.*^°^ •o ^ ^•% ^<^ o a e 1^ • .^^ c , ' • "* '^> --If-,— * • * • • .To^ ^0- A^ ^°--^ ■J '. o ' •J » ';> » -' V* ^"" " ^ 'V A ^, ■■^A. <<• ^^ * %■ ^;> •■ - ^ ^^ ^w '» • • • A <> 4 o > •" • « . < -J' ,\' 3V "*«» •' ^^ %^ ^ <« « 1 'A * I I » • V* * .^^ "^^ > »• *v "o>c,^ ••c '^'^..nX^ '' , ■• O •3 » .. . *< '•••' -^' "^-^^''^**' ^.^<^ . • •> •5> aN^ jA" e o - o , <^ V .40 Vh * » « ^ ^O .0' .0 .^ *^^ .A^^ ^o•^_ ^'. .0 • ~^a>c.':>- ^ ^ ^V^^ o ""<: ^"^ 19 *V ^V A i'o Ni' c5 "^^^ ^0 v' "^^ »5 a ■* ..^^"•^., .1^ • -ri,- 1' .5'' ^^.• » _, .■^' S> E ?H0 Samuel Finley Viyiton. 231 SAMUEL FINLEY VINTON.* \^ By Madelene Vinton Dahlgren. It was peculiarly characteristic of the patriotic unselfishness that was the dominating principle of the public career of Samuel F. Vinton that he never paused, while laboring with unremitting zeal for his country, to prepare any journal, or written notes of any kind, that might assist the biographer to give the story of his own life. Unaided, therefore, by that light which he himself could best have thrown upon the record of a service that was singu- larly useful to the nation, one must look elsewhere for the desired information. In so far as the facts that meet the common eye are con- cerned, the Congressional records give the official history, but back of this, and forever screened by his reticence regarding himself, stands after all the real man, the impelling motives, the essential qualities, that moulded all his acts into one consistent whole. It may seem startling to say so, but his ab.solute lack of personal ambition, which repeated the severest types of the ancients, was to my apprehension unfortunate in its conse- quences. For, had Mr. Vinton grasped as most men do the opportunities of the power that high station gives, of the occa- sions which were offered to him, and from which he turned aside, it is safe to say, that an influence that was never exerted but for the right would have vastly broadened. Ambition properly regulated is for the American citizen a divine right of sovereignty! In this connection I desire to quote from some remarks made by the Hon. Robert C. Winthrop at a *This interesting and valuable sketch of Mr. Vinton was written by his daughter, Mrs. Dahlgren. of-i;*tw-¥tyrk-City. It was prepared at the request of the Secretary of this Society for publication in this volume. Mr. Vinton's argument on the boundary line between Ohio and Virginia appears elsewhere in this volume and is one of the ablest legal pleas ever made before an American court. — H. O. R. 232 Ohio Arch and His. Society Publications. [\'OL. 4 meeting of the Massachusetts Historical Society, held in October, 1890. when Mr. Winthrop said of Mr. \'inton : "He was a man of eminent ability, of great political expe- rience and wisdom, and of tlie highest integrity and personal excellence. He might at one time have been Secretary of the Treasury had he been willing to accept that office. He might have been Speaker of the House of Representatives of the Ignited States in 1^47 had he not positively declined the nomi- nation." Are these not offices which, as Mr. Webster said of the Presidency, "should be neither sought for )ior declined'' f Reverting to the "Vinton Memorial," compiled by the Rev. John Adams \'inton, I find that the subject of this sketch was the direct descendant in the sixth generation of John Vinton, of Lynn, Massachusetts, who emigrated to America in 1»US. The traditions of the race all confirm the idea that the founder of the family in this country was a descendant of the de Vintonnes who were exiled from France in the seventeenth century, on account of being Huguenot. Samuel Finley was born at South Hadley, Massachu.setts, September 25, 171)2, and called after his great uncle. Dr. Samuel Finley Vinton, who.se name appears, as also that of his grand- father, in the Mas.sachusetts archives as one of the "minute men," that marched on the "Lexington alarm" in 1775. Abiathan \'inton, the father of Samuel iMuley, was an adopted son of Dr. \'inton, who bequeathed to him most of his estate. He is spoken of in the "Vinton Memorial" as "a sub- stantial farmer in easy circumstances." He married in 17!*1, Sarah Day. The progenitor of the Day family emigrated from England to New England in l()o4. In the Day genealogy occur the names of a President of Yale and a Secretary of State of the State of Connecticut, and this honorable record continues to be sustained. We would especially mention a first cousin to whom Mr. Vinton was greatly attached, Mr. Henry Day, of New York City, wlio is conspicuous as an able jurist. Samuel Finley being the oldest of seven children, it was the intention of his father to train him as a farmer, so that he might be of assistance in the labors of the farm. But from an early Samuel Finley Vinton. 233 A^^ the thoughtful, studious boy ardently desired to receive a liberal education, and his wise father soon became convinced that it was his duty to aid the wishes of his son. A younger sister used to relate with great glee the conversation at a family council at the time it was finally decided to send "Finley" (as he was always called at home) to college, when each member had to suggest something they were willing to give up, so as to make a common contrii)ution towards the desired end. A charming picture of a united family, in which the adv^antages of a liberal education were properly appreciated. Mr. Vinton graduated at \Villian)s College in 1814. He studied law with the Hon. Stephen Titus Hosmer, afterwards Chief Justice of the Supreme Court of Connecticut; and while he was a law student he gave lessons in Latin. In 1816 he was admitted to the Connecticut bar. Finding that the profession in New England was somewhat crowded, he soon decided to seek the wider scope of the West, and went to Ohio, fortified with some excellent letters of introduction. After visiting several of the then principal towns of the State, he finally went to Gallipolis, a village of French emigres, on the Ohio River. He had a letter for Mr. Bureau, one of the most influential men of the place, and seeking on his arrival to present it, he was directed to the Court House, where that gentleman was found by him, engaged in the management of some case in his own behalf. Mr. Vinton at once perceived that Mr. Bureau was letting some nice points escape him, and quietly taking a place beside him, he gave him the needed help — soth voce. At first Mr. Bureau glanced with surprise at this stranger, who gave his uninvited aid, but he at once recognized the valuable assistance with quick intelligence. When the short trial was over, Mr. Bureau said to Mr. Vinton, "You have won my case, what is your fee?" Of course a fee was declined, and the letter pre- sented. Mr. Bureau then took Mr. \'inton home to dinner, introducing him to his two charming and very carefully educated daughters, who had just returned from their French pensioyinlat at Philadelphia. Mr. Bureau urged his young friend to locate in Gallipolis, and doubtless the beauty and grace of the younger daughter, Romaine Madelene, whom he married in 1824, aided 234 Ohio Arch, and His. Society Publications. [Vol. 4 his decision. He established himself in ihe practice of the law at Gallipolis. The "Vinton Memorial" says: "His first eflforts at the bar attracted much attention, and by the end of the first year he was in the enjoyment of an extensive and prosperous business. During six years he continued to achieve the most flattering success; rising constantly in public estimation, his income steadily increasing, and having apparently no inclination for public life, and no taste for party politics. Without any agency or wish of his own, he unexpectedly found himself, in the autumn of 1S22, nominated for a seat in Congress, b}^ a large meeting of the people of his district. His election over two formidable competitors was a decisive token of the public esteem." The astonishment this immediate success created in his New England home is pleasantly depicted in an anecdote told me not many years ago by an aged relative. He said that he happened to be at the \'inton farm one day, when a letter was received from Mr. \'inton bv his father, in which he mentioned bavins: selected Gallipolis as a residence, and asked his father the loan of eight hundred dollars for one year, to enable him to purchase the needed law books, as there was no law library and no books at hand to refer to in the pro.secution of his cases. The old gentleman looked serious, for this was a heavy and an unex- pected drain upon a New Kngland farmer situated as he was, but j)resenlly he said: " Finley must have the tools to work with, but I expect to have to make it a i^if't. not a loan.'". Evidently he never supposed his son could earn that sum in one year, or indeed in any definite time, and his surprise was great when some months later, and long before the expiration of the year, "the loan"' was refunded. But the grateful recollec- tion of an afft'Ctionatc child did not end there, for to the day of their death the filial devotion of a good son comfortedjiis excel- lent parents. It is a pathetic circumstance that lliis estimable couple died within a few days of eacli other, the loving wife being ill at tlie time of Ikt venerable husband's decease and unable to survive the sliock of his loss. Samuel Finley Vinton. 235 Shortly before his death, Mr. Vinton's father had the grati- fication of seeing for himself the esteem his gifted son had so quickly won in the place of his adoption, as he visited him at his home in Gallipolis. The old gentleman was of genial and pleasant manners, very suave and of much intelligence and refinement. The fact is, the Massachusetts farmer of the class to which he belonged was of a superior type of men such as few countries have ever possessed. If you found them during the day like Ciucinuatus at the plow, the evening was given to books, and to a mental activity that kept pace with the progress of the age. Besides, Mr. Vinton's father had been carefully trained in the home of his uncle, Dr. Vinton, an accomplished phj'sician, who had adopted him as his son and heir. * -•' * On the threshold of Mr. \'intou's political career, we pause to insert verbatim a communication received some years ago from one who knew him well and whose opinion is entitled to the highest respect. The)- are the recollections of Mr. John T. Brasee, himself an excellent lawyer, of Mr. Vinton. Mr. Brasee says : " M}' acquaintance with Mr. Vinton commenced in the autumn of 1819, and continued during his life. From 1819 to 1820, I resided at Athens, where he regularly attended the courts. In 1826, I commenced the practice of law at G^fllipolis, where he resided, and until 18->5 we rode the same circuit together and practiced in the same counties. So I may say, I knew him well. "Mr. Vinton's mind was remarkably well balanced; all its powers worked together harmoniously, giving him the clearest conceptions of all subjects he investigated, and in debate he imparted those conceptions to his adversaries and auditors, not only clearh' and fully, but in the purest and simplest language. " Mr. \'intou was a very accomplished lawyer, learned in all the departments of his profession, and very skillful in the appli- cation of his knowledge to ca.ses as tlie}^ arose on the circuit. In his cases in the higher courts, he came to his work well pre- pared; unlike most other lawyers, he studied both sides of such cases and was therefore never taken by surprise by anything developed during the trial on argument. * ^- * "From his peculiar habits of investigation, Mr. Vinton was 236 Ohio Arch. a7id His. Society Publications. [Vol. 4 a remarkably safe lawyer. His professional engagements, how- ever small the case, were never neglected. If circumstances prevented him, as they sometimes did, from giving his personal attention to a case, he provided in some way for it, so that the interest of his client should not suffer. " Mr. Vinton was a fine advocate. He seldom met his equal at the Ohio bar, and never except when he met the late Thomas Ewing. The people in his circuit would assemble at each count}'- seat in great numbers on the first day of each term of the court. Some came to hear him speak, some to employ him as counsel, and others to post themselves as to current political events. On these occasions his room was almost like a levee, except that the men were neither learned nor fashionable, but the sturdy yeo- manry of the country. * * * "The physical labor, incident to the practice of law in Southern Ohio, at the time Mr. Vinton practiced there, was great. He traveled over his large circuit four times a year, generally on horseback, as that was the only mode of traveling at that period. '•' =■' * As often as I have thought on the subject, I have been surprised that his fragile frame, unadapted and unaccustomed to anything like manual labor, could endure so much bodily inconvenience, with all the mental strain he was subject to, without any apparent over -work or fatigue. ■•- ^'^ ^= "One spring, without Mr. Vinton's knowledge, and in his absence, he was elected supervisor of the Gallipolis road district. This was brought about by reason of his complaints of the neglect of the supervisor of the previous year in not keeping the roads and bridges in order. Those who elected him did not expect him to qualify or serve, but supposed he would decline and pay his fine, which was small. But he promptly qualified, and in due time called out his hands, and accompanied them on the road daily, supervising their work from day to dav, until every man had worked out his two days" lal)or. The hands did not re-elect him. They .said lie exacted full work of them, and that there was no fun in the thing, as they had supposed. Such was his devotion to duty. "Mr. \'iiit()n was a man of great moral courage. I never knew his ecjual in that respect. In e\er\- exigency of life this Samuel Finley Vinton. 237 trait of character was predominant. It was perhaps the more noticeable because of his delicate physical organization. * * * " Mr. Vinton was an exceedingly companionable gentleman. He met the court, the bar. and his personal friends upon a plane of equality. He made every one around him feel pleasantly, while by his wise thoughts and words he was delighting them. He was always especially kind in manner to the young men at the bar, and always disposed to give them aid and coun.sel in their professional difficulties, lie was sagacious about all the affairs of human life. He perfectly understood the motives that impelled to action, and was a consummate judge of all classes of men. I have frequently thought he could elicit the truth from the nature of the falsehoods of a lying witness. * -■' '-•' •' Mr. Vinton never was a politician, but a statesman in the best sense of the term. He told me while in Congress, that as often as any new measure came u]) there, the question at once arose with many members, 'How will this affect my popularity at home?' 'As to myself,' said he, ' I never spend my thoughts upon such questions. How will the measure affect the country? occupies all my thoughts.' "The late Mr. Thomas Ewing told me, shortly after Mr. Vinton's death, 'That when he died the wisest statesman in Washington died.' "When Mr. Vinton was first started to Congress, Jackson county was in his district, and continued so for many years, until a new districting took place, when it was placed in Ross district. The autumn when this change took effect, I think in lSo:2, Mr. Vinton attended the Jackson Court of Common Pleas, and after it was about over, he made a speech at the Court House to his former constituency of that county. It was a great .speech, equally creditable to the head and heart. He called to mind his first election, the generous manner in which they turned out to secure it. when he was young and wholly unknown in the political arena, and for this generous confidence he had ever been grateful. He considered in detail the leading measures that had passed Congress during his .service, that he regarded as beneficial to the Western people. He pointed out questions that were to arise in the future that would be freighted, some with 238 Ohio Arch, and His. Society Publications. [Vol. 4 good and others with great evil and mischief to the country. From these texts he spoke expansively, boldly and manfully; sometimes bringing tears from most of his large audience. * -'' * "Mr. Vinton's constituency were more than usually intelli- gent, having a large mixture of New England people and their descendants. The most intelligent men among them were always proud of him as their Representative and controlled matters so as to keep him in Congress about as long as he would serve." * -'• * Mr. Brasee, in these interesting reminiscences, has spoken of the "moral courage" of Mr. Vinton. He had also extraordi- nary physical fearles.sness, as was evidenced on various occasions. It is related of him, that once when riding along a lonely highway, he was accosted by a notorious desperado, who he had been warned intended to do him harm, when he said to the fellow: "Whenever you are ready, by day or night, come on, I am ready. Good -day," and he rode on unmolested. * * ^K Reverting to expressed opinions of Mr. \'inton as a lawyer, Mr. Winthrop says, "That he practiced his profession with great success and 'distinction,' of which numerous cases could be cited before the Circuit Courts, the Supreme Court of Ohio and the Supreme Court of the United States. There was one case that I mention as being of public and enduring import- ance that Mr. Vinton was appointed by the Governor of Ohio to go to Richmond and argue. The argument was delivered before the General Court of \"irginia at its December term in 1S4.3. The real point at issue being the protection of the " rights of sovereignty and of soil." on a boundary question between the States of \''irginia and Ohio, involved in the locality of the recap- ture of certain slaves, alleged to have been abducted. The opening of this defense is a master- piece of dispas- sionate rejily. Mr. \'inton in few, calm, yet forceful words, covers the whole field with logical precision, and shows the true subject at issue. The good taste, the dignity of the defense are consummate. Is it irrelevant in this matter, and as illustrating Mr. \'in- ton's calm, personal bravery, to mention, that at the time he went to Richmond to argue this case, there existed an intensely Samuel Finley Vbiton. 239 -excited state of public feeling there on the subject, which he had fully measured, for when the writer of this sketch, then a 3oung girl, begged to be permitted to accompany her father to the Capital of Virginia, he said that he "did not deem it safe for her to go with him at that time." '■" * * Colonel Charles Whittlesey, in his pamphlet, "Western Reserve — Origin of Title," written for the Historical Society of northern Ohio in 1876, says of this argument: "Its style is unusually interesting, the diction clear, and the investigation exhaustive. Mr. Vinton exhibits the acuteness of a good lawyer, the broad perceptions of a statesman and the eloquence of a practiced historian." And here let me state that I prefer, whenever I can do so, rather to quote from other sources than to give my own conclu- sions, so that it may not be supposed that partiality for a parent has influenced judgment. A memoir of my father that appeared in the A^nerican Review of September, 1848, saj^s: " It was with more of surprise than pleasure that in the j'ear 1822, he suddenly found himself, without any agency or wish of his own. nominated for a seat in Congress by a large meeting of the people of his electoral district. "He had two formidable competitors, over whom he was elected, and for fourteen years, by a merited confidence from his constituency, he continued to be returned with increasing ma- jorities, until in ]8oG, he voluntarily withdrew from public life. " From the first, that power of labor and that prompt instinct of the useful, of the substance of things, which had so quickly made Mr. Vinton a leading lawyer, rendered him an efficient representative. "He applied to each question as it arose, his strong powers of investigation, and as he was never the man to waste his time or that of the House on attempts at display, on efforts to shine, he soon mastered the main business of legislation, contributed to perfecting it, where the young member can best serve as he learns, in committees, and early began to make himself felt in the origination of sub.stantive measures of importance." Mr. Vinton entered Congress as a Representative in 1828, 240 Ohio Arch, and His. Society Publications. [VoL. 4' and was placed for several successive sessions on the Committee of the Public Land. He was from the outset on the alert to suppress fraudulent practices at the public sales, and he greatly desired that these sales should be used for great purposes of acknowledged utility for some national object or objects. The result of his labors in this direction is admirabh^ given in the American Review, which saj-s: "In 1826 he brought forward and carried through the House of Representatives a modification of the Land Laws as to whatever, by the original ordinance of May 20, 1785, was set apart in order to found, in all the future States to be formed out of the National Domain, a great system of popular instruction. By this ordinance (see Laws of the United States, Vol. 1, p. o(3o), was reserved from sale in each township, for purposes of educa- tion, one section of land (six hundred and forty acres), that is, one thirty -sixth of the whole surface. "But this endowment and its beneficent purposes was prov- ing a sad failure from the wa.ste of local management, or the spoil of local combinations. A wretched system of leases and tenantry had in particular arisen under it. "The correction which Mr. \'inton brought about began, prudently, with an experimental change in his own State: his law empowered the Legi.slature of Ohio to sell the school lands within her borders, and to invest the proceeds in some perma- nent, productive fund, the income to be foroxor applied to the support of schools within the township for whose use the land was originally reserved. Becoming at first the law of Ohio only, the benefits of this bill have been extended in succession to the rest of the United States. * -•' '=^ Few of our legislators have had the good fortune to achieve a public service greater than this, or which will be more felt by posterity in that which will forever make its dearest part, its moral and intellectual being."* Speaking on this subject, Mr. Robert C. W'inlhropf says of Mr. X'inton: "It was to him that Ohio t)wed the passage of a ^ For the debate on this hill, Gales ic Seatou's Register, Vol. 2, part 1, p. S;}*), 1st Session, lilth Congress. t Remarks of lion. Robert C. Winthrop at a meeting of the Massa- chusetts Historical Society. October K, iS'.tU. Sa7}iucl Finlcy Vintoii. 241 law authorizing and empowering her Legislature to sell the school lands which had been granted her by Congress in 1H08, and which covered a full thirty -sixth part of her whole terri- tory, and to invest the proceeds in a permanent fund, of which the income should be forever applied to the support of schools. The benefits of this law have since been extended to all the new States. Mr. Vinton is thus most honorably associated with the first great measure of national aid for education." In the course of his remarks about Mr. Vinton, Mr. Win- throp adds: "It was my privilege to enjoy his friendship and confidence during all my congressional career. We were in sympathy and accord as members of the old Whig party during that whole period of eleven or twelve years, without the slightest disagreement on any important question of public interest. Our friendship and confidential correspondence ended only wdth his death. '^ * ^ I look back with pleasure and with pride to an intimate association in Washington with not a few of the most eminent men of Ohio. * '''- * But there are none of thera whom I recall with greater respect, or with a warmer or more affectionate regard, than vSamuel Fiule^' Vinton." The recognized distinguished public service of Mr. Wiu- throp is such that I have transcribed his generous words regard- ing his friend literally, being fully aware of the weight his words carry. * * * But not only as regarded the placing of her public schools upon a sure and enduring foundation, so as permanently to increase the means of education in Ohio, was his public ser- vice inestimable, but also in relation to defining the boundary lines as between Virginia on the South, and her northern bound-, ary with the then territory of Michigan; and was likewise watch- ful to promote a system of internal improvements for her roads, rivers and canals. In these and other measures of importance to Ohio as they arose, his untiring and efhcient services were of great value. Like a loving son, he was ever ready to protect her name from even the shadow of aspersion. How often did he take occasion on the floor of the House to point out the superior advantages which she po.ssessed. With 242 Ohio Arch, and His. Society Publications. [\'OL. 4 what affectionate pride did he speak of the people of Ohio, f "their cheerful submission to the general government, their firmness and resolution in maintaining their own rights," attrib- uting " the sources of her prosperit}' not solely to the salubrity of her climate, the richness of her soil, but more than all to the moral worth, the enterprise and industry of her people." * * * As early as the first session of the nineteenth Congress, 1825-20, Mr. Vinton became deeply interested in the legislative provisions necessary to carry into execution our treaties with the various tribes of Indians, and concerning measures needed for their relief. His first solicitude was for the Florida Indians, later on for the Clioctaw Nation. In some remarks made in 1827 in their behalf he dwelt upon the evident duty of the House to see that our negotiations with this poor and oppressed race were fairly and properly conducted. On May 24, 1830, he addressed the House in a speech of two hours against the removal of the Indians beyond the Mississippi. In this ringing speech, which reads in its eloquent appeal like a chapter of "A Century of Dishonor," he recapitulates the injus- tices, the perfidies, inflicted on the Florida, the Quapaeo, the Delawares and other tribes of Indians whom we had reduced to distress by removal. In this speech he advocated "giving them the right of individuality of property," and " also to place them under the influence of schools," characterizing their removal as " a work of desolation and cruelty," and he also pointed out the fact that many of the southern Indians had negro slaves with them, whom they carried beyond the latitude of 30° 30', emi- grating with them, and he commented on our treaty with the Cherokees as a direct and gross violation of all justice. If the country, he asserted, was charged with any violation of public faith which bore with particular force upon its national character, it was this, of its obligations to and contract with the Aborigines. Mr. \'inton's deep interest in the welfare of the Indian, and the consequent careful investigation of legislation regarding them, led him in a very unexpected direction. But in the recital of this matter, I prefer again to (luote from the .\nurican Rcvicic, which says : " Mr. \'inton"s next great public service consisted in not an Samuel Finlcy Vinton. 243 act of Congress brought about, but in a cunningly devised scheme of legislation foiled and defeated. " Mr. Calhoun set forth his project in a somewhat elaborate paper from the war office, dated January 24, 1825.* -'- * * The ensuing administration of the War Department, under Gov- ernor Barbour, found this policy actively organized, and in the process of silent and sure execution. He adopted it and urged the scheme in a project for the preservation and civilization of the Indian, communicated on February 3, 1826, to the Com- mittee on Indian Affairs. Mr. \'inton soon penetrated the con- sequences and was able finally to defeat them by making them apparent to others. "It was, it seems, intended that under the plea of the impossibility of carrying out this great work of benevolence, otherwise than by uniting the Indians in a single region, that region was to be drawn on the west and north of the line of the Missouri compromise, so as to cut off the formation of any further States in that direction, while the tribes of the south translated almost entirely north of the parallel of 36° 30\ should leave the slave States an open frontier acro.ss which to extend themselves indefinitely west. This astute plan would, one maj- now readily .see, if executed, have secured to the South a perma- nent political ascendanc}'. * * * Except in that part of Michigan, then a territory, no free State could ever have been formed in the West this side the Rocky Mountains. * * H- "Mr. Vinton's attention became directed thither, and he discovered the reach of the scheme, as well as its bearing upon the interests and power of the West. He determined at once to apply himself to its defeat^ "The Committee of Indian Affairs had, for two of three successive sessions, reported bills for carrying this policy into effect, but tho.se bills had, through the pressure of business, either never reached or not been acted on b}' the House. " In this state of things, at the first session of the Twentieth Congress (1827-28), Mr. McDuffie, then Chairman of the Com- mittee of Wavs and Means, moved as an amendment to the See Document 64, second session of Eighteenth Congress, H. R. 244 Ohio Arch, and His. Society Publications. [\''OL. 4 Indian Appropriation Bill, the appropriation of $.jU,OUO towards removing beyond the Mississippi tlie Cherokees and such other Indians as might consent to emigrate. The real object of the measure was not the appropriation itself, but something more important; to commit the country and draw it into this policy. To counteract and expose the movement, Mr. Vinton offered an amendment to Mr. McDuffie's proposition, attaching to it the following conditions: That no Indian or Indians living north of latitude 3(J° oO' shall be aided in removing south of that line, nor any living south of it be aided in removing north of it. " Upon this amendment Mr. Vinton made a speech, in which he examined and developed the whole plan, its effects upon the Western States and its relation to the balance of political power, as between the slave -holding and the non- slave -holding States. His discourse,* full of weight and .sense, but marked with the firmness and moderation which have always distinguished him, told at once upon the public attention, and although his amend- ment was voted dowai, ^et the debate and the subsequent oppo- sition which it formed to the scheme of transferring the Southern Indians North, under such territorial guarantees, ultimately compelled the abandonment of the plan, and ever after the aborigines, of whatever latitude when removed West, have been carried forward as Mr. X'inlon proposed, upon the parallels of latitude to which they belonged. Tt) him, then, the West owes the subsequent admission of both Wisconsin and Iowa." As regards my father's own estimation of the ultimate consequence of thiis being able to thwart the.se machinations for the supremacy of the South, I have a private letter of his, iu which he alludes to this result as probably the most important public service he had accomplished at that time. Although he was modest in the appreciation of his own efforts, yet his mental perceptions were invariably so clear as to enable him accurately to measure the scope of that which \\c performed. Mr. \'inton was placed, in the Twenty -first ami Twenty- second Congress of 1820, 18-30 and 18-)1, on a select committee relating lu internal inijirovements and the distribution of the "See Gales & Seaton Register of Debates, volume 4, part 2, page 15G8. Saimiel Fiidey Vhito7i. 245 •surplus reveuue amoug the several States after payment of the public debt. And in 1832, 1838, 1834, 183o and 1836 on a Com- mittee on Roads and Canals; and public lands for school lands also claimed his attention. It was characteristic of Mr. Vinton's mind to investigate any subject placed before him with the most patient diligence, and during these years of untiring committee work, he made himself the master of the questions relating to the public domain, with their cognate branches. He inquired into the effect of the existing pre-emption law^s upon the sales of public lands and upon that portion of the public revenue. In 1820 a debate arose concerning an appropriation to in- crease the amount for surveying the public lands of the United S ates. Mr. Vinton was opposed to this increase, as he was satisfied that too much land was thrown into the market at once, in consequence of too rapid a survey of the public lands, and thus pressing the market in excess of the demand, thereby fostering a sj-stem of speculation. This question of increased surveys was repeatedly intro- duced, and whenever it aro.se Mr. Vinton debated it and ob- jected to bringing more land into market than there was a demand for. When on the Committee of Internal Improvements, he was always in favor of liberal appropriations in their behalf. In defining his views he said: "I would keep up the military, naval and civil establishments of the country, and, if there was any surplus remaining, I would devote it to internal improve- ments, and I mean harbors on the seaboard as well as on the lakes, improvements on the exterior as well as the interior. I would devote it to tho.se purposes that would facilitate inter- communication, that would build up the trade of the country; not merely among ourselves, but with foreign nations." In pursuance of this line of policy, he introduced a bill December 11, 1848, granting public lands to certain States therein named, to aid them in the construction of roads and canals, and the improvement of their rivers, making the appeal for public economy, and in order to meet the necessities of pub- lic business. 246 Ohio Arch, and His. Society Picblications. [Vol. 4 In a speech January' 17, I'^-W, in behalf of the improvement of Western waters, he said, that during all the time he had held a seat in Congress, when appropriations were proposed for public improvements, he had never stopped to inquire in what partic- ular section of the Union those improvements were to be made ; but that he had voted for all improvements of the utility of which he was satisfied, without regard to their location. Concerning the constantly disputed question of appropria- tions for the District of Columbia, Mr. Vinton said in a speech on the subject, that " in contemplation of law and of the Con- stitution, this entire district was nothing but a seat of govern- ment, and when it was provided that such a district should be set apart as the seat of the general government, no other idea had ever been entertained but that large appropriations would be requisite for it as such, ■'^ * "'=' and as the city increased in size they must of course increase in amount." Constantly endeavoring to protect the government from a waste of expenditure, and to guard the revenue of the public domain, he opposed the bill for land bounties to the troops who served in Indian wars in the Western country under Wayne and others in the last war with Great Britain, in the Florida war, etc. He considered these bounties as a pure gratuity the country was not in position to grant, and he thought that speculators in these warrants would doubtless pocket nearly the whole amount. This was in 1850, and Mr. Vinton deemed that the financial condition of the country, with its registered debt of ^6o, 000, 000, which was then deemed a vast sum, would not justify the loss of rev- enue derived from the sale of the public lands. This bill was passed to meet the popular clamor, but the result, as usual, proved the wisdom of Mr. \'inton's views. But he was always opposed to demagogues and demagogism. The general estimate as to the value of his labors to pre- serve the public domain from waste was voiced by The American Review of b'^48, when it said: " Upon one great branch of legis- lation, the care and disposal of the public lands, Mr. \'inton has long made him.self to be looked to as the leader in the House of Representatives, we might safely add in Congress, of the party who have watched over their right administration or averted Samuel Finlcy Vinton. 247 their waste. During all the period over which we have pro- ceeded (of Mr. Vinton's public service), and especially after the accession of General Jackson, unceasing efforts were made; now by speculators, now by demagogues, next by a natural coalition of the two, and lastly by the auxiliary influence of the adminis- tration itself, which was largely made up both of speculators and demagogues, to incorporate into the public land system such changes as would, without any compensating increase of our population, have ruined that branch of the national revenue and broken up entire the great machinery. * '^' ^'^ Mr Vinton made himself master of the history of the public domain and of the policy which has governed its disposal, its management as a srreat branch of the national revenue, its relation to other high questions, the progress of our population, the enlargement of internal commerce, and the connection of all these subjects with the social development of that vast central region, destined prob- ably in the end to control the fortunes of this Republic." "It is not going too far to say that but for his able and vigilant resistance of every new scheme for the purpose, but especially of that which calls itself ' graduation and deduction,' laws would have been passed as far back as 1828 which would have resulted in 1.he extinction of that source of public income ; have flung open the whole of these wide territories as the scene of a general scramble for plunder ; have corrupted still more our Government, and have brought about the almost equal evil of wild, and wide, and long continued land speculations." * * * Questions of tariff, which may change as to detail, but are always the same as to the underlying principle, were as hotly contested in former Congresses as now. But being then compli- cated with the slavery issue, which entered as a disturbing force in all our legislation, these discussions were of the most serious import. As far back as 1828, when a proposed increase of duty on molasses imported from the West Indies was debated, Mr. Vinton said he ' ' was a firm believer in the American system in its fullest extent ; that system being based upon a single and simple prin- ciple that the producer, whether farmer or manufacturer, must have a market for the fruits of his labors. Protect him in the 248 Ohio Arch, and His. Society Publications. [\'OL. 4 possession of the market and against ruinous competition, and he will take care of himself." In this and other speeches on the tariff, Mr. \'iulou showed great accuracy of financial detail, so that his opinions were fully supported by facts, and were especially convincing. In 1833, there grew out of the nullification movement a pro- longed debate on the cotton duties proposed in the tariff bill, in which Mr. Vinton took a leading part, disproving by carefully prepared statistics the accusation made, that the commercial policy of the country imposed too onerous a taxation on the South. In the course of his remarks, he said that he had at all times voted to protect and encourage southern industr}-, but he had done, and would do, the same for northern capital and industry. At that time, South Carolina threatened secession and Georgia disunion. Mr. \'inton made an impressive appeal in behalf of the Union, in which he said: "The Constitution of the United States is the consumma- tion of that liljerty and union which our fathers purchased with blood, with suffering, and with treasure. It is a perpetual cove- nant between them and us, and our posterity. They have trans- mitted the precious inheritance to us, and we are bound at every cost to hand it down to those who shall come after us. * * * When force shall triumph over the Constitution, the government is at an end." Upon this and other occasions, Mr. \'iuton sustained the protective principle, pointing out that the doctrines of free trade must necessarily end in direct taxation ; and declaring that he "was not a free trade man, and would never agree to impose a direct tax, while a system of indirect taxation would answer the purposes of government." He asserted that if they gave up a tariff, it must necessarily end in direct taxation; and that "the protection of the home labor of the country was the only sure foundation of public prosperity and of abundant supply of revenue." As we are now nearing the close of Mr. \'inton's first period of service, it may be well to note several other of his motions brought before the House, which have more or less general in- Samuel Finlcy Vinton. 249 terest. On May 9, 1834, he reported a 1)111 from the Select Com- mittee on Patents, "to erect a fire-proof bnilding for the Patent office and for other j^urposes." On June 9, 1884, he proposed to extend square west of the Capitol to the foot of the slope and to extend the botanical garden to the canal; but these motions did not succeed at that time. Yet Mr. Vinton foresaw the advisability. He wished in 1835 to carry the graduation of reduction of postage. This, he said, would increase instead of reducing the revenue. A fact since proved. He objected to members of the Plouse who were absent, ex- cept on the business of the House, being paid. He was always the friend of scientific investigation, and de- sired liberal appropriations for the coast survey and for the advancement of science. He never lost an opportunity to show his affection for his constituents, or his interest in the State of Ohio and the western country. I notice among a host of petitions presented by him, one from citizens of Washington and Athens counties wdiere he takes occasion to add: "There is not beyond the Allegheny mountains a people more eminent for sobriety of habits, social order and general intelligence." Although Mr. Vinton had been re-elected to Congress for fourteen successive years by constantly increasing majorities, yet he voluntarily withdrew to private life in 1837. At that time it was his intention never again to take any part in public affairs. His private business had long been neg- lected for the public service. He considered it a duty to amass a suitable competence for his family, and he said that he had never been able to do more than make temporary provisions out of the Congressional salar}^ for the necessities of his position. During an interval of six years he was engaged in various business projects, as well as in a lucrative and rapidly enlarging practice of his profession, and it was with unfeigned reluctance that he was again in 1843 drawn back into the House of Repre- sentatives. At that time several highlj' respectable men in his district were candidates, and there seemed to be no other way to adjust their differences but to select one who, by his conspicuous 250 Ohio Arch, and His. Society Publications. [\'oL. 4 former service, had gained the general esteem and confidence. Mr. Vinton was accordingly nominated and elected. It may be readily supposed that when Mr. \"inton re-entered Congress, his ripe experience and undoubted ability were at once recognized, and that he w'as given a leading place in the councils of the Nation. The Committee of Elections during that Congress had the most weighty issues placed before them, and he was assigned to that committee, where his experience and talent would prove of greatest value to the country. But he begged to be excused from serving on that committee on account of the state of his health, which was at that time two much impaired to admit of so severe a strain. He was then placed on the Judiciarj^ Committee, where he at once directed his attention with the clo.sest scrutiny to questions of constitutional law. His labors in this direction culminated in iSoO, in the prepa- ration of a most important organic law, which, later on, I shall speak of. A proposition of his, soon after he became a member of the Judiciary, was that an article should be proposed to the legisla- tures of the several States, as an amendment to the Constitution of the United States, to take effect from and after 18G0. regu- lating the mode of election of the President and the Vice Presi- dent, and in the first session of the Twenty-ninth Congress, 184o, he re -introduced this amendment as a joint resolution. About the period of his re -entrance into Congress, Mr. Vinton was appointed one of a committee of nine to revise certain standing rules and orders of the House. This was a work he was well fitted to perform, having always been a close student of parliamentary law. Having added to his investiga- tions in this direction a valuable experience, he had gained a familiarity with all the rules regulating debate and the laws of the House. Tliis knowledge gave him great advantages as a party leader, enabling him to seize and avail himself of each occasion as it aro.se and gain any opportunity to be derived by a skillful tactician. Thus when he became Chairman of the Committee of Ways and Means, during the period of the war with Mexico, he evinced a special faculty at this most critical juncture for the systematic expedition of business. Samuel Finlcy Vinlon. 251 Mr. Viuton also possessed one absolute qualification that enabled him to exert a dominating influence over others, in never losing command over himself. This remarkable and firm self-control must have resulted from the continued exercise of a severe mental discipline and unconquerable will power, inas- much as Mr. Vinton was naturally of a very sensitive, highly strung, nervous temperament, being a man of deep feeling and slight bodily frame. To a close observer and analj'st his appearance indicated very fairly what manner of man he was. His mild, but pene- trating, clear blue -gray eye meant a kindly, but well-balanced intellectual light, while his thin, compressed lips evinced the singular determination of his character, and the high and ample brow heralded a domain of thought that inspired respect. Soon after the terrible affliction in 1831, of the death of his dearly beloved wife, whose loss he never ceased to deplore till the day of his death, an affliction made all the more crushing by the sudden decease a few months later of his only son, a bright child of rare promise, his profusion of brown hair turned gray, and from gray soon softened into a silvery white that added a serious dignity to his appearance, while comparatively a young man. Mr. \'iutou's manner was calm and composed amidst the excitements of the political arena, but in social circles he was conversational, affable and suave, giving more than glimpses of the real tenderness of his nature. I pause midway in the recital of his life's history, affection- ately to transcribe this pen -portrait, from the ineffaceable im- pressions, the vivid coloring of his dear and honored presence stamped upon my heart and fixed in my mind's eye. Thrice happy tho.se whose virtues cause their children to ' ' rise up and call them blessed! " But to revert from the personality of the man to the crowded events of his busy life. On February 12, 184-1-, there arose a very acrimonious debate, involving the jurisdiction of the States, on the contested elec- tions of the members of the House of Representatives, elected 252 Ohio Arch, ayid Ills. Society Publications. [Vol. 4 by the general ticket system in the States of Xew Hampshire, Georgia, Missouri and Mississippi. Mr. Vinton made a speech that day in which he opposed the nullification of a solemn law of the land by the four States that had thought proper to refuse to comply with the law of Congress declaring that elections should be by single districts throughout the United States. He argued that if the law of Congress should be considered the valid law of the land, as a valid law, it puts aside State legislation. In the absence of any legislation by Congress, Mr. Vinton held that the States had unqualified juris- diction. Congress might interpose to alter, to frame another body of legislation. The duty was mandatory upon the States but discretionary with Congress. This is a provision of the Con- stitution of the United States, made in pursuance to the Consti- tution, anything in the constitution or laws of any State to the contrary notwithstanding. At the close of his remarks Mr. Vinton^made an eloquent plea in behalf of sustaining the Con- stitution. On February 14, 1845, (second session twenty-eighth Con- gress), Mr. Vinton made a speech on the admission of Iowa and Florida into the Union, in which he forcibly exposed the danger arising from the policy of giving to the new States laid out in the West a greater extent of territory than they ought to have had, thus depriving the West of the political power to which she should be entitled. He pointed out that these States of sufficient area to contain a population equal to two or three Atlantic States have, in this way, no more representation in the Senate than any of them, adding, regarding the admission of Iowa, that he be- lieved the great Western \'nlley would become the conservative power of the Union. 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