, and Carpenter, with great clear- ness and perspicuity, maintained that he was not, as Mr. Ames had stated to the committee that he would not have remained in Mississippi as a resident, nor resigned from the army, if he had not been chosen United States senator. In this debate those who proposed to seat Mr. Ames whether or not he was entitled to recognition were branded by Car- penter as " the advance guard of the constitution raiders." 3S6 LIFE OF CARPENTER. He paid a very high compliment to Mr. Ames for his hon- esty and fairness, saying: I-Ie made no attempt to conceal or color facts; he stated the truth with the frankness of a soldier. * * * I have the highest respect and admira- tion for General Ames, and if after this full performance of my duty and after my vote, which must be cast against him, a majority of the senate shall accord to him a seat in this body, though I shall regard the precedent as bad and a dangerous one, and though I shall believe that he has been ad- mitted to his seat through the bleeding sides and broken ribs of the con- stitution, nevertheless I shall most cordially welcome him personally. Mr. Ames was admitted April i, 1870, by a vote of forty to twelve. Among those who voted nay with Carpenter were Roscoe Conkling, Lyman Trumbull, Geo. F. Ed- munds, T. F. Bayard and Carl Schurz, and when the mat- ter was subsequently brought unofficially to the notice of several members of the United States supreme court, they decided without hesitancy that Carpenter's definition of ineli- gibility was correct. ENFORCING THE AMENDMENTS. During the long and somewhat partisan debates on Bing- ham's bill to enforce the fifteenth amendment, the democrats were greatly harassed by Carpenter's interpretation of the various amendments which they offered. While Thurman was advocating a provision which proposed to punish of- fenses against the laws governing the election of members of congress, Carpenter interposed: Inasmuch as the election takes place at the same time and place for offi- cers under the general government, to wit, members of congress and officers of the state government, if the penalties attached to our law are sufficient sanctions to compel obedience to it, the New York repeaters, as they go to the polls, will be in this predicament: they will be compelled to vote hon- estly for federal officers, but will be left to their old practices on state officers; and this will produce such an almighty perplexity on their part that I am afraid they will not vote at all. Carpenter offered this amendment to the Bingham bill, which was adopted and became a portion of the law: That any person who shall be deprived, or fail to be elected to any office, except that of member of congress or member of a state legislature, by LARGE OFFICES, SMALL PAY. 357 reason of the denial to any citizen of the right to vote, who offered his vote at the election, on account of his race, color or previous condition of servitude, shall ho. entitled to hold such ofHce and perform the duties and receive the emoluments thereof, and may recover the possession of such olTice by quo zvarraiito or other appropriate proceeding in tlie circuit or district court of the United States for the proper district, or in any state court having jurisdiction of such proceedings. LARGE OFFICES, SMALL PAY. During the discussion of the appropriation bills of the ses- sion, Carpenter made an eloquent but unavailing plea for the adoption of an amendment increasing the pay of the judi- ciary — raising the salaries of the justices of the supreme court to $10,000, and of other judges proportionately. He de- clared the time had come when the salaries for civil service must be increased or the government would go practically into the hands of an aristocracy of wealth. His argument is interesting: An act of congress which provided that no judge should sit on the su- preme bench unless he had a certain income would raise an insurrection in this country, and yet what is the practical difference between such an act and one which fixes the salary so low that a man can not take the place un- less he has a private income? Look at England. They are consistent with themselves. Their theory of civil government is that it should be in the hands of an aristocracy of wealth and nobility of blood. How do they manage to secure that end.? They will not pay a member of parliament a shilling. What is the result.' The house of commons to-day is the richest body of men in England. We have heard a great deal of discussion in that country that has come to us over the water about reform, enlarging the ballot What does it amount to? Has the poor man m England any rights whatever with the ballot enlarged? What odds does it make whether the nabob sitting in parlia- ment is voted for by twenty-five hundred or twenty-five thousand poor men? The poor men have no interest in parliament; they can not take seats there, because they can not support themselves after they get there. See how it works in our own midst. When General Grant's administra- tion came in, he offered the office of secretary of state to a statesman of the ■west, ot Iowa, a man whom all of us would have been proud to see in that place. How did he look at it? To come to Washington and live as a sec- retary of state should live would cost him $15,000 a year, and his salary was $S,ooo; $7,000 out of pocket each year. If he were to stay with his 358 LIFE OF CARPENTER. family in Iowa, he could support them on $5,000 and make $1.5,000. There was $17,000 difference in his bank account. He could not afford to pay that amount to be secretary of state. Then General Grant goes right to the eastern states and offers the office to a man to whom the $17,000 made no earthly difference; and in that case your $S,ooo paid to the present sec- retary of state is thrown away, because he would have taken the office just as quick without the salary as wrth it. Let me give another instance, to which my friend from Nevada [Mr. Nye] calls my attention. Duriijg the war Mr. Stanton was working in the war office on an average sixteen hours a day, doing an amount ot toil, meeting an amount of responsibility, which no man on earth ever did for such a length of time; toil and trouble that broke down his giant constitution and sent him untimely to the grave, where the representatives of this nation with heavy hearts and with heads bowed down have so recently laid him. During those same years railroad companies all over the country were pay- ing $10,000 a year to their attorneys PROTECTING CITIZENS ABROAD. Davis Hatch, of Connecticut, doing business in San Do- mingo, was seized upon the order of the president of the Dominican government and sentenced to death for no violation of law or order whatever, the pretense of President Baez being that he would make such revelations in regard to the condition of the island that a treaty then pending would not be ratified by the United States. O. E. Babcock was in San Domingo in charge of the treaty negotiations, and the peti- tion of Hatch related that he had been continued in prison at Babcock's solicitation. When Senator Ferry, in reading the peti-tion, came to this feature of it, Sumner exclaimed, refer- ring to Babcock: " He ought to be cashiered at once." This wakened Carpenter who objected to referring the documents for investigation to the committee on foreign relations, whose chairman, Sumner, was having a quarrel with President Grant, and who was therefore assumed to entertain a strong prejudice against General Babcock. Carpenter pronounced a speech on the subject, closing as follows: The British government stands peerless before the world and challenges the world's admiration for the protection it affords to its subjects in the re- motest corner of the globe. No matter how far away nor in what clime, THE FRANKING PRIVILEGE. 359 nor how humble the sufTerer may be, that government is ready to exert its utmost power for his relief and the redress of his wrongs. An injury to an Englishman is an insult to England. 1 admire the English monarchy as much for this as I detest it for the wrongs it often inflicts upon the subjects and citizens of other countries. In this respect, in my judgment, this great republic has been sadly at fault; and it is high time that our practice, in this particular, should be reformed. Let it be considered as the settled policy of this republic to redress the wrongs of its citizens, not only in San Domingo, but everywhere; and 1 invoke a part of the indignation and wrath which the chairman of our committee on foreign relations has poured upon General Babcock in behalf of a redress of the yet unpunished wrongs which have been committed upon American citizens in Cuba. They have been murdered, openly as- sassinated in the streets of Havana, and one of our citizens, representing this nation as an acting consul, has been driven from that island, escaping for his life under protection of the flag of England. Let us investigate this case thoroughly, but let it be done by a committee whose chairman has not already reported against one of the conspicuous actors whose conduct is to be investigated. THE FRANKING PRIVILEGE. One of the speeches of this session, which the opposition newspapers subsequently made use of in attempts to injure Carpenter politically, was that against Representative Farns worth's bill to abolish the franking privilege; but it was, upon a subject apparently so dry and barren, one of the most in^Tenious, lojjical and entertaining addresses of the session. A large number of petitions from all parts of the countrv had been presented, praying for the abolition of the franking privilege, and Carpenter startled the senate by exposing the manner in which those petitions were obtained. He showed that the postmaster-general had sent printed circulars to about twenty-eight thousand postmasters throughout the Union, directing them to obtain as many signatures as they could to papers requesting the abolishment of the franking privilege, and return them to the senators and representa- tives of their respective states. He presented to the senate the proof that this large amount of matter " was sent out 360 LIFE OF CARPENTER. under the frank of the postoffice department as official busi- ness.''^ He also stated that he had been unable to find a single genuine petition — one that had not been forcibly ob- tained in the manner mentioned. He then made an argu- ment of some length upon the merits of the question. He showed by facts and figures that the franking privilege, in- stead of being a benefit and valuable perquisite to congress- men, was a source of great annoyance and expense, as he had, for the current session alone, expended over $300 for speeches called for by his Wisconsin friends, to say nothing of the labor and trouble of franking. To use his own words : The benefits of the franking privilege may be distributed thus : To the member, the privilege ot buying speeches, paying for them out of his own pocket, working night and day to frank them, besides paying a clerk to direct them ; and to the people, the privilege of obtaining them without money and without price. He then referred to the fact that when a senator could send his own speeches to his constituents, they would show that he was right or wrong, and the people could thus learn whether they were being misrepresented; and that, as the contracts for carrying the mails had already been let for four years, the passage of the pending bill would benefit no one, not even the government. In referring to the Rebellion and the benefits arising from cheap and rapid communication between the government and the people, he said: 1' was not in congress during those years ; but I was with the people fre- quently on the stump, and I can testify to the benefits of the franking priv- ilege during those dark and perilous times. It is my honest belief that the Union party could not have been kept in power, nor the people held up to the support of the government through the war, but for the flood of intelli- gence and patriotic appeals which was poured over the country as free mail matter. After referring to the fact that the government maintains courts, an army and a navy for the benefit of the public, and that a merchant vessel is protected from pirates in the far- thest sea without cost, and that upon application the army A SNUG LITTLE JOB. 361 quells, for any community, and free of expense, Indian out- breaks, insurrections and petty invasions, he put forth this doctrine : If it be not a government duty imposed by the constitution to carry the mails, then the government has no right to carry them ; and if it has such right and owes such duty, tlien the expense of performing that duty should be defrayed from the general treasury. Speaking from a partisan standpoint he said: You have inaugurated and nearly consummated a reconstruction of civil government in the lately rebel states. Is it not important that you should retain every facility for flooding those states with intelligence? Do you think it would be well for our party, well for our country and well for free institutions to discourage and tax the transmission of our political views to the south? In a mere party sense it would be madness. » * * I believe if, instead of depriving our people of intelligence, as a means of saving $500,000, we should annually appropriate $10,000,000 to transmit all letters and papers to Europe, in ten years we would revolutionize those countries. The measure did not pass. A SNUG LITTLE JOB When the bill to aid in building the Texas Pacific Railway from Marshall, Texas, to San Diego, California, was under discussion, an amendment embodying what that famous lob- byist, Sam Ward, would have called a " snug little job," was offered and seemed likely to pass. It purported to grant the Chattanooga & Alabama Railway Company, by consolida- tion with the Vicksburg & Meridian Railway Company and the North Louisiana & Texas Railway Company, author- ity to form a junction at Marshall with the Texas Pacific line, but it really gave largely increased land-grants to roads already built, and whose charters and franchises came trom their respective states, not from congress. The language of the amendment was so cunningly devised that only the in- terested senators understood what would be accomplished; but Carpenter exposed the whole scheme and defeated it. An amendment offered by hira prevailed, and thus one of the neatest jobs ever attempted to be smuggled through con- gress was beheaded 362 ' LIFE OF CARPENTER. TARIFF AND TAXES. In discussing the tariff bill Carpenter opposed imposts on books as " a direct tax on knowledge." The income-tax he opposed for, among others, the following reason: I vote against the income-tax because, while I admit that theoretically it is a perfect way of getting revenue, yet in its practical operation it lays a tax upon conscience. Go through the agricultural districts of Wisconsin, and you will find in all instances that the conscientious men, the clergy- men, the men who are on salaries, whose income is known and can be as- certained, have to pay their tax; but the men whose income is in fact five times as large, and you have no means to reach it, go scot free. In other words, the tax upon incomes, in its practical operation, is a tax upon con- science; and conscience has fared badly in this country a great many times. CITIZENSHIP OF THE CHINESE. One of the speeches that was particularly clear in show- ing the liberal, enlightened and progressive policy Carpenter always entertained and advocated, was that upon Represent- ative Davis' bill "to amend the naturalization laws and to punish crimes against the same." Ciiarles Sumner offered an amendment, striking the word " white " from the natural- ization laws, so as to enable colored persons born in the West Indies, Africa and elsewhere to become voters with the f reed- men. This excited the Pacific Slope senators, one of whom [Mr. Williams, of Oregon] added a proviso that the act under consideration should "not be construed to authorize the naturalization of persons born in the Chinese empire." Carpenter fought this vigorously with Sumner, and succeeded in defeating it, leaving the law with no reference to China- men. He closed his speech on the subject in these words: Whenever a new question arises in t!ie details of administration, when- ever a new subject is presented for legislative regulai ion, and doubts exist in regard to the course to be pursued, it is safer to be guided by principle than by prejudice or passion. What, then, is the American principle that should guide us here.? There are, of course, many theories as to where the right of suffrage should be vested. Those writers on the science of gov- ernment who believe that the few were designated to govern the many PENSIONS — CORPORATIONS. 363 have long since predicted the ruin of our nation, because the right of suf- frage is so widely extended. Some contend for a standard of intelligence; some would seek the standard in wealth; some in blood; some in one thing, and some in another. But we Americans have met all the discussions and arguments upon this subject with a broad American principle, which is that every man who is bound by the law ought to have a voice in making the law. By the opposition of tlie senator from Oregon I am reminded of one of Lamb's essays, the one upon roast pig. He describes himself as being a generous man; says he would divide with his friend most of the good tilings of life, beef, mutton, oysters, clams, etc.; but that every man's generosity must have some limit, and he says he stops on roast pig; that he •would not divide a morsel of it with the best friend he had on earth. The senator from Oregon is a liberal statesman, and a good man — a man of great brain and of warm heart. He would welcome the Frenchman, the Englishman, the German, the Norwegian, and the Swede; yes, the slave just freed from his bonds and the Negro from the interior of Africa; but the senator's generosity must have some limit, and so he stops on the Chinaman; the Chinaman is his roast pig. Sir, this American maxim, that all freemen bound by the law, ought to have a voice in making the law, is either a truth or a falsehood. If it be a truth, the Chinaman 1 is entitled to vote; if it be a falsehood, then you must call witnesses to prove that you yourself are entitled to vote. Often during the war the darkness was so dense that the path before us as a nation could not be seen. But with the people, when sight failed, faith inspired them, and hand in hand and shoulder to shoulder, and with faces imploringly uplitted to Heaven, they walked hopefully and safely through the gloom that enveloped them. So let us do here. To admit the Chinaman to full participation in the rights of citizenship may well create some apprehension ; but I would sooner apply our principles to him than confess them to be erroneous, and thus destroy the only foundation upon which free government can rest. PENSIONS — CORPORATIONS. Carpenter, by voice and vote, supported the bill to grant the widow o£ Abraham Lincoln a pension of $3,000 per year. His speech was eloquent, and in it he predicted that probably the United States would never have another oppor- tunity to pension the widow of an assassinated President; 1 If Carpenter had lived to run for the presidency, as many thought he would, he could not have carried California. 364 LIFE OF CARPENTER. but just eleven years from that month President James A. Garfield, being shot, made his prophecy, unfortunately, untrue. An amendment to the appropriation bill allowing the sec- retary of the interior to pay settlers for property destroyed by Indian depredations was opposed on the ground that it was illegal, and that to recognize such claims would be to open the door to a perpetual list of constantly-increasing demands of the same sort, founded largely upon fraud or circumstances for which the settlers were primarily blamable. In advocating the passage of Senator Sumner's bill to reg- ulate by act of congress the telegraph and cable lines and regulate telegraphic communication between the United States and foreign countries, Carpenter struck a popular chord that echoed and re-echoed throughout the country, when he declared: This is an exceedingly important subject, and without attempting a dis- cussion of it at this time, I desire to say that if our liberties are in danger to-day from any source it is from the fearful growth of monopolies in the country. The states are powerless in the premises. * * * But fortu- nately there is no such restraint upon the power of congress. There is no such thing as a vested right, in the technical sense, in any corporation created by congress, which is beyond the control of congress. Any corporation which congress has ever created might be to-day dissolved. WISCONSIN MEASURES. Carpenter procured the passage by congress of a measure to exempt forever from taxation the property of the Taylor orphan asylum at Racine, Wisconsin, a noble institution founded by money bequeathed by Isaac Taylor, a philan- thropic Englishman who landed in New York in 1828 and settled in Racine in 1842. Carpenter always had a deep and heart-felt interest in that institution, and said the passage of this bill gave him more pleasure than anything else he had done in congress. WISCONSIN MEASURES. 365 So far as Wisconsin is concerned, the most important measure advocated by him' in congress was that dividing the state into two judicial districts, the eastern and the west- ern, for the federal courts. The law left the records, the judge and other officers with the former district at Mil- waukee, and provided for the appointment of a judge, marshal, attorney and clerk for the new district. He recom- mended the appointment of James C. Hopkins of Madison as United States district judge; Charles M. Webb of Grand Rapids as United States district attorney, and Frank W. Oakley as United States marshal. Against the passage of this bill, Milwaukee, his home, made determined opposition. But, although to divide the state was contrary to the pro- fessional interests of himself, his partner and his brother at- torneys, he rose above all local and personal considerations in obedience to the sentiment of the entire commonwealth, and insisted upon the passage of the measure. 1 Carried through with the material aid of Congressman David Atwood, of Madison. 366 LIFE OF CARPENTER. CHAPTER XXX. FORTY-FIRST CONGRESS, THIRD SESSION. The third session of the forty-first congress, which con- vened December 5, 1870, was less spirited and important than its predecessor, and fewer matters were considered that brought Carpenter into prominence. Senator McCreery, of Kentucky, at an early day, offered a resolution asking for a joint committee of five to investigate the claim of Mrs. Robert E. Lee to compensation for or the restoration of Arlington Heights, taken by the government for non-payment of taxes during the war, and subsequently used as a cemetery for Union soldiers. The resolution pro- posed that the dead soldiers should be removed, the property restored to Mrs. Lee, together with full remuneration for all trees felled and property destroyed, all wastage and loss from dispossession, and rental for the time the government held the estate. Carpenter characterized the measure as " an insult to the senate of the United States," and voted against it. In the furious and acrimonious debate on Morton's resolu- tion asking for the appointment of a committee to proceed to San Domingo for the purpose of discovenng whether it was advisable to annex that island to the United States, Carpenter took little part. He defended President Grant from those assaults of Sumner which Chandler of Michigan character- ized (December 21, 1870), on the floor of the chamber, as the " most brutal " he had heard during his fourteen years of service in the senate. He voted for the resolution. A "PECULIAR" CLAIM. When Senator Davis, of Kentucky, presented a bill for the payment of a liberal sum to J. M. Best, of that state, whose house was destroyed by the federal troops while in action, Carpenter renewed his opposition to the recognition of any A "peculiar" claim. 367 so-called southern claims. This was called a "peculiar" case, inasmuch as Best claimed to have been loyal in spirit to the Union, and his house was destroyed by the Union soldiers duriniT the second dav of the battle at Paducah, to prevent its further use by the confederate shaq>shooters. Therefore, the champions of the bill declared that was " taking property for public use," and under the constitution Best must be paid. Carpenter's speech on the question was one of the very clearest expositions of the doctrines of peace and war, and the liability of the United States to even those whose loyalty to the Union was manifest, but who chose to remain in the south and pay taxes to carry on the Rebellion, that was ever uttered in this country. He contended: Every man, woman or child in the districts over which the rebellious but de facto southern governments exercised control was a public enemy of the United States. There was no recorded instance, so far as I knew, of resistance by the people of the south to the fiats of the de. facto govern- ments, and if the south had succeeded in the field, the independence of those states would have dated from the dates of their respective ordi- nances of secession, and their territory and inhabitants would have been to us a foreign soil and people, and every man residing within their limits, without regard to his sentiments or conduct during the war, would have been an alien to the United States. * * * Every person, in fact, subject to the authority of one of the contending governments is a public enemy of every person subject to the authority of the other. The champions of Best held that a loyal citi^n residing in the confederacy and having his property destroyed in war, was as much entitled to compensation as one who, re- siding in the north, had his substance taken for army sup- plies. Carpenter declared this to be an absurd principle, as a resident of South Carolina who, though pretending to be loyal, should, nevertheless, be drafted into the confederate army and lose an arm by a Union bullet, could not plead loyalty to establish the liability of the government and tiius TO upon the pension list. The man who thus lost his arm, he alleged, would occupy the same category with the one 368 LIFE OF CARPENTER. whose property was destroyed in battle. He further con- tended: War means destruction. Armies are marched through hostile territory to kill, burn, ravage and lay waste. The commanding general has no juris- diction to determine who in the enemy's country is guilty and who is in- nocent. He has but one duty to perform, and that is to prostrate and reduce the enemy's country. And if, while the war is raging, no person within the enemy's lines can plead loyalty and exempt his property, it is equally clear that he can not, after the war has been concluded, found a legal claim against the government on what it was proper for the military forces to do. In concluding he said many of these cases appealed strongly to the sympathy, and that congress might, in its bounty, grant some remuneration, as a traitor may be par- doned; but that no citizen of the rebellious district had any right to demand either pardon or remuneration. He did not think it was even time to be generous ; that no appeals from recent public enemies should be heeded until all the legal ob- ligations of the government had been paid. No one pre- tended to answer Carpenter's argument, nor to act in opposition to him upon legal and constitutional grounds; but the bill passed the senate simply because the republicans of that body had sufficient numerical strength, regardless of precedent, decisions and law. CO-EDUCATION OF WHITES AND BLACKS. In discussing the measure establishing a system of educa- tion in the District of Columbia, Carpenter opposed making any distinction on account of color; that is, opposed opening separate schools for white and black children. He spoke with considerable eloquence for the colored race, closing thus: We have said that these men, in common with all men, shall vote. We have said they shall sit in the jury-box and upon the bench ; that they may hold office; and we have assumed to destroy all distinctions. If we insist upon destroying this distinction as to suffrage and holding office, how ab- surd it is to set up that distinction at the very fountain of life, to abolish SALARIES OF JUDGES. 369 which we have been amending the constitution and legislating for ten years 1 Later experience has shown that in many localities, at least, the attempted co-education of white and black children resulted in perpetual clashin<^ and trouble. SALARIES OF JUDGES. When the bill making appropriation for the judicial ex- penses for the 3'ear ending June 30, 1870, was pending, Car- penter was again active in his etlorts to secure an increase in the salaries of the various judges, especially those of the United States circuit judges, whose expenses for travel and hotel fare were heavy. He called attention to the fact that Judge Curtis left the supreme bench because the salary of $6,000 was but a small portion of what he could earn at the bar; that the children of Chief Justice Roger B. Taney (who labored on the bench almost thirty years) were almost beg- gars, and that England, by paying liberal salaries, secured the best talent within her borders for the bench. Senator Conkling objected to the proposed increase, upon the ground that all the judges of a given class should not be paid equally. Carpenter demonstrated quickly how invidious that would be, applying the principle to members of the senate so as to make a senator from New York receive $5,000, and one from Wisconsin $50 per year. He declared: An act of congress providing that no man should be a judge unless he had a certain income would raise a mutiny in this country ; and yet what IS the practical difference between such a law and one fixing the salary so low that a man can not take the office unless he has that income? You produce the same result. * * * The feeble voice of the constitution is . heard declaring that the military shall be in strict subordination to the civil power; and yet we are paying the general commanding our armies $16,000, and to the chief justice of the supreme court of the United States, the head of the judicial department of the government, $6,000! The annual appro- priations for the army and navy are about $40,000,000. This does not dis- turb our serenity, but we stand appalled at the idea of appropriating a fifth part of it for the administration of justice. « » ♦ The proposition to increase the salary of our chief justice to only two-thirds of the salary of the commanding general of the army makes senators turn pale! 24 370 LIFE OF CARPENTER. The bill passed and increased the salary of the chief jus- tice to $8,500, and of the associate justices to $8,000, and made advances in other judicial emoluments. In this as well as numerous other matters undertaken in behalf of the judi- ciary, he received hundreds of letters of thanks from all por- tions of the country. CLAIMS. Carpenter opposed the passage of a bill to prohibit any clerk of any department from appearing as agent or attor- ney for the prosecution of any claim against the government within three years after leaving the civil service. Many just claims are defeated because the claimants can not secure the evidence possessed by the departments, and the bill was presented for the purpose of preventing clerks from communi- cating such information. Carpenter regarded such legisla- tion as dishonest, maintaining that no facility for doing exact justice should be denied to any one by the government or its clerks. When the claim of Susan A. Shelby, of Mississippi, was before the senate. Carpenter expressed his astonishment and indignation at the apparent reckless tendency of congress to pay every demand made by the south. Mrs. Shelby's cot- ton had been seized by the confederates and appropriated to their use, but subsequently it was captured from them by the Union forces and turned over to the treasury depart- ment. He held that every person who could lay a claim be- fore congress would be found, upon -priina facie evidence, to have been loyal, and the only thing to do was to defeat them all, at least for the time being. He exclaimed: If this claim is to be passed I am in favor of a general amnesty, a gen- eral bill to indemnify everybody south of Mason and Dixon's line for everything they suftered between 1861 and 1865, and that will end the whole business, reach the same result, and save all the debate and time spent in congress. FOUR GEORGIA SENATORS. 37 1 FOUR GEORGIA SENATORS. One of Carpenter's speeches which attracted marked at- tention among the members of the bench and bar was that on admitting the senators from Georgia. On June 25, 1868, congress passed an act prescribing the terms upon which the southern states might re-enter the Union. Georgia com- plied with the terms, with other states, on July 22, 1868. General Meade, in command of Georgia, issued a proclama- tion declaring that state had complied with all the provisions, the legislature had ratified the act of June 25th, Governor Bul- lock had been inaugurated, and that the state was entitled to representation in congress. The legislature thereupon elected Joshua Mill and Homer V. M. Miller as United States senators. A few months later the colored members of the legis- lature were driven out and their democratic opponents, the minoritv candidates, were admitted to seats. Congress, in December, 1869, passed an act commanding the governor to convene the legislature as it met in July, 1868, admitting the elected colored members who had been forcibly excluded and excluding their minority white opponents, and then to reorganize the body. This was done in January, 1870, and the reorganized body then elected Farrow and Whitely to represent the state in the United States senate. Hill, Miller, Farrow and Whitely presented their credentials and prayed for admission. The judiciary committee decided that Hill and Miller were entitled to seats. When the report was under consideration, a motion was made to substitute the names of F;utow and Whitely for those of Hill and Miller, and on this question Carpenter made his argument. The friends of the former contestants contended that the legislature, as organized in 1868, was illegal; that therefore its acts were void, and that the only persons elected as senators entitled to seats were those chosen after the reorganization in 1870. Carpenter made a clear and powerful legal argument to show that every 372 LIFE OF CARPENTER. act of the legislature of 1868 was legal, and then proceeded to rend in tatters the claims of Farrow and Whitely. All the state officers and judges appointed by the legisla- ture as organized in 1868 had acted and were still acting as legal officials, and all laws passed had stood unchallenged by the courts; therefore, the senators then chosen must be the legal senators. He punctured all of Farrow's and Whitely's claims, when he showed that the former was appointed at- torney-general of Georgia at the same time Hill and Miller were chosen senators, and by the same legislature, and that he for two years thereafter exercised the duties of the office, although now he claimed the right to a seat in the senate, instead of Hill, because the legislature was illegal. Carpen- ter said Farrow evidently thought the old legislature was legal enough to make him attorney-general of Georgia, but not legal enough to elect, at the same time, Joshua Hill as United States senator. Hill was admitted; also, soon after, Miller. THE IRON-CLAD OATH. A Still aoler constitutional argument was made by Car- penter in Februar}^, when Miller presented himself to be sworn in. It was proposed to compel him to take the iron- clad oath, prescribed by congress July 2, 1862, in which the affiant declares he has " never voluntarily borne arms against the United States, or given aid, countenance, counsel or en- couragement to persons engaged in armed hostility thereto." Miller objected to this oath, as he had, as a physician and surgeon, attended the sick and wounded in the confederate army, and therefore had thus given aid to the enemies of the United States. Carpenter sustained this objection. He argued that to compel Miller to take this oath would either make him a perjurer, or exclude him from the sen- ate, and that that was infficting punishment without indictment, trial and conviction first had, which was uncon- stitutional. Morton interjected that the constitution saved a man from trial without an indictment, but did not save him from punishment. This logic Carpenter ridiculed in a very SMOTHERED MEASURES. 373 sharp manner, and, after ansvverinfj all the points of the opposition upon strictly legal grounds, he quoted the procla- mation of general amnesty issued by President Johnson December 25, 1868,' which granted to all engaged in the Rebellion, except those under indictment and trial, a full and free pardon for the oflense of treason against the United States. This, of course, applied to Miller, and rendered it impossible to compel him to sufler by reason of refusing to take the iron-clad oath. It was then, as the only thing left to do, contended that this proclamation was unconstitutional, but Carpenter quoted the similar proclamations of general amnesty by Presidents Washington and Adams, and of all the kings and sovereigns of Europe, and demonstrated that the pardoning power resided safely and without limit, except as to impeachment, in the President, by virtue of the consti- tution, and that Miller had, therefore, been fully and freely pardoned. All of this was incontrovertible, and Miller was allowed, by a vote of twenty-eight to twenty, to take his seat upon subscribing to the oath ordinarily administered to members of congress. The argument made by Carpenter in support of his position was one of conceded ability, and its soundness was unqualifiedly alleged by members of the various federal courts. SMOTHERED MEASURES. Carpenter presented several bills to amend the bankrupt laws in the interest of creditors and to prevent fraud. The last one was reported without amendment from the judiciary committee, March 3, 1871, one day before adjournment and during a temporary illness of its author, and so was allowed to die. It was during this illness that the resolution fequiring a report on the authority of congress to regulate railway transportation between the states, which was particularly in his charge, was smothered, or disposed of without action. 'The proclamation that Carpenter generally referred to as "Johnson's Christmas carols," because it was issued on the 25th of December. 374 LIFE OF CARPENTER. CHAPTER XXXI. FORTY-SECOND CONGRESS. During the first session of the forty-second congress, which convened March 4, 1871, Carpenter took but little part in the debates. He opposed the bill proposing to organize a com- mission with clerks, stenographers and attorneys, to examine and report upon the constantly-increasing number of southern claims. His reasons were that such a course would be urged in future congresses as a partial recognition of those claims, and all that remained was to pay them. He cited the judg- ment of the supreme court in a sijTiilar case, to the effect that a commission organized by the proper authority to make such an investigation and report was semi-judicial, and its awards binding. He said in closing his argument against the bill: Here is a drag-net thrown over this whole subject; here is a bag opened, into which this whole ocean of claims is to be plunged, and thej are to be dragged in here and put upon the basis of judgments rendered against the United States by a tribunal of its own creation. I never will vote for the bill with such a clause in it. While the bill " to protect life and property in the south " was pending, it received strong opposition from the democrats under Thurman's leadership, upon the ground that congress could not, under the constitution, legislate affirmatively to protect the individual in his rights of person and of property. In his argument under the fourteenth amendment Carpenter maintained that congress could so legislate, saying: I think therein is one of the fundamental, one of the great, the tremen- dous revolutions effected in our government by the amended constitution. It gives congress affirmative power to protect the rights of the citizen, whereas before no such right was given, * * * and the only remedy was a judicial one when the case arose. This measure, one of the most important ever crystallized into a statute for the protection of the colored people against the atrocious scourges and butcheries by ku klux klans and SPECIAL SESSION — A STORMY TERIOD. 375 similar organizations, was in many ways perfected and strengthened by Carpenter. His services in that respect will never cease to be felt by the freedmen. SPECIAL SESSION — A STORMY PERIOD. On the loth day of May, 187 1, President Grant convened the senate in special session for the purpose of confirming the Treaty of Washington, made by the commissioners of the United States and Great Britain. Carpenter was the prominent figm-e of this well-remembered session, and in following unswervingly what he believed to be his line of duty, laid the foundation for one of the most vicious and wanton attacks ever directed by an unbridled and angry press upon any man of equal prominence in America. In considering treaties (except those made with the Indian tribes) the deliberations and debates of the senate of the United States are to be in secret, and the treaties are to re- main secret until after they have been confirmed. On the morning of the convocation of the senate, the treaty under consideration was published in full in the New York Tribune. Either a senator, or an employe of the senate, or some at- tache of the state department, had \'iolated his trust, else the TribiDic could not have obtained a copy of the treaty. There- fore, in order to discover who had been derelict, a committee, consisting of Carpenter, Charles Sumner, Roscoe Conkling, Garrett Davis and L3'man Trumbull, was appointed to enter upon an investigation of the matter. The two Washington correspondents of the Tnbinie were summoned before the committee. They said they had full knowledge of who was guilty of divulging the treaty, but refused to give any other or further testimony. This fact the committee reported to the senate, and through Carpenter recommended that the contumacious witnesses be committed to jail for contempt. On this the senate quivered and split. The newspapers had begun to abuse and ridicule its leaders, and many of its members had received letters saying the 37^ LIFE OF CARPENTER. press was a unit on the pending matter, and that whoever should persist in the attempt to compel the correspondents to divulge their professional secrets, would earn the eternal ill-will of the newspapers. Carpenter received numerous let- ters of this class, some of which gave warning that he must at once drop the investigation or the press " would never rest until it had ruined him." Those letters, which seemed to have had the desired effect upon nearly all save Carpenter, were referred to and exhibited by him on the floor of the senate to show by indubitable proof the disreputable methods of the press. He declared that he did not believe a man could be ruined for doing right and his duty, and boldly exposed all the threats and infamies of his newspaper assailants. He alleged, on the floor of the senate, that he had concluded the publication of the treaty was made through a senator, and that if the com- mittee could be left unhampered, that fact would be fully established. But the senate, quailing under the lash of the correspondents, and without the moral courage to sustain Carpenter in what they themselves had ordered him to do, voted to nominally confine the recusant witnesses in a com- mittee-room, instead of the common jail, and feed them at public expense until they should purge themselves of con- tempt. He showed how futile such a course would be, alleging that the men would never answer under such circumstances, and the senate would only be driven down into still deeper contempt. Every word of this proved true, for after " nom- inally " keeping the men in the best committee-room in the capitol several days, during which their continued newspaper assaults on the senators became fuller of malignity and false- hood, they were discharged, and the questions were never answered. " Two reporters," Carpenter then stated, " had blockaded, maligned, bulldozed, brought into public con- tempt, and finally put to rout, the senate of the United States." SPECIAL SESSION — A STORMY PERIOD. 377 While the resolution to discharge the correspondents was pending, and which he opposed as an evidence of cowardice and defeat, Carpenter made some remarks that confirmed the determination of the press " never to rest until it had ruined him." Among other things, he said that while he had never been able to secure a committee-room for his public business, and in which to meet his constituents, " These con- tumacious correspondents had luxuriated in the finest apart- ments in the structure, with attendants to usher in the sympathizing statesmen who desired audience with them." Also: Why, sir, the other day a senator was in the restaurant below taking his hinch, when the doors were suddenly thrown open and the servants entered with imposing ceremony, whirling the largest table into the center of the room, and covering it with a cloth, in imitation of the fine linen with which Dives was furnished when enjoying his "good things in this world." The senator, astonished at such elaborate preparation, inquired what it all meant. He was informed that the hour had arrived when the Washington corre- spondents of the New York Tribune, with their families, were to dine. The senator rose from his unfinished lunch on a naked table and slunk away with the humility that should ever characterize a senator in the august pres- ence of the press. Then, turning his attention to the man who was upholding and urging on the correspondents, he said: The New York Tribune is an alias for Horace Greeley, a gentleman for whom I cherish the highest respect. He has shown me many acts of kind- ness (for in this cruel world justice is sometimes kindness), which I shall never forget. But I desire to say that, during the period of this investiga- tion, while this newspaper has been filled with articles about equally com- pounded of folly and falsehood, all inspired by malice, the New York Tribune has been away from home, delivering addresses of conciliation in the south, in obedience to the impulses of his own good heart. Still the paper goes on, livmg and moving under the impetus given it by his intel- lect, his wisdom and his great standing with the press and American people; and this, notwithstanding it has been left to the management of Whitelaw Reid, a fop and frivolous pretender, of whom a contemporary journal re- cently had the following paragraph : "Whitelaw Reid was seen on the streets again yesterday with men's clothes on. Where's the police? " 378 LIFE OF CARPENTER. Thus the wrath of Whitelaw Reid was added to the malice of the underlings. For several months, and in fact for years thereafter, whenever Carpenter moved from one city to another, made a public address, conducted a suit, or in any way appeared so plainly before the public as to be sighted by the sleuths who had sworn to " ruin him," the flood-gates were lifted anew and their vile accumulations were poured forth, poisoning the public atmosphere and scat- tering a pestilence of falsehood among the people. This was continued until Carpenter would have no intercourse, either professional or otherwise, with the newspaper fra- ternit}'-, except with a few whose honor he had tried. He entertained no ill-feeling toward them, he often said, but could not trust them. While, as a general rule, the journalists of the country comprise an honorable class, the public begins to understand that many of the roving Bohemians and correspondents are depraved and disreputable jackals, almost without responsi- bility to society, man, God or the law, who suck a liveli- hood from public characters by blackmailing the lions and puffing the weevils. It is impossible to conceive how any person could be made to suffer more unjustly than Carpenter suffered by and through this investigation. He was becoming not only an _ influential and powerful leader in the senate, but a popular figure before the public. The old senatorial leaders — or some of them, — jealous of his increasing power and popu- larity, which had already begun to out-reach and out-shine them, contrived the villainy — knowing his fearlessness and thoroughness in all undertakings — of putting him at the head of an investigating committee which they knew would exasperate and call down the venom of the press. When this had been accomplished, some of them carried their dis- honor to the extent of actively aiding the correspondents in the work of destroying Carpenter, even going so far as to violate their senatorial oaths by disclosing to the reporters SPECIAL SESSION — A STORMY PERIOD. 379 what he had said in executive (secret) session. A mild par- agraph from an indignant speech by Senator Nye will illus- trate how the scheme was carried out: Why did you send my friend from New York [Mr. Conkling] and my friend from Wisconsin [Mr. Carpenter] out to gather anytiiing but sheep's wool.' Why did you send them to feed on the vapor of nothingness, while you yourself were feasting upon the milder and more nutritious nutriment of the support of the public press.' Why do you start others out on this forlorn hope and keep your column back.' Sir, if the honorable senator from Massachusetts thought this investigati(»n ought not to have been had, why did he not say so when it was proposed.' Here he is, with twenty years of ripe experience in this body; when he looks around he can see no man who came here with him. Why did he not rise and tell me, one, in the classic language of the Tribune, whose senatorial pm-feathers are just cutting — why did he not tell me that this rule was a farce and a humbug, and all wrong.' He did not. He voted to have this examination held, and I, child-like, followed him. Now, when the danger of paper bullets comes, he says it was all a hum- bug from the start. The senator has got us, as my friend his colleague says, into a scrape. The investigation occupied almost the entire attention of the senate during the special session, and was the principal theme of newspaper and personal discussion throughout the country. The illegitimate resirits of Carpenter's fearless course in the matter were not in years fully purged from the public mind. But his name will be familiar to the readers of American history as long as the English language shall last, while those who rode into temporarj'- notoriety by their revengeful accusations against him have already sunk into that oblivion which their infamy so richly deserved. 380 LIFE OF CARPENTER, CHAPTER XXXII. FORTY-SECOND CONGRESS — SECOND SESSION. The second session of the forty-second congress, which met December 4, 187 1, was one of considerable length and im- portance, and Carpenter was an active and influential partici- pant in its proceedings. When the question of procuring a site for the new custom- house at Chicago was pending, he maintained that it was not judicious for the government to condemn property for public buildings through the instrumentality of state legisla- tion, as, in his opinion, congress had the power to exercise the right of eminent domain in all such cases. The committee on foreign relations reported a bill allowing the Japanese government to send six students to the United States Military Academy at West Point, and providing that the rules and regulations of the institution might be sus- pended from operating upon them. Carpenter declared it would not do to establish " a foreign aristocracy inside the school," whose chief charm and benefit arose from the fact that in it the rich and the poor met on a common level. Through his efforts the bill was so amended that the Jap- anese could only enter upon the same footing (except as to scholarship) as Americans. GILT-EDGE VAGARIES. He was thoroughly opposed to the various schemes and experiments called " civil service reform " which occupied a great deal of attention. He declared from the first that " these gilt-edge vagaries will prove a humbug," and intro- duced this resolution: Whereas, The constitution of the United States requires the President to nominate, and, by and with the consent of the senate, to appoint all offi- cers of the United States whose appointments are not in said constitution GILT-EDGE VAGARIES. 381 otherwise provided for, and wiiich shall be established by law, subject to the power of congress by law to vest the appointment of such inferior officers as they may think proper in the President alone, in the courts of law, or in the heads of departments: Therefore, Resolved, That any law or regulation which is designed to relieve the President, and, in the cases pertaming to them, the courts of law or heads of department^, of the full responsibility of such nominations or appoint- ments, is in violation of the constitution. President Grant had appointed a commission which re- ported a set of rules for appointing to federal positions, without regard to politics, only such persons as could pass a prescribed examination. Carpenter opposed this with great force. He ridiculed the idea that if the proposed " commis- sion " should advertise for applicants to be collector of the port of New York, such men as A. T. Stewart, Marshall O. Roberts, Henry G. Stebbins, etc., would go to Washing- ton and submit to a ridiculous examination in non-essentials. Such men, he said, would make splendid collectors, but only " adventurers and men of no condition or importance " would go to the examinations. He also submitted that any scheme to divide the legitimate fruits of victory with the enemy " would defeat any party that should adopt it," and that as a general amnesty bill was about to be passed, giving the late rebels the privilege of voting and holding office, it would be party suicide to pass a civil service reform bill which would allow the enemies of the colored people, of recon- struction, of civil rights, of the election laws and of the policy of the administration, to be put in office to execute the laws they had hated and defied. He said: If a person who opposes the policy of the government is to be appointed instead of one who supports it, provided he can pass a better examination upon irrelevant and non-essential subjects, is any man sanguine enough to believe that the acts of congress will be faithfully executed and that the rights of four or five millions of colored people in the southern states will be protected against overwhelming numbers determined to trample them under foot? He also opposed the scheme because it would shut out from an equal chance at the federal patronage all maimed 382 LIFE OF CARPENTER. soldiers who might be capable of performing numerous duties, "yet could not satisfactorily pass an absurd ordeal concocted by visionary reformers." As the report of the " commission ^ declared the method of making appointments then in vogue was corrupt, Carpenter asked who could ex- pect a commission of six or seven could be more honest than the President, the heads of departments and the three hun- dred members of congress, who had the appointing power in their hands. He voted against the measure and against the appropriation for the civil service commission, and later in the session introduced an amendment to the appropriation bill repealing the civil service law, but it was defeated by a vote of twenty-nine to twenty-one. The " commission," however, was ineffective and short-lived. THE CHICAGO FIRE A bill was presented by the senators from Illinois to relieve the sufferers by the great fire of 187 1 in Chicago. Carpen- ter offered an amendment providing for similar relief to Peshtigo, Marinette, Minnekaunee, Rosiere, and other places in Wisconsin destroyed by fires at about the same time. He was thereupon classed as " an enemy to Chicago," and was vigorously attacked as such by the Chicago papers. In sup- porting his amendment, which was defeated, he said: The fire at Chicago fell upon property — a loss that capital can repair, — . while it is estimated by those best informed that in seven counties of Wis- consin over twelve hundred persons lost their lives, so that families were left, in many instances, without father or husband, left destitute upon farms without houses, fences or utensils, and in inany instances the soil has been destroyed by the fire to two or three inches below the surface. These are sufferings which capital can not immediately repair. I protest against be- ing classed as an enemy of Chicago or an enemy of this bill because I suggest to the senate that I will move to extend the relief intended by this bill to embrace my own constituents, who suffered at the same time and from the same causes. The bill proposed to remit the duties on all goods imported for the purpose of, and used in, rebuilding Chicago. He Sumner's civil rights bill. 383 voted against this as contravening the constitution, which declares that " all duties, imposts and excises shall be uniform throughout the United Stales." He also showed how the bill was not a measure of relief for the real sufferers, for merchants who lost their all could not, under it, renew their stocks free of duty, nor would those who, being poor and unable to rebuild their burned shanties, be relieved in the remotest degree. " But," he said, " William B. Astor may go to-morrow to Chicago and buy up all the lots of the poor at such prices as they may be forced to take, and build up palaces where the sufferers were unable to erect shanties; and thus would the bill be of vast pecuniary benefit to this nabob, but afford no relief to the poor. It is unjust." SUMNER'S CIVIL RIGHTS BILL. At the opening of the session Charles Sumner presented an amnesty and civil rights bill. It proposed amnesty to the participants in the Rebellion and protection of the colored men in their legal rights. Carpenter opposed the clause which proposed to regulate by federal law the qualification of jurors in state courts and the one declaring Negroes should be excluded from no church or cemetery, as unconsti- tutional. He also opposed an unconditional and unlimited amnesty to rebels, saying it was " a bill to re-enforce the dem- ocratic party," and that "within twelve months after its passage Jefferson Davis would be returned to a seat in the senate chamber." He privately requested Sumner to re- move these objections from the bill, but was met with a refusal. He therefore opposed the measure with consider- able force, and once more kindled the anger of Sumner, who again arraigned him for having called the declaration of in- dependence " a revolutionary pronunciamento," and all the old animosities of that occasion were revived. Carpenter thought congress had no power to legislate to control church and religious organizations, but declared that " every colored man should have equal rights in the public schools, and from 384 LIFE OF CARPENTER. that point he hoped the republican party would never back one inch." He further contended: Let it also be remembered that as soon as it be conceded that the political power may intervene to promote the interests of true religion the ground- work of religious freedom is surrendered. No government ever interfered, except in the interest of what it assumed to be the interest of true religion. It is upon this assumption alone that different sects have persecuted each other. Fagots have always been lighted round the martyr to shed the light of truth upon heresy and error. I fully concur with the senator that any church which denies its rights, ceremonies and sacraments to any true believer on the ground of color dishonors the Master in whose name it pro- fesses to act. But the precise question is, whether the senator and myself, being in congress, have any constitutional power to enforce our theories upon those who may conscientiously differ with us. He then proposed this amendment: Whoever, being a corporation or natural person and owner, or in charge of any public inn or of any place of public amusement or entertainment for which a license from any legal authority is required, or of any line of stage- coaches, railroad, or other means of public carriage of passengers or freight, or of any cemetery or other benevolent institution, or any public school supported at public expense or by endowment for public use, shall make any distinction as to admission or accommodation therein of any citizen ot the United States because of race, color, nationality or previous condition of servitude, shall, on conviction thereof, be fined not less than $500 or more than $5,000 for each offense, to be recovered by information filed by the district attorney in any court having jurisdiction, upon the com- plaint of any person injured, one-half to the use of the United States, and one-half to the use ot the complainant. A few New England senators, who felt bound to follow Sumner, voted with him and the democrats against this amendment and defeated it. Carpenter continued his efforts, however, until by a vote of thirty-four to twenty-nine the words "churches" and "church organizations" were stricken from the bill. He then proposed and secured the adoption by the senate of an amendment providing " that every discrim- ination against any person on account of color by the use of the word ' white,' in any law, statute, ordinance or regulation, is hereby repealed and annulled." Nourishing his ene;mies. 385 LESSER MATTERS. At this session Carpenter secured the passage of a bill allowing that giant corporation, the Chicago, Milwaukee & St. Paul Railway Company, to build a railway bridge across the Mississippi river at La Crosse, Wisconsin. Alert, as he always was, to strengthen and improve the ju- diciar}' and facilitate the administration of justice, he presented and urged through the senate a bill allowing the President to accept the resignation of any judge, thus retiring him upon the usual pay, who should be disabled before arriving at the age of seventy years. Otherwise a judge unable to perform his duties at fifty, might, being poor, hold his seat until seventy, thus preventing the appointment of a successor and blockading justice in his court. The measure failed in the house. When, in discussing the legislative appropriation bill, he arrived at the clause providing for the establishment of a bureau of education, Carpenter opposed it as unconstitutional. He declared that under the constitution concrress had no more power to establish the bureau of agriculture or a bureau of education than a bureau of boots and shoes, and voted against the measure. NOURISHING HIS ENEMIES. It was a matter of common fame that for years Carpenter and Andrew G. Miller, judge of the United States district court for the eastern district of Wisconsin, were so little in love with each other as not to be on speaking terms. In fact Carpenter never had such a long-standing disagreement with any person as with Judge Miller. Therefore, when Senator Trumbull offered to amend the appropriation bill so as to in- crease the pay of United States district judges to ^5,000 per year, Carpenter was given a more conspicuous opportunity than he had ever before met of demonstrating his lofty views of public action — his utter contempt for personal influence in proceeding with the duties of senator. Usually the public 2? 386 LIFE OF CARPENTER. has no means of knowing the motive or the power that con- trols the acts and votes of a public official ; but when a senator is seen to vote to enlarge the salary, to increase the strength and nourishment of his long-time and well-known enemy, whereas, by making with dozens of his fellows the plea of economy, he could so easily have avoided it, aU must under- stand that he is a statesman far above warping or guiding his career by personal likes and dislikes. In advocacy of Trumbull's amendment he said: Some senators have alluded to and lauded the judge of the district in which thej reside ; from which it might be supposed that they were actu- ated in voting this increase of salary by motives of friendship to or admira- tion for the present incumbent. I am not at all influenced in that way. The judge of the district in which I reside is not a friend of mine, and I am not a friend of his. He thinks I am unfit to be a senator, and I think he is unfit to be a judge. In court I pay him the deference due to the office of judge, and he shows me the respect due to a member of the bar; but out of court neither recognizes the other. But, sir, I know the amount of labor performed by him, the number of cases he decides, the time spent by him in holding court, and I know that $5,000 per annum is even less than a just compensation for his services, and I should hold myself entirely unfit for a seat in this body if I were capable of doing injustice to him because he is not my friend, or because he is my unrelenting and bitter enemy. By re- fusing to vote a suitable salary to him I should be guilty of doing toward him what I think he has often done toward me — injustice. We ought to vote a salary for the office, without regard to the merits of the accidental present incumbent. Five thousand dollars a year is not more than proper compensation for the services of any man fit to be a district judge. And without providing an adequate salary you can not at all times secure the services of a competent man, except from the wealthy men of tiie country, who might be willing to accept the office without any salary whatever. This would be closing the door of preferment to the poor, and surrendering the bench to the rich; which I am opposed to, not onlv because being a poor man I sympathize with that class, but because such a policy would be anti-republican, and a practical surrender of the bench to the rich VOID VOTES DEFINED. Undoubtedly the most profound legal argument made by Carpenter during this session was upon whether Joseph C. Abbott was. entitled to admission as a senator from the state VOID VOTES DEFINED. 387 of South Carolina. A majority of the legislature of that stale voted to elect Vance as United States senator, knowing him to be ineligible, but supposing, as they alleged, that his disabilities would be removed by congress in time to allow him to take his seat. The balance, a minority of the legis- lature, voted for Abbott, who was eligible, and he appeared and claimed a seat. The majority of the committee on priv- ileges and elections submitted a report against, while Car- penter submitted a report in favor of giving him a seat. In support of this report he made two speeches of great com- pactness and strength, filling over fifty columns of the Con- gressional Record^ and containing a very large number of authorities and decisions, European and American, sustaining his position. lie assumed the ground that those who voted for a person known to them to be ineligible, while others were voting for one known to all to be eligible, threw away their votes; and that thereby the eligible person, though not receiving an actual majority of the material votes cast, legally received all of them, and was elected. He presented, in support of this theory, a long array of decisions, none oi which the opposing senators pretended to controvert or answer. A quotation from Lord Dunnan's decision, in the English Reports, in the case of Gosling vs, Veley, as follows, will illustrate the tenor of all of them: Whenever an elector, before voting, receives due notice that a particular candidate is disqualified, and yet will do nothing but tender his vote for him, he must be taken voluntardy to abstain from exercising his franchise; and therefore, however strongly he may in fact dissent, he must be taken in law to assent to the opposing and qualified candidate. The principal argument oflered against this was that the senate was a law unto itself — not bound by any decisions made by courts and other " outside " bodies. Carpenter was disgusted at this style of argument, and in closing said: I felt that I had a duty to perform in relation to this question, and in my feeble way I have performed it. * * * I am as thoroughly convinced as I ever was in regard to any legal proposition tiiat Abbott is entitled to his seat, and shall vote accordingly, even if compelled to vote alone. His proposition received ten votes and was defeated. 388 LIFE OF CARPENTER. CONFUSED ON THE TARIFF. 1 here had been, as there always is on this question, some extraordinary debates on the tariff bill, and when, with a clause providing for free tea and coffee, it was put to a vote, Carpenter exposed the absurdities of the various arguments by asking unanimous consent to put a question to the chair. This being granted, he asked: I have been so much confused by the debate on points of order, and so much more by the inforination that has recently been volunteered to me, that I want to put a question to the chair, an answer to which will enlighten me. If you were here in my place, and wanted to vote for free tea and coffee, how would you vote.? He voted to place tea and coffee on the free list. CLEARING OUT COBWEBS. Several senators presented bills to " further the adminis- tration of justice, but Carpenter's was decided to be much more clear and comprehensive than the others, and was passed. Ij; is chapter CCLV, Vol. 17, Laws of the United States, and is a very important statute. It provides for tak- ing appeals to the United States supreme court; that con- victs imprisoned by the United States courts for non-payment of fines may escape by taking the "poor man's oath;" that when several persons are indicted together the jury may convict one or more of them and acquit or disagree as to the balance; and section five conforms the "practice, pleadings, etc.," of federal courts " in other than equity and admiralty causes " to the " practice, etc., of the courts of record of the state in which such United States circuit or district courts may be held, any rule of court to the contrary notwithstand- ing." No act of congress was ever a greater boon to young attorneys. It cleared the ancient cobwebs, intricacies and arbitrary modes of procedure from the federal courts, which in many instances had been so complicated and unpleasant as to greatly embarrass younger practitioners. The act con- tains sixteen sections, every one of which is important. THE KU KLUX ACT. 389 In discussing a bill amendatory of the act chartering the Texas Pacific Railway, Carpenter declared he had not the slightest doubt that congress had power to construct a rail- road from Wasliington to San Francisco, or between any other two points, and that under the fifth amendment to the constitution the right of eminent domain might be exer- cised in condemning private property for its right-of-way. Although this doctrine, which had for years been entertained by him, was then strongly combated, it is now generally ad- mitted. THE KU KLUX ACT. The " ku klux act," so-called, passed by congress April 20, 187 1, ended with a proviso declaring its provisions should "not be in force after the end of the next regular session of congress." Therefore, in May, 1872, the question of whether this law should be extended arose. Carpenter contended, against the democrats, that the law was constitu- tional and that it should be re-enacted. He admitted that its passage would raise a clamor and uproar from Maine to California in the presidential campaign then approaching, because it gave the President power to suspend the writ of habeas corpus, a provision the democrats solemnly declared would " take from the people their liberties and plunge the country into hopeless slavery." He said this cry about en- croaching upon the liberties of the people, false in fact thouo-h its authors knew it to be, would arouse the preju- dices and passions of the masses even to the extent, perhaps, of defeating General Grant. He argued : But, Mr. President, we are here, accidentally as politicians, officially as statesmen. We are here as senators We .ire here charged with a solemn duty of governmental administration, and we have no right to imperil the peace of a single county of this Union for the purpose of carrying a presi- dential election. The pa<^sage of this law last year, beyond all question suspended, suppressed the outrages that were disgracing the south and dis- gracing our land. The mere enunciation of the will of congress did it. It was not necessary to employ force. In most cases the mere announce- ment of congressional purpose on this subject, and the fact that Ciencral 390 LIFE OF CARPENTER. Grant knew how to enforce the law by means of the army and navy, pro- duced peace throughout the land. If this act is renewed peace will con- tinue. There will b-; no occasion, I trust and believe, for putting the act in operation anywhere. Then no harm will come. But I also believe — and I believe it, not because I think it is for the interests of the republican party to believe it, but even against my judgment of political policy — if this act were to be withdrawn these outrages in certain localities would be repeated; I believe that helpless innocence, the poor, the lowly and the humble, in certain localities, would be given over again to this brute violence, this crim- inality, this midnight riot of violence and wickedness, the details of which sicken any man to consider. Sir, I believe I understand myself when I say that if I knew the passage of this act would save the lives of innocent peo- ple in one county, would preserve the peace in one state, and yet result in the defeat of General Grant in this campaign, it would be my duty as a senator to regard our constituents, to preserve that public peace, to spread over our people, so long as we are in power, the protection which is em- bodied by the waving of our national flag. This was a bill of far greater importance than the people of any generation subsequent to the days of ku-kluxism can possibly appreciate. Carpenter mnst have so regarded it, or, loving and respecting General Grant as he did, and deeply solicitous for his re-election to the presidency as he w^as, he would not have voted or spoken for a measure that seemed likely to jeopardize that re-election. It was simply one of the more important of the many occasions in which Carpenter completely laid aside his friends, personal desires and party weal for the benefit of justice and humanity. A TOWERING HUMBUG. Toward the close of the session it was proposed by Senator Sawyer to appoint a commission of three, with clerks, stenog- raphers, etc., to " investigate the hours and wages of labor, and of the division of the joint profits of labor and capital." Although there was hardly a public man of his time who felt so deeply and spoke so earnestly for the common people, for the laboring classes, as Carpenter, yet he opposed this scheme as " a humbug of towering dimensions." He asked what con- gress could do provided it should be discovered that laborers A TOWERING HUMBUG. 39I received only one-half the compensation they deserved or de- sired; under what clause of the constitution power was derived to investigate the profits of business and labor, any more than the condition of marital felicity throughout the Union, the amount of profanity indulged in, or why men did not pay their debts. He contended against the bill at some length and voted against it. 392 LIFE OF CARPENTER. CHAPTER XXXIII. SALES OF ARMS TO FRENCH AGENTS. That which rendered this session of the forty-second con- gress particularly memorable was the debate on the sales of arms to alleged French agents during the Franco-Prussian war. Carpenter was the conspicuous and popular actor in this able yet angry controversy, and won in it such honors as must, without any other achievement, have rendered his sen- atorial career imperishable. Charles Sumner, being engaged in a quarrel with President Grant, presented a preamble and resolution reciting that the United States had violated the neutrality laws by selling arms to Remington & Sons, agents of the French government; that there had been fraud in re- porting and accounting for the proceeds of those sales, and that the United States had been dishonored by being cogni- zant thereof and a participant therein, and calling for a com- mittee of seven to investigate and report upon the matter. Carpenter voted for the investigation, but before doing so characterized it as a scheme conceived as and intended to be a stab at and assault upon the administration, brought at the opening of the presidential canvass for the purpose of injur- ing General Grant. He proclaimed that " those senators who moved and promoted this assault upon the administration " either knew there was no foundation for the charges, and that the government " would emerge from the investigation with- out the smell of fire upon its garments, or they knew our neutral duties had been violated and were taking up the clubs for a foreign nation and brandishing them over their own native land." The resolution was adopted by a vote of fift^^-two to five. But as the preamble was so much in the nature of a direct charge of guilt, and as Carpenter had so thoroughly exposed the animus which brought it forth, Sumner sought to with- SALES OF ARMS TO FRENCH AGENTS. 393 draw it, and finally succeeded in having it laid on the table. However, it was debated for two weeks before thus disposed of, Sumner in particular making free assault upon the admin- istration. Then Carpenter turned upon the senator from Massachusetts with spirit: Mr. President, the senator's purpose is now revealed. We know what his motive was; we know it was not to investigate facts, but it was an attempt to blacken this administration without regard to truth or justice, else the whole resolution would have been adopted two weeks ago without debate. Schurz, being a native of Germany, had no love for France, and his love for his adopted country, the United States, did not seem to be strong enough to prevent him from attacking its government for selling, under authority of law, arms to an enemy of the land in which he was born but from which he felt compelled to flee as a revolutionist. So Sumner, in prosecuting his quarrel with President Grant, made good use of what appeared to be Schurz's greater love for Germany than for the United States, of which he was then a senator. These points Carpenter turned against the two senators with deadly effect, interjecting short double- edged sentences and epigrams of a dozen words each into their remarks with such dexterity and power as to not only neutralize the force of his opponents, but turn their weap- ons back upon themselves with destructive results. He indicted the two senators for bringing forward a charge against their own country in the interests of a foreign country as being, to sa}' the least, unpatriotic; and the people might, he feared, judge Mr. Schurz even more harshly than that. When the committee of investigation was named Sumner refused to serve as a member of it. It was, therefore, con- stituted as follows: Hannibal Hamlin, Matt. H. Carpenter, John Sherman, F. A. Sawyer, John A. Logan, James Har- lan and John W. Stevenson. Sumner refu.sed to go before the committee to teslifv, and Schurz was present and cross-examined or coached all the 394 LIFE OF CARPENTER. witnesses. Carpenter drew the report, which found that the government, under the acts of congress of 1825, had ample authority to sell the arms; that there was nothing fraudulent or wrong in the sales so far as the United States government was concerned, and that no international comity or neutral duties had been violated, because the government had not sold mu- nitions of war to France and refused to sell upon equal terms to Germany. When this report was presented. May 11, 1872, Sumner arose and protested against receiving it, declared the committee was formed contrary to parliamentary rules, be- cause Jefferson's Manual says, " When any member who is against the bill hears himself named on its committee he ought to ask to be excused," and by innuendo charged that members of the committee had, as Mr. Logan put it, " per- verted the testimony or deviated from the path of their duty or done injustice to their country by forfeiting their own judgment and yielding to that which was an improper one." Carpenter struck a telling blow by showing that every member of the committee voted for the investigation, and that the report against which Sumner protested had never been read by him (Sumner) or any member of the senate not on the committee; and, therefore, its contents must be unknown. Twenty days later, under a motion to postpone the civil appropriation bill, Sumner renewed his attack on the Presi- dent, while pretending to debate the report on the sale of arms, although his entire reference to that subject did not occupy three dozen lines of the old narrow columns of The Globe. The speech was simply the most relentless and acrimonious castigation of his President ever uttered in the senate by a senator of the same political party. In it Sumner charged Grant with nepotism, with establishing a " military ring " in the White House, with insulting the African race, with assaulting the safeguards of the treasury, with numer- ous violations of the constitution, with contriving against San Domingo, with undue personal pretensions, with being influ- A GALLANT DEFENSE OF GRANT. 395 enced by gift-taking, and described him as " the great presi- dential quarreler of our history." He closed by haranguing the pending presidential convention not to re-nominate Grant, and pretended to quote the dying words to himself of Edwin M. Stanton, thus: I know General Grant better than any other person in the country can know him. It was my duty to study him, and I did so night and day, when I saw him and when I did not see him, and now I tell you what I know, he can not govern this country. Sumner alleged that he thereupon asked Stanton why he spoke for Grant during the presidential campaign of 1868, and the great secretary of war replied: "I spoke, but I never introduced the name of Grant. I spoke only for the republican party and the republican cause." Thus he con- tinued, summoning dead and living witness, in the onslaught upon Grant. A GALLANT DEFENSE OF GRANT. To this extraordinary speech Carpenter replied four days later. Usually he did not like to have Mrs. Carpenter pres- ent during his speeches, because, he said, he could never acquit himself so creditably when he knew she was watch- in rr him. On this occasion, however, he invited her to the chamber, and seemed to be in an exceedingly cheerful and confident mood. The galleries were packed, hundreds of prominent persons having come on from New York and Philadelphia to hear Carpenter's reply. He began by show- ing that every act of the government in selling arms to the Remingtons, the contractors, not the " agents," as Sumner characterized them, of the French government, was in ac- cordance with domestic and international laws, and introduced a letter from Prince Bismarck in which the great German chancellor distinctly said the sale of arms to France by cit- izens of the United States was no violation of neutrality lazes or of any treaty stipulations. 396 I.IFE OF CARPENTER. This demolished both Sumner and Schurz, who had pre- tended that the sale of arms to France was unjust to Ger- many. His argument upon the rights of neutral nations was pronounced by diplomatists and judges to be the most clear, learned and exhaustive ever delivered upon the floor of con- gress. It was unanswerable. Upon its conclusion Carpenter turned his attention to Sumner's " twenty columns of cal- umny, personal abuse and falsehood," uttered with the " in- tention of thwarting the manifest intention of the people to nominate and re-elect General Grant." It was a veritable tornado. Carpenter appeared to be inspired and " fretting for the conflict." He was in earnest. His face was flushed, his eyes sparkled and burned, his voice was loud and clear, and his mood, while not that of anger, plainly indicated a determination to redress an outrage, right a wrong, defend his friend, the President, from false charges, expose the motives of those who had made the assault, and punish them for their wickedness toward the administration. His designs were carried out with resistless force and over- whelming effect. He showed how Sumner first became angry with Grant because he failed to induce the President to remove Mr. Tuckerman from the Greek mission and ap- point to that position a man from Boston, whose recommen- dation was that he had been " a life-long friend " of Sumner. When, in his vivisection, he finally reached the marrow, his auditors listened in absolute pain and apprehension. They saw the destroying blasts increasing in fury, the indignation of the usually genial and mirth-provoking senator rising higher and higher, and the arraignment growing more terri- ble and destructive, but they could not tell when or how the end would come. Sumner, pale and trembling, sat, for a while, under Car- penter's lacerating and swift-descending lash, but, unable to bear up longer under the increasing scourge, rushed, or as Carpenter put it, " pranced " from the chamber. In denominating General Grant "the great presidential A GALLANT DEFENSE OF GRANT. 397 quarreler of our history," Sumner had said " the eleventh commandment " is that " a President of the United States shall never quarrel." In treating this Carpenter said: He has risen in this paragraph above the universe; he has seated him- self by the side of the Almighty and undertaken the revision, correction and enlargement of his works — " A President of the United States shall never quarrel." This is the addition which the senator from Massachusetts engrafts upon the decalogue, that body of laws given by God to man amid the thunders of Sinai. I hold in my hand the sacred volume which con- tains the revelations of man's latest existence on earth and penetrates the vail and discloses the mysteries beyond. John, on the island of Patmos, being " in the spirit on the Lord's day," saw many things, clean and un- clean ; he saw the great red dragon with seven heads and ten horns ; he saw the whore of Babylon in scarlet attire, and he saw the senator from Massa- chusetts. And apparently, to prevent the blasphemy which we have wit- nessed in this chamber, there are written at the conclusion of this sacred volume, which contains the light of our lives in this life and our guide to a better abode above, words of awful admonition which I recommend to the careful study of the senator from Massachusetts: "For I testify unto you, every man that heareth the words of the prophecy of this book, if any man shall add unto these things, God shall add unto him the plagues tluit arc vjritten in this book." Why, sir, if the presumption of the senator from Massachusetts should only reach a little higher, you might find in the book-stalls within a year a volume entitled "The Sermon on the Mount, Revised, Corrected, and Greatly Enlarged and Improved, by Charles Sumner." He has, as it is reported, long been not only an admirer, but an imitator of Burke; and it is clear that in the elaborate and malignant philippic upon the President which he read in the senate on Friday, which was composed at great expense of midnight oil, printed in pamphlet form and partially distributed before its delivery in the senate, the senator had in mind Burke's terrible arraignment of Warren Hastings, which was so vindictive as to provoke the following epigram: " Oft have we wondered that on Irish ground No poisonous reptile has ere yet been found; Revealed the secret stands of Nature's work, She saved her venom to create a Burke." Imitators are always more successful in copying the vices than the' virtues of the old masters; and the senator's philippic as far excels its model in malice and meanness as it falls short of it in grandeur and elo- quence. And there are many reasons for fearing that the senator will meet the fate of Burke, who late in life turned away from his early principles and died in the embrace of his early enemies, detested by his e.nrly friends. 398 LIFE OF CARPENTER. Having gone seriatim through what he termed, in a clear, ringing voice, the " monstrous exaggerations, wilful misrepre- sentations and deliberate falsehoods " of Sumner's speech, he turned to the last of them, the alleged dying charge of Edwin M. Stanton against Grant, saying: There is one thing, which, for its enormity, deserves special attention; and if I thought it would take the last breath of my life I would spend it on this. The senator asserts that this interview occurred a few days before Mr. Stanton's death; and that Mr. Stanton was expressing not a sudden con- clusion, formed upon newly-discovered testimony, but the result of his study of Grant's character for many years. He makes Mr. Stanton say : " I know General Grant better than any other person in the country cart know him. It was my duty to study him when I saw him and when I did not see him," etc. And he makes him say " that he was not consulted about the nomination " of General Grant for the presidency, and that in the speeches which he (Stanton) made during the campaign he never introduced the name of General Grant. The senator from Massachusetts has been very unfortunate in all this business. He waded into this investigation chin-deep upon the strength of letters of very eminent individuals, whose names he refused to disclose, and whose testimony, therefore, we could not obtain. But upon this occasion he evidently intended to support his charge against General Grant by witnesses who could not be called to impeach him. So he violated all the delicacies of friendship and invaded the sanctuary of the grave and called Edwin M. Stanton back to bear testimony against the President of the United States. Sir^ it is a little difficult to keep strictly ivit/iin parliamentary decorum and say tukat ought to be said on such an occasion. I shall attempt to do it, and I hope I shall succeed. In the first place, I am speaking to men who will know whether I am right or wrong in what I say ; and I assert that if Mr. Stanton made that declaration to the senator from Massachusetts under the circumstances de- tailed by him, if there is a word of substantial truth in that whole paragraph, if it be not an infamous fabrication from first to last, then Mr. Stanton was the most double-faced and dishonest man that ever lived ; and I call upon senators around me to bear testimony upon this point. There were accidents brought me to know Mr. Stanton very well. I came here to attend to an important lawsuit, occupied a room in the war depart- ment, and for several months saw Mr. Stanton daily. I went to the supreme court in the morning at eleven o'clock to watch the pro-^jress of its business, and I was at leisure for the rest of the day. I was much of the time at the department, and therefore frequently with him. He was at that time, as you all know, imprisoned in the department in consequence of troubles with A GALLANT DEFENSE OF GRANT. 399 the President, and he used to come into my room to smoke and often in- vited me to walk with him. In tlie course of our conversations 1 heard him refer to General Grant a hundred times, and never but with the highest respect and the kindest feelmg. I came here a senator at the session at which Mr. Stanton died, and was frequently at his house during his last illness. I saw him just before he died, under circumstances which gave me an opportunity to know more than I should otherwise have known of his feeling toward General Grant. I had charge, for the first time in my life, of a bill in the senate, the bill which we passed for the reconstruction of the legislature of Georgia, after the colored members had been expelled. We sat late at night to paes it. At about half-past eleven, while in my seat, it occurred to me something might be done to insure the appointment of Mr. Stanton as judge ot the supreme court. It had been talked about for some weeks. It had been ex- pected by many of us, and yet his nomination did not come. I then and there drew up a letter to the President, recommending Mr. Stanton to be appointed judge of that court. I took it around this chamber, and in less than twenty minutes obtained thirty-seven signatures of republican sena- tors. That was Friday night, and before leaving the senate chamber I agreed with the senator from Michigan [Mr. Chandler] to meet me at the White House the following morning, Saturday, at ten o'clock, to present the letter to the President. The next morning at ten o'clock I rode to Mr. Stanton's and showed him the letter, and as he glanced over it the tears started down his cheeks. He said not a word. He did not even say thank you. Witnessing the depth of his emotion, I bowed myself out, telling him that I was going to present it to the President. I carried it to the President and found the senator from Michigan with the President, awaiting me. Said the President: "I am delighted to have that letter; I have desired for weeks to appoint Mr. Stanton to that place, and yet, in consequence of his having been sec- retary of war and so prominent in the recent political strife, I have doubted whether it would answer to make him a judge; that indorsement is all I want ; vou go to Mr. Stanton's house and tell him his name will be sent to the senate on Monday morning." This was on Saturday. I then drove back to Mr. Stanton's house and told him what the President had said. Mr. Stanton's first reply was: "The kindness of General Grant — it is perfectly characteristic of him —will do more to cure me than all the skill of the doctors." And, sir, I know that in tlie serious illness which terminated so disastrously, he frequently had occasion to refer to the course of the administration, to matters that were pending in congress, and I do know, and I can testify, and I hold it to be my solemn duty to testify, that in all those interviews, from first to last, from the time 400 LIFE OF CARPENTER. I first made his acquaintance down to the hour of his death, I never heard him say of General Grant anything that was not of the kindest nature and of the highest praise. My friend from Vermont [Mr. Edmunds] reminds me of a difficulty that occurred after the name of Mr. Stanton was sent to the senate. He was appointed to succeed Mr. Justice Grier, who had retired, to take effect on a future day, the ist of February, I think, that he might be present at the decision of some causes that had been previously argued. Mr. Stanton's name was sent here; he was confirmed by the senate, and a commission was made out and i-eady to be delivered. The President then suggested this difficulty: Mr. Justice Grier still being in office, could the commission be delivered.'' Thereupon several friends were consulted by the President, and they advised him that there was no difficulty on that ground; and thereupon the commission was sent to Mr. Stanton, to take effect on the day when the resignation of Mr. Grier should take effect. The President continued to call upon him at his house, day after day, during his last ill- ness, up to the day of his death, and followed his remains to the grave. The circumstances of the appointment of Mr. Stanton to the place were very remarkable. Mr. Justice Grier, an old man full of honors and full of days, had sent in his resignation, or announced his disposition to retire on a certain day. Mr. Stanton was nominated, confirmed, commissioned, and ready to take his seat. He was then taken sick, died, and was buried, all before the ist day of February, and on that day good old Justice Grier returned, took his place on the bench, and helped to decide causes after his successor had been appointed, commissioned, and was dead and buried. The circumstances show the anxiety of the President in this matter to do this kindl}' act to his friend Stanton; and I tell you, sir, what I do know, and what no statement could shake from my belief for one moment, ^/lere is not one ivord of truth in the -whole paragraph. Carpenter then quoted from numerous speeches made in 1868 by Stanton, in which he not only "introduced the name of Grant," but bestowed upon him unstinted praise. At Steubenville, Ohio, Stanton said: Vote early and vote often ; for if Grant be elected, this globe shall disap- pear from the firmament before the banner of the United States shall suffer tarnish or shame, on the land or on the deep. If there is any man among you that would reverse the order of history ; who would bring upon you a shame and a reproach never before known among the nations of the earth; who would have the commander of the United States armies deliver up his sword, and humbly bow before the rebel commander — let that man vote against Grant, but never again call himself an American citizen. A VIEW OF THE CONTRO\'ERSY. 4OI At Philadelphia, before the Union League and elsewheri-, Stanton delivered powerful speeches for Grant, and after quot- ing from them Carpenter thus closed his speech: It is a fortunate thing that the dead secretary has left it without the power of the living senator to belie him. • * * The quotations I have made are sufllcicnt to show, either that Mr. Stanton, on his deathbed, uttered a falsehood to the s-enator from Massachusetts — a falsehood which he must have known to be susceptible of easy contradiction by reference to reports of his speeches during that campaign —or that the senator from Massachu- setts deliberately falsified Mr. Stanton. I am content that the American people shall judge between them. The national republican convention which re-nominated Grant was in session at Philadelphia when the speech was delivered. Among the numerous telegrams of congratula- tion and thanks was one from the Wisconsin delegation in that convention, couched in the strongest language and signed by every member. This speech undoubtedly had a wider influence upon the country than any Carpenter ever delivered in the senate. Thousands and thousands ^ of copies of it were printed and sent broadcast over every state in the Union. Grant was re-nominated, the heat of a presidential campaign prepared the public mind for impressions, and this speech was admit- ted on all sides to be the most potent element of the can- vass in securing his re-election. And if it did not completely silence Sumner and Schurz, who were openly opposed to Grant, it destroyed all their influence and their power for evil, as it exposed to the world the falsity of their charges against the administration and the animus of their hatred of the President. A VIEW OF THE CONTROVERSY. Perhaps no more favorable opportunity than this will be offered for a further reference to the senatorial relations be- i The republican committee alone circulated a hundred thousand copies. 36 402 LIFE OF CARPENTER. tween Carpenter and Sumner. When the former first appeared in Washington as a senator he was received with a great deal of distinguished condescension by the senator from Massachusetts, who gave an elaborate dinner in his honor. For some time Sumner had ruled the senate with a rod of iron, and he adopted the usual means of capturing new sen- ators to secure Carpenter as one of his pliant friends and allies. Therefore, when, a little later, he discovered that he could not control Carpenter nor quell his frequent rebellions against dictation, he was astounded. But mere astonishment was soon forced to the rear by a more disturbing and dan- gerous feeling. Carpenter became suddenly popular; was recognized as one of the very ablest lawyers who had ever sat in congress; was a brilliant and fascinating, as well as ef- fective debater, and was referred to by the newspapers as the " leader of the republican side of the United States senate," the " coming man," and the " Webster of the west." All this nettled and annoyed Sumner, who lost few oppor- tunities thereafter of making trouble for Carpenter. When, early in his first term, it became apparent that he was about to become an aggressive opponent of Sumner in a particular matter, his friends approached him in fear, protesting that he must proceed with no rashness against the acknowledged leader of the senate, as he would certainly be destroyed. Like Alexander, who fought only when he had kings for competitors, he replied: "I would rather be destroyed in honorable battle than be taken a prisoner and led to support and indorse measures against which m}^ conscience revolts. If I lock horns at all, and I plainly see I must, it may as well be with the biggest ox in the herd." And so he locked horns with Sumner. In all his contro- versies with the Massachusetts senator, Carpenter never lost his temper; nor did he even reveal a shadow on his overflow- ing mirth, except that, in his defense of President Grant, A VIi:W OF TlIK CONTROVERSY. 4O3 there was perceptible an earnest determination to inflict what he believed to be well-merited punishment. Even in this he displayed no ill-temper, but it was evident to all that he was iiring no blank cartridges — that he was aiming at vital parts and striking to kill. But none of these little dillerences were premeditated on Carpenter's part nor carried forward as the programme and in the spirit of rivalry. On the contrary, when Sumner presented any measure, which he frequently did, that Carpenter could indorse, he always made special exertions and apparently had great de- light in efforts to secure its passage. Personally, he was always courteous, genial and cordial toward Sumner, which left for the Massachusetts statesman absolutely no reason to complain of Carpenter's occasional but strong opposition to his measures, nor any room to question the sincerity of his motives. When Sumner had carried his hostility to the administra- tion so far that he would not speak to Grant nor Secretary Fish, it became necessary, for the proper transaction of public business, to remove him from the chairmanship of the com- mittee on foreign relations. After he had been deposed and Simon Cameron given his place, he said to Wm. E. Cramer, of Wisconsin, while complaining bitterly of certain republi- can senators: "I can not find fault with Senator Carpenter in this matter; he has simply acted with his party. Though hostile, his attitude has been open and fair." That forcible removal can not be consided otherwise than a justification of every public act of Carpenter towards Sumner. He was a sincere mourner over the death of Sumner. Probably not one of the hundreds of distinguished per- sons present on the solemn March morning in 1874 when the funeral formalities of the two houses of congress in honor of the deceased abolitionist had been concluded, ever so fully comprehended the boundless power that can be given to words by the human voice, as when Carpenter, as president 404 LIFE OF CARPENTER. fro tempore of the senate, with tearful eyes and upL'fted hand, said: The services appointed to be performed by the committee of arrangements having been terminated, the senate of the United States intrusts the mortal remains of Charles Sumner to its sergeant-at-arms and a committee ap- pointed by it, charged with the melancholy duty of conveying them to his home, there to be committed, earth to earth, ashes to ashes, dust to dust, in the soil of the commonwealth of Massachusetts. Peace to his ashes! THE BOSTON FIRE. 405 CHAPTER XXXIV. FORTY-SECOND CONGRESS — THIRD SESSION. The third session of the forty-second congress, which be- gan December 2, 1872, was one that never passed from the minds of the people nor from the clearest recollections of Carpenter. It was rendered memorable by the discussion of the Louisiana question, and, for a time, odious, by the pas- sage of the " back-pay " bill. He had always held that the federal government could ex- ercise the right of eminent domain and condemn those lands in any of the states which might be required for postoffices, arsenals and government works generally, and at this session introduced a bill providing for the condemnation of lands in such cases. It received the sanction of the best lawyers of the senate, but, with numerous other bills, was left hang- ing in mid-air at adjournment. THE BOSTON FIRE. The senators from Massachusetts introduced a bill to ex- empt from all tariff and impost duties for a certain period, goods imported by the merchants and business men of Boston who suffered losses through the great fire of 1872. This Carpenter opposed as wholly outside of the power granted by the constitution to congress, as he had done when a simi- lar bill for the benefit of the Chicago sufferers was pending. He declared that if Boston could be exempted from the tariff laws New England might be given the same concession, and that such precedents were becoming altogether too numer- ous. Portland and Chicago had received such legislation; Boston was asking it, and the door having been opened, every other city that might thereafter suffer by fire could and would demand similar concessions. He favored a direct ap- propriation from the treasury rather than the tariff exemption. 406 LIFE OF CARPENTER. for by the former all classes of losers could be reached and relieved, while by the latter the rich alone would profit. He said: To whom does this provision carry benefit? Not to the poor man, not to the man who owned a poor shanty or had $5,000 worth of goods, or $1,000 worth ot household furniture. He gets no benefit from this bill. No, it is your nabob; it is your landlord; it is your man worth his millions, your man who is abundantly able to stand up and meet this calamity, that congress is called upon to help. There is one authority for such legislation, and but one. The Scripture saith that " to him who hath shall be given; but from him who hath not shall be taken even that which he hath." To the landlord and the nabob of Boston, able to stand up and meet this calamity, congress will give, not of its means, not of its abundance, but it will release him from the constitu- tional obligation resting upon every citizen. But to the poor man of Bos- ton, to the tenant who hired his place and paid his monthly rent, to the poor man who lost his furniture and saw himself and children in the street the next day without one dollar, oh that is too small a thing for congress to deal with, and the honorable senator [Mr. Sumner] says congress, like the Divinity, should only come in on great occasions. The greatness of an occasion, to my apprehension, does not depend upon the greatness or the wealth of a man who has lost only a part of his means. It is a great oc- casion when a small man is crushed to the earth by misfortune; a great occasion when a poor man is stripped of the little he has; it was a great occasion when the poor woman sitting at the gate of the temple gave her mite to a fund of charity. FRANKING PRIVILEGE ABOLISHED. On January 22, 1873, ^^^ ^^^^ ^^ abolish the franking priv- ilege on and after July i, 1873, passed the senate. The final proviso was that " no compensation shall now or hereafter be made to members of congress on account of postage," to which Carpenter offered as an amendment, " or for any other purpose." This cut off salary and mileage, and was of course defeated. He then voted against the bill, de- claring it to be a grave mistake to cut off the free distribu- tion of public documents — an injury rather than a benefit to the people, the rectification of which they would re- quire in the future. His prediction was verified when the "back i'Ay." 407 franking privilege as to all except the private correspondence of members of congress was soon after restored. During the count of the electoral votes alleged to have been cast for U. S. Grant and Horace Greeley for President, at the election of November, 1872, Carpenter objected to counting the votes of Louisiana for Grant. That state had cast sixty-six thousand four hundred and sixty-six ballots for the Greeley and only fifty-nine thousand nine hundred and seventy-five ballots for the Grant electors, but the returning- board " counted in " the latter. The objection was sus- tained, and the eight votes of Louisiana were rejected entirely, as were also those of Arkansas and Georgia. If the votes in question had been necessary to elect a President, perhaps they would not have been thrown out without more of a struggle. FILLMORE'S SANCTION OF POLYGAMY. When the bill providing for the " better execution of the laws in Utah " was pending, Carpenter warned the senate to proceed with caution, lest laws which could not be en- forced against an institution which had already received the ^/^^5/-sanction of the federal government be enacted, thereby encouraging further defiance of and contempt for the United States by the Mormons. He referred to the fact that certain territorial laws enacted by the polygamists were not for many years disapproved by congress, and that Millard Fillmore nominated, and the senate confirmed, Brigham Young to be governor of Utah while he had about him thirteen or fourteen adulterous wives, thereby giving some- thing of legal sanction to polygamy. " BACK PAY." Carpenter had always voted to increase the pa}' and re- quire better service of federal employes, and the bill abdlish- ing the franking privilege having passed, voted to increase the compensation of members of congress from 4>5,ooo to 4o8 LIFE OF CARPENTER. $7,500 per annum. He predicted that with the constantly increasing cost of living, if the salaries of senators should not be increased, the entire senate would fall into the hands of the rich within twenty-five years.^ Before recording his vote, he said: I came here determined to do what I thought was right upon all subjects, salaries included. I have advocated an increase of pay in every branch of the public service for ten years. I have not had the honor of being in con- gress so long, but I have been on the stump in this country for ten years, and I may say, speaking of the people of the west, that I know the public pulse as well as any man in the west. 1 have always advocated a grade of salaries amounting to compensation, and my constituuents, when they elected me, knew that if I had been honest on the stump I would vote to increase the salary of every public officer from the President down to a con- stable. There is no doubt whatever that a senator could come to Washing- ton and live on $5,000; he could come here and live on $3,000; he could come here and live on a thousand; but how could he do it.? The senator from Vermont seems to be alarmed lest his constituents should get after him if his salary is increased. I have not the slightest fear that any objection will be made by the people of Wisconsin. They are men of liberal views, men of sense. I have not conversed with any man in that state on this subject for years who did not approve of an increase of our salaries and who did not look to that as the true reform in the civil service. Why, it is with this as it is with everything else in life; if you are to have a position among gentlemen you must live as gentlemen live. The expense of living has advanced fearfully beyond what it was in the days of the Revolution. This is the consequence of our advance in wealth, in civilization, and in importance as a nation. The people of Wisconsin, if they send a man here to represent them in the senate, wish him to live hovr? In the garret of a five-story building on crackers and cheese, to dress in goat skins and sleep in the wilderness.? No. When they come here and ride by the mansions of my honorable friends from Vermont [Mr. Morrill and Mr. Edmunds] up on the Circle, see their elegant houses, brilliantly lighted, surrounded by acres of pavement, parks and fountains, all built at the expense of the nation; see them giving levees and receptions; and if they ride by the palace of my honorable friend from New Jersey, and see his magnificence of living, and then come to the homes of the " poor white trash " of this senate, and find their own senators among them, they will not like that. They have manly pride, and expect to find their senators living like other senators. The people of Wisconsin know that the services of a competent 1 Count thj millionaires of recent senates and observe how close to veri- fication that prophecy has already approached. "back pay. 409 cashier of a bank, or president of an insurance company, can not be secured short of a salary of $10,000 a year. They believe a senator ought to have as m;;ch brains as a cashier of a bank or president of an insurance company. And they are willing to pay accordingly. The senators from Vermont may truthfully represent the views of their constituents. The senator from Pennsylvania [Mr. Scott] may truthfully represent his constituents. I have no right to say they do not. But I speak for a people living on the beach of the great lakes, on the wide prairies of the west; a people whose cheeks are fanned by breezes which have come a thousand miles; a people living on the banks of a river which traverses a continent; a people whose views are enlarged to correspond with the face of nature with which they are familiar. They are able, and expect to pay for whatever they have. They expect to be served faithfully, and are willing to pay a compensation for the service rendered. They expect, desire, to bo represented as well as the other states are represented. They intend that their senators shall have as much influence in the national council as the senators of any state ; and they are willing to pay the neces- sary expense to secure this end. That was a splendid tribute to the assumed liberality and advancement of the people of his state, which, when he re- turned home, was met with a storm of abuse and denuncia- tion. No argument, sense or reason was used; the merits of the question were not discussed; but general maltreat- ment was visited upon those who voted for " back pay " more viciously than it had ever been upon the blackest violator of virtue or most brutal shedder of human blood. 4IO LIFE OF CARPENTER. CHAPTER XXXV. MONEY IN POLITICS. At the special session of the senate, convened March 4, 1873, thti charges against Alex. Caldwell, of Kansas, of secur- ing his election to the United States senate through bribery, came up. Carpenter held that abundant malice but no brib- ery was proved; and that even if four legislators, as charged, had been bribed to cast their votes for Caldwell, they did not render his election void nor change the result, as he was chosen by a majority of twenty-six. During this debate Senator Morton expressed his indignation at the use of money in politics. To this Carpenter replied with rare humor but telling efl'ect. He ended: " Why, sir, in Wisconsin we actu- ally spend money to pay clergymen and promulgate the gospel! " Caldwell cut all proceedings short by resigning. FORTY-THIRD CONGRESS— " BACK PAY." The first regular session of the forty-third congress began December i, 1873. Almost the first thing accomplished was the repeal of the law of the previous session increasing the pay of various federal officials, which, so far as senators and representatives were concerned, gave rise to the " salary- grab " clamor. Carpenter opposed and aided in defeating the amendment reducing the President's salary to $25,000, but voted for the provisions restoring the pay of congressmen to the old figure, $5,000, giving his reasons therefor. He said he charged his clients what he thought they ought to pay for his services, but if they objected, he received what they were willing to give him. To quote verbatim: I propose to deal with my constituents as I deal with my clients. If we disagree about my compensation, I shall settle with them upon their own terms. When the salary bill came before the senate at the last session, I believed, as I have ever since I had any opinion upon any matter whatever, enemy's property defined. 411 that the only way to obtain a sound article is to pay a sound price, and that the only way to obtain faithful public service is to pay a fair compensation. * * * I have voted to increase the salaries of judges, cabinet olficers, bureau ollicers, clerks in the departments and all other public servants. I have done this from a sense of duty. I never acted more conscientiously in my life tlian when I voted for the salary bill at the last session. I have seen nothing to lead me to change my opinion. I have read columns of abuse without one sentence of argument, and I can see but one reason why tliis law should be repealed, that is, the people demand it. * * Could the question be submitted to the people of Wisconsin to-day, the salary law of the last session would be repealed five to one. * * Regarding myself as one of the agents of the people of Wisconsin and knowing their wishes,' it is mv pleasure as it is my duty to vote as I know they would if this ques- tion could be submitted to them Not one member of either house of congress spoke so frankly in regard to this measure; none otlered sounder reasons for voting to increase the salaries of congressmen, and none bowed with greater pleasure to the judgment of the people that his steps must be retraced. ENEMY'S PROPERTY DEFINED. When it was proposed to transfer all the cases pending before the southern claims commission to the court of claims and enlarge the jurisdiction of that court, Carpenter renewed his old protest against opening the door of the treasury to every person who would swear he lost property by the Re- bellion and was " loyal in spirit " to the Union. He again contended all property in the enemy's country was, in the eve of the law, enemy's property, liable and compelled to furnish sustenance to the invaders, although the owner might not be disloyal in heart or act, and was liable to destruction as possessions of the foe without creating a claim against the loyal government. The supreme court had repeatedly decided that the Rebellion was a "territorial war;" that the south was the enemy of the north as fully as though an ocean had rolled between them and they had never been under 1 The republican state convention of 1873, at Madison, adopted a resolu- tion cor.deinning the " salary -grab " law. 412 LIFE OF CARPENTER. one government. He thus illustrated his objection to pay- ing the claims coming up from the south: If we were at war with England, for instance, and sent our army to invade Canada, the moment we crossed the Canadian line we should be in enemy's country. Any person domiciled there, doing business there, is, for the purposes of war, enemy's person and enemy's property; and we could no more distinguish between the property of an American citizen residing there and the property of a British subject residing there than we could draw any other distinction that has no existence. And the destruction of the property of that American citizen would not create a legal claim against the American government. Carpenter voted against the bill reducing the army, be- cause it was a portion of the appropriation bill, which must pass; but not until he had roundly denounced the "vicious custom of engrafting general legislation on appropriation bills." Other members denounced the custom but voted for the bill. A SENATOR'S LUXURIES. The franking privilege having been repealed, it was pro- posed to discontinue printing large quantities of the various public documents. This Carpenter opposed, saying the people had a right to know what their servants were doing. He discloses some interesting facts: I hope the senate will continue to print documents, and that members will distribute them. Congress voted to abolish what was styled the frank- ing privilege, and on the motion of the senator from Vermont [Mr. Mor- rill] declared that no allowance for postage should thereafter be made to members. It was universally recognized as one of the duties of members of congress to distribute the documents published for that purpose. By the law as it then stood, these documents were transmitted as free matter, under the frank or signature of a member of congress. When congress abolished this provision of law, and provided that no allowance should be made to members for postage, I suppose it was intended that members should pay the postage upon all mail matter which had previously been transmitted under the frank. I understood this to be imposing upon every senator about $i,ooo per annum in postage. I thought this was unjust, and therefore voted against the bill. But the bill passed. The superintendent of documents has furnished me a statement that the postage on documents alone, based upon the amount published in the last congress, will be $921.87 FOREIGN PROVINCES IN AMERICA. 413 per annum. The other postage paid by members upon matter of public business will be at least $200 per annum; that is $1,121.87 '" all, per annum. This change in the law, together with the abolition of mileage, which averaged about $400 to each member, and the abolition of allowance for stationery, $125 per annum, were reasons, among others, which induced me to vote for the increase of salary to the amount of $7,500. The idea of divorcing the government from the people, as we must do if we stop distributing the documents which are published by congress, strikes me as being a fatal blow at the theory of our government and its perfect administration. The people should know what we are doing, and should know it accurately and truly, and while congress is too virtuous to frank a document and let it go at the expense of the nation, let us pay our postage; and if we have not anything left, we do not come here to make money; we do not come here to get our expenses even. We come here, as we are informed by the people, and I now fully believe it, for the glory of the thing. Now, let us take the glory and let us spend the few dollars we have left over our board bills in paying the postage on these documents; and as long as that method of administration is agreeable to the majority of con- gress no member has a right to complain; and when it gets to be disagree- able congress can provide that these documents, being certified to by the printing office, or by a clerk in the senate, or by some other officer to be appointed, shall go from Washington to the people free of postage. As we have seen, the franking privilege, for the benefit of the people, not of congressmen, was soon after restored. FOREIGN PROVINCES IN AMERICA. Senator Windom, at this session, presented a bill to allow an agent of the Mennonites, in South Russia, to locate and hold for two years, " in a compact body," five hundred thousand acres of the public domain, and at any time during those two years to settle on such lands. Carpenter opposed the measure. He said that while heretofore all nationalities had been treated alike and given the same privileges upon the public domain, it " was now proposed to establish a for- eign colony in this country." It was, he affirmed, establishing a dangerous precedent; for if a colony of Russian nihilists or French communists should next ask for the exclusive use of a separate county, their request could not consistently be denied. He also 414 LIFE OF CARPENTER. pointed out that as the Mennonites were not to become citi- zens, we should have a large colony of people founding homes and wealth out of and upon our domain, but remain- ing, in all probability, subject to the military laws of Russia; that at least the question of whether we could hold them to mil- itary service vsould be an international and difficult one, and that in the remote contingency of a war with Russia a large colony in our midst might be compelled to fight against the country afibrding them homes and protection. The bill did not pass. AN HISTORICAL CHAPTER. Carpenter was chosen to present to congress the unpub- lished documents containing a record of the doings of Earl St. Germans during the Carlist war in the Basque provinces. The exceedingl}'- clear and clever manner in which, in doing it, he covered the salient points in that famous insurrection, is not only interesting but valuable: These are the official papers of Lord Elliot's (since Earl St. Germans) mission to Spain in the spring of 1S35, at the beginning of the Carlist war in the Basque provinces, where, history repeating itself now, more than an average generation afterwards, another Carlist war is raging. The facts are briefly these : Before the death of King Ferdinand II, of Spain, he had married, in his old age, a sister of the King of Naples, nick- named King Bomba, from his bombarding his own capital, who was finally expelled by Garibaldi. This was Queen Christina, the mother of Queen Isabella. The law of succession in Spain was the salic law, by which fe- males were excluded from the throne. Queen Christina caused the king to convene the cortes; and through the inducement of giving to Spain a con- stitutional government, obtained the formal abrogation of that law; also the declaration that her daughter, on the king's demise, should succeed to the throne imder the title of Isabella II, and that she, during her daughter's minority, should be regent. King Ferdinand had a brother, Don Carlos, the grandfather of the Don Carlos now contending for his claims and in his right. The claim was that the abrogation of the salic law could have no retroactive effect, whatever it might do in the future, and hence could not aflect his right to the throne. He made a formal protest, and retired to Portugal. Ferdinand died soon after. Isabella was proclaimed queen, and Queen Christina regent. About the middle of 1834 the inhabitants of the Basque provinces rose under the AN HISTORICAL CHAPTKR. 415 famous Zumal-acarregui, and Don Carlos joined thcni, assuminj^ the title of Charles V. In the war that ensued no quarter was given on either side, each party treating the other as rebels, until Lord Elliot went out on his mis- sion of mercy, and succeeded in inducing both parties to sign a convention, by which all captives taken in arms wcro in future to be treated as prisoners of war. This was in April, 1S35, the war having then lasted about nine months, the prisoners shot in cold blood numbering at least two thousand. The war terminated on the 31st of August, 1839, or four and a half years afterward. After the Elliot convention no prisoners of war were shot, and we mav assume that from ten to twelve thousand lives were saved by this humane intervention, from the fact that the war lasted six times as iong atlter the convention as it had existed before it. And considering that the war spread over a much larger extent of country and greater numbers were engaged, it is probable that from thirty to fifty thousand lives were thus saved. Few diplomatists can console themselves in the decline of life on such humanitarian success having crowned their efforts, and it is only justice to add that, though then a young man, the skill and discretion with w hich he executed his seemingly hopeless mission entitle him to the gratitude of the civilized world. The British government was then under treaty obligations never to rec- ognize Don Carlos, nor permit the intervention of other powers in his favor, and to do all they could to prevent any military or material aid from reaching him. By a change in the cabinet, the Duke of Wellington having succeeded Lord Palmerston, the former commissioned Lord Elliot to mediate between the contending parties, to urge on them the necessity of making some arrangement which should put an end to the mode of warfare which had excited " the most painful sensations through Europe." Lord Elliot was at the same time instructed frankly to inform Don Carlos and his generals that the British cabinet was bound by the treaty before mentioned, and that they must entertain no hope of a change in the policy of the govern- ment. The papers relating to this negotiation have never been published, but were sent by Earl St. Germans to General C. F. llcnningsen, of Washing- ton, whom he had known as an officer in the Carlist army, on the condition that they should not be published, because some of them, though the least important, he considered to be the property of the British government, but with permission to place one copy in the library of General Albert Pike, and one copy to be presented to the senate of the United States for its library by any senator whom Messrs. Pike and Ilenningscn might request to do so. At their request, I make this presentation. 4l6 LIFE OF CARPENTER. CUBAN FREEDOM. On April i6, 1874, Carpenter introduced a paper whose preamble declared that " it is the clear and undoubted right of any American colony to sever its connection with the mother country, and establish itself as an independent nation, whenever the good of its people demands it," and resolving that it " had become the duty of the United States to recog- nize Cuba as one of the independent nations of the earth," and that the contending parties should be accorded belliger- ent rights and equal privileges and advantages in all the ports of the United States. This was not adopted, and a terrible guerrilla warfare continued until 1878 on the island, which still belongs to Spain. ANOTHER CIVIL RIGHTS BILL. On May '22, 1874, Carpenter voted against the substitute for Charles Sumner's civil rights bill, providing that colored people should have equal rights and privileges with the whites in juries, churches, schools, theaters, etc., most par- ticularly because section 4 prescribed the qualifications of jurors in state courts, which he held to be unconstitutional. He thought no state could be interfered with in prescribing the qualifications of jurors for its own courts. IMPOSTS, COMMERCE AND SUFFRAGE. It was attempted during this session to hustle through a number of bills allowing certain persons respectively to im- port free of duty paintings, statuary and animals for a zo- ological garden. One of them slipped through the senate on a day when Carpenter was ill, but subsequently he left the chair and attacked all of them as unconstitutional. He held that the impost duties on art goods and menageries were intended for all persons the same as the duties on iron, liq- uors, or silks. Congress granted no further privileges to violate the constitution during the session. FIRST TERM ENDED. 417 Senator Windom reported a resolution asking for an ap- propriation to make surveys for the improvement, by the government, of the Mississippi river; making a continous water-route from the Mississippi to New York zv'c/ the Great Lakes, the Fox and Wisconsin rivers, in Wisconsin, and the Hudson river, in New York; opening a water-route from the Mississippi to tlie ocean -cia the Ohio and Kenawha riv- ers and a canal, and another route from the Mississippi via the Ohio and Tennessee rivers and a canal or freight railway to the ocean. Carpenter favored the appropriation because he thought it would commit the government to the broad system of internal improvements recommended by Senator Windom, " and," said he, " I shall go the whole programme, Mr. President." The scheme failed to carry. Carpenter favored, and made a strong argument in sup- port of, a bill providing that foreign corporations might be sued through the agent located in any state in which the suit arose, as otherwise, in many cases, it would be impossible for poor people to obtain justice. While a bill to create the new territory of Pembina was pending, an amendment, providing that in that territory the right of suffrage should not be abridged on account of sex, was oflered b}^ Senator Sargent. Carpenter not only voted for the amendment, but made an eloquent speech in favor of universal sufli-age, as a cure for many evils that could, by no other means, he said, ever be eradicated from our pol- itics. FIRST TERM ENDED. The second session of the forty-third congress, which began December 7, 1874, ^^''^^ tame. It was the last session in Car- penter's term, and extended over the period of the campaign for his re-election, in which he was finally defeated b}' a few bolters, as we already know, after having been regularly nominated by a caucus of his party. However, he was ab- 27 ^l8 LIFE OF CARPENTER. sent from his seat but a few days, during the most exciting and decisive hours at Madison, where the legislature of Wis- consin was in session. ANOTHER PROPHECY FULFILLED B. F. Butler, of Massachusetts, reported in the house a civil rights bill similar to that drafted by Charles Sumner and defeated in the senate. Carpenter made a speech against those portions which he regarded as unconstitutional, em- phatically the clause providing qualifications for jurors in state courts. He quoted various decisions in support of his ob- jection to engrafting such a provision upon the statutes of the country; one by the supreme court of the United States, in i6 of Wallace, being particularly apt and conclusive. He contended that the right to serve on a jury in any state court was a right of state citizenship only,^ not a right of United States citizenship, making use of this illustration : If the right to serve as juror in the state of Massachusetts, for instance, were a right which pertained to a citizen of the United States as such, then it would follow that a citizen of the United States, residing in New York or Calitbrnia, would have as much right to serve as a juror in the courts of Massachusetts as a citizen of the United States residing in that state. After combating the unconstitutionality of the measure generally, he closed: The supreme court of the United States, in tAvo well considered decisions, have settled principles upon which the validity of this bill must be denied, and every circuit court in which a suit may be commenced under its provis- ions will be compelled, in proper judicial subordination, to rule against a recoverv; its onlv effect, therefore, will be to involve the colored man in liti- gation in which he is certain to be defeated, "keeping the promise to his ear and breaking it to his hope." From the consideration which I have briefly stated, I am compelled to vote against the bill. I can understand how an orator like the senator from Indiana [Morton] could inflame the passions of a popular assembly and 1 The United States supreme court has affirmed this doctrine clearly and emphatically. 'ATTORNEY AT LAW 419 rally it to support the provision, of this bill, hut I conrcss my astonishment and my sorrow that he can carry along with him the highest court of the land, the senate of the United States, and pass this bill through all the forms of enactment. I am consoled, however, by the confidence that, if it shall become a law, the judicial courts will intervene to vindicate the constitution. ^ On October 15, 1883, this civil rights bill, before the United States supreme court on appeal, was held invalid and void, unconstitutional and inoperative, except in the territories and the District of Columbia. Thus is another prediction fulfilled to the letter. The opinion of the court, by Justice Bradley, contained several of the objections urged by Carpenter against the bill in the speech from which the foregoing ex- tracts are made. "ATTORNEY AT LAW." It is customary for visitors at Washington to purchase lib- erally the photographs of favorite senators, generally requir- ing an autograph upon each picture. Just before midnight of March 3, 1875, a page ran to Carpenter with a package of photographs, and asked an autograph upon each. Taking them in hand, he leaned back and waited patiently for the senate clock to point the hour of midnight. At that instant ' he seized a pen and wrote upon the several cards: " Matt. H. Carpenter, attorney at lawr He was no longer a senator. His first term expired at twelve o'clock and he was then simply an " attorney at law." 420 LIFE OF CARPENTER. CHAPTER XXXVI . RE-APPEARANCE IN THE SENATE. Having been elected to succeed T. O. Howe, Carpenter was sworn in as a senator of the forty-sixth congress on Tuesday, March 16, 1879, ^^ which day a special session was convened by President Hayes for the purpose of mak- ing the necessary federal appropriations, which had been refused by the previous democratic congress. He drew seat number forty-live, between John A. Logan, of Illinois, and Henry W. Blair, of New Hampshire. He was so cordially greeted on all sides, that although not in robust health, and having a heavy law practice on his hands that could not be relinquished, thus adding to his labors, he greatly enjoyed the return to congress. One of his principal constitutional speeches during this session was upon the case of John Bell, appointed by the governor of New Hampshire, under peculiar circumstances, as a senator from that state. The legislature adjourned its last regular session before the date of the expiration of Wad- leigh's term, March 3, 1879, "without electing his successor. A new constitution had just been adopted, under which a new legislature would convene in June, 1879. In the mean- time the governor appointed Bell to be a senator until the new legislature should organize and elect his successor. Carpenter contended that Bell had no right to a seat ; that the governor possessed no power to appoint a senator at the end of a regularly expired term, and that the old legislature was x\o\. functus officio until the day fixed for the meeting of the new legislature, although the members of the new body might have been elected six or twelve months before. He demonstrated with more than ordinary conclusiveness that Bell could not be constitutionally seated, for the reason that the old legislature was in existence at the end of Wadleigh's FIGHTING THE MEXICANIZERS. 42I term and should have chosen his successor, and because .rovernors have power only to temporarily till such vacancies Tn the United States senate as " happen " durinrr a recess of the legislature "by death, resignation or otherwise" — meaning vacancies unexpectedly occurring between the beginning and end of some regular term that had been, by the legislature, regularly filled. Mr. Bell, however, received his seat, but during the next session of congress Carpenter presented a bill intended to forever debar from the future controversies of this kind. FIGHTING THE MEXICANIZERS. The democratic party, it must be stated here, had a ma- jority in both houses of congress. The leaders were dis- satisfied because the previous senate, after a lengthy and exhaustive investigation of the contest between Wm. P. Kel- logg and H. M. Spofford, chosen by rival legislatures to represent Louisiana in the United States senate, decided that the former had been duly elected and was entitled to a seat. They therefore, having the sheer power of a partisan mijority, determined to re-open the contest that had by an- other senate been regularly and conclusively settled, drive out Kellogg and admit Spoflbrd. On this extraordinary proposition to Mexicanize the senate Carpenter delivered two arguments that will be referred to forever as settling the doctrine of res adjadicata in that body. In opening, he de- posed that he laughed on first hearing that the majority pro- posed to assail the seat of the senator from Louisiana, for " bad as the democrats had shown themselves to be," he " could not believe they would undertake anything so utterly revolutionary and so entirely unparalleled in partisan atroc- ity." He contended that Kellogg, having been admitted after a full and fair investigation, had a stronger title to his seat than any other member of the senate, the usual custom being to swear in senators on prima facie cases without in- vestigations. 422 LIFE OF CARPENTER. Kellogg's case, therefore, was res adjudicata — settled for- ever, beyond any power to re-open or reverse it. Other- wise, he said, every republican senator in the chamber could be expelled whenever the democrats might have a majority. He held that the senate, in determining who should consti- tute its members, acted in a judicial capacity and under the constitution, and its judgment, as in the case of impeach- ment, or like that of the United States supreme court, not being reviewable, was final and irreversible. " Otherwise," to use his exact words, "this absurd result follows: The senate, which under the constitution has the right to settle this question, never could settle it; * * and there is not a seat in this body that could not be taken away upon such a principle." Senator Hill, of Georgia, was the chief advocate of the scheme to re-investigate Kellogg's title to office, and with him Carpenter held his principal controversy. He drove Hill irresistibly before him, showing by the history of all nations how untenable and unnatural were his propositions. Hill finally intrenched himself behind the seductive and glit- tering sophism that " nothing could be settled until it was settled right," and renewed the attempt to unseat Kellogg at the next session. In arguing against this proposition, as ad- vocated by Senators Hill, Eaton, Thurman and Vest, Car- penter eclipsed many former efforts. He showed, by the decisions of three hundred years, that even the errors of a court of last resort do not affect the validity of its decisions nor give the prerogative of a reversal. The judgments of a court of finality must always, right or wrong, stand, else there could be no end of strife. His illustration was this: Judges have been impeached for judicial corruption ; but there is not an instance in the judicial history of the world of a judgment ever reversed on that ground; and why? I go before a judge on the bench to-day, and say, ♦'Your predecessor last year was corrupt, and rendered a judgment influ- enced by bribery; I want you to reverse it;" he is satisfied this is true, and reverses it. The other party comes back to his successor and says : " I got a judgment before an honest judge, but my opponent came next year to SHIELDS AND WEBSTER. 423 a dishonest judge, and bribed him to reverse the honest judgment; I ask you to set it back again." He would be jusliiied in setting it back. So* question could never be settled. He furtlier illustrated the fallacy of Hill's proposition by showing that if a man should, after having been admitted to a seat in the senate, be turned out the next year, because it was supposed evidence showing he was not a citizen of the United States had been discovered, he must be re-instated, if, in the third year, it should be discovered the evidence of the second year was false, and he really had been a citizen all the time; and so on ad infinitum. In closing, he made an appeal to the democrats, which must have had efTect, for they followed Carpenter's and not the advice of their own- leader, Ben. Hill, and left Kellogg undi-sturbed: Now I beg that the senate shall not, in this temporary eclipse o. re- publicanism, suffi-r a degradation never charged upon it before. Let us have one place where law can be heard and be respected. Let us have one place where justice, without compulsion, without being strained, as thej say mercy is not, is administered, and where political majorities have noth- ing to do with such questions. Not a fact has transpired since Kellogg was seated except that the political majority has changed. Let us decide this case so as to give to the whole country the assurance that the mere chang- ing of political sentiments of members in this chamber does not change the principles of action which govern the senate when it acts in a judicial capacity. SHIELDS AND WEBSTER. After the death of brave old General James Shields, a bill was presented authorizing his pension of $ioo per month to be continued to his widow and children, and it was proposed' to amend it by providing also a pension for the widow of Colonel Webster. He made a short but resounding speech in favor of separate bills, declaring he wanted, when he did a handsome thing, to do it in a handsome way, and objected to having any law on the books that would look as though it was passed by means of log-rolling or a combination; "but let it appear that each man's name carried the pension to his own posterity." Thus the bills passed. 424 LIFE OF CARPENTER. A NATIONAL DISGRACE. Early in this special session Carpenter renewed his efforts to strengthen the judicial system and simplify and facilitate the administration of justice. His great knowledge of the prac- tice in all the courts rendered his efforts effective, and he had the sympathy of judges everywhere. He was particu- larly anxious to secure the co-operation of the senate on a measure to reconstruct a jury system for the federal courts. Referring to this very important matter, which is still a judi- cial scandal, on June i6, 1879, he said: There is no such thing as a trial by jury in any federal court that I know of. In our country it is a trial by the marshal and the clerk, who can con- vict or acquit any man they please by packing a jury. Our whole system of criminal jurisprudence in the federal courts is a disgrace to the nation. The theory adopted for compensating United States district attorneys is simply a scandal ; it is offering a bribe to them to produce convictions. We pay them, I believe, about $250 per year salary, and then give them so much for every fellow they can convict, and a smaller sum for an acquittal. In other words, they are bribed to convict a man if they possibly can. During his previous term in the senate he had tried in vain to secure a writ of error in criminal matters from federal courts to the United States supreme court, and in the speech trom which the preceding extract is made he thus referred to that subject: We have in the federal courts no perfect system for administering criminal justice. A man maybe sentenced in Oregon by a district (federal) judge for murder on a judgment notoriously erroneous; and yet, strange to say, there is no way whatever by which to reverse that decision. A man may come to the supreme court of the United States to try the title to his farm, if it be 01 the value of $5,000; but if nothing but his life is at stake, no writ of error shall be allowed, no appellate court shall hear an exception, no writ of error shall be issued under any circumstances. All that is simply disgraceful. He closed by begging the lawyers of the senate to join with him in working out a remedy for these judicial idiosyn- crasies, but each having his own ax to grind, they could not then be induced to comply with his request. Had he lived, FREE RIOTS ON ELECTION DAY. 425 however, there can be no doubt that he would have succeeded in this undertaking. SEA-SICKNESS IN WASHINGTON. In making appropriations for the army, and especially in formulating regulations for the United Suites Military Academy, Carpenter's knowledge and advice were particu- larly valuable. He offered the clause to the army bill which repealed all laws preventing promotions in the regular army, and carefully watched the military school at West Point. He made no pretenses, however, in regard to the nav}-, and when, during the discussion, Senator Withers questioned him on this subject, he threw the senate into a roar by the reply, " I know nothing about the navy. I never sailed. I am sea-sick when- ever I pass the navy department." FREE RIOTS ON ELECTION DAY. By far the strongest speech of this session was that by Carpenter against the fifth clause of th5 army appropriation bill, which declared that " no money should be paid for the subsistence, equipment, transportation or compensation of any portion of the army of the United States to be used as a police force to keep the peace at the polls at any election held in the United States." The apparent viciousncss of this clause, from the standpoint of one who loved his country more than his part}', and sin- cerely desired honest elections, brought all of Carpenter's splendid powers into full play, heightened and intensified by the indignation he could not conceal. To him the bill was an unmasked attempt to render the government powerless to protect the ballot-box from those barbarous outrages which had rendered southern politics a reproach to free institutions and southern elections the very essence of traves- ties and tragedies. He held that under such a law the Pres- ident could not, as the constitution provides, send the army 426 LIFE OF CARPENTER. to quell any disturbance or riot at the polls, even when called upon by a state in the usual way. Although the measure was craftily worded, he said, in order to inveigle the President into signing what might t© him have the outward appearance of innocence, it was in reality the most dangerous assault upon the purity of the ballot-box that had ever been attempted in a free country, and the courts, if called upon, would so construe its intent, " for (using his exact language) at the close of the last session it was openly declared in this chamber that the power of the President to employ the army to keep the peace at the polls must be given up or no appropriations would be made to carry on the government. This compelled the extra ses- sion." As he progressed, gathering strength as he entered deeper into the iniquity of the subject, the opposition could not keep silent under the tremendous destruction of his fire and his bolts. Senator Hill interrupted with a suggestion as to what constituted real loyalty, and informed him of the ways in which the government could be broken up. This was an unfortunate moment for the southern senator. Carpenter turned upon him with spirit, saying he always listened with reverence and attention to that teacher who was most famil- iar with the subject in hand. He therefore admitted the great qualification of Mr. Hill to instruct as to what would break up the government, for he had voted for secession, voted for the ordinance which took Georgia out of the Union, was one of Jeff. Davis' chief advisers, and for four years had his hands on all the springs and did all in his power to destroy the government of the United States. This terrible blow, whose force is but slightly indicated here, struck and disabled so many of the advocates of free riot on election days that for a time it dazed and entirely silenced the opposition, Each interruption had brought from Carpenter a more effective and disastrous sally, until FREE RIOTS ON ELECTION DAY. 427 the free rioters became glad to hold their peace and give unobstructed sway to his arraignment. Before closing he made an argument to show the total unconstitutionality of the bill under section 2 of article 2, and then said: What look has this bill on its face? The President of the United States may use the money appropriated to clothe, equip, transport and compensate troops to keep the peace everywhere in the nation on three hundred and sixty-four days of the year, but one day in the year riot shall have full sway; one day in the year the administrative police force of this nation shall be manacled. It is said every dog shall have its day, and the demo- cratic senators have made up their minds that riot shall have its day, and that that day shall be the election day. All the unruly elements of society, all desperadoes and scoundrels have notice that election day is to be their carnival ; and the national power shall not be permitted to oppose or resist them. Why will our democratic friends insist here that, on that one day of the year, no military force shall be called out or used to put down riot and rebellion, and the confusion and violence that may exist at the polls for the purpose of breaking up or controlling an election? Why, with all the charity that a Christian can have for a Christian, there is not a child ten years old that would not answer, because they do not wish to have peaceable elections. There can be no other answer. 428 LIFE OF CARPENTER. CHAPTER XXXVII. A TEDIOUS SESSION. The second session of the forty-sixth congress began on Monday, December i, 1879, ^"^ continued until June 16, 1880. It was long and very tedious to Carpenter, whose health had, in spite of his brave effort to conceal everything, begun to show the marks of decline. He was usually pres- ent, however, and watched all proceedings with his old-time scrutiny. On the fourth day of the session he presented this reso- lution : Whereas, The resumption of specie payments, the circulation of gold, silver and greenbacks as lawful money of the United States under existing laws, and the reasonable expectation that the present condition of the finances of the country will not be disturbed by precipitate legislation, have been tollowed by restoraiion of business confidence, revival of the industries of the country', and the inauguration of general prosperity; and, Whereas, Stability of financial policy is essential to the successful con- duct of business affairs; therefore. Resolved^ That in the opinion of the senate any legislation during the present session of congi-ess materially changing the existing system of finance would be inexpedient. Although the resolution was not formally adopted, it was printed, favorably commented upon by the press of the country, and exerted a wholesome influence throughout the session. THE BROKEN, TATTERED CONSTITUTION. There was hardly a day passed in which Carpenter did not hold up before the senate the constitution, and call the attention of the members to the fact that, notwithstanding its broken and tattered condition, it was still an instrument to be respected and followed in the business of framing laws. When Senator Windom, of Minnesota, moved a resolution THE SUPPLY OF INDIAN WARS. 429 looking to the establishment of a department of agriculture and commerce, Carpenter asked if there vvas any lawyer in the senate who could point out what clause of the constitu- tion afforded power to establish any such department. He received, of course, no answer- When it was proposed to organize a national board of ed- ucation, he inquired what clause of the constitution commit- ted the educational interests of the country to the keeping of congress; and later, desired Senator Kernan to inform him where the authority to provide for an international exhibi- tion in New York, resided. Kernan replied that he did not wish to argue the case, whereupon Carpenter said: We are going on here day after day under a written constitution, violating its provisions, until we get so accustomed to it that no man wants to take the trouble of explaining the necessity or propriety of it. This is a very small matter, but still it is in violation of the constitution, it is debauching the public mind, debauching the conscience of tiie senate, and ought not to be done. Senator Hoar asked if other thincrs had not been done without the permission of the constitution. Carpenter re- plied: It is a very easy thing to justify any action that congress wants to take if it is a sufficient justification to say that congress has done such a thmg. I do not know where would be the limit of our power, if we can first do a thing, and then next day justify the action because we did it the day before. THE SUPPLY OF INDIAN WARS. One of the peculiar and ingenious, as well as just, meas- ures reported by Carpenter^ was that imposing unusually heavy fines on white persons who should steal or embezzle from Indians. The senators from those states bordering on or containing Indian tribes ollered every conceivable objec- tion to its passage, for the reason, Carpenter intimated, that it would cripple, if not entirely destroy, one of their principal industries. The bill, he said, was " for the purpose of cutting 1 Drawn originally by Senator Saunders. 430 LIFE OF CARPENTER. off the supply of Indian wars." Nearly all Indian outbreaks, he maintained, were provoked by white men. The Indians had laws for punishing their own criminals, but they could not reach the principal rascals, who were white men. A very interesting debate sprung from this measure, for the reason that Ingalls and other senators raised the objection that all Indians born in the United States were, under the fourteenth amendment, citizens thereof. The fallacy of this reasoning was quickly illustrated by Carpenter. The United States can not make treaties with its own citizens, but it can enter into treaty agreements with " other nations and with the Indian tribes" — the latter being guast- nations; there- fore, Indians holding and living under tribal relations are not citizens of the United States. When a bill was pending authorizing the purchase of nine hundred acres of land in Texas for Fort Stockton at $i8,oooj Carpenter was the first senator to point out that the price was outrageously unjust, as but a short time before the land was sold by the government for $1.25 per acre, and that the scheme to purchase it back at $20 per acre was evidently a job. When the resolution to destroy the legal-tender power of greenbacks came up, he did not support it. It is scarcely necessary to record that the measure was defeated. FITZ JOHN PORTER. The great speech of this session was delivered March 6th by Carpenter against the bill for the relief of Fitz John Por- ter. Under a military order signed November 27, 1862, Gen- eral Porter was tried for insubordination and disobedience by a court-martial consisting of Major- General David Hunter, Major-General E. A. Hitchcock, Brigadier -Generals Rufus King, B. M. Prentiss, James B. Ricketts, Silas Casey, James A. Garfield and U. B. Buford, and Brevet Brigadier-General W. W, Morris, with Colonel J. Holt as advocate-general. By that court he was sentenced " to be cashiered from the FITZ JOHN PORTER. 43 1 army, and forever disqualified from holding any office of trust or profit under the government of the United States." The sentence was approved by President Lincoln January 19, 1863. The measure, against the passage of which Carpenter put his strength, provided that the President might set aside and amend these iindings and " restore Porter to all the rights, rank, title and privileges which he would have had if there had been no court-martial." » It is well known that all soldiers, especially the graduates of the United States Military Academy, are bound together for life by those hardy bonds which are not less strong and hardly less tender than family ties. They are, under common circumstances, brothers everywhere, and defenders always of each other. The fact, therefore, that Carpenter and Porter were students together at West Point renders doubly inter- esting the conspicuous opposition of the former to the abso- lution and restoration of the latter, and shows that when a great principle was at stake Carpenter could not be swerved by comrade-courtesy or the ties of friendship from doing fear- lessly and energetically what he believed to be right. Against the passage of this bill he contended with sturdy power and intense earnestness. He showed so clearly and conclusively that congress was utterly powerless to interfere with, set aside or amend the sentences of regularly organized courts, that no one attempted to answer or controvert his propositions. There was no earthly authority, he said, save that invested in the President to grant pardons, that could reach in a regular and legal way the case of Porter. Con- gress could no more set aside the verdict of the court that cashiered Porter than it could declare that verdict insufficient, and condemn him to be shot. No one could claim, he showed by abundant authority, that congress had power to say Porter was insufficiently punished, and thereupon sentence him to be shot; and, conversely, congress was absolutely without power to say the sentence was unjust or too heavy, and thereupon relieve him from its operation. 432 LIFE OF CARPENTER. He entered upon an exhaustive exhibit to show that courts- martial are legal and regular, and as completely beyond the baleful interference of congress as any other courts in the land, and that no senator could vote for the pending bill with- out violating the constitution and violating his oath of office. It was in truth a mighty speech, the force of mere extracts from which is weakened and destroyed by being separated from their surrounding supports and bulwarks. As a legal argument it was not simply incontrovertible, it was absolutely unassailable. As an assault upon the enemy it was irresisti- ble, victorious. It whelmed the advocates of the bill like a flood, swept them down like an avalanche, yet he indulged in no eloquence until the close: Mr. President, I have no feeling against Fitz John Porter of any kind. I was with liim a year at the academy at West Point. I had always es- teemed him until this affair occurred. In all his former history in the army, no man ever questioned his courage, no man ever questioned his devotion to the flag. He stood high ; he performed his duty well, and was entitled to praise and credit, and had it too from all sources; he was brevetted for gal- lant conduct, but as the senator irom Illinois well said yesterday, those things become aggravations oi his offense under the circumstances of this case. The testimony here, which I have examined pretty fully, convinces me, not that Porter was disloyal to the Union, not that Porter meant that the south should succeed in breaking up the government, but he was devoted to McClellm; McClellan was the idol of his heart and the star of his hope. He wanted to see McClellan succeed first. He wanted to see our cause prosper, but he wanted McClellan to lead us to victory. He was the man to whom he was attached, the man on whom all the affections of his heart seemed to be centered ; and it was bitter as death to him when McClellan was supplanted in command and succeeded by a man for whom he seems to have had great contempt. That was the fault and caused the fall of Fitz John Porter, who, like Lucifer, fell, never to rise again. Wh^, look at the offense of which he has been convicted — and I think the testimony sustains the finding of the court. There a battle was raging, upon which the fiite of this nation might be depending. Orders were is- sued to him again and again, which he disregarded; which he flatly dis- obeyed; and when, finally, in obedience to the positive order to come and report on the battle-field to Pope in person, he did come up, he came up, as it is said, without one of his brigades, and so tardily as to show that he had no wish for Pope's success, and no desire to obey the order. Why, FITZ JOHN PORTER. 433. Mr. President, life depended on his obedience — the life of an army, per- haps tlie lite of a nation. If General Porter should n;o down the avenue to-day and kill a man he would be indicted, tried, sentenced and hanijed — life for lifj. Upon this admeasurement of jujttice, wh:it shall be done with a nian who, by his criminal conduct, sacrificed the lives of twenty thousand soldiers? The battles rendered necessa^ in consequence of his neglect of duty, but for which we would have had a victory on the first day, as the senator from Illinois stated yesterday, resulted in tlie loss of about twenty thousand m^n. Upon this principle of admeasurement, if Fitz John Por- ter had twenty thousand lives, they were all forfeited to the state. The people of my own state, I know, felt it keenly. The loss fell heavily upon us. What was called the "Iron Bri<^ade " in the Army of the Po- tomac was mad." up of three Wisconsin regiments and one Irom Indiana, I think the Nineteenth Indiana, as brave a body of men as ever tfod a bat- tle-field ; a body of men who, for heroism, for endurance in the privations of war, and for soldierly bearing and conduct everywhere, would not suffer by comparison with the Old Guard of Napoleon. In one of the battles of that campaiijn, this briijade lost, in killed and wounded, one-third of its numbers. This was before Porter's disobedience of orders; but as the cam-- paign was turneJ from a success to a defeat by Porter's disobedience, all their lives were sacrificed in vain, which otherwise would have been a part of the pr ce p.iid for the success of the campaign. Every train of cars that penetrated the interior states for months afterward came freighted with the sacred remains of our slaughtered soldiers. They were piled up at railw.iy stations like merchandise. They sleep now in the graves that dot every high hill and every green valley in Wisconsin. Our people will not soon for- get Fitz John Porter. They will never forgive him. They would not soon forget me, and never forgive me, if I should stand here as their representa- tive and vote to put Porter back Avhere he would have been if he had not committed this unspeakable crime, and pay him all that he would have had if he had remained in the service and served his country faithfully. Queer things are being done these days. This thing may be done by the senate. It will not be done by my vote. Were I to vote for this bill I should fancy that the tears of widows and orphans were moistening the dust at my feet; I should imagine that the disembodied spirits, the frown- ing shades of twenty thousand soldiers, slaughtered in vain, were muster- ing in this chamber to scourge me from my seat. Nevertheless, Mr. President, God's will be done. It may be that even ihis last travesty upon justice is neces>-ary. They tell us that whom the gods mean to destroy they first make mad. It may be, although it seems impossible, that the dem- ocrats are not mad enough yet to insure their total destruction. This last act may be needed to convince the American people that, to insure a proper discrimination between virtue and vice, to fix the proper ban on disloyalty 28 434 "LTF-R OF CARPENTER. *nd hold rebellion in check, we need in the White House once more the steady hand, the cool head and the patriotic heart of U. S. Grant. 1 The closing of his speech was followed by such an ova- tion of applause as had rarely been heard in the senate chamber. The principles laid down in it have since been regarded as conclusive against the right of congress to inter- fere with the regular judgments of legally constituted courts. Carpenter had sat two days out in listening to the argu- ifnents on the case and expected to speak after Logan; but too ill to proceed, he asked the senate to adjourn. That night he could not sleep, and early on the following morning sent for Dr. Baxter. When the physician arrived Car- penter inquired: " How am I?" Baxter shook his head. Carpenter then said he was about to speak at length in the -senate, and asked for a strong anodyne. The phvsician re- fused to prescribe it, but told Carpenter he must not speak. " If you do," he said, " I shall not be responsible for your life." The reply was that Porter's insubordination and disobe- dience was at the cost of hundreds of lives as dear and val- uable as his own, and he should go ahead, deeming the cause 'sacred and worthy of any sacrifice. With Baxter's gloomy warning ringing in his ears he sent for a prescribed nervine, swallowed thirty drops of it and started for the senate cham- ber. He begged the escort of his law partner, who, waiting in the cloak-room until the hour for the speech arrived, again poured thirty drops of the assuaging draught. Carpenter drank it and began his memorable address. If this is not the bravery of martyrdom, let those who know tell us what it is. A TILT WITPI BLAINE. It was during this session that Carpenter had his famous tilt with James G. Blaine. A controversy had arisen between 1 Just three years from this time General Grant completely changed his position on the merits of Fitz John Porter's case, and wrote an article in the North A/nencaa ,/?ev.iejv advpcntlng the annulment of his sentence. A TII-T WITH BLAINE. 435 the temporary presiding officer, Mr. Rollins, and Blaine. It had progressed for some minutes when Carpenter jocosely remarked that he was unwilling to have such a grave ques- tion pass into histor}' without liis name being connected with it. He then, from his experience as a presiding officer, very clearly explained the question at issue, his conclusion being on the side of the chair. Apparently nettled, Blaine at once turned his attention from the real controversy, and made a spirited assault upon Carpenter. He announced, with some bravado, that he had been very fvirtunate in not entering the senate while Carpen- ter was presiding " with such absolute and reckless disregard of the common and ordinary rules of politeness." Carpenter did not notice the apparent anger of Blaine, but replied with his usual mellow jocularity, setting the senate off' into laugh- ter. He then went over the ground again, to convince Blaine, if possible, that the ruling of the temporary presiding officer was in strict accordance with good usage and settled principles, and that the discomfiture of the senator from Maine was wholly unwarranted. He closed, however, with a seasoning of sarcasm, referring in pretty plain terms to the insolence of his assailant. Blaine's argument, as appears in the Record, was principally one of sharp words, while Car- penter quoted general principles, numerous decisions, and high references. By these means, it may be said that, if he did not silence Blaine, he compelled him to desist. But, unlike Carpenter, Blaine remembered tlie rancor of the day, and two weeks later, during the heated discussion on the distribution of the Geneva award on the Alabama claims, carried it again into the public proceedings of the senate. Again the Record shows, though the harshest feat- ures of the wordy 7nclcc were eliminated before publication, that Blaine was not wholly without fault. He read what Carpenter regarded as a mysterious doc- trine concerning the case, in support of his position. Car- penter inquired: " What does the senator read from?" The 43^ LIFE OF CARPENTER. reply was that it was " from a document." Carpenter put forth the query: "A document from the departments?" and Blaine replied that he was not compelled to tell what he read from. This skirmish brought a renewal of the battle with increased fury. Carpenter charged Blaine with having pur- posely brought it on originally without cause, exclaiming: " My experience has taught me never to encourage and never to decline a row — never to make a personal assault upon any one. I have learned that when one is made upon me to repel it as well as I can. When a man treats me in- solently, I reply in the same vein as near as I can." The affair then fell into a rapid whirl of savage cut and thrusty in which finally Carpenter compared Grant's high priiise of the labors of the American members of the Geneva arbitrators with the leer of Blaine, who had declared that they "hustled up through the bushes into the mountains, went into, a cave, chalked on a barn door, split the difference, and awarded fifteen and one-half millions." Blaine then began to parry with some abstract praise of Grant, whereupon Carpenter begged him to desist, else he would surely ruin the great general. Just how the matter would have ended no one can predict, if Thurman, with an exceedingly happy tui n, had not interposed at this point " that, as the two sen- ators had set themselves right on the third-term question, the regular order should proceed." Thus, the intense interest of the senate in the contest between these two giant debaters was turned instantaneously into laughter. It may now be properly stated that at that moment Blaine was a candidate for the presidency and Carpenter a strong advocate of a third term for Grant. These things being well known, and the ability of the two men being a matter of common fame, it can excite no wonder to record that the senate chamber filled to its utmost capacity with distin- guished people anxious to witness the skirmish. In close con- nection with this relation, it must be stated that there was no break in the friendly relations that had always existed be- THE GENEVA AWARD. 437 tween Carpenter and Blaine in their social intercourse, and a few days later the two joined hands in a tremendous battle against the attempt of the democrats to unseat W. P. Kel- lotTiT as a senator from Louisiana in a manner already re- corded. That man must indeed be great who is above petty hatreds and revenge. THE GENEVA AWARD. The most weight}- though not the most popular speech de- livered by Carpenter at this session was that on the distribu- tion of the Geneva award. He held that as the award at Geneva had been made upon the array of iiulividual claims (set forth in detail under oath) laid before the conmiission, the aggregate of those that were considered valid being equal to the amount decided upon as due from Great Britain to the United States, there was no just and honorable mode of distribution except to those individuals upon whose losses the judgment had been founded. Senator Blaine and others held that the insurance conijia- nies whose claims were allowed, and to liquidate which a sum of money was set aside by the Geneva arbitrators, should not receive any of the award in the distribution being made by the United States government. Carpenter contended to the con- trary, fortified by all the terms of the so-called Alabama treaty under which the award was made, by all the minutes and proceedings of the arbitrators, and by all the official circulars sent out by our own government in making up a case against Great Britain. His opponents merely contended that the award was a national one, made simply in the abstract for injury to the federal government, and that the cash thus ob- tained could be divided by congress in any way it might elect. This theory Carpenter combated by something more than mere argument and sound logic. He showetl that the claims presented in the name of the United States as a na- tion amounted to $3,400,887, while those of individuals ag- gregated $19,021,428.61. Great Britain objected to the 438j LIFE OF CARPENTER. so-called " indirect claims " of the general government and they were all abandoned, so that the award was finally made " solely on the claims for individual losses as made to the ar- bitrators at their own request." Not only this, but one of the arbitrators informed Carpenter and Mr. Pierce, of Massa- chusetts, that the award was made on the claims of the underwriters, and Carpenter declared that with all just men the irresistible conclusion must be, that as the award was made upon a certain list of claims (including those of the in- surance companies) the distribution could only be equitable when It liquidated the losses enumerated therein. RED TAPE. Toward the close of the session Carpenter made a brief speech against the obnoxious system of red-tapeism in vogue in the departments, that might stand as an axiom, for it is as true to-day as it had been for years before his utterance. He protested against it on the ground of public policy, saying the great maxim of " honesty is the best policy " applied to nations as well as individuals: I have for many years wondered that any man out of a lunatic asylum would make a contract with the United States upon any subject whatever. He certainly subjects himself, his fortunes, all he has, and all he hopes to get in this world, to the will and pleasure of congress, or to the arbitrary will and pleasure or the hatred and malice of an executive officer in one of these departments. He then related that whenever A. T. Stewart " sold any article for the White House, when he sold to the United States of America," he invariably added twenty per cent, to the usual price to cover the expense, trouble and delay of passing his bill through the interminable red tape of the de- partments. PURE ELECTIONS. Shortly before adjournment he offered an iron-clad bill of some length, intended to preserve the purity of the bal- lot-box. It provided that any person convicted of intimida- PURE ELECTIONS. 439 tion, bribery of bull-dozing; of offering, depositing, procuring or counting an unlawful ballot; of creating or participating in any election riot or disturbance; of unlawful registration or any other offense mentioned in the act, including political mur- der, should receive a more severe punishment than had ever before been provided. lie fought for this measure section by section and clause by clause, but the democratic majority made it impossible for him to pass it. Among the special matters upon which Carpenter set his* heart was that of obtaining an increase of pension for Com- modore \Vm. B. Whiiing, of Milwaukee. Whiting had been for many years unable to leave his bed except by the strength of others, and Carpenter devoted a large amount of labor to overcoming the obstacles in the way of obtaining an increase. He was determined to make the old naval of- ficer, who had been disabled a quarter of a century, comfor- table, and, after several years of effort, was successful. ,440 LIFE OF CARPENTER. CHAPTER XXXVIII. CLOSING LABORS. The third session of the forty-sixth congress began Decem- ber 6, 1880, but Carpenter was, for the first time, not in his seat. The pubhc had been informed that he was in poor health, but, although he did not appear in the senate until December 13th, he was so buoyant and hopeful that it was not supposed he could be in a precarious condition. And if any such idea had previously been entertained, it was for the time entirely dispelled, when, on the day he took his seat, he renewed his opposition to the bill proposing to restore to the army Fitz John Porter. He was pale and thin, but his manner was vivacious, his e3^es bright and luminous and his mind clearer than ever. On January 7th, when the consular and diplomatic appro- priation bill was under discussion, he objected to setting aside $9,500 for the care of prisoners and $1,500 for rent of jails in which to confine American prisoners in China, and offered an amendment striking out those sums. His speech on the subject was a revelation and a marvel to most of the lawyers of the senate. It was as clear and con- vincing as any ever heard in the chamber, and contained the last of his long series of appeals to maintain the constitution inviolate. In it he exposed some extraordinary facts relative to the irregular administration of justice by American con- sular and diplomatic agents, not generally known, and cer- tainly not generally appreciated. As it was Carpenter's dying speech, that is, the last he delivered upon earth, the essential parts of it, which are exceedingly interesting, will be herein preserved: I wish some senator familiar with the constitution and who has leisure, -would inform this body what right we have to try a man in China without a judge, without a jury, without any constitutional jurisdiction whatever. CLOSING LABORS. 44I Men are being tried for crimes frequently in Ciiina, Turkey and elsewliere; some have been tried tor nninicr and are awaiting execution, as I am told, and I would like to know, just for the peace of my own conscience as a senator, what authority we have to vote money to keep them in jail until somebody can hang them by judicial murder. The constiiution says that no man shall be tried for crime except upon the presentment of a grand jury. They are in prison now in every one of these countries, Japan, China, and Turkey, and I assert here that they are in pnson there in viola- tion of the constitution ot the United SUtes. Between China, for instance, and the United States a treaty removes all cause of national oHense. China, if it chooses to let us do it, can make no complaint. It we hang our own people and half of hers, it might be a blessing to her as tar she is concerned ; but when you come to our power to do what China is willing we should do, you must point to some provision in the constitution which gives us the right. I have looked thoroughly for it, and I can not find it. I am opposed to this whole proceeding. It has resulted already in China and in Japan in such proceedings on the part of our diplomatic representa- tives there as are simply a disgrace to this nation in the eyes of all nations. A diplomatic representative of the United States on one occasion embez- zled from the United States a large sum of money; he invested it in bonds and mortgages in his own name. He sat as sole judge in his own ( ourt and foreclosed the mortgage in his own name. He ordered the propertv to be sold by the marshal, or whatever officer carried his decrees into elfect. The sale took place; the oflicer appeared at the sale and bought in the property himself. He then went back on the bench and confirmed the sale to him- self Such a thing would have made such a noise in Great Britain that the atmosphere could not have held it; but we have become so indifferent to constitutional provisions, so careless of the fundamental and essential rights and principles of freedom, that these things go on and we sit here and vote appropriations to carry them on, in flat, plain violation of the constitution, of evL-ry principle of Magna C/iarta, of the rights of all men ; and it ceases to excite the least surprise or attention. I concede that if an American citizen commits larceny in China, for which he would be behead d, it is a favor to that citizen to rescue him from the ax and send him to jail for a few months. But it is said that this power is conferred upon the United States ^ the treaty with the foreign nation. Learned senators will see, if they will reflect one moment, th.it the United States can receive no power whatever from a foreign nation. To test this for a moment, suppose we should make a treaty with Great Britain by which we should provide that we would confer titles of nobility upon certain persons in the United St ites. I ask, and that brings the mat- ter to a proper test, does that treaty we have made with England, promising to confer a title of nobility upon some person, give congress the power to do 442 LIFE OF CARPENTER.. what the constitution says shall not be done? In other words, does the treaty-making power, which is a creature of the constitution, override the constitution itself, and enable congress, in pursuance of a treaty, to do what is expressly forbidden by other clauses and provisions of the constitution itself? Therefore, when you come to the right of hanging a man in China for murder, or when you come down to sending him to prison two weeks for murder, when the emperor of China might hang him or behead him, al- though you do the fellow a favor, under what authority do you do it? The senator from Massachusetts says under authority derived from the emperor of China. I deny that the government of the United States can exercise any authority derived from anybody or anything except the constitution of the United States. I deny that the monarch v of Great Britain can clothe us with powers denied to us by the constitution ; I deny that the emperor of China can do any such thing; and although it be to exercise power upon our citizens, I deny that our government, as a government, can do it. If any senator will read the statutes conferring judicial powers upon con- sulate officers, I am certain he will be very much astonished. It is a dele- gation, not only of all the powers of this government, but of the powers of all governments. This consul or minister, who is thus clothed with judi- cial power, is authorized to administer the constitution of the United States, the statutes of the United States, and exercise all jurisdiction at law and in equity, and admiralty and maritime jurisprudence; and when the law falls short, then the common law of England and all of its provisions, and when that fails, the statute declares in express words that he may pass ordinances, which shall have the force of law; and they apply not only to resident Americans who go to China to reside and carry on trade or business, but they apply to every American who may, by chance, or accident, or the wild winds of heaven, be driven upon that shore by shipwreck. If the sen- ator from Georgia, traveling in the east, should be sailing by one of these countries, and, by adverse winds, be blown into the jurisdiction of one of these American consuls, he may find himself confronted with an ordinance made by that consul declaring some conduct of his a crime, which in the United States would be entirely innocent, be arrested and tried by the man who made the ordinance, without a jury, and be sentenced to be executed the next day at four o'clock in the morning. And the senator is about to vote an appropriation of money which, at some future day, may be used to aid in his own arbitrary execution, if adverse winds and waves should waft him into that jurisdiction. I trust no such misfortune will ever overtake the senator from Georgia. But if it should, I fear there are persons malicious enough to smile and ex- claim that it was a visitation of poetic justice upon a senator who had made it possible that such calamity could befall any citizen. In other words, he who had digged a pit for his neighbor had fallen into it himself. THE DISGRACE STILL A DISGRACE. 443 That such a statute could ever have passed congress, and especially that it could have passed when Daniel Webster was in l!ie senate, as I believe it did, is matter of astonishment I must apologize to senators who have charged me with having been on the judiciary committee for several years without having brought for- ward a bill for the repeal of these statutes. I must say, and I say truth- fully, that until within two years I had no more idea that such a provision could be found in any statutes passed by congress than I had that I should be hanged myself by the judgment of a lamp-lighter. I offered the amendment more for the purpose of calling the attention of the sena'e to this subject than for any other purpose; for 1 should like to know how many senators think there is a plausible excuse for continuing an unconstitutional thing. It is said here by some senators that we have done this and that, even conceding it to be all wrong; yet, inasmuch as we have been doing it for some years now, it would be inconsistent to say we will not do it next year; that that would not look well as a part of the policy of a great nation. Well, I am rather inclined to the opinion that when we become fairly sat- isfied that we have been doing wrong for five years, it is manly and proper to say we will not do it next year, nor ever thereafter. If human right is thought to be of any consequence in this congress, we can certainly pAss a bill within the next forty days. So I will stand by my amendment, and see who is in favor of it and who is against it THE DISGRACE STILL A DISGRACE. So Carpenter adhered to his motion to strike out the ap- propriation for the maintenance of illegal courts and jails in China, closing his adjuration for an inviolate constitution and human rights, from sheer exhaustion, in his seat. His motion to strike out was voted down, nearly two to one, and then, weak and sufiering, he at once set about framing a law for the establishment, in all foreign countries in which the necessary permission could be secured, of a system of regular and constitutional courts. But, as though the Fates had set the seal of perpetuity on the disgraceful judicial system of the United States in foreign countries. Carpenter passed from the earth's great senate a few days later, with the books, decisions and documents he had gathered for correct infor- mation as to his proposed law, piled around his dying couch. In fact, after he was forced to his bed for the last time, he 444 LIFE OF CARPENTER. caused these papers and volumes to be put within reach upon the coverlets, and, bolstered up with pillows, proceeded, with feeble hand but with undiminished mental strength and enthusiasm, to correct the evils pointed out in the foregoing extracts from his last speech. But death, which recognizes neither constitutions nor the outrages of consular courts, found the task incomplete ; and thus, unfortunately, it remains to this day. On the 13th of January Carpenter appeared for a short period in his seat, and in a few brief sentences called atten- tion to discrepancies in a petty appropriation bill. Likewise, on the following day, he was present a few moments, and spoke for probably two minutes on the unconstitutionality of a bill to appropriate money for an " International Sanitary Conference." He voted with ten others against its passage, and then voted, on Friday, January 14th, for an adjourn- ment until the following Monday. That was the last time the fascinating music of the voice of Matt. H. Carpenter was ever heard in the chamber of the United States senate. Thus, it may be said, he died with the name of the constitution, which had been his earthly deity, upon his lips. Clay, after long and honorable service, was permitted to retire from the senate with calm farewells, mingling wisdom with tenderness and advice with forgiveness; but Carpenter, like an advancing meteor whose growing brightness had not yet reached its full burst of splendor, suddenly darkled and fell into the abysmal chambers of eternity, leaving missions unended and adieus unspoken. COMMITTEES AND COMMITTEE SERVICE. 445 CHAPTER XXXIX. PRESIDENT PRO TEMPORE. The laurels Carpenter won as an orator, debater and con- stitutional lawyer on the floor of the senate were hardly more creditable than those won as president fro tempore of that body. He was accorded the almost unprecedented honor of being chosen during his tirst term ' to preside, and at once became not only the most popular but one of the most just occupants of that high and difficult position. Schuyler Colfax has said Carpenter was the best presid- ing officer he ever saw. That, as far as opinions have been expressed, was the general verdict of his republican asso- ciates and the cordial judgment of his political opponents. The democrats loved to have him in the chair. He made no partisan decisions either against them or in favor of the re- publicans. He was a learned lawyer, a quick and sound reasoner, not a bitter partisan, a lover of fair play, a possessor of infinite good humor, an expert in parliamentary laws and usages, and a person of attractive and commanding appearance. Such qualities, united with less tact and clearness than Car- penter possessed, would have made him a popular presiding ofilcer. But all these, united with never-ending bonhomie^ graceful courtesy and a healing manner of determining dis- putes, made him in all respects the model president of the highest deliberative body in the Western Hemisphere. COMMITTEES AND COMMITTEE SERVICE. If the secret and arduous labors of the committee-room, which the people never see except in compact and digested results, could be written, then would appear the real states- 1 Dt-'cember 11, 1873, on motion of Senator Anthony, by a vote of two to one in his favor. 44^ LIFE OF CARPENTER. manship, the full learning, the varied anilities and the true service of Carpenter in the senate. During the four ses- sions of the forty-first congress he was a member of the committees on judiciary, patents and revision of the laws of the United States, and gave an enormous amount of labor to each of them. In addition to serving on these committees, he was, during the forty-second congress, chairman of the committee on enrolled bills and a member of the important committee on privileges and elections. In the forty-third congress there was no change in his positions, except that he was made chairman of the committee to audit and control the contingent expenses of the senate. The forty-sixth con- gress was controlled by the democrats; therefore Carpenter had no chairmanships, and, at his own request, served upon but two committees — those on judiciary and foreign rela- tions. Many, in fact more than a majority, of the reports on im- portant subjects presented by these committees during his terms were drafted by Carpenter; and, in addition, by com- mon consent, the duty of making reports for most of the various special committees on which he served also devolved upon him. Some of these constitute most interesting and val- uable contributions to state literature and information; but, unfortunately, they do not find their way out to any appre- ciable extent for the enlightenment of the public. Fre- quently there is a clash between the house of representatives and the senate, and committees are appointed to settle the dilTerences. Many of Carpenter's reports and "views" in such matters, especially as in the case of bills for changing the tariff, where each house clings to certain constructions of the constitution, were, and will always remain, of great value. Some of his reports have been drawn from in their natural order, others may properly be referred to here. The proper relations of the Pacific railways to the government is one of moment and not yet fully settled. In 187 1 he was on a com- mittee " to inquire and report whether the railway companies COMMITTKES AND COMMITTEE SERVICE. 447 which have received aid in bonds of the United States are lawfully bound to re-iniburse the United Slates for interest paid on such bonds before the maturity of the principal thereof, and, if so, what legislation, if any, is necessary to compel such re-imbursement; and by resolution of February 16, 187 1, were instructed to inquire and report as to the right of the treasury department to retain all the compensation tor services rendered for the United States by the Union Pacific railroad and its branches, to apply on the interest of the bonds issued by the United States to aid in the construction of roads." After an exhaustive argument he brought in a report: 1. That the companies are not lawfully bound to re-imburse the govern- ment any interest paid by the government on these bonds until the maturity of the principal of said bonds, except that one-half of the com- pensation for services for the government may be retained by the govern- ment, and five per cent, of the net proceeds of the roads must also be annually applied to the payment of said bonds and interest thereon; and 2. That the secretary of the treasury has no right to withho d from the company more than one-half of the compensation due the company for services performed for the government. There was a time, after the adoption of the fourteenth amendment, that certain states, in order to increase their population and representation in congress and national con- ventions, desired their Indian tribes to be merged into the general mass of citizens, "subject to the jurisdiction of the United States." On this subject, in 1870, Carpenter made a report which still stands as settling the relations between the federal government and the Indian tribes. His argument, though compact, is of greater length than is permissible here, but his conclusion was: That the Indian tribes within the limits of the United States and the individuals, members of such tribes, while they adhere to and form a part of the tribes to which they belong, are not, within the meaning of the fourteenth nmcndmcnt, " sudj'C/ to i/ic jurisiiiciion" o( thu United States; and, therefore, that such Indians have not become citizens ot the United States by virtue of that amendment; and if your committee are correct in this conclusion, it follows that the treaties heretofore made between the United States and the Indian tribes are not annulled by that amendment. ^^8 LIFE OF CARPENTER. On " a bill to further protect the polls in the election of President, Yice-President, and members of congress, author- izing and directing the secretary of the interior to contract with the patentee of the safety ballot-box for the use of polls throughout the United States in the election of President, Vice-President, and members of congress, provided that said power to use and cost thereof shall not exceed the sum of $15 a box," in June, 1874, Carpenter submitted this report: The boK seems to be ingenious in design, simple and cheap in construc- tion, and durable in material. It is made of cast iron and glass, and it is claimed that with it ballot-box stuffing is impossible except with the conniv- ance of" the officers of election and the candidates on both sides. All are aware of the deplorable effects of frauds at the polls, as seen especially in the elections in cities and densely-populated neighborhoods, and of the dangers that menace our 'political future from the same source. Repeating, false counts and ballot-box stuffing are the usual forms of such frauds, and it is superfluous to dwell upon the importance of any device which can prevent their perpetration. This invention promises to put an end to ballot-box stuffing. The elections of electors for President and Vice-President are, however, held under the control of state officers, in obedience to state laws, and con- gress has no jurisdiction over them. The elections of members of congress are held at the satne time as those of state and other subordinate officials, the elections of all of whom are wholly under the jurisdiction of the states. The committee, therefore, deem it inexpedient to go further than to express their approbation of the purpose of this invention, and to recommend to the states the adoption of this or some similar device for the protection of the ballot-box OFFICIAL LUXURIES. Perhaps the richest report ever made by him was when, as chairman of the committee to audit and control the con- tingent expenses of the senate, he disclosed the ancient secrets and practices of that body. He went mousing back through the records and vouchers to the first dissipations or luxuries of congress, namely, those of 1777, and, tracing them down to 1874, discovered that modern wastages or extrava- gances were far below those of earlier years. He found the period of greatest profligacy embraced the twenty years of democratic reign previous to the Rebellion. Until the repub- licans limited each member to $125 for stationery, postage OFFICIAL LUXURIES. 449 stamps, etc., were drawn ad lib., and frequently sold for cash or huckstered for other goods. As those who read pay the taxes, tliree paragraphs from Carpenter's report may be extracted to show in wliat directions, in other years, portions of those taxes disappeared: The attention of the senate was invited, on the 14th of June, 1857, to the unequal amounts of stationery lurnished to senators, and the secretary of the senate was directed to prepare a statement of what was supplied during the thirtv-fourth congress. This statement, with other information on the subject^ was laid before the senate on the 9th of December, 1S58, and showed a great inequality in the amounts of stationery drawn by senators during the preceding congress. The five senators who drew the largest amounts were: Hon. C. F. James, $368.68; Hon. Lewis Cass, $366.18; Hon. Jesse D. Bright, $302.66; Hon. W. H. Seward, $284.78, and Hon. George W. Jones, $254.94. And the five senators who drew the smallest amounts were: Hon. Jacob Collamer, $62.99; Hon. John B. Thompson, $63.85; Hon. John M. Clayton, $64.07; Hon. Henry Wilson, $7359, and Hon. D. S. Reid, $83.45. The average amount of stationery furnished to each sen- ator during the thirty-fourth congress was $123.82; but the senate refused to adopt that or any other sum as a commutation value, and the conse- quence was an enlarged gross expenditure. The fancy articles sold at stationers' shops were purchased by senators for their use or the use of members of their families, and the accounts of those days are bjth exor- bitant and extravagant when compared with those of the present time. Large sums were also expended for the funeral expenses of deceased senators, and in this there has been a decided reform. In June, 1850, the funeral expenses of a deceased senator amounted to $2,760, while those of a senator who died in July, 1870, were $940. The expenditures for stationery during the year i860 (the last vear of democratic sway in the senate) were nearly if not quite three times the amount of what is now disbursed for that purpose, although there were but sixty-six senators. There was no commutation for stationery, but each senator drew what he thought proper, and among the items charged we find " two gold pens and holders," "twenty-four scarf-boxes," "one set in- struments," "six dozen pearl and silver carved pen-holders," '* eight dozen fancy-cut paper-weights," "one telescope," "eight dozen small agate seals," "six dozen cut-glass inkstands," "six dozen small size fancv-cut ink- stands," " three doz.-n hexagon cut inkstands," " four dozen bronze paper- weights," "fourteen dozen Crooks' four-blade knives, silver-tipped," "eight dozen embossed paper-boxes," "eight dozen four-blade buck-knives," " two dozen spring-top inkstands," "three dozen Draper's inkstands," "one dozen screw-top inkstands," "twelve large glass inkstands," " two hun- 29 ^^O LIFE OF CARPENTER. dred and forty-one reams of cap-paper," "one hundred and sixty-four reams of letter-paper," " two hundred and thirty-five reams of note-paper," and " two million one hundred and forty-four thousand five hundred envelopes." The mass of Carpenter's committee work is so great that it can not be examined in detail for the purposes of this vol- ume; hence a halt may as well be called here. All his col- leagues have expressed in writing or public speech the great services he rendered to them, the senate and the countr3\ A dozen words from Thomas F. Bayard in this regard will fairly cover them all: " His facile dispatch of business and his prompt and correct apprehension of all questions neces- «?arily made him a valuable colleague." LOUISIANA — TUMULT AND BLOODSHED. 451 CHAPTER XL. LOUISIANA — TUMULT AND BLOODSHED. In its salient features, perhaps in all respects, the so-called Louisiana case was of co-equal import with the reconstruc- tion of the states that rehellecl and left the Union. In both, the new and unsettled principles to be determined sprung from the very life of the republic, and were a part of the power and right of self-perpetuation and self-government. That Carpenter was right in the reconstruction principles enunciated was declared by the highest authority in the land; that he was likewise right as to Louisiana is now gen- erally conceded, though his party did not vote or side solidly with him. Owing, therefore, to its importance, the subject is treated in a separate chapter outside of the story of his doings in congress, though it might naturally belong in that connection. At the election of November, 1872, the democratic ticket, as the proper officials reported, received sixty-six thousand and the republican ticket fifty-nine thousand votes. Two canvassing-boards were at once organized, in this manner: II. C Warmoth was governor and bylaw the head of the can- vassing-board, which consisted, in activity, of the lieutenant- governor, secretary of state, and two persons named Lynch and Anderson. Warmoth discovered, at the outset, that the board could not be fully controlled by him; so, by an order which was wholl}^ unconstitutional, removed Herron, tlie secretary of state, and appointed in his place one Wharton. P. B. S. Pinchback (the lieutenant-governor) and Anderson, having been candidates at the election, were declared to be disqualified to act as members of the board, and Du Ponte and Match were chosen to fill the vacancies made by such disqualifications. Lynch would not act with this board, but acting with 452 LIFE OF CARPENTER. Herron, who had been illegally displaced, elected Longstreet and Hawkins to fill the vacancies made by the disqualifica- tion of Pinchback and Anderson, and then proceeded to canvass the returns, or such duplicate and scattering ballots as they could secure, for the Warmoth board possessed all the regular returns. By the votes which these two boards proposed to canvass, one Dibble had been defeated for judge by one Elmore by something like nine thousand majority. Dibble was then on the bench, and the Warmoth board began suit before him against the Lynch board, and secured an injunction restraining a canvass of the votes by its mem- bers. One day later, the Lynch board secured from the same judge an injunction restraining the Warmoth board from acting. Four da3's afterward Judge Dibble decided the suits in favor of the Lynch board. On the following day, we must be astonished to know, Warmoth took from his safe a blank election law, passed at the last session of the legislature,' and approved it as governor. This law abolished all former re- turning-boards, and under the constitution of Louisiana gave him power to appoint a new one. This he did without delay, creating the De Feriet board. Warmoth laid the returns before this board, by whom a canvass was made, and Mc- Enery, the democratic candidate for governor, and certain persons named by them as the legislature, were declared elected. In the meantime Wm. P. Kellogg, republican, had been declared elected governor by the Lynch board, and various persons named by them as a legislature were also declared elected. Kellogg filed a bill in equity with Judge Durell, of the United States circuit court, and there obtained an injunction 1 The constitution of Louisiana was so construed that the governor could approve any measure passed by the legislature during a recess of that body, or veto it on the first day of the succeeding session. Thus a governor con- trolling the legislature could secure the passage of laws, to be used in case of an emergency, of almost any conceivable nature, and approve them when- ever that emergency arose. Warmoth's election law was of this nature. ABSOLUTE CHAOS. 453 restraining the Warmoth board and enjoining McEnery from acting as governor. Notwithstanding this order, Warmoth posted a bull declaring McEnery elected, and commanding obedience to him and his associates as the state government. Thereupon Durell issued an order to the United States mar- shal of the eastern district of Louisiana to seize and hold the state-house, known as Mechanics' Institute, and prevent " all unlawful assemblages" therein of persons declared to be elected by the De Feriet or Warmoth board. Upon this order a company of federal soldiers seized and held the state- house, President Grant having ordered the troops to respond to the call of the marshal. Kellogg resigned his seat in the United States senate to as- sume the gubernatorial chair. The two pretending legisla- tures met during the second week in December — the one in response to a proclamation by Kellogg, and the other in ac- cordance with a proclamation by McEnery. The former elected Mr. Ray and the latter Mr. McMillen to till tlve \-a- cancy in the senate of the United States caused by Kellogg's resignation. And thus the case of the two contending gov- ernments in Louisiana came before the United States senate. The Kellogg government, having been set up by the federal courts and recognized by President Grant, was then sup- ported by federal soldiers. ABSOLUTE CHAOS. Louisiana, with these two contending governments, one supported by the army of the United States, was in a state of unqualified chaos. Business was demoralized, the people of the entire commonwealth were in rebellion, and civil war was threatened. Carpenter gallantly defended President Grant from the attacks of the democrats, declaring the Pres- ident had no discretion, when telegraphed that the order of the federal court was being disobeyed, but to command the troops to uphold that tribunal, notwithstanding the fact that 454 LIFE OF CARPENTER. its judge (Durell) in setting up the Kellogg government had far over-stepped his jurisdiction. The Morton faction, comprising a majority of the republican members of the senate, insisted that the Kellogg government should be sustained and Mr. Ray admitted to the seat in the senate vacated by Kellogg. The democrats insisted that, the returns having shown that McEnery received a majority of the votes cast, he should be recognized as governor, and McMillen be admitted to Kel- logg's vacant seat. Carpenter, assuming a different position, stepped into an unoccupied field between the two political parties, and demanded a new election for Louisiana, and presented a bill providing for and governing that election, which was pronounced as near perfect in its safeguards against fraud and corruption as any that human ingenuity could invent. His reasons were that Kellogg held his office by virtue of votes never cast and that McEnery went in through fraud and corruption; meaning, that although the returns showed a majority for the latter, it was secured by fraud, manipulation of the polling-places, and various forms of corruption, and that a fair and free election would undoubt- edly have resulted in favor of Kellogg. He held that if either government were to be recognized it must be that headed by McEnery, for it received a major- ity of the votes actually cast. These votes were canvassed by a board of undoubted legal power — that of De Feriet, appointed by Warmoth under the act approved by him No- vember 20, 1872, which abolished both the other boards, — and his election had been duly proclaimed by the legal governor. He also held that the Kellogg government could not, in equity, be recognized, as it did not receive a majority of the votes cast; the returns were never in the hands of the Lynch board, which declared him elected, and, finally, there was no legal Lynch board, it having been abolished by the approval of the new election law before mentioned. THE WISER REMEDY. 455 THE WISER REMEDY. Having, upon the representations of the court, recognized the Kellogg government, President Grant declared he should, in the absence of any act of congress, continue to uphold it to the end of the term with federal force, if neces- sary. Under this unprecedented condition of affairs, Car- penter urged, with all his power of logic and earnestness, a new election, as the only fair means of settling such a mael- strom of contention, fraud, usurpation, corruption and rebell- ion. In closing his argument, which embraced every fact, decision, act, usurpation, enactment and proceeding in the case, he said: I am satisfied from the testimony that the McEncry government, al- though in fact elected, was nevertheless elected by such gross and all-per- vading fraud as ought to vitiate the election. It is in evidence that the managers of the election threw every possible difiiculty in the way of regis- tration, and purposely established the voting places at inaccessible points in the republican districts, so that, in some cases, voters had to travel over twenty miles to reach the polls, and that this was systematically done throughout the state, for the purpose of preventing, and that it did prevent, a fair expression ot public sentiment at the election polls. For these rea- sons, your committee have not felt themselves justified in recommending recognition of the McEnery government, but have recommended that both- the Kellogg and McEnery governments should be discarded. The Mc- Enery government is the creature of fraud, and the Kellogg government is the creature of fraud and usurpation. Therefore, to recommend a nevr election by the people, it seems to me, is the most harmless course we can pursue — the course least offensive to state pride, and least injurious to state^ rights. Mr. President, I have performed my duty to this business, and will have no more to say about it. I sat with the commitLce, surrounded by an as- semblage resembling a town-meeting, for four weeks. I labored night an* day. I have investigated this matter with an eye single to find out the truth and to put on record a lawyer-like result. I have done the best T could, and I wash my hands of the whole business. If you choose, upon any technicality, to stand back and leave that community in its present condition, if you please to leave it to be torn up by these contending gov- ernments, and to realize all the horror and bloodshed that may follow f|-om^ your silence, the respon>ibility is upon you. There is in that state a large colored population enfranchised by your 456 LIFE OF CARPENTER. act, made citizens by your laws, declared by your constitution and statutes to be entitled to have a voice in electing a governor. Here is the notorious fact that they have not had that right; that their will has been overridden, and that the McEnery government, which appears to be elected by the returns, is a government in utter defiance of the public sentiment. Here are the further facts, too notorious and too apparent, that if you withdraw your protection, stand back, and leave the matter to settle itself, one of two things must follow: bloodshed in that state, in which the colored popula- tion are to be slaughtered like sheep on the streets; or your President must do as he says in his message — he must stand by the government which he has recognized, because the federal courts set it up, and by our party. It is, perhaps, not entirely senatorial to distinguish between the government and the party; but, Mr. President, the fact is that the republican party is an- swerable to the people of this country for the conduct of this business, and we are answerable to our constituents, to our consciences, and to our God, for our part in it. A few lawyers of the senate interposed that congress had no power to order and conduct a new election, as Carpenter proposed. He replied that because such a thing never had l)een done was no reason why it could not be accomplished, and held that any measure or proceeding to restore Louisi- ana to peace, tranquillity and a republican form of government, as the constitution requires, was within the clear power, as it was the clear duty, of congress. He believed congress was compelled to step in and give Louisiana a republican form of government, because there was no state government to order a new election — no power left within the state to right things for herself. A VISIT TO LOUISIANA. He was in earnest in this all-important matter. He believed the great political wound in Louisiana could not be seared over by partisan caustic, but must be treated and cured by the eternal principles of right and justice. Therefore, in May, eight weeks after this discussion, he proceeded to that state for the purpose of learning, by personal observation and contact with the people, all there was to be known concern- ing the rule of anarchy within its borders, and whether he was pursuing a satisfactory and correct course in his official A VISIT TO LOUISIANA. 457 attempts to restore peace and order. Wliile there, he ad- dressed, somewhat informally, the colored citizens, submitting to a long cross-exatnination by the leading freedmen of the state. The interview was, so far as he was concerned, full of spice and spirit, and subsequenllv, when published, attracted a great deal of attention, by reason of the radical if not start- ling theories advanced by him. The colored people were dissatisfied with his efforts to secure a new election. They trembled with terror at the slightest whisper of the word election. During the six vears previous over live thousand of their people had been shot like dogs, and thousands more had been scourged with lash and fire, chased by bloodhounds into the swamps, or cut off from earning a livelihood by the ku klux klans, white leaguers, regulators and other demo- cratic political organizations, because they voted the republi- can ticket. With these scenes of suffering, horror and blood still fresh before their eyes, the colored men pleaded with Carpenter in the name of heaven to send them no more elec- tions, but to send an abundance of federal troops to uphold the Kellogg government, which Judge Durell had pretended to establish, and w^iich for that reason President Grant had recognized as the lawful government of Louisiana. These appeals sorely tried Carpenter. They precipitated a struggle between his great heart and his well-settled judg- ment. The unspeakable suffering of the freedmen had fully captured his sympathies — his l"i.eart had gone over to the colored men, but his judgment as a lawyer, statesman and senator remained wedded to the theory that the dilliculty could only be justly settled for all time by a new election or- dered and conducted by the federal government. The colored men, however, could not be brought to his way of reasoning. They declared that under the fourteenth and fifteenth amendments and the enforcement act, the freed- men must be protected in their rights, and that troops suffi- cient for that purpose should be sent to Louisiana. He 458 LIFE OF CAIU'ENTER. explained that these additions to the constitution and the en- actments in pursuance thereof simply gave the black man all the rights and privileges possessed by the white man, and provided civil remedies and penalties for any deprivation of them. Those laws, he said, did not make the black man the particular ward of the government, did not place him in a favored position, where he was entitled to first consideration, did not give him more rights, claims or privileges than the white man, but simply made whites and blacks equal before all the laws and all the courts, equal to defend themselves against the assaults of each other. He declared the black men must come out from under the destroying reign of terror that was holding them down, throw off the whelmincj awe of the white man that rested like an incubus on all their eilorts and desires to advance, and, under the great law of self-defense, that is above all consti- tutions and decrees, meet the white man sword for sword and blood for blood. THE MOSAIC LAW. This may fall as a startling doctrine upon those who never saw the black man's humble home in ashes, his mule shot or maimed and his little crop laid waste, or never passed through the southern glades at election time to find here and there, riddled with bullets, the corpses of freedmen who would not vote as the white man had ordered. In this connection noth- ing less can be done than to append a portion of the cross- examination of Carpenter heretofore mentioned, according to the report of a stenographer present, as follows: Mr. Ingraham — There have been over five thousand men murdered in this state since 1865, for no other cause on God's green earth but their attachment to the republican party. They have been hunted through field and flood and sliot down for no other reason. Mr. Carpenter — That is a thing which no government can entirely pre- vent. A government can pass laws and declare it shall not be done, and punish the men who do it when the}' are convicted, but self- protection is an individual right. If a man took after me because I was a republican I should carry a revolver, and the first man that took after me should get ADDRESSING THE DISCORDANT ELEMENTS., 459 the first bullet. The government could not protect me. I should draw a revolver upon him. Why should not you? Mr. Tucker — If we did it would be called "a war of races." Mr. Carpenter— I am inciting no war of races. Whetlier the man who came after me was a white man or a colored man I should shoot him, and I advise you to do the same. In the course of further discussion, Mr. Carpenter again urging a new election as the best thing for the republican party and for the state at large, Mr. Ingraham replied that a new election would bring into play the new arm of the south. Since the surrender at Appomattox a new arm had sprung up. The sons of the men who had died in the confederate cause were to-day leagued together all through the south, and especially in Louisiana, to ac- complish at the ballot-boxes what their fathers and representatives failed to accomplish in the battle-field, and that was to overawe and crush the Negroes throughout the southern states. Mr. Carpenter — Suppose the colored men in these states should band together to put down the white men? Mr. Ingraham — We are not going to do that. Mr. Carpenter — Suppose you should? Suppose twenty thousand col- ored men in this state should meet in convention and pass a resolution that no white man should hold an office or vote. What would the white men do? What you have to do is to knock your people out of this awe of the white man. Mr. Ingraham — How ? Mr. Carpenter — Stand right up to him, and, if he insults you, knock him down. Mr. Ingraham — But knocks of that kind would prejudice tlie whole people against us. Mr. Carpenter — Don't you think the whole power of the government is enough to sustain you? We can not protect your individual firesides. If a black man came to murder your babes you would kill him, would you not? If a white man comes for the same purpose, kill him. Mr. Ingraham — We admit the truth of all this, and it ought to be done, but in our present relations, when we have the law and the courts for pro- tection, we do not rely upon ourselves. Mr. Carpenter — That is just the idea I am trying to get at. If you in- sult a white man, he kills you. If a white man insults you, you run to the courts; don't you do \hi\i, j ust ffo for him. ADDRESSING THE DISCORDANT ELEMENTS. A few clays after the talk with the colored people, in wliich he signally failed to destroy their fear of the bloody consequences of another election, Carpenter was invited by 460 LIFE OF CARPENTER. a large number of the leading white citizens of New Or- leans, irrespective of party, to deliver an address in Exposi- tion Hall on the unfortunate condition of Louisiana affairs. He made a prompt favorable reply, and although the night chosen for it, May 20, 1873, was stormy, he was greeted by over three thousand of the foremost citizens of the Crescent City. He spoke from eight o'clock until after eleven in the evening and had the closest attention. He talked with great license, literally handling everything and everybody in Loui- siana without gloves. The opening, however, was rich and beautiful, like the gorgeous section in which he was a vis- itor — the very incense of oratory — and won his audience so completely as to block any effectual rebellion against the sledge-hammer blows he subsequently dealt. The address contained the main points brought out in his speech in the senate, with popular illustrations and con- clusions. He was more brief in setting forth the rightful power of the government to act in the premises, its duty to take cognizance of the failure of any state to maintain a re- publican form of government as required by the constitution, and the conclusion that federal interference could be no vio- lation or infringement of state rights. He reiterated that although McEnery was technically elected, it was by means of the grossest frauds, and that Kellogg secured his seat by frauds of another kind and usurpation. The foundation question to be reached and determined, he said, was the true reason for this condition of things. He believed it was because slavery was not dead, saying he found, to his sorrow, that the assertion and supremacy of the white race over the black, which constituted slavery, had not disappeared; that the latter plainly succumbed to that "servility of temper and dread of the white man's wrath which slavery had imposed," and that they " did not seem to understand they are the white man's equal in an3'thing, and yet, to-day, they have all the rights and all the protection which I have in Wisconsin, and all they ever can have under ADDRESSING THE DISCORDANT ELEMENTS. 461 free institutions." He then expounded the doctrine of self- defense, reiterating and amplifying what he had said to the colored men under this head — in etTect, that when the freed- men were attacked they should shoot and kill in self-defense, if nothing less would suflice: There is no war of races, of which I hear so mucli, in tills siijTtTestion. It is the innocent man defending himself against a wrong-doer. * * * And let me say to yovi, frankly, this evening, gentlemen, that the quicker this great fact is taken into consideration, fully understood and universally acted upon, the sooner will you relieve yourselves of the condition of things now existmg in this city. Talk to me about a war of races in the south by the aggressions of the colored man! You might have convinced me in Wisconsin of that, but you never can after what I have seen of the colored men themselves in Louisiana. I will believe that such'a danger is to be apprehended when, and not until, you have satisfied me that the lambs on the farms in Wisconsin have banded together to devour the wolves in the forest. The fearless manner in which Carpenter enunciated this produced a decided sensation, which he did not permit to sub- side before arraigning, in merciless terms, the whites for the death, in Grant parish, of "that mountain of colored men, slaughtered while they were escaping from a burning court- house." He indicted them for ostracizing northern men who removed to the south for the purpose of engaging in business; for refusing to sell any portion of the great plantations that were going to waste to the colored men; for refusing their former slaves opportunities of earning a livelihood, thus compelling them to starve or steal; for training their young men to "drink whisky and talk politics by day and butcher Negroes as a pastime by night;" for inciting tumult and revolution on the slightest pretext, and for their general bad treatment of the black men since the advent of the privileges and rights of citizenship. He counseled subiuission to the Kellogg government until some action settling the imbroglio could be taken; for, being a de facto government, its acts were valid. He promised, wh.en the case should be presented at the next session of 462 LIFE OF CARPENTER. congress, to do what he could to secure a new election, unless it should be shown that Kellogg, in spite of all frauds, was really elected. In closing his speech Carpenter offered a generous tribute to New Orleans and pictured her future in glorious colors. He assuned the garb of a prophet, and predicted the day- was coming when Cuba and the West India islands and Mexico would belong to the United States, and that then New Orleans would be the gate-way commanding the com- merce across the gulf to those countries. His prophecy was closed in these words: Mexico and Cuba, San Domingo and other islands of the sea are held by men who are only occupying until we come. Yet we can not go until you put your house in order and give us the word that you are ready for an advance. The last hope of man in the experiment of self-government is with us; we are even to-day, with all the difficulties we have to contend agamst, holding the lamp of liberty a little higher and shedding its light a little clearer on the face of the world than any other nation. Yet we are in our infancy, not only in years, but in opportunities and capacities. BACK IN THE SENATE. Returning from New Orleans to the floor of the senate, we find Carpenter, on January 30, 1874, redeeming the promise made in Exposition Hall to do what he could for Louisiana by opposing Morton's resolution to seat P. B. S. Pinchback as a senator from that state. Pinchback had been elected by the so-called Kellogg legislature, and Car- penter objected to seating him, on the ground that at the time of his election there was no legal legislature in that state. He grouped in their strongest positions and illuminated with the light of his perfect knowledge of the Louisiana case and of the law, all the orders, decisions, rulings, proclamations, enactments and proceedings had in and in connection with the elections in that unfortunate state, and then drew the conclusions of an impartial and upright judge who had laid aside all partisan feeling and all desire except to see exact justice prevail. The list of authorities and decisions he pre- BACK IX THE SENATE. 463 sented was so overwhelmingly in favor of the position that there was no legal state government in Louisiana, that no one pretended to contend against them. In this long speech, fairly ponderous with the weight of well-settled principles and eminent decisions. Carpenter was unusually warm and earnest. It was noticeable to all that he believed he was engaged upon a question of vital im- portance to the republic, and that his words came from the heart and his conclusions from the precious mine of honest conviction. On the following day he prepared and intro- duced another bill providing for a new election in Louisiana, Before speaking to that, however, he addressed the senate twice on the resolution to admit Pinchback, and arrived at his great speech in support of the bill on March 4iii. The event had been well advertised, and the senate chamber was filled to its utmost capacity with a brilliant and distinguished audience. No better superficial description of the effort can be given than this, by a noted author, journalist and pub- licist, of New York: For three hours, tlirough one of the best legal arguments heard in the senate tor a long time past, the crowded galleries listened to him eagerly, and leaned forward with deep interest to catch every word that he uttered. He was the center of attraction and all eyes were steadily turned upon him. Most of the senators were in their seats, and the custom of reading news- papen* was dispensed with, while they were intently absorbed in the well- arranged points and effective treatment of them which characterized Senator Carpenter's forensic efTort throughout. At times, when he indulged in some highlyimpassionedburstsof oratory delivered impromptu beyond the outline of his notes, he presented in his naturally graceful manner a fine embodi- ment of the bold and fearless American lawyer. Then, again, there were moments when the silence inspired by a greediness to catch his every word, was painfully impressive, and the insinuating electricity of his voice was almost oppressive. One of the finest lawyers and finest minds in the senate said that Senator Carpenter's argument was unanswerable. The awe in- spired by his final appeal for action, and his protrayal of what might occur in the future if congress did not interfere, gave to his peroration the master touches of art which invisibly pervade the higher productions of the lim- ner's skill. The full responsibility of the senate was Iclt when, near his close, with ominous significance, he asked, bursting into terrible earnestness, 464 LIFE OF CARPENTER. " Is it wisdom to adjourn this question into the presidential campaign of 1876? " adding his hope that the government would stand up and do its full duty. The full measure of the situation was then reached, and Senator Car- penter's effort was crowned with the twofold bays of a statesman and a lawyer. It should be stated that although President Grant had recognized the Kellogg government and was upholding it by federal bayonets, his own wishes were represented by Car- penter's plan for a new election. A majority of his cabinet, however, were against him. Carpenter's speech was a powerful exposition of the deep and damnable iniquities of Louisiana politics — one long and solid array of facts and authorities, butchery and blood. Dur- ing its delivery he was badgered and cross-examined by all his opponents, including Frelinghuysen, West, Logan and Conkling, and answered all of them with such clearness, promptitude and completeness as to show his perfect mastery of every detail of the complicated subject, and to turn all the interruptions and would-be annoyances to the advantage of his side of the case. A few days later Carpenter twice addressed the senate in favor of his bill, in a more earnest and prophetic manner, if possible, than before. He referred to the promise he made in New Orleans, that, if the people would cease all tumult and violence, and submit to the Kellogg government until the next session of congress, he would do what he could to secure a new election, declaring the Louisianians had kept their part of the contract perfectly, and he should keep his, though the republican senate, for mere partisan purposes, might vote to perpetuate a fraud and usurpation. He closed this second conjuration thus: The Hayes-Tilden Dead-Lock Predicted. For two years yet, unless congress shall interfere, that usurping govern- ment will hold that state. This question will be mingled with the difficult questions which may be involved in the next canvass of votes for President and Vice-President. I will not take more time, and do not care to say another word upon the merits of the subject; but it does seem to me that it BACK IN THE SENATE. 465 is little short of miKlncss on the part of congress to postpone thh question and mix it up with the didlcultics which may arise on tlie count of the votes for President. We can settle it now to the satisfaction of all man- kind, settle it honestly; have an election there that every man will know and feel is an honest election, and then the matter will be removed from the next presidential contest. I do not speak of the political contest, but I epeak of the canvass of the votes in the hall of representatives. The vote of Louisiana at the last election was thrown out because this very election fronr* which Mr. Kellogg claims to have derived his rights was void. The casting away of that vote did not change the result, and tlierefore no one cared about ii ; but, if the result had depended upon counting or not count- ing the vote of Louisiana, we should have had trouble such as no man can estimate. And it is now propo^^ed to let things drift, and to adjourn the question which we might settle now, when we are under no temptation to do anything wrong; to adjourn it all, and see what will turn up in the next count of votes for President. Carpenter's bill was not passed, though at the previous session it was defeated by only one vote. It was then killed by the democrats, who disrelished the recitation of outrages and horrors in the preamble. The prophecy contained in the passage here quoted came to pass literally and with dangerous eflbct at the succeeding presidential election, and when he entered the supreme court room as counsel for Tilden, before the great electoral com- mission, made necessary by the very trouble in Louisiana he predicted and which his bill proposed to correct, the martyr, James A. Garfield, brought forth from his memo- randum book the extract just quoted, remarking, with a tincture of remorse, that no prediction was ever more com- pletely fulfilled, or human prescience ever more conspicu- ously demonstrated. Carpenter's committee report on Louisiana affairs is one of the remarkable documents of the age. It does not in any respect fall below Burke's impassioned portrayal of the East Indian government's excesses and debauchery under the extraordinary vice-royalty of Warren Hastings, and time has fully confirmed the wisdom of his every act and doctrine. 30 466 LIFE OF CARPENTER. CHAPTER XLI. FACING THE STORM —" BACK PAY.' Probably no act of Carpenter's public life was performed with a clearer conscience than that of supporting the so-called "back-pay" bill of March 3, 1873, yet it at once enveloped him in a blinding storm of denunciation and obloquy. Always theretofore, when the masses had called upon him, Carpenter had given a valid, if not a satisfactory, reason for his acts; therefore, before entering final judgment, they desired to hear what he had to say. He was invited to speak upon the " back- pay steal," as it was delicately termed, at several places, but the strongest request coming from Rock county, he decided to appear at Janesville on June 26, 1873. Portions of his address must be incorporated in order to show an account of certain of his public doings in his own words: Before coming to the precise point I intend to discuss, let me refer to the abnormal condition of things existing in Washington and througliout the country last winter, which, in my belief, has caused the uproar which fol- lowed what is so courteously styled " the back-pay steal." I refer to the Credit Mobilier inncstigaiion. If any one had gone, in iS6i, to meet our troops as they were flying in rout and confusion from Bull Run, and had told them that they were simply in a panic; that the rebels were really whipped; that no enemy was pursu- ing them; that all they had to do was to stop running themselves to death and sit down on the grass and cook their supper, it is likely that he would have been run over and trodden under loot by our retreating soldier}'. Yet every one now knows that such was the case, and that our army was fleeing in hot haste from adversaries which existed only in their own excited imagina- tions. A very sagacious friend of mine, an editor, has told me that the same fate will overtake me if I attempt, juxt no-M, to stem the current. He says the newspapers have taken their position, and if I should succeed in showing that they are wrong, thej' would be a hundred times more angry than they now are, and that any attempt to justify what the press has so unanimously condemned will only have the effect to call forth increased denuncia- tion. This may all be so, but I do not believe it. There is a time for all things; a time to rant and a time to reason. Of ranting we have had more than enough; some one must incur the danger of attempting to reason, and I may as well suffer as another. FACING THE STORM — "BACK PAY." 467 Panic results from the infirmities of liuinan niture. It is the suJden re- bellion of tear aj^ainst the authority of reason. In a panic men will slay their best friends, destroy themselves, and from the best of motives commit the most shocking crimes. In a panic Athens condemned Socrates to death by hemlock, and Jerusalem led the Savior of the world to the agonies of crucifixion. Panics are not confined to military operations; civil commu- nities often have their Bull Runs. One notable illustration was the panic which seized the people of Lon- don, and of all England, in regard to the supposed Popish plot. Taking advantage of the excitement, an infamous wretch by the name of Titus ites, thinking he could see meat and drink, coals and pantaloons in it, of which he was very short, emerged from obscurity and pretended to make revelations against innocent men, upon which they were indicted, tried, convicted, drawn and quartered. Oates was lionized, received public ova- tions, and was regarded as a great benefactor and patriot. But after the excitement began to cool, and men began to reason, the plot was found out to be a wicked invention; Oates was ascertained to be an impostor, and was convicted of perjury and whipped at the cart's tail through the streets of London by a judgment of the same court which, upon his perjured testi- mony, had condemned scores of innocent men to the gallows and the grave. The panic of last winter was less tragic, but not less remarkable. The devil is styled the Prince of the Air; he has been a long while observing things; has seen generations come and go, empires rise and fall, and must understand human nature pretty well. If there be any truth in the conceit of Coleridge, that the devil sometimes comes down, "To visit his snug little farm, the earth, And see how his stock goes on," 1 know of nothing more likely to excite his mirth than the Credit Mobilief investigation. And the gravity of even his Satanic Majesty must have been overcome completely when the drama had become so cast, and the cliarac- ters so completely jumbled and transposed, that Fernando Wood — alTect- ing a virtue if he had it not —stood forth as the impeaclier of Schuvler Colfax, a man the latchet of whose shoes, upon anv general average of public virtues, Fernando Wood is not worthy, stooping down, to unloose. lie then showed that the government had not been and could not be defrauded by the Credit Mobilier, as it was simply the corporation which contracted to build the Pacific road for the Pacific Railroad Company, and thus illustrated the matter: Suppose you contract with a builder to build or cause to be built a cer- tain house on a certain lot, accordmg to stiinilated specification^, witiiin ^68 LIFE OF CARPENTER six months, for which you agree to give him forty acres of land and loan him $10,000 on his note for ten years. Then suppose your contractor sub- lets the contract, and the sub-contractor builds the house to your entire satisfaction ; you accept it, deed the forty acres, and loan to your contractor the $10,000 on his note for ten years. Then suppose it should come to your knowledge that your contractor had been cheated by his sub -con- tractor. Would you consider that that was any business of yours.' Would any lawyer tell you that you could bring a suit to redress the wrong which yotir contractor had suffered at the hands of his contractor, but which had in no way affected you.'' Carpenter now came to the back-pay question: I stand here to-night advocating the rights of the poor against the ambi- tion of the rich; I am here to-night to maintain that the son of a poor farmer or mechanic, if he have the necessary qualifications, has as much right to sit in the senate of the United States as the son or grandson of John Jacob Astor. This right is secured to the sons of the poor by the compensation clause of the constitution. And I am here to-night in the interest of the poor, and in my own interest as a poor man, to denounce any attempt to overthrow, or any cowardice which undermines, the repub- lican dogma of our government — that every public servant shall receive the compensation for his services which is fixed by the law of the land. In America the theory is that the rich and the poor should be on a level in making as well as administering the laws, and in every respect and par- ticular, so far as the government is concerned. And the fathers, in framing the constitution, took good care to secure this end by providing as follows: "The senators and representatives shall receive a compensation for their services,Jto be ascertained by law, and paid out of the treasury of the United States." Mark the significant and emphatic language of the constitution. It is not provided that the congress shall have power to fix the rate of compensation, nor that congress may by law determine what compensation the senators and members shall be entitled to receive, but the language is : " The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States." Suppose a conspiracy be entered into to-morrow among the millionaires of the senate — William Sprague, of Rhode Island; Zach. Chandler and Thos. W. Ferry, of Michigan; Frederick T. Frelinghuysen, of New Jersey; Wm. T. Hamilton, of Maryland; John P. Jones, of Ne- vada, and others — not to receive any compensation for their services and not to associate with or recognize as gentlemen those who should receive any such compensation. Can there be a doubt that such an aristocratic combination to change the character of the senate, and force poor men out of its seats, would be a direct and open violation of the constitution, which expressly provides that senators " shall receive " the compensation which is FACiNG THE STORM — "BACK PAY." 469 fixed by law? Custom is as strong as law, and social influence may defy the law. The tendency, of late, has been to fill the senate with men of wealth. And, when their num'oers shall be increased, a combinatioB be- tween tiiem, like that supposed, miijht produce a practical revolution of the government, and establish a condition of official life which would make it so uncomfortable for poor men to hold seats in the senate that they would decline to do so, and give the senate over to the millionaires of the country. In my opinion there is but one question in all tliis business, and that is whether $7,500 be more than a just compensation for the services of a sen- ator or representative in congress. I shall, therefore, first consider this question. It is said that $7,500 is a large sum of money, and that there are a great many laboring men who do not see one-half that sum in the whole course of a year. All this is true, but is not quite conclusive of the sub- ject before us. Wlien you are sick and desire a physician; when you are involved in litigation which touches your fortune or your liberty, you do not advertise for the physician or lawyer who will serve you at the lowest compensation. You select the physician or the lawyer whose services you prefer, and expect to pay him what liis services are worth. So, in selecting a senator or member of congress, you fix upon the man you desire to fill that place, and you expect to pay him a reasonable compensation for his services. If you desire to pay only such compensation as will secure the services of a man without regard to his qualifications for the place, $5,000, even $2,000, is thrown away on a congressman. Three months' advertising along the line of a railroad will secure inen enough to occupv the seats of both houses of congress at three dollars per day. Such an offer made to the laborers on a railroad would induce them to "cut dirt" for Washington faster than they ever cut dirt out of a railroad bank. When you employ a lawyer or a doctor, a bank cashier, the president of an insurance com- pany, or any other person for a particular purpose, you do not inquire what is the smallest sum for which you can employ a man, but what is a reason- able compensation for the services of such a man as you want in the partic- ular place. And this is to be determined by ascertaining what the same man could earn if employed by others in the same branch of business. In 17S9 congress fixed the salary of the President at $25 fXDo per annum. Probably there was no man in the United States, at that time, who had an income exceeding that sum. Things have greatly changed siace then, and men can now be found in almost every county whose income exceeds that sum. The mo^t able and sagacious of our business men — the men who conduct the commerce of the country and its largest business opera' ions — would regard it as a very poor year which did not yield more than $25,000 profit. The expenses of living, too, have more than doubled since that time. I am aware that it is always replied to this statement, that members of congress ought to live very economically, that they ought to imiUite the puritan simplicity of our fathers, and live as cheaply as they did. But how 470 LIFE OF CARPENTER. many of you practice this wisdom? How many of you live as your fathers lived? Before I was fourteen years of age, I never saw a carpet, a sofa, or a piaao. Now, how few of the well-to-do farmers' houses in this county lack these luxuries? This generation spends more for children's toys than our fathers spent in educating us. And a man who should go to Washington and live as some editors demand, would simply be the laughing-stock of the nation. If you desire your representatives to equal the representatives of other states in influence and power at Washington, then they must live with respect to the habits and customs which are practiced and observed by the representatives of other states; and not to pay a compensation which will enable your representative to live like a gentleman, is, if he be a gen- tleman, to exclude him from public service, provided he be also a poor man A rich man, as I have said before, may be willing to serve without any compensation; but this would give the government into the hands of the rich. I And it is for the people to determine whether, in these days of consolidated corporations and combining capital, they desire to surrender all voice in making and executing the laws; if so, rich men undoubtedly can be found who will serve in congress without regard to compensation. Then we shall realize the old theory of the rich taking care of the poor — such care as the wolf takes of the lamb. Twelve or fifteen years ago, Judge T. O. Howe and Colonel James H. Howe were both practicing law in Green Bay. They were both able and upright men — possessing the respect and confidence of the community in which they resided. Judge Howe went into the service of the government as a senator at $3,000 per year; Colonel Howe went into the service of a railroad company at $4,000 per year. Judge Howe's salary has been in- creased from time to time, until he now receives $7,500. Colonel Howe's salary has been increased from time to time, until he now receives $12,000. I would certainly not say anything against Colonel Howe. He is my friencl, and a gentleman whom I greatly respect, and whose services to the corporation which employs him are undoubtedly worth all it pays him ; but it is no wrong to Colonel Howe to say that Judge Howe is his equal in every respect and particular; that he is as able and as honest, and possesses in as great a degree the confidence of all who know him. Ten thousand dollars a year is not an unusual sum to be paid to the president or cashier of our largest banks and railroad companies; and yet a senator is called upon to perform three times the labor, and determine matters involving fifty times tlie importance, at a compensation of $7,500. I have also heard it said that there were members of congress who could not earn the same amount of money in any other employment. Conceding this, whose fault is it? If the people of a state choose to send a man tocon- IThe United States senate is now practically in the hands of the rich. However, this is objectionable only as it establishes a state of aftairs which makes it impossible for a poor man to become a senator. FACING THE STORM "BACK PAY," 47L gress whose best services are wortlilcss to himself and everybody else, that is their fault. The question is, what is a fair compensation for the service* of a man who is fit to be a member of congress? Does anybody doubt that Alexander Mitchell, O. II. Waldo, William P. Lynde, Governor C. C. Washburn or any other man in our state who would be likely to be elected to congress, by application to business could make $7,500 in ayear.' Or that their best services in regard to matters which involve millions of dol- lars would be fairly worth that sum per year.'' There is an impression that members of congress are making large sums of money. As this is a strictly confidential occasion, and I am here in the capacity of a servant to answer to my masters, let me show you how fast 1 am getting rich by a seat in the senate. Several years ago I rented the house I now live in for $i,ooo a year. It is an unpretending but comfort- able home. My oflice rent in Milwaukee is $250 a year. I am compelled to keep my house and olTice in Milwaukee or the newspapers would at once saj that I had moved out of the state and gone to Washington to reside. All I have in this world is invested in books. I have five thousand volumes of law books and about six thousand volum^^s of political and literarjr works. On these books I pay an annual insurance premium of about $1,000, and as I never expect to have anything to leave for my family, I keep my life insured for their benefit to the amount of $50,000, on which I pay an annual premium of $1,400. I can not rent adecent house furnished in Washingt'm short of $2,000, and I am compelkd to keep an office there, where my constituents can find me, and where I can transact business with them away from the sessions of the senate. For this office, two smalF rooms, 1 pay a rental of $900. These items give $6,550 ot indispensable expense. There is not a meal ot victuals in that sum, no clothing for my family, not a shirt for myself, no school-books for my babies, no carriage hire, no doctor's bills, no contribution for the preaching of the gospel, no charities to the poor, no contribution to pay the expense of Wisconsin office- seekers who have failed in their application and have to be sent home at the expense of the delegation. A year ago last winter I went to Washington, about the 15th of Novem- ber, and remained there for over seven months, laboring incessantly night and day, Sundays and Mondays. The same amount of labor, care and re- sponsibility bestowed upon professional business in my office at Milwaukee would pay $20,000; I received $7,500 for it. But you may ask how it is, if I am poor and my necessary expenses exceed my salary, I am able to stay in congress at all; and I propose to tell you, because I am making a full confession. A public servant is not permitted to have any privacy; his meats and drinks, his clothing, the shape of his shirt-collar, the style of hi&- coat, all are paraded before the public in correspondence and ridiculed in cartoons. In just three causes in the supreme court of the United State* last year, which I prepared for argument during the summer, at home, I re 472 LIFE OF CARPENTER. ceived $10,500, in cash. My clients were satisfied with my services and my charges. They neither called me a thief nor abused me in the press. This enabled me to square my bank account for the year, face bakers and butch- ers, doctors and dentists, school-masters and music teachers, priests and printers, tailors and shoe- makers. He next discussed the retroactive or back-pay feature of the bill increasing salaries, and showed that it was common to nearly all of the several similar bills congress had en- acted. Also that many of the great men who voted for and accepted back pay in 1856 and in 1866, either voted against the law of 1873, '^'"j having received the increase, turned and fled before the howl of the press and covered it into the federal treasury. He then closed: Why is it that men who voted for and received back pay in 1856 and in 1866 now refuse to do the same thing.'' I answer that the Credit Mobilier investigalion of last winter so diseased the public mind, and produced such a morbid public morality, that things which are perfectly right are regarded as wrong; and these men lack the nerve to face a storm even in defense of a principle indorsed by Henry Wilson and General Farnsworth and others who voted for back pay in former years, and received it from the treasury, and who are now claiining popular approbation for not doing precisely what they had done before. If it is a larceny, or a lesser wrong, to receive back pay for services in the forty-second congress, which these men admit by refusing it, then it was larceny or a lesser wrong for ihe same men to receive back pay in 1866. Washington left the impress of his character upon his own and succeed- ing generations. Jefferson, Madison, Hamilton and others gave an impulse to public thought, and fixed a standard of public virtue under which -w c have grown to be a great and happy people. But it was left for Oakes Ames to lift the standard of public virtue clear out of mortal reach and out of human sight. Things which, viewed in the light of our Savior's teachings, and estimated by the standard of Christian morality, are as harmless as the cooings of a dove, are larcenies, mortal sins, in the light of 1873 and estimated by the standard of alarm and fright created by Oakes Ames and the Credit Mobilier investigation. Earthquakes some- times come and storms sometimes rage; but the earth will not always Tock, nor the rains always fall, and we may hope that the present sore, fidgety, sickly morality will sometime give place to the manly and healthy virtue taught by the Master of Nazareth. The day on which this speech was delivered was ex- tremely sultry and enervating; nevertheless the hall in which FACING THE STORM — "BACK PAY. 473 he spoke was crowded to its utmost capacity. He made his appearance dressed in spotless white coat and pantaloons, low shoes and white stockings and white cravat, but without a waistcoat — clad in perfect accordance with the demands of comfort. He did not seem to be more clean, cool and fresh, or more strong and confident, than he was picturesque and attractive. Every statement, proposition, argument and conclusion was closely followed and thoroughly digested by the large audience, and when he had done there was hardly a person present who did not agree with him as to prin- ciples and facts, and few who did not rejoice that he at least had received the benefit of the increase in salary. This eflbrt went far to correct the distorted ideas Instilled into the public mind by the newspapers, and fully estab- lished Carpenter's honesty of purpose in supporting the measure and his moral bravery in defending it, while others were increasing the apparent magnitude of their self-con- fessed wickedness and self-conscious guilt by fleeing before the storm of public indignation. 474 I-IFE OF CARPENTER. CHAPTER XLII. BAFFLED CONSPIRATORS. For a year or two prior to 1876 the public atmosphere was contaminated by the scandals and corruptions of what was generally known as the " whisky-ring." The popular mind seemed to be debauched by its gigantic excesses and the leading men of the nation to be suffering from the poison- ous malaria it distilled. Unfortunately, Carpenter's second senatorial campaign came on during this epoch. Although defeated, the odor of that colossal organization was so nauseous to the community that his enemies could do no better than charefe that he had some connection with or profit by it. The announcement was, therefore, made that the money of the " whisky-crooks " was used in his behalf during the campaign, and that, in return, he promised immunity to such as already had been arrested and were awaiting trial. The facts are, in brief, these: The tax on whisky was two dollars, the cost of production about twenty-five cents per gallon. The temptation to evade the tax was too much for strong lovers of money to withstand. This evasion was possible onl}^ through the connivance of corrupt revenue officials — such as gaugers, store-keepers, inspectors, etc. These men would not permit the distillers to " run crooked," and thereby reap enormous harvests, without some tangible recompense for themselves. The distillers, therefore, paid such as came in direct contact with them sums varying from $100 to $250 per month per distillery. In a moral point of view, the corruption was not so much in the distiller as in those revenue agents who, sworn to protect the govern- ment, were, amidst a flood of perjury and malfeasance, the abettors of a vast system of frauds upon it. Of these facts the departments at Washington had no BAFFLED CONSPIRATORS. 475 knowledge, nor, for some time, had the general public. So far as Wisconsin is concerned, the chairman of the republican state central committee, E. W. Keyes, discovered during the campaign of 1873 that the "whisky-ring," under the name and style of the Personal Liberty League, was contributing liberal sums of money for the election of Taylor, the demo- cratic candidate for governor. On following up the matter he became convinced that crooked distillinn; to an unlimited extent must be going on, and wrote the treasury department to that efT.'ct. In the winter of 1873-4 ^^ personally com- municated his belief in this respect to officials at Washington, and on May 29, 1874, ^" his capacity as chairman, tiled spe- cific charges with Commissioner Douglass, inculpating cer- tain revenue officials and distilling firms. These officials, upon Carpenter's recommendation, were removed, and subse- quently the illicit distillers were arrested. These apparently extraneous facts are mentioned for the purpose of showing that, instead of being in league with the " whisky-ring," Carpenter's friends and political managers were directing the attention of the federal authorities to its corruptions and frauds. While Carpenter's campaign was progressing, in the win- ter of 1874-5, a certain friendly revenue official collected a small sum of money for hotel and other necessary expenses at Madison. Neither Carpenter nor his friends knew whence the money came, but afterward the charge was made that it was contributed by "whisky-crooks." A few weeks later the entire nest of crooked distillers and dishonest officials was arrested. The house of representatives was then controlled by the democrats. Hoping to destroy certain leading republicans and smirch the party generally, an investigation was ordered. On June 3, 1876, George W. Cate, democratic congressman from Wisconsin, moved that the special committee, sitting in recess to investigate the whisky frauds at St. Louis, " be di- rected to investigate the question of frauds on the revenue 476 LIFE OF CARPENTER. at Milwaukee, Wisconsin, and whether any officers of the United States were concerned therein, to include the transac- tions and contributions of the ' whisky-ring,' in the year 1873, in influencing elections." The investigation proceeded, the dishonest officials and crooked distillers being called to Washington for the purpose of implicating Carpenter, E. W. Keyes (postmaster at Mad- ison) and Henry C. Payne (postmaster at Milwaukee). On the second day of the investigation Mr. Caswell asked Leo- pold Wirth, a crooked distiller, whether the " whisky-ring " contributed heavily, in the year iSyj, to the election of Taylor, the democratic candidate for governor, and Mr. Cate, the mover of the resolution, objected. The objection was sus- tained, and his other objections, all of which were sustained by his democratic colleagues, prevented any investigation whatever into the political corruptions of 1873, the year the resolution demanded should be looked into. The inquisition then proceeded into a domain not covered by the resolution, against Carpenter, Keyes and Payne, who were not only not subpoenaed or notified to be present as witnesses in their own behalf, but were compelled, in order to have a hearing, to go personally to Washington and de- mand it. The besmirchers were put on the stand and gave the tes- timony that was expected of and in many instances prepared for them, and were hustled home as quickly as possible so their evidence could not be destroyed by cross-examination or rebuttal. As the wicked and indecent farce progressed, some interesting developments were made. The friendly revenue officer who collected a sum of money, as already mentioned, was afterward arrested, but to avoid trial and punishment escaped into the Canadian forests. He appeared as a witness for the conspirators at the investigation in Wash- ington. On being closely pressed he admitted that the scheme to taint Carpenter, Keyes and Payne was concocted by a few of the political enemies of the former in Milwau- BAFFLED CONSPIRATORS. 477 kee ; that one of them visited him in Canada, promising im- munity if he would return and give testimony implicating and besmirching those three; that in order to secure such immunit}' he agreed to so testify, at least against Carpenter; that the immunity was then delivered to him in Canada in writing; that he returned to the United States, and that, hav- ing put himself under oath, he found he could not keep his promise — could not deliver the inculpating testimony against Carpenter that he had promised as the price of his im- munity. Thus had the clever ofTicial, who was indeed guilty, though Carpenter had no knowledge of it, fooled, outwitted and baffled the conspirators. He then went on to testify that Carpenter and his friends did not know of the crooked dis- tilling, did not receive any corruption money from the " crooks," were not acquainted with his own corrupt trans- actions then or thereafter, and, so far as he knew, had no connection, dishonorable or otherwise, with the " whisky- ring " or with any of its members. When this investigation, conceived in political malice and carried forward for the destruction of private character, drew to an end, Carpenter and his friends returned home, where they were met J^vith popular ovations. Carpenter ar- rived in Milwaukee at sunset, and on being driven to his residence found a band of music and several thousand friends and admirers assembled to greet him. Judge Levi Ilubbell, in a brief address on behalf of the people, welcomed him home. Carpenter, visibly affected by his emotions, replied: Fellow-Citizens, Neighbors and Friends: — The highest delight of liuman Hfe is welcome home — " Home, home; sweet, sweet home; Be it ever so humble, there is no place like home." The laborer is supported amid the hours of work by the expectation of a happy reunion at the evening meal. The sailor, toiling upon the deep, the soldier, sufTering the privations and meeting the dangers of war, are sustained by the tliought that a loving wife is presiding at home, and prat- tling voices will greet his return. The great heroes of Rome carried the 478 LIFE OF CARPENTER. imperial eagles over the desert, through the wilderness, and throughout the world, to win a popular reception within the walls of Rome. I thank you, gentlemen, for this manifestation of your regard, and I ap- preciate it all the more that it is in no way connected with politics. You do not come to greet a politician ; you come to meet a neighbor and friend. Your speaker has alluded to certain investigations lately had in Wash- ington, intended to show that I had some connection with the manufacture of whisky, and to the fact that the investigation failed to fix any disgrace upon me. Friendship and prejudice, love and hatred, are the counterparts of each other. If a man has warm friends he will have bitter enemies. This demonstration shows that I have friends, and I accept the conse- quence, and admit I have enemies; bitter, malignant, determined ene- mies. They kept the grand jury in session for weeks, fishing for some whelp who could blacken me, but they did not find him. They then ap- plied to the house of representatives, hoping that, because the house was of opposite politics to that professed by me, they could accomplish what they had failed to accomplish by a grand jury.l Well, the investigation came and passed, and injured no one but those who set it on foot. It gave an opportunity to prove the utter falsehood of the charges made, and will probably satisfy my enemies that they have been on a false scent. Again, gentlemen, let me thank you for your call this evening. In you I recognize, not those who stand by when a man can stand by himself, friends to share his prosperity and profit by his advancement. You have been my friends in storm and disaster, when clouds sank low and waves dashed high. I had been defeated in my contest for re-election to the sen- ate, my character was assailed, and everything malice could invent had been poured out against me. But a large crowd of friends awaited me at the Milwaukee depot on my return from Madison, under the impulse of friendship warm enough to defy the atmosphere, below zero — the train an hour and a half behindhand; the wind blowing a gale — to soothe my wounded pr'de and show that, though defeated, I was not deserted. That was as delicate a compliment as was ever paid to a man on earth. Success is always greeted. Everybody is a friend to the conqueror; but it is rare indeed that friends stand firmly around the conquered to soften the mortifi- 1 While the grand jury was in session in Milwaukee, two or three ugly republicans conspired to have Carpenter indicted for receiving, while a sen- ator, money from the " whisky-ring." The attempt, of course, failed. At this time he wrote to his wife, from Washington: " Dear Girl: — I hope you did not allow yourself to be disturbed over the attempt to indict me. It would have hurt my enemies, not me, if an indictment had been found and a public trial had. I was not at all alarmed, because I kne-M there was not a fact or thing ngainst me. I did not be.ieve anybody would commit per- jury against me, and I knew, if they did, I could roll the matter back on them." BAFFLED CONSPIRATORS. 479 cation of defeat. Your friendship I appreciate; it touches every spring of gratitude in my nature; and until my heart ceases to beat it will be my am- bition to show myself worthy as possible of such friends and such friend- ship. When congress met in the following winter, the report of the scavengers showed such a painful lack of testimony im- plicating any except indicted revenue officials and illicit dis- tillers, that the matter was dropped in disgust — it ought to be said, in shame. Subsequently Judge Cate, the author of the resolution to investigate Wisconsin, admitted that, though he had been led into the investigation sincerely believing there was some foundation for the charges against Carpenter, he had become fully satisfied there was none. In fact his words have been by himself committed to writing, as follows: ^ „ Stevens Point, December 21;, 1S78. Hon. Thomas H. McDill: Dear Sir— In reply to four note asking for my opinion as to the result of the investigation had in the forty-fifth congress, relative to the alleged whisky frauds in Wisconsin, as affecting the Hon. E. W. Keyes, I have to say that the resolution under which the investigation was had was intro- duced by me, and the evidence was introduced mainly under my direction, and has been printed, so that all disposed to do so may read it and judge for themselves. But answering your question as briefly and directly as possi- ble, the evidence, judged from a practical standpoint, failed to implicate either Mr. Keyes or Mr. Carpenter in such frauds, and such was the opinion of all the members of the committee before which the testimony was given. I talked with all or nearly all the members in regard to a report, and the conclusion was that the charge, so far as those gentlemen were concerned, was wholly unproven. Very respectfully, G. W. Cate. The following scrap of testimony by James Coleman, corroborated by Hiram S. Town, John E. Eldred, Dana C. Lamb and others, shows that instead of being corrupt dur- ing his second campaign. Carpenter prevented corruption: By Mr. Carpenter: Q. Do you know of any proposition being made to me or to mv leading friends there at that time for furnishing votes of members of the legislaturl for a pecuniary consideration.' A. Not personally, but I know this: that if it had been necessary at any 480 LIFE OF CARPENTER. time during the campaign in Madison to elect you by the use of money, it could have been done with very little trouble. Q. Did you hear me say anything to my friends there upon the subject? A. I was present on one or two occasions in your room when this propo- sition was made to you (the necessai-y number of votes to nominate or elect you was, I think, six) ; the proposition was made, I think, on one or two occasions, that for the sum of $3,000 as a maximum, or $2,000 (the minimum), six democratic members would vote for you and secure your election. You were very indignant at the proposition, and gave the boys a severe lecture for talking with anybody on that question or for talking with you on the subject, and stated to them on two occasions that if you knew that if your election -were secured by the use of a dollar^ you would not take your seat. MISCELLANEOUS ADDRESSES. 481 CHAPTER XLIIT. MISCELLANEOUS ADDRESSES. The law and miscellaneous speeches of Carpenter were so numerous that a volume mi'i^ht be consumed in catalo<^uing them. A few not already mentioned in connection with the important subjects to which they relate will be referred to now; but numbers of them must be passed over without notice. Some of them were incomparably beautiful, some prophetic, some ingenious and unique, others philosophical, and many tender; but those of the war period swayed pop- ular audiences as the hurricane billows the forest or the sea. After 1861 he was in demand on speech-making occasions everywhere — at fairs, receptions, banquets, presentations, dedications, memorial services, on the stump and at Fourth of July celebrations. Therefore, from 1850 to 1881 he must have spoken on such occasions, in court and on tlie floor of the senate, at least two thousand times. But, unfortunately, no man who has spoken so much or so well has left so little behind. Hardly a dozen occasions are known, outside of the requirements of court rules, in which he composed ad- dresses before their delivery. Hence, not one of those handed down by reporters is at all comparable with the original in felicitous expression, intelligent punctuation or striking metaphor. Thus has his wit been shorn of its sparkle, his diction of its mellifluousness, his satire of its refinement, his rapier thiTjsts of their vital effect, his arguments of their perfect lucidity and his pathos of its divine tenderness. Carpenter's speeches lost as much by distillation througli the newspaper as champagne does by evaporation under the noon-day sun. Some of his most attractive and profound addresses have been delivered at Fourtii of July celebrations. On such oc- casions he frequently proceeded learnedly to define the true 3» 482 LIFE OF CARPENTER. province and theory of government or of citizenship, and to dwell upon the future greatness of the American republic with earnest and prophetic eloquence. But these, like the uproar amidst which they were delivered, were borne by the winds to their echoless chambers, beyond the reach of human record. SEVEN HUNDRED AND FIFTY HEROES. Undoubtedly the first attempt in the United States to erect a public monument to the memory of the soldiers who fell in the Rebellion took form in Grant county, Wis., early in 1861. But as the war was prolonged, the soldier-dead of the patriotic county continued to increase, until almost every family in it had a sorrowful interest in the project, and it was not until July 4, 1867, that the splendid tribute to those who gave up their lives that the Union might not perish, was formally dedicated. The shaft, which is of pure white mar- ble, contains the names of seven hundred and fifty sacrifices upon the altar of liberty, and rears its eagle-crest above the surrounding buildings of the city of Lancaster. The dedicatory ceremonies brought out the largest con- gregation ever witnessed in the southwestern portion of the state — the entire people of a populous county had gathered at the grave of seven hundred and fifty of her martyr chil- dren. Carpenter delivered the regular oration. lie pre- pared no notes, and there was no phonographic reporter present; but it was so marked in its character and eloquence that it has been forgotten by no one in Grant county. That and the dedication of the monument stand out as memorable events, still referred to with pride and pleasure. He closely imitated Pericles in his funeral celebration at the close of the Peloponnesian war — proceeded to discuss by what means America had become a great nation, examined the rectitude of the intentions of those who founded it and of those who fought in the Revolution and for the suppression of the Rebellion, celebrated and affirmed their bravery, and SEVEN HUNDRED AND FIFTY HEROES. 483 opened the broad gates of the glorious future of his country. From II. M, Page's recollection of the oration, a few sen- tences will be quoted: Previous to tlie advent of Christ, no one dreamed, no philosopiier medi- tated, no poet sang, of the universal brotherhood of man. Governments were erected for the benefit of a single nation or class, often for a small territory or single city. When Pericles said, "all participate in an equality of rights," etc., he meant all Athenians so participated. But it is the crowning glory of our holy religion that it was intended, and is destined, to reform all things that pertain to or spring from man. Jesus came to establish a kingdom — or, as we would now say, a st iti-, commu- nity, or commonwealth — not for a particular state, race, or color, but for truin; for all times uch solemn and awful warning, as the duty of protecting the unpro- tected, and befriending the fatherless child. In that great code given by God himself to his chosen people, a code which mingles municipal regula- tions with moral precepts, it is written, "Ye shall not afilict any widow or fatherless child. If thou aflHict them in any -ivise, and they cry at all unto me, I will surely hear their cry, and my wrath shall wax hot, and I will kill you with the sword, and your -wives shall be widows, and your children fatherless." If we could realize the full force of this passage, and if we could feel in our hearts tiiat in the person of the beggar on the corner Jesus is holding up his hands for alms; that in the cry of the orphan Jesus is pleading with us for shelter and food and raiment; that in every prison to-day Jesus is languishing, and in many a hovel starving; would we turn away so calmly and spend our money for whisky and cigars, for diamond rings and satin dresses? If we were alive to the truth and fully realized it, could we ever fold our little ones to our bosoms without thinking of those who have m father to gather them in the clasp of affection.^ But the trouble is, we do not think, and " Evil is wrought by want of thought as well as want of heart." The poor are not neglected because the rich are devoid of feeling. But without some special experience or startling call we go thoughtlessly on, never heeding the misery that is around us on every hand. 494 LIFE OF CARPENTER. " Thou shalt neither vex a stranger nor oppress him ; for ye were stran- gers in the land of Egypt." It is fair to infer that they were strangers so that they might not thereafter vex and oppress the stranger; and their ex- perience is improved to instruct them in their duty. All his early recollec- tions were calling to Isaac Taylor, "remember the fatherless, for ye were fatherless." It is a mysterious economy that some must suffer for the good of others. But so it is. One suffers sorrow that he may remember to re- lieve the sorrows of others; and Jesus, himself sinless, died to redeem the world from the penalty of sin. Let us go from this place taught by the example of him who has gone before us, and resolved to the extent of our means to relieve whatever suf- fering we may meet. By charity, by benevolence, by kind-heartedness, " We may make our lives sublime. And departing, leave behind us Foot-prints in the sands of time." FIFTY THOUSAND HEARERS. For many years after 1868 it was said Carpenter, like Lord Byron, awoke one morning and found himself famous. This was not strictly true, but the occasion was so extraor- dinary as to merit special attention. He was invited by the Republican Fenian Club, of Illinois, to address them at a mass-meeting on August 12, 1868, in Chicago, and accepted. When the ceremonies opened he found over thirty thousand people present, and after proceeding for a time the proces- sion, with bands, cannons, torches and rockets, came in, and the vast throng was then swollen to fifty thousand. He drew a parallel, or contrast, between the struggle for freedom in the United States and in Ireland, and pointed out how the democracy here, and the English government there, had championed the cause of bondage. Neither one, he de- clared, had ever been the friend of freedom or the Irish nation. After tracing history down to Fenianism and the Rebellion, he said: Well, after a while, the war came out just as every man who believes God sits on His throne, and prefers truth to falsehood, justice to injustice, lib- erty to slavery, might have predicted it would come out. It came out with the triumph of all good things over all bad things. * * * As the right has always triumphed, so it always will. Join your hands, then, and join your voices with the party which is pledged to see every man free. A FUNERAL ORATION. 495 For days the newspapers of the country teemed with the praises of Carpenter. They contended that he held a larger audience than had ever before been addressed by any man in America, and that his speech was that of a profound statesman and consummate orator. A FUNERAL ORATION. One of Carpenter's favorite divines, Father James Cook Richmond, was murdered at Pou:,dikeepsie, N. Y., July, 1866. A few days later the members of his former flock gathered in Trinity church, Milwaukee, to weep over his death and pay tribute to his virtues. Carpenter was chosen to give voice to their lamentations and laudations. It was an utterance powerful in description, fascinating in eloquence and tender in pathos. Only a few paragraphs describing in- cidents of his Own life will be extracted from an imperfect report of it: In iS6i, wlicn our Second regiment marched to the field, Father Rich- mond went with it as chaplain. On his way to the cars, he came, in his hurried and agitated manner, into my office, and found James Mitchell and myself there alone. He had been parting with friends, his eyes were filled with tears, his voice was tremulous wih emotion, and his whole frame shook like an aspen in a storm. / s/ia/l never forget that impressive scene. "Boys," said he, "I have not a moment to spare; you have been my friends always, my true, undoubting friends. I have nothing to give you but my blessing; receive it." From his majestic and patriarchal authority there was no appeal ; we bowed our heads, and with his hands upon them he invoked God's blessing upon us, and baptized us witii his tears. He then said, "I have a presentiment that I shall never return to the little church again ; a presentiment that I shall never return at all. I am not very prudent, I may be killed in battle, I may die of disease; if so, let my friends meet in the little church and pray; and speak of me just as I was. Tell Ihcm I had great faults, but tell them that I loved them, and labored and longed for their salvation. God bless you, good-bve;" and he disap- peared without a word spoken by Mitchell or mvself. He did return, but not to this church; he returned to his own home, and there met death by violence, and like good Abel, died in the open field. Poor Mitchell went first to his final account; and alas! how manv mourn- ful memories cluster around his grave. As the only survivor of the scene 496 LIFE OF CARPENTER. I have related, and within the brief space appropriate to this occasion, let m^ attempt the duty he enjoined upon us; let me i'ry to speak of Father Richmond '■'■just as he ivasP He was tall, raw-boned, with a haggard look, and in social life was ex- tremely awkward; but when the abrupt and angular motions of his arms and body were disguised with robes, he seemed the personification of majesty. With what dignity of action he approached the altar. His man- ner was so impressive that I never wondered very much at the excited and susceptible little girl 1 who, the first time she ever attended any church, saw Father Richmond robed and entering the chancel ; and when he opened the prayer book, and read in his authoritative style: " The Lord is in His holy temple, let all the earth — keep silence — before him," turned to her mother, and in a whisper asked, "Is that God, mamma.^ " His lofty bearing, his care- worn, haggard visage, his solemn, penetrating, awe-inspiring voice, his clear articulation, his majestic and expressive accent, made you feel in a moment that you were in the presence of a master. ***** **** I can not close without reminding you how sublimely he celebrated the ordinances and sacraments of the church. I can only remind you of it; no tongue could describe it. If you have seen him by the sick-bed of your dying children, as I saw him beside mine in the very ante-chamber of death, baptizing little innocents, who were just fluttering like stray angels, wan- dered unawares from the pearly gate, and longing to return, loth to remain in this sin-stricken, wretched world ; if you have seen him stretching out his arms repeating the solemn service, " We receive this child into the congre- gation of Christ's flock, and do sign her with the sign of the cross; " if you have clung to him for consolation when your wife and children, in the chamber of another dying child, were trembling and crying around you, and your own heart-strings were breaking with grief; if yo\x have gone with him, been led, sustained and supported by him to the grave of some dear one, gone before you; if you have heard from him, "■ I am the resurrec- tion and the lifr^ and who so believeth in me, even though he were dead, yet shall he live again; and who-^oever liveth and believeth, the same shall never die;" and, then, those dreadful words, that ring in your ears like the knell of last hopes while your heart is dissolving with sorrow, '■'■Earth to earth, ashes to ashes, dust to dust;" if you have followed him through such scenes, then cherish the memory of them m y®ur hearts, you will never know the like again. There was but one Father Richmond; he has gone down to the grave. Your sorrows may return, but he can not — Richmond "is in his grave; " After life's fitful fever, he sleeps tvellP 1 Miss Lilian, Carpenter's only daughter. DIVINE WORD-PAINTING. REPUBLICS NOT UNGRATEFUL. 497 On Monday, September 27, 1869, the splendid structure and magnificent stretch of four hundred acres of oak forest and emerald lea, at Milwaukee, called the National Home for Disabled Soldiers, were dedicated to the noble use for which they were prepared. Carpenter was chosen to make a reply to General B. F. Butler's address of welcome. It was brief but felicitous. He proclaimed that republics are not ungrateful, and that liberal as had been the provision for them, the soldiers 'deserved all the pensions, all the offices, all the eulogies and all the national homes that ever had been or ever would be set apart for their honor and comfort. A TRIBUTE TO THE PRESS. At a banquet given June 17, 1873, in La Crosse, to the members of the Wisconsin State Editorial Association, Car- penter delivered a brief address. He declared the press was "the center of power — nothing could withstand its united opposition. The newspapers could have defeated the back-pay bill if they had opened upon it a week before the final vote was taken." DIVINE WORD-PAINTING. In the fall of 1871 the Grand Duke Alexis, brother of Alexander III, present Czar of Russia, came to the United States. He spent some time visiting the chief centers of population and commerce, and made Milwaukee a part of his itinerancy. A banquet was given in his honor in that city January 2, 1872. Carpenter had returned from Washington the day before to spend the holiday recess, and was invited to be present. As the gorgeous ceremonies progressed, the Grand Duke proposed the health of the President of the United States. The president of the day, Geo. W. Allen, suddenly turned and called upon Carpenter for a response. There was no hesitation. The phonographic report of his 3a 498 LIFE OF CARPENTER. reply is as follows, though every person present on that oc- casion bears testimony that it but poorly compares in ele- gance and eloquence with the inspiriting original: Mr. President: — The heart of every American citizen responds cor- dially to every compliment paid to the chief magistrate of our nation. Our people entertain for the great office first filled by Washington habitual respect and reverence ; and of the present chief magistrate it is not too much to say that no President for many years has held a firmer or warmer place in popular affection. This occasion, which is eininently one in the inter- ests of peace and national brotherhood, is one in which President Grant would take the liveliest interest. Though educated a soldier, and coming to the chief magistracy upon the reputation he had won as a leader of armies, no President, not even Washington himself, has manifested greater solicitude to manage our national affairs in the interests of peace with all the world. We meet this evening to pay our respects to a member of the royal family of Russia; and we greet him., not as a prince merely, but as a man; not as an official representative of the Russian government, but as the son of the chief executive and head of a great nation which felt and showed warm sympathy for us in the greatest of our national trials. A mere diplomatic occasion means something or nothing, as the case may be, but this unofficial visit, this social journey of our distinguished guest, is, let us hope, an in- dication of the continued good feeling existing on the part of Russia toward the people of the United States. In the situation of Russia and America there is much to draw us into international sympathy. The forms of government are totally different. But mere form of government is not so material as the manner of practical administration. A government which embodies all the elements and at- tributes of absolute sovereignty may be carried on with a spirit of liberality which will make it a blessing to the people; and free institutions in un- worthy hands may be perverted to the worst ends of tyranny and oppres- sion. The progress of liberal sentiments, the emancipation of serfdom, and other great reformations, in Russia, have commanded the admiration of the world and covered the present reigning dynasty with immortal re- nown. Both nations are young and have a future. While England is decaying and France distracted, and revolutions threatening to wipe away evervthing established in either country, and while it yet remains to be seen what will result, blessing or evil, from the consoli'n^on of the German states in the iron grasp of Prussia, Russia st? nJi out before the world, full of strength and resources of youth, and is just entering upon the great destiny Providence seems to have designed for her. In the immediate future the preponderance of Russia in the councils of Europe seems to be certain. Our own country presents, on this continent, much the same di:atii of revkrdv joiinson. 499 aspects. Slavery is abolished; rebellion, which threatened the life of the nation, is crushed; and the future supremacy of our country on this con- tinent is as clear as any fact which rests in the future for its veritication can be. These two great nations — nations rejoicin<,Mn the strength and power of youth, with splendid opportunities before them — ought to be friends. In this idea, the friendship of two nations thus situated, how much of blessin" for mankind is embodied. The loves and friendships of individuals partake of the frail character of human life; are brief and uncertain. The experience of a human life mav be shortly summed up: A little loving and a good deal of sorrowing; some bright hopes and many bitter disappointments; some gorg^cous T/iurs- di/vs, when the skies are bright and the heavens blue, when Providence, bending over us in blessings, glads the heart almost to madness; manv dismal Fridays, when the smoke of torment beclouds the mind and undy- ing sorrows gnaw upon the heart; some high ambitions and many Waterloo defeats, until the heart becomes like a charnel house filled with dead affections embalmed in holy but sorrowful memories; and then the "silver chord is loosed," the "golden bowl is broken," the individual life — a cloud, a vapor, passeth away. But speaking relatively, a nation may count upon immortality upon earth. Individuals rise and fall, generations come and go; but still the national unity is preserved, and a government constructed wisely with reference to the situation and wants of a nation may exist for centuries. Friendship between two nations mav become a deeply cherished and hereditary principle, and two great nations, like America and Russia, mav ' walk hand in hand throu'^h the brilliant career opened before them, and the blessings of brotherhood and peace reach countless generations. God grant that such may be the relations between these two greatest among the nations forever. Carpenter's description of mortal frailties, as uttered in this response, has from that hour continued an uninterrupted round in the current literature of the day as a matchless gem of impromptu eloquence and divine word-painting. DEATH OF REVERDY JOHNSON. The bar of the supreme court of the United States met Friday, February 18, 1876, to pay respect to the memory of Reverdy Johnson. Carpenter was appointed chairman, and on taking the chair addressed the meeting: Gentlemen: — We have met to express our sorrow at the death of Rev- erdy Johnson, who long ago was attorney-general of the United States, ^OO LIFE OF CARPENTER. and who, amid the cares and responsibilities of many high political stations, at home and abroad, never abandoned the practice of his profession. For more than fifty years he steadily advanced in professional reputation, and came at length to be regarded as one of the leaders of this bar. Considering the extent and variety of his practice; his natural resources and professional attainments; his thorough self-possession and steadiness of nerve when the skill of an opponent unexpectedly brought on the crisis of a great trial, — an opportunity for feeble men to lose first them- selves and then their cause; his fidelity to the oath which was anciently administered to all the lawyers of England, to present nothing false, but to make -war for their clients; the audacity of his valor when the fate of his client was trembling in the balance, — he believing his client to be rio-ht, while every one else believed him to be wrong; — remembering all these traits, we must rank him with the greatest lawyers and advocates of this or any other country. * * * I should do violence to my feelings if I did not say one thing more. I loved, that old man. When I came first here, with the trembling in- spired by the glorious memories of this court, over which John Marshall so long presided, Mr. Johnson took me by the hand, gave me fatherly recognition, became my adviser, and ever after remained my friend. For all his kindness, professional and social, I would be less than a man did I not cherish the profoundest gratitude. Five years later, when the bar of the supreme court met to pronounce eulogiums on Carpenter, the foregoing was quoted as a just description of Carpenter himself. HIDDEN BLESSINGS. In September, 1878, when the people of the south were perishing before the yellow-fever scourge like stubble in a furnace, the good citizens of Fond du Lac, Wis., held a charity concert for the benefit of their stricken fellow-men. Carpenter, who was trying an important lawsuit in that city, was invited to speak, and, although ill and weary, complied with the request. Walking to the hall in an apparently moody spirit, he ^rf- tered and took a seat on the stage. As other features of the programme were to precede his appearance, he retired be- hind the scenery. There he found a Bible, which, purely by chance, he opened at the Gospel of Matthew. Up to that moment he had been undecided as to what he should HIDDEN BLESSINGS. 5OI say. But the apostle's words gave him inspiration, and, after some introductory remarks, holding the Bible in his hand, he said: These woes have their hidden blessings, and these clouds of sorrow their silver lining. When we touch the problems of life by the magic of science, conquering as we go, and in ail things are elevated by success until a man feels like a god, we are brought back by some stroke at our idols, some blow within our household, some draught upon our love, to our own true nature. These withering scourges, these blighting calamities, moilifv our natures, increase our generosity, and soften our hearts. Those who passed through our late civil war never can have its images swept from their minds. Everybody had a husband, friend, brother, father, son, or lover before the cannon's mouth, and everybody wished to know whether it went well with them. Accordingly, they read the newspapers, and during that terrible struggle newspaper reading increased fifty per cent. This made us more intelligent; and intelligence means everything that is good — larger sympathy, greater love, freer charity. Once when Napoleon was pressing a terrible battle, a favorite officer fell mangled and dying. The great general ceased the firing, and, kneeling over his dying comrade for hours, until his spirit had left its crushed and suflfering prison, wept, and watched, and prayed. I have often thought that perhaps this little incident saved an army from destruction, or a gov- ernment from dissolution. And so may this terrible pestilence have its bene- fits — it already has them, in opening our hearts, our love and our sympathies. Here he brought the Bible before him just as he at tirst opened it, and read with fine effect a portion of the twenty- fifth chapter of Matthew, beginning with the thirty-first verse. The grand words were never more touchingly and eloquently rendered. He then closed: There has been no student of theology since Christ's time who has not longed to have followed the Son of Man through all his weary wanderings, that he might have listened to his teachings in the wilderness, or as he rested beneath the fig-tree shade at noontide, heard the honeyed words fall from his own lips; but I assert upon the authority of this text, that the Son of Man is here on earth now, and that you are giving him bounteously of your love and worship when you open your hearts to the stricken sullerers at Memphis and New Orleans. And you shall have your reward. " Verily, I say unto you, inasmuch as ye have done it unto the least of these, my brethren, ye have done it unto me." Carpenter's sermon — a veritable sermon it was — occu- pied thirty minutes. At its conclusion there was not a dry eye or an uncharitable heart in the house. 502 LIFE OF CARPENTER. CHAPTER XLIV. IMPARTIAL SUFFRAGE. Carpenter was a believer in the righteousness of equal suffrage. How or when he was converted to the doctrine, or whether he always held it as one of his political tenets, can not be stated; but his first public avowal of it was dur- ing a great mass-meeting in the Academy of Music at Mil- waukee, October 4, 1866. He was closing a lofty appeal for " impartial suffrage, without regard to color, nationality or previous* condition," when a person in the assemblage queried, " Does that include the women ? " Instantly, in a still louder, clearer voice, he replied: "Yes. I always in- clude the women in my pleas for impartial suffrage, and I always shall." This was greeted with thunders of applause, for at that time suffrage was the great question of the hour, and the popular impression was that women were as well qualified to vote as the Negroes.^ In the extended debate on the bill to amend the naturali- zation laws. Senator Williams, of Oregon, moved an amend- ment providing that " nothing in this act shall be construed to authorize the naturalization of persons born in the Chinese Empire, or persons of the Negro race of foreign birth." This was opposed by Carpenter upon various grounds with force and eloquence, and during his speech, in answer to an inquiry from Senator Thurman, of Ohio, he proclaimed: "I am happy to inform the senator that I am in favor of citizen suffrage without distinction of sex, color or birthplace." EQUAL SUFFRAGE PREDICTED. Elizabeth Cady Stanton invited Carpenter to be present and make an address at a women's suffrage convention held at Washington in January, 1870. He answered: 1 Carpenter's arguments favoring these privileges for Negroes and China- men have appeared with sufficient clearness elsewhere. MviL(\. dradwell's case. 503 Washington, January 19. Mrs. Elizabeth Cady Stanton: Madam — Your favor of the iSth instant, inviting me to address the convention now in session in this city for the promotion of the cause of female suffrage, has been received. I regret that my official duties will not allow me the time to comply with this request, but I assure you and the ladies with whom you are associated that I am heartily in sympathy with the efforts you are making for the success of the cause which you, es- jiecially, have so long and so ably advocated. I beg further to say that the bestowal of the right of equal political suf- frage upon the women of this republic can not, in my judgment, be much longer withheld, and that whatever influence I have shall be exerted at every proper opportunity to hasten the consummation for which you are laboring. I have the honor to be very truly yours, Matt. H. Carpenter. MYRA BRADWELL'S CASE. Myra Bradvvell, 2ifemmc covert, a lady of fine attainments and a citizen of Illinois, applied for admission to practice at the bar of the supreme court of that state. The court re- fused to admit her, and thereupon a writ of error carried the proceedings of the Illinois court to the United States supreme court for review. Carpenter made the argument for Mrs. Bradwell at the December term, 1871. As an obiter dictum he discussed the problem of female suffrage, and that discus- sion only can properly have attention at this point. He said: The great problem of female suffrage, the solution of which lies in our immediate future, naturally enough, from its transcendent importance, draws to itself in prejudiced minds every question relating to the civil rights of women, and it seems to be feared that doing justice to women's rights in any particular would probably be followed by the establishment of the light of female suffrage, which, it is assumed, would overthrow Christianity, defezt the ends of modern civilization, and upturn the world. While I do not believe that female suffrage has been secured by the amendments to the constitution, I do not look upon that result as at all to be dreaded. * * * Commencing with the barbarism of the far east, and journevinf through the nations to the brJLjht light of civilization in the west, it will everywhere be found that just in proportion of the equality of women with men in the enjoyment of social and civil rights and privileges, both sexes are advanced in refinement and all that ennobles human nature. 504 LIFE OF CARPENTER. In our own country, where women are received on an equality' with men, we find good manners and good order prevailing. Because women fre- quent railroad cars and steamboats, markets, shops and postoffices, those places must be and are conducted with order and decency. The only great resorts from which woman is excluded by law are the election places, and the violence, rowdyism, profanity and obscenity of the gatherings there in our largest cities are sufficient to drive decent men even away from the polls. * * * I have more faith in female suffrage to reform the abuses of our election system in the large cities than I have in the penal election laws to be enforced by soldiers and marines. THE FIFTEENTH AMENDMENT. Carpenter's several reports on the petitions and demands of women for the privileges of suffrage throughout the Union are interesting. He had under consideration, in Jan- uary, 1872, "the memorial of Elizabeth Cady Stanton, Isa- bella Beecher Hooker, Elizabeth S. Bladen, Olympia Brown, Susan B. Anthony and Josephine J. Griffing, citizens of the United States, praying for the enactment of a law, during the current session of congress, to assist and protect them in the exercise of their right, and the right of all women, to participate in the elective franchise, which the memorialists claim they are entitled to under the constitution of the United States, together with various other petitions and memorials to the same eflect, and various protests in oppo- sition thereto." He reported that he had not discussed the broad principle as to whether the federal constitution should be so amended as to give all female citizens the right of suffrage, but that the fourteenth amendment "must be regarded as recognizing the right of every state under the constitution, as it previously stood, to deny or abridge the right of a citizen to vote on any account, in the pleasure of such state; and by the fif- teenth amendment the right of states in this respect is only so far restricted that no state can base such exclusion upon ' race, color, or previous condition of servitude.' With this single exception — race, color, and previous condition of serv- itude — the power of a state to make such exclusion is left SUSAN B. ANTHONY ARRESTED. 505 untouched, and, indeed, is actually recognized by the fifteenth amendment as existing." Which means that every state is left free to admit or exclude women from the privileges of votinfj. SUSAN B. ANTHONY ARRESTED. At the presidential election of 1S72 Susan B. Anthony asked, as a citizen of the United States and an inhabitant of Rochester, New York, to have her name registered. She was accordingly registered, and on election day was per- mitted to deposit her ballot with other citizens. Immediately afterward she was indicted by the grand jury for having " hiowivgly voted without having a lawful right to vote." She had a trial, technically, before a jury (as the law directs) and Ward Hunt, associate justice of the United States su- preme court; but the judge refused to submit the case to the jury in any form and directed a verdict of guilty. She was fined $100 and costs, and thereupon petitioned congress to remit the punishment. The majority report of the senate committee was that congress had no power to remit the fine, but Carpenter sub- mitted (January 20, 1874) ^^^ "views" of the minority, in which, by numerous authorities, he showed that Justice Hunt had no rightful power to suspend the prerogatives of a jury in a criminal case and compel a verdict of guilty. He said: Unfortunately the United States have no '■'■-Mell-ordered system of juris- frudcnce." A citizen may be tried, condemned and put to death by the erroneous judgment of a single inferior judge, and no court can grant him relief or a new trial. If a citizen have a cause involving the title to his farm, if it exceed $i,ooo 1 in value, he may bring his case to the supreme court; but if it involves his liberty or his life he can not While we permit this blemish to exist on our judicial system, it behooves us to watch carefully the judgments inferior courts may render; and it is doubly important that we should see to it that twelve jurors shall concur with the judge before a citizen shall be hanged, incarcerated, or otherwise punished. I concur with the majority of the committee that congress can not grant the precise relief prayed for in the memorial; but I deem it to be 1 Since increased to $5,000. 506 LIFE OF CARPENTER. the duty of congress to declare its disapproval of the doctrine asserted, and the course pursued, in the trial of Miss Anthony ; and all the more for the reason that no judicial court has jurisdiction to review the proceedings therein. He thus rebuked the court and the senate : It is fashionable, we know, just now, to heap contumely upon women who demand to be allowed to enjoy their civil political rights. Ridicule is the chief weapon employed against them, and is freely applied to all who advocate their cause. Gentlemen who would blush to be thought negli- gent in the offices of frivolous gallantry lack the manhood to accord to women their substantial rights. And, strange to say, ladies, dwelling in luxurious ease, join with the fops of society to cast contempt upon the earnest aspirations of woman for the possession of her just rights. We have acted upon the doctrines of the Declaration of Independence, so far as to make all men equal before the law ; but ivomen, our mothers, our wives, our sisters, and our daughters, we condemn to inequality — many to servi- tude. But the cry of women, who, in poverty and want, are driven from the employments of honest industry to indulgence in vice and to the haunts of shame, is rising on every hand, and appeals to the heart with as much power as the wailings of a slave beneath the lash of his master. The wrongs of Martin Koszta in a foreign land touched the heart of the nation. But the denial of her rights to Miss Susan B. Anthony in a court of the Union is thought to be unworthy the attention of the American senate. To those who are indifferent whether a woman be deprived of, or be per- mitted to enjoy, even the rights which are secured to her by the constitu- tion, it may be suggested that a bad precedent set in the trial of a woman who has presumed to express her choice as to those who should make laws for her, laws by which her rights are to be affected and ner property be taxed, may stand in the way of some man's rights hereafter. It may yet happen, in the revolutions of time, that some one of the majority of your committee may be subjected to an unjust and false accusation, which must be submitted to the judgment of twelve men in the jury-box or of one man on the bench; twelve men fresh from the people and warmed with the in- stinctive sympathies of humanity, or one man, separated from the people bv his station and by the habits of a life passed in seclusion and study. A jury-trial must be the same whether a man or a woman be arraigned. And the subject under consideration is important even to men, who are regard- less of the rights of women. A PLEA IN THE SENATE. In 1874, during the pendency in congress of a bill to create out of the territory of Dakota the territory of Pembina, while GOD S GREAT CONGREGATION. 507 discussing the qualifications of citizenship for the proposed new division, Carpenter said: Mr. President, as the yeas and nays have been ordered on this question, and I shall vote for this amendment, without going into any argument of the general question, I desire to say one word as to the reason why I shall so vote. I believe it is not one of woman's rights, but it is one of man's, that the franchise should be extended to women. I believe there is no situation in which man can be placed where the aid of woman is not beneficial ; that in all the relations of life, in all the occupations and all the duties of life, it was the intention of God, in creating the race, that woman should be the helpmeet of man, everywhere and in all circumstances and occupations. Look through your country, look in your railroad cars, look in your post- offices, look in your dry-goods stores, and there you see everything decent and orderly and quiet. Why.? Because women go there. The only place in this country from which they are excluded by law is the voting place, and in many of our large cities those places are the most disgraceful that can be found under our institutions. Now, I believe, if the elections were open to women as well as men, there would be as much order, quiet and decency at the voting places as there is in a railroad car, and for precisely the same reason. If our wives and mothers and daughters were going to these election places, there would be order and decency there, or there would be a row once for all that would make them decent. I have more confidence in the influence of women at the elections in New York city to reform the condition of things that exists there, and bring about decency and order at the elections and the prevention of violence and fraud, than I have in all the army and navy that the President can send under the elec- tion bill which was put through here by my honorable friend from New York [Mr. Conkling]. Without enlarging on the subject, I shall vote for this amendment, not because this territory is located, as some senator has said, near Minnesota. I would vote for female suffrage in the District of Columbia, to-morrow; I would vote for it in the state of Wisconsin; I would vote for it anywhere and everywhere, if I had an opportunity to do so. GOD'S GREAT CONGREGATION. It is difilcult to satisfactorily account for the admiration and love of the hish everywhere for Carpenter, and their enthusi- astic allegiance to his political fortunes. They believed he was poor — that created a bond of sympathy; they knew he was an orator — that carried them wherever he went. Ora- 508 LIFE OF CARPENTER. tory and poverty are to the Irishman what music and maca- roni are to the Italian. In early years he was a democrat, and as such, during polit- ical campaigns, came in frequent contact with the Irish, who are nearly all democrats. Having thus become acquainted with him, they went from far and near to secure his services and advice in their petty troubles and litigations. He never failed to respond, though he often failed to receive a fee. But this was not considered — he continued to keep them all for his clients, and thus became very popular throughout Rock county with that nationality. Years after, when he was a senator, a load of Rock county Irish farmers drove, in har- vest time, a distance of twenty-five miles to hear him make a political speech. When they arrived at the place the hour was late and the room was full to overflowing. But the jolly Irishmen had driven too far to be thwarted by ordinary means, so they climbed up the outside to the windows. There they sat and listened, like quails on a fence, cheering all his eloquent passages, though the speech was republican and they were democrats. This early love spread to all portions of the state, and became more strong and prominent in Milwaukee than any- where else. When riding in his carriage with distinguished guests or the members of his family, he would always greet, in a frank and hearty manner, or, if occasion required, stop and speak with the commonest clod-hopper in the city. He was, therefore, among the Irish, the best-known and most popular man in the community. They all knew him and spoke of him as " Matt." In 1874, when the election that was to send him or his suc- cessor to the United States senate was held, the Third ward of Milwaukee, generally safe for from three hundred and fifty to six hundred majority, gave Kershaw, the republican legislative candidate, over four hundred majority because he was " a Carpenter man." Although Carpenter was defeated, when he returned to Milwaukee the Irish turned out en masse god's great congregation. 509 to express their sympathy and indignation, and in his speech in the Academy of Music he said: One thing is so specially gratifying to me that I must make particular mention of it. The Third ward of Milwaukee, which is good for five hun- dred democratic majority under ordinary circumstances, last fall elected Colonel Kershaw, one of my republican friends, by over four hundred ma- jority. I must be dead indeed to every impulse of gratitude and every sentiment of manhood before I can forget my obligation to the Irishmen of Milivaukee. We shall have no temptation to separate hereafter; there is one bond that will bind us forever together ; they and I belong to God's great congregation — the poor. And if, in the changing fortunes of the future, I should ever find it in my power to aid an Irishman, I will think of my obligations to the Third ward, and hasten to his relief. In a similar speech at another time he alluded to one of his early experiences in Vermont. While trudging along a hot, dusty road, weary and foot-sore, he gave out and was com- pelled to sit down upon a bowlder by the roadside. Although a boy with a stout heart, his journey was long and he was almost discouraged. Several times he was refused a " lift " by the drivers of passing vehicles. Finally a loud, cheery voice roused him from meditation, and a jolly Irishman took him in and drove him to his destination. " Ever since that day," said he, " I have had a warm corner in my heart for an Irishman."^ At the primaries held for choosing delegates to the national convention of 1876, the Irish of several precincts adopted resolutions favoring the nomination of Carpenter for Presi- dent, and when, in 1878, he was again a candidate for the senate, the Irish rallied to his support and insured the election of Carpenter republicans in several democratic districts. In 1881, after his death, when the citizens of Wisconsin proposed to erect a monument to his memory, an Irishman of the Third ward of Milwaukee was first to appear with a dollar in his calloused palm as his contribution to the memo- rial fund. lllis childhood love for Johnny Eagan may now be recalled. 5IO LIFE OF CARPENTER. A MAN OF THE PEOPLE. Carpenter was pre-eminently a man of the people. He mingled freely and naturally with the multitude, and always taught that there could be no class-distinction in a republic save that of respectability. In all controversies between the people and the government, between the people and the aggressions of capital, monopoly or judicial usurpation, he invariably espoused the cause of the masses openly, boldly and effectively. This was not a matter of policy but of sincerit}'-. He knew he was right, and he knew, too, that to espouse the right as against banded corporations would entail upon him heavy pecuniary loss; nevertheless the principle was announced and supported un- falteringly to fruition. Nobody loved better or oftener sought the society of states- men, scholars, jurists and individuals of refinement; yet this love had no restraining influence whatever upon the perfect freedom of his intercourse with all classes. An old philoso- pher who had fondly watched Carpenter's upward course, bears witness: "I have noticed for years that no matter how far forward he went in public esteem, or what prominence he gained, he retained his old manner of talking to old friends, and did not forget any, no matter how humble." No one ever entered Carpenter's presence, no matter how trivial the errand upon which he came or how lowly his position, without being made at once to feel perfectly at home. His own business was laid aside as though an honor had been conferred upon him by the call, and for the time he placed himself at the service of the visitor, who at the close of the interview invariably left a firm, fast friend. He addressed all his intimate friends and acquaintances by their Christian names, and they in turn knew him, like all the world, as " Matt." Although his duties in the senate and his law practice in Washington for a dozen years pre- A MAN OF THE PEOPLE. 5II vented spending any large part of his time in Milwaukee, personal friendships were kept warm, and men who abhor politics were always ready to enter into campaigns for " Matt," In fact, the political rallies in Milwaukee in his be- half were nothing less than ovations. After every popular address he was in the habit of re- pairing to a public house, where, throwing open the doors, he received and shook hands with the people with a freedom and cordiality that to them was little short of fascinating. During his second senatorial campaign the managers of the Green county fair engaged Carpenter to deliver the an- nual address. Washburn was also a candidate for the sen- ate at that time, and his friends joined with the democracy in crying that the fair had been turned into a " Carpenter campaign-meeting." The clamor became so intense as to threaten the success of the fair, and when Carpenter ap- peared the address was begun without an audience worthy of mention. As he proceeded, however, listeners began to gather around him, and before the end, as the local journal declared, he " captured the crowd." But the people, turning their anger into enthusiasm, were not satisfied. They demanded he should give them a politi- cal address in the evening, which he did to an immense au- dience in Turner Hall, at Monroe. When he entered the place it was a " Washburn hot-bed," but he left it full of warm and steadfast personal and many political friends. Although long research had established his line of descent from ah ancient and gentle E:iglish family, Carpenter never referred to his genealogy, and even refused to wear a beauti- ful ring on which was cut a signet of the Carpenter coat- armor, although the token had been presented by a near and dyr friend. He despised all the artificial devices resorted to for the purpose of securing a false elevation "above the common herd " as evidences of shallowness and weakness. Whenever he observed the mere possessors of wealth flaunting the coat-armor of ancient nobility and establishing 512 LIFE OF CARPENTER. for themselves a vulgar pretense of aristocracy, he would gleefully quote: Of all the notable things on earth, The queerest one is pride of birth Among our ' fierce democracie.' A bridge across a hundred years, Without a prop to save it from sneers, Not even a couple of rotten peers — A thing for laughter, fleers and jeers, Is American aristocracy." Carpenter described Stephen A. Douglas as " a plebeian respectably born and an honored citizen of the United States — the noblest, proudest lord in Christendom." This description v;rould have applied with equal aptness to himself. He was not decked with the gairish emblems of artificial distinction, but was a man of the people, who " received the patent of nobility direct from Almighty God" and his political elevation from the good will of the masses. USE AND LOVE OF BOOKS. 513 CHAPTER XLV. USE AND LOVE OF BOOKS. It must have been ohserved, ere this, that Carpenter was a great lover of books. In the west no private library of miscellaneous books equaled his in extent and richness, and his law library was one of the best in the United States. It contained all the text-books, decisions and opinions that were written in the English language, all state trials, legislative, parliamentary and tribunal proceedings of the old world, and all arbitrations, treaties and agreements between nations. In the field of general literature he was equally compre- hensive, having upon his shelves the entire range of history, biographies of all the conspicuous characters of civilization, the standard works of science, philosophy, finance, poetry, fic- tion, travel, navigation, engineering, and hundreds of volumes of church history and theology. In addition he gathered, read and preserved briefs, magazines, newspapers and pam- phlets without number. In this direction may be mentioned his rare and complete collection of all the briefs, arguments, etc., presented to the attention of the United States supreme court since its organization. These were bound, and as the only other similar collection extant belonged to the Philadel- phia Law Library, were considered so valuable that afier his death congress set aside $8,000 for their purchase as an addition to the congressional library. In connection with the books he possessed it is proper to refer to the use he made of them. He studied the history of civilized nations and of their assemblies and courts to see by what steps they advanced in enlightenment, power and hap- piness, in order to formulate the wisest policies for America; he examined the decisions of the world's courts in order to discover the purest principles of equity and justice ; he wan- 33 SH LIFE OF CARPENTER. toned in all the fields of general literature in order to enrich his mind, purify his language and adorn his oratory. For general purposes his favorite volumes were Shakes- peare and the Bible, which, he said, were all the library a man needed. These he read incessantly. Although he could repeat many of Shakespeare's plays from beginning to end, transforming his tone, facial expression, accent, gest- ure and spirit to fit each change of character, he did not draw so freely from that source for his public speeches as from the Bible. He read the myriad-minded bard for his subtle phi- losophy of human nature and common life, but the masses did not so fully appreciate that as they did the simple grandeur of the New Testament epics. He held that the writings attributed to Shakespeare were not his unaided productions; yet curiously enough, Stratford, next to the Holy Land, was a place he always longed to visit. As has been stated, much good literature became firmly fixed in Carpenter's mind during the period of his blindness; but he never prepared an address, and not often a legal argu- ment, without reference to the domains of fancy, philosophy and religion for apt illustrations, strong expressions and con- firmatory conclusions. Not only this, but at social gatherings, in his hours of recreation and for the amusement of his friends he read from all the poets. On such occasions his frequent habit was to take the book in hand and walk up and dowm the room in order to rouse his sympathies to the text, facilitate gesture and heighten the general effect. Upon this point one of his early law-students is corroborative: The most interesting experiences I can recall — and I am sure I shall never forget them — were those where, Avhen he was in the mood, he would walk the floor and recite with a feeling and expression beyond comparison from some of the English poets, or when visited by some brother senator or legal acquaintance of note he would engage in friendly discussion upon some national or legal question until his convictions and his earnestness would carry him headlong into the most eloquent and pleading style of speech. LOVE OF CHILDREN. 515 At home it was a very common habit with Carpenter to read aloud to his wife and children from the poets or the Bible. Sometimes, in that semi-dishabille which granted the freedom he loved so well, he would stretch himself upon the sofa or carpet, and in that position read for hours — the lesser passages to himself, but those which aptly expressed his own sentiments or met a quick response from the warm and generous depths of his heart, he uttered aloud, fre- quently repeating them several times as if to drink in their full meaning and fix the words indelibly upon his memory. On some occasions, when working in his library until far into the night, after the entire household had retired to rest, he would lay aside his labors and begin reading aloud from a favorite volume, with no listeners but the walls of books that surrounded him. Frequently, at such times, as he fell upon passages of unusual strength or beauty, he would mount the stairs, and sitting by the bedside of his wife, read them to her with high dramatic power and unalloyed enjoy- ment. Many a time has she been roused from peaceful slumber to hear her husband recite a favorite chapter from the Bible or choice passages of literature. Jonas M. Bundy, heretofore quoted, has written: His liberal book-buying, which some people afterward regarded rather as a piece of extravagance than dictated by real necessity, I knew grew out of his habits of study, his demand for the exact siirnificance of words, his de- sire to extend his knowledge of all the forms of expression that were created by the first order of poetic, philosophic or analytic ability. No man whom I have known laid the foundations of future power and broad work more thoroughly, honestly or deeply than Carpenter. He never was satis- fied with any class of authorities or chain of argument unless he felt sure of the utmost attainable capacity of demonstration. He was, all his life, one of the most exact, painfully critical, keenly intuitional students of words and their meanings that I ever knew in the legal or m any other profession. LOVE OF CIHLDREN. Carpenter's love of children was phenomenal. lie was not simply passionately fond of his own, but he loved them all and made friends with them all. One of his admirers has 5l6 LIFE OF CARPENTER. said that, if it were not known that the great Teacher of Nazareth promulgated, " Suffer little children to come unto me, and forbid them not, for of such is the Kingdom of Heaven," it might not be unnatural for those who knew him to believe Carpenter was the author of that sublime injunction. Every parent has more or less love for his offspring, but when a great mind, perplexed with the questions of the day and busy with the duties of public life, is attracted by every child that crosses his path, it is a fact worthy of some remark. Once, as he lay dozing in his library, suddenly, as though the house were on fire. Carpenter sprung from his couch and rushed up stairs to the nurser}'. When he returned, a member of the household asked what had happened and he replied that he " thought he heard Paul cry." He could soothe his children to rest or sleep under any and all circum- stances, when everybody else had failed. Nature seemed to have endowed him with an instinct that knew just how to touch and handle a child, for the most restless and tempestu- ous youngster, in a few moments after he began to croon the little song of his own which he sang to every babe, set- tled into peace and quiet. Many a time, while riding on the cars, he has taken a fret- ting child from the arms of its mother, and, after walking a few times up and down the aisle of the coach, carried the little one back hushed and asleep, receiving the blessings of the passengers. After 1865, he traveled a great deal be- tween the east and the west, and instances of this kind were repeated at almost every journey; but it was only now and then, when there chanced to be some one on board who recognized the distinguished public nurse, that the tired mother, rested from her burden, or the grateful travelers, knew who had exercised such a magic spell over the crying babe. Here is a letter to Walter S. Carter, of New York: United States Senate Chamber, Washington, June 30, 1872. Dear Carter: — While coming down on the cars the other day, or evening, when it came time to make up berths in the sleeping-car, a gen- LOVE OF CHILDREN. 517 tleman, two ladies and a small girl came and sat in my section while theirs ■was being put in order. The little girl was very tired and sleepy. She sort 'o took to me, as all the children do; so I told her to lie down in my arms and go to sleep, which she did with seeming gratefulness. We rode in that way some twenty miles. When they were ready to go to bed, they aroused the little girl, and told her to thank me and bid me good night, whereupon I gave her my card. They all then went to their section, but presently returned, having read my card, and asked if I was " Senator Car- penter." I admitted it. Did I know Mr. Walter S. Carter.'' I admitted that also. Then they told me it was your little girl I had been holding. Yours, Matt. In several cases like this, as he afterwards learned, he fell in with some of the most distinguished families in the land, beginning friendships through a child which lasted to the end of life; but generally his kindness was toward some humble woman, traveling unattended with her burdens and her chil- dren, thus making his attentions thrice grateful, though she could never learn who had befriended her. On the streets and moving about the city Carpenter was the same. If he overtook a child, he would reach down and clasp it by the hand, leading it as far as their journeys were common, and always gaining its confidence and friendship. He frequently — in fact times without number — led ragged little urchins to a neighboring store and purchased a hat to replace the tattered affair the youngster was wearing, or a new handkerchief, or new shoes and stockings, or any article that seemed to be most needed. Thus has he sent home hundreds of poor lads rejoicing and wondering who the big man was that had been so kind to them. In such manner nearly all the youngsters in Milwaukee came to know Car- penter, and they agreed among themselves that when they should become men they would vote for him for President or whatever he desired to be. A gentleman who once went to Ilarrisburg, Pennsylvania, with Carpenter, to try a case before the courts, relates an in- cident. They lodged at a hotel in which all were strangers to them. At about midnight a babe began to cry as though in Sl8 LIFE OF CARPENTER.. great suffering. Carpenter arose from his bed instantly, and after listening a few moments to the cry of distress, and no- ticing that it did not diminish, dressed himself and proceeded into the hall. Near by he found an open door and a tired nurse attempting to quiet a still more tired child, which was waiting for its mother to return from a social gathering. He took the babe in his arms, sent the maid below for food, and began walking back and forth in the hall, singing his old song. When the mother returned, which was within half an hour, he had fed the babe, which was hungry as well as weary, and soothed it to sleep. She thanked him very gra- ciously for the novel kindness, and spent a large portion of the following day in discovering who he was. As to his own children (Lilian and Paul D.) he not only loved them with passionate tenderness, but was proud of them, and had great pleasure in their mental and physical ad- vancement. During his numerous and lengthened absences from home, in the senate or before the courts, he never failed to write frequently to them, from their earliest childhood. The babes could not read, to be sure, but their mother could, and the letters were their own " to keep." At first Lilian and Paul transmitted to him some extraordinary epistles, consisting of very bewildering, harum-scarum dashes and scrawls which were supposed to mean, " Dear papa: I love you. Please come home." Next they could " print " a few words intelligibl}'-, and finally were able to maintain cor- respondence in due form. Carpenter gleefully answered all their missives, whether or not he could read them, and both children have sacredly stowed away hundreds of precious letters from their father, extending back to their babyhood days. One of them shall be inserted here for the purpose of showing a fac-siniile of his every-day chirography. The " Doctor " referred to in the letter was a cat presented by and named after Dr. J. K. Bartlett, of Milwaukee. ^ /i^en^ /^A/^ ^ ^crt^3>i>CfC /t^^/>r' ^/^^ /i^i^tuJ ^'A'i^n^ //■ myt^/- /i /i<^ ^?^-<0^ ^Zjf ^^^-CcvA-d^^ ^ £if^igip^ '^^9^1^ otrz^^ ^ii±.c^it^ ^iif y^ ^(Xir/U^ ^'^t^^t^p^e^ ^^^:^^^^>^^ 9t^ Mj{i/^ // ^s'^C-^^t-j^^ ^:^iy^>^ /U ^?i^^ c^ ^^^ Mc> ^V^f^A. Jj^/ff%A/ {HaO^ /flUt^^Z MORAL COURAGE. 52 1 MORAL COURAGE. One particular element of Carpenter's make-up was his bold frankness. He never skulked or retreated; never denied responsibility for anything rightfully belonging to him, no matter how odious it appeared to the people; never shirked an unpleasant duty; never hesitated to brave popular clamor if he thought his cause just. In America nothing arouses the enthusiasm of the realm more than an unflinch- ing exhibition of moral courage; hence Carpenter's friends were always proud of him, his enemies always admired and feared him, though they might not indorse his sayings and doings. He fought openly; joining enemies when they were in the right and admonishing friends when he thought they were in the wrong. He was not a student or disciple of policy, but moved forward according to his knowledge and his understanding. This often led him into counter-currents and out of his party lines, but it gave him a solid reputation for independence of thought and honesty of conviction that could not be attacked. When an infectious malaria per- vaded the public air, striking down whomsoever high and honorable it touched. Carpenter defied the scourge and ex- plained to the world that the Credit Mobilier was nothing to be feared, and was an imaginary monster that had in no man- ner whatever been an injury or loss to the government. He fearlessly stepped out of his party ranks and insisted that both the contending governments in Louisiana in 1873 were tainted with fraud and a new election should be or- dered by congress as the only fair means of settling the most vexed and dangerous state complication that had ever arisen in the Union. Althougli, in response to the general demand, he voted to repeal the pack-pay law, he was the only man in the United States who had the moral courage to appear before an angry and impatient public in defense of his vote to increase the pay of congressmen and to 522 LIFE OF CzVRPENTER. establish the rectitude of his purpose and the justness of his premises. There are many — not men of small calibre either — who believed these acts were impolitic, absolute mistakes; but nobody denied him the rewards of unmixed moral courage. As to the speech in defense of his vote for increased pay, some thought and still think it was an unfortunate substitute for silence. Perhaps it was, for himself; but it put upon record many important truths and historical facts that the public never would have known had his fearlessness of per- sonal consequences been as puny as that of his fellow-con- gressmen. Nevertheless, Carpenter did make mistakes. His vote against the confirmation of General Longstreet, when nominated by Grant for a public office, made him ap- pear sectional, and was, perhaps, unwise; but whether his defense of Belknap and his argument for Tilden were im- politic is a matter with which the public has no concern. They were, like other errors charged against him by his party, mere professional matters, to be wholly controlled as he saw fit. OFFICIAL INTEGRITY. Whatever else Carpenter's enemies had the hardihood to charge against him, they never could point to any act blem- ishing his public integrity. He passed through the eventful period succeeding the war, when enormous claims were trooping about Washington in seductive search of those who would excha^ige votes for pelf, without taint. The Stygian stream of corruption often crept noisome and noxious past his door, but found no secret entrance. A single in- stance, related by a former law partner, will illustrate the entire subject: While sitting with him in his private office in Washington one morning before the senate convened, a gentleman walked in, and, handing his card to Carpenter, stated that he wished to retain him in a case then pending in the supreme court, and laying down a $5,ooo-check, payable to Carpenter's order, remarked that on the following Wednesday he would call and pay A POWERFUL MEMORY. 523 him another $5,000. lie casually observed that two other eminent law- yers, whom he named, would argue the case, and that Carpenter would not need to participate in the argument The last remark attracted Carpen- ter's attention, and he requested the gentleman to take his $5,ooo-check with him; and if he concluded to accept a retainer, the whole could be paid at the next call. The next week the gentleman retui ned with a check for $10,000. But in the meantime it had been ascertained that the prof- fered client had a claim for $398,000 against the government then pending before the senate and referred to the judiciary committee of that body, and then referred to a sub-committee, of which Carpenter was chairman. The result was that the retainer was declined, with a sharp lecture upon the subject of retaining lawyers and paying them large fees for doing nothing. Subsequently the claim of this gentleman was investiij;ated in committee, and Carpenter made a report against the bill, which was defeated in the senate. A POWERFUL MEMORY. Nature gave originally to Carpenter a memory of peculiar grasp and tenacity. This rare gift he cultivated as much as any other that distinguished him, and thus made it a prominent characteristic. He rarely committed his popular or other speeches to writing, but revolved the subjects upon which he proposed to speak in his mind, arranging them in an orderly manner according to force and importance. Thus prepared, he never stumbled, repeated or forgot, or reversed the order of the subjects. In reading he trained his memory in a simi- lar manner. He made use of no scrap or note books, but, after perusing a theme, halted to digest the important points of it and ruminate upon facts and expressions. Sometimes, in fact, entire passages, pages or poems were committed to memory verbatim before going furtlier, and thus he not only strengthened his mind but crowded its store-house with the rarest gems of literature and the most important facts and events of history. Ilis mind in this respect resembled the ocean, toward which all streams, great and small, are ever flowing. The marvelous power of his memory to grasp, like an octopus, whatever it would, was amply illustrated, when, in 1866, tlie notable speech upon reconstruction and Negro 524 LIFE OF CARPENTER. suffrage made at the Janesville banquet to General Wm. T. Sherman, not being written, was, upon request, recalled three days later for publication, perfect in sentiment, fact, argument and form. But it was more astonishmgly, illustrated at New Orleans in 1873, when a speech of great eloquence and power upon the Louisiana election imbroglio, which occupied over two hours in delivery, was, after his ardor had cooled and the in- spiriting circumstances ©f the occasion had entirely passed away, recalled ' for a phonographic reporter without the loss of a premise, conclusion or illustration. The power to memorize reached back to Carpenter's early childhood. He could commit weekly entire chapters of the Bible to be repeated in Sunday school, and learn declamations without apparent effort. His greatest exploit in this direc- tion — referred to fully in the account of his childhood — was committing to memory in two weeks Webster's reply to Hayne, keeping up the regular studies of his classes at the same time. In debates Carpenter could recall all the points he desired to controvert, and during his entire congressional career never misquoted his opponents, no matter how man}* days had elapsed between their utterances and his replies. In the law his memory served him with equal fullness and accuracy. He could at any time, without reference to books, 1 Wm. P. Kellogg has thus decribed the circumstances :"The leading news- papers had arranged to lay before their readers a vcrbafitn report of the ora- tion, and the audience, as well as hundreds who had been unable to obtain admission, looked eagerly for a report of the address. It did not appear. From a partisan stand-point it was riot what was expected or desired. The wish of the people to read what he had said was communicated to Carpenter, and a stenographer was placed at his disposal. He consented to attempt to reproduce the address. Rapidly pacing the floor of his room, pausing every now and then to collect his thoughts and recall the surrounding incidents of the occasion, he dictated the speech, interruptions included, and it was published. Afterward the short-hand notes of his address as actually de- livered were procured, and it was found that the two speeches, uttered three days apart, without the aid of note or memorandum, varied scarcely the turn of a sentence or the substitution of a word," A POWERFUL MEMORY. 52$ make a resume of the great decisions of Justices Marshall, Shaw and Parsons and of the late noted members of the United States supreme court. Many lawyers have a habit of quoting from memory — that is, without referring to the actual text and reading from it — the decisions of eminent judges in such a manner that they will sustain whichever side of the case they may be ad- vocating, let the perversion and contortion necessary to do so be never so violent. This could not be done in any cause upon which Carpenter was engaged, as he would at once detect the falsehood, and turning to the opinion pretended to be quoted, read it as it was, thus convicting his opponent of the grossest of those numerous dishonorable tricks resorted to by mere case-lawyers. The value of this faculty was manifest at a very early pe- riod of his professional career. In 1849, during his partial blindness, he was, with the aid of E. P. King, trying a case at Beloit, in which John M. Keep, subsequently circuit judge, was the opposing counsel. As the trial progressed Keep read to the court an authority which both astounded Car- penter and destroyed his case. Utterly dumbfounded at such a doctrine, and knowing he had never seen it in the books, he asked the justice for the usual adjournment, which was granted. Going with King direct to the office, he began a search for the revolutionary doctrines given to the court by Keep, and in course of time discovered they had been read, not from that opinion of the court which carried judgment, but from the dissenting opinion of an eccentric judge. The controlling opinion sustained Carpenter's views. Therefore, when he went into court to complete the trial, the deception Keep had attempted to practice on him, his client and the justice, was exposed, and Keep himself received a wordy castigation from the blind but triumphant attorney, as well as the emphatic sibilations of the spectators. Carpenter won the case. 526 LIFE OF CARPENTER. Thus his power of memory served him in law, in equity, in debate, in public speaking, at the banquet, and in all so- cial gatherings — succored justice and enriched pleasures. A WONDERFUL VOICE. The English language furnishes no words with which to describe a beautiful sound. No pen, therefore, can fully set forth the charms of Carpenter's marvelous voice. Its range seemed to be even greater than that of his genius, and how- ever he used it — w^hether in exhortation, sledge-hammer argument, pleading, paying a tender tribute to the dead, or soothing a sorrowing child — there was no decrement of its singular dramatic power and sure effect. He possessed a soul of perpetual bondissement and good humor, and his voice was like it — always cheery, musical and winning. It was a welcome sound in every ear, and made life-long friends of some who never spoke to him until near the close of his career, and first then to confess they had been attracted by the music of his voice. It was said that Bishop Whitefield could compel his hear- ers to weep or laugh by the opposing intonations of his voice in uttering the word " Mesopotamia." Carpenter never at- tempted to confine his influence over an audience to the capabilities of his voice in uttering a single word; but his power over all, from the crying babe in its cradle to the aged listener to his strongest oratory, was not less remark- able than that of Bishop Whitefield. When he first entered the senate his face and form were not familiar to the galleries. On a certain occasion, the chamber had been packed by the announcement that a dis- tinguished senator would speak. When he had done, Car- penter rose. The great crowd did not know him, and commenced to pour out through the various entrances. He raised his voice, and swept the retreating throng with one or two of those beautiful gems with which he could always open a speech. The human stream halted, a moment was A WONDERFUL VOICE. 527 given to listeninrr, and a minute later all had returned to their seats, and the galleries became still and attentive. It was then that Schuyler Colfax, the Vice-President, said: " No mortal ever heard that wonderful voice and did not stop to listen." * The charm which Carpenter's intonations possessed for children was, as we have seen, remarkable. He was never trained to sing, and probably never learned the words of a song; nevertheless, when a child could not be soothed by mother, nurse, or other person, he could take it, and, walk- ing back and forth, sing a low song of his own composition, and never fail to bring rest and quiet. In public speaking his voice was peculiarly attractive and musical in its natural, unrestrained flow. The late John W. Forney said it was " a sweet combination of the notes of the flute and the nightingale," and Morton McMichael wrote: "His voice was one of singular grandeur; gentle as the strain of an ^olian harp in pathetic pleading, ringing clear as a fire-bell in persuasive argument, or rolling in thunder tones in well-rounded periods of rhetoric when addressing the masses or in the arena of hot-tempered debate." Carpenter's laugh was more completely beyond descrip- tion than his voice in speaking. It was like the sunlight and the showers that freshen and gladden everything in nature without eflbrt. It was clear, ringing, merry, magnetic and contagious. One of his partners, A. A. L. Smith, declared there was "nothing in the world like it — doors and walls could not confine it nor deprive it of the power to compel others to laugh with him." In 1859 a vivacious writer made a pen-picture of noted Milwaukee characters. It contains a description of Carpenter's laugh that is worth preserving: Stop, there comes some one up the path — a large man, with two hooks under his arm ; his hat jauntily on the side of his head ; his coat buttoned across his broad chest; his step elastic, with just the least bit of a swai^gcr in it; his face decidedly good-looking, if not handsome; long, brown hair, inclined to be literary in its direction, but a little neglige in its man- agement. Do I know him? Don't you? There, the "fourth edition" 528 LIFE OF CARPENTER. has fallen asleep and rolled off the steps into the mud, and our legal friend, as he sees it, bursts into a laugh of the most peculiar and unmistakable character. It is the quintessence of cachinnation. I know not whether it sounds most like a baby's prattle or the pouring of champagne into a deep wine-glass, but I never heard another laugh like it. Now you know who it is — Matt. H. Carpenter, of course. This good cheer of the voice was lost only in death, Carpenter's last words to his wife, shortly before passing to his final account, being uttered in the same cheery tones that through all his life had been the very stimulant of love and the soul. PECULIARITIES OF ORATORY. It is little enough to say that Carpenter was one of the most popular orators of his time. He was not so ponderous as Webster, not so classic as Everett, not so volatile and flowery as Sargeant Smith Prentiss, not so fiery as Henry Clay or E. D. Baker, yet he possessed such a degree of all these attributes, together with charms of voice and grace of manner purely his own, as to make friends of every audi- ence and carry his hearers whither he would. He did not render his utterances soggy by quotations from foreign tongues or by labored injection of words of remote, specific and uncommon meaning. Simplicity of language and lucidity of statement brought himself and his hearers into close and easy communion, and carried them through to the end delighted and refreshed. When a young and ambi- tious lawyer of Fond du Lac wrote him, asking how to become an orator, the reply was, " study only to be clear." Jeremiah S. Black, one of the kings of the forum, described Carpenter's oratory: He was gifted with an eloquence stn goien's. It consisted of free and fearless thought wreaked upon expression powerful and perfect. He often warmed with feeling, but no bursts of passion deformed the symmetry of his argument. The flow of his speech was steady and strong as the cur- rent of a great river. Every sentence was perfect; every word was fitly spoken; each apple of gold was set in its picture of silver. This singular faculty of saying everything just as it ought to be said was not displayed PECULIARITIES OF ORATORY. 529 only in the senate and in the courts; everywhere, in public and private, on his legs, in his chair, and even lying on his bed, he always "talked like a book." Carpenter himself has left a description of oratory: There are two classes, into one or other of which all great speeches fall. There is the analytical method, by which the whole is first resolved into its parts or elements, and the fragments are separately shown to the audience, and then put back into the construction of the whole, or the speaker's theory of the whole, one by one, as a mason lays brick upon brick in a wall. This is an appeal to pure reason and approaches a mathe- matical demonstration. It ch.illenges examination of every element of a theory — it hands each brick over to be examined by the audience. When each has been weighed, tested, measured, fully known, then the construc- tion of the theory- wall commences; and having thus examined the mate- rial and witnessed the construction, the result stands forth, not a matter of belief, but of knowledge. No man can satisfy 30U that the brick wall, which you have thus followed in its construction from materials and ele- ments to the final result, is anything else than just what you have seen it and know it to be, unless he can first satisfy you that you are either crazy or a fool. The other, the rhetorical method, is exactly the reverse. The details ot a subject, the elements and processes of a theory, are all concealed, and the speaker seeks to fascinate and mesmerize a congregation, lull their reason, arouse their feelings and emotion*, and rush them pell-mell to the desired conclusion. Such a trip is sometimes very agreeable to the hearer. He listens, or thinks he does — rises and falls in cadence with the orator, is borne along in a gaudy chariot, carried by the power of impassioned elo- quence over all doubts, laughs at all difficulties, and when he is set down at a definite point, wonders first how he got there, and second, whether he is standing on clouds or the firm fixed earth. Both these metliods have the same end in view ; both aim to win assent to some proposition or theory. One satisfies, proves and convinces; the other amuses, cajoles and persuades. The former method was Carpenter's, and he describes it in the performances of his dear friend, Father Richmond: The first ten minutes of a sermon were occupied with short sentences; the foundations of his arguments were slowly and carefully laid, and the structure of his theory arose upon it as regularly, and stood as firmly and was as plainly seen, as a marble palace upon its foundations. The beauties of his sermons were beauties of proportion, symm.try, adaptation, not artificial ornaments and figures of speech. So that by the time he began 34 530 LIFE OF CARPENTER. to grow excited, when his eye began to blaze and his cheek to grow pale, when he began to roll the thunders and dart the lightnings of his genius, you had been prepared for it; he had raised you up, had made you ashamed of the littleness of this world, and, for the hour at least, had stilled its ambition, its jealousy, its animosities; he had magnetized and inspired you; and speaker and hearers seemed to rise together into a clearer air and a higher life. Thomas F. Bayard says the " easy flow, the careless grace and persuasiveness of Carpenter's methods and manner of reasoning, his felicity of diction and pleasant elocution, all combined to win assent, and render disagreement from his propositions a difficult task." With a popular audience, how- ever, his earnestness — for he believed what he said, or said what he believed — had an effect not less than that of any other attribute of his oratory. His general appearance, too, contributed materially to his success on the rostrum. Instead of assuming a frigid dignity and a lofty bearing which some have mistaken for greatness, he came among the people like sunshine after a shower — smiling, pleasant, frank and friendly — diffusing good nature wherever he went. In sultry weather on the stump, he frequently dis- carded his coat, entering upon the task as a farmer begins the harvest or fallow, free from cumbrous restraints. And there was a charm in his very manner of doing these things. He could, it has been aptly said, " take off his coat like a king." There never was a Wisconsin man who could stir en- thusiasm, call out audiences and leave behind such lasting effects as Carpenter. In congress he was called the most perfect orator of the senate, and before the United States supreme court was noted for the mellifluous beauty of his delivery. As a debater he was equal to every emergency, ready for any attack and able to parry almost any thrust. Nothing seemed to excite his anger and he never resented the anger of others. In fact, as attack grew more vehement, furious and spitefujj.he became more good-humored and smiling. PECULIARITIES OF ORATORY. 531 Thus, with but the slightest forensic effort, he frcciuently came off victorious from tiie placid evenness of his temper alone. Anger he knew to be a dangerous and self-destruc- tive weapon in oratorical combats. In this respect Moore's scintillating tribute to Richard Brinsley Sheridan may be ap- plied to Carpenter: " Whose humor as gay as the fire-flv's hght, Played round ev'ry subject, and shone as it played; Whose wit, in the combat, as gentle as bright, Ne'er carried a heart-stain away on its blade." He ever could utter, upon occasion, many beautiful and touching sentiments. They gathered as much from his voice and pathos as from any form of construction; so their loveliness and tenderness can not be reproduced in mere words. No one who has not sat beneath the influence of his eagle spirit and flute-like voice can appreciate his orator- ical powers. « Nature planted in his soul the genius of elo- quence," says Andrew J. Aikens, "and each listener is charmed with the music of his words as with a bubbling fountain amid the verdant hills of his native state." Carpenter's eloquence could be impassioned as well as» beautiful, as all know who passed through the trying and turbulent hours of the Rebellion. As the muezzin's tiirillinf cry called the faithful to prayer, so the clarion notes of his patriotism, like a voice from Sinai, rallied the people to valor for freedom and an undishonored Union. How, lired by his pleas, the fields, the shops, the factories and the schools poured out their hosts to crowd and strengthen the broken ranks of freedom ! How the patriot citizens gathered at the polls to sustain a bleeding but glorious government! But he could be soft, soft as the touch of childhood, tender as the voice of love. " And when he spoke Sweet words like dropping honey he did shed; And 'twixt the pearls and rubies softly broke A silvery sound that heavenly music Seems to make." 532 LIFE OF CARPENTER. CHAPTER XLVI. PHYSICAL APPEARANCE. Few men possessed a more graceful figure than Carpenter, or one so certain to arrest the attention and command the ad- miration of every observer. As a child he was distinguished for extraordinary beauty. His skin was as fair as that of a girl, his hair soft and wavy, his cheeks and lips a rosy red, and his eyes, of a deep, clear, liquid blue, were large and ex- pressive. It was common to hear people exclaim that Merritt Carpenter was the most beautiful boy they had ever seen. When he arrived at Beloit, at the age of twenty-four, there was no more winning or attractive young man in the state of Wisconsin. His figure was tall, straight, well-proportioned and supple, surmounted by a large, shapely head that seemed invested with a nobleness not easy to describe yet always certain to be noticed and admired. Above all was a magnifi- cent crown of thick, slightly wavy brown hair, which, though quite unmanageable on account of a large " cow-lick," was nevertheless a decidedly marked and attractive feature of his tout-ensemble. He always wore his hair rather long, which became, as he grew older, a more perfect adornment of his massive head and heavy stature, and gave to him that half-noble, half-dis- tinguished and withal picturesque appearance so pleasing to those who saw him in public debate or on the rostrum. As it began to grow gray its effect was still more striking, lending that leonine aspect which moved Geo. W. Peck, the humor- ous editor, to denominate him the " Young Lion of the West." Charles G. Williams, in his memorial address, said : " He did indeed, sir, walk with the port and majesty of a king." On the same occasion Geo. C. Hazelton said: He was a most attractive man in his physical development. Nature rarely fashions into manhood a form so perfect and a presence so command- PHYSICAL APPEARANCE. 533 ing. It was my good fortune in boyhood days to look upon Mr. Webster and hear him address a popular audience in New England. His great utter- ances still echo in my ears, and his Godlike mien, in all its varied powers, still remains a bright picture on the walls oi' my memory. No man ever saw and hoard Carpenter under like circumstances that did not retain the impression of his great presence for a life-time. I bear him in remem- brance as he appeared in the majesty and beauty of his manhood's strength, when his shoulders seemed broad and strong enough to bear the weight of nations, and " his look drew audience still as night or summer's noontide air." I bear him in remembrance as he came in the days of war from the forum of justice to the tribunes of the people " To speak the word Which wins the freedom of a land, And lift for human rights the sword That dropped from Hampden's dymg hand." When Reverdy Johnson first saw Carpenter enter the chamber of the United States supreme com-t at Washington, with that peculiar stride, slightly tinged with military sharp- ness, yet overflowing with independence and self-conscious strength, he exclaimed: "There comes one of Nature's noblemen — a very lord; you can feel the power of his pres- ence in the air." In the senate of the United States, his physical appearance attracted the attention of the galleries as soon as that of any other senator, Roscoe Conkling and Charles Sumner not ex- cepted, and his prominent figure brought to the lips of every stranger the involuntary inquiry, " Who is that gentleman ? " He brought from West Point a semi-military air which a military man would not fail to recognize at once, but which he assumed naturally and unconsciously. It consisted in the measured regularity of his step and the half-dashing, non- cJuilant manner in which he wore his luit and coat, the latter always fastened tightly across his broad chest, whenever he appeared in public or upon the streets. His face, so rosy and fair in youth, grew broader and / heavier, and stronger in its betrayal of mental characteristics, as manhood advanced. In complete repose it was not par- ticularly striking, except for its evidences of latent power; but 534 i-IFE OF CARPENTER. when lighted up by the play of all those passions and forces which constituted his prowess as an orator, it became a face whose unusual beauty, nobleness and clear reflections of gen- ius can neither be delineated nor forgotten. It was adorned with no beard except a moustache, which had a graceful droop, like that of an artist, save when trained, as it fre- quently was in later years, to stand out conspicuously mili- taircmcnt. There was a certain tieglige about his dress and make-up that indicated greatness, pictured a man above the technical- ities and frivolities of a fop. This, together with his lordly com^ortement^ his large head, his robust ■physique, and the military air of his coat, gave him a distinguished appearance, in every sense of the word, that was matched by hardly one of his contemporaries at the bar, in the senate, or on the rostrum. Sometimes, in his most playful moods, when there seemed actually to be no limit to his mirth and wit, when he turned popular audiences into tempests of laughter, warmed the august solemnity of the supreme court into the smiles of comfortable good humor, or in the senate played like a very necromancicii upon the foibles, deflections and inconsistencies of his opponents, carrying destruction and disaster in the brilliant stream of his rancorless vivacity, he would stand mo- tionless upon the floor, with both hands easily thrust into his pantaloons pockets. There was no other man in the United States senate who could assume that attitude without ap- pearing provincial. With Carpenter, however, it seemed to add a rich flavor of fun and waggery to his humor. He was no dissembler, took on no cloak of austerity or dignity, nor attempted to force the public to believe he was profoundly wise by going about wrapped in the owl-like plumage of solemn silence and dismal gravity which so often pass for statesmanship and wisdom. Thus, assuming noth- ing, doing all things in the perfection of natural simplicity, the very absence of those tricks in him whose presence in PORTR/UTS. 535 Others allowed them to seem great, proved clearly to all the world that Carpenter was indeed great. During the last two years of his life Carpenter's physical appearance, through intense pain, sullcred a complete, and to those not permitted to observe the gradual transformation, a startling change. Ilis hair and moustache grew silvery white, his weight was greatly reduced, and his lace assumed that waxy, translucent semblance which struck sadness to every heart, and contrasted as strongly as sunlight and darkness with that rich glow and sturdy outline so remarked and ad- mired in former days. PORTRAITS. Eccentricity was not an attribute of Carpenter's character. He had likes and dislikes, however, and one of them was the interest he took in sitting for photographs and portraits. Nevertheless, among the hundreds of his pictures extant, there is hardly one that is a creditable likeness of him, owing to the extraordinary mobility of his face. In April, 1858, Samuel M. Brookes, of California, had a studio in Milwaukee, next to the office of E. G. Ryan. Early in that month Ryan said to Brookes that Carpenter desired good portraits of his wife and baby, at the same time advis- ing him to go to Beloit and receive the commissions. " And by all means," said Ryan, " paint Matt, life-size and hand- some as he is." Acting upon this advice Brookes went to Beloit and painted Carpenter, who gave several sittings at his room in the hotel, and watched the progress of the work with peculiar interest. That portrait, which was pronounced a good and life-like representation, is preserved by the family. It shows him with beard upon his chin. During the Rebellion Fred. S. Perkins, of Burlington, Wisconsin, painted a vivacious and dashing portrait of Car- penter that was very popular. It clearly and strongly sets forth the knight he was in those perfect days of physical and mental prowess. In repose the face of Carpenter was rather sad. In 1879 536 LIFE OF CARPENTER. he sat for a portrait in oil to F. A. Lydston, of Milwaukee. The artist encountered considerable difficulty in catching the proper expression, and, to use his own words, " found him- self, despite all efforts, turns and tricks, making a sleepy senator." He then related an incident in the career of a well-known artist of other days who had a sitting from a distinguished official in Washington. As the painting pro- gressed the official dozed off into a sound slumber. The artist, at once a man of genius and convivialit3% took advan- tage of his patron's nap to go out and exhilarate his spirits. The exhilaration proceeded to such a degree that the painter was unable to return, and the sitter w^as compelled to pass the night amidst the paints, oils, old skulls and bric-a-brac of the studio. The story had the desired effect. Carpenter began a series of anecdotes, his face lighted up, and the artist secured a satisfactory expression. This portrait, for which Carpenter sat three times, is the possession of Emil Durr, a Milwaukee lumber merchant. In 1 88 1, after the death of Carpenter, the legislature of Wisconsin adopted a resolution authorizing Governor Wm. E. Smith to have made and framed a life-size portrait of him for the gallery of the Wisconsin State Historical So- ciety. The commission was given to Fred. A. McEntee, an artist of Wisconsin, and the portrait occupies a conspicuous place in the state capitol. Mrs. Adele Fassett executed a life-size crayon portrait of Carpenter during the last weeks of his life. It is one of the best ever made of him. The frontispiece of this volume is taken from that portrait, and pictures him just as he was in December, 1880, two months before death. It sets forth better than any other representation the fine shape and pre- dominating intellectuality of his great head. CHARITY. Carpenter's charities were as boundless as his opportu- nities for their bestowal. No single person can relate them. CHARITY. 537 They were not spasmodic, not exclusive; but cosmopolitan and continuous. At the death of Henry J. Raymond, it was said that "the dews of charity which he had been sending all over the land, for twenty years, had risen in a cloud, which settled over his grave and poured itself out upon the canonized tenant." If all the children of poverty whose pil- lows have been softened, hearts gladdened and suilerings relieved by the showers of Carpenter's mercy were to gather with garlands about his grave, it would be such a demonstration as mortal eye hath not yet looked upon. The portion of the Bible which he always obeyed was- that enjoining charity to the poor which are always with us, for " whoever shall give to drink unto one of these little ones a cup of cold water only, * * * he shall in no wise lose his reward." But his gifts were not the part of a mere out- ward programme, to be seen of men. He obeyed rather the Scriptural injunction, " Let not thy right hand know what thy left hand doeth." He gave because it was one of the sweetest comforts of his life — the spirit of his religion. The mere bestowal of material aid, however, was but a small portion of his bounties. He halted at every plaint of woe, listened to every recital of misfortune, and delivered, with the golden trophies of his purse, the sympathy of his tender heart, the hope of his buo3'ant soul. Often and often has he been seen to stop in the midst of engrossing profes- sional labors to take in his the uncleansed hand of a be<;ijar child, while listening to a story of sorrow; then bestowing words of hope for the future and a crisp bank bill for the present, dash a tear from his eyes and plunge again into the intricacies of his task. One of his former law partners relates: Frequently I have known him to give a common beggar a five-dollar bill. When I suggested to him that the person upon whom he was about to bestow his liberal charity was a notorious beggar and well known in Milwaukee, his only reply was: "Well, he does not look as though his begging had been very successful." And he gave the fellow a couple of bank bills from his pocket 538 LIFE OF CARPENTER. As we have seen, the Irish and the colored people every- where loved Carpenter. It was because he was as generous to them with kind words as with his dollars. A Negro hack-driver in Washington was engaged by him to give a pleasure drive to some visitors from the west. At the end of the service he handed out a ten-dollar bill and departed with- out waiting for his " change." On the day following the driver went to Carpenter's office to return his balance of the ten dollars. Carpenter was busy. Glancing up he recog- nized the driver, and, saying half-apologetically, " Well, well; did I forget to pay you yesterday ? " handed out another ten- dollar bill. One chilly November evening Carpenter and several dis- tinguished friends were talking upon the balcony of his favorite Washington hotel, when directly under them a beggar girl and her mother halted to ask alms. The sweet voice of the child broke forth in the plaintive melody, " Out in the cold world, out in the street, Asking a penny of each one I meet." Turning abruptly from the conversation of his companions, he leaned upon the balcony in attentive silence. As the little prayer-song drew to a close, he reached over and dropped into the lap of the child a ten-dollar gold-piece. Marshall Jewell, who was present and interested in Carpenter's actions, inquired if that was not an unusual gift. " Oh," replied the giver, " you don't know how much pleasure that gold will bestow upon the child, and I shall never miss it." John A. Logan, in dwelling upon Carpenter's goodness of heart, in his memorial address said: Sir, his nobleness of character and greater tenderness of heart made him beloved by all who knew him well. Frank and cordial in his greetings to all, he was ever ready to extend a helping hand to those in need. The last time he was out of his home was to ask that an unfortunate friend be given employment. He had been very ill, but was convalescing when this person appealed to him to make the effort in his behalf Mastering by his great will-power the physical weakness of the hour, he ordered his carriage, and by the assistance of a servant entered it and drove to a department in this CHARITY. 539 citj, sought the chief, and earnestly presented his friend's cause, and, as one can imagine, was successful ; returning home much exhausted, he took his bed never to rise again. H. L. Humphrey, representative from Wisconsin, who knew him well, is not less eloquent than Logan : The great orator and statesman was generous and kind. His deeds of charity were many. He would defend the poor man with all his wealth of learning and eloquence when no fee could be expected. His early strug- gles with poverty had put him into sympathy with the unfortunate. His goodly nature, aside from his personal experience, had made him the friend and defender of the poor. The eminent lawyer and accomplished orator was at the same time the ready friend, the kind, sympathetic supporter of him who was ready to perish. Herein was honor. Hence shall come the sweet memories of noble deeds, following into the distant future the name of him who performed them. " The drying up a single tear has more Of honest fame than shedding seas of gore." In a chapter on " good hearts " the Washington corre- spondent of the St. Louis Democrat once related this char- acteristic tale: One day during the special session of 1871 — a sweltering day in June — Carpenter had made a speech on the Alabama matter, and returned to his lodgings tired and out of breath. Fahrenheit marked one hundred degrees in the shade. The air was still, and shimmered over the hot brick pave- ments as from an oven. It was not a day for good nature. Matt, had just laid down on a lounge to smoke a cigar and incidentally to go to sleep, when "cling! clang! cling!" went the door-bell. Matt., hiding his discomfiture, cried cheerily: "Come in; come in!" The visitor was a fine, decent owld Irishwoman, between fifty and sixty, or thereabouts. She looked tired and worn. She had walked into town from somewhere up in Maryland, about twenty miles. "And is this Sinator Cairpinter; Lord bless him?" she inquired. "Yes, madame; can I do anything for you? " responded the "sinator," in his blandest tones. "Maybe ye moight," said the woman. "Ye see, sinator, I am a poor Irish woman. Me husband got sick in the war, and he niver has been able to do much since, and I've had a hard time of it to get along, with all the doc- tor's bills to pay, and — " " Well, well. Here's a five-dollar — " "Ah, Sinator, Ochone, it isn't begging I am, and I wouldn't handle a u hip o' yer money — it's only a chance to work like a daccnt woman I 540 LIFE OF CARPENTER. want, and they towld me that Sinator Cairpinter waz a good-hearted man, and if I went and towld him me story, he wud help me to get a place in the trisury departmint." "Treasury department," broke in the astonished senator, " what can you do in the treasury department?" And he began to imagine that the woman was either crazy or that some practical joker had sent her to him. "What can I do in the trisury departmint, is id? What can I do? Why, scrub, scrub the floors; what else?" "Scrub! " said Matt, "well here is richness. An old Irish woman seek- ing senatorial influence to get a job of scrubbing! Just you wait till I put on my boots and hat, my good woman, and I'll see what can be done for you." And in about five minutes the Wisconsin orator was on his way to the temple of the exchequer with his froiege. The senatorial influence was potent, and if you call at the treasury department and inquire for the woman who holds her position at the request of Matt. Carpenter, they will show you a fine dacent owld Irish woman, with gray hair and wrinkled face, who mops the floors and scrubs the stairways, and she is Matt.'s " lady friend" there. Ed. F. Carpenter, of Janesville, Wisconsin, a half-brother, feelingly writes: "Outside of my own household there is no name in the world as sweet as Matt.'s. Whatever I am I owe to him. He brought me from my mountain home in Vermont and sent me through Beloit College at his own and at no very small expense." Years before he paid the expense of keeping one of his sisters in school at Waterbury and afterward purchased a farm for his father at Warren, Vermont. E. W. Keyes recollects that he once sat on the veranda of Willard's Hotel, in Washington, with Carpenter, when a wandering band of Itahan musicians stopped and played be- fore them. At the close of the music a rich-skinned, black- eyed girl came shyly along with a hat for dimes. Carpenter tossed her a five-dollar bill. As she bounded away to ac- quaint her companions of their extraordinary good fortune, he exclaimed with keen satisfaction: "Just see how happy I have made them! " The gift was a source of greater pleas- ure to him than to them. He gave very largely toward building and supporting vari- CHARITY. 541 ons churches and contributed far more liberally than any other man of equal means to the endowment fund of Beloit College. It is related that a poor blind man named Campbell, hav- ing the title to his little homestead brought into question, went to Carpenter for help to defend it. The issue was tried in the inferior courts and decided adversely, but Carpenter paid the costs, cleared the record and carried the suit to the supreme court. There he was successful, and in due time returned with a clear title to his client's little nest. On en- gaging him Campbell promised: "If you can keep my property away from the rascals who are now after me, I will deed it to you." Immediately after the suit was decided the old man groped his way to Carpenter's office and asked whether the necessary papers for the promised transfer had been drafted. "Yes," said his attorney, "here they are. Take them home to your wife, and if they are all right, sign them." He returned home and there found them to be receipted bills for Carpenter's services and all the expenses of the various suits, together with a confirmed deed of his homestead. A blind man's joys, like his woes, can not be described. When he went to express his thanks, Carpenter replied: "I was once sightless and helpless like yourself. If any but the Almighty knows what human kindness is, I know ; and I would not take your money though I knew it to be my last earthly hope of a dollar." On one cold Christmas morning, just as he entered his office in Washington, a thinly-clad woman, with tear-stained and sorrowful face, came and inquired for " the good Sena- tor Carpenter." Robert^ brought her at once into the pri- vate office. "Merry Christmas to you! my good woman. What can I do for you?" cried Carpenter, affecting no notice of the traces of her troubles. " Oh, sir," she said, bursting into tears, " my landlord, Mr. , has just turned me 1 Robert Strahan, for many years Carpenter's faithful valet. 542 LIFE OF CARPENTER. and my children out of the house and is putting our furniture into the street because I could not pay last month's rent." Rising up suddenly and hesitating a moment to recover from his utter astonishment, he exclaimed: "Great God, father of the poor! Is it possible that on this beautiful Christmas day, the morning on which Christ was born, there can be found in Washington a wretch who could turn a tenant into the street for non-payment of rent? And a widow, too, with clinging babes! Here, my poor woman, is twenty dollars ; it is all the money I have. Pay it to the rascal and tell him to put your goods back into the house. Tell him, too, I will attend to his case to-morrow." The hard-hearted landlord had an early visit from Car- penter next day, and it may be recorded that he has never repeated that unrighteous and unpardonable Christmas episode. Instances like this might be multiplied ad infinitum. After his death, Mary, the well-known Washington apple-woman, appeared at the funeral and with tears flowing freely, ex- claimed: "Oh, and is he dead? He was such a good man. He always bought apples of me, and never took any change!'''' Carpenter is now taking his "change" where "neither moth nor rust doth corrupt, and where thieves do not break through nor steal." That man may last tut never lives Who much receives but nothing gives; Whom none can love, whom none can thank, Creation's blot, creation's blank." RELIGIOUS VIEWS. 543 CHAPTER XLVII. RELIGIOUS VIEWS. Carpenter contained abundant material for a devout and exemplary Christian — or, rather, church-member, for he was in fact a Christian, He was naturally religious in his tendencies, and, in the presence of solemn ceremonies, or beneath the teachings of an eloquent and earnest divine, the depth of his sympathies never failed to become manifest. As he execrated formalities in friendship and charity, so he neg- lected some of those outward forms of worship which often advertise to the world a hypocrite or an impostor. He was, nevertheless, a believer in the truths of the Bible and the divinity of Jesus Christ. All the acts of his private life be- tween himself and others were measured by the golden rule. He was a believer, but did not think well of making an outcry about it. He once said: " A record of good deeds will comfort us all in this world, and no one will stand the worse for it in the next." " Even so faith, if it hath not works, is dead, being alone. Yea, a man may say, Thou hast faith, and I have works ; show me thy faith without thy works, and I will show thee my faith by my works." Superstition drives many into the church and into religious ceremonies; but Carpenter was not one of them. He had a mind capable of deep reasonings and great conclusions. He knew that the teachings and philosophy of the Child of Bethlehem were far beyond those of ordinary men. No one better understood the weaknesses of the flesh, and the neces- sity of having some lofty sentiment or noble profession to hold nature in check and diminish the trespassings of error. He was a diligent reader of the Bible from early childhood, and, after practicing its precepts liberally, passed to " the hereafter of hope and faith," as he so often expressed it, in perfect peace and confidence. 544 * LIFE OF CARPENTER. He carried with him to West Point a small Bible, which gives evidence of liberal use, and on the jfly-leaf of which he wrote: ^ United States Military Academy, West Point, N. Y., November 25, 1843. I commenced the New Testament August 31, 1843, on leaving camp, and have read the last chapter ot the same this evening. • Even before this. Carpenter had theorized upon the breadth of genuine Christianity, and arrived at broader con- clusions than form a part of any church creed. In a speech on that part of the civil rights bill proposing to secure church privileges to colored people by law, delivered in the senate in 1871, he made reference to those early conclusions: I am not speaking from an impulse of prejudice. I could worship beside those of different nationalities, and with men of color. One of the most impressive scenes I ever witnessed — one that made a lasting impression upon my mind — I recall in this connection. The first time I ever left my New England home, while a mere lad, I went to Montreal ; and on a bright Sabbath morning, without knowing whither I was going, I fell in with the moving crowd and found myself in the Catholic cathedral of that city capa- ble of holding several thousands. There I found a vast multitude of wor- shipers. There was the governor-general of the province, with high officers of state, mingling indiscriminately with the people. There were officers high in military rank and private soldiers, naval officers of distinction and common sailors. There were Englishmen, Frenchmen, Spaniards, Italians, Negroes, and Indians. No special accommodations for any; no purple cushioned seats for men in authority; no red cushions for men of wealth; no uncushioned benches for men of less degree. Indeed, no seats at all. All stood upon the common level of a stone floor; and when the tinkling of the silver bell was heard and the host was exalted, all knelt upon the same floor. I never realized before, as when I saw it then illustrated, that of one flesh God had made all the nations of the earth. I never appreciated so fully before how completely our holy religion ignores the artifical distinc- tions of society. That realized my idea of a Catholic communion, and represented to mv apprehension that God is so far above man that artificial and accidental distinction among men are forgotten in His acknowledged presence. Benjamin Nute, an early graduate of Beloit College, says the first time he ever heard Carpenter speak was in 1848, during a series of revival meetings in that village. The FAVORITE DIVINKS. 545 young attorney was present every evening and generally oc- cupied a front seat, the observed of all observers. He sat leaned sharply forward, eagerly drinking in every sentence that fell from the lips of an eloquent, old-fashioned exhorter, and did not fail to manifest his approbation and pleasure at any apt exposition of Bible truth or enunciation of broad Christian doctrine. At the close of each night's preaching a general request for remarks was put forth by the exhorter, and Carpenter made two or three responses, devoting a few minutes to explaining, as he understood them, certain pas- sages of the Bible, and applying them to what he thought ought to be the true code of Christianity. These brief re- marks attracted public attention because of the freshness and beauty of their expression and the soundness of their logic. Shortly after this, during his months of blindness. Carpenter had the Bible read to him by the hour. It is probable that all the favorite chapters from which he quoted freely without reference to the text, in after life, were fixed upon his memory during that period. But he never ceased to resort to its pages, and when at home frequently read from the New Tes- tament those passages which he declared contained the most profound philosophy, the most perfect law, the greatest liter- ary skill and the most lucid statements that had ever been given to man. So familiar was he with the very spirit of Holy Writ that in court or upon the rostrum he could seize upon matters that came up unexpectedly, and clothe them, like the magic appearance of the rainbow in a storm, with the revered vestments, the sanctified halo, of Divine Scripture. FAVORITE DIVINES. Carpenter often said that upon the evidence^ judicially con- sidered, he was, and could be, nothing less than an orthodox Christian in his religious beliefs. He was familiar with nearly all the religions of the world, knew many divines well — some of them intimately — and , loved i to entertain 35 i 546 LIFE OF CARPENTER. them. He was strongly attached to the eccentric and able Father James Cook Richmond, whose murderers he went a thousand miles to prosecute, and was an active supporter of him and his church. He was, perhaps, more intimate with Hugh Miller Thompson,^ now assistant bishop of Mississippi, and was on very friendly terms with Dr. De Koven and the 1 professors of Nashota House. Although he mingled freely with the Episcopal church, and entertained its divines, he was very fond of the late Archbishop Henni, and often said if he should ever join any church it would be the Roman Catholic. LETTER TO DAVID SWING. Some months before his death Carpenter wrote a letter to David Swing, of Chicago, upon the subject of religion. Un- fortunately, Prof. Swing's publishers destroyed the original letter, but in one of his sermons an extract is preserved: Whoever will read Cicero's Twilight Speculations about " Duty and the Future Life," remembering that perhaps he was the fullest man of antiq- uity, the ripest scholar and student of the highest period of Roman civil- ization; and remembering that from the birth of Caesar to the birth of Christ the only change that came to civilization was a decline, and that Jesus belonged to an out-of-the way people — a people apart from the high tides of human greatness — and then will read the Sermon on the Mount, can not, I apprehend, escape the conclusion that the difference is not one of degree but of kind. That Jesus, surrounded as he was, could have pro- mulgated a system of morals embodying all that is most valuable in the prior life of the world, of which he could have known nothing, and to which nineteen centuries of civilization have been unable to add a thought or impart an ornament, is a fact not to be explained by any ridicule.2 1 Carpenter and Thompson spent much time together discussing the Bible, dissecting the religious history of the world, and imparting new ideas to each other. Although they agreed closely in their general beliefs, it was a mutual feast to dwell upon religious topics of an evening until long after the outside world had sunk to slumber. 2 The following letter discloses how this con!'ession was drawn from Mr. Carpenter : Chicago, Illinois, July iS, 1SS3. Dear Sir: — Senator Carpenter, while in Washington, read in some daily a sermon of mine in which Christ was set forth as the great moral "I BELIEVE THIS." 547 "I BELIEVE THIS." In a volume of English biographies Carpenter wrote under the following passage from a speech of Lord Erskine de- scribing how God will judge men on the last day, these words, "I believe this:" Holding up the great volumes of our lives in his hands, and regarding the general scope of them ; if He discovers benevolence, charity and good will beating in the heart, where He alone can look; if He finds that our conduct, though often forced out of the path by our infirmities, has been in general well directed; His all-searching eye will assuredly never pursue us into those little corners of our lives; much less will His justice select them for punishment, without the ge;neral context of our existence, by which faults may be sometimes found to have grown out of virtues, and very manj' of our heaviest oflfenses to have been grafted by human imperfection upon the best and kindest of our affections. If the general tenor of a man's life be such as I have described it, he may walk through the shadow of death, with all his faults about him, with as much cheerfulness as in the common paths of life; because he knows, that instead of a stern accuser to expose before the Author of his nature those frail passages which * * * checker the volume of the brightest and best spent life, His mercy will obscure them from the eye of His puritj-, and our repentance blot them out forever. On Monday evening, August lo, 1874, Carpenter was chosen to present to the Young Men's Association, of Mil- waukee, Lydston's portrait of the late Sidney L. Rood, an eccentric but philanthropic banker. Rood was a man who carried food and fuel to the doors of the poor by night and in secret, and in closing a beautiful tribute to his noble qual- ities Carpenter affirmed that he " had no doubt God had seen the secret charities of his dead friend and would re- ward them openly." Leader of the human family. He sat down and wrote me a large four or six- page letter regarding the divineness, the supra-human quality of Jesus. He was fully assured that Christ was not simply a man. We were both strangers to each other, but in some train of deep ponder- ing over the problems of faith he used a quiet night hour, perhaps, in pouring out to me several pages of his life-long convictions and oft-return- ing meditations. With kind regards, David Swing. 548 LIFE OF CARPENTER. In a speech delivered when the corner-stone of the Taylor Orphan Asylum was laid, Carpenter exclaimed: " The poor want less talk and more bread; the world needs less doc- trine and more religion; less of form and more of substance; less of the pretending and more of the reality of Godliness and charity." One of the last letters he wrote to his sister, Mrs. Taylor, of St. Paul, was in answer to congratulations from her on his second elevation to the senate. It was under date of Jan- uary 27, 1879, ^^^ among other beautiful things said: "I have always regretted that our paths in life have been so divergent. But this life is only an ante-chamber to the great reunion which will know no end, in the good time coming." Those who thank God that they are better than other men may say what they please about the technicalities of Carpenter's religion; it certainly was of that kind which made the world better and happier. It relieved suffering and want, cheered the sorrowing and aided the unfortunate — gave him hope and happiness through life and peace and faith at the coming of death. What creed can do more? WITHOUT MALICE It may be claimed that Carpenter was the best example of an organization without malice that has ever appeared prominently in American public life. Perfect control of tem- per and an unending flood of good humor under all circum- stances were his most powerful weapons in defeating an aggressive antagonist, or in winning the sympathy of an audience. The Bible proverb that " He that ruleth his spirit is greater than he that taketh a city," was never more con- spicuously exemplified than in Carpenter. Of this quality Allen G. Thurman has said: And what a wonderful command of temper he possessed! I have seen him in the most heated discussions in the senate, in committee, and at the bar, when the coolest and most experienced man might have been excused for an angry word, or, at least, an angry look, and yet I can not recall a WHO IS WITHOUT SIN? 549 single instance in which he lost his temper. Had this self-command been the result of a cold temperament, a want of proper sensibility, or an un- feeling heart, it would aflbrd no theme for commendation. But when it was found in a man of an ardent nature, of the keenest sensibility, and of the warmest affections, too much can scarcely be said in its praise. That absolute lack of rancor was a perpetual chcval-de- frtse, guarding him from savage attack and angry retort where others would have been whelmed with both. The Tartar warriors often imprint their names upon their poi- soned arrows. If Carpepter sent forth arrows, he, too, sent his name upon them, that the arm which shot them might be known; but they were winged with pleasantry and good humor — not dipped in malevolence or venom. None of his numerous victories were ever followed by the barbarian shout of " Vce victesf'' Friends and foes met equal consid- eration, and to the conquered he was especially kind. A venerable sage, Andrew E. Elmore, rarely visits the capitol at Madison without contemplating a large portrait of Carpenter which hangs in the building, always exclaiming with tenderness: "Oh, but Matt, had a good heart, a good heart f^ A distinguished writer has said that "if Carpenter had been born a king he would have ruled his subjects with a sceptre of love. In his right hand he ever carried gentle peace to silence envious tongues. All the world knew his faults as well as his virtues. There was nothing hidden in his nature. The life he lived and the battles he fought were as on the mountain-tops, still open to view, and where the sunshine of his victories still gleams." Only the eagle and the reptile can reach the mountain-top; certainly no man ever had less in him of the reptile than Carpenter. WHO IS WITHOUT SIN? This narrative has not proceeded upon the presumption that its subject was without faults. That would make him supra-human. lie had them, indeed, as do we all; but they were of the head, never of the heart. " As God cast faults 550 LIFE OF CARPENTER. upon woman," says Jules Michelet, " to make her excellent attributes show to better advantage," so nature left small and unimportant defects in Carpenter's character that his genius, his kindness and his charity might shine forth with increased brightness and splendor. This beautiful green earth hath rocks and desert places, the sun hath spots upon his resplendent disk, and God hath said, " There is no man that sinneth not, no not oneP Carpenter was remarkable for many things, but not for the number or size of his transgressions. The majority of mankind are more noted for the size and number of their transgressions than for patriotism, kindliness and unstrained charity. Therefore, to bestow any special remembrance upon those small trespasses of our subject, which, according to his great mind and his great career, were so much less con- spicuous than our own — than those of the masses — would be an injustice and contrary to the teachings of the Master of Nazareth. We all may do worse, but none can do better than to follow His imperishable example. " For if ye forgive men their trespasses, your Heavenly Father wiU also forgive you. But if ye forgive not men their tres- passes, neither will your Heavenly Father forgive your tres- passes." " I am that I am, and they that level At my abuses, reckon up their own ; I may be straight, though they themselves be bevel — By their rank thoughts my deeds must nbt be shown." So, let those who are perfect point out the shallow blem- ishes of Carpenter — the little transgressions that mar his character only as the deformity of its smallest leaf doth wreck the symmetry of the mighty oak. WORLDLY POSSESSIONS. Some men, with Carpenter's commanding talents and great success at the bar, would have died millionaires. But he possessed none of the sordidness that is necessary to make DOMESTIC LIFE. 55 1 mere Croesuses. If he had, he would not have reached a seat in the senate of the United States, nor died the associate of the great and the defender qf the masses. If he had been a simple money-getter, he would not have left his business during the Rebellion to journey up and down among the people, teaching them the duty of the hour without fee or reward, like John the Baptist, who fed upon locusts and wild honey as he preached the gospel to the Israelites. Although he could exclaim, with Lord Bacon, thai; riches, like the baggage of an army, "hindcreth the march; yea, and the care of it sometimes loseth or disturbeth the vic- tory," Carpenter nevertheless left, in addition to the family homestead in Milwaukee, a comfortable competence for his wife and children. This homestead, an old-fashioned brick, contains Carpen- ter's fine miscellaneous library of about six thousand vol- umes, the large library table he used in his Washington office, two chairs from the old house of representatives, two chairs formerly belonging to Henry Clay, and articles of vertu — paintings, studies and the like — collected and fancied by him. But he gave to his friends more than he kept for himself, and, after his death, a chair that was once the prop- erty of Chief Justice John Marshall, was presented by Mrs. Carpenter to Jeremiah S. Black. The law library, except less than a thousand volumes selected by Geo. F. Ed- munds for the future use of Paul D. Carpenter, was sold after Carpenter's death, at public auction in New York. DOMESTIC LIFE. It was within the sacred precincts of the family circle, be- yond all rightful view of the public, that the ethereal mildness of Carpenter's temper and the fathomless goodness tjf his heart found their fullest play. Ilis little flock comprised, as we have incidentally seen, the wife (to whom he paid court in her childhood) and two children — Lilian and Paul Dil- lingham. Two children died in infancy. 552 LIFE OF CARPENTER. If it were not sacrilegious to invade, after death, those ten- der secrets which are so carefully guarded from the world in life, a chapter of rare loveliness might be compiled from the letters to his wife and children. The few that blossom along the pages of this volume in connection with great his- torical facts are but a small prefigurement of the hundreds sent out from his heaviest labors and deepest vigils, all bear- ing the burdens of love and solicitude. At home his wit and playfulness were unconfined and his indulgence unlimited. " Pauley boy " and " Pet " luxuriated in everything in the way of books, pictures, dolls, playthings and amusements it was proper for them to have, and almost every letter, in his absence, contained a liberal inclosure of money " for soda water " and to " spend as they pleased." To his wife he confided his professional engagements, politi- cal plans and senatorial triumphs, and if his letters to her might be published many interesting state secrets would be divulged, and many historical facts shorn of their mystery and falsehood. As our longing for immortality might be destroyed by un- veilmg the bliss of Heaven, so the beauty of Carpenter's perfect domestic felicity would be marred by exposing it to the common view. Here, then, shall we leave him — the ten- der husband and the indulgent, proud and loving father. NOTES AND ANECDOTES. 553 CHAPTER XLVIII. NOTES AND ANECDOTES. The wit of Carpenter was spontaneous. He never bela- bored himself to strain out puns or forcibly carve jokes from whole cloth. The scintillations of his humor only shone forth as a never-absent part of the flow of his conversations and addresses, as water only sparkles when it leaps and dashes. If the torrent be gathered into a pool, its shimmer, pearls and flashes disappear; so any attempt to present the wit of Carpenter as a separate feast destroys its lambent beauty. His private conversation, his briefs, cases and pleas, his legal arguments, and all his public addresses, glitter with sly humor and unexpected wit, while at social gatherings his satires, burlesques and ingenuities captivated the throng. But as they were all an inseparable portion of his every-day life, it is impossible to bring many of his conceits under a single view. Once while discussing theology with an eminent Catholic divine, he observed that " purgatory was merely a motion for a new trial." " Put him out," shouted the audience when a person near the door was interrupting with impertinent inquiries one of Carpenter's speeches. " No," he retorted instantly, " don't put him out, change his drink." When the great war between the people and the railway corporations was in progress, the railways claimed to have " inalienable rights." As these are natural rights and come alone from the Creator, Carpenter retorted that " matrimony was the only corporation, so far as he knew, ever created by Divinity." As he was emerging from the court-room in Milwaukee, after making an argument in an important cause, a boggy 554 LIFE OF CARPENTER. little Irishman called out: " Misther Cairpinter, yez ought to charge yer cloients nothing for yer argyments." " Why so? " asked Carpenter curiously. " Bekase," said Pat in a religious tone, " yez do it so atsy, it isn't roight." This Carpenter always regarded as one of the highest compliments ever paid him. At a very early day the Rev. Alfred Eddy came from Niles, Mich., and opened what was termed a " blue-light " Presbyterian church^ in Beloit. He was a man of robust mind and good sense — what might be called a stout preacher. Carpenter liked him, and frequently listened to his sermons. Finally he asked the dominie to expound from the pulpit certain portions of the Bible. " You write me some sermons on those subjects and I'll preach them," was the re- sponse. The offer was instantly accepted, and for several Sundays Rev. Eddy, as an old settler has deposed, " gave his hearers the best talks ever heard in Beloit." He himself thought so highly of the discourses that he made a vigorous attempt to have Carpenter abandon the law and enter the ministry, but, as we know, without success, though frequently thereafter he had the benefit in his sermons of Carpenter's thoughts, arguments and writings. In 1854 Jonathan E. Arnold, a noted criminal lawyer of early days, engaged Carpenter to aid him in defending a man of means but of unsavor^'^ reputation who had been charged with a grave oftense. The trial was held before a judge in the interior of Wisconsin who was noted more for the exalted notions he entertained of his position than for great knowledge of the law. .The judge, not having an ac- quaintance with him, thought Carpenter was some country lawyer who had entered the case for the purpose of receiv- ing lessons in criminal practice from Mr. Arnold. He opened for the defense in an unpretentious way, ex- plaining what he expected to prove and citing law and rul- ings governing the admissibility of certain evidence. The court, unable to control himself while a young stranger laid 1 Now the First Presbyterian ciiurch. NOTES AND ANECDOTES. 555 down rules of evidence for his guidance, exclaimed: "I see, sir, you do not know the opinions of this court upon such matters." Slightly surprised Carpenter replied: "I confess, your honor, that I am less familiar with the private views of this court than with the law in this case." " I fine you, sir," shrieked the judge, pounding vehemently upon the rickety old bench behind which he was sitting, " I fine you, sir, ten dollars for contempt of court and disbar you from practice until it shall be paid!" Without the slightest apparent discomfiture Carpenter drew a gold eagle from his pocket, placed it on the table, and, half-turning to the audience, said in a bland and pleas- ant voice: "I am a stranger in these parts and not familiar with your market prices; but it strikes me that this is a mighty small amount of cash for an almighty sight of con- tempt!" Shouts of laughter followed this sally, during which Carpenter withdrew from the crowded and dingy court-room. Mr. Arnold quietly slipped the gold into his pocket and the trial proceeded. Ait0 adjournment of court for evening Arnold brought the furious judge and the daunt- less young barrister together, the little unpleasantness was amicably adjusted, and the two remained friends until death adjourned the former's court forever. Jeremiah S. Black, the great advocate, was an able chewer of tobacco. The deeper he went into an argument the more vigorously he chewed, and the more he chewed the stronger, more aggressive and more successful he became. In the McCardle case, in which Carpenter and Black were of opposing counsel, the latter had begun, as the cause pro- gressed, to chew and strengthen and strengthen and chew. Observing this. Carpenter leaned over to Lyman Trumbull and whispered loud enough to be heard everywhere: " They've got us. Black has filled one spittoon and just sent for another." Among the things which Carpenter repeated with great relish was a remark made by his son Paul when a very 55^ LIFE OF CARPENTER. small boy. At a social evening gathering a guest inquired, "Paul, what do you intend to do when you grow to be a man?" " Well," answered the boy, " I should like to be a circus- man, but I suppose I shall have to be a senator." While absent upon legal business and his partner, Ryan, was closeted in intense thought upon an intricate case, a map- peddler entered Carpenter's office. His clerk explained to the agent that he made no purchases and it would be useless to unfold the map. "But is there no one else in these offices?" pleaded the intruder. The clerk replied that there was, and without further ado opened an adjoining door and introduced the fellow to the great but eccentric jurist. Mr. Peddler was a human caricature worthy of better treat- ment than he subsequently received. His legs were long and his pantaloons short; his frame was large and his coat small; his eyes resembled those of a cat-fish; his hair hung tangled on his shoulders, and his long, bony fingers grasped opposite edges of an outstretcfepd map. Ryan looked at the uncouth intruder a moment and then, flying at him like a hornet, drove him out with more haste than elegance. The clerk was alarmed at the extraordinary spectacle — the great lawyer and the great map-peddler gyrating through the room to- ward the hallway. The poor clerk did not know that above all things on earth Ryan detested and hated peddlers. In less than two minutes Ryan came rushing out of his room with a letter directed to Carpenter, and throwing down ten dollars, ex- claimed in a manner denoting that something of importance was at stake: "Take that letter to Mr. Carpenter in the shortest possible time." The clerk dashed out and reached the depot just in time to take the first train for Janesville. He arrived in due time, and although Carpenter was in the midst of a legal argu- ment, the contents of the letter were supposed to be of such grave import that he rushed forward and delivered the mes- NOTES AND ANECDOTES. 557 sage. Carpenter dropped the thread of his address a mo- ment to open the billet and read: "Mr. Carpenter: — I wish you would keep your damned fool out of my office. E. G. RVAN." In order to get even with his partner, Carpenter caused it to be reported to Ryan that one of their distinguished chents had had born to him a child that was half-white. He ex- pressed a desire that Ryan should go and see what could be done to keep the unfortunate matter out of the newspapers. Ryan went, and putting all his genius to its utmost strain, broached the subject to the father of the child. Amidst great embarrassment he learned that the new-comer was a perfect Caucasian in color, health and brightness. Return- ing in a towering rage he met Carpenter's quiet remark: "I supposed you knew the other half of the child was white, too." Many years ago Carpenter described the late Alex. H. Stephens, who was a mere child in stature, in this wise: " An empty coach halted at the treasury department and Aleck Stephens got out of it." He was of opinion that President Hayes should have been an insurance agent, on account of his extraordinary ability to get out policies. He once referred to a famous secretary of the navy as " a great constitutional lawyer among sailors and a great sailor among constitutional lawyers." During the trial of an important cause at Kenosha, Wis- consin, the opposing counsel, Orson S. Head, for some time kept putting what Carpenter denominated as " outrageously leading questions." The spectators marveled, as he bore with Head for a half-hour in silence. He made no formal objection, as is usual on such occasions, but after Head had proceeded so far as to make his programme palpable. Car- penter arose, and, in that jocose and genial way which mel- lowed all surroundings, observed: "I have no objection, your honor, to Brother Head's way of managing his side of 558 LIFE OF CARPENTER. this case ; but I do think it would conduce to the orderly ad- ministration of justice, if he would at least filter the testi- mony through his witness!" Head subsided, and Carpenter gained much more than would have been possible by formal objection. Some years ago, while prostrate with a dangerous fever, he was seized with an almost unbearable pain. Turning to the late Surgeon-General Wolcott, his physician, he asked the cause of it. On being told that it arose from a stoppage of the colon, his irrepressible mirth triumphed over the deep- est of human torture, and he exclaimed: "Then it isn't a full sioff" In 1850, one Andrew R. Mosher, a blacksmith of Beloit, gave his note for a certain sum to John M. Keep. Mosher made declaration that he would pay the note when due, if then living He didn't pay it, and Keep composed and had published a notice of Mosher's death. The latter brought suit against the former for libel. The innuendoes of the complaint, containing the obituary, are extracted: [Communicated.] " Died in this village on the 15th inst., after a painful illness which he bore with Christian forlitude and resignation " (meaning said plaintiff was a hypo- crite), " A. R. Mosher, Esq." (said plaintiff meaning), " long and favorably known in this community as an active and energetic business man of the strictest integrity " (meaning that said plaintiff was a dishonest man and dishonest in business and a man of no integrity) "and the author of Lec- tures on Baptism." (Meaning to ridicule said plaintiff as a religionist and as an advocate of and lecturer on baptism ) " In early life he was favorably known in Buffalo, Rochester and other eastern cities as an actor of decided merit upon the stage (meaning to ridicule said plaintiff for having been a comedian, and further meaning that said plaintiff had been a comedian, and as such meaning to e.^pose him to the jeers of his neighbors), "and his old friends in that region " (meaning Rochester and Buffalo in the state of New York) remember his popular debuts in the character of Othel'oand Richard III." (Meaning that at Buffalo and Rochester aforesaid he had been the laughing-stock of the community as a comedian.) " Peace to his remains." (Meaning the remains of said plaintiff.) " '^^ Buffalo and Rochester papers please copy." NOTES AND ANECDOTES. 559 To this novel complaint Carpenter set out sixteen causes of demurrer. James R. Doolittle was on the bench when the argument on demurrer was had, and could not conceal his mirth as the reading of the sixteen causes proceeded. Among them were these: 3. There is no statement or colloquium in the said declaration to show that, until the time of the publication of the alleged libel, the plaintiff was even suspected or supposed to be dead. 14. The declaration only avers that "the plaintiff is a living citizen," which in no way disproves the communication, since he that was dead arose and lived in obedience to the command, " Lazarus come forth." The dec- laration should have said the plaintiflf from his birth had been and then was a living man. 15. It is not stated in what sense the words were written. The defendant may have intended, in saying the plaintiff was dead, to say that he was "dead in trespasses and sins," a state and condition which in no way injures a blacksmith in his trade and profession. Although the fact appeared that Mosher had indeed suf- fered by reason of the publication of the death notice, Car- penter's demurrer and argument made the complaint so ridiculous, and carried the court and everybody else into such convulsions of humor, that a judgment of discontinuance was obtained with costs against the complainant. Carpenter's life-long wit could not be suppressed even by the approach of death, and several times it lit up the surrounding gloom with the old-time brilliancy. While the final conges- tion was at the height of its destructive progress, he drolly referred to a recent state dinner spread with no drinks but ice-water and frozen punch, declaring: "I do believe it was there I caught this cold." The subjoined letter, arriving too late for use in the proper chapter, is worth inserting at almost any point: Cii.vRLES City, Iowa, November 10, 1SS3. Dear Sir: — Matt. H. Carpenter — I always knew him as Mcrritt — tried one of his very earliest suits for me. I was eight years his senior, and he conducted my first cause. The suit was about three dollars only. It was not brought for money but for revenge; and I, the defendant, being strong-willed, was determined not to give an inch. I was sued to More- 560 LIFE OF CARPENTER. town Hollow (where Carpenter was born and lived until he was thirteen years old), some ten miles from Waterburj, where both plaintiff and myself resided, because the plaintiff dared not bring it in our place of residence. I went to Paul Dillingham for counsel. After hearing my case he said: " Pay it; although you are in the right, it will cost more than he claims if you beat him." I told Mr. D. I did not care if it did, I would not pay it. He replied : " I will pay it." I returned, " You shall not pay it. I am going to fight it out on the square if it costs me five hundred dollars ; and if you do not wish to go into it I will get some one else." Mr. D. said : " You know it is small potatoes for me, but, if you are determined to fight it out, Merritt Carpenter can try the suit. He can get his grandfather, Cephas Carpenter, to assist him." Carpenter was sitting by and heard our talk. He spoke up : "I would like to go and do my best. I think grandfather and myself can carry our pomt." So, on the day of trial, I took my team and some ten witnesses and Merritt, who had his subpoenas ready to serve on all the witnesses, so as to make all the costs we could. We had the law on our side, as a plaintiff in a suit could not collect any more cost than he recovered debt; so, if he had beaten us, he could not get over three dollars; and he was liable to pay the whole cost if defendant should get the case. That was the law; so, if we should get whipped, it would not be bad. We started for Moretown Hollow and arrived there at the hour appointed. Carpenter jumped out of the sleigh and ran over to his grandfather's. He came back in a few minutes and said that Phillips had engaged his grand- father to assist Roger Buckly, a very smart lawyer; "but," says Merritt, "I am enough for both of them ; so come ahead and we will go for them." We went into the court-room, and there sat the justice, Alpheus C. Nobles, ready to try the case. Merritt told the justice that he wanted a jury. Mr. Nobles sent for the constable, Uriah Howe, who came and drew the jur}', and we got ready to proceed at one o'clock. The case was this : I was at work near a tavern kept by Drew, with my team, and broke my set of whiffletrees. I went over to the tavern and asked Mr. Drew if he had a set that he could lend me. He said he had, and went and got them, not knowing but what he owned them. The next day I saw Phillips, and he wanted to know if I had his whiflletrees. I told him I did not know; 1 borrowed the set of Mr. Drew. Phillips said they were his, and he would sue Drew for them. I returned the whiffletrees immediately ; but, instead of suing Drew, Phillips sued me. He was of- fended some six months before because I collected a bill that he owed me, and commenced this suit to get revenge. I was willing to meet him, and wanted to beat him at all events. That was the reason I wanted Paul Dillingham, as he was the best lawyer in the state. Merritt, in cross-questionmg the witnesses, had to contend with both law- yers. They told the witnesses not to answer him, and he appealed to the court, and in every case the court gave the decision in our favor. NOTES AND ANECDOTES, 56 1 When he brought my witnesses on the stand the counsel on the other side made Carpenter state what he was going to prove by them before they could proceed to testify. Then the other lawyers would object and argue the points, and Carpenter would answer them and make his points in law. Both parties had to look in the statutes, and Merritt could find his laws and sections in one-half the time required by the opposite counsel, and in every case the justice gave him the verdict It was very interesting to the lookers-on. Merritt's grandfather had been stopping him and making state- ments as to law and the testimony, and he had been on his feet a number of times, until he was vexed. He finally kept his seat, and, looking up in the face of his grandfather (who was a very tall man), he said: "Grand- father, how can you lie so.!"' That brought the court and judge down to great laughter, and it took the court some time to restore order. Finally the case was given to the jury, and after fifteen minutes a verdict came in for Merritt. Then there was a lively demonstration in his favor. People came forward and shook hands with him, saying his management of the trial was better than that of the opposing counsel. I consider this remarkable, as the boy appeared before an audience of his former playmates and schoolmates. I then thought he was the keenest ycftjng man I had ever seen. Joseph L. Atherton. When Carpenter was comparatively a new-comer in Beloit he attended church on a certain occasion and occupied a front seat. The minister, to illustrate retributive justice, was preaching from that portion of the Old Testament which records the intercession of Esther wath Kinu Ahasuerus for her people, the Jews, whose pending destruction had been brought about by the machinations of Haman, who also hated Mordecai and had erected a gallows upon which to hang him. The preacher with great earnestness and force had carried his audience up to the point where Haman went in to the feast and to beg the king, before Esther's face, to hang Mordecai. The audience was deeply interested, and Carpenter sat drinking in every sentence. Now, the preacher, with dramatic effect, swiftly pictured the reverses of the in- triguer Haman, who was hanged with short shrift upon the gallows he had erected for Mordecai. At the climax Car- penter, forgetting everything but the intensity of his feelings, slapped his knee sharply and cried out: "Good! Served him right, by George!" The audience was startled at Car- 36 562 LIFE OF CARPENTER. penter's novel way of saying Amen, but the exhorter appre- ciated it, and from that time forth was his firm friend. That peculiar characteristic which is popularly termed absent-mindedness, but which is in fact busy-mindedness, was particularly conspicuous in Judge Black. Frequently, when invited out to dine, he would entirely forget the en- gagement, making his vacant chair a notable feature of the occasion. Several times he had thus failed to keep his din- ner engagements with Carpenter. Therefore, determined that such a calamity should not occur again, Carpenter began early in the morning of a day that Black was to dine with him, to send notes hourly, reminding the judge of his engagement. Finally, at five o'clock, having been pestered with about a dozen notes — pleading, endearing, heart-rending and other- wise — Black wrote: Dear Carp: — I beg you not to forget that I am to dine with you to- day, six o'clock. You are so eccentric and oblivious that I feared you might not be at home. If this note be a sufficient jog of your memory you will perhaps call here at six. If you don't think of it I will go to your office a little later. In any event please to remember the engagement. Yours, J. S. Black. The world has lost much fi-om the imperfect record of Carpenter's sayings. Times without number he has uttered such as this, spoken at a war meeting in Janesville: "Behold grim treason seated upon the tombstone of liberty." When E. P. Brooks was consul to Dublin he sent a bottle of choice wine to Carpenter, and in the same package another bottle to his partner, James Coleman. The wine arrived in Coleman's absence, and Carpenter opened the consignment and emptied one of the bottles with some friends who happened to be present. Coleman, on returning, found the bottles standing together and took the full one with the remark, "I suppose this is mine, isn't it. Matt.?" "No," said Carpenter, "that is mine. We drank yours!" Carpenter's daughter Lilian had been seriously ill at Waterbury, Vermont. When she began to recover he NOTES AND ANECDOTES. 563 astonished the sober denizens of that quiet village by tele- graphing from Washington: "Thank God! You are better. If I were not a temperance man I should go out and take a drink!" In one of his great railway suits he turned to a wealthy witness and said: " He commits perjury as gayly as a trouba- dour e'er thumbed his guitar." Carpenter's humor could not be confined to letters, briefs, speeches and telegrams. Many a bank cashier has been convulsed by his checks. For instance, a check for his little daughter read: "Pay to the order of the Celestial Pet, Lilian, the sum of ten dollars." Judge Black called on Carpenter one evening in Washing- ton and asked his opinion on an important matter then pend- ing. After revolving the case a few moments in his mind, he replied, exposing a constitutional difficulty that rather startled Black, but about the soundness of which he was somewhat incredulous. Without disputing the statement, Black retired, saying he would sleep on the matter and de- cide in the morning. Carpenter then had sleeping ajxart- ments not far from his offices. Some hours after midnight he was aroused from slumber by loud and emphatic raps on the door. "Who's there?" shouted Carpenter. "It's Old Black. I have come to tell you that you are right about that constitution." The door was then opened and Judge Black entered. Mis appearance gave ample indication of the severe tussle he had undergone with the question during the night. His coat collar was turned in, his vest was but- toned awry, and his wig, thoroughly disheveled, was pulled far down over one ear. Carpenter lighted a cigar' and Black took a fresh chew ot" tobacco. Thus the two great lawyers, in the flickering light of the dying grate-fire, one in the ghostly robes of the chamhi-e a couchcr, and the other in the grotesque array of calamitous absent-mindedness, 1 Carpenter never smoked until he was fortj-thrce and began then in accordance with advice from his physician. 5^4 LIFE OF CARPENTER. chewed and smoked over the constitution for some time, and then retired, well pleased with each other, to peaceful, con- stitutional sleep. PROPHECIES. Late in 1850, Carpenter chanced to meet in Madison a dozen of the leading democrats of Wisconsin. The various features and general effect of the fugitive slave act, which had been the law of the land but a few months, came under discussion. He intimated that the act was unwise, and would return to plague its inventors. Being reproved for quivering in his democracy, he ex'claimed: I say to you, gentlemen, the very title of this law is damning. Its spirit is that of barbarism,! and its tendency toward brutality. We are sowing the wind, and shall reap the whirlwind. The day will come when you will all see as I do now. This measure is pregnant with disaster, and will prove to be the most unfortunate and destructive enactment ever fathered by the party of Jefferson and Jackson. All readers of history know that the fugitive slave act hurt the democracy, and pushed on and strengthened the anti-slavery agitation more than anything that had ever happened. In i860 he predicted that the election of Lincoln would 1 The law, among other things, in addition to suspending the writ of habeas corpus^ provided : " The person having a power of attorney may pursue and reclaim the party charged to be a slave, either by procuring a warrant from a judge or commissioner of the United States court, or by seizing and arresting him where the same can be done -without process^ and taking him before said judge or commissioner. " Any person who shall obstruct the arrest, or shall rescue, or attempt to rescue, or shall aid or abet such alleged slave, directly or indirectly, to escape, or shall harbor or conceal such slave, shall for either of said offenses be subjected to a fine not exceeding $i,ooo and imprisonment not exceed- ing six months, and in the event of escape shall forfeit, on a civil process, the sum of $1,000, as the value of said slave. " In no trial or hearing under this act shall the testimony of such alleged fugitive be admitted in evidence. " The officer making the arrest is to have $5 and other reasonable ex- penses. The commissioner before whom the slave is brought is to have a fee of Sio, in the event of conviction^ and $£ should he not deem the proof sufficient." SECRET HONORS. 565 precipitate civil war within a year. Six months later Beau- regard tired upon Fort Sumter. In August, 1 86 1, he pointed out that slavery must be destro3-ed in some manner, or the north could never triumph. In September, 1862, Lincoln signed the emancipation proc- lamation. At the close of the Rebellion he predicted that Negro sullrage was an inevitable and rightful consequence of cloth- ing the black race with freedom, and would be adopted. Three years later the fourteenth amendment was declared by congress to be in full force and eflect. In 1865, and again in 1869, he predicted a great struggle between the corporations and the people. How fully that was verified we have already seen. During the Louisiana troubles he declared that to uphold a fraudulent government by sheer military power, making a fraud as good as a majority, would imbroil the next presi- dential election. The electoral commission was the verifica- tion of that prophecy. He foreshadowed the failure of Grant's civil service re- form commission; declared at its repeal that the franking privilege would soon, in response to popular demand, be restored; that low salaries would increase the number of fed- eral employes and impede the transaction of public business, as well as fill congress with mere millionaires, and that But- ler's civil rights bill of 1875, whenever it should reach the courts, would be pronounced unconstitutional. All of these, with numerous lesser predictions, have been fully verified, except that congress 3'et contains members who are not reputed millionaires. No one can look back on his positions and predictions and say Carpenter did not possess a powerful and prophetic mind. SECRET HONORS. We have not yet become familiar with all of Carpenter's honors. That he frequently, for various reasons, declined political preferment, has already been amply recorded. 566 LIFE OF CARPENTER. On the morning following his first elevation to the senate, John J. Orton, of Milwaukee, a shrewd and analytical old lawyer, met Carpenter, and stretching forth his hand ex- claimed: " Well, Matt., you are elected. But let me give you a little advice. This is a great triumph; don't let it turn your head. Unbounded opportunities are before you. The time is coming when this great northwest will command a President. You are young, and that time will arrive long before your death. Keep your eye on that goal, and we will all stand by you till you reach it. Let the presidency be on your programme, and discard all meaner things in one great effort to have the merit to deserve it." This was sound reasoning. Mr. Orton could see mixed in Carpenter elements of strength and popularity possessed by no other man in the west. But his ambition did not run strongly in that direction, and though there was talk at various times of making him the republican candidate for Vice-President or President, he never put forth any effort for either. In 1869 President Grant desired to appoint Carpenter attorney-general in his cabinet. A clamor arose against it from those who wished to retain him in the senate, and Grant himself, under date of September 25, 1883, has written: * * * " I had, at that time, contemplated making Mr. Carpenter my attorney-general; but finally abstained from doing so because the opinion prevailed — in which I con- curred — that it would not be well to take him from the United States senate." Undoubtedly the only real ambition Carpenter ever enter- tained was to be chief justice of the United States supreme court. He regarded that as the noblest if not the highest honor to be achieved by an American citizen, and devoted forty years of his life to fitting himself to adorn and com- pletly fill the position, if ever he should attain it. When, therefore, after the death of Salmon P. Chase, he was de- barred from the office by an inhibition of the federal consti- tution, his disappointment was genuine. Again shall we SECRET HONORS. 567 turn to Grant, who has written : * * "I did not think par- ticularly of him [Carpenter] in connection with the chief justiceship, * * because he was ineligible for the office, the salary having been increased during his term in the senate." Carpenter framed and introduced the bill increasing the pay of justices of the United States supreme court, and under the constitution was thus unfortunately debarred from occu- pying a seat on the bench. 5^8 LIFE OF CARPENTER. CHAPTER XLIX. SICKNESS AND DEATH. Carpenter had been in declining health three years or more before death overtook him. He was slowly losing flesh, his hair was turning white, and at times his sufferings were heavy. Yet, instead of relaxing his labors and taking a journey abroad, as advised to do, he continued to carry his professional, political and senatorial burdens undiminished. Leading physicians were consulted, and as they did not agree in their diagnoses, he regarded their advice as founded upon misinformation and of little value. One of these, upon whom he especially relied, was wholly mistaken, if not absolutely neglectful, until the disease which finally proved fatal had be- come so firmly settled in the system as to be wholly beyond the reach of human skill. While mounting his carriage to go to R acine the night before election in November, 1876, Carpenter slipped, and, falling backward, severely cut and injured his head. He was on that account confined to the house for some days and was never afterward wholly well. Attacks of illness becoming frequent, Mrs. Carpenter, alarmed, requested a rigid exami- nation by Dr. Wm. Fox, of Milwaukee. The nature of the malady was then discovered and its fatal character divulged. Dr. Fox advised a trip to Europe, warning his patient that a sudden cold or imprudence in diet might result in a speedy termination of life. Not fully satisfied, he went to New York and consulted Dr. Alonzo Clark, who loved Carpenter as an own son. When, therefore, it was left to him to decide whether the diagnosis of Dr. Fox was correct, soon discovering that it was, he was sorrowful and hesitating. But his efforts to dis- semble were futile. Carpenter, trained by long experience SICKNESS AND DEATH. 569 to read a face like a book, knew by the grave demeanor of his old friend that Dr. Fox was confirmed. " Is my malady incurable?" he demanded. The reply be- ing evasive, the question was repeated. At last, after per- sistent importunity, the terrible judgment was pronounced: " It is incurable." Carpenter's head fell thoughtfully upon his breast for a single moment. He then rallied, and a list of what must not be eaten was prepared, together with a programme of lightened labors. Dr. Clark advised against the European trip. This was in consonance with Carpen- ter's feelings; hence he remained at home. Subsequently, in referring to the visit to Dr. Clark, he said: "After the good old doctor had finished his advice that evening, I went to the Hoffman House, had a fine plate of oysters, retired to bed and slept like a babe till morning." After returning to Washington his partner discovered him, next morning, pacing up and down the offices in a grave and thoughtful manner. His head was thrown forward, both hands were clasped in the lapels of his overcoat, and his soft hat was crushed down lower than usual over the long, sil- vered locks. " Matt.," said Coleman, " what is the matter?" The pacing was continued a little longer, and then, seating himself. Carpenter answered : " I have been to see Dr. Clark. He says my ailment is incurable, and that unless I am very careful I will live but ten months longer. That's a pretty gloomy prospect, isn't it?" In a few moments: "Jim, look at my insurance papers." Coleman, as requested, ex- amined all the policies, found them in proper shape, and re- turned them to the safe. That was the first he knew of his partner's disability. However, under the regimen prescribed by Dr. Clark, Carpenter began to mend marvelously, gain- ing several pounds of flesh in a week. He resumed the usual cheerfulness of his ways, worked as formerly, and, except in the family circle, all thought of an early death was forgotten. He conversed almost daily with his wife of the danger he 570 LIFE OF CARPENTER. was in, seeming especially anxious that she should under- stand all his business affairs in order to be prepared for the final catastrophe. He enjoined the family to suffer no out- ward change in their manner of life. They made a heroic effort to keep up appearances, and, to a certain extent, suc- ceeded. His own efforts in that direction were entirely suc- cessful, and it is doubtless true that he really hoped, as he told his wife, " to tide over the attack until Paul should be- come a man, when he would be ready to go." In March, 1880, Drs. Reyburn and Lincoln warned Car- penter against the danger of further public speaking, going so far as to say they would not be responsible for the life of the patient after another speech in the senate. Nevertheless, there was a rally, several speeches were made as well as arguments in court, and in June Carpenter journeyed to Chicago to throw his influence with the republican national convention in favor of the nomination of his old friend U. S. Grant for the presidency. But he was then weak and fail- ing, requiring fires in his apartments while those in health were suffering from the extreme heat. The effort had such an unfavorable effect that he refused to do any political speaking for Garfield, and, upon the coun- sel of physicians, did not follow his usual pleasant custom of spending the heated term at his Milwaukee home, in the cool, invigorating breezes of Lake Michigan. He remained in Washington, and, by avoiding travel and excitement, ral- lied decidedly from the rather alarming symptoms apparent at Chicago in June. Thus encouraged, he redoubled his professional labors, deceived the public by renewed activity and pleasant cheerfulness, and entered congress in Decem- ber, determined to push through several important measures that would require an unusual amount of labor. The case was really remarkable. The analyses of the physicians intended to indicate the progress of diabetes were deceptive. Sometimes they showed a perfectly normal con- dition, and even two months before death Dr. Clark said a SICKNESS AND DEATH. 57 1 continuation of the improvement he observed would make Carpenter a comparatively well man.' On the 15th of January, 1881, he was seized with a severe cold which settled into conjjestion of the lunirs. Then, re- coverinc^ somewhat, he visited some of the departments, the chill and fatigue of which brought on a relapse. As his condition grew serious, Dr. Fox was sent for, who arrived two days before death. Carpenter apparently had not lost hope, but the morning before the arrival of Dr. Fox he said to Mrs. Carpenter: "Cara, I am not going to get out of this." Several times after that during the day he was heard in prayer. Once he said, " God protect my babies," and again, "Jesus help," — the rest was inaudible. During the last illness he watched his wife closely, and appeared to be affected by her spirits. If she was sad he lost all courage, but when she was bright and cheerful he would rally perceptibly. One morning, when his servant Robert asked how he was, he replied: "Ask my wife. She knows better than I." Dr. Fox found Carpenter suffering intense pain, and, fully satisfied that the end was at hand, administered a hypoder- mic injection. The pains subsided, unconsciousness super- vened, and in that condition he died. His last words, in response to the inquiry of his wife, " Do you know me. Matt. ? " were, " Why, of course I do." As the current of life began to retreat to its last citadel, weeping friends gathered at the bedside, and Dr. Paret, joined by the broken voices of the family, recited the creed 'This letter proves his hope: New Yokk, Dec. 8, iSSo. Dear Cara: — I telegraphed you yesterd.iy, which took, the place of a letter, that I was much better. I hope to get home Saturday night, but may not until the first of the week. I think I shall be better, when I get my strength, than I have been for some time. The doctor thinks so, too. Give my love to the dear babies, and believe me, as ever, Matt. 572 LIFE OF CARPENTER. and prayers for the dying. Thus surrounded, at 9:20 o'clpck in the morning of February 24, 1881, just as a glorious flood of sunlight burst over the domes and villas of Washington, as if to illumine the flight of his soul, the heart of Carpenter ceased to beat. No martyr ever regarded the approach of death vi^ith greater tranquillity. There were laudable reasons why Car- penter desired to retain a hold upon life yet a little while ; but the descending conqueror came without terrors and was received without trepidation or despair. He desired to serve his children and friends, and to carry forward certain meas- ures for the public weal; but for himself he had no selfish yearnings to continue the battle. This was the burden of his talk before he fell under the shadow, and his last suppli- cation begged Almighty God to "bless and protect his babies." In order to lessen the strain of woe upon his loved ones, after his critical condition became fully known. Carpenter assumed a mood even more than usually bright and cheer- ful. He did intend to live, but if he should die he planned to have all sorrows reserved to the last. His child-like buoy- ancy disarmed suspicion and led the public to believe there was no danorer. He uttered no complaints, indulged in no mocking regrets over what might have been, but simply met the decrees of fate with the composure of a philosopher and the serenity of a Christian. There were present at the moment of death, in addition to the members of the family. Dr. Fox, Chas. G. Williams, Judge Arthur MacArthur, Dr. Paret, and the servant. In his memorial address, Mr. Williams said of the closincr scene: It so chanced that with others I spent the night at his bedside, and saw him breathe his last. I am aware that the scenes of the death-chamber are sacred, not to be drawn upon for mere dramatic effect, but there were incidents connected with this one which,. I think, more fully portray the SICKNESS AND DEATH. 573 cliaracferistics of the deceased than volumes of eulogv could do. I was told that, some little time before, he had wandered slightly in his mind, and in his dreams fancied himself back among his Vermont hills again; that he spoke tenderly, even plaintively, of his mother, who died when he was a mere lad, and then for minutes together he would fall into deep and fervent prayer. But on this last night his bram was clear, and his lion-like nature never more strongly asserted itself As the shadow deepened and he began to sink, his devoted wife clung to him on the one side, while on the other was his loving daughter, and above them the pale face of his young son. I noticed that the daughter invari- ably addressed him as " my boy ! " and when near the last she would say : "Do you knozv Pet, my boy.'" His great eyes would open, and in a voice modulated only by affection he would reply : " Why, of course I do! " and when the wife made the same inquiry, always addressing him by the familiar and endearing term, •' Matt.," the response was the same. At one time, near midnight, when the attending physician had persuaded the fam- ily to retire for awhile, and himself was seeking needed rest, I was left in the room with no one but the colored man, Robert, who told me, in a voice stifled with emotion, that he had been the senator's body-servant for twelve years and more. Having occasion to go to the parlors below, and return- ing before I was expected, a most impressive scene met my view. The light was low; the senator was sleeping. The thick silver locks fell back from his massive forehead. Near him on the carpet was the pile of law books which he had ordered from his office and studied in his last case, while at the foot of the bed the colored man, Robert, knelt in silent prayer! This, Mr. Speaker, is fact, not fancy, and it tells the whole story. Judge MacArthur speaks of both the decline and death of Carpenter: The death of a great man is nearly alwavs sudden, unexpected, and ap- palling. He lives so much in the public eye, and is interwoven so much with the public life, that what belongs to the individual is overlooked in the common interest and admiration, and when his death occurs, it comes upon us like a tropical sunset — sudden, instantaneous, involving us in darkness and despair. This was in some measure true in regard to the demise of Senator Carpenter. Those who were intimate with him had for many months observed a marked change in his appearance; his magnifi- cent person was losing its fullness of habit; the lustre of his merrv eye, the cadence of his ringing laugh, were impaired and overcast with the coming shadow. Fits of indisposition were alternated with periods of apparently returning health, and hope and Iricndship recovered confidence and aban- doned all fears for his safety. On the afternoon of Wednesday I vi^ted at his residence and stood by 574 LIFE OF CARPENTER. his bedside, where he was then asleep. I saw a dreadful change had hap- pened; the end was written upon his face, and then for the first time I gave up all hope. Upon calling later in the evening, I found his respiration painful and laborious, and it seemed as if his life were struggling to retain its dominion in every breath. A torpor had seized upon his consciousness, but his attention could be aroused to particular persons or objects. Placing my hand upon his shoulders, and gently shaking him, I asked him if he knew me. After a second he replied, "it is the judge;" and after another short pause, he added, " Mrs. Carpenter and I have been talking of going over to see you;" and then, as if his old spirit of humor and merriment had returned, he said, "Judge, I want to make a motion;" to which I re- plied that his motion was granted without argument. An hour or two after midnight I was again by his bedside. He was still weaker than before, and the vital forces were yielding slowly but surely to the impending catastrophe. The last indication of consciousness occurred shortly before day-break, when he slowly turned his head toward Mrs. Carpenter and his daughter. It was his last effort at recognition, and he closed his eyes, never again to behold his loved ones on earth. At this time there were present his wife, his daughter and son. Dr. Fo.x, who had traveled night and day from Milwaukee, and who supplemented science with friendship and love, was also present, as was the Hon. Charles G. Williams. As the members of his own family sat by the death-bed of him they loved so dearly, it seemed to me the most beautiful, the most sad and touching tableau I had evei witnessed. At length daylight broke through the crevices of the curtains, the sun came forth in unclouded splendor, and the atmosphere was balmy as in the early days of spring. It was full of the elixir of life, but brought no relief to our friend. Leading Mrs. Carpenter to the window, I asked her if she could remember the dying ex- pressions of the great Mirabeau, whom her husband so much resembled in his powers ot persuasion. " ' Open the windows,' he exclaimed. ' Throw aside the curtains and let the sunshine fill the apartment and bathe me in its beams, and let the incense of the garden reach my senses, for I would die amidst the perfume of its flowers.' How different," I said to her, " is this scene in one respect, for the great Frenchman, though he feared not deatii, believed it to be an eternal sleep. But your gifted husband, although so largely absorbed in the activities of life, and although taking such large share in public business, had a strong and fruitful religious vein in his nat- ure, and believed that death, instead of being our final destiny, was but the entrance to a higher and truer life." At about nine o'clock Dr. Fox called me suddenly to the bed side. The breathing had almost ceased, the quick respiration had entirely gone. The breath came at long intervals, and the attendant clergyman began reading the solemn service of the Episcopal church for the dying. The physician kept his hand upon the heart to m^rk the ebbing tide of life. I looked at OFFICIAL FORMALITIES. 575 the doctor after each spasm, and the reply was, " Not jet." At la'it came a pause — long, endless. The physician withdrew his hand. Carpenter was dead. OFFICIAL FORMALITIES. Some public men are admired and some are respected, but few of them are really beloved. Carpenter belon<(ed in all these categories. He was admired, respected and beloved. Therefore, the announcement of his death settled like a cloud of darkness over the entire land. Each individual felt that he had suffered a loss peculiarly and specially his own. Flags floated at half-mast on almost every public building in the Union, and congress, courts, legislatures and boards of trade adjourned as a token of sorrow and respect. His demise was the principal topic of conversation everywhere. His noble heart, his intrepid soul, his stalwart statesmanship, his gleaming wit, his enchanting oratory and his never-failing kindness were on every tongue, and all the journals, great and small, set forth in tender sentence and generous column his many good parts and great services to the country. " 'Tis worthy of death to be thus mourned and praised." In congress his death was deeply and sincerely mourned. He was one of the most popular senators who ever sat in Washington, and left not an enemy in either house. The usual ceremonies, therefore, had none of the mockery of mere formality. They were earnest and heartfelt, the tributes of genuine sorrow. The resolutions of adjournment, the crcfe on the vacant chair, the rosettes of the officers, the putting aside of common affairs and the hushed voices were but ad- umbrants of the woe that dwelt in every heart. At the close of prayer Angus Cameron announced to the senate the death of his colleague and moved resolutions ex- pressing the general sorrow, asking the appointment of a committee of five senators to accompany the sergeant-at-arms with Carpenter's remains to Milwaukee, and suggesting ad- journment for that day. Senator Pendleton seconded the resolutions, the Vice-President appointed the committee, con- 57^ LIFE OF CARPENTER. sisting of Angus Cameron, Roscoe Conkling, John A. Logan, Geo. H. Pendleton and Francis M. Cockrell, and the senate adjourned. As the representatives of the commonwealth of "Wisconsin were in legislature assembled when Carpenter was born into political eminence and power, so were they also in session twelve years later when his immortal spirit took its flight, leaving a vacancy in the senate of the United States for them to fill. His death occurred at a period when important legislation was pending and the capitol was crowded with the leading men of the state. From both chambers, the rotunda and the halls of the capitol building arose the loud buzz of intensely busy legislators, lobbyists and visitors, all arguing, appealing and talking for or against the measures in which they were interested. The gavels of the presiding officers were momen- tarily expected to sound the call to order, w^hich increased the eagerness and bustle of the moment. And thus, upon a scene of extreme activity and earnestness, came the startling news of death. At 9:50 o'clock A. M. the chief clerk of the senate received a dispatch from Washington announcing that Carpenter was dead. This was read in the rotunda and from the desks of both houses. Carpenter's feeble health was well known, yet no one was prepared for the message of death, and no pen can describe the change that swept over the crowded halls instantly after its announcement. A solemn hush took the place, as if by magic, of the bustle and activity of the preceding moment. People had not recovered from the first shock when the hour of ten o'clock arrived, and the legislature was called to order. The gavels fell with a peculiar sound, and the chap- lains breathed their opening prayers with solemnity, dwelling on the sudden loss Wisconsin and the nation had been called upon to mourn, and asking the strength of Providence to aid the stricken wife and children. OFFICIAL FORMALITIES. 577 The assembly, upon the motion of Ashbel K. Shepard, at once adjourned, and in the senate William T. Price, of Jack- son county, at the end of roll-call, rose and said, with his pe- culiar earnestness: A giant has fallen. The nation, the state, the people mourn. It is but proper that this senate, as a tribute of respect to the illustrious dead, should now adjourn until this evening. Soon after both houses had adjourned Governor Wm. E. Smith received a telegram from Vice-President Wm. A. Wheeler, officially announcing that a vacancy had been cre- ated in the United States senate by the death of Carpenter, which the legislature of Wisconsin must fill. Senators Edward B. Simpson, of Milwaukee; Hamilton Richardson, of Janesville, and P. H. Smith, of Sheboygan Falls, and Assemblymen Ashbel K. Shepard, of Milwaukee; Solon W. Pierce, of Friendship; Franklin S. Lawrence, of Janesville ; Franklin L. Gilson, of Ellsworth, and John Ringle, of Wausau, were appointed a committee to draft and present resolutions of sorrow and respect, and Senators I. W. Van Schaick, of Milwaukee, and Geo. B. Burrows, of Madison, and Assemblymen Otto Laverrenz, of Milwaukee; D. B. Barnes, of Delavan, and James A. Taylor, of Chippewa Falls, a committee to make arrangements for the joint meet- ing of both houses at which were delivered the various memorial addresses. Senators E. B. Simpson, of Milwaukee; Hamilton Rich- ardson, of Janesville; David M. Kelly, of Green Bay, and Joseph Rankin, of Manitowoc, and Assembl3'men Wm. S. Stanley, of Milwaukee; Edward C. McFetridge, of Beaver Dam; Myron H. McCord, of Merrill; John D. Bullock, of Jefferson, and Edward Keogh, of Milwaukee, were ap- pointed a committee to proceed to Chicago, and, meeting the congressional committee, accompany Carpenter's remains to Milwaukee. 37 ^^8 LIFE OF CARPENTER. : THE FUNERAL. The funeral in Washington was one of the largest ever held in that city, as well as peculiarly sorrowful and impres- sive. It was announced for 2:30 o'clock Sunday afternoon, February 27th, but long before that hour crowds began to gather in and about the Carpenter residence on Connecticut avenue. Members of the cabinet, judges of the United States supreme court and of other tribunals, numerous mil- itary and diplomatic officials, members of congress and many distinguished citizens from Wisconsin, Vermont, New York and other states were present, besides a throng of people in carriages and on foot in the street. The dead tribune lay with an expression of peace on his care-worn face, amidst a profusion of the flowers he had loved best. The body-bearers were eight uniformed members of the capitol police, and the pall-bearers, by appointment of either house of congress, were Angus Cameron, Roscoe Conkling, Geo. H. Pendleton, John A. Logan, F. M. Cockrell, Charles G. Williams, Geo. C. Hazelton, Horace F. Page, J. Randolph Tucker and E. G. Lapham. The ceremonies at the house consisted of the impressive burial service of the Episcopal church, read by Dr. Paret, rector of Epiphany church. Then, just as the soft gray clouds burst into a gentle shower, as if to mingle the tears of earth and heaven in one great expression of sorrow, the procession moved toward Oak Hill cemetery, while the bells of St. John's church rang out their sad, sweet vespers, a dirge for the mighty dead. At the cemetery, where other prayers were read, the coffin was strewn with fragrant flowers by the dead senator's only daughter, and the casket's silent treasure was consigned to the vault to await final burial in Wisconsin. Six weeks later, the senate adjourning specially for that purpose, the sergeant-at-arms, the congressional pall-bearers THE FUNERAL. 579 and the family and friends left Washington on a special train for Milwaukee, with the dead, on Friday, April 8th. At Chicago Governor William E. Smith, of Wisconsin, the legislative committee and about one hundred members of commiUces from the chamber of commerce, Milwaukee bar, common council and other organizations, met the funeral train and accompanied it to Milwaukee. At the depot in that city a large procession of military and civic societies joined the funeral party and led the way to the court-house, where the casket was formally consigned to the care of the local committees by Roscoe Conkling, who said: Governor : — We are deputed by the senate of the United States to bring back the ashes of Wisconsin's illustrious son, and reverently and tenderlj return them to the great commonwealth he served so faithfully and loved so well. To Wisconsin the pale and sacred clay belongs, but the memory and the fame of Matthew llale Carpenter are the nation's treasures, and long will the sisterhood of states mourn the bereavement wiiich bows all hearts to-day. The Sheridan Guards acted as a jjuard of honor while the body lay in state in the rotunda of the court-house, which was heavily draped in mourning. Early Sunday morning its doors were thrown open, and before two o'clock nearly fifty thousand persons, all familiar with the heart and counte- nance of the dead, had passed under the portals of festooned sackcloth to view for the last time the leader they loved so well. The procession, containing the entire legislature, state officers and members of the supreme court of Wisconsin, several military companies and a large number of civic societies, was formed under General E. W. Hincks and marched to Forest Home cemetery, where, Rev. Dr. Ashley officiating, the Uniformed Patriarchs cast sprigs of evergreen into the grave and the bands played their most solemn dirges. Thus, on Sunday, April lo, 1881, with the winds sigh- ing through leafless branches, surrounded by tearful eyes, aching hearts and a dominion of snow, Wisconsin's illustrious 580 LIFE OF CARPENTER. tribune was laid at rest — given into the embrace of that sweet "peace that passeth all understanding." A chaste and beautiful monument of Barre granite, hewed from the mountains of his native state, and erected by the family, marks his last resting-place. TRIBUTES. The nation's tributes to Carpenter were generous and sincere. As he died at the close of the session, congress was unable to eulogize him until the following winter; but delay only made the offerings more elaborate. Wednesday, Janu- ary 25, 1882, was set apart in both houses for addresses commemorative of his life and services. The speakers in the senate were Angus Cameron, Augustus H. Garland, John A. Logan, Wm. Pitt Kellogg, Thomas F. Bayard and David Davis. In the house of representatives the addresses were by Charles G. Williams, John A. Kasson, Lucien B. Caswell, Mark H. Dunnell, H. L. Humphrey, Geo. M. Robeson, Geo. C. Hazelton, Godlove S. Orth, James M. Tyler, Benjamin Butterworth and Peter V. Deuster. Those of Cameron, Williams and Deuster were elaborate. Twelve thousand copies of the address, with the proceedings of the bar of the United States supreme court, and an en- graving of the dead senator's face, were, as usual, by order of congress, printed for general distribution. The two houses of the Wisconsin legislature met jointly on the evening of March 30, 1881, "to take suitable part in services commemorative of the life of Matthew Hale Car- penter," Thomas B. Scott, president -pro tempore of the senate, presiding. The assembly chamber was crowded with legislators, state officers, judges, and leading citizens from all sections of the commonwealth. The speakers were Hamilton Richardson, Alfred K. Delaney, Edward C. Mc- Fetridge, Solon W. Pierce, Myron H. McCord, Ashbel K. Shepard, Geo. B. Burrows and Merton Herrick. The chamber was draped in mourning; above the speak- TRIBUTES. 581 er's desk a large portrait of the dead statesman, entwined with a tattered battle-flag from the state armory, looked down upon the multitude of mourners, and under the right gallery, wreatlied with crcpc, hung the pictures of the "old guard " — the " solid twenty-five " ^ who secured his last election to the senate. On Monday, March 7, 1881, the bar of the United States supreme court met to pay respect to Carpenter's memory, Allen G. Thurman presiding. David Davis, Arthur MacAr- thur, Roscoe Conkling, Jeremiah S. Black, R. T. Merrick, Philip Phillips, Charles Devens, W. D. Davidge and Jere- miah M. Wilson were appointed a committee to draft resolutions, which were presented to the court by Attorney- General Wayne McVeagh, with appropriate remarks. Eulo- gies were pronounced by Arthur MacArthur, J. S. Black, A. H. Garland, J. M. Wilson and James II. Embry. General Wm. T. Sherman detailed a detachment of sol- diers as a guard of honor while Carpenter's body lay in the family residence at Washington awaiting the funeral cere- mony.2 Such a mark of respect was never before granted to a person not of the army. The Wisconsin Republican Association at Washington, the Milwaukee chamber of commerce, Milwaukee Bar As- sociation, the various circuit court bars, the bar of the Wis- consin supreme court, the Merchants' Association, Grand Army posts, regimental and scores of other associations and societies met to adopt resolutions of respect and pronounce eulogiums in Carpenter's honor. These panegyrics were not confined to Wisconsin, but were the spontaneous offer- ings of more than a dozen states. They were almost with- • In almost every neighborhoud in Wisconsin may be seen a large group of the " solid twenty-five," with Carpenter in the midst, and under them the words, "True to Matt." 2 Carpenter once expressed that after his death, and before burial, he wished to have his body watched by artillerymen. General Sherman, with no knowledge of his dead friend's desire, though he had never done such a thing before, issued an order which carried that wish into cfiect. 582 LIFE OF CARPENTER. out number, showed a high order of talent and a deep vein of sorrow, and came from the hearts of the foremost men of the nation. To quote them in extenso here would be impos- sible. George F. Edmunds said: "Senator Carpenter was true- hearted and brave. His arguments, both in the senate and the courts, were unsurpassed for learning, logic and elo- quence." Hannibal Hamlin described him as " one of the ablest men of the generation; genial, kind, great." Allen G. Thurman, with suffused eyes, said: " Carpenter was a great lawyer, a far-seeing statesman, and a genial, whole-souled man. He was without personal enemies; the amiability of his temper was only rivaled by the brilliancy of his intellect." David Davis said: "Wisconsin can not replace her Car- penter. He was a lawyer, orator and statesman of the very highest mold." Russell Sage declared Carpenter to be " the pleasantest man he ever met, and the greatest orator of modern times." Roscoe Conkling pronounced him the " ablest constitu- tional lawyer in the United States." U. S. Grant made a comparison : " Roscoe Conkling is perhaps the greatest statesman in America. If he is, Car- penter is certainl}^ next and the first orator." Chief Justice E. G. Ryan said Carpenter was " a man of profound general ability, and one of the greatest lawyers in the world." If this work were to make any pretense to profundity, a metaphysical analysis of Carpenter's qualities would be en- tered upon to prove that the estimates of his greatness here and there brought forward, instead of being unjustly large, are rather unjustly small. For a homely argument it is safe to assume that pigmies never retain an equal hold upon the populace in triumph or defeat. Some men are great only by association. The people TRIBUTES. 583 take no note of them until the illogical and inexplicable fortunes of politics have put upon them the magnitude and consequence of office. Such, whenever separated from their official robes and the insignia of artificial elevation, disap- pear among the multitude like snow-flakes in the ocean, never after to be mourned or mentioned. Carpenter was not of that class. Ilis sudden transition from citizenship to senatorship was not violent or incon- gruous. It added honor to the state he represented and the distinguished body in which he sat, but added nothing to himself. As a law-giver, patriot and tribune he had already won his wa}' to the highest position in the public estimation, and any election of that sort was regarded as merely a willing tribute to his greatness rather than any particular adorn- ment of or addition to it which would disappear or be trans- ferred to another at the end of his term. Subsequent events, though they were bitter draughts, firmly establish the correctness of this measurement of Car- penter's dimensions. He who rides on the high tide of suc- cess and triumph is never wanting for swarms of courtiers and admirers, ready on bended knee to do him every honor. But finally, when disaster shall overtake him and cut oil' the rich drippings of an overflowing purse or of federal patronage, then will the crowd, if he have not in his make-up intrinsic merit and natural greatness, desert him in a stampede to his successor, as vultures, in search of other carrion, desert the carcass as soon as the last morsel has been stripped from its bones. As the storm is the only good proof of the mariner's skill, so misfortune and defeat are the only crucibles that can put the utmost test to greatness, popularity and friendship. He who can rise from disaster and rout with all his friends around him in undiminished enthusiasm and devotion, is truly great, and a powerful leader of the people. Thus, as we have ob- served, Carpenter prospered in misfortune and gathered 584 LIFE OF CARPENTER. Strength with defeat. This is the rich experience of the few — vouchsafed alone to undoubted giants. So, too, as reverses and calamities do prove the public affection and regard, death doth confirm and canonize them for all time. When Carpenter died, the nation mourned. The manner of death is the judgment of life. AN EPITAPH. Shortly after Carpenter died, a suggestion that a monu- ment be erected to his memory by popular subscription sprung spontaneously from the people of Wisconsin. Meet- ings were held, and a central association was formed called the Carpenter Memorial Association, with headquarters at Milwaukee, to receive subscriptions for a public monument, for which, just before his death, Jeremiah S. Black composed the following epitaph: Matthew Hale Carpenter. THE most accomplished ORATOR OF HIS DAY AND GENERATION, HE ADDRESSED NO AUDIENCE THAT HE DID NOT CHARM, AND TOUCHED NO SUBJECT THAT HE DID NOT ADORN. FIRST AMONG SENATORS AND FOREMOST OF STATESMEN, HE WAS MIGHTY IN WORD AND IN DEED. TRUE TO HIS COUNTRY AND HIS CON- SCIENCE, HIS PUBLIC CAREER WAS AS STAINLESS AS IT WAS LOFTY. HE WAS WORTHY TO STAND AS HE DID, AT THE HEAD OF THE LEGAL PRO- FESSION, BECAUSE HE WAS PROFOUND- LY VERSED IN ITS LEARNING, A THOROUGH MASTER OF ITS PRACTICAL RULES AND IRRESISTIBLY POWERFUL IN FO- RENSIC DEBATE. YET HIS FAMILY AND ALL HIS ASSOCIATES, INCLUDING THE RIVALS HE SURPASSED, ARE APT TO OVERLOOK HIS SHINING TALENTS AS THEY RECALL THE GENEROUS KINDNESS OF HIS HEART; AND ADMI- RATION OF THE GREAT JURIST, THE ELOQUENT ADVOCATE, THE BRILLIANT SENATOR, THE MATCHLESS POLITICAL LEADER, IS LOST TO THEM AND SWALLOWED UP IN PERSONAL AFFECTION FOR THE MAN. ^^di -^ V ^' "'■ -% J':\<^ '^^^'•X^ •>' ^*, 0> ^ , = "SjP^ ^^0^ X " , <^ V CI, ^ , X ' ^ 9<> < v*^ "> * «■ »- (-0^ s ^ ' V /\.„T- .^'V X<^- .^^<^' ^>-^ %' ' ' ; c^^^:^^^,; ^>^li^^^% ^' % \>->--.c/'^ '-N>^^^o"^^''"^^ -.Tr.■T--/^.*^^--■ ■<, '^