0^ ^^ ^^ o V **• .- .0 ^ ^. ';^ii^^ A- ^ * O » ^ ^^> M> "^.^ .0' ^«^.- *^■* M^' .0 ^' "^ A%^'V. ^^ /'-'■■•• V^^ ^■^■'^'v ^,,^ .V-- %."•'' .^ ^ " ° -» 'o <', -tz^o^ O ^.,-c^,,^<^^ O ,-^- o ^'- 0^' <^, v^' o^ *-» , (p- O N •> :^' ^V\^^< u ^ O O ' , . s ' -vS^-^_ \y ^. ^^v:;'^' J" " " f O - 1.0 -7-. ^^ ^^^ ^. -5^ A o .0 ./\ ^>. ■^ .\- ■r^N ; .\^^ % O 5 • * .- > %'.^>^-\^^ A^' ,4 o^ •v^-n^- ^„ A. kP . <• c , »^|, ■1^ o' x^' .^.^%^^ >e cA o^ * » , 1 " ,0 ^^ -^ ^. ^A < -p a ^ ' ^ ^ V^^ ,4 o^ ■> V \^ %. - ,0' 0^ . ^. ^^ y^ < o^ ^^S" AyP .% / ^^ ^ 'A A^' ^^ ' A- ^. -.V ■\ -i*' <^ -n^-o^ C^ o 4^/ ,^^ ^^, -*^* ^^ -^^ °o't V, * » » ' <;,^ .^^ f ■» * o- Y MEMORIAL CALEB GUSHING, FROM THE City of Newburyport. " TO THE QUESTION, WHETHElt THE UNION IS WORTH HAVING, I REPLY THAT IT IS NOT ONLY TO BE CUERIiSHEU FOR ALL OF GOOD WHICH IT GIVES, BUT ALSO FOR ALL OF UNUTTERABLE ILL WHICH ITS DISSOLUTION INEVITABLY INVOLVES.''— Cus/lilig'l) addregg at the layinq of the corner stone of City Hall, Meiobiiryport, Jtdy 4, 1850. NEWBURYPORT : PUBLISHED BY ORDER OF THE CITY COUNCIL. MDCCCLXXIX. WILLIAM H. HXJSE & CO., PKINTEKS, NEWBURYPORT HERALD OFFICE. StP 12 '^^ CITY OF NEWBURYPORT. In Common Council. Octobor G, 1879. Ordered, The Ma3'or and Aldermen concurring, that a joint special committee, consisting of the Ma_yor and two members of the Common Council be, and hereby are, appointed to prepare and publish in a convenient form, a full report of the proceedings at the memorial services to be held in City Hall, Wednesday, Oct. 8, 1879, the cost of said publication to l)e charged to the account of Inci- dentals. In Common Council, October G, 1879. Adopted under a suspension of the rules, and Messrs. William E. McQuillen nnd Thomns IT. Bonrdmnn ;i|)pointed on the part of this board. Attest, Thomas E. Cutter. Clerk. In Board of Aldermen, October 6, 1879. Adopted in concurrence. Attest, GrBORGR H. Stevens, Citv Clerk. CITY OF NEWBURYPORT. In Commox Council, November 3, 1879. Resolved, That the thanks of the City Council are hereby ten- dered Hon. Cxeorge B. Loring, of Salem, Mass., for his able and appreciative eulogy of our late distinguished townsman, Hon. Caleb Gushing, on the occasion of the recent memorial service held in City Hall. Newburyport, Mass. Resolved, That the Mayor be. and hereby is, directed to request a copy of this eulogy for publication in pamphlet form, with the other proceedings of that occasion, and to ask that the original man- uscript may l)e placed in the hands of the directors of the Public Library, to be carefully preserved in the archives of that institu- tion. In Common Council, November 3. 1879. Passed . — Attest , William A. Davis, President. In Board of Aldermen, November 3, 1879. Passed in concurrence. — Attest, John J. Currier, Mayor. CONTENTS. Death ok Ualkb Cusuing, Action ok thu City Govkknmknt, Decorations and Invited Guests, Exercises at City Hall, Eulogy by Hon. (George B. Loring, Letters from Invited Guests, . 9 17 21 35 33 H3 APPENDIX. BlOGRAI'lIIOAL SKET(!H, ...... PltOOEEDINGS OF TUE CUSIIING GUAltD AT NEWISURV TORT, IN THE General Court of Massachusetts, OF THE Massachusetts Historical Society, . of the Bench and Bar of the U. S. Supreme (-'ourt, OF the Massachusetts Association at Washington IN the Supreme Judicial Court at Salem, Mass., IN THE CiR(;uiT Court of the United States at Boston . Ill . 113 . ik; r, 120 , . 138 . 151 TON, . I(i5 DEATH OF CALEB GUSHING. Caleb Cushiistg died at his residence in 'New- buryport, on Thursday evening, January 2, 1879, in the seventy-ninth year of his age. This sad intelligence qnicldy spread over the country ; but nowhere was it received with more profound regret and sorrow than among his own townsmen. For several months previous to this event his naturally strong and vigor- ous constitution gave evidence of failing health and strength; and, although under the care of a physician, yet he had been able to attend to his professional engagements as usual, and at the time of his death had been confined to his house only a few days. Friday morning Mayor Smith called a special meet- ing of the Board of Aldermen to take action in rela- tion to this sorrowful event, and ordered the churcli bells in the city to be tolled one hour at noon on that day. At the special meeting of the Mayor and Alder- men, held Friday evening, the following resolutions were unanimously adojDted : Whereas, we have learned with feelings of the deepest sorrow of the sudden decease of our esteemed and eminent fellow-towns- 2 10 MK>rOKI.\r. OF CALEB OFSHIXG. m;in. Hon. t^nlob CusliiuiT, by which ovoiit. in the rrovidenoo of «.MHi. tho niUioii h;is lost ono. who lias for n long tonn of years tilled varvons positions of trust and responsibility in its g-overn- n\ent — the State, a partieipant in the duties of the legislative aud jndieiary departu\ents. — aud this eity. one who first oecupied the position of mayor at\d who has ever been ivgarded as the valued oiti/.ei\ and ilistitiguished statesiuan, therefore, l\KSOi.\ F.o. That we unite \vith the bereaved relatives in their sori\)w. and tender to them our deepest sympathy in their atlUetiou. Kksov.vko, That a eopy of these ivsolutious be sent to the family of the deivased. .Eksoi.vki>. That the City Clerk be requested to enter these ivso- lntiot\s on his iveoixls, and ftiruish a eopy of the same to the press fvH' publieation. Tito tintoi-al of "Mr. Cushuto- took place at Ms late restdonoo on lliiih street, ^Foiulay afternoon, the sixth day ot Januarv. The day was chilly and cold. The shy was overcast, and a light, newly fallen snow covered the ground. There was no pnhlic demon- stration beyond ihe lollittg of the chin'ch hells hy order of the City Councih and the draping of Essex HalK hy the Cnshing Gnard wlto occupied the huild- lug as an armory. The brief ai\d simph^ religions ser-s-ices were attended by his relatives and personal friends, hy the Mavor of the new tiiy government. Hon. John J. Currier, and several ex-Mayors; by tn embers of the bar. and manv clergymen, and prominenr citizens, and distinguished gentlemen from other cities and tONVltS. A single tloral tribute lay on the casket, the desiiiu being the sword of a general. The hilt was composed of purpk' and the guard of golden immor- telles : the blade of white carnation pinks, and the cdiTc ot white immortelles fringed with smilax. and a DEATH OP CALEB CUSTTTNG. 11 star at the hilt. This was an olFcrin*:^ received from the Coshiiig Giiai'd. The silver plate, atlached to the black walnut casket which was covei'cd with a bhick broad-cloth having silk velvet mouldings, bore this inscription : CALEB CUSIIING. BOUN JANUARY 17, 1800. DIED .TANUAllY 2, 1879. Rev. Daniel T. Fiskc, 1). D., of ]Srewbury])oi't, con- ducted the services, and before reading selections from scripture, he said: " This hour and this service are for the living more than for the dead. A great man has indeed fallen among us; a man distinguished alike for his rare natural endowments, his extensive culture and erudition, and his varied public services; a man who has for half a century filled a large place in our country's history, has ably and honorably represented the nation abroad, and has filled many im[)ortant offices of civil trust and responsil)ility at home. The de[)arture of such a man calls for some public tribute of respect for his memory, and acknowledgment of the eminent services he has rendered our city, our commonwealth, our country and the world. Some fitting occasion and fitting lips will doubtless be found for the utterance of such a merited tribute, but to-day we come as mourners, to bear to its last rest- ing ])lace all that was mortal of a brother, a friend, a neighbor, a fellow-citizen. For support and comfort in this duty we need not the words of eulogy, but the words of God and the words of prayer. Let us then attend to the reading of the Holy Scriptui'cs, as they speak to our stricken hearts." He then read the following appropriate selections: Lord, thou hast been our dwelling place in all generations. Be- fore the mountains were brought forth, or ever thou hadst formed V2 ]srK]vroijT AT, ov c\iau\ gushing. (ho I'Mi'th Miul (ho worKl. i>vou ['vom ovorbistiui:; to ovorlasting, thou :irt Ciod. Thou tiiniost man to doslnu'tioii ; ami savost, Koturn yo c'hiKh\Mi of luiMi. Vov a thousand voars in thy sii;ht aiv but as yostor- day whiMi it is pasi. ;nul as a wati'h in tho niuht . * * * Tlio ilays ol" our yoars aro ihioo si'oiv and ton : and it" by reason of stivuii'lli ihi-y bo roursooii' \ oars, yot is thoir strougtU labor and sorrow : for it is soon out oit', and wo lly away. * * * So toaoh us to nuuibor our days, that wo u>a\ apply our hoarts unto wisdom. Tsnlms xo: I--1 and 10. TJ. Oauii^l ausworod and said. lUcssod be the name o( Ciod t"or ever .and over ; tor wisdom and miiiht are his ; and he ehangeth the times and the seasons: ho vomovoth kiuiis and setteth up kiuii's ; ho giv- eth wisdom unto the wise, and knowledge to then\ that know un- ilerstanding ; he revealeth the deep and seerot things; he knoweth what is in the darkness, and the light dwelloth with him. 1 thank thee, and in-aise thee, i.^ thou tiod of my fathers, who hast given nte wisdon\ and might, and hast made know n vmto nie now what we desired oi' thee : tor thou hast made know n unto us the king's mat- ter. Daniel ii : 'JO — 'io. Is there not an appointed time to man rioon earth? Are not his days also like those of a hireling: tlob vii : 1. Seeing his days are doterminoil. the number of his months arc with thee, thou hast ap|Hnnled his bounds that he eannot pass. dob xiv : o. It is appointed inito n\en onee to die. but at\er this the judgment. llebivws ix : -~. All the days of nn appoinio^l time will 1 wait, tillmy ehango eome. Job xiv : 14. Thou shah <.\>mo to thy grave in a t'ull age. like as a shoek of ooru i\^meth in in his season. Job v : 20. Theiv is no man that hath pow or over tiie spirit to ivt^iin the spir- it ; ueitl\er hath he power in the day of death : and theiv is no dis- ohai^v in that Avar. Kcvlosiastos viii : 8. Then shall the dust ivtuvu to the earth as it was ; and tho spii'it shall lYturn unto l^xl Avho gave it. Eeelesiastes xii: 7. 1 was duu\b, 1 opouiHl not my mouth, because thou didst it. Ko- move thy stivke away fivi\i me : I am oousutued by the blow of thiuohaud. Psiilms xxxix : 9. 10. Like as a father pitieth his ehildivu, so the I-oi\i pitioth them that fear him. For he knoweth our tnmie : he ivmembeivth that DEATH OF CALEB CUSHINU. 13 we are dust. As for man liis days are as grass ; as a Hower of the field, so lie flourlsheth. For the wind [jMssetli over it, and it is gone ; and the place thereof shall know it no more, liut the mere}' of the Lord is from (iverlasting to cvei'lasting upon lli(;m that fear him, and his rigliteousness unto children's children. Psalms ('iii : 1.') — 17. For the Lord will not cast off forever: But though he cause grief, yet will he have coini)assion according to tin; multitude! of his mercies. For Ik; dolh not alllict willingly, nor gri(!V(! the children of men. J/uruint.'itions iii : 31 — 33. Bl(;sse(l be God, even the; Fatluu' of our Lord .Icsus Christ, the Father of mercies, and the Ood of all c(;mfort ; Who comforteth us in all our tribulation, that we may be able to C(;mfort tiiem which are in any trouble, by the; comfort whercnvith we ourselves are com- forted of God. For as the sufferings of Christ abound in us, so our consolation also aboundeth l)y Christ, ii Corinthians 1 : 3 — 5. Jesus said unto her, I am the resurrection, and the life ; he that believeth in me, though he were dead, yet shidl he live;. John xi : 25. Let not yoin- heart Ix; trou1)led ; yc; ))(;lieve in God, believe also in me. Li my lather's Ikjusc are many miuisions ; if it w(!re not so I would have told you. I go to prepare a place for you. And if I go and prepare a place for you, I will come again and receive you unto myself; that where I am, there ye may be also. John xiv : 1 — 3. There; is one glory of the sun, and another gloi-y of the; moon, and {inoth(!r glory of the stiirs ; for one star differeth fr of Aldekmex, Jamiaiy 6. 1879. Okdekei), The Coimnon Council ooucurring, that his Honor the ]\layor bo and herohv is authorized and instrneted to cause the bells of the various churches in this city to he tolled from quarter-past three to quarter-past four o'clock p. ni. during the funeral ceremo- nies of the late Hon. Caleb Cushing, the lirst Mayor of this cit}'. Ix BoARP OF Aldermen, January' 6, 1879. Adopted. — Attest, Geo. H. Stevens, City Clerk. Ix CoMMox Council, Januar}- G, 1879. Ado})ted in concurrence. Attest, Thomas ¥j. Cutter, Clerk. At an adjourned meeting of the City Council held at half-past seven o'clock on the evening of the same day, the following order was adopted on motion of Alderman Ayers: In Board of Aldkrmex, Januarv 6, 1879. Okdkrfd, The Common Council concurring, that so much of the IMayor's address as relates to a proposed memorial service in honor of the late Caleb Cushing be referred to a special committee con- sisting of the Mayor and two Aldermen on the part of this board, and three members of the Couuuon Council ; and that said com- mittee be authorized to make the necessary arrangements and re- port at a future meeting of the City Council. Ix Board of Aldermex, January 6. 1879. Adopteil, and Alderman Ayers and Evans appointed on the part of the Board of Aldermen. Attest, George II. Stevens, City Clerk. ACTION OP CITY GOVERNMENT. 19 In Common Council, January 6, 1879. Adopted in coucurrence, and Messrs. Greele}', Huse and Johnson appointed on the part of this hoard. Attest, Thos. E. Cutter, Clerk. At a meeting of the City Government, held Sept- ember first, this special committee made the following report, which was accepted and the accompanying order adopted: The committee on Memorial Service to whom was referred that por- tion of the Mayor's address relating- to the proposed public services in commemoration of the life and character of the late Hon. Caleb Cushing, have duly considered the matter, and beg leave to submit the accompanying report : The extra session of Congress, extending late into the sunnner, requiring the presence in AVashington of Hon. George B. Loring, who had consented to deliver the address on the occasion of the proposed memorial service, compelled your committee to defer the exercises until Wednesday, October 8, 1879, and they, therefore, in order to complete the arrangements necessary to carry out the programme successfully, would recommend the passage of the ac- companying order. John J. Currier, Chairman. Ordered, The Mayor and Aldermen concurring, that the com- mittee on memorial service in commemoration of the late Hon. Caleb Cushing be and hereby are authorized to make the necessary arrangements for the proposed pubhc exercises in City Hall, on Wednesday, October 8, 1879, and that the expenses incurred in carrying out the programme adopted by the committee, not to exceed the sum of three hundred dollars, shall be charged to the account of incidentals. In Common Council, September 1, 1879. Adopted under a suspension of rules. Attest, Thos. E. Cutter, Clerk. In Board of Aldermen, September 1, 1879. Adopted in concurrence. Attest, George H. Stevens, City Clerk. 20 MEMORIAL OF CALEB CUSHmG. The coininitteo proceeded forthwith to make the necessary arrangements for the memorial service. Among- those olHcially invited, in behalf of the City Council, to attend the exercises at City Hall, were the fohowing: His Excellency the Governor of Massachusetts, and llis Honor the Lieutenant-Governor; Judges of the Supreme Judicial Court of Massachusetts; Speaker of the Massachusetts House of Representatives; State Senators from the Fourth and Fifth Essex Districts; Attorney General of the United States; Hon. William M. Evarts, Secretary of State, and Ex-Secretary Hon. Hamilton Fisli; past and present members of Con- o-ress from the Sixth Massachusetts District: Mayors of the cities in Essex County; Selectmen of Salis- bury; Selectmen of Xewbury; OtKccrs of the Massa- chusetts Historical Society; Officers of the Essex Bar Association; l^rcsidout of Harvard College; College Classmates and other men of note in public and private life who were personal friends and acquaiut- ances of Mr. Cushing. DECOEATIONS AND INVITED GUESTS. Wednesday, the eighth day of October, will long be remembered as one of the finest of the autumnal season. The sky was clear and serene, and the warmth of Summer once more returned for a day. It threw a gleam of cheerfulness over the nnpressive ceremonies of this occasion. The City Hall, in which the exercises were held, was ai)i)ropriately dressed, the drapery being under the supervision of George Nelson Beales of Boston ami the lloral decoration under the direction ol Claude B. Gardner of West Kewbury. Back of the rostrum the entire wall was hung with black and white, re- lieved only by the customary drooping flags, while acrainst the centre of the walls, back of the stage, was a^'canopy of sombre black, inside of which and on a pedestal representing a fluted column, was a busi: of Mr Cushing executed by Mr. David M. French of Kewburyport. Under the canopy and above the bust was the following inscription: CALEB GUSHING. BoiiN January 17, 1800. Died Jakuauy 2, 1879. The sides of the hall were also draped with heavy folds of black and white cloth, while curtains of 22 MEMORIAL OF CALEB GUSHING. the same tcxtiiiH^ and colors liinig from each win- dow. The l)alc()n3' was covered with the same material, and festoons of mourning- extended from the centre of the ceiling to the sides, front and rear of the hall. In front of the balcony was this motto, in white letters on black cloth : "Mex are wk, and must grieve when even the shape Oi- that wiucH once was great is passed away." On a background of bhick with a border of autumn leaves surmounted by al)ouquetof the same, in white letters, were the Ibllowiug mottoes, one between each window, "SCUOLAK — SOLDIEK — statesman — LINGU- IST — LAWYEK — JUDGE — LEGISLA'rOK — DIPLOMATIST." On each window sill Avas a large cluster of varie- gated autumn foliage of brilliant hue and I'are beauty, which, Avith the large bouquets of Howers in vases on the rostrum, greatly relieved tlu' otherwise sombre appearance of the hall. An oil i)ainting of Mr. Cashing, a recent gift from Mr. James AVorinley, of A\ ashington, to the city of Kewburyport, was placed in front of the speakers' desk, in lull view of the audience. Upon the ])latform Avcre the following named gen- tlemen : JUSTICE OF THE SUPREIME COURT OF MASSACHUSETTS. Hon. William C. Endicott, 8ale7n. PAST AND PRESENT MEMBERS OF CONGRESS FROM THE SIXTH MASSACHUSETTS DISTRICT. Hon. Benjamin F. Butler; Hon. Charles P. Thomp- son; Hon. George B. Loring. DECORATION^S AND INVITED GUESTS. 23 STATE SENATORS. Hon. George W. Gate, Senator of the 4tli Essex District. MAYORS OE NEIGHBORING CITIES. Hon. Henry K. Oliver, Salem; Hon. Nathan S. Kimball, Haverhill; and Hon. William H. Sise, Ports- moutli. SELECTMEN OE SALISBURY. ■William H. B. Gurrier, Esq. ; Joseph M. Eaton, Esq. SELECTMEN OE NEWBURY. :N'athaniel Dole, Esq; Joseph N. Eolfe, Esq.; Hor- ace F. Longfellow, Esq. OFFICERS AND MEMBERS OF ESSEX BAR ASSOCIATION. Hon. Kathan W. Hazen, Andover; Hon. Eben F. Stone, Mwburyport ; Hon. Henry Garter, Haver- hill; Hon. Daniel Sannclers, Lawrence; Leverett S. Tuckerman, Esq., Salem. BX-MAYORS OF NEWBURYPORT. Hon. George W. Jackman, jr. ; Hon. Albert Gur- rier; Hon. Eben F. Stone; Hon. Warren Gurrier; Hon. Benjamin F.Atkinson; Hon. Jonathan Smith. OFFICERS AND MEMBERS OF THE MASSACHUSETTS HISTORICAL SOCIETY. George Dexter, A. M., Recording Secretary; Gharles W. Tuttle, A. M., of the Executive Commit- tee of the Council; Stephen Salisbury, LL D., Kev. William S. Bartlet, A. M., and William G. Endicott, A. B., Members. 24 MEMORIAL OF CALEB GUSHING. COLLEGE CLASSMATES. Dr. John Oriic Green, Lowell; Kev. liobert F. AYalcult, Boston; ITon. Stei)hen Salisbury, LL. D., Worcester; Hon. Samuel E. Sewell, Boston. OTIIKIl GUESTS. Hon. Jeremiah S. Black, of Pamsylvania, Attorney General wider Fresulent Buchcinan; Major l>en: Perley Poore, West JVewlmry; Colonel Isaac Hull AVrigiil, Boston; Thomas W. Pierce, Esq., To2js- field; General W. W. IT. Davis, editor Democrat, JJoylestown, Ba.; Frank W. Ilackett, Esq., Borts- movth; William P. Sargent, Esq., Boston; Patten Sargent, Esq., Merrlmac; liev. AVilliam A¥. TsTewell, ]]). D., New York; Alex. Porter Morse, Esq., WasJt- w(/to)i; General Josiah B. Kinsman; Lawrence B. Cushing, Esq., Hon. Pichard 8. Spoftbrd; Hon. E. Moody Boynton; flames Parton, Esq.; Kev. William W. ISTewell, jr.; Eev. Edward L. Drown; Rev. Sam- uel J. Spalding, D. D. THE CITY GOVERNMENT OP NEWBURYPORT. Hon. John J. Currier, Mayor ; Albert Cheevei-, John Woodwell, William II. Noyes, Charles L. Ayers, Thomas Mackinney, John P. Evans, Aldermen. William B. Porter, Kufus Adams, ]N'athaniel Gree- ley, Isaac Poor, Thomas Iluse, Jr., Robert G. Sar- gent, William A. Davis, Willard J. Hale, Thomas H. Boardman, Alvin D. Russell, Arthur C. Richardson, Horace L. Balch, Daniel W. Gate, William R. John- son, Jose]:>h Hall, William E. McQuillen, Joseph S. Bailey, William H. Whitmore, Jr., Councilmen. John IS". Pike, Esq., City Solicitor; George H. Stevens, City Clerk; George W. Piper, City Treas- urer; Thomas E. Cutter, Clerk of Common Council. EXERCISES AT CITY HALL. After a march and aria from Mozart's "Magic Flute," by the Germania Orchestra, of Boston, the Mayor, Hon. John J. Carrier, said: Ladies and Oentlemen : — We come here to-day to pay a tribute of respect to a distinguished towns- man and friend. I ask youi* silent and reverend at- tention while prayer is offered by Rev. Mr. ISTewell, of this city. Rev. William W. Kewell, jr., pastor of the Old South church, then invoked the Divine blessing in substantially the following words: Almighty God, unto whom all nations pray, we come unto Thee in prayer. We thank Thee that Thou hast taught us to memo- rialize all true worth, and to cherish the memory of those who were worthy. We thank Thee for the many noble men whom Thou hast raised up for the founding and perpetuating of our beloved Republic, men whose names are dear 26 MEMORIAL OP CALEB CUSHLN^G. to evcrj true American. We thank Thee that Thou hast put it into the liearts of these present to recall the life of one of our citizens, whose talents are rec- ognized throughout the civilized globe. We thank Thee for those intellectual powers with which Thou hast gifted him, and for his long life of untiring industry, for the advancement of civilization. We thank Thee that Thou didst use him to the making of our country more respected by other peoples — adding to our national honor, influence and prospei'ity. And we pi-ay Thee, O Lord, that Thou remember us this day, as we not only rejoice in his service, but mourn his death. Remember the more immediate circle of relatives who miss him in the family and in the lionie. O Thou tender Shepherd, comfort them in theii- affliction, and sanctify to them this trial. May this loss but draw them unto Thee for the richer o'ain of Thy gi-ace to bless and to save. We pray for these before Thee, gathered here to-day out of respect or affection for the illustrious dead. Remember hun who is to address us; may his]utter- ances be a kindly reminding of the dead, and a healthy quickening of the living. Many of us are far advanced in life, associates with him we mourn. Grant unto such Thy sustaining love midst the increasing infirmities of old age. Forgive their sins, overrule for good their mistakes, make bright their deeds of sincerity and love, and prepare EXERCISES AT CITY HALL. 27 them for the summons that shall call them to Thyself. Remember also, we beseech Thee, the young present with us; may they be stimulated by the example of untiring study recalled to us to-day. May they be inspired to a truly great life, going beyond m mdustry, in intelligence, in nobility, in true Christian patriotism. We pray for our city, that Thou wouldst make up to us for our loss, raising up in our midst many great and good. We pray for our Kation. Remember the President of these United States and his Cabinet, and all who make and execute our laws. May they rule in thy fear, and according to Thy law. Bless all who hold places of honor and trust. Q'lalify thum for then- positions. Strengthen them against temptation. May their love of country be broader and deeper than love of self, and may the love of God be the ruhng passion of their heart, soul, mind and strength. Bless in especial manner our youth. May the young of America be truly wise, men of unwavering principle, and pure character. Above all, make them in the highest sense christian. May they remember that no generous deed is lost, no Christ-like life is vain, that that life is most successful which is most unselfish, most heartily consecrated to the good of man, and to the honor of God. We pray for the world. Make oin- nation more and more an honor and a beneftictor throughout the 28 MEMORIAL OF CALEB GUSHING. earth. Rule Thou among the nations. Unite them ill closer bonds of intercourse and fraternity. Bring peace instead of war, prosperity mstead of distress, and right out of all wrong. Hasten the day when all shall accept and follow Jesus Christ as their King, their Savior and their God. And make the liyes of onr race eternally memorable in all that Thou wilt most honor and bless. We ask all in Thy name, and for the sake of T^hy divine Son, who has taught us to pray — '' Our Father, which art in Heaven, hallowed be Thy name. Thy kingdom come. Thy will be done in earth as it is in Heaven. Give us this day our daily bread; and forgive us oui" debts as we forgive our debtoi"s. And lead us not into temptation, but deliver u^ from evil. For Thine is the kingdom, and the power, and the glory, Ibrcver. Amen." A select chorus under the direction of Prof. L. A. Torrens of Boston, then rendered "Cast thy Bui-den on the Lord." by Mendelssohn. The singers compos- ing the choir were as follows : Soprano? —Julia ]M. Wells, Mrs. ^Minnie S. Balcli, Emma J. Flauders, Mrs. llattie Dodge, Florence E. Lake, Lizzie Carr, ]Mrs. Carrie A. Potter, Mrs. Martha Isl. Torrens. Altos — Gertie L. Cook. Clara Ballon, Bertie Perkins, Florence L. Choate, Hannah Maria ^Nlorse, ]Mrs. Lizzie Cheney, Mrs. Eliza M. Meader, Mrs. Lizzie ILile, Sarah McCusker, JNlrs. Eunice Adams, Mrs. Belle P. Winslow. Tenous — George H. Stevens, David True, John L. Pearson, John H. Carter, Edward S. Knight, AVilliamIL Sumner, PIdward A. Hale, Henrv W. Ballon. EXERCISES AT CITT HALL. 29 Bassos — Theodore Castelhun, George W. Goodwin, John A. May- nard, Charles R. Todd, Dr. Charles F. Dodge, James W. Hervey, Charles II. Meader, Joseph W. Evans, William Tibl)etts. Pianist — Mrs. Isadore Cheney. Eev. Edward L. Drown, rector of St. Paul's Church, ^ewburyport, then read the following selections of scj'ipture : The days of our years are threescore years and ten ; and if by reason of strength they be fourscore years, yet is their strength labor and sorrow, for it is soon cut off, and we fly away. Psalm xe : 10. For what is your life? it is even a vapor, that appeareth for a lit- tle time and then vanisheth away. James iv : 14. Then shall the dust return to the eartli as it was ; and the spirit shall return unto God who gave it. Ecclesiastes xii : 7. For all flesh is as grass, and all the glory of man as the flower of grass. The grass withereth, and the flower thereof falleth away. I Peter i: 24. And thou shalt go to thy fathers in peace ; thou shalt be 1)uried in a good old age. Genesis xv : 15. Thou shalt come to thy grave in a full age, like as a shock of corn eometh in in his season. Job v : 26. Thou shalt rise up befoi-e the hoary head, and honor the face of the old man, and fear thy God; I am the Lord. Leviticus xix : 32. With the ancient is wisdom ; and in length of da3'-s understand- ij^o-. Job xii : 12. Happy is the man that findeth wisdom, and the man that getteth understanding. Proverbs iii : 13. Length of days is in her right hand ; and in her left riches and honor. Proverbs iii : 16. Her ways are ways of pleasantness and all her paths are peace. Proverbs iii : 17. She is a tree of life to them that lay hold upon her ; and happy is every one that retaineth her. Proverbs iii : 18. Exalt her and she shall promote thee : She shall bring thee to honor when thou dost embrace her. Proverbs iv : 8. 30 MEMORIAL or CALEB GUSHING. She shall give to thine head an ornament of grace ; a crown of glory shall she deliver to thee. Proverbs iv : 9. For wisdom is better than rubies ; and all the things that may be desired are not to be compared to it. Proverbs iii : 11. Riches and honor are with me ; yea, duralile riches and righteous- ness. Proverbs viii : 18. A wise man is strong ; yea, a man of knowledge iucreaseth strength. Proverbs xxiv : 5. Wisdom strengtheneth the wise more than ten mighty men which are in the city. Ecelesiastes vii : 19. Where no counsel is, the i)eoi)le fall; but in the multitude of counsellors there is safety. Proverl)s xi : 14. For He was wiser than all men ; * * and. his fame was in all the nations round al)Out. I Kings iv : 31. The thouglits of the diligent tend only to plenteousness ; but of every one that is hasty only to want. Proverl)s xxi : 5. Seest tliou a m;in diligent in his business? he shall stand before kings ; he shall not stand before mean men. Proverbs xxii : 29. And as we have l)orne the image of the earthy, we shall also bear the image of tlie heavenly. 1 Corinthians xv : 49. And I heard a voice from heaven saying unto me. Write, blessed are the dead which die in the Lord from henceforth ; yea, saith the Spirit, that they may rest from their lal)ors. and their works do fol- low them. Kevelalion xiv : 13. Wherefore comfort one another with these words. 1 Thessalonians iv : 18. After a romanza from the opera of " Kobert," by Meyerbeer, by the orchestra, the Mayor said : Ladles and Gentlemen: — An accompHshed son of ISTewburyport,— the Hon. George Lunt, of Scitu- ate, who is unable to attend here to-day,— was for many years the friend and associate of Caleb Cush- hing, and has kindly contributed the following sonnet for this occasion. EXERCISES AT CITY HALL. 31 CALEB GUSHING. A SONNET. Few men more versatile have played their part On the world's shifting stage ; not even he Whom glorious Dryden, with consummate art, Portrayed as "all mankind's epitome ! " Jurist profound, and in all'airs of State Of counsel apt ; a tried diplomatist, Spain, China, England, felt his power insist Upon his country's cause ; in strong debate His fervid spirit led the fier}- van ; This Scholar versed in tongues, this earnest man By studious toil who won the title "Great," A stormy course for Fame's proud guerdon ran ; Through years not oft vouchsafed to human kind Still grandly towered the strength of Cushing's mind. The following- original hymn by Rev. George D. Wildes D. D. of Kiverdale, J^ew York City, was then sung by the choir : Around the gathered harvest sheaves, The low autumnal sun A wreath of golden glor}^ weaves ; The toiler's meed is won ! Fitting, if late, the hour while here, — Memorial of his fame — 'Mid scenes he loved, or green, or sere, We speak one honored name. For the full measure of his age In grand historic years ; For gifts of strength, for counsel sage 'Mid battling hopes and fears ; For noblest word in high debate ; For patriot heart and hand ; For trusted skill when reeled the state, In watch and ward to stand ; 32 T*rEMOKIAL OP CALEB GUSHING. For thos(\ thy pfts. nil Givor! now, — ITonor and length of days — ITcro in thy pvesenoe, Lord ! we bow ; For these be thine the praise. Mayor Currier, advancing to the front of the plat- form, then said: Ladie.^ and Gentlemen :~^YhQ\\ a great man pass- es from this Hfe to the life beyond, there is a recog- nized i)ro])riety and fitness in the piil)lic commemora- tion of his name and fame. It is not, therefore, snrprising that "N'ewbnryport shonld seek, in its ofiicial capacity, an occasion like this to give appropriate expression to the respect in which she holds one of her most illnstrions citizens. As a scholar, statesman, lawyer, judge and diplomat- ist, he attained great distinction and renown. His ac- knowledged ability and Avonderful intellectual energy- added new lustre and importance to the pnblic sta- tions he was called to fill. Failing, perhaps, to at- tain the lull measure of success that his capacity, ex- tensive culture and vast acquirements merited, never- theless his biographer depicting his life, at some future day, will find it closely interwoven with the political history of this Eepublic for the last half centnry. It is indeed a matter of congratulation that his fel- low citizens — neighbors and friends — have gathered here, from all the varied walks in life, to offer a testi- monial to his greatness and appropriately acknowledge EXERCISES AT CITY HAI.L. 33 the conspicuous public service which he has rendered to this city, state and nation. We meet to hear the story of his life told by one competent and qualified to perform the task; to listen to words — wisely selected and fitly spoken — that por- tray the light and shade, the strength and weakness, of that busy life; to hear, from the lips of one who knew him well, the dispassionate verdict that history will repeat to future generations. As the delineator of this sketch of the character and career of Caleb Gushing, dr-awn from a careful study of his life; as the faithful historian of this im- pressive occasion, I have the honor to introduce to you Hon. George B. Loring. When the applause that greeted this announce- ment had subsided, Mr. Loring proceeded to deliver an appreciative eulogy, which occupied one hour and thirty-five minutes in its delivery, and was listened to throughout with earnest attention, and heartily applauded at its close. EULOGY BY HON. GEOEGE B. LOEING. Mr. Mayor, Ladies and Gentlemen: — A great and busy and restless life is ended. He who occupied here a conspicuous position as scholar, jurist, statesman, orator, author, diplomatist^ legislator, magistrate, in all the varieties of public service, for two generations of men, is gone. The name which for more than half a century gave this his native town a high place among 5 34 MEMORIAL OF CALEB GUSHING. the spots toward Avhich the American people turned in every great crisis in all that time, is now withdrawn from the ilhistrious roll of active service, and is re- corded in the pa^es of the history of the past. The record which a powerful intellect could make for itself and for the community out of which it sprang, is completed. A varied and remarkable career has ter- minated; and we have assembled here to pay a trib- ute of respect to the memory of him who contributed most liberally, during a long life, to the conflicting in- intellectual endeavor, by wdiich the American people have wrought out thus far the great social and civil problem submitted to their hands. It is now nearly four score years since Caleb CusHiNa was born into this community, and for near- ly three score years he was the foremost representa- tive man found in it, — so strong in all his faculties and characteristics that he seemed to mould it to him- self He inherited great powers from his ancestors, and he was surrounded in his childhood and youth by intense activity and energy in all the walks of life; but as he went on he set his seal on every force about him, and shaped society much more than socie- ty shaped him. So intimately connected Avith his birthplace was he, so attached was he to it, that even while pressed upon by a heavy weight of care, and loaded with the honors of most important olficial sta- tion, he sought here relief under disappointment, and brought his successes and honors hither as a tribute to a community which he never forgot, and on which EXEKOISES AT CITY HALL. 35 he could always rely for appreciation and support. He knew himself not as of Massachusetts or Essex coun- ty, not as of congress or the courts, but as Caleb CusHmG of Newburyport, the home from which he received his intense sensibility and his great capacity, the home in which he was surrounded by great ex- amples, and where his ambition first dawned and his career began. Whatever respect has been paid to his memory, therefore, whether by the highest judi- cial tribunal of this country or of this commonwealth, or by his fellow-citizens assembled where his greatest acts as jurist and statesman were accomplished, it is especially appropi'iate that this municipality should make official record of his large public service, and provide an enduring memorial of his name. For it should be remembered of him that he stands as a tvpe of those active forces which gave this town and coun- ty a preeminent place in the history of the time when he advanced from childhood to youth, and entered upon the work which his predecessors had laid down. All about him he found great incentives to apply his vigorous powers to incessant toil. His father was an industrious, enterprising, successful merchant, filled with the resolute determination and earnest purpose of the old colonial clergy from whom he descended. There was hardly a spot, moreover, in this rising re- public more distinguished for intellectual power in the beginning of this century than this where we are now assembled. The county of Essex had long been remarkable for the devotion of its leading men to the 36 MEMORIAL or CALEB GUSHING. cause of education, and its schools and well-endowed academies gave evidence on every band of the devo- tion of its people to sound learning. Among the statesmen of that time, Tristram Dalton, a citizen of this town, the first and one of the ablest of the United States senators from Massachusetts^ was en- o-ai>-ed in bis honorable public service. The name of Theophilus Parsons, the great lawyer of his time, the teacher of John Quincy Adams and Rufus King, the first and most distinguished chief-justice of Massa- chusetts, was familiar to old and young here, and the pious home of his father stood not far from this spot to remind that generation, as it does ours, of what the clergy of those days did for tbeii' country. Tyng and Dana were engaged in their high careers as theolo- "•ians and divines. It was Master Walsh, the distin- guished mathematician and author, who taught young Gushing the rudiments of that learning which became so profound and universal. John Lowell, also the son of a clergyman, the sound lawyer, first judge of the United States circuit court in Massachusetts ap- pointed by Washington, the ancestor of lawyers and jurists whom this state has delighted to honor, of merchants who have laid the solid foundations of the wealth of our metropolis, of manufacturers who have established and built up vast industries here, of clergy- men who have blessed, and one poet at least who has inspired our people,— John Lowell was honored and loved as a son of I^ewburyport. William Bartlet, the able and successful merchant and the generous EXERCISES AT CITY HALL. 37 patron of letters, was in the midst of his prosperous career. And as time went on the sohd legal attain- ments of Simon Greenleaf, and the defiant philan- thropy ol Garrison, illustrated the mental activity and vigor of the sons of this town. Among the great men of the county, Abbott and Stuail and Woods rose to the highest ranks as theologians; Story and Choate and Rantoul achieved the loftiest eminence in statesmanship and jurisprudence; Prescott among historians won a foremost place as a strong and graceful writer and a careful investigator, with a character beloved by all who knew him; in the realms of fiction Hawthorne explored the myster- ies of the human heart with unequalled power and style unmatched; and Bow ditch and Pierce took their stand with LeYerrier and LaPlace as expoun- ders of the great mysteries of celestial and terrestrial mathematics. Born in a community of which these were the representative men, Caleb Gushing de- voted his remarkable powers to the work of compre- hending, at least, the eminence which each of these great minds had attained. With Stuart he could dis- cuss the dogmas of theology. With Story he could enlarge upon the whole structure of jurisprudence. With Ghoate he could advance to the perfect work of a great lawyer and advocate. By the side of Pantoul he stood a powerful legislator and debater With a profound and comprehensive knowledge ot universal history, he was especially familiar with that chapter which Prescott unfolded with such fascma- 38 MEMORIAL OF CALEB GUSHING. ting power. He rejoiced in all that the poet and novelist can do to beautify and gild this life, and reveal its secrets, with Hawthorne. I have heard him discuss physiology and embryology with the learning of a professoi-; and discourse upon ethnolo- gy as if he had devoted his whole life to the study of the I'aces of men. From the time when at the age of seventeen he was gi'aduated at Harvard and spent a year there as tutor, he stored his mind w^ith every variety of knowledge, with an assiduity rarely equall- ed, and with such success that when he passed away he left the reputation of being one of the most learned linguists in our land: lie had won the admiration of the most eminent chief justice of our day as a jurist: he was authority with every administration from Pierce's to Grant's on international law: he was rec- ognized as an admirable classical and belles-lettres scholar: his speeches in legislative debate were learned and exhaustive: his occasional addresses were elequent and comprehensive; and his power as a writer led the literary world to regret deeply that he left behind him so few books, and such circum- scribed authorship. ]S^ot endowed with creative fac- ulties, or with vivid imagination, his mind possessed immense power of acquisition; and he filled his store- house of knowledge with such infinite variety that he was often undecided where he should have been posi- tive, speculative where he should have been practical, leai-ned where he should have been wise, a compre- hensive teacher when he should have been a sound EXERCISES AT CITY HALL. 39 counsellor, obedient to argument where he should have been governed by an nnpnlse. His life was de- voted not so much to iinlty as diversity of thought, and throughout his entire career he subordinated all his faculties to the control of his mind, and turned for his own guidance to that great learning, which he not only used for his own purposes, but which he bestowed with liberal and lavish hand on all who de- sired to use it in the management of public affairs. It cannot be said of him that he was devoted to one idea, that he was a doctrinaire, an idealogist, a theo- rist in any sense. He fell upon an age when the work of preserving and constructing had just com- menced, and as he entered public life he found his country engaged more earnestly in perfecting and developing a system of government already estab- lished than in changing or reforming it. The politi- cal period in which he turned his mind to political consideration is known in our history as the "Era of good feeling." And standing by the side of Webster and Clay in their tremendous antagonism to the powerful ruling party of that day, he found him- self engaged in a contest for the adjustment of ques- tions relating to the practical working of the govern- ment, and not for the support of a theory of state and society upon the establishment of which the storm of a revolution might burst upon the land. For this service his mind was especially qualified, both by nature and by education. He brought to the work the training of which I have spoken, an instinctive 40 MEMORIAL or CALEB GUSHING. love of all those principles of government which had been declared by the most earnest colonists, and which had formed at last the great object secnred by the war of the Revolution. His yonthful impulses were broad and liberal and humane. But what most strongly attracted his attention was that structure of government wliich had been wrought out by the framers of the constitution, and whicli was the finest embodiment of the doctrines of equality and justice in a civil system whose corner-stone was the wisdom of the law. He accepted the abstract views of the fathers of the republic as established beyond question or debate — but he turned his vast mental powers to the investigation of all matters incident to the work- ing of that constitutional government which had been created bv the stron^-est intellectual forces of that age which witnessed the birth of American nationali- t}^ Having set forth in this path he never aban- doned it. He believed in popular right, in social and civil equality — but he still believed more strongly in that government which was founded on equality and right, and considering the foundation safe, he devoted himself to the pei'fection of the superstructure which had secured his respect and admiration. If he ever doubted the capacity of the people for self govern- ment, it was when they took into their own hands the intei'pretation of the constitution and the laws which he himself deemed entirely competent to secure every po]mlar ])i-ivilege, and the destruction of which involved the downfall of all popular government on EXEKCISES AT (;JTY HALL. 41 earth. As we examine his imblic life we shall find that this sentiment and this conviction never forsook him. Pilled with prooiind respect for the fruit of one revolution, he started back with dismay at the contemplation of another. At all times ready to uphold the government, defiant of all opposition to his efforts for the aggrandizement of the republic, violently and perhaps nni'casonably impatient of all opposition when the supremacy of the constitution was involved, he seemed to forget his eai-ly impulses and associations, to count the assertions and argu- ments of the past as nothing, to look upon no party tie as binding, and upon consistency, as usually understood, to be worthy of no consideration what- ever. HIS PUBLIC CAREER. It was in 1825, while yet a youth of most attractive appearance, as we are told, with the ruddy glow of health upon his cheek, with features of peculiar beau- ty, with a voice " as musical as is Apollo's lute," with a manly and vigorous form, with stores of knowledge at his command, and with most persuasive phrase, that he entered upon his public career — a career which in one form or another he never abandoned. From that moment, when he entered the legislature of Massachusetts, with the exception of a few years spent in foreign travel, he trod steadily the path which then opened before him. A successful lawyer, and an able and eloquent advocate, he withdrew 8 42 MEMORIAL OF CALEB GUSHING. somewhat from intimate association with the fraterni- ty to which he bck)nged, and rose rapidly to a fore- most position among the statesmen of his time. A schohn* of gi'eat accomphshments, an anthor whose power as an essayist was ah-eady recognized, he left the Avalks of literature never to retnrn. The great civil and governmental questions of the day, the pop- nlar issnes, the strnggle of politics, the excitement of debate, the storms of the forum, the association of those engaged in high affairs of state, seemed to possess an irresistible charm to his mind, and unend- ing promise to his ambition. Constituted and trained as his mind was, he entered upon this service either too early or too late. Had he taken part in the form- ation of the constitution, his services would have been invaluable, and his name would have ranked high among those who founded and shaped our govern- ment. Had his career ended with the iirst era of constitutional interpretation, he would have reached the serene and lofty height of recognized power. Had his mind been turned in his youth to those ques- tions of reform upon the solution of which the fate of our republic has hung, he would have gone on un- trammeled by either the education or the association of the past. But plunged as he was into the contro- versies which were inevitable as one era— the era for which he was born— closed, and another era opened, his political career was uncertain, unequal and stormy —his motives were often misunderstood— his actions were often misrepresented. He reached high politi- EXERCISES AT CITY HALL. 43 cal distinction, but not that height which most thoroughly satisfies. And while he achieved great success, he met with adverse shocks which would have destroyed the strength and quenched the courage of many an aspirant of less self-control and confidence. But through all the changes of fortune, thei'e is found a certain mental tenacity, a certain directness of reasoning which must be admired even by those who have been embittered against him by political controversies and differences. At the close of President Lincoln's administration, when I was urging him to give his support to that great magis- trate for a second term, and asked him if he did not recognize the skill and power he and his advisers had manifested in cari-ying on the war and establishing a financial system for the country, he replied that he did indeed, and, " So far as the financial system is concerned,'' said he, " I stood by Webster in advo- cacy of it'nearly thirty years ago : of course I ap- prove it.'' Turn to his opinion as Attorney General on foreign enlistments, and you will find that in 1855 he announced the doctrine upon which he won the Alabama claims — and that in advocating those claims he had only to turn back to the law which he laid down a quarter of a century before. When as Attorney General he declared in considering the Crampton controversy that an act of Parliament could not control the world, and that a government is responsible to other governments for defective leg- islation, he foreshadowed the American argument at 44 MEMORIAL OF CALEB GUSHING. Geneva. As member of the committee on foreign affairs while in Congress he advocated continually those views which he afterwards applied in his mission to Chinn, and still later as minister to Spain. He constantly urged upon the House, while a mem- ber, the iinportance of determined national assertion against all foreign powers, and of strong military or- ganization to preserve the peace at home. Is it sur- prising then that he offered his services in the Mexi- can war, growing out of the addition of Texas to the territory of tlie United States, a war fought, as he believed, foi" the aggrandizement of his country; and that lie sought an opportunity to risk hh life for the Union, when the integrity of the government was threatened by civil war? He believed in the power of the Republic, as I have said: in her financial honor; in her future growth and prosperity; in the constitutional law which she had laid down and her great lawyers had expounded; in the importance of well-organized government for the welfare of man- kind. Controlled by this sentiment, he paused not to consider the cause of difficulty and threatened dan- ger — to remove the cause was his first desire, to remove the danger was his first impulse. And if he abandoned party for what he considered the cause of his whole country, and observed the precept of Plato, that they who rule the state should see that no part receives advantage to the neglect of the other — " ut, qaceciinque agunt totum corpus republicae curenU nedum partem allquam tuentur, reliquas deserant; " if EXERCISES AT CITT HALL. 45 he resigned his early views, and broke up his later associations, from a conviction that discord and sedi- tion are liable to follow that circumscribed patriotism which fails to consider the entire country — '''■qui autenn parti cimum consulant, j>arfe?7i negliyuyd, rem pernwiosissimam in civitatem inducunt, seditionem atque discordiarn,^'' — why should he be condemned as inconsistent and inconstant? There are many hei-e, I doubt not, who have not forgotten his elo- quent words spoken here on his return from his four years' service as Attorney General of the United States under the administration of President Pierce. *' It is said also," he exclaimed, "that other hyper- critical persons impute to me tolerance for men of different shades of opinion regarding the political theories of the moment. Be it so. On the high road of public life are strewn broadcast the miserable fragments of party doctrines, shattered by overstrain, like the dead mules and broken down was^ons in the track of an advancing or retreating army. Theo- rems of mathematical precision are good in books of geometry, but not in the conduct of great affairs. Men of action are the masters, not the slaves of doc- trine. AVhat the world needs, demands, and will have, is more practical statesmanship, and less of big- oted exclusiveness of doctrines." It is by this standard that we must judge him. He could not be bound by party, for his advice was sought by conflicting administrations; his attain- ments were too valuable to be rejected even by those 46 MEMOETAL OF CMAIB GUSHING. who (lilloivd iVoiu him in opinion. His rainiliarity with iho ])oliticMl inovcnuMils of all ibo leading nations oTllu' world, his know U'dge of llu'ir rulers and their allnirs, and his pi-oround learning in international h-nv, all eniinenilv (lualilird him to l>e what he really was — till' diplomatic counsellor of the country for a (juarter (^i' a centui'v, when our foreign relations were complicated In war, and hv the adjustments of peace. When profound knowliHlge as lawyer or hngnist oi' statesman was required, lie could respond readih' and satisfactorilv . And so at last lie stood alone among the rival and contmiding parties of the day, finding- ample sci'vice for his vast ])owers at the capital of the repuhlic. and receiving from his own townsmen that su|)i)ort which thev were alwavs |)roud to give, and which was accuratelv desc-riluMl In one among you who said: "The fathers who lirst voted for him have passed; their sons have come and g(me, and then' gi-andchildren are now the actors; hut they have all heen the same to him." TTTS rOXGRESSTOXAT. SKliVICE. In view oi" the unusual, |H'culiar, and remarkable |)ul)lic service of the great man whose career we have nu't to counnemorate, 1 should l)e doing injustice to him and to you, his townsmen and friends, did I not cousidcr somewhat elal)orately and earefnlly his conrsc in his givat spheres of duty as legislator, jurist, and statesman. I have already referred to his EXERCISES AT CITY HALL. 47 devotion to the system of government under whicli he lived, and to his constant desire for the power and aggrandizement of the repul)lic as a member of the family of nations. So controlling was this sen- timent with him that he felt, as if it were a personal insult, any reflection upon the civil organization of our land — upon the majesty of the government. He served this government with a sense of respect and allegiance, as a good servant serves a good master. He was scrupulously courteous to those Avho held official station — to the chief magistrate of the na- tion or the state, to the senator, to his representative in congress, because in his eye they stood for the gov- ernment. 'No supercilious or contemptuous or even trifling, word ever fell from his lips, or was recorded by his pen, in rei)ly to a popular call on him as a public servant. At home and abroad he was sensitive with regard to his country's honor; harsh and severe, per- haps, in dealing with those who differed from him as to where that honor lay. As a legislator he was ahvays ready to contribute to the power of the state, and to defend those measures and doctrines which had their foundation in the spirit of American enter- prise and American law. In this service he was never a partizan, even when recognizing his political obligations to the party which placed him in power. In his seat he was attentive, wjitchful, alert; in his committee room he was diligent, usefnl and constant. His presence was always welcome in the legislature of his native state, in which body he served honor- 48 MEMOKIAL OF CALEB GUSHING. ablv and (>tliciciitly at various times, from 1825 to 1851). His foiioTossicmal career commenced Decem- ber 7th, IS'S'k in the first session of the twenty-fom*th conii'ress. I lis colleag'ues from tiie state of Massa- chusetts Avere Abbott I^awrence, Stephen C. Phillips, Levi Lincoln, George Grenuell, George 'N. Briggs, ANilliam H. Calhoun, flohn Keed, John Quincy Adams, Sanuiel Hoar, and ]S^. B. Borden — a dis- tinguished delegation, in which he was the youngest and one of the most conspicuous members. He entered promptly and N'igorously upon his work. He was placed upon the committee on foreign affairs, and distinguished himself for his able advocacy of a treaty with Mexico, fixing the boundary between that country and the LMted States. He sat in that body as a representative of Massachusetts institutions, Massachusetts doctrines, traditions, and faith. His first remarkable utterance there was for the rio-ht of petition, which was at that time assailed; and in a speech made January 25th, 183G, before he was even familiar with the system of the House, he made an appeal which illustrates most admirably the senti- ments of his heart, the movements of his mind, and his manner of expression, at that early period of his life. " Men of Virginia," said he, " countr^anen of Washington, of Patrick Henry, of Jefterson and of Madison, will you be true to your constitutional faith? ^len of Xew York, will yon ride over the principles of the democracy you profess? Men of the West, can you prove recreant to the spirit of independence EXERCISES AT CITY HALL. 49 which carried you beyond the mountains? Men of ^ew England, I hold you to the doctrines of liberty which you inherit from your Puritan forefathers, and if this House is to be scared l^y whatever influences from its duty to receive and hear the petitions of the people, then I shall send my voice beyond the walls of this capitol for redress. To the people, I say, your liberties are in danger; they whom you have chosen to be your representatives are untrue to their trust; come you to the rescue, for the vindication of your right of petition. To you I appeal, to you, the peo- ple who sent us here, whose agents we are, to whom wv shall return to render a reckoning of our steward- ship, and who are the true and only sovereigns in this republic." Hear what he said on the Indian question, imme- diately after his defence of the right of petition, nearly half a century ago; and may our country listen now to the words then spoken by that young- representative from Massachusetts — woi-ds now ven- erable with years and coming from his honored grave. " Every consideration of policy," said he, " calls upon us to conciliate, if we may, the Indians within our jurisdiction. •«■ ■^- * Dictates of duty in this matter are not less imperative than argmnents of policy. The Indians are in our hands. They have been sunk to what they are, if not by us, yet through us. We have assumed the guardianship of them, and have pledged ourselves by stipulation after stipulation to watch over their welfare. I invoke the 50 MEMOIJIAL OK CALKB CUSTHNG. failli of treaties. I M|)i)eMl to the lionor of the nation. I (k'lnand of its ti'ulh and justice, if there be any sense of ri-ested plan for tlie l)enelit ol' the Indians sub- ject to oni- authoi'ity. Let us not si)eak to them only as concpuM-ors and in ihc hin,i>-ua<>-e of relentless rigor, but to the vi<;-or that shall overawe and control, con- join the justice that shall connnand respect, and the clemency that shall conciliate affection." Called upon soon after to discnss the qnestions of banking- and the cnrrency, he uttered views which are so a])i)ropriate to these times that I record them here as if it were his living voice si)eaking' to us in this hour of our fmaneial trial. After enlarging" on the danger of paper money, and the inii)ossibility of a purely metallic currency, and declaring that "' Bank pa|)er convei'tible into specie on demand is the medi- um between excessive gold currency on the one hand and mere pa})er money on the other," he said, " It would carry me too lar to go into an examination of the relations that l)aidvs hold to the business of the connnunity. The fact is apparent. If yon conple this with what I have i)r()ved of their composition and ownership, I think you will perceive that you cannot overthrow the bank cor])()rati()ns of the states with- out disturbing ])retty eifectnally the whole connnu- nity. They are inwrought with its entire fabric. It is this circumstance, and not the power of banks, which has occasioned the suspension of specie pay- EXERCISES AT CITY HALL. 51 ments, to take place throughout the land, from one end of it to the other, without any conflict or collision be- tween the banks and the people. By destroying tiie banks, then, you will revolutionize the property of the country; not that of the rich only or chiefly, but that of the farmer, the mariner, the mechanic, the manufacturer; and in revolutionizing the property of ah these you ivvolutionize society. Such an upheav- mg of society from top to bottom may be very con- venient to the idle and the bad, the needy adventurers who would like to have all the good things of this world thrown into common stock for a general scramble every Saturday night, because they are either above or ])eneath a life of labor. But how would it suit the virtuous and frugal, who compose the great body of the [)cople of this country, and who see themselves gradually rising into competency and respectability by means of honest mdustry and enter- prise : To these views he faithfully adhered in succeeding congresses, and on May 21st, 1810, in opposing the Independent Treasury bill, he charged upon it that it was a deliberjite attempt to " unbank the banks;" a scheme to create "bank princes," instead of corpora- tions ; an effort to engraft the moneyed institutions of the old monarchical world upon our own, to increase executive patronage, and to open the way to fraud and peculation. He foreshadowed that financial policy which enabled us to conduct an expensive and 52 MEM()KIAL OV CALEB CUSTTTNG. i^xhnustiiii;- war, and to sustain our credit iu time of |)ea(*e. On Uie 10th oC Ai)nl, ISIkS, be spoke for the en- couraLieiiuMit ol" llu' llien i-apidly o-rowing West, and iiidicatrd his palriofu' (U'sii-e lo earrv oui" institutions into Ihi' iMitire (ei-riloiT subject (o our jurisdiction. Iu tliscussiuo- tlu' Cuiuheilaud road l)iil, at tliat time, and supportiug il on liie ground that as a great land- holder the United States have the same |)ower which anv pri\ali' hmdliolder lias to ma1ce school reserva- tions and road resiM'\ ations, and to contribnte to local iniprovenu'uts, thus augmeutiug tlu' value of the land and promoting sale and settlement, he said, " Sir, it may be, it nuist ])v that the relative political c rdous states beyond the mountains, dividing with us the naiional powei*. But I cannot sulfer myself to regard this tpiestion in the limited view of mere sec- tional interests. It iuNolves tlu^ greater good of the whole nation, the good of the human race. The sur- plus population ol" the .Vtlantic states will coutinne as it has done, to sow itself broadcast over the valley of the ]Mississip[)i. Are they not still our own posterity, our bnUhers, oui' blood, and Americans like our- selves? 1 rejoice in the spectacle ol' the Anglo- EXERCISES AT CITY HALL. 53 American stock extending itself into the heart of the continent, taking the phice of the wild beasts and roaming savages of the far West, advancing with, as it were, a preordination of inevital^le progress, hke the sun moving westerly in th(^ heavens^ or the ascending tide on the seashore; or in tlie striking language of a foreign traveller, as a deluge of civil- ized meii rising unabatedly and driven onward by the hand of God. I rejoice to see growing up in the West a prosperous and cultivated comnninity, daugh- ter of the East — Mater jmlclirce filia imlclirior. Tf, as may well ha])])en, the expanding states of the West be luted to reacli the remote shores of the Pacific itself, I desire to see them carry along with them the hiws, education, and social impi-ovement which belong to the older states, so as to combine dis- tant peoples by the ties of mutual good will and bene- ficial intercourse, as well as of blood, thus overcoming the oljstacles of time and space, and worthily fulfill- ing the great destiny reserved for this exemplar American Republic." As I look back and remember that forty years ago this was ])ro])hecy, and that in that time the population of the United States has more than doubled, that fifteen states have been added to the Union, that the civilization of the East has really reached the Pacific shores to rival the At- lantic slopes in all the arts and enterprises of life, and that the remotest regions of our country are bound together not by a common destiny and common blood alone, but by the most immediate and rapid communi- Hi MKMOKIAL OV OALKH C'USlllNCi, ^.;,^•,on — M ^lowtli wiru'll seems rnhiiloiis to ns who h:\\c sorii it — 1 rnnnol ;ulinire loo much \hv voiilli- I'lil |>i'o|)lu"t'u' si;it('sm;ni wlio prcMlicU'd the nslonish- inu' ri'^iih :\\u\ |tre|):iroil tlu' minds ol" his coimlrvmon to iT;ih/.r nnd |>i-o\ide lor it. On flime Dhli, 1S)>S, \\itlihi> mind stiU liUed witli \ isions oC (lie rising;- ure.itiu'ss ol" liis coiuitiN, niul eompn-hoiurmi;- llio |><»|>- uhir ikMunnds :\\\d necossilies ol' :i ^I'owini;- ropiihlic, hi' made a stroni;- and rIo(iiU'nt speech in laNOf ol' ^rantinu- Pi-eemplion l\ii;hts, warnini;- the countfv aiAain^t the ii'ceuidai'ities and c-onli'o\ iTsies allendini;' the nianaiiement and sali' of the lands by tlu' i;-o\tM'n- menl, and a^■ainst the sc'ctional ri\ah-ies which musl sprini;" from tiieir ilistrihulion, and claimini;" I'or the actual siMtlei's, for lhosi,> hardy men who wei'e to Iniild up the empiiv \\v had pi'i'dicted, I'oi' lhosi> who were to convert llie wilderni^ss into I'eiiile lields and make it the abode ol" ci\ ili/alion and I'rei'dom, eveiy encourauement the i^overnmiMit could bestow by ojH'nin^" the latuls to tiieir occupation and use. Slartinii' I'ortli with these enlarged \ iews ol'tlie pol- icy whic-h the ^-overmuent should |)ursue on all the imporlaul iiuesiions {o which 1 have ri'l'erred, he was ready at all times to upliold tlu> honor ol' that i;-o\'eru- ment, and to lil't up his voice in behall" of all means by which the j)eople could be inl'oiMned and elevated. In a healed iK'bale on the li\>asnry note ([ueslion in ^[arch, IS 10, he declared that "he was nol disposed to willdu)ld I'fom the i^ovei'mnenl the means pi-opei' EXERCISES AT CITY If ALL. 55 and iK^oes.sary U) cnn-y on its ojjei'ution.s, but he would hold the administi-ation i-e.si)onsil>le foj- the disburse- ment of sue]) means as were placed at its disposal for that purjiosc " — i-cfo;i-nizin;^ his patriotie duty to his country, evr-ii while oppo^in;^- the pni'ty in jiowci' to the extent of pi-cdielii);^- a ehang-e of administratif>ii nnd coii^ii-at iilatiii;^' the eountry on it. At all times he ui-;^('d lihcral and j^i-og'rcssive measures on the House, and vvaiiicfl his associates there against oppos- ing- the advancing spii-it of the American ]>eo]jle. He protested a;^ainst th(; famous Atherton I'esolutions, as a violation of those rights which an American holds most dear, ile urged repeatedly the doctrine tlntt a trr-asuiy note was as )niich a loan a> a l)r)iid with a specified i-ate of interest, and should \nt issued in the foi'in of a draft on specie oi- (jthcr means in the; pos- session of the government at the time it is emitted. Thus far Caij:!', (.'usiiixt; had, as a Whig member of congress IVom Massachusetts, found himself iji a minority in the house. J*ut the electirjn of ^HiO had taken ])lace, the most sweeping political i-evolution ever known in this country, and on February 12th, 1841, he was apj)ointed on a committee of the House to notify General Hariison of his election as Presi- dent of th(i United States. His party was nf>w in power in e\ery branch of the government, and he stood before the country with the brilliant congres- sional i-ecoi'd I have just delineated, and with a repu- tation as a debater, an oi'atoi*, a wise, enlightened, far- 56 MEMORIAL OF CALBB GUSHING. seeing, lil)eral statesman, rarely equalled in this country. THE ADMINISTKATION OF JOHN TYLEK. On tlu' 4th of March, 1841, the new administration came into poAver, and President Harrison, having placed himself s([narely in his inaugural upon the doctrines ol" tariif and linance advocated in congress and out of it, by the leaders of the Whig party, now triumj)haiit, selected a cabinet so distinguished and able that the eountr} had a right to expect the soundest and wisest policy. At this distance of time how illustrious the group ai)pears! Daniel Webster, Thomas Ewing, John Bell, Geoi-ge E. Badger, Francis (Iranger, and John J. Crittenden, statesmen all, experienced, wise, pati'iotic, powerful advocates of the policy of their party, and at the same time large-minded aud large-hearted defenders of the best interests of the republic. On the 4th of April the President passed away, an old man, crushed by the weight of i)ublic cares suddenly imposed, and bewdl- dered by a ])lin(ling storm of eagerness and impetu- osity which broke over the capitol. The duties of the Presidential office devolved u])on John Tyler, the Yice President, and one of the most extraordinary chapters in the history of American politics com- menced. 41ie ca1)inet of President Harrison, on in- vitation of President Tyler, retained their position, and the extra session of Congress, called before the EXERCISES AT CITY HALL. 57 death of the President, convened on May 31st. The bold and imperious leadership assumed by Mr. Clay in the Senate at once attracted the attention of the entii-e countiy, and evidently annoyed many of the younger leadei-s of his own i)arty. His programme of the ))usiuess of the extra session : 1, The repeal of the sub-teasury; 2, Tlie incorporation of a national l)anl< ; 3, The provision of an adequate revenue, and a temporary loan; and 4, The distribution of the pro- ceeds of the public lands — was put forth with all the im])eriousness which marked the great Kentuckian, and gave rise to the statement that " Mr. Tyler had delivered a message; Mr. Clay vii'tually delivered another." The irritation had commenced which ended in an explosion; and even before there was any declared difference of opinion between the Presi- dent and his i)arty in Congress, Mr. Cushing took occasion to say in the House that he recognized no administration but that of John Tyler. It was upon the " Bill to incorporate the subscribers to the Fiscal Bank of the United States," the great measure of the session, the great object of the Whig party, the act which Mr. Clay had especially at heart, that the ex- plosion came. After long conference with the secre- tary of tlie treasury, Mr. Ewing, and many ingenious attempts to accommodate the well-known views of the President, and to conciliate the anti-bank men of the dominant party, the bill passed the two branches of Congress and was submitted to the President. In his veto message, with which he returned the bill to .kS IVlKMOinAL OV CAf.EB OUSllING. - llu' l)()(l\ ill wITk-Ii il ()rii;-iii:ilO(l, Ihc Pri'sidoiit ri'|)i';itc(l liis i>;iil\ opinions ni^ninst llic consrUulion- jililv of tln' l):miv, and drclnri'd lli:il it would Ih' :i ( rinu' and an iiilainv in him lo sii;n tiic hill which liad lu-(Mi pri'si'iiU'd lo him. Mr. (May altacdvcd llio nu'S- saiio nilli ureal scvi'i-ily, diM-larin^- thai llu> j^rcsidcnt was hound lo prcst'rxc his scir-ri'spccl, hy Ix'ini;' ohi'diiMit lo llu' |)aiiy whicli cK'cUmI him, or hy ivsio-n- ini;' llu' |>iTsid(MU'y il' ohcdiciUH' was iin|K)ssil)l('. Mr. lvi\cs oC \'iri;inia warmly dcdt'iidcMl the President, and was chaiu'ed hy INIr. (.lay w^itli lodii'ini;- in tlie *'hair-\\a\ hons(>," ihe pel-hank system, in his Iransi- lion IVom llu' demoei'atie to tlu' whiu-eamp — with heinu" a memhi'r of an inner circle ol" administration advisers — with allemptinu' lo oi\i;ani/e a third l>arty, and lo snrronnd the Presidrnl wilh a secret cabal; Mr. Kives siuiiiricanl ly remindini!,' the senator I'roni Kenlncky in reply, that iIum'c were also minors ol" a diclalorsjiip al llie capilol, " iraniihl with far more (hin^'er lo ihe rei2,nlar and salutary aclion ol" oiir hal- anced conslilntion, and to the liheiiies of ihe |)eo])k\ ihan any seci'cl cahal ihat cmm' has existed or ever will exist." 'Pile senate Tailed to pass the hill o\ cr the Vi'lo, and a riiplnre hei;-an which was ncNcr healed. .V second hill lor a liscal a«;\>nt, called a liscal cor- |)oralion, mel wilh no hi>tter (ate at the hands ol' IJie I'resident — and the nijilnre was coni|)lete. On the 1 1th of ScptemhiM- the memluM's of the Cahinc>t, with the exception of Mr. AVehster, resiomMJ, and a cahinet composed of Whi^s with democratic proclivitie.s, and EXERCISES AT CITY HALL. .19 IJeiii(>('i-;its witli whig" procliviticis, was apjjoinlcd in their places. 'Vhv Whig raeml)ers of (Jongrcss rose up in Ihcir vvralh, invt in coujieil and issued an ad- (h'ess to tile peo|)li! oft lie United States, charging the Pi-esid(!nt vvitii a desire to create new political combi- nations, with having wrested from the Whig ))arty " onci of (Ik; Insst fruits of a long Jind pjiinful struggle, {iiid the consummation of a gloi'ious victory," and with having sent, it into the field oC |)olitical strife, " sti'ij)ped of the arms wln(;li success had [)laced in its hands." It, was at this point, that Mr. (Jushing took his stand, and following the lead of Mr. VV^'hster, issued ji counter manifesto, justifying the l*resident foi- clianging his coui'se on the Fiscnl (yorpoi';ition l>ill, and declaring that he still adhered to the pai'ty wliich placc(l him in power. In this manifesto he denounced the "• caucus dictatorshi]) " which hiid h(!en set U|) in congr(!Ss; warned Mi', (vlay tluit in attacking the President he would beat out his own brains and those of his party against a wall of his own construction; a])[)ealed to the Whig j)ai'ty not to " t hrow away the actuality of power for the ciin-cnt, four years" for "some contingent possibility four years hencc!'"'; re- minded his associates that a division in the \Vliiill. l)iit that it was wasteful economy in the end; and he protested against humbling the nation before foi-eign governments by reducing the army, declaring that of all policy to reduce the army and navy he washed his hands. In this session he stood by President Tyler still, and supported the President's veto of the bill to ex- tend for a limited j)eriod the present laws for laying and collecting duties on imports — assuming with Jef- ferson that the executive, and congress Avith its two houses, constitute the " thi'ce branches of the legis- lature," and agreeing wtth Mr. Everett, who speaks of the President as " the co-ordinate department of the National Legislature." In the third session of the iJTth congress he op- posed the repeal ot the bankrupt act, passed at the first session, on the <>-rouud that it was a vacillatino- policy, and injurious to the business of the country; and he advocated the reiuuding of General Jackson's line. With this session his congressional career ended. That his course during his congressional life of eight years had been patrioiie, and national, and high-toned so far as the advocacy of questions brought before hun is concei'ued. no one can deny. lie at all times supported a humane and i)i'ogressive policy at home, and a manly and detianl i){)liev towards forei<>-n powers. How fai- he was controlled in all things by political wisdom, I leave for others to judge. When he retired from the national legislatui-e he was in full EXERCISES AT CITY HALL. 63 accord with the President, who was elected by the great party, of which he was a conspicuous and pow- erful member; but the President was at open war with that party. So far as his political affiliations were concerned, Mr. Gushing during the remainder of his long life acted with the Democratic party when he took active part in any political organization — although in many instances he stood aloof, l^ound by no party ties whatever. From this time he attained no official position by the suffrage of the people — except as mayor of this his native city, and as a rep- resentative to the General Court of Massachusetts from this community, which always felt proud to place their interests and the expression of their views in his powerful hands. THE MEXICAN WAR. His public service now became of another sort; and it was mainly in the business of interpreting and applying our laws at home and abroad that he was engaged. But before proceeding to discuss this ser- vice, it is due to his comrades in the Mexican war to refer to his connection with them in that contest which ended in a large acquisition of valuable terri- tory to the United States, and which first taught foreign powers to respect our warlike capacity as a people. California and I^ew Mexico have become integral parts of the republic — an incalculable addi- tion to our wealth and to the extent of our power and civilization on this continent. The genius displayed by Scott and Taylor on the battle-fields of Mexico 64 MEMORIAL OF CALEB GUSHING. won the respect and admiration of the great com- manders of the old AYorld. In reviewing the con- gressional career of Mr. Cnshing, it is easy to see how his sympathies were enlisted in a cause in which the honor of his country seemed to him to he involved, a cause which was accepted by his new political associates, a cause in which that army which he had so often defended on the floor of the Ilonse was employed. There have been many instances of the energetic devotion of the public men of Massachusetts to the work in which they wei'e engaged — but seldom has more resolu- tion been displayed than your distinguished townsman manifested, when the legislature of Massachusetts having failed to provide Ibi' the e([uipnient of a regi- ment of volunteers foi- the war, he furnished the re- quisite sum from his own means. Leading his regi- ment to the Kio Grande, he was attached to the army under the command of General Tayh)r, and soon after received the appointment of brigadier-general. He also served on the board of enquiry for the investiga- tion of charges against Generals Scott, Pillow and AVorth. THE TIIEATY WITH CHINA. Hut it was as diplomatist and jurist that he won his chielest distinction after his retirement from con- gress. On the lOtli of December, 18J:0, John Quincy Adams called up a resolution in the house asking for intbrmation regarding our relations with China, and complaining that when the American consul present- EXERCISES AT CITY HALL. 65 ed a memoiial of the American citizens of Canton he was directed by the authorities there to place the name of the Emperor two inches higher than the name of the President. Mr. Adams desired that such distinctions should cease — and that the two offi- cers should be treated with equal respect. In this discussion he was warmly and eai'nestly supported by Mr. Cushing in an argument filled w^ith knowledge of the economy and policy of the Celestial Empire. In the following summer he was appointed commis- sioner to China to negotiate a treaty between that country and the United States. He entered upon the work assigned him with his usual energy and system. The government to which he was accredited was a sealed volume to all other nationalities ; the Mantchoo lan«'uagc seemed by its intricacies to constitute an impassible barrier between itself and every other tongue; the Chinese character was a mystery; Chi- nese manners and customs and wants presented an incomprehensible and perhaps repulsive problem, made venerable and unapproachable by an antiquity of thousands of years. Negotiations with the Em- pire had been peculiarly unsuccessful. But the mind of Mr. Cushing found most satisfactory work in arrang- ing- the business before him. He sought counsel and advice of Dr. Parker, long an American resident there, whose skill as a physician had won for him a high reputation, and whose keen and diligent study and observation had given him most intimate and ex- act information of the difficulties surrounding all 66 MEMORIAL OF CALEB GUSHING. commercial intercourse with the Chinese merchant and government, and the best methods of protecting the lives and property of our citizens in Chinese ports, and of securing some form of respect for our system of education and our forms of rehgion. The vener- able physician, now withdi'awn from public . life and enjoying his well-earned home at the national capital, refers still with unabated admiration to the readiness with which the American Commissioner received his suggestions, and to the untiring zeal with which he entered upon his woi'k in China, where they were as- sociated during the entire continuance of the mission. The courtesy, and dignity, and patience, and keen- ness, and readiness, and anxiety of Mr. Cushing to learn everything which would enable him to perform his work well, were especially attractive to all who were associated with him in the service. Accepting the suggestions made by Dr. Parker, and submitting them to the State department, he may be said to have provided himself with the best instructions which could possibly be obtained. He was directed by Mr. Webster to enlarge the commercial relations between China and the United States as rapidly as j^ossible, to cultivate the friendly dispositions of the government and the people, to assure the Chinese government that the commercial regulations of the Empire would be respected, and that the intercourse between the heads of the two great governments " should be made to embrace only grave political questions, the tender of mutual regard, and the establishment of useful EXERCISES AT CITY HALL. 67 relations." He was instructed to obtain an audience with the Emperor, and to insist on this courtesy as an act which the President of the United States had a right to claim, at the same time " he was to avoid the giving of offence and the wounding of the national pride." He was ordered to enlarge upon the extent of the territory of the United States, " their great commerce spread over all seas, their powerful navy everywhere giving protection to that commerce, and the numerous schools and institutions established in them to teach men knowledge and wisdom." He was urged to conclude a treaty between United States and China as favorable in all its terms as that existing be- tween that Empire and Great Britain. These instructions were more than fulfilled by the terms of the ti-eaty, which was signed July 3d, 1844. By this treaty objects of contraband and monopoly became a matter of stipulation between the two gov- ernments, and were not left to the Emperer alone. New provision was made for trade from port to port. The personal dignity of consuls was protected. Cit- izens of the United States were allowed to erect houses, magazines, churches, cemeteries and hospitals in each of the five ports. Provision was made for the employment of natives to teach the language of the Empire; and the purchase of books was legalized. The vessels of the United States were allowed to come and go between the ports of China. Direct communication with the court of China was provided for, — the first time in her history. 68 MEMORIAL OF CALEB CUSHIN-G. Whatever may li;ive been clone since the negotia- tion of the Gushing ti'eaty with China, however wise- ly and widely Mr. Burlingame may have served the interests of both nations by his skillful offices and mana<>-enient, it cannot be denied that to this first oi)cning negotiation we owe entirely the establish- ment of such relations as rendered further intercourse possible. It was the first bond which bound the East and West together, and it accomplished more foi- the United States than the arms of Great Bi'itain had yet accomplished for that gi'cat commercial power. For Ghina, it taught her there was a Christian nation which believed more in the results of peaceful ai'bi- tration than in the power of the sword. Mr. Gushing returned to this country in 18^5 laden with knowl- edge of the language and institutions of the East. rilK TRKNT AFFAIR. The unexpected and anomalous difficulties which arose between the United States and Great Britain during the civil war, called for the exercise of great sagacity, profound knowledge of international law, and accurate judguient with regard to what would be possible and what impossible in negotiation. In the Trent affair, and in the lualter of Confederate cruis- ers, the course pursued by the British government excited alarm and astouishment in the minds of all who desired the success of the Union arms. And jthe opinion of a profound international lawyer and an experienced diplomatist like Mr. Gushing was consid- EXERCISES AT CITY HALL. 69 ered of great value by all who were called upon to sit in judg-ment upon these questions, and by all whose interest and whose regard for tlie republic gave importance and significance to the decision. Fortunately we have Mr. Cushing's opinion of the seizure of Mason and Slidell, in an elaborate letter addressed by him to the Hon. Fernando Wood, Dec. 6th, 1861. You who have listened to his views ex- pressed while a member of the House, on the pros- pective power of the republic, on the importance of supporting liberally the army and navy, and on the McLeod matter, will not be surprised at the stern and defiant and uncompromising manner in which he pro- posed to hold England responsible for her acts under the international law as interpreted by herself. It is curious and interesting to see how the diplomacy of the administration tended one way, and the opinion of a great American lawyer, warmed by impulse and free from responsibility, pointed another. In this re- markable letter he says : " I think we, in the United States, are over-sensitive I'egarding foi'eign commen- taries on our government, and on its acts and oui's; it would better become us to stand steady before the woi'ld in the calm self-possession and conscious strength of a great people." ^' Mason and SHdell," he wrote, " are subjects to be dealt with as prisonei-g of war, or they may be proceeded against for ti-eason; but they could not be dealt with by us in either of these capaci- ties while they were on board the Trent. We 70 MEMORIAL OF CALEB GUSHING. are to find a reason for their personal arrest while there. We have that sufficient reason, I think, in the I'aet that they were diplomatic ministers of the government ol' the insurgent states, commis- sioned as such, and, as such, destined for Great Britain and France." He goes on to say that " the hest modern writers of ])ositive law accept and carry out the general doctrines of Lord Stowell to all its legitimate consequences, which if not justifying the stoppage of enemy ambassadors universally, do, at any rate, distinctly justify the arrest in ithiere of the unari'ived, and of course unrecognized enemy ambas- sadors, and still more the uni-ecognized ambassadors of an unrecognized iufsurgent government." Fur- ther on he adds, " To aid the insurgents to es- tablish their independence would be on the part of a neutral nation, an act of intervention in war, which act, whether it were the supply of arms or of soldiers, or of pecuniary subsidies, or of the transmission of these, or the facilitating such supply or transmission, or the negotiating foi- them or pro- viding the means of negotiation, would constitute a breach of neutrality as respects the legitimate gov- ernment, ^^ow the ti'ansportation of insurgent am- bassadors not only comprehends within it the Con- traband Act of ti-ansporting despatches, but compre- hends also the entire (juesntio of indirect military aid to the insurgents in all its possible relations, together with the entire question of political aid." " To con- clude then," he says, " the act of Captain Wilkes EXJ^]UCISE.S AT CITY HALL. 71 was one which any and every self-respecting nation must and would have done, by its own sovei*eign right and power, regardless of consequences. At the same time it was an act justified by the principles and doctrines of international jurisprudence." No man can read this opinion of the great interna- tional lawyer, in these days of the prosperity and power of the Republic, without being impressed with the soundness of the law, and the unyielding spirit which even in adversity insisted on asserting a doc- trine to which the popular heart warmly responded, but which diplomatic necessity felt obliged to set aside. THE ALABAMA CLAIMS. This spirit of defiant assertion for the government also manifested itself in the last great act of his life, perhaps the greatest of all, as one of the counsel of United States in the mattei submitted by the treaty between this government and Her Britannic Majesty, signed in Washington on the 8th day of May, 1871, to the tribunal of arbitration called to meet in Geneva. In this work Mr. Gushing evinced a depth of knowledge, an accurate power of detail, a patience in research, a readiness to labor, a zeal for justice and right, which astonished and delighted all who were associated with him. In his argument before the arbitrators at Geneva, to whom the two govern- ments had referred the question of damages arising from Confederate cruisers, fitted out in British ports 72 ' MEMORIAL OF CALEB OUSHING. durino- the civil war, known as the " Alabama claims," he was earnest, sometimes impetuons, always clear, loo-ical and profound. He was there as counsel for the American government, and stnnding upon the doctrine laid down by himself as Attorney Genei'al in 1855, on the question of foreign enlistments, to which I have already alluded, that a government is unciuestionably responsible to other governments for defective local legislation, and for insufficient care in observing and enforcing all its obligations, he really announced the opinion which won the Alabama claims. He contended most earnestly for compensa- tion ibr all damages direct and indii-ect. He learned from the Secretary of State, Mr. Fish, that it was " with unfeigned surprise and sincere regret that the President had received the intimation conveyed in Earl Granville's note, that Her Majesty's government held that it is not within the province of the tribunal of arbitration to decide upon certain claims for indi- rect losses and injuries;" and that they were "neces- sarily to be taken into ecpiitable consideration in a final settlement of all differences between the two countries." He knew that as early as the 20th of May,1865, Mr. Adams stated distinctly in a commu- nication to Lord Russell, " that in addition to this di- rect injury, the action of these British-built, manned and armed vessels has had the indirect effect of driv- ing from the sea a large portion of the commercial marine of the United States, and that injuries thus received are of so grave a nature as in reason and EXERCISES AT CITY HALL. 73 justice to constitute a valid claim for reparation and indemnification." He knew that when Sir Edward Thornton demanded of Secretary Fish, " that the United States Government should formally acknowl- edge that the indirect claims were not within the scope of the arbitration," the reply of the Secretary was that this was impossible, " because they had been presented to the tribunal under the firm conviction that they were included in the treaty." With that tenacity of purpose which governed him in all his public ser- vice, he insisted in his concluding chapter of the argu- ment of the American council, that enhanced rates of insurance, the transfer of United States commerce to the British flag, the prolongation of the war of the Rebellion, constituted a weight of injury which should not be lost sight of in the arbitration. To support this view he boldly directed his portion of the argu- ment; and joining his masterly powers to those of his associates, Mr. Evarts and Mr. Wait, he rendered his country invaluable service, by taking a high stand for the honor of onr gOA^ernment and for such asser- tion of international dealings as would give the Unit- ed States a precedent for the loftiest demands when she might have reached the height of her power and strength. He was appointed council for our government some weeks in advance of his associates, and had made val- uable suggestions to Mr. Bancroft Davis, the able and accomplished agent of the United States, to whom the country owes a debt of gratitude for his careful 74 MEMOKIAL OF CALEB OUSHrNG. and complete presentation of the American "case" to the arbitrators. Before the arrival of his associate counsel in Europe the case as it now stands was print- ed; and when the arbitration opened, the counsel were occupied iu Paris prepariug their work, Mr. Gushing reachiug tlieiv on the 10th of Fel)ruary 1*^72, and bringing with him a mass of matter which had been col- lected in Washington under his supervision, and which was afterwards appended to the counter case,^ which was also prepared l^y Mr. Davis. Having proceeded to Geneva to unite with Mr. Davis in putting in the counter case and the accompanying documents, he re- turned to Paris for the preparation of the argument, and took apartments in the American quarter near the Arc de Tricmiphe. The argument was practically written and printed in English and translated and printed in French in thirty days. Of this work Mr. Gushing did liis full shai'e, and advanced as he now was in 3^ears, he was at the close as vigorous and l)Ouy- ant and sympathetic as ever. During the fortnight of negotiations which followed the putting in of the American argument, and preceded the putting in of the British ai'gument, he was a sagacious counselloi", u[)()n whose judgment his associates felt they could always rely in solving questions that belonged to the statesman more than to the lawyer. Of the American argument which controlled the ar- bitrators in their decision, there were thirteen chap- ters, whose authorship was, as near as I can ascertain, as follows, viz: Chapters 1 and 2 were written by Mr. EXERCISES AT CITY HALL. 75 Evarts; Chapters 3 and 4, by Mr Cusliing; Chapter 5 by Mr. Bancroft Davis; Chapters 6, 7, 8, 9 and 10, l)y Mr. Wait; Chapters 11 and 12, by Mr. Evarts; and Chapter 13, by Mr. Cushing, excepting the second subdivision which was by Mr. Davis. Of the argmnent of Mi*. Cushing in reply to the special argument of Sir Roundell Palmer, we are in- formed in the published report, that " this argument was written and presented in the French text as shown in the note;" — an illustration of the author's accomplishments as a scholar and linguist. In the midst of all this work, of whose daily elabo- rate discussions and consultations it is impossible to give an adequate idea, and the toilsome preparation of which the record gives no notion, Mr. Cushing took his lodgings at some distance from the hotels of Geneva, on the soiith side of the lake, where he could do the work assigned him free from intrusion. He found tmie to make himself acquainted with Geneva, its history, its local antiquities, and the personality of those who were prominent in the city during his so- journ there. He also studied the points of interest throughout the whole borders of the lake so thor- oughly that he w^as not only an agreeable companion but an accomplished guide to his associates in their drives and excursions. In the conduct of business inside the court, it was universally conceded that his dignified bearing, his great learning, his experience and his affability, produced an impression in the highest degree fiivorable to our cause. And it is 76 MEI^IOKTAL OF CALEB GUSHING. affectionately said of liini l)y those most intimately eonneeted with him on this great occasion, that he was a counsellor lo whom Ihey could go with confi- dence, and a friend whom Ihey could imidicitly trust. I have in connection \vi(h Mr. ( 'Ushing's arguments on tlie .Vlahania claims, as elsewhere, spohen of the tenacity ol' his mind in adhering to what he consid- ered his matui-e and well-defined |)rincii)les of law and conduct, notwithstanding the a[)i)arent inconsis- tency of his political liCe. This chai'acteristic of his, and his sturdy demand Cor lair dealing in argument are also illustrated in his well-hnown "History of the Treaty of Washington." In the j)agi'S of this re- markable volume he pivsses still his views of the claim for '' indirect damages," which he designates, Avith his usual comprehension of the interests of his country, national (Umiages, and exposes with a keen sense ol' honor the successful attem|)t oC Lord Chief- Jnstice Cockbum, the l>ritish arbitratoi', to insert a partizan jiolitical docuuKMit into an oi)inion which should have been a ])urely judicial statement. Tn this as in all his course upon matters gi'owing out ot the ti'caty of AVashington, he dis])layed the direct and steady and forcible operation of his mind, his deep rt'gard foi' the honor of his country, and his high ap|)reciation of the laii'uess and dignity demand- ed by lolty otficial position. There may have been moments when he was controlled by |)artizan views, but not upon tlu' bench, not in his oi)inions as a law- yer, not in his service as a (Uplomatist. EXERCISES AT CITY HALL. 77 The remaining; act of Mr. Ciishing's diplomatic life was performed by him as minister to Spain, in which he maintained his high reputation as a wise and faith- ful public servant. II rS CAREER AS A LAWYER A^NTD JURIST. Of Mr. Gushing as a lawyer and jurist, a just and appreciative woi*d has already been spoken Ijy his l)retlH'cn of the Essex bar. The practice of his pro- fession was far too short to develop his capacity as an an advocate, l)ut long enough to indicate his wonder- ful power of grasping the principles of the law and of arranging and retaining them in his mind. Ele- vated to a seat on the Supreme bench of Massachu- setts in 1852, after long absence from the courts, he brought his great storehouse of general legal knowl- edge into such such successful operation, that his opinions rank high among those pronounced by the court, at a time when it held a foremost place among the judicial tribunals of the country, and when its great chief justice earned the reputation of having " made more law than any other man in the republic," as I once heard Mr. Cushing say on introducing him to one of the distinguished lawyers of another state. He was a brilliant, faithl'ul, able judge, filled with a sense of his obligations and thoroughly conscientious in the discharge of his duty. Of him said Chief Justice Shaw, " When he came upon the bench we did not know what to do with him; when he left we did not know what to do without him." 78 MEMOIMAI. i)F CALEB GUSHING. As Attorney (>(Mum-u1 of the irnitcd Stales, a posi- tion to whicli be was cnlkMl by rresideiit Pierce in 1851), be pi'oved binisell" most eflieieiit as the law offi- cer of ibe administration, and did mneli to enlarij^e and (b'line Ibe duties oC tbal depailment of tlie gov- ei-nmenl. His opinion on I'oi'eign enlistments lias be- come Ibe <;iii(iin<;- bnv of Ibe land to wbicb other na- tions are held strictly accountable. His opinion upon the (piestion ol" indeimiity by the government for the use of JMorton's i)atent loi' aiK)OSthesia in suri2,ical o})- erations, is still admired as a sound and clear state- ment ol" ])atent law and as a charminj^' essay ujion scientilic discovei'y and nu'chanical invention. He delined the duties of the Attorney dieneral and the re- lation of bis ollice to the Federal ( Jovei'unient, in a way wbicb has since bis day been observed, and be put a sto]) to the c-ustom of bis predecessors of j)nr- suini;- their |)i'i\ ate business in ollice and court, while in the employ of the government. He laid down the duties of congress nnder the constitntion, and fur- nished three important volumes of the thirteen, con- taining the opinions given by his department since the foundation of tlie republic. coNCLusroisr. That the mind of Mr. Gushing, which grasped with so nnicb readiness and force questions of pub- lic policy, should have made a conspicuous and bril- liant mark in the Held of general literature, is not sur- pnsing. As an orator on all public occasions, as a EXERCISES AT CITY HALL. 79 writer of esscays for the reviews of the day, as the author of the history of his native town, of a record of his early travels in Spain, of a treatise on the Treaty of Washington, as a speaker in political cam- paigns, as a popuhxr lecturer he won a high rcjuita- tion. His style as a writer was somewhat over- wrought and llorid — more.' so by far than was neces- sary considering the amount of information and the depth of thought which it conveyed — but it always commanded the attention of the reader, and bore the marks of careful study and a cultivated taste. As an orator he was powerfid and impressive, in gesture not so remarkable for grace as force, in voice as cap- tivating as a well-toned organ. Before me lies a long list of orations, speeches, addresses, lectures, essays, extending from 1824 to 1875, more than half a century, during which his country advanced from childhood to manhood, and passed from a doubtful to a positive, well-defined, aggressive, powerful nation- ality. In all these yeai's his name appears as the careful student of public affairs, the devoted and ac- complished scholar, the i)i'()found thinker, the close observer, ready at all times to express his views in public, and sometimes ovei'laden and confused by his wealth of knowledge in discussing the men and ■measures of his time. His library which he left behind him — a mute instructor upon his modes of thought and study, contains the works of every great writer on international law and maritime law, from Yattel to McCuUoch, in all civilized tongues, the best 80 MEMOKIAL OF C^il^EB GUSHING. editions of Greek and Latin classics, histories, ancient and modern, of Spain, and later liistories of all Spanish provinces and Sonth American states, Chinese volumes of eveiw description, bearing upon the history, manners, customs, and litei'ature of that remarkable people, hundreds of French and' Spanish jiovels — all poiulinglo the vei'satility of his mind, its modes oC relaxation, and to his deep interest in all the methods oi* state and society by which civilized man organizes his government, and jH'Ovides for his place in the family of nations — all indicating his training ibr practical statesmanship, and the manner in which abstractions somewhat unlitted his mind for practical politics. I have relrained from discussing the misfortunes and disap[)()intnients which fell upon your great townsman during his long and busy life — disappoint- ments and misfortunes which he sacredly laid away with his sorrows in the secret chambers of his heart, where he treasured them in silence — for they belong to the i)ast, and are not to be counted in the high ca- reei- which we have nn't to commemorate to-day. Perhaps he was not wise as this world counts wisdom, but he was loyal, honorable and honest in his deal- ings with his Ibllow-men — ^^just and generous in his estimate oftheir motives and cai)acity. He preferred to follow a friend rather than lead an enemy. His sensibility was so great that it was easier for hhn to appeal to his pride to endure and suifer silently a wrong, than it Avas to summon his courage to resent it. EXERCISES AT CITY HAI.L. 81 Before his fellow men he stood hi an attitude of lone- liness and solitude, while his obedience to his person- al friends, his devotion to their personal interest, his dependence on their counsels, revealed a deep and hidden sentiment, which his nature and his experience Avith mankind led him to conceal in his profoundest depths. Less and less as time went on did he seek the companionship ormen; but he drew closer and closer to his native town ; he turned with warmer longing to his home; he be(;ame gentler among his friends, more attractive in his intercourse, keener in his enjoyment of every manifestation of the good qualities of the mind and heart in young and old. In this ancient place he found his peace — here among the memories of the past, the shadows offomilar faces, the charms of the landscape, the river, the sea, upon which his eye rested in his childhood — here where he was known as your illustrious son — here Avhei-e he al- ways found sympathetic silence for his disa^Dpoint- ments and "joy for his fortune," And so here, as I have already said, a long life, not I think thoroughly understood, not thoroughly appreciated, perhaps not thoroughly fortunate, has closed, — happy at least in its ending — a life in which — " The busy day, the peaceful night, Unfelt, uncounted, glided by. His IVame was firm, his powers were bright Though now his eightieth year was nigh. Tlien witli no fiery, throl)biug pain, No cold gradations of deca}', Death broke at once the vital chain. And freed his soul the nearest way." 82 MEMOKIAT. OF CALEB GUSHING. After the eulogy the choir accompanied by the or- chestra i-ciukM-ed " lTai)i)y and Blest are They/' from the oratorio of St. Paul. Mayor Currier then said: — Ladles and Gentlemen:— Md^wy \^itQY^ have been received from gentlemen who are unable to be ])resent here to-day, but, owing to the lateness of the hour, I will read but one of them. The letter received (rom lion. Hamilton Fish of New York, which may be found among those se- lected for ])ublication, was then read. The Kev. Sjmiuel J. Spalding D. ]). of ISTewbury- port then i)ronounce(l the benediction and the audience quietly dispersed. At the close of the exercises in City Hall, the in- vited guests proceeded to the residence of Mayor CurriiT, on TTigh street, where a substantial enter- tainment awaited them. The house was appropriate- ly decorated, and the (iermania Orchestra enlivened the occasion Avitli some of their best nmsical selec- tions. The othcers and members of the Cushing Guard who Avere present at the memorial services in City ITall, marched to tlie New Burial Ground with arms reversed and muttle drum beating, and deposited on the grave of Caleb Cushing a wreath of ivy, autumn leaves, smilax, white innnortelles and Mai-shal O^JNeil roses with the monogram ''C. G." of purple immor- telles in the centre, and thus brought to a fitting close the impressive ceremonies of the day. LETTERS FROM INVITED GUESTS. The following letters have been selected for pul> lication from those received in answer to the invi- tation to attend the Memorial Services in commemo- ration of the life of Caleb Cashing. from the governor of massachusetts. Commonwealth of Massachusetts, ~) Executive Department, V Boston, September 24, 1879. ) Hon. John J. Currier, Mayor oj Nexvhuryport. His Excellenc}', the Governor, directs me to express his regret that a prior engagement will prevent his attendance at the service in Newburyport, October 8th, in commemoration of the life and character of the late Hon. Caleb Cashing. Your obed't servant, William M. Olin, Private Secretary. FROM the LIEUT. -governor OF MASSACHUSETTS. September 22, 1879. Hon. John J. Currier, Mayor of Neicburyport. My dear sir: — If possible I shall be happj- to accept jour kind invitation for the 8th of October, for which please accept my thanks. ' I am Very respectfully j^ours, John D. Long. 84 MEMOKIAL OF CALEB GUSHING. FKOIM THE SrKAKKU ()!• JIASSAOIIUSKTTS HOUSE OF REPRESENTATIVES. lion. John J. Currier, Mayor of Neii'hurijporf. l)^..„• Sir:— Youl- kind invitation to attend the services in eoni- inenioralion ol" the hile lion. Calel) ( 'iisliiiiii- is at liand, and you have niv hearty thanks lor llu' same. I re«iret, however, that absence IVoni the state will compel me to decline bcin<2; present. Kespectrully yours, Levi C. Wade. FROM THE CHIEF-JUSTICE OF THE SUPREME .lUDTCIAL COURT OF MASS. Boston, October 4, 1879. lion. John J. Currier, Mayor of Neivhuryport. Chief-Justice Gray very nnich regrets to lind himself compelled, by imperative engaii-ements elsewlu're, to decline the courteous invi- tation of the city council of Newburyport to be present at the me- morial service on \Nednesd;iv next. FROM ASSOCIATE-.H'STICE MORTON OF THE SUPREME COURT. Andovek, September 2G, 1879. Hon. John J. Currier, Mayor of Xewhuryport. I\Iy dear sir: — It gives me plt'asuiv tlinl I ;im able to show my respect for the late Ciileli Cushing by accepting your invitation to be present at the memorial service to be given in his honor on the 8th of October. Very truly yours, Marcus Morton. FROM ASS<»CIATE-JUSTICE AMES OF THE SUPREME COURT. liiiooKLiNE, September 27, 1879. Hon. John J. Currier, J\[ayor of Newburyport. Dear Sir: — My engagements are such that 1 shall not be able to attend the memorial servici" in connnemoration of the services of LETTERS EllOM INVITED GUESTS. 85 your distinguished townsman, the late Hon. Caleb Gushing. With many thanks for your kind invitation, I am respectfully yours, Seth Ames. FROM SENATOR FRENCH OF THE THIRD DISTRICT. "RocKLAWN," Bay View, September 22, 1872. His Honor, Mayor Currier, Newhuryport. Dear Sir : — I have the honor to be in receipt of your polite invi- tation to attend a memorial service in honor of the late Caleb Cush- ing, on Wednesday, October 8th. It will afford me much pleasure to attend. I am very truly yours, &c., Jonas H. French, from the attorney-general of the united states. Department of Justice, ) Washington, September 18th, 1879. f Hon. John J. Currier, 3Iayor of Newhuryport. Dear Sir : — I am much obliged by an invitation of the city authorities of Newburyport to ])e present at the memorial service in commemoration of the life and character of the late Honorable Caleb Cushing, and regret extremely that my engagements are such that I am compelled to decline the honor of uniting with the citizens of Newburyport in the last interesting tribute to be paid their distinguished fellow-citizen. Your obed't servant, Charles Devens. FROM EX-SECRETARY OF STATE, HON. HAMILTON FISH. Glenclyffe, Garrison's P. O. ) Putnam County, N. Y., October 3, 1879, | Hon. John J. Currier, Mayor of Neivhuryport. Dear Sir : — I regret my inability to accept the invitation kindly 86 MEMORIAL OF CALEB CUSHING. extended to me to attend the memorial service in commemoration of tlie life and character of the late Mr. dishing. TroU lie as Massachusetts has been of great men, great scholars, and great statesmen, she lias procUu-ed few, if any, who in breadth of genius, or in extent of le:irning. research, scholarship or states- nmnsiiii), liave surpassed or equalled JMr. Cnsliing. To hhn the nation owes nuu'h. Selected fen- the purpose by another of Massa- ehusetts' great men, lie opeui'd the relations of this country with that vast Eastern Emi)ire whose civilization dates back so many centuries, that it had couu' to regard as barbarians all outside its limits. To him as the leading counsel before the Tribunal at CJeneva, the eounti'y is iu(lei)te(l for the (•omi)i'ehensil)le ])resentation of its case, resulting in the verdict there obtained. Ilis studies extended be3'ond the range of the nuuiici|)al laws of his own country : — his knowledge of the law of nations and his familiarity with the languages, the literature and the institutions of other countries, enabled him to hold intercourse with, and to impress himself, and the points, and the logic of the American case, u[)ou those to whom the English language was not I'amiliai'. His argument before the Tribunal, it was. which. delivercMl in a language undei'stood by and familiar to each of tlie arbitrators, especially the three not named by either of the parties litigant, brought the law and the facts on which rested the American case to the intelligence of the entire court. For this, as for his many otlu'r great services, 1 join most cordially with you in the tril)ute of honor — high honor — to the memory of Caleb Cushing. With nmch respect, Your ob't servant, Hamilton Fish, FROM THE PRESIDENT OF THE MASS. IIISTORIOAL SOCIETY. Brookline, jNIass., October 4, 1879. Ho7i. John J. Currier, Mayor of Newburi/jiorf. My dear sir : — I have ventured to posti)on(> an}' answer to your LETTERS EKOM INVITED GUI^STS. 87 obliging invitation, until I could see my way clear to accepting it. I regret now on my return from New York, to be compelled to abandon the idea of l)eing present at the memorial ser\'ice on Wed- nesday next. My old relations to 30ur late most distinguished statesman, in Congress and elsewhere, would have made this occa- sion pecuUarly interesting to me ; but an imperative engagment, of a somewhat public character, leaves me no alternative, and I can only offer you my grateful acknowledgements of the invitation, with sincere wishes that the ser\ice may be worthy of the subject, and of the city of which he was so long the pride. Believe me, Dear Mr. Mayor, Respectfully and truly yours, Robert C. Winthkop. from the president of harvard college. Harvard University, Cambridge, Mass., Sept. 24th, 1879. Hon. John J. Currier, Mayor of Neivhuryport. President Elliot regrets that on account of a stated meeting of the Board of Overseers of the University on Wednesday, Oct. 8th, at 11 a. m., he will be unable to attend the services in commemora- tion of Caleb Cushing at Newburyport. He also regrets his inal)il- ity to accept the Mayor's very polite invitation for the same day. FROM A COLLEGE CLASSMATE. Lowell, Mass., Oct. 7th, 1879. Hon. John J. Currier, Mayor of Newburyport. Dear Sir :— I am sincerely grateful to you for the opportunity of witnessing and joining in doing honor to the memory of your dis- tinguished townsman, Hon. Caleb Cushing. I am indebted probably for this honor to the fact that I am a hum])le member of the Harvard class of 1817. It is often said a person had for classmates distin- guished men, as if it was a distinction of his own acquiring, while, 88 MEMORIAL OF CALEB GUSHING. in truth it is wlu^Hv tu^cidcMital. In some respects this class has heen reniark:il»le. Eighty-one entered the ehxss and sixty-seven gradua- ted, of whom to-day, sixty-two years since their graduation, nine- teen are living. luid all would doul)tless have liouored your invitation by their presence, had not age and its consequences forbidden. The class has I'ui-nished Clergymen lifteen, li^-e of whom have the degree of S. T. D., Physicians nine, Lawyers thirteen. Tutors in College six, Secretary of Navy one, U. S. Minister to England one. Judge of Supreme Court of II. S. one, Attorney-General of U. S. one, Members of Congress three. Ambassador Extraordinary to Spain one. Treasurer of Harvard College one, College Professors two, Presi(U'nt oi' lirowu University one, l^resident of American Antiquarian Society one. Mayor of Boston one, Ma^'or of Cam- liridge one. The class ceU'brated tlie sixtieth anniversary of its graduation -June 2()th, 1.S77, and fourteen were present; all took part Mud enjoyed a full ll(»w of spirited and interesting discussion, whicli was their hist oi)porliuiit.y of listening to the eloquence of Mr. Cushing who ni'ver a|)peared to better advnntage and charmed us all. Sylvnnus I). Mitchell of Boston was detained by accident, and Kev. Sti'phen II. Tyng I). I), of New York detained by sick- ness scut a cordial and beautiful letter. The average age of this company was eighty-one years. IvespectfuUy yours, John O. Gkeen, M. D. fkom a college classmate. 103 West Si'ringfield Street, Boston, October 1, 1879. Hon. John J. Currier, J^fai/or of Neivburt/porl. Dear Sir: — 1 wish gratefully to :K-knowledge the courtesy ex- teudvil to me liy you. as the mnniciital head of your city, inviting me to attend the memorial service in honor of your late distin- guished fellow citizen, Caleb Cushing. It will give mv pleasure, as one of the few survivors of the Har- vard class of 1817, to be present at the service in honor of him, LETTEltS FROM INVITED GUESTS. 89 though it is true that, as far as I am personally concerned, "the divinit}' that shapes " our course in life has led him and myself in such divei-gent paths that since our graduation we have rarely met. His erniiKMit inU'llcctual ability, his varied scholarship, his dis- tinction as a jurist, and of late years his services to his country in its foreign iclations, are well known to everybody, and, of course, have been recognized and watched with interest by his classmates. His frank :ind courteous greeting wlien we did occasionally meet, it was always a pleasure to encounter. As the numbers of the class dwindle, the survivors naturally gather closer together, abiding the time of their own departure, while recalling the memories of the departed, and the distinctions arrived at l)y them in their earthly career. 1 hope to be with you at the time appointed. Very respectfully, Your friend and servant, Robert F. Wallcut. FROM ONE OF THE SELECTMEN OF SALISBURY. Salisbury, Mass., Oct. 4, 1879. Hon. John J. Currier, Mayor of Newhuryport. Dear Sir : — In the early records of this town frecpiently occurs the name of Caleb Cushing. First, "Rev. Caleb Cushing" — "Hon. Cnlcl) Cushing," as a delegate to the Congress at Watertown — "Caleb Cushing," town clerk — "Caleb Cushing," clerk of the first pai-ish church — " Calel) Cushing," "Committee of Conference in the Revolutionar}- period," &c., and last we have the record of the l)irth of Caleb Chishing, who, at the age of two years, made New- huryport his home, and honored her with the lecord of his public Hfe. I accept with pleasuri; your invitation to be present at the memo- rial service in commemoration of his life and character. Very respectfully yours, W. H. B. Currier. 12 90 MEMORIAL OF CALEB GUSHING. iriU)M nU)l.KS.S()lt WILLIAMS OK YALE OOLLEGK, INTEIII'UETER FOR MR. CUSIIING IN CHINA. New Haven, ScpU'inl.cr 191h, 1.S79. lion. John J. Currier, Mayor of Newhirijport. Dj.ji,. Sir :— 1 l)c'g to return my sincere thanks for the polite invi- tation which yon liave sent nie to attend and join in tlie memorial service ior Mr. ('usliint>-. on the 8th prox. The city of Newbury- port (U>es lierseir lionor in thus recoiiiiizino' and setting forth the character and services of licr disjinuuislied son. who has written his name in tiie annals of llie lu'puhlic in so many ways and excelled in such diverse lines. In seudini;- this note of n-grct that I shall be uual)le to attend, T add the wish that the occasion may succeed according to your high- est anticipation. Believe me Sir, Y'ours respectfully, 8. Wells Williams. KUOM 1H>N. OHAKLES LEVI WOODUUKY OE I50ST0N. Boston, October 1, 1870. Hon. John J. Currier, Maf/nr of Newbtiryport. Sir : — It will give me nmch i)leasare to accept your kind invita- tion to be present at the memorial services in commemoration of your illustrious townsman, (ieucral Cnshiug. From the time of his I'otiuu from China 1 have had much friendly intercourse with Gen- eral Cushing, and observed with admiration his vast and varii'd ac- (|uirements, the facility with which he wielded them, the extraordi- nary vigor of his mind, and the energy and industry of liis habits, lie was not reticent in conversation; his store of knowledge was free to those who sought it. I regard as one of tlu' most pleasing and impressive incidents in his political career the warm alfection and esteem he received from the citizens of Xewburyport. With- out regai-d to party politics, time and again, Ihey sent him to the legislature, because they l)elieved his I'xpi'rience, judgment and LETTERS FROM INVITED GUESTS. 91 knowledge were more important qualifications tlian his political afiiliations. It is iionorable to theii- independence and dignity, as it also is creditable to his uprightness and integrity, that such rare evidence of good citizenship on the part of constituents and of agent should l)e furnished by Newburyport. Although the prestige of his services in connection with the general government overshad- ows this mori' local incident, yet I trust that neither the memory of these facts nor of his great usefulness in the state legislation will be lost. I am very truly yours, Charles Levi Woodbury. FROM EX-CHIEF-.rUSTICE GUSHING OF NEW HAMPSHIRE. Charlestown, N. H., October 4, 1879. Hon. John J. Currier, Mayor oj Neivhuryport. Dear Sir : — Your favor, enclosing an invitation to be present at the memorial services in commemoration of the life and character of Mr. Cushtng, came duly to hand. I regret that my professional engagements will prevent my acceptiug your invitation to be pres- ent. I regret this the more because my family is perched on a re- mote branch of the same genealogical tree as the late Mr. Caleb Cushing, a fact which increases my interest in the occasion. Very respectfully, Your obedient servant, E. L. Cushing. EROM REV. S. K. LOTHROP, D. D.. OF BOSTON. Boston, September 30, 1879. Hon. John J. Currier, Mayor of Newhurijport. Dear Sir : — I accept with much pleasure the invitation with which I have been hmiored by the city council of Newburyport, to attend the memorial service in commemoration of the life and char- acter of the late Hon. Caleb Cushing. 1 luive known Mr. Cuslung ibi- more than sixty years, and at times had opportunity for much 92 MEMORIAL OF CALEB GUSHING. intercourse with him. I heard Mr. Webster say once, in speaking of his ability and wonderrul powers of acquiring knowledge, that Mr. Cusliing had not been six weeks in Congress before he was ac- knowledged to l)e tlie highest authority on wliiit had been the legis- lation of Congress upon any given subject. No man could tell so instantly what had been the action of the government in i-elation to any matter as Mr. Cushing. I shall be luippy to share in the honor shown to his talents and his public services. Very respectfully yours, S. K. LOTHROP. FROM rUKSIDKNT OF ^'KW ENCil.ANO IIISTORIC-GKNEAI.O(iI('AI- SOCIETY. Ho7t. John J. Cnrrii'.r, Mai/nr of Newhuryport. UosToN, September "2(>, 1879. My Dear Sir: — 1 sliould be most happy to i)articipate in the memorial services in honor of the late Calcl) Cushing, LL. 1)., but I am not sulliciently reeovered from the accident which Vx'fel me last spring as to do so. With many thanks for youi' kind invita- tion, I am Most res})ectfully yours, Maksiiai.i. p. Wilder. FROM (JICXERAL DAVIS OF PENNSYLVANIA. DOYLESTOWN, Pa . . Sept. 20. 1879. Hon. John J. Currier, Mayor of Newhuryport. Dear Sir: — J am grcMtly obliged for your invitation to attend the Cushing memorial services on the 8th prox. Nothing but the most positive engagement will prevent me being present on that interest- ing occasion. I served on General Cushing's statf during the Mex- can war. and had great respect for him. T was with him at New- buryport in the winter of 184(;-47, when he liad a pul)lie reception. I remain Yours respectfully, W. H. II. Davis. LETTEKS FROM INVITED GUESTS. 93 FROM THR CLEHK OF THE U. S. SUPREME COURT. Washington, D. C, October 0th 1879. Hon. John J. Currier, Mayor of Newhuryport. Dear Sir : — I regret very much tliat urgent business and feeble health constrains me to decline your kind invitation to attend the memorial service in connnemoration of the life and character of the late Caleb Gushing. Very truly yours, D. W. MlDDLETON. FROM BISHOP CLARK OF RHODE ISLAND. BoNLEDGE, Warwick Neck, K. I., Sept, 18, 1879. Hon. John J. Currier, Mayor of Newhuryport. Dear Sir :— I regret to say that another engagement prevents me from accepting your polite invitation to attend the memorial service on Wednesday next. Very truly yours, Thomas M. Clark. FROM HON. GEORGE LUNT OF SCITUATB, MASS. SciTUATE, Mass., Oct. 6, 1879, Hon. John J. Currier, Mayor of NevJmryport. Dear Sir : — You must not impute it to any incivility that I have not heretofore replied to the invitation to attend the observance of the obsequies of Caleb Cushing. In fact, 1 have been ill enough to make it still inexpedient for me to Ijc absent from home, though now considerably better. With my best wishes for the success of the celebration, I remain Yours very truly, George Lunt. FROM patten SARGENT ESQ. OF MERRIMAC. Merrimacport, Mass., Oct. 4, 1879, Hon. John J. Currier, Mayor of Newhuryport. Dear Sir : — I accept with pleasure the kind invitation to attend the memorial services in honor of the late Caleb Cushing. I liave 94 MEMORIAL OF CALEB GUSHING. felt great respect for him for OA-er fifty years, when I first knew him as a candidate for representative for Congress, in which he had my hearty support till elected. 1 am now over 86 years old. Very respectfully yours, Patten Sakgent. FROM H. H. OHEKVEIJ ESQ. OP WRENTHAM, MASS. Wrentham, Oct, 6, 1879, Hon. John J. Currier, Mayor of Neivburyport. Dear Sir : — 1 have the honor to acknowledge the receipt of your kind invitation to join in the memorial services to the late Caleb Cushing on the 8th inst. I regret to say that my delicate health prevents me from joining in these interesting services ; interesting especially to me whose good fortune it was to have met Mr. Cush- ing at Washington in 1840, and to have known him perhaps more intimately, socially, politically, and in business affairs, than an}' other person, which intimacy continued through all his varied and most eventful life up the time of his death. In a most active life in Washington during all these years, both in public and private, I have been associated intimately with the leading men of all par- ties, the makers as well as the executors of the laws, and I can with entire truth say I have never met so learned a man as Caleb Cushing. He was called upon by the highest official, as well as the humblest citizen, and was a cheerful dispenser of knowledge. I well remember that Mr. Sumner, a few months before his death, referring to my long and intimate relations with Mr. Cushing, said, •'he had never met at home or abroad, with any one so full of knowledge as Caleb Cushing." With thanks for your invitation, I am with great respect, Your obedient servant, B. H. Cheever. KROM ALEX Y. \\ GARNETT ESQ. OF WASHINGTON, D. C. Hon. John J. Currier. Mayor of Newbury port. Washington, D. C., October 6, 1879. Dear Sir :— Your favor of the 3d inst. inclosing an invitation to your residence upon the occasion of the memorial services to be LETTERS FROM INVITED GUESTS. 95 held in honor of the late Mr. Caleb dishing, has been received. I regret to say that imperative engagements here will compel me to forego the pleasure of being present at that time and witnessing ceremonies which could not fail to inspire me with the deepest in- terest. It affords me no little gratification, my dear sir, to witness this demonstration on the part of the citizens of Newburyport, evi- dencing as it does, an appreciation and respect for those estimable qualities of mind and heart illustrated in the career of our late illus- trious friend, so strikingly in contrast with the demoralized and vitiated taste which characterizes the present epoch of our national existence. The man who can impress his posthumous memory upon the minds of the public, either h\ his superior wisdom, exalted patriot- ism, spotless character or universal philanthropy, through one dec- ade of the present age, is as much an object of wonder as of ad- miration. The au)'i sacra fames which overshadows all other ele- ments of human character in the present day, with its attendant train of licentiousness and irreverence, recognizes none but the liv- ing. The very fanes of our ancestors have been invaded and ruth- lessly despoiled of their sacred relics and cherished mementoes of patriotism and moral excellence. The memory of Washingion himself is no longer respected, but daily held up to ridicule by the public press. Even death invests the memory of a public man with no sanctity which can secure him an immunity from the ridicule and calumny of a vulgar and depraved public taste; surel}' "the evil that men do lives after them. The good is often interred with their bones." Viewed from this standpoint, I repeat that the ceremonial to which you have so kindly invited me, is peculiarly grateful to my feeUngs as a friend and admirer of Mr. Cushing. I enjoyed unus- ual opportunities of forming a correct estimate of his character in all of its aspects, and still mourn the loss of a true and steadfast friend, an instructive and cultivated companion, and a wise and useful fellow-citizen. Very truly and respectfully, Alex Y. P. Gabnett. 96 MKMOIUAr; OV CALEB OUSUING. I'ltOM IIKNKV WISK (lAlfNK'IT KSi.}. <>K W ASlllNCi'ION , 1>. C. lion. John J. Currier, Maijor of Newhuryport. WAsiiiNdTON, Oct. C, 1H7!). 1),.;,,. Sir: - 1 take plcasiiiv in Mckii()\vl('(lo-in<2; your iiiviUtion to I..' prcsciil at tiif iiKMiK.rial scrvicf In 1h> held in honor of our l:i- mi'uU'd rcll()\v-<'ili/.fii and tViciid. Hon. Caleb ( 'iisliiiio-. It would fiivo WW or,>at pleasure to aeeepi the invitation, and he one of those asstMuhled to do iionor to the meniorv of m son of whom your city may well l>e pioud, and hoping that it would he in my power to 1)0 present, I ha\c |)()stponed answei'in^' your eai'd until now; when llnding- that 1 shall he unai)le to leavi' tliis city, 1 am eoinpeUod to roLiretfuUv deelin*' ; in so doini;-, however, let me assure you, and throngh you the ( ouneil of your city, of my hiii,h :ipi)reci:ition of \(>ur and their eourtrsy in plaeine; me amon<>- the friends of lion. Caleh Cushing, hy the invitation, and my full symi>alhy with and desire of purtici|)ation in all honor to his nuiuiory. With the warmest sentiments of esteem, 1 am, my lU'ar sir. Yours very truly, IIenky Wisk (tAUNETT. KUOM KKV. AlA)N/.0 11. QUINT 1>. I). OK DOVKK, N. 11. Boston, Mass., Oct. C, 1879. Hon. John J. Currier, Mayor of Newhuryport. Dear Sir: — 1 at'knowledge the kind courtesy of an invitation to tlie memorial st'rviee in honor of lion. ('alel> ('ushin<;'. I extreme- ly reu'ivt that my al)sen(H' from Dovi-r prevented my rei-eiving the invitation until to-day. and 1 he^ vou to t'xeuse the apparent delay in reply. I aeee[)t the invitation with ii;ratitnde, and with sincere respect for the nu'mory of the distiiiLiiiished man whom tin- city ;ind nation honor. \'ery respectfully yours, Alonzo H. Quint. 2i LETTERS EROM INVITED GUESTS. 97 FROM >rK. .lAMKS WOUMI.KY OK WASHINGTON, 1). C. His Honor, Mayor Chwrier, Newhuryport. Washington, Oct. 6, 1870. DcMi- Sir : — I lime icccivcd \ our kiinl invitation to bo proBCMit at a memorial scrNicc in (•onim('m()ra1i<;n ol' the life and ciiaracter of the laic Hon. Caleb Ciisliing LL. I). I rocted by a large majority. "Mr. Cushing returned from Mexico in July. Ib-l.'^. and on his arrival in Xewburyport was greeted l)v a large number of his felknv citizens, and with a salute of one hundred guns. A week later he made a speech in Market Hall, giving his views of the late war and its results. In the autunm he was again nominated b^' the Demot-ratic State Convention for governor of tlu' Connnonwt'alth. -Vt that time no popularity, and no civil or military distinction I'ould elevate a Democrat to the gubernat(n-ial ollice of iNIassachu- setts. In 1851 he was representative to the General Coui't, and took a leading part in the legislation of that year. While there he pro- cured the charter giving Newburyport a city government. The devices on the city seal were suggi'stetl by him, and he was elected the first nuiyor. In June of the same year he was elected connnander of the Ancient and Honorable Artillery C(>mi)any of Boston, and served in that capacity one yeai". In May, 1852, Governor Boutwell appointed him Associate Jus- BIOGRAPIIICAI. SKETCH. 107 tice of the Supreme Judicial Court of Massachusetts, and he ac- cepted. When he first went to Congress, seventeen years before, he substantial!}' gave up practice of the law. Many thought this a disqualification for so responsible a judicial station : but they were surprised to find that lie showed as much familiarity with law and practice as if he had come directly from the bar. His judicial career was short — less than a year; for in March, 1853, President Pierce selected him for the place of Attorney-Gen- eral in his Cabinet, and he accepted without delay. He immediate- ly resigned his seat on the liench of the Supreme Court and entered on the duties of his new station. For a period of four 3-ears he devoted himself to the business of his oflice. The three volumes which contain his official opinions are regarded as a monument to his capacity, learning, professional attainments, and great and un- wearied industry. On his return to Newburyport in April, 1857, after four years official residence at Washington, his friends extended to him a hearty welcome. It was an occasion when all classes of citizens united to manifest their appreciation of his great public services. In response to an address of welcome he made an able and inter- esting speech which was received Avith favor and applause, Plis return to private life led him to return to his profession again. His abilities as a lawyer were now known and recognized all over the country, and his professional services were in demand, especially in matters litigated in the United States courts. In Sep- tember he opened a law office in Boston, and resumed practice of the law which he never wholly gave up during his life. The public agitation of the slavery question led him into political discussions. He was sought after from all quarters, to address public assemblies on this subject and other political questions. He made many political speeches, and wrote many letters, during the period which ended with the breaking out of the civil war. In 1858 and 1859 he was a representative to the General Court, taking an important part in the proceedings of the House. Mr. Cushing was a delegate to the National Democratic Conven- tion held at Charleston, South Carolina, in April, 1860. to nomi- nate a presidential ticket. He was elected president of the Con- vention ; and for more than a week presided over the deliberations of an excited assembl}', divided into Northern and Southern democ- racy, into Douglas and anti-Douglas parties. After balloting many days no result was reached, neither party showing the least disposi- 108 MEMORIAL OF CALEB GUSHING. tion to yield to the other. The cronveiition then adjourned to meet in Bivlthnore in June foHowhig-. The convention agiiin assembled pursuant to adjournment, and proceeded to ballot for a candidate lor president with no better result tlian before. Soon Southern delegations began to withdraw from the convention : and on the sixth day, the delegates of a ma- jority of the States of the Union, either in part or the whole, had ceased to participate in llie pi-oceedings of the convention. iMr. Cushing then made a brief speech, resigning tlie presidency of the convention, and soon after withdrew, as did fourteen others of the delegation from Massachusetts. Upon this further secession from the convention, the Douglas party prevailed, and nominated Mr. Stephen Arnold Douglas for president. The delegates that had seceeded soon met in auotiu-r hall in lial- timore and elected 3Ir. Cushing president. This convention im- mediately nominated Mr. .lohn (.'. Breckenridge for president of the United States, and dissolved. Mr. Cushing supported the nomina- tion of j\Ir. Breckem-idge, and took an active part, foi- the last time, in a jiolitical campaign. lie used every means and every argument hi his power to stay civil war, but to no purpose. The Avar having come at last, he took his position with tire North, and olfei'ed his services to Ciovernor Andre^v. They were most univindly rejected . ^Ir. Cushing continued to devote himself to his pi'ofession, still keeping a law otlice in lioston. He was representative to the Gen- eral Court in 1; Guard, held at their armory, Friday evening, Jan. .')d, 1S71), Captain David L. Withington pre- siding, the Ibllowing resolutions were adopted : NViiKKiCAs in the death of Caleb Cushing our city loses a citizen who has lionored her in the highest degree, and IVoni her deserves the highest honor in I'l'tnrn ; and WiiKKEAs in his death the Cushing (iuard losi's a lifelong friend, whose name it is our higli privilege lo i)(>rpetuate, and the militia of Newbnryport a p;ist nnMul»ernnd ollicer who claims our highest trib- ute of respect, Hksoi.vki), That this be an expression of our lieartfelt sympathy to liis relatives in the sudden loss of onv who though full of years yet l)romise(l long to remain in (he (piiet enjoyment of the family cir- cle after a life-absence in tiie pursuits of public atlairs. Rksolvki). That in the event of a i)nblic funeral the company tender their services as escort if desired. Kksolved, That a copy of these resolutions l)e forwarded to the family of the deceased, :ind entered on the records of the company. The conipau}' also voted to havi' tiieu' armory draped in mourn- ing on the day of the funeral. PROCEEDINGS IN THE GENERAL COURT. In the House of Representatives on January 3, 1879, Hon. John I. Baker of Beverly, announcing the death of the late Hon. Caleb Gushing, said : — Mr. Speaker: — An American statesman is dead. Caleb Cushing, one of the most distinguished of the many distinguished sons of old Essex, is no more. But the record of a memorable life remains as a part of the history of his state and country. His great industry, learning, and patriotism enabled him to render most valued public service, ))otli at home and abroad, and that often in some of the most critical periods of our history. Beginning the record of his public life in this Hall more than half a century ago, and continu- ing in the pnl>Uc service during all the years of a long and useful life, it seems fitting that here there should be paid a brief tril)ute to his memory. And as the senior nieml)er of this House, and a citi- zen of Essex county, who enjoyed the accpiaintance of the distin- guished dead during nearly all of his public life, I have felt called upon to offer the following i-esolution : Resolved, That the house has learned with regret of the death of the Hon. Caleb Cushing. a man whose great talent and attainments were an honor to this Connnon wealth and es})ecially to this house, of which he was often and long a member. For more than half a century his Avonderful powers were given to public work; and the representatives of the people only do tlieir duty in recognizing his devotion to their services. Judge Kussell of Boston then said : — Mr. Speaker: — I hoped that some older memljer would have followed our friend from Beverly and have spoken full}' of the abil- 114 MEMORIAL OF CALEB GUSHING. itv tuul attaiiiiiu'uts of the great inaii wlio lias departed from earth. His woiulerful powers and his vast public services are familiar to us all. But I would rather say a \v(^rd on some jjoiuts less familiar. It is good to recall the fact that in the evil days Caleb Gushing stood on the rtoor of Congress side by side with John Quincy Adams, contending lor the insulted right of petition. Well do I recollect tlu^ glowing lines of Whittier demanding that Massachu- setts should recall them both, ''the old nuin eloquent" and the voung, from an assembly not worthy of such men. You all know that when civil war (irst threatened our country General Cushing addressed the people of his native city for poitions of three days on the wrongs inflicted upon tlu' South by the North. But it is not so well known that he started for Charleston intending to give the complement of that speech — the wrongs i-eceived by the North troni the South ; studying the things that should make for i)i'ace. It was too late lb)' that address to be delivered, but it is well to re- member to-day that Mr. Cushing had the heart to try to make it. When war actually broke out Ceneral Cusliing promptly otfered his services as a soldier. Tiie oti'er was i-efused : but no less truly did he serve his country, for the wliole inexhaustible armory of his brain was always at her service in defending her against her ene- mies at home and abroad. All departments at Washington, and especially the State department, freely received his iuv.-duable advice. It shows where he stood, that he spent one evening of every week at the house of Charles Sunnier, holding high counsel with him for the preservation of the lluion. But I would speak more esi)ecially of one of Mr. C'ushing's acts while he was Attorney-Ueneral. The Dred S<'ott tlecisiou had denied United States citizenship to coIoihhI men. As a I'onse- quence of this decision, no colored man could receive a i)ass|)ort. At this time a i)Oor and worthy citizen of Boston, Dr. John S. Rock, desired to visit Paris for a surgical operation, which the famous Louis alone was thought competent to perform. But, as Orsini had just made his attempt on tlie life of Louis Napoleon, to go to France without a passport was to (inter a French prison. Both our excellent senators tried to obtain a passport for Dr. Eock, but they tried in vain. He came to me in despair, and asked whether his life must l)e sacrificed to a wretched legal quibble. I ai)pcaled to Attorney-CTcneral Cushing, and almost by return mail he sent the passport, with a request that tlu' alfair shiuild be kept secret. And it was kept secret until it had ceased to be perilous in America THE GTBNERAL COURT. 115 to do justice and love mercy. I do not know bj- what ingenuity Mr. Cusliing obtained tlie document, but I do know that it must have been at the risk of his place in the Cabinet. You will all be glad to learn that he was great enough to run that risk for the sake of a poor, humble black man. I hope that as he lay, slowly and quietly falling into the sleep of death, he saw the face of the poor man whose life he had sought to prolong. I hope he saw another face, and that he heard a voice, saying: "Inasmuch as ye have done it unto the least of these, my brethren, ye have done it unto me." Mr. Charles J. Noyes of Boston followed Mr Russell and spoke substantially as follows : There is an old legend that above the battle-field where a great hu- man triumph has been achieved and grand deeds wrought, the souls of the dead heroes were wont to hover and to sanctify the field ; and so I think we can feel, in view of the departure of Caleb Cushing, and standing in this chamber, so often dignified and ennobled by his presence and his work, that the soul of Calel) Cushing might well this morning be hovering over our heads calling upon us to do grand work for this Commonwealth, upon whose escutcheon his fame and his name have shed so imperishal)le a glory. Coming, Mr. Speaker, from tlie county to wliieli lie belongs, upon whose soil I am proud to say I was cradled, I feel it impossible for me to sit silent at this time and permit this resolution to i)ass through the House witliout giving it my second. A nation is apt to send its best men into tlie world ; it is apt in sending to other nations messengers of mercy, bearers of glad tidings, or for the achievement of great service, it is apt to send its best men. Often has it been the good fortune of this nation to send Caleb Cushing across the water as a messenger from America ; and to him, Mr. Speaker, belongs the proud distinction that, sent to the people that live by the gateway of the day, he achieved that first triumph, by virtue and by force of which the Chinese wall was broken down and commercial relations commenced betw(>en that people and ourselves ; and from that time to tliis he has contributed in every department of learning, of sci- ence, and of statesmanship, such grand results, that, marching to the victor's crown, he bore in his arms most glorious sheaves. The resolution was then unanimously adopted and the house ad- journed. PROCEEDINGS OF MASS. HISTOEICAL SOCIETY. JANUARY MEETING, 1879. The stated monthly ineetuig was held on Thursday, the 9th instant, at 11 o'clock a.m. : the President, the Hon. Robert C. Winthi-op, in the chair. The President announced the death of two Resident Members and one Honorary Menilier, and said : — In turning to announce the death of the Hon. Caleb Cushing, J ma}' not forget that he, too, was counted among the lineal or col- lateral relations of our celeljrated Boston minister. John Cotton, and that it was by the hand of our lamented associate, Mr. Brooks, that he presented to our archives, a few years ago. a nuinuscript volume, illustrating the Cotton Family, which had been elaborately prepared, at his instance, and at his expense, by his friend the late Mr. Somerby. The volume is on our table this morning, and will henceforth l)e associated with the menKuy of two of our number, whose deaths have l>een so nearly coincident. Of Mr. Cushing's career it will be ditlicult for me to speak satis- factorily within the narrow compass of remark which Ijetits such an occasion as the present. He had held so many public otlices, and labored in so many diversified lields. that nothing brief or summary could do liim any sort of justice. A graduate of Harvard University witii higli rank at the early age of seventeen, in a class which included not a few celebrities among the living as well as among the dead, he was allowed l)ut six or seven years in the study and practice of the law before being called to enter the Legislature of Massachusetts as a Representa- MASSACHUSETTS HISTORICAL SOCIETY. 117 tive from Newbun^jort. The very next year, 1826. saw him a Senator of our Commonwealth at twent^'-six years of age. From that tune to this he has been a public character, often in high official station, and hardl}' ever without some direct or indirect relation to public affairs. As a representative in Congress for four terms ; as the first Mayor of Newburyport, after it became a city ; as one of the jus- tices of the Supreme Court of Massachusetts for at least a year ; as Attorney-General of the United States for four years ; as Com- missioner to the Celestial Empire, in which capacity he signed the first treaty between the United States and the Emperor of China ; as one of the counsel of the United States at the great Geneva Arbitration ; as Minister Plenipotentiary to Spain ; and as again and again a member of our State Legislature, — a position to which he seemed never reluctant to return in the intervals of other em- ployments, — in these and other ways he has certainly gone through as great a variety of responsible and conspicuous public service as has ever, I think, fallen to the lot of a Massachusetts man. But not even this enumeration comprises all the labors and ser- vices, official and unoffficial, which he undertook and discharged. He had an earh' passion for militar}" studies and pursuits ; and on the breaking out of the war with Mexico, in 1846, he found at last an opportunit}^ to gratif}^ this passion and turn these studies to account. He raised a regiment of volunteers, and equipped it mainl}^ at his own expense. I remember receiving a letter from him at that time, — while I was in Congress myself, and when I had happily succeeded in carrying through an appropriation for compensating his services in China, — in which, after thanking me warmly for my efforts in his behalf, he added, "The money will come quite seasonably', as m^- regiment is making a great gap of upwards of $5,000 in my peeuliiun." He served in Mexico to the end of the war, and came home with the rank of Brigadier-General. It is well known that he offered to undertake the raising of another regiment for the defence of the Union in 1861. That oflfer, however, being rejected bv Governor Andrew, he betook himself, not long afterwards, to Washington, where he found ample occupa- tion in the civil service of the country, in connection with more tlian one of the Departments of Government. I have said enough to give a vivid impression of the many-sided and marvellous capacity' for work, which was the preeminent char- acteristic of Mr. Cushing. He was, indeed, a man of wonderful 118 MEMORIAL OF CALEB GUSHING. vorsutility, of pro(liji;ious intellectual and physical enrlurance and energy ; with no taste for recreation, no wiUingness for rest, and who seemed to iind a positive Inxury in every fresh field of labor which was opened to him. 1 cannot forget that of the twelve membei's of the House of Rep- resentatives of the United States from Massachusetts, when I first entered Congress in December, 1840, the death of Mr. Cushing leaves me the only survivor. There were John Quincy Adams, Levi Lincoln, Leverett Saltonstall, George N. Briggs, of Berkshire, and John Reed, of Yarmouth, with others hardly less notable. Webster and John Davis were in the Senate. A more distin- guished delegation neither Massachusetts nor any other State has ever sent to Washington, before or since. I was thus associated with Mr. Gushing, at Washington, as a colleague and a friend, for several successive years, and was in the way of observing closely his peculiar qualities as a debater and a statesman. Dittering from him far more frequeiitly than I could agree with him. :ind by no means prejudiced in his favor, 1 was tdl the more trustworthy witness to his varied ability, his A'ast acquire- ments, his unwearied application, and his force and skill as a Avriter and speaker. Nor would I forget the many amiable traits of char- acter which prevented differences of opinion or of party from sun- dering the ties of social intercourse. He knew how to abandon a pohcy, or (piit a party, without quarreling with those wh(mi he left behind. And so 1 can speak of him, and remember him to-day, as a friend. ^Ir. Gushing was ele(;ted a member of this Society in 1859. He had written in his y(nith a History of Newliuryport, a volume or tw^o of Reminiscences of Spain, and an elaborate Review of the influen- ces of the Three Days' Revolution in France. But. in later years, lie was too busy, and too often absent from home, to take any part in our historical work, or even to attend our meetings. His name was added to our roll as the name of one who had himself become Historical, and who had played a distinguished part for half a centu- ry in the atfairs of our Gonunonwealth and Country. — as an em- inent scholar, a powerful writer, an accomplished diplomatist and jurist. Dying on the verge of his seventy-ninth yeav, he leaves the records of a crowded life to l)e studied by some future biographer. Jt only remains for me to submit in Itehalf of the council of the society, the customary resolutions : — Resolved^ That the Massachusetts Historical Society have heard MASSACHUSETTS HISTORICAL SOCIETY. 119 with deep regret the anuouncement of the deaths of the Hon. Caleb Cushmg and William G. Brooks, Esq., *and that the President be requested to appoint two of our associates to prepare Memoirs of them for some future volume of our Proeeedings.f The President called first upon Mr. George B. Emerson a mem- ber with Mr. Gushing of the Class of 1817, who spoke substantially as follows : — As I had the good fortune of being intimately -loquainted with Mr. Cushing from the time when we entered college together in 181,3 until his election as one of the representatives of Massachu- setts in Congress in 1835, it is perhaps natural that you should ask me to say a few words in memory of those early days. Mr. Cushing was in scholarship the most distinguished member of our class. After graduation, he was for several years a faithful tutor in the College, and during all this time it was my privilege to see him constantly. We had, I remember, a common place of ex- ercise in Professor Everett's garden. T recall, too, with great de- light, a vacation spent in Cambridge, in company with four other friends, at the end of our Junior year. We met for breakfast, then separated for our several studies, coming together again at the noon dinner. Many afternoons were spent in long walks. We made the acquaintance of all the plants within a radius of several miles from the College. And at night we studied the heavens together, learn- ing nearly all the constellations then visible. Of all these Mr. Cush- ing retained for many years an almost perfect knowledge. Nor did he neglect or forget our botanical studies. His collection of plants, which I had the pleasure of seeing only a few years ago, was one of the best ever made in Essex County, or indeed in the State. Mr. Cushing had a marvellous facility for acquiring languages, and knew many, some uncommon ones, well. It is said that his ac- quaintance with the Tartar langague was so perfect that during all his residence in China as the representative of our government the services of the interpreter were not once needed. He was an om- nivorous reader, devouring books in all languages ; and he never forgot what he had once read. My memory brings back to me many agreealile recollections of *\Villiam G. Brooks Esq, a resident member, died January, (5, 1879. tAt the stated meeting of tlie Society held in February, President Win- throp appointed Charles W. Tuttle Esq. of Boston to prepare the Memoir oj Mr. Cushing. 120 MEMORIAL OF CALEB GUSHING. my friend, ono of tlic most cultivated and afeomi)lislKMl talkers that ever lived. For three years of our ('ambridge life, the Sunday eve- nings of each week were sjjent in President Kirkland's parlor, where with hiseliarming family and Mr. Everett the time was pass- ed Willi great pleasun; and i)rofit. The President tlieii called upon Mr. Charles W. Tuttle, Esq. of Boston, who said :— 1 knew the late Caleb Cashing too well, and 1 revere his name Mixl nu'inory too highly, to venture to si)eak of him without studied preparation. Ills charactei' and his career are too illustrious for brief and indiscriminate eulogy. I cannot, however, on this solemn occasion, when we have paused in our labors to pay the customary tribute of respect to the memory of our venerable associate, the gi-eat and highly gilted statesman, so recently gathered to his fath- ers, refrain from giving some leminiscences of him. I do not I'ememlxT that I ever heard of the late Mr. Cusliing lu'lbre he was selected for th.e memoral)Ie dij-'loinatic mission to China, about thirty-five years ago. I was then a mere youth, and resided in New Ihunijshire. Suddi'nly. as it now seems to me. his nanu' was in every ucwspa[)er and in e\ei'v housi'liold in the town, uttei-ly extiugiiishiug the already waning excitement occasioned by the great comet and the delusive pro[)hecy of the end of the world. All tongues weic speaking of the novelty and magnitude of his foreign mission ; and of his great and various learning, unsurpassed eloquence, line address, and distinguished personal ai)pearance. 1 very well icm.'miji'r the |)ride witii whit-h s(jrne persons ivlated in- stances of having seen him and lu-ard liim speak on public occa- sions. From what was then said of him, 1 was prepared to see a \*'ry remarUaitle man. wheni-vt'r that might be. Fifteen years elapsed l)et"ore 1 had the pleasure of nu'cting INIr. Cnshing. They were the most menioralile years of his whole public life. During this period, he had .achieved distinction in diplomacy, in war. in high judicial ollice. and in the Cabinet of I'resident Pierce. Wlu'n he returned from Washington where he had been during four years in the cai)acity of Attorney-( ieneral of thi' Cnited States, I liad Just iH'gun my pi'ofessional can-er, and had settled in Newbury- [)ort. One day I was sur])rised with a visit tVom Mi-. Cnshing on some mattei-s concerning a suit in court, lie was then verging on thrt'escore years of age. while he appeai'ed not ;d.)ove lifty. with as tine an intellectual countenance as I had evei' seen. His mental vigor, wealth ol' information, facility of expression, accuracy of MASSACHUSETTS HrSTORICAL SOCIETY. 121 thought, logical statement, and rich clear voice impressed me that he was a far more extraordinary' man than I had supposed him to be. Not long after, his private secretary, Mr. Spofford. foi'med with me a law partnership : and we had our offices in Boston, where Mr. ("ushing joined us and shared our chambers. From this time to his decease, a period of about twenty years, I had the honor of his acquaintance and friendship. Mr. (Jushing was endowed with extraordinary intellectual powers, with an uncommonly fine physique and a vigorous constitution. Externally, natui'e had stamped him as a man of distinguished charactei-. Such was the great versatility of his talents that he could Hiasler, with equal facility, any subject. Had he so deter- mined, he might have gone down to posterity one of the great scientists <»i' the gieat philologists of the age, as he has a great jurist and statesman. His capacity and equally great memory, his unwearied industry, his scorn of delight, and love of laborious daA^s, enabled him to conquer all knowledge. I know of no subject of intellectual contemplation that lay outside the raTige of his medita- tions and studies. Like Bacon, he took all knowledge for his province ; and like Bacon he aimed to find employment for his great talents and learning in the administration of the chief public affairs of the State. His name was already a popular synonyme for extensive culture and vast ei'udition when T first heard it men- tioniul. Mr. Cushing was eminently a man of action as well as of specu- lation. His long career in the theatre of public affairs, often in high stations, shows this to be true. Various and diversified as were his i>ublic employments, he discharged them all with consum- mate al»ility and with the highest reputation. The lustre of his gi-eat nam(^ now gives a new dignity and importance to the stations he once tilled. The late President Pierce told me, not long before his decease, that ]\fr. Cushing could have filled any place in his Cabinet with as nuich ability and reputation as he did that of Attorney-Geueral ; and that his eye ranged over all the affaii's of the govermueut. He was extremely fond of public life. Even after he had achieved a national reputation, he was often a member of the Mass- achusetts Legislature. It was lamentable to see him. with all his experience, great abilities, and culture, employed about aflfairs so far Ijelow him, and not always above the i-each and capacit}' of the average of men. His legislative career, howevei-. is not without 16 122 MEMORIAL OF CALEB CUSHESTG. disliiu'tion : iiuuiy r»'lbnu:it<)iT statutes and wise nieasures are due to his eti'orls. His faculty of nu'inon was astonishing. It was susceptible, retentive, and rctidy. Whatever once got there never came away, and never became impaired. It came forth at his bidding, and many are tlie instances where an antagonist has been suddenly overtiu-own and cruslied by weapons promptly furnished from the vast storehouse of his memory. It was seldom that I repeated a familiar quotation where he did not instantly point out the inac- curacv of my memory in some inconsiderable matter, so accurate was his own. His maxim always was that whatever is worth re- membering is worth remembering accurately. He was a <'reat linguist. He was mastei- of tlu^ modei-n pAiropean lanauaoes. and spoke several with as much grace and ease as he did his own vernaculai-. The late Spanish Vice-Consul at this port, who was at Madrid when Mr. Cushing arrived there as Minister of the United Stat(;s. told me that the Imperial Court was amazed to hear Mr. (Jushing speak its language with the ease and accuracy of the best Spanish schohirs. — a rare accomplishment, scarcely ever found amonu' the Aml»assa(lors from B^uropean (Tovernments to that Court. His ricli :ind deep-toned voice must have contributed nuich to the charm of his conycM-sation in that si^norous language. Mr. Cushing was extremely methodical, as nmch so in what he did as in what he said. Nothing ruffled lum so uuicli as ilisorder. No ofiice clerk ever folded and tiled away letters and documents with greater care. He would not sutler a book to lie carelessly on his table. Once I found him in his room in Washington in a high state of excitement o\er a confused statement in an important doc- mnent. He declared that all the troul)le in the world could be traced to confusk)n in the minds of men. and supported his proposi- tion with abundant illustration. He required less sleej) and rest than any one 1 ever knew. He rose at sunrise, and wrought all day and half the night. He was the first to be found in the Athenaeum and at his office in the morn- ing, and the last to leave in the evening. His study lamp waxed not dim at midnight. There was no time wasted in frivolities and anuiseinents. With these hal)its and good health, during a long life, it is not surprising that he arrived at so great knowledge and learning, and comprehended and executed with the greatest facility the highest functions in the government. He was a tirui patriot. There was no act or thought of his life MASSACHUSETTS HISTORICAL SOCIETY. 123 that was not intended for the glory and renown of his country. If he diflered from others as patriotic as himself, it was regarding the means, not the end. Little is j^et publicly known of his great ser- vices to our Government in its foreign relations since the breaking out of the civil war. He was at the bottom of many excellent State counsels during this time in which his name does not appear. That he was one of the most eminent publicists and diplomats of this period in America. I suppose, is not doubted. In the latter capacity, he may be compared with a Temple and a Gondomar. As a jurist he had few equals. During the last twenty years of his life he was counsel in many of the greatest causes that came before the United States Supreme Court. — causes involving ques- tions of the highest public concern. New questions, growing out of our complex system of government, always fascinated him. His analytical mind and l>ruad intelligence found scope for exercise in these employments : and he had the whole country for his clientage. In conversation lie was (extremely brilliant and effective ; es- pecially so if he encountered the least opposition. Woe be to him that dared maintain a general proposition against Mr. Gushing on such occasions. Distinctions, reasons, arguments, and authori- ties, organized and formulated by his logical and acute mind, poured forth incessantly until nothing was left of his combatant or his proposition. On these occasions, as well as in public debate, the breadth and variet}' of his attainments shone with great lustre. Notwithstanding his long and varied pubhc career, that shyness and diffidence, so manifest in his youth, never entirely wore awa}'. It made him avoid contact with men and society all his life, and narrowed the circle of his friends and acquaintances. He had none of the arts of popularity. He never would descend to be ever}'- body's humble servant, a qualification now so requisite for a suc- cessful pohtician. His native dignity, his culture, and his employ- ments alike forbade it. These traits especialh- led the public to judge him to be cold and exclusive. Unfortunately for him, he never was a good judge of men, — for the reason that he never mingled enough with them. Sometimes persons unworthy of his favor or consideration were successful in forcing themseh'es ui)on his attention, to the great regret of his friends. He was always accounted ambitious, aspiring to high places in the Government, as if that were a reproach to a man universally 124 MEMORIAL OF CAI>EB OUSHING. allowed to be statesuian t'lioiioh to giiicU' a nation ! If" he were am- bitions, there is ancient authority that ambition is the inlirmity of noble minds. I believe no one living thinks it lessens his merits to have it said tliat lie received light and strengtli from Mr. Onshing. While lu' i-eceived every one with tlie greatest kindness and i-onrtesv. and conversed with the greatest animation and pleas^ure, he had no strong social feelings. He formed no intimate personal friendships, — a great misfortune to liim. in my view of his life. His joys and sorrows were locked in his own breast. He lived (luietly and temperately in a line old mansion adorned with works of the gri'ati'st masters, and witli a fine libi-ary. in a kind of stately solitude. Thciv was a Ivoiiian severity and simplicity in his life and character. I never heard him mention the landsca})e, or any of the beauties of nature, witli any enthusiasm. He took a si)ecu- lative oi- pi'actical vii'w of i-very thing around hiin. His mind was occupied with forces and |)()wers. He was not, however, without a good deal of humor and i)leasantry at times. There was no haugh- tiness in his composition. No man ever yielded more readily or more cheerfully to a re- quest for his iiiHuence or favor than Mr. Cushing. I know that he many limes did olliees of friendship to persons who knew not from whom they were derived. A memorable instance of his disinter- ested kindness is the letter which {)layed so important a i)art in preventing his being Chief .lustice of the Sn])rcme Court of llie United States. He submitted with grace and dignity to the dreadful storms of fierce and malignant censure of his actions in public life, now and then hurled upon him. He knew it was the penalty imposed on men in his station. A sadness, liowever, rested on his majestic features : but he was as unmoved as a tower in the desert. T cannot forget one occasion, many years ago, Avhen his intpiisi- tive mind found supreme satisfaction in speculations concerning celestial phenomena. Immediately after the optical discovery of a small star near Sirius. the most brilliant of the fixed stars, making a new binary system in the annals of astronomy, Mr. Clark, of Cambridge, appointed an evening and invited me to come and look at the little stranger through the same great telescope with which it had l)een first seen, and to bring my friends with me. Among the distinguished gentlemen of the party was Mr. Cushing, then a member of the Legislature. He gazed with thoughtful admiration on the new stellar system, as well as on the inaonificent nel)nla in MASSACHUSETTS HISTORICAL SOCIETY. 125 Orion. The evening was extremely beautiful, the sky clear and serene. The powers of that ah'eady famous instrument brought clearly to view these splendid phenomena. It was apparent that what he saw made a deep impression on his mind. Not many days later he made a short speech in the House, which attracted public attention on account of the fine astronomical allusion in his argu- ment. AVith great i)ropriety he had drawn a parallel between this stellar system in the depths of space, and our political system then being tested in the civil war. Tliere is no question but that this i-emarkablo man will make one of the most distinguished figures in the history of this age. The annals of our country furnish few names distinguished for so many and varied accomplishments. Tlic public stations he filled of themselves appear small in the general estimation of such a man. His title to future eminence does not rest on them. He is now beyond the re.'ich of envy or malice. His life, a long one, burned to the socket. His system was not racked with pain or disease, but worn out. On Mondiiy afternoon last, I was one of tlie melancholy train that Ibllowed his remains to their last rest- ing-place on the l)anks of the Merrimac. where his e3'es first opened to this world. His lifeless features had assumed all the manly beauty and coiii])osiire which they had at the period of his middle life. " He was a scholar, and a ripe and good one, Plxceeding wise, fair spoken, and persuading; Lofty and sour to thera that loved him not: But. to those men that sought him, sweet as summer." PROCEEDINGS OF THE U. 8. SUPREME COURT. 'I'lic Bmi- of the Supreme; Court of the United States met in the Court-room, in the Cn})itol, Washington, on Friday morning, Janu- ary 10, 1H711, at 11 o'clock, to pay respect to the memory of the late Cal('l) Cusliing. On motion. Hon. WiUiani M. Evarts was a])pointed Chairman, .ind Mr. I). W. Middleton. Secretary. Mu. PiuLLirs. — .Mr. Chairman : I move that a committee of six be appointed to draft resohitions expressive of the respect of the members of tliis Bar f'oi- tlie memory of the deceased, to be pre- sented to this meeting. The motion was agreed to, and (he following gentlemen were ap- pointed by the Chair to constitute the committee : Committee on. Resolutions. Mr. rnii.u' Phillips, Chairman : Mr. Charles Devens, Mr. ROSCOE CONKLINCi, Mr. Albert Pike, Mr. A. T. Akerman. Mr. Ceoroe II. Williams. The connuittee thereupon retired ; and, on returning, reported, through Mr. Phillips, tiie following resolutions for adoption. Resolved. That the Bar of the Supreme Court of the United States has beiMi informed with deep regret of the death of Caleb RUPKEME (^OUKT OF THE UNTITED STATES. 127 Gushing, for many y^'ars their Hssocinte as .in alilc |)iu('titi()ner be- fore this Oonrt. liesolved, That whiU' the nienioiv of Mr. ('ushing (h'serves to be clierished as a citizen and a soldier, as a scholar and a historian, as a statesman and a diplomatist, tlie Bar (U'sires especially to remem- ber liim to-(hiy as a wise leji;islator, as an a('(;oniphshed pnblicist, and as a profound and learned lawyei'. whose services in all these capacities have been most honorabU' to himself and most valuable to the liei)ublic. liesolved, Tliat the Attorney-(xeneial l)e i-eqiiested to conununi- cate these I'esolutions to the Court, and to move that they be en- tered of record. Resolved, That they be communicated to the family of Mr. ('ush- ing, with tlie expression of the earnest condolence of the liar. Thk Cuaihma.\. — Gentlemen, you have heard the lesolu lions re- ported l)y the committee. They are before the meeting. RicMAKics OK Mit. (tk,<)U(;i.; II. Williams. Mu. CiiAiKMAN : I rise to second llio resolutions and to say that in the deatli of Caleb Cashing a great man has fallen. Few men living or dead in the Unitecl States have had a moie rlistinguished or varied (career. More than tifty years ago his abilities attracted the public eye and were acknowledged by the public voice. Dui'ing that time a mighty })rocession of events has passed into the history of oui- country, all of which he saw. and a part of which he was. Mr. Cushiiig was remarkable for his great wealth of learning. lie dis(!ussed questions in the light of tlu' experience and history of all ages and nations. He drank deeply at the fountains of ancient lore, as well as from the various streams of modern literature. His speeches in congress, as early as 1835, were models of erudition and ehxpience. His opinions as Attorney-General of the United States, delivered before 185(i. are still cited as authorities in the highest courts of the (»untrv. He contributed largely to the [jublic and diplomatic writings of the country, and always with great power and exhaustive learning, and his late mission to Spain was highly creditable to himself and to the country. Mr. Cnshing pursued his purposes in life with indomitable energy and industry. He never seemed to weary with intellectual work. His fine natural abilities and his immense acquisitions of knowledge 128 MEMORIAL OK CALEB CUSIUNCi. made him in cvorv sonso uu abU' and accouiijlisliod man. 1 enjoyed the pU>asnre of liis acquaintance foi- about lifteen years. I have met him in private and personal interviews, at the festive board and Mt ihc Bar of the Svipreme Court, and tliouuh at times he hxeked tliat coiidcnsatiou and clearness of thou<>lit and cxi)ressioii which I have observed in some others, he always and everywhere impressed me" with the variety, extent, and richness of his intellectual re- sources. Distiuiiuished as he was in other Avays, his fame will chiefly rest upon his rei)utation ;is a lawyer. T remember when, more than thirty years aji'o. 1 connnenced the practice of my profession upon the western banks of the Mississippi, he was then and thei'c known as a iireat lawyer, and if litiii'atioii from that section was transferred to Washiniiton. it was iiXMierally supposed that the battle was more than half won l>y tiie party wlio secured the professional services of Mr. Cushinj;-. Oui' departed friend was an illustrious link in the chain, now too fre(piently brokt'U by deatii. which connects this o'eneration with the founder;^ of tlu' Re))ulilic. Mis eyes ojjened upon the dawn of the nineteenth century. He lived when John Adams was President, ami the heroes of the Revolution were in the cabinet and councils of tile nation, lie conuneneed to live when our star of emj)ire had just risen u[)on the eastej'n horizon, and he continued to live till he saw its benienant rays illumine a mighty continent of free and in- telligent iieople. Three score years and ten. to which limit lew livi'S attain, did not apparently imi)air the vigor of his mind or dim the brightness of his eye. but insidious time was slowly smothering the vital spark, and upon the \-erge of four score years of active, useful life, he gently and })eacelidly departed to his rest, like one lying down to pleasant dreams. One after another in rai)id sut-cession tiie venerable men who have come down to us tVom the early days of the Republic are passing iVom our view, and while the Angel of Death with his shadowy hands transfers their mantles to our shouhh'rs. history waits with anxiety to see if we are worthy to wear them. 1 will not. because Mr. Gushing is dead, say that he was ])erfec- tion, nor will 1 seek to drag his frailties from their dread abode, •lustice and Charity appeal in vain for a triie estimate of the mo- tives and actions of public men. while Calumny can fill the public ear with its malicious clamor ; but the tongue of Caluumy is para- lyzed at the open grave, and Justice and Charitv can then be heard. 8DTK.EME COURT OF THE UNITED STATES. 129 Happy indeed will tlie man be who can come down to the end of his days, after fifty years of public life, and leave in his history as nnu'h to admire and as little to condemn, as is found in the life of (Jaleb Cushing. To-day we are called upon, though the mortal re- mains of our i)rofessional brother lie in a distant State, to think of him not only in the pride and glory of his manhood, but as he now is — to think of the closed eyes, the pallid brow, the folded arms, and the awful stillness of death. While we give him up to the shroud, the coflin, and the tomb, and turn to the business and pleasures of life, it is a melancholy satisfaction to feel that we have forgotten his faults, whatever they were, and can only recall those qualities of his life and character which '- smell sweet, and blossom in the dust." Remauks ok Mr. ALBEiix Pike. Mr. Chairman : He wh(jse death lias called us together here was one who, during a long life, served his profession and the Republic faithfully, and was crowned by each with high honors. As he won those honors fairly, so he wore them gracefully ; and with every one earned, renewed his exertions to deserve more ; less desirous, I think, to win, than to have the right to, applause and glory. "He belonged," it has been said since his death, '• to a past gen- eration." But Caleb Cushing did not lag superfluous on the stage, for it is but a little while since he retired from the service of his country at a foreign court, to find rest and pursue his studies at home ; and none of us have grown much older since he rendered to his country at Geneva the most important service of his life, and displa^'ed in amplest measure his ability and learning. It is true, no doubt, that towards the last he lived more with the past than with the present, We all do so, as the shadows lengthen for us, in the evening of our life. It is true, no doubt, that for him, as for all of us who are old, the faces most loved were those of the unforgotten dead friends. But he who has lived worthily, has lived not for his own age only, but for all the coming generations ; for his thoughts live after him, and his example and his influences. Upon the tpmb of Crushing there will 1)C no blank i-ocord of hours of indolence and folly. He was one of those, who (I use in part Mic words of Holinshed), for their singularities of energy and U'arning. for their honor and government *in and of the State, about this Capitol and elsewhere, 17 130 MEMORIAL OF CALEB GUSHING. at houu' and aluoail, (k'si-rvi' sufh cuinmoiiilalioiis, tlial llicv nicrit )ni'eo siy. lie was a young lawyer then, lesi.liiU' to win sueet'ss ; and often passiuu- his oMlee. as 1 did. late al nigiil. 1 always saw it liiililed up. llr lost lew hours in sleep, and wasted none in dissipation or aiuuseineut. To that iiu- tirinji' industry and diliti't'ut study he owed the lauie of.aller years. lie aeeoutri'd himself, carefully ami (horoui;hly. I'oi" the husiuess autl the battU' of lih'. and entei-ed the ari'ua armed at all jjoints. 1 was not yi>t t>f the aije to \oU\ when he had beeome so well and and favoral>l\ known as to Ik- an almost successful candidate for a .seat in the (V>ni>ivss of the United States, lie was already among the forenu>st of the rising young men of Massachusetts. After I attained manhood, 1 knew him as a st-holar of varied ae- qnireujents, a man of letters, of genius ;ind cultivated tastes ; one, in the words of tlu> biographer of Sir Henry Wotton, "excellently educated, and studiou.s in all the liberal arts ; in the knowledge whereof he attained unto a great perft'ction." 1 knew him as a re- viewer, essayist and poet ; neitlier. in the wrnds of the sauu' writcM', •• an uncomely nor an nnproiitable emi)loynient for his age." For he did not contiue his studies, then or ever afterwards, to the great province of the law alone, but sought and achieved distinction in other tields. His industry was great, and his reading immense. I do not know to what extent he was familiar with the writers of lvon\e and (-ireece, nor that he ever sought to e\[)lore the mysteries of Orien- tal learning; but he made himself familiar with the best writers in more than one modern language, and spoke some tluently, so as to V)e deemed abroad "a gi'ntleman excelh'ully accomplished both by learning and travel." The records of the country i-ontain the evidence of his (lualilica- tions to serve the country. H(> nevt>r engaged, I think, in anything, in which he did not acquit himself well. Whether a person, or the Kepublic. or a foreign government was liis client, it was never said that he had not powers eipial to the task that he had midertaken ; and no cause, priAate or [)ublic. ever suriered t'ronr his want of al)il- ity. of knowledge, or of industrious preparation and energetic con- ducting. He served the country and his other clients faithfully and fearlessly. Nor did any reproach, through him. ever come upon the profes- sion ; for he never forgot either its duties or its [troprit'iies. ameni- ties, and courtesies. SUPREME COURT OF THE UNITED STATES. 131 Later in life. I knew iiim in Mexico, when lie served there with credit in command of a Brigade. Afterwards I heard him at the bar of the Supreme court here, knew him as a legislator, and had occa- sion at times to see him in his office of Attorney-General. 'J'here- after the currents of circumstances carried me in another direction, and from that tim(i until his death I seldom saw him. Nor had I ever an acquaintance so intimate with him as to be able to speak of his temper and social qualities, his fiuilts or virtues, as others can who knew him better. Attached at different times to different political i>arties. he had the singular good fortune never to suffer under any grav(^ imputa- tion uttered by the rancorous tongue of Varty or the Press. Xor did lie ever. I think, display a vindictive spirit, or pronounce harsh and bitter judgment even upon those who maligned him. He always seemed to me a man of equalile tem[)er, amiable, kindly, and placable, of a most persuasive beha\'ior and Judicious discourse. He was a man, ambitious, no doul)t, •• not rejecting honors and stations in this courtly and splendid world," but descending to no low arts to obtain hon(jrs : one not of haughty carriage, nor who put slights upon other men esteemed below him : a man of no pomp or pretence, of grave simplicity. '' of an ancient freedom and integ- rity of mind." 1 was. a little while ago, in the old town on the river Merrimac, where his home was all his life, and there heard him often spoken of by many, old and young, and by all not only with pride, but with affection ; and, after all, to whatever heights of honor one may climb, and how widely soever his name may be known and honora- bly mentioned, it is th(? good opinion, and the good word of those among whom he was reared and under the eyes of whom he has lived his life or tlie larger part of it, of his fellows-townsmen and his neighl)ors, that are the truest testimony' of his desert and the most to be \'alued praise wherewith he can V>e crowned. It would be idle affectation to I'esoit to phrases of regret and sor- row, in speaking of the death of one who, after a singularl}^ fortu- nate life, prolonged beyond the usual span, and in full possession of all his honors, has lain down in peace to await the resurrection, ac- conjpanied to the grave by the kindly thoughts of all his neighbors, spoken honorably of throughout the Republic, and with none whose opinion is worth regarding to fling a stone at his memory. He did not need a longer life. He had done enough for his country, enough for his own fame, and onlv death was needed to crow'u and 132 MEMORIAL OF CALEB CUSHTNG. complete his work. It is death, cliiefly, that gives authority and power to the wise thinkers and great writers, the profound jurists and incorruptible magistrates, and makes them the law-gi\ers of states and nations. And if tlie great profession of the law would be hon- ored by its servants, it must pay honor and do justice to their memo- ries when they enter upon their inheritance of authority and immor- tality. It is to perform that otfice that we have come together. Remakks ok Fkaxk W. Hackett. Mr. Pkesii>ent : A great lawyer, after more than half a century of untiring labor, lias been gathered to his people. The bar of this court, who have admired his transcendent abilities, and now miss his ftimihar face, seek to place upon the recoi'd an expression of their sense of the magnitude of the loss they are called upon to sustain. In keeping with the occasion, it is left to the elders in the profession, who have known liim longest, to pronounce a just esti- mate of his character. Permit me, however, to say a word or two in behalf of the younger members of the l)ar. in testimouj' of the re\erence and kindly leeling with which we liold him in memory. To those who were by many years his junior in practice, IMr. Cushing uniformly extended a genei'ous aid and encouragement. His storehouse of legal knowledge he freely j)laced at their disposal, lie pointed out defects, and gave to merit due and judicious praise. Young men went to him for counsel. Young men liked him ; he un- derstood them. Himself full of vigorous activity, in one sense Mr. Cushing never grew old. To a marked extent he harljored that youlhfnl spirit, " quod qui sequitiir senex corpore esse poterit, a)h Imo nunquam erit." It was my privilege seven years ago to accompany abroad Mr. Cushing in the capacity of private secretary, while he held the posi- tion of senior counsel foi- the United States before the Tribunal of Arbitration at Geneva. Tlie relation I considered invaluable as an opportunity for mental discipline and legal training with a consum- mate master in the law. Of his eminent services to his country in that forum I will say nothing ; it has become historical. Yet it is no disparagement to you. sir, or your able associates (both happily now living in tlie enjoyment of the higliest honors of the Republic) , to recall the fact that to .Mr. Cushing especially the (Government at that anxious period looked as to a tower of strength. But I can SUPREME COURT OF THE UNITED STATES. 133 testify that his world-wide reputation as an indefatigable worker is in no sense an exaggeration. With him memory was, indeed, a the- saurus of all subjects ; _yet when he drew upon it for his facts, the pre- cision and accuracy with which he marslialled them to his use, was simply' wonderful. So orderly were the workings of his mind that nearlj" all that portion of the argument of counsel assigned to him, he dictated at continuous sittings, and scarcely a line required re- vision. Of his unbounded love for the acquisition of knowledge I may venture to cite a single instance. He brought to Geneva an ac- quaintance with the history of that locality — minute, and what to most men would have appeared ample. Not content with this, he got together and read in brief intervals from professional works, all sorts of books and pamphlets bearing upon the subject in veriest detail, till soon it became apparent that no citizen (I am tempted even not to except the professional antiquary,) could surpass him in the extent and variety of his information in this department. But my chief purpose is to utter a word expressive of the grati- tude with which we of a younger generation delight to honor the memory of Mr. Gushing. Doubtless many years will elapse before another leader at the bar displays talents worthy to be compared with Iris. But we may not forget the lesson his career plainly affords. Great as were his natural gifts, he improved every waking- hour to keep them in constant use. May we fail not to apply our- selves with something of his ardor to the duties of our profession. •' Seest thou a man diligent in his business, he shall stand before kings." Remarks of H. ^Y. Garnett. Mr. Chairman : As my friend who has just taken his seat has said, I do not thinlv it is unseemly, but highly proper, that we, the junior members of this bar, should express our feeUngs of admira- tion for Mr. Gushing.. It is not however, sir, as statesman, diplo- mat, or lawyer that I desire, or, indeed, possess the power of speak- ing of him ; in all these branches he has achieved success known to but few even of those who devote their undivided laliors to a single pursuit ; to speak of these successes belongs more properly to oth- ers older than I, to whom they are well known from experience, desire to speak of Mr. Gushing as I knew him, as a man of kind heart and generous impulses. 134 MEMORIAL OF CALEB GUSHING. We all, sir, view our fellow-men from the particular sides of their characters which are presented to us, and he was to me "a guide, counsellor, and friend." I knew him well ; I may say he was a friend by inheritance, for from my earliest days I have heard the name of Mr Gushing coupled with terms of friendship and regard. He was not a man who •• wore his heart upon his sleeve," but towards his friends there was no inconvenience, no labor, no trouble that he was not willing to undertake and undergo to serve them. I speak, sir, that T know. I have been with him also in his labors, and while laborious himself, he over exhibited that regard towards the efforts of others, that thoughtfulness to prevent them from over-exertion, which could only be dictated by a kindness of heart. And, sir, 1 rise to-day not to offer any tribute worthy to be laid upon his tomb, but to say these few feeble words as an expression of that gratitude which I owe, and which I shall ever feel toward the memory of Mr. Caleb Gushing. The resolutions were agreed to unanimoush' ; and thereupon, on motion of Mr. Attorney-General Devens, the meeting adjourned. SUPREME COURT (3F THE UiNITED STATES. January 13, 187.'. Present : The Hon. Morrison R. Waite, Chief Justice; Hon. Nathan Glifford, Hon. Noah H. Swayne, Hon. Samuel F. Miller, Hon. Stephen J. Field, Hon. William Strong, Hon. Joseph P. Bradley, Hon. John M. Harlan, Associate Justices. The Attorney-( General addressed the Court as follows : Maji it 2>lcuse yoar Honors : 1 ask a few moments' delay in the i-egular progress of the busi- ness of the Court, that I may bring formalh' to its attention the de- cease of Caleb Gushing, of Massachusetts. SUPREME COURT OF THE UNITED STATES. 135 The high positions held ])y him in the service of the country, his eloquence, his learning and ability so often displayed in the debates of this Court, seem to render it proper that we should pause for some notice of the void which has l)eeu oecasiojied by his departure. At the age of twenty-five. Mr. CUishing was already a distin- guished figure in the politics of Massachusetts. Ten years later he came into the national councils, and from that time was prominent, alike in sunshine and storm, in the long historic era over which his life extended. How full that life was of imi)(>rtant and varied pub- lic ser^dce will be seen when it is recalled that he was repeatedly a member of the legislature of his native State and of our National Congress, that he was a Justice of the Supreme Judicial Court of Massachusetts, that he was the Counsel of the United States in the Arbitration at Geneva, that he was its Foreign Minister at the Courts of China and of Spain, that he was the Attorney-General of the United States, and that to these civil services he added military service as a General in the Army during the war with Mexico. In private character, and in social intercourse. Mr. Cushing was most attractive. His rare powers of conversation, his large and well-digested stores of learning, made him a fascinating compan- ion to all who listened to him, while his readiness and cordial desire to serve others by the nmltitude of resources at his command, was always conspicuous. Of his extended public career, of the political controversies in which he engaged or into which he was thrown, the present is not the time to speak. While one who has tilled so large a space in pubUc affairs nmst be judged as his life shall appear when viewed by the clear light of impartial history, the hour when he departs is not the time to disturb the ashes which have gathered over the slumber- ing fires of old and, in many instances, forgotton controversies. Nor. were this the time, would this ever be the place for their ap- propriate discussion. Yet it is appropriate to remember here, that so profound was his knowledge of international law . and of politics in the larger sense of the term, that to those Administrations of which he was not a member, nor even in direct sympathy, he was able to lend an aid, as counsellor in matters of a general character as distinguished from those of mere party controversy, which was held by them to be great and valuable. Elsewhere justice will be done to his merits as an accurate ob- server and a graceful writer, to his accomplishments as a scholar and a Unguist, and to his labors for the country as one of its states- VM) MEMORIAL OF CALEB GUSHING. men and diplomatists. Here, and to-day. we would desiiv to recall him as the wise and proloiiiid lawyer, whose learning and ability liaA'e contrihuted to the diseiission of many of the most important (jiiestions of his time. His ju(liei;d eai'eer on the Supreme Beneh of his native state was lirii'f. liut it was lono- enough to establish his reputation as a courte- ous, just, and able maoistrate. Hut his true sphere -as a lawyer was tiiat of the advocate'. His intellect was of the controversial cast, which adai)ted him for the conflict of the Bar rather than the calmer and graver duties of the Bench. Yet. while he was an oi)i)o- iient xigorous and persistent, he was always fair and candid. .\s a del)ater he was master of every resource. el(H|uent and adroit, always speaking from a full knowledge <>f the subject on which he spoke, lie spai'cd no laboi- in prei>aration, and his ready powers of acipii- sition enabled him to fortily hiuKself with weapons of attack and defence drawn from every armoiy and storehouse of the law. The Heports of tills Tourt furnish thi' evidence of the ability with which he discussed all matters, whether api)earing as counsel for i)rivate ()arties or for the (Jo\ei'nmeut. The Opinions of the Attorneys- General attest how nmch skill and research he brought to those practical (questions of administration which, as a cabinet oflicer. de- manded fnm) him the judgment of a l(>arned and experienced law- yer. Xor should I fail to rememlter that as a legislator, alikt' in his native' state and in the congress of the United States, he con- tril)uted wisely and generously to that public legislation Avhich is in- de))endent of party controversy, even when deejjly engrossed in the public contlicts of his time. The volume of the Kevised Statutes of the United Slates which lies within reach of the hands of your Honors demonstrates his [)atient industry, although from its nature it could not testify to his genius as a legislatoi"- By that exhaust- i\(' industry wliich would be content with no half-knowledge of any subject, but which would master each in turn, he supi)lemented, as successive (.)ccasions arose, his large knowledge of the science of govi'rnmcnt. of jurisprudence, of e(|uity. of the connnon. the stat- ute. ;iud tlu' maritime law, and of connnen-ial and industrial alfairs. 'I'iie illustrious magistrates who composed this Bench while he tilled tile oilicc of Attorney-General have, witii one exception, passed away. With some premonition, perhaps, that his own end was near (although he did not desist from projects of labor and study), j\Ir. Gushing, since his return from :Madrid. a little more than a year since, has resided principally at his old home in New- SUPREME COUllT OF THE UNITED STATES. 137 buryport. The anchor of the storm-worn ship was to fall where first its pennon had lluttered in tlie breeze. On Jannary 2d, a little way from the spot where he had been born seventy-nine jears be- fore, he, too, has gone to his i-est in the city which had honored and loved him in his youth, his manhood, and his maturer years. The Bar of this Court have desired me, in testimony of their re- spect for his memory, to submit to the Court the resolutions which I have now the honor to read. After the reading of the resolutions, Mr. Chief Justice Waite replied as follows : The prominent position Avhicli Mr. Cushing has occupied in pul)lic atfairs during so much of his long life, his great learning, his dis- tinguished services as Attorney-General of the United States, and his large and varied practice at this bar, make it pi-oper that his brethren should be permitted to place upon the records of the court their tribute to his memory. The court cordially approves of the resolutions that have been adopted, and of the remarks of the At- torney-General in presenting them here. What has been said is no more than is due to the occasion It was m}^ fortune to be associated with Mr. Cushing liefore the Tribunal of Arbitration at Geneva, and I should be false to my own feelings if I failed to record an expression of gratitude for the kindness and encouragement I received at his hands during all the time we were thus together. He was always just towards his jun- iors, and on that occasion he laid open his vast storehouse of knowledge for the free use of us all. While assuming that our success would be his, he was willing tliat his should l)e ours. He knew how much encouragement can lighten the burden of labor, and never failed to give it when opportunity was offered. What- ever he may have been to others, to us who _were with him at Ge- neva, he will be remembered as a wise and prudent counsellor and a faithful friend. The resolutions and the remarks of the Attorney-Genei-al in pre- senting them may be entered upon the records of the court. 18 MEMORIAL MEETING AT WASHINGTON, D, C. A meeting of tlie citizens of IMtissacluisetts, sojourning or resid- ing at Washington, District of Columbia, was held at the Masonic Temple, in that city, on the evening of January 2()th, 1879. Some two hundred gentlemen and ladies were present, including some of the most distinguished public men of IMassachusetts. Mr. George B. Faunce, President of the Massachusetts Associ- ation at Washington, called the meeting to order, and after pro- nouncing a short eulogy of the deceased statesman whom those l)resent had asseml)led to honor, he invited Attorney-General Devens to preside. Gen. Devens, on taking the chair, eloquently referred to the man}' aspects which INIr. Cushing's life presented, and trusted that his excellences in every path of life that iie had followed, as a ju- rist, as a scholar, as a soldier, as a statesman, as a diplomat, would be spoken of that evening. ^Ir. Benjamin 8. Pike, of Xewburyport, was chosen secretary of the meeting. Major lien : Perley Foore, of ANest Newbury, otfered the follow- ing preamble and resolutions : Whereas, it has pleased Almighty God to terminate the mortal existence of Caleb Cushing, a citizen of Newburyport, who has passed a large ]iortion of the last tifty years of his life at this me- tropolis, it becomes us, Massachusetts men, residents or sojourn- ers here, to express our sorrow for his loss and our admiration for his virtues, his learning, and his public services : Therefore, Jiesolaed, That we regard Caleb Cushing as one of the master- minds of the Old Conmion wealth. His private life was marked by a love of his home on the bank of the Merrimac, by domestic pur- MASS. ASSOCIATION AT WASHINGTON. 139 itj, b}' a high sense of honor, b}' unwearied industry, and b}- devo- tion to his kindred and friends. In his long and A-aried public ca- reer he was equally distinguished as a profound jurist, an able parliamentarian, a ready writer, a gallant soldier, and an accom- plished diplomat. His Avonderful conversational powers, enriched and adorned by observation and reading in many lands for many years, made him a welcome guest wherever he went. He did not always agree with the majority of voters in Massachusetts, but he always evinced a profound affection for our country, and he was, under all circumstances and at all times, read}- and willing to sup- port its- government with unfaltering loyalty. He will be missed here at the National Ca])ital, and now that he has suddenly passed from the theatre of his fame, we and his other fellow-citizens should profit by the varied lessons of his eventful career. Resolved^ That we sympathize with the surviving relatives of the deceased, and with the many personal friends who lament his loss. REMARKS OF MAJOR BEN : PERLEY POORE. Mr. Chairman : — Having performed the duty assigned to me, gratitude for many acts of personal kindness prompts me to say a few words concerning the deceased, who was the life-long friend of my father and my mother. I was taught in my childhood to respect him, and I have always been an admirer of his wonderful talents, although I may not have agreed with him in opinions upon the po- litical questions of the day. It has l)een my privilege to witness much of his illustrious career here at the P'ederal metropolis, where he has been for many years a prominent and a picturesque figure in public affairs, and where his name has been honorably connected with many important measures, foreign and domestic, that have exercised a powerful influence upon our national policv. Caleb Cushing has been called the " admirable Crichton," of the present century, but while he rivalled that famous historical per- sonage in versatility, in variety of attainments, and in facility of acquisition, he also possessed the stern common sense of the states- man and the man of the world. With all his readiness as a debater and a writer, however, he never omitted before treating a subject, to enter into the most laborious investigations that he might obtain a complete mastery of it. He was always ambitious to excel, as every man should be, and he was an indefatigable worker, showino- great powers of endurance, although he was not a man of stronw 14:0 MEMORIAL OF CALEB GUSHING. physical powers. He never intrigued for honors or for place, but lie ever felt that it was his dut}' never to decline public service, even when he knew that his nomination as a candidate on a political ticket could only be followed by defeat at the polls. Nor was he hampered by party ties which so often elevate men possessing small intellects, while they trammel and curb great minds. Pi'ide of opinion often retains men in the wrong, and keeps them in partisan ranks, when conscience and conviction prompt tliem to avow their mistakes, and to sacrifice their associations to their judgments. Since Mr. Gush- ing first stood in the Capitol, as a representative of the Essex North district of Massachusetts, electricity and steam have accom- plished marvels, and nearly every brancli of mechanical industry has changed — he, witli his wonderful mental acthity, could not keep in one poHlical net, l)ut cliaiiged also. With an integrity that was never questioned and with an honor tliat was never tarnislied, he foiigiit his way in tlie battle of life in accordance with his own ideas of riglit and wrong, regardless of the political banner under which those convictions carried liim. Mr. Cushing's life here at AVasliington, even when he was hold- ing high oflicial position, was marked with great simplicity. In liis rare intervals of relaxation from })uhlic or professional duties, he used to retreat from the busy metroi)olis to a small cottage, pictur- (>s(nu'ly situated near tlu; great falls of the Potomac, and later in life he hi'came the owner oJ" a farm in AMrginia, where he interested himself in agricuhural i)ursuits. He was fond of works of art, whiclihe viewed Avith appreciative and discriminating judgment, and he had a fondness lor good books, especially those in the many for- eign tongues which he read with facility. But his favorite relaxation was at the social board, and foitunate was the host who was able to count Mr. Cushing as his guest at a dinner party. His inexhaust- ible magazine of incident and anecdote concerning remarkable per- sons and events ; — his thorough ac(iuaintance with the prominent questions of the day on each shore of the Atlantic and of the Pa- cilie ;— his keen wit and s[)arkling epigrams' never failed to fascinate those who sat at the same table with him. Senator Sumner, in the last years of his life, became devotedly attached to Mr. Cushing, and fretpiently invitetl him to his dinner parties. The sonorous sentences of the senator were illuminatetl by the brilliant comments of his guest, which reminded the Ibrtunate hearers of the successive discharges of a Roman eaiidle, each so bright and dazzling that it was dillicnlt to say which was the most beautiful. MASS. ASSOC FATIOIsr AT WASHINGTON. 141 Constantly inisrepresontcd and often misunderstood, the language of King Jlenry to Cardinal Woolsey might have been appropriatel}' addressed to Mr. Cnshing : " You have many enemies, that know not Why they arc so, but, like to village curs, Bai'k vvlien their fellows do." But he was always understood and appreciated at Newburyport, where he was "the first citizen," and where the people, rising above party lines, always took a commendable pride in electing him to any position within their gift that he would accept. There, among the friends of his boyhood, his manhood and his old age, and solaced by loving relatives who souglit to promote his comfort, he received his death-summons like a philosopher, and his spirit took its flight. There, on the bank of the beautiful Merrimac, his remains will rest in peace, and his shining fame will be treasured as a heritage of glory. , " In vain the envious tongue upbraids. His name Old Newbury's heart shall keep, Till morning's latest sunlight fades On the blue tablet of the deep." Rkmarks of Hon. Geokge B. Loring. Mr. Ckairman : — In moving the adoption of the resolu- tions, I would remind the citizens of Massachusetts present that they have assembled to manifest their respect for one of the most distinguished of her sons on the field where his most important labors were performed, and to pay a tribute to his memory. Massachusetts has a long, useful and illustrious record of the ser- vice of great men, among whom the name of Caleb Cushing stands with the foremost. Endowed with rare powers, both of mind and bod}-, he commenced in his earliest youth the work of cultivation ' which gave him a high position among the scholars, statesmen, and jurists of our land. So early in life did his work begin that his pub- lic efforts, or public observation, at least, may be said to cover near- ly the whole of the active, energetic and efficient operation of our government. Sixty years ago he had already established an inti- mate relation witli the l>est scholars of our countr}', and had taken high rank in tlieir honoral)le fraternity. At an age when most men are struggling on the; very tlireshold of life, he had made himself conspicuous as an accomplished traveller, an author, a legislator, 142 MEMORIAL or CALEB CUSHIN^G. both state and national. Jlo then secured a position among the briiiiit and powerful intellects of the -world -which he never lost through a long and busy life. His mind had immense powers of acciuisition. Not distinguished for his creative faculty, not marked bv a lofty and vivid imagination, he possessed a marvelous capacity for actjuiring and using all knowledge which came within his reach, and of exploring witli great rapidity and ease all the by-i)aths wliich always olfer thi>ir treasures to active and capacious minds. And from his iunnense store of knowledge his associates in pri- vate and public lile were always supplied with abundant informa- tion. In polite conversation, in i)rof()und legal investigation, in diplomatic debate, at home, aln-oad, in hours of business and of leisure, lie was always the instructive', agreeable, and useful cora- [)anion and adviser. So many-sided was his mind that he had the largest intellectual sym[)ath}- with all classes of men ; symi)a- thized with Webster in his love of the land, and with Choate in his love of books. For more than half a century it has been said of him that he was indeed an encycloptHlia of profound, varied and * useful knowledgi'. But the characteristics of Mr. Gushing, not known perhaps to all who associated with him or to all who observed his conspicuous ca- reer, were as striking and interesting as these vast intellectual pow- ers which won the admiration of his contemporaries. From his ancestors in Fssex county he inherited the untiring industry and unwavering persistency and keen comprehension which made them successful business men and made him a successful scholar. He was identilied IVom his birth, as they were, with the best phase of American life, and as a niembei- of an enterprising commercial, manufacturing and agricultural comnmnity. Surrounded by the best institutions of learning, belonging to a people who sent forth intt) the woi'ld great lawyers and great tlu'ologians, he became nat- urally loyal to America and American institutions as he found them, lie believed in the governmental organization of his coim- try, and was proud of her power — not sentinientally, but with a strong and manly conviction of the importance of her position among the nations of th(> earth. 'Fhat he was ambitious was never denied ; but I tliink tiiat in every step he took to gratify his ambi- tion he was controlled by this feeling to whicii I have alluded. When he supported the administration of Mr. Adams he did it be- cause he felt that the polities of that Federal school could alone clothe his country with honor and prosperity. When he advocated, MASS. ASSOCIATION AT WASHINGTON^. 143 with Mr. Webster, in succeeding administrations, a fiscal system under the control of the federal government, he did it because he felt that a government which he supported was entitled to the pow- er of regulating its own Hnancial artairs. When he defied the sen- timent of his own state and stood l)y Mr. Webster in supporting an administration which they had united to elect, he did it for the honor of his (-ountry, even though he closed the avenues to political power which had been opened before him. He took part in the Mexican war to protect the honor and enlarge the power of his country. When he gave his support to what he considered the constitution- al obligations of the people in a great political contlict, he did it be- cause he believed that under the constitution might be found a rem- edy for all existing evils. He may have been impatient, he may have been unreasonable with those who placed any rc^quirement or any ob- ligation above the constitution. He may have been fanatical even in his feelings against opinions which seemed to him to threaten the government with overthrow. But it was his loyalty, as he under- stood it, which roused him to the conflict, and which sent him a ne- gotiator of peace to South Carolina, and led him to offer his ser- vices to the Union army when his country was torn by civil war. He may have made mistakes, he may have, on account of his con- spicuous personality, appeared at times to shape his course by his political ambition. But it will be found that in doing this he often sacrificed his local popularity, and in securing one advantage over- threw another manifestly greater. And I am sure that if we will examine his pul)lic services at home and abroad, in peace and in war, whether engaged in diplomatic negotiations or in domestic councils, we shall find that he was controlled by a sensitive and almost irritable loyalty, and by a profound confidence in the capaci- ty of the government under which he was born. He was not an adroit politician, not always sagacious and wise with regard to his own personal interests ; but he was always useful, always generous in bestowing liis advice and assistance upon those who were engaged in raanao-ing our public affairs as a brilliant representative under one administration, a powerful cabinet minister under another, a personal adviser in the great conflict which Aveighed down another, and as counsel for his country in the difficult diplomatic dealings which grew out of the great war. He Avas not a reformer in any sense of the word, l)ut he always supported, like a strong pillar, the institutions under which he was born. Had his active life covered 144 MEMORIAL OF CALEB GUSHING. our i-arly constitutional liistory, he would have ranked among the greatest men of that time. Had he stepjx'd Avith his youthful powers into the era when the purilication of the constitution commenced, he would have stood foremost in that great work. But, like many another in our land, his life covered so long and so conflicting a pe- riod in our history that the experience and education and associa- tions of the past always seemed to interfere with the duties of the present. But. notwithstanding all the intricacies and trials of his political life, he has left l)eliind a record of imblic service that can- not be forgotten while our government endures. To his friends, also, Caleb Cushing was eminent!}^ lo3'al. He was scrupulously true to his personal obligations. He had a strong and intense attachment to Jiis family ; in all liis tastes he was sim- l)le and unostentatious ; was especially observant of the courtesies of life, and peculiarly regardless of his i)ersonal aggrandizement in his (h'alings with his fellow-uien. His local attachments were great, and in all the activity and attractions of life in which he was so long engaged he always turned his steps towards his home in Massachu- setts with the sense of loyally and satisfaction cliaracteristic of one who knows and realizes wliat a birtli|)lace, with an inheritance of strong faculties, means. A Suggestion from Gkn. Butlkk. Hon. Benjamin F. Butler, who entered the hall while Dr. Loring was si)eaking. suggested at this i)oint that the friends of IMr. Cush- ing should not allow the opportunity to i)ass without arranging for some more public memorial. He suggested that a move be made ui)on the House of ReprescMitatives for a memorial service in their chamber. He thought some means should be taken to show the true loyalty with which Mr. Cushing had served his country with pen and sword. Brmarks of Hon. Henry L. Dawes. Mr. Oiiairjirn: — 1 have not come here with any expectation of si)caking to-night, but for the purpose of paying tribute, as one of the representatives of INIassachusetts at the Capitol, to the distin- guished character of the jurist, the diplomatist, the statesman, we are called upon to mourn. I cannot answer your call, therefore, in any manner becoming the occasion; I can only say MASS. ASSOCIATION^ AT WASHINGTON-. 145 that Mr. Cashing has added not only largel}^ to that wealth of accompHshment, of learning, and of power which our Common- wealth cherishes with so much just pride,' but has left a national and world-wide fame, rare in any histor}-. These, commanding homage everj^vhere, to us at home are among the treasures our people will guard and Iveep, and not suffer to be buried with him. Mr. Cushing was remarkable ever3'where. There was nothing commonplace in whatever he did or undertook. All along the checkered pathway of his life and pursuits, are seen the traces of a master hand. His early literary efforts gave promise of a brilliant career in letters. So too his earlier life as a lawyer before entering public life made it evident that, had he not broken away from the exacting demands of that "jealous mistress," the law would have found in him a great expounder. All his life here in Washington as a Representative was remarkable. In all the excitement of the great political struggles which mai'ked that period, he was foremost in ev- erj' phase of the contest. Then, entering the diplomatic service for a brief period, it was in a new field, and with a strange and wonder- ful people, and his work was also wonderful. Called, after many years of withdrawal from active practice and the study of the law, to the Bench of the highest court in our state, he remained in that po- sition only long enough to demonstrate his judicial ability, and stepped from it to the Attorney-Generalship of the United States. In this otflce he encountered new and intricate questions growino" out of Spanish titles under our then recent Mexican acquisitions, never before discussed in the Supreme Court. The amount of learn- ing he there displayed was amazing. After he left that office he occu- pied for nearly the remainder of his Hfe, a period of twent}^ years, a position in respect to the administration of public affairs here in Washington, at once anomalous and remarkable. I know of nothing- like it either in our own or other governments. He was confiden- tial' adviser to different administrations, and in the most critical times through which the government was passing during that pe- riod his services were invaluable ; their history is yet to be writ- ten. Much like Baron Stockmar aiding the different Ministries of the young queen of Great Britian, he guided men in authority here through difficult crises, and out of embarassing complications with wonderful sivill. Thus did he illustrate every position he filled, the sure test of greatness. Mr. Cushing was the charm and delight of every social circle he entered. Though differing with him toto coslo in politics all my 19 146 MEMOIUAL OF CALEB CUSIimG. life 1 nevertheless Ibuml hiin over (lie most agreenblc and entertain- ing of eonipanions, I'lill of elieerralness, full of fact and philosophy, o\Trrtowino- with humor and anecdote. His intimacy with and knowledgt^of public men covered a longer period and a greater di- versity of character, intellectual and political, than any other man, I thiuiv. in our history. All in all. IMr. Gushing was a wonder. It is most fitting that Massachusetts men here to-night should pay tribute to such a character,— one of her sons,— however widely they may have tlilfered from him while living. Remarks of Gen. Banks. Hon. N. r. r»anks,iu sui)porting the resolutions, alluded to the fact that if this country has excelled in anything it is in the pro- duction of character. Of all Americans the character of no one will be longer remembered than that of General Gushing. A man can be honored by denunciation as well as by insincere adulation. General Gushing was no pampered son of fortune. His life was a hard one, and he depended for his success upon his industry. No public man ever exhibited such a great capacity for work. There was no single service the Government or an individual could ask that he would not perform with the utmost alacrity. The speaker paiasion at the Tuillieries. The hour named was nine. Tiie speaker entered a few minutes later, and there was a solitary man in the hall. That man was Marshal Mac Mahou, now President of the Republic of [France. They were both prompt men. ReMAUKS of RlCIIAUl) S. SrOKFOKl) ESQ. Mr. Chairman: — A few words will suffice to-night, ni}' friends, to attest my sympathy with you, as citizens of Massachusetts, in con- MASS. ASSOCIATION AT WASHIIN-GTON. 147 templatiou of the mournful event Avliich hus usseniblcd us together, and my sense of personal bereavement in the death of a valued friend. On some other occasion, when the grateful task can be ac- complished with more of deliberate discrimination than now, when 1, at any rate, shall be betterprepared to undertake it, it will be m^- du- tiful endeavor to connnemorate in some fitting luainier the life and cliaractcr of Mi-. Cushing, as Icnown 'ind appreciated by me tlirougli- out a period of intimate association covering not less than a quarter of a century. To-night, however, in the full consciousness that this association, with its multiplicity of cherished experiences and inci- dents, is for ever ended, I am conscious of that degree of embar- rassed feeling that will permit me to do little more than express my high appreciation of his character and i)ublic services, and, above all, m}' profound sense of those patriotic aspirations and motives by which he was uniformly governed. It has been extremely grateful to me, as a friend and fellow- townsman, to observe with what demonstrations of respect, both of an official and unoflicial character, the tidings of his decease have been received throughout the countr3\ Nothing in this regard, I am glad to say, has been lacking which could evince the lofty esti- mate of his public and private character, and the general recogni- tion of his distinguished career. In that highest of our judicial tribunals, the Supreme Court of the United States, the Held in by- gone years of so many of his forensic triumphs ; by the Executive branch of the government, where he has left behind hiin an endur- ing record in the great office of Attorney-General, and one not less enduring in the Department of State ; b}' the Legislature of jNIassa- chusetts, so many times honored b}- his presence and made illustri- ous by his shining efforts ; by the surviving veterans of the cam- paigns of Mexico, mindful of his military fame ; by the people of Newburyport, whose attachment to him, descending from father to son, through generations, no vicissitude of time or fortune could alienate, and which he ferventl}' reciprocated ; and now here, where we, his fellow-citizens of Massachusetts, sojourners at the Capitol, are met together in the performance of this memorial service, — all that the most considerate and partial feeling could prompt has been worthily and graciously l)estowed in ever}- form of tributary honor to his memory. Thus, it may with truth be said, that if the hour of his death is to be considered unfortunate for the country which still has need of those superb attainments and powers which made him second to 148 MEMORIAL OP CALEB CUSIirNG. none among the statesmen and publieists, it has not been inoppor- tnne for his fame. Nor, conhl it have been permitted to him, through some chxirvoyanee of the mind's vision, to have foreseen what has oceiu'red, would lu; liave regretted, I l)eUeve, with physi- cal powers yielding to the a[)])roa('hes of age, the time of his de- parture. That so iUustrious a man should have been thus widely honored, is but a criterion of tlie country's gratitude for arduous labors in more than one consi)icu()Us sphere of public life, and for services not the less important tliat, in many instances, they have been rendered without the incitement of contemporary fame or the pride and prestige of official station. Few, indeed, have brouglit to the service of the country abilities so distinguislied and diversified as Mr. Cusliing, and to none can be ascribed a more untiring zeal or a loftier i)atriotism. So constantl}^ was he al)sorbed in public affairs from youth to age, so pre-occupied alwaj's with the toils, the studies, or the responsibilities of states- manship, that he has ap[)i'ared to me sometimes to be indifferent to — 1 should ratlier have said to be independent of — those solaces and charms of i)rivate life which are the customary requirement and support of men. Indeed, for him, childk>ss and wifeless as he was, the sum and ultimate of life were found in the idea and name of country ; so that he at least could say, with peculiar emphasis, in the poet's words — " That dear name Comprises home, Ivind Ivindred fostering friends, Pr<)t(;ctiiig laws." Nor was his ck'volion in tliis respect ijrompted by interested mo- tives or a dishonorable ambition. So far from this, it will surprise many to know that it is only within a brief period that he has been relieved from embarassment in his jjrivate affairs, and that he leaves behind him no largo possessions, the ordinary emolument of such labors as he endured. What is still more to his credit, be it said at this time, it concerned him littk> in what direction the winds of popular favor were blowing, the nionib^rs and masters of his life were his convictions of right and duty, under all circumstances whatsoever. Of the pul)lic men of America, living or departed, there is not one who. in my judgmcMit, might with greater justification than he have applied to himself and his public conduct through a long and eventful life language such as that imputed to Cicero, whom in MASS. ASSOCIATION AT WASHINGTOIs". 149 man}' respects he resembled, and which a great cardinal once uttered in the Parliament of Paris : ''In dlfficillimis repuqlicos teniporibm urhem nwiqitam deso- rui, in prosperls nihil de publico delibavi, in desperatis nihil timici." •' In the worst times of the commonwealth I have never deserted the State ; in its prosperity I have asked nothing for m3'self, and in its most adverse moments I never lost hope." When, in a later age, soms great orator of the Republic— the Pericles of its meridan splendor, or, if that be inevitable, the De- mosthenes of its declining period — here in tliis grandest of Capitols, shall revert to our times and recount their history, few names upon the roll of our civic fame will seem more illustrious than his in honor of whom we are now assembled. The attritions of prejudice or passion, the misconceptions of ignorance, the blindness of jealousy or envy, for the time.being, when political passions are dominant, the rancor of faction maligant as now, may, in some quarters, obscure the fame of one who was ever too thoughtless of its vindication ; may serve even to detract from his personal merits and the value of his public labors. But in the future, these, the mere fleeting shadows of the moment, will be swept away, and, gathering a steadfast brilliancy with advancing years, the fame of Caleb Cush- ing will have a secure place and be proudly cherished in the hearts of his countrymen. Thus will our departed friend and fellow-citi- zen have achieved all that in human life is most honorable to men, the fitting reward of those unselfish toils which in the high walks of public duty still make ambition virtue, — ambition which was for him, and will be for the great in every age, "The spur that the clear spirit cloth raise ****** To scorn delights and live laborious days." By all it will then be clearly recognized that the true rank to be as- signed to him is that of one among the greatest of statesman, the most learned of lawyers, the most patriotic of citizens, the most accomphshed of men ; and that, occupying this pre-eminent posi- tion, so great and valuable were his public services, it may truth- fully be said that in his day and generation he was one of the pil- ars of the Republic. A vote was then taken on the preamble and resolutions, which were unanimously adopted, the audience rising. 150 MEMORIAL OF CALEB GUSHING. Dr. Loring moved that a committee of three be appointed to consider the siio-gestion made by General Butler in reference to public memorial exercises, and take action, if found desirable. The motion was carried, nnd General Butler, General Banks, and Hon. (ioorge 1). Robinson were appointed as the committee.* The meeting was then ajourned, sine die. *Tlie House having previously passed a resolution forbidding the use of its Hall for non-legislative purposes, the committee abandoned the propo- sition of Gen. Butler that Memorial Exercises be held there. PKOCEEDINGS OF THE MASS. SUPREME COURT. At a special meeting of the Essex Bar Association, held Januar}' 7, 1879, Hon. Nathan W. Hazen of Andover, Hon. Eben F. Stone of Newburyport, Hon. Thomas B. Newhall of Lynn, Hon. William D. Northend of Salem, Hon. Charles P. Thompson of Gloucester, and Stephen B. Ives, jr., esq., of Salem, were appointed a com- mittee to prepare and report to the Association, at an adjourned meetino' to be held at Salem Court House on the first day of the April term of the Supreme Judicial Court, a suitable memorial or resolutions on the death of the late Hon. Caleb Cushing, for pre- sentation to the Court at that time. At the adjourned meeting of the Association the committee re- ported the memorial, which was unanimously adopted ; and Steph- en B. Ives, jr., esq., president of the Association, presented the same to the Court, Mr. Justice Morton presiding. Judge Morton directed the memorial to be read, and the Hon. Nathan W. Hazen, chairman of the committee, read the following MEMORIAL To the many eminent names before borne on the roll of deceased members of the Bar of Essex County the name of Caleb Cushing has now been added. It belongs to us in commemorating him to trace his career, and to depict his character, as a lawyer, to such an extent as a brevity proper to the occasion will permit. He was a descendant in the seventh generation from Matthew Cushing, who emigrated to this country in 1635, from Hingham, in the county of Norfolk, England : and in the fifth from Eev. Caleb Cushing of SaUsbury, who gave proof of his truly Christian char- If)!^ MEMOJilAL OF CALEB GUSHING. acU'i' li\ iH'iiiii- one of Ihirl y-iiiiu' iniiiislci's wlio signed a letter to (loveiiior Dmllrv in 1707, npnrovinii; the election of Leverett, a layman, (o lie president of Harvard College. 'ri\e snl>Jeet of this memorial Avas born at Salisltnry, in this eoun- tv. .lanuarv 17. ISOd. IK' was edncated for eoUege at Newbuvy- m)|.(, — 1() whieh place iiis father had removed, — niaiidy, it is said at tile private school of JMichael Walsh, .anthor of a once famous aritiimetic. Entering college with an imperfect [)roparation, he made snch progivss in his studies that he was awarded the saluta- tory oration, and graduated before ho was seventeen years old. It is renuMubered of him. that in college he was reserved in his inter- course ; that lu' sought no aid from others, and nothing was known of thorouglnu'ss of his studies until its fruit Avas develo[)ed. After being tutor in the college one year, he studied law in the olllce of Kbeuezer IMoseley at Newburyport, and was admitted to the Com- mon Pleas Uar Di'cembi'r 7, IS:.*!, and afterwards at Suflblk to l)raetice at tiiis bar. !lis studii's at this time wert< various, and he accpiired a wide fame foi' general knowleilge. In liis profession he seems to have been content to in)ld an eipial rank with the very res|)ectal)le gentle- men who tiien comi)osed the bar of Newburvi)ort. Ills lirst re- port ihI ease is November 7, 1S2G. Rufns Clu)ate was admitted Seittember 7, l.s-i.'). It might be ex[)ected that contemporary, so long as they were in the same county, they would often be retained as opposing counsel in the same suit. Tiiere is a single case re- ported in which this oc-curred. No doubt there wiu'e other encoun- ters between them. In 1S;52 there Avas tiled a bill in eiputy praying for an injuni'tion ; Choate for plaintills, Cushing for defendants. On the hearing before C'hief-.Instice Shaw, he remarked, in granting the prayer of the bill, that, so far as he knew, it was the first iujuuction issued in the couunouwealth. In an indictment against the proprietors of Newburyport bridge, on the trial before a jury, Mr. Cushing in the defence, the common- wealth had the verdict. INIr. Choate was then retained, and it was discovered that the indictment did not expressly allege that a bridge had ever l>een built. The [iroceedings were thereupon quashed. In 1S27 Mr. Cushing met .Mr. Webster, then in the maturity of his fame and power. The arguments are reported at unusual length. As reported, they do not seem to have aided the court, whose decision is put on ground not assumed by either of the counsel. SUPKBME JUDICIAL OOUJir OF MASS. 153 iVIr. (,'iisliinji' was elected U) Congre.s.s in 188;>. He soon l>ecuiue :i (listinjiiiished meinljei' of the House of Representatives, and was placed iij^on tLi(! eouiniittee on Foreign Relations. In this capacity he made some highly valuable reports, even then developing unset- ilc'i questions between this country and Great Britian, During his servi<'e in ('ong)'ess he seems nearly to have ceased his practice at the bar. In \H4'.') he ai"ce|jfed the ntission to China. His instructions were prepared Ity Mr. -Webster, whose son accompanied him as Secretar}' 1)1" Legation. lb; was (;minently successful in negotiating a treaty, wliicli wliiie it remained tlie rule lietween the nations served every pui'posc; of jjeace and connnerce. To this suc(!eeded iiis military scnvice in Mexico, which closed ill ]K,\s. lie then o)*ened an oflice in Hoslon, and I'esided at Newburyport. l"or tile succeeding years there is no marked trace of him in his profession. Vnnn what lias since appeared, these years wei'e prob- ably spent Ity him in the study of the law I>y the same haliits -which he had observed wIkmi in college. A statute was |>assed April 20, 1)S52, giving an additional judge to the SupreiiK! Judicial Court of Massachusetts. Mr. Cushing re- ceived the appointment, aiul took his seat on the bench at Suffolk in July following. A nisi prlus term ol' this coLirt was then by law held on the sec- ond Tuesday of September in Berkshire, one week before the law teim in the same (toiinty. This was the first term held tor jury tri- als iifter his ai)pointineut ; it was assigned to him. Whih- his reputation for general ability was famiUai- to them, yet the long period which had intervened since the limited practice of the; law. which he ever attained, had wholly ceased, without notice of any later study, or of even an apjx^arance in the prof(;ssion known to them, made his advent into tlu^ii- county to preside at tiKiir term of its highest court, looked to with an uncommon inter- est liy tile learned bai' of Bei'kshire. There was :i single jury t.iial : it was in a real action, and in- v<^lved some (fuestions upon subjects not of frequent occurrence. Judge (,'ushing reported the (;asc. Abandoning the usual imper- sonality, he re|)orts. '■ I was of opinion : " -'I admitted the e\a- deiiee ; " *" 1 instiu(;ted the jury." Tlie rulings and instructions were embraced in five points to which exceptions were taken. Mr. Justice Dewev, <'ivin;'' the opinion in the case, closed it with these 20 154 MEMORIAL OF CALEB GUSHING. words: "Tlu' result is :ill tlic cxciiptious overruled." Upou the trial of the cause ht'fore the Jury, he seized at once the point raised. and was clear antl prompt in his ruliu,<>s. Through the term he was patient and courteous, and exceedingly gracious to the counsel. During the weeic lu' found leisure to be present at a trial l)efore a justice of the peace. After it was concluded he gave the magis- trate advice as to some points of j)olicy to be observed, and of the duties of his otlice generally, wliich was much valued l»y the recipient. While till' o])inions of the court Jiave an eipial value, each par- takes the idiosyncrasies ol' its aiithoi'. 'I'hose of dudge C'ushing exiiibit the great extent ol" his reading, the thoroughness of his studies, and the la'cnness and vigor of his intellect. His criticisms of reported cases are often highly instructive. In the second case whosi> ()i)inion was given by him. he corrt'cts misconception of the law in reference to trustees sununoned. which, from till' cases cited, seems to have liecome general. In the same term, he criticises an Knglish c;ise. which he calls the anomalous case of Austin V. Drew, and couuuents upon it as given bv four ditferent reporters, each report ditfering from all the others. His opinion in the case is remarkable for the mastery which he exhibits over this whole series of reports, and for the clear nde of law which his ratiocination deduces from the whole. His opinion in the aflirm- ative. that larceny nuiy be connnitted of |)roperty of one who has unlawfully ac([uired it. is so drawn as to I'ecoucile in the case law, morals and public policy. It would not be sale to assert, that all his opinions may l)e held uj) as models, it may however be sugges- ted that each will tend to persuade the reader of its Just right to authority. .\t college and in early life the elocution of iMr. Cushing was de- fective. The more rapid rise of Mr. ( hoate is nnich to be attrib- uted to his more ready and impassioned oratory. Whatever were the natural defects of JMr. Cushing in tliis respect, he subdued and corrected them until he became one of tlie most etiicient speakers of his time. He presided at the National convention held at Charles- ton. South Carolina in l.SGO. and began his services on this occa- sion by an address to an audience of three thousand pei'sons, when every syllable of his speech reached every one in the vast hall capa- ble of containing such numbers. For ten consecutive days, the Sabbath only intervening, he presided over a meeting of more than two hundred and (ifty members, holding for the most part two daily SUPREME JUDICIAL COURT OF MASS. 155 sessions ; the jisseuiljly nil the time engaged in excited debates, and in the end unable to come to any agreement. The capacity for la- }>or and of endurance shown by him on this occasion display the re- sources, mental and physical, which sustained him in tiie intense and protracted efforts to wliich he was subjected in the course of l)is later professional life. He was i)erfectly formed and of medium size ; liis features regu- lar and handsome ; liis face Avas highly expressive ; in early youth it betrayed all his emotions. On one of his first entrances into the court h(Kise at Salem, he attracted the attention of Mr. OUver, the learned author of Forms and Declarations, and of the Conveyancer, who inquired with much earnestness who he was : "For," said he, "he is the most ambitious person I ever saw ; since he has sat there his face has Hushed and paled half a dozen times." The life of the subject of tlie augury has verified its truth. In iNIarch, 1853, Mr. Cushing accepted the office of Attorney General in the administration of President Pierce. The printed opinions of those officers, to the present time, fill thirteen volumes, of which those of Mr. Gushing are comprised in three volumes. These give vivid and clear views of American liberty and modes of goA-ernment ; they show how smoothly and how safely to the citizen they operate when guided by the law and controlled by the consti- tution. Nowhere better than here can the citizen reillumine the light and heat of patriotism, or the student better learn to appreciate the value of the political institutions which protect him, and which he in return is liound to supp(n-t and cherish. They measure, too, the crime of whomsoever should substitute for them violence and arms, or persist in conduct caUnilnted to stimulate others to such re- sorts. Nobly, on several occasions, did the attorney-general defend and vindicate the honor and interests of his country. The necessities of Great Britain foi- the supply of soldiers to its armies in the war then pending with Russia led to attempts to enlist men in this coun- try. The British ambassador then here, and some of the consuls of that nation, shared in these attempts. These violations of the most sacred rights of a nation were reproved by Mr. Cushing in a manner likely to prevent their repetition in all future time. Application was made to the government for an indemnity' for the alleged use of .lackson & Morton's patent for ana^sthesia in surgi- cal operations, which was referred to the attorne3--general. After a full hearing he decided against the claim, on the ground of the in- 15f) MTIMORIAL OF CALEB GUSHING. validity of tiie pntonl. Artcr discussing- vai-ions i)oints of l:iw, lie doses Ins o])inion in this scienlKic manner: '' 1 tliiiik that in tiic nuitter out of wliicli cjiuk; tliis patent, a sig- nal service was perfoi-nied, lionoralile to the parties and to theii- country. It was not tlie iliHiuxuinj of the anodyne elfect of tlie in- halation of ether or other auiestlietic agents : it was not the inven- tion of tlio performance of surgical operations on tlie luuiian body which reduced to temporary insensilMlity l»y ana'stliesia. Tliese were ideas familiar for ag(>s to men of science, and tlu' discovery of avhich no more belongs to any individual, as pro})erty, tlmn elec- tricity, the fusil)ility of metals, llie sp(!cilic etfects of opium, cin- chona, mercury, tlie capacity of sleep, which ("ervantes speaks of as a vahialile invention, oi- any other of the ascertained qualities of matter, functions of animal life, or laws of inanimate matter. Neither of these tilings constitutes that honorable service performed in the [iresent instance. That servici' consisted in the suggestion and execution of a series ol" experhnents. which resulted in demon- strating the safety and utility of emi)loying moi'c frequently than had lieen done heretofore the known agents of ansesthesia. l)v known methods, in order to the known end of facilitating surgical opera- tions. That was a great good, and worthy {\\w honor." ''There* could lie no (piestion of patent in the successixe steps of discovery and demonstration, which, beginning with Coiiernicus. continued liy Kepler and (bilileo and consummated by Newton, un- folded the mysteries of the law of gravitation, and the composition ot the solar and planetary systems of the universe." '• So there can be no patent for the expansibility of heated acqneous vapior, nor for its apjilication to use, as a mechanical force : but there may b(> for specilic instruments or methods of such 'a\)\A\- cation." " In like niauner. electro-magnetism i^annot l>e patented, nor even its use as a, means of communication, but particular means of its employment may he patented." Since this opinion w^as given, the public has not heard of claims made under this patent. Mr. Choate w.-is retained and went oiuh', at least, to Washington in reference to it. If it was formerly the part of Mr. C;hoate to in- form M\\ Cushing that, so far as the indictment went on which his clients had been found guilty in liuilding a bridge, tlie bridge itself might l)e a myth, it was now the part of Mr. Cushing to apprise Mr. Choate that the letters patent of his clients were a Hgment. SUPREME JUDICIAI. COURT OE MASS. 157 These distinguished brethren held each other iu high esteem. The}' became, with Robert Rantoul. jr., joint purchasers of a large tract of Western lands : the whole speculation w^as finally assumed by Mr. Gushing. It subjected him to the vicissitudes of frontiei- litigation with an antagonist who proved to have equal determina- tion. A long and undecided contest l»etw(H^n them was closed ])y a N'oluntary partition of the estate. The steadiness and intelligence with which the attorney-general held to the rule of law, his love and reverence for the constitution, his complete knowledge of the history of his country, must have been highlv promotive of the success of any administration. That of President Pierce has accordingly been said to have been one of the most successful. Perhaps the affluence of learning, the skill of interpretation, and the power of analysis displayed in the three vol- umes of opinions by Mr. Gushing are not excelled in these charac- teristics by the work of any lawyer in the English language. The reader of these opinions will observe and admire with what care their author has derived our political institutions, liberty and rules of judicial decision from the common law, and has drawn their origin from its fcjuntains, from the Year Books, from Coke, Plowden, Viner, and all the ancient sages of our jurisprudence, and has traced the recognition of its precepts and principles through the whole series of modern reports, and even in the latest text writers. These researches were his owai work, seldom aided )\v counsel on either side of the question presented. In this office, as Avell as in Congress, the grounds of controversy existing Ijetween this country and CJi'(>at Britain excited his atten- tion, and he considered them as they occurred to him. After his retirement from office he was i-efained in many highly important suits. One of the most remarkal)le was that of the Gaines claim to land in the city of New Orleans. The case in which he w-as engaged for the plaintiff and claimant, was the sixth suit in the Supreme Court of the United States for the same prop- erty. Each of the five former actions had been decided in favor of the defendant, who, however, was not the same person in all the suits. The record of the case in question consisted of one thousand printed pages. Among the sul)jects of investigations, one was into the criminal jurisdiction of the Spanish Inciuisition. Judge Wayne in closing his opinion for the claimant said : '' When hereafter some distinguished American lawyer shall retire from practice to write the history of his c-ountry's jurisprudence, this case will be regis- 158 MF.MOIMAI. OF CALEB CTTSHTT^C. t;M'iMl !)v liini :is 111" most, i-ciiKirknUlo in tlu' ;uiii:ils of \\h courts. " Tlu'TrcMit Mllair \v;is ;iii c.Mrly incidiMit of the late civil war. The captnro of the Confederate citizens was the subject of oeneral grat- ulation. ^Fr. Cusliinp,- decided at once that they could not be held, but nuist be surrendered upon the Hi'itisli demand. His judgment prevailed, and was carrie(l into etl'ect l)y a dis|)a,tc[i, to the writing of which he contributed, but its entire authorship is not to lie as- cribed to him. He saw in this event a sullicient cause for waking into life all the elements of discord subsisting between the two na- tions and our entran<-e into war with the wrong on our side.* Through the civil war Mr. (•ushing was constantly consulted by j^Ir. Seward. So frequently wer<' tiie calls for this iMupose. that Mr. Cushing was inchiced to remove to Washington. Aliout this {)eriod he was on a learned commission to revise the Acts of Congress. Those who have had occasion to explore the vast and intricate mazes of the United States Statutes at large, will best comprehend tlie labor and care necessary to the ])erform- ance of this duty, as it would be pei'formed by him. "When the war had ceased llu" American government claimed from that of (ireat liritain reparation for damages inllict<'d by it u})on this country during the contlict, and by reason of its existence. Mr. Cushing has stated more Ibrcibly. than has been done by any other person, the charges tf) which the iiritish government had thus sub- jected itself. The negotiation of the Clarendon Johnson Treaty followed, which was I'ejected by the Senate. The alti'rnatives were war or fresh negotiation. The studies of Mr. Cushing had quali- tied him for an activ(> agency at this crisis. lie had an enumeration of the atfairsand interests unsettled between the go\'ernments. He found there were five ditierent sul)jects. involving forty-three arti- cles to be provided for in any Treaty which should be a perfect set- tlement lietween them. 'IV) negotiate such a treaty successfully must be the work of great knowledge and sagacity, of vast labor, and of nnich delicacy. \\ hen it had been agi'ced to negotiate, live connnissioners wi're ap- pointed on the part of the United States, three of whom spoke only when otllcially called upon, leaving tlie negoliation where it l»e- longed, in the hamU of the government, which for this puri)ose con- sisted of ^\v. Fish here, and Mr. Sclienck in Loudon. It is not pretended th:it the Seeretarv or the Ambassador had more than a *See note at the end of this ISreinoriai. SUPREME JUDICIAL COURT OF MASS. 159 general knowledge of the snbjeets of negotiation. Mr. C'ushing liad analyzed and classified them. They were fully in his mind, and could be dealt with by the ability he was so well known to possess. This state of knowledge upon the subject made it inevitable that the conduct of the negotiation should receive its first impulse from Mr. Gushing, while the ultimate decision and responsibility rested elsewhere. The result of the negotiation was the treaty of Washington, which does provide for a perfect settlement between the two na- tions, embracing specifically the five sul)jects and forty-three arti- cles enumerated b}- Mr. Gushing. It referred the Alabama claims to an arbitration before which the United States and (Jreat Britain were to appear, as parties to a suit at law. Mr. Cushing was counsel and agent for the United States. The American case, as filed with the arbitrators, consists of eight octavo volumes, comprising 5244 page's. Tlie British case is con- tained in three volumes, and covers 2'S23 pages. The British . coiniter case is in four volumes folio ; this is equivalent to the plea and answer ; the American is in three volumes folio. The United States claimed for consequential damages : for dam- ages to the nation in its sovereign capacity, as well as for damages to the individual citizen. ^luch heated discussion through the pi*ess followed up(^n the disclosure of the American case stating this claim. While the discussion went on, Mr. Gushing made his headquarters at Paris, as the great centre of international commun- ication, and was busily engaged in preparing the American counter case, and in watching the current of discussion, and the state of opinion. When, therefore, the arbitration assembled at GencA'a, he was well informed of all the influences to which an}' had been suli- jected who were concerned in it. The arbitrators took cognizance of the claim for consequential damages, the injiuy dcjne to the sovereignty of the nation. It was hence that the sum awarded, so nuich more than covered the claims for in(livi(bial losses. The result was a triumph for our country. The honor of its achievement belongs to 3[r. Gushing. To him also belongs the higher glory of being author of the Treaty' of Washington. Thus at Geneva, on the same plains of Europe where Waterloo and so many other bloody Ijattles have been fought in every age in the settlement of national quarrels, our country-, without shedding one drop of l)lood or adding one pang to the sum of human misery, IGO MEMOKIAL OF CALEB GUSHING. vindicated luTscif gained Ju.slice. and a victorv lull ol" liloiy, over the most powerful oC nations. In all this Mr. ('ushing was as much the leader, as he would have been, if the commander of a conciuei-iuii- army. Equal honor at least is due to his mi-mory. as if he had won the triumph by force of arms. These services wei'e I'cndeivd by iiim bj his country, as a lawyer. It was his learuiiiii and slai'ied knowledge that one lawyer was ever called to furnish for his clients" aid and })rotection. During both the administrations of Mr. Lincoln and Mr. John- son, the assistance of Mr. Cushing in the diplomatic discussions of public law by the State department wa.s often invoked and highly ap[)reciated. When i)ast seventy years of ;ige General Grant wisely selected him as one of the counsel ibr the United States on the occasion of the (Jeneva arbitration : and on his return nominated him for chief Justice ot the United States. Political reasons induced him to de- cline the nomination and subsequently to accept the mission to Spain, with which nation many complex (piestions had brought our government into very delicate I'ehitions. In 1877 he returned home, resumed the practice of law, and died with the harness on. retaining till the last his powers of mind unim- paired, and exercising them with an industry that never faltered. Ill this brief sketch of the l)rilliant career ol" this distinguished sou of our Commonwealth, culminating in the highest spheres of duty of his profession, we cannot, as members of that profession, fail to appreciate his allegiance to it. in that, while ever sensible of. and often yielding to the attractions of literature, statesmanship and diplomacy, his active mind, in Ms uiaVure vigor, found its oreat- IWITED STATES CIPCUTT COURT. 167 est scope and most constant exercise in tiie [)i-actice of the law. His impressive oratory, conspicnons alike in his public life and at the bar. the large and varied attainments in literature, statesman- ship, diplomacy and law. which his discriminating- mind, extensive reading, retentive memory, unflagging industry, and an intellectual force which failed in its energies only with tlie end of a prolonged life, enabled him to accumulate and connnand, have stami)ed him as one of the most marked men of his country and time. We, his l)rethren at this l>ar, desire in this memorial to bear oni- testimony to his eminence and his worth, and to place this, oin- tribute, upon the records of this court. TJie Hon. Charles Levi Woodbury, who presented the report, spoke brieriy in eulogy of Mr. C'ushing's legal talent, choosing to give the other speakers an opportunity to speak ui)on his other <|ualities. He praised his kindness to the young members of the bar. and said no words could add to his fame as a jurist. He, also, spoke of the l)rilliancy of liis conversation, the variety of liis stores of knowledge*, and the great services he liad rendered in the state legislatuiv. to the jurisprudence of the conmionwealth. He i<'ferred to the regard liis fellow- citizens of Newburyport had always shown for his woith and usefulness, in frecjuently electing him to the legislature without regard to party lines, when in general politics he was with tlie minority. This fact was an h()noral)le monument of tlie courage and pul>lic spirit of Xewburyport, and and an eloquent eulogium on the private worth of General Cush- ing. General Benjamin F. Butler then said : Mk. Chaikman : — On occasions like the present, when appre- ciative friendship commemorates the services, and recalls with kind- ly thought the striking traits of character, of one Avhom it seeks to honor. I have \-ery often thought ■■ The i)oor comniou words of couitesy Are such a very mockery." I therefoi-e crave indulgence if I deviate from the well-worn track to take the opportunity of giving expression to some of the peculiar traits of character, as shown in tlie course of the iirofessional life and pa1»lic services of Mr. (Jushing, as they have liecome known to 168 MEMORIAL OF CALEB GUSHING. UK' through a fricudsliip ol" tlie duration of more than a generation. Tlie peculiarity of Mr. Cusliino- as a lawyer I deem to have been, that he was pre-eminently learned and great in one branch of the law, and most eminent in all. Other lawyers of his generation had some specialty in which liiey shone conspicuous over all; but, s|)e:iking in the hearing of those who know. I insist that it was his characteristic, that, while hv stood foremost of all -as learned in public laAV. he was equal to any in his learning in every branch of the law. A great English statesman made the charge upon our profession, that ''learning in the law narrow^ed the mind." If so, Caleb Cushing was most proudly an exception to that rule. In every department of belles-lettres, in acquirement of languages, in knowledge upon scientific questions, in acquaintance with history, in knowledge of ethnology, for thorough and intimate mastery of every branch of political science, he had no su[)erior, if even an equal. If called upon to give the leading idiosyncrasy of his character, I >liould sum it all up in tlie word •• loyalty ; " covering by that term personal fealty to friendshijjs, taithfulness to a fault in every ser- vice, professional or political, in which he was engaged, and, above all, loyalty to his country and her G-overnment. bearing true faith and allegiance to his State, always sul)servient to his higher and l)i'oader obligation to the United States. As her citizen he held in iiigh honor the Connuonwealth of Massachusetts. No more elo- (juent or worthier tribute has ever been paid to Massachusetts than fell from his lips in early life in his first appearance in the Congress of the United States. Not blind to what he deemed her faults, — ever tender of them, — he w'as eagle-eyed to discover and eager to point out her virtues. But to the Government of the United States, to the whole country, he bore, if I may so ex[)ress myself, a higher and holier allegiance. To him the fiovei-nment of the United States Avas an entity. It mattered not who administered her affairs : he served his country with equal fidelity, whethci' those charged with the execution of her government were political friends or foes. To him the (Government of the Ignited States, using his ow^i words, was a •• fixed fact;" and he evi'r strove to serve his Government, irrespective of the per- sonal (|ualities of the men who for the time being exerted its powers. Like the Highlander wdio sacrificed, one after another, his nine brave sons to cover the cowardice of his chieftain, so Mr. Cushing Avas ever nsady to give up everything to serve his Government, however much he was opposed to the idiosvncrasies of those at the UNITED STATES CIRCUIT COURT. 169 head of it. This was seen in his treatment of John Tjler's admin- istration ; and this trait of his character caused the careless and un- thinking not unfrequently to misunderstand his acts and impugn his motives. Men. and great men, liave ofttimes used their mighty powers to thwart the purposes and eml)arrass the action of administrations to which they were politically opposed. Not so with Mr. Gushing. Never assuming that any man whom the people had vested with the administrati<^n of tlie government could wish to do aught but what might redound to the unity and prosperity of his country, Mr. Gushing, from the very bent of his mind, sought opportunity and found reasons for supporting ever}' act of Government. This trait was as fidly illustrated as in any epoch of his life when he served as the law officer of the Government during the adminis- tration of President Pierce. Learned lawyers, astute politicians, and in some instances profound statesmen, had occupied the posi- tion before him ; and until he took the office the Attorney-General was in the habit of accepting retainers to argue private cases in the Supreme Court. He put an end to that custom. Devoting the whole energies of his nature, his untiring industry, and great ca- pacity, to the service of his chief, who, in his eye, was the Pres- ident of the United States only, and his superior, he raised the of- fice of Attorney General, and organized it to be in truth and in fact a department of the Government, and the Department of Justice. His knowledge of atfairs, his great learning, pervaded and became an aid to ever}' portion of the administration. It is no discredit to tlie statesman who ^ere in the cabinet, to say that they all relied on him. How thoroughl}' this was so. will be seen in the three volumes of his opinions, which contain a body of public law, a series of discus- sions upon every possible question of administration and every l>ossible relation of the Government to the people and to the States, which is nowhere equalled since Bacon in thoroughness of argu- ment and scope of knowledge. Nor do Mr. Gushing's labors all appear in these volumes. He aided the Secretary' of State, Marcy, — than whom none was greater, — in defining our relations of neu- trality as between Russia and Great Britain, and laid the founda- tion of that code of laws which should govern neutrals, which ^ears afterwards stood for so much when we claimed b}' the treaty of Washington reparation for the violation of neutrality by Great Britain in the war of 1861. Mr. Gushing Avill l)e found to have 22 170 MEMORIAL OF CALEB CUSHEN^G. systematized the adiiiinistratioii of our laws in relation to our publie lands, especially in that most difficult part as applied to territory newly acquired froiii Mexico. The unity of a President and his cal)inet preser\ed during an en- tire administration is thought to be a desideratum. The cabinet of President Pierce has the merit of having been the first and only one which did not change in its personnel during its four j'ears of ad- ministration. This result, as 1 hapi)en to know, was dut'. in one instance at least, not only to the executive^ tact and grace of the President, but largely to the patriotism, Uie good sense and the judici()us ac- tion of Mr. Cushing. in delinitely settling, in one of his exhaustive opinions, the line of demarcation I)etweeu tlie rights, powers, and iluties of the Secretary of Wai- as a civil officer, and of the gen- eral of the army and liis suliordinates as military officers. Lieut-Gen. (Scott, the concpieror of Mexico, tlie candidate against Gen. Pierce for the office of President, during his administration connnander of the armies of tlie United States, claimed for himself and liie officers of the army extended powers and rights in the con- duct of the army and military subjects, whicli Mr. Davis, the Sec- retary ry clever correspondence between Davis and Scott, which was printed at the time, and which quite rivalled the celebrated Marcy-Scott controversy. MeauAvhile the Mexican UNITED STATES CIRCUIT COURT. 171 accounts of Scott and other administrative questions came before Pierce on a sort of appeal, and he referred a part to Attorney-Gen- eral Gushing for his advice ; and upon that advice, when received, the President decided to act. This so anno^-ed Mr. Davis, that he tendered his resignation, which Pierce promptly accepted ; but, on the intervention of Mr. Dobbin, the advice of Mr. Gushing and the action of the President were seen by Mr. Davis to be so just, that lie asked to withdraw the resignation. From the time Mr, Gushing left the office of Attorney-General, in in 1857, he has never ceased to be the called-for and chosen ad\d- ser of ever}' successive administration, down to the present, in diffi- cult questions of internal policy or foreign relation. We can see proof of this, as we refer to other and later acts of his life. Mr. Gushing foresaw very earlj^ the necessary' and inevitable result of the agitation of the slavery question in the disruption of the Union. Although humane and kind-hearted to a fault, yet the wrong done to the slave touched him not. And why? He saw clearly that the bonds of the slave could not be broken unless the ties which bound his coiuitry together as a nation were to be severed. If that was to be the dire result of the liberation of the black man, what was slavery weighed in the other scale ? By his loyalty to the countrj^, he sat- isfied his conscience and his judgment that it was better that hun- dreds should perish in slavery, if need be, rather than that his coun- try should be dismembered and destroyed, or thousands die to save it. He believed that in the unity of the country was the hope of mankind for free institutions and free government. If the Union was destroyed, and our s^'stem of government failed, — he believed it must fail before slavery could be 'eradicated, — then, to him, all was lost. To use his own words, which I may also quote in another place : '• I have no desire to survive the overthrow of the Government of the United States." Nay, more : he believed further that slavery- could not be eradicated without war ; and he believed that the re- sult of such a war would be to establish imperialism ; and he gave voice to that belief in Norfolk, when he uttered that which has now become an idiom of our language, ''The march of the man on horseback." Is it quite certain that this belief was not prophetic, and such will not l)e the secondary- effect of our great war? May we not thus well see, that with this habit of thought, believ- ing all this, seeing it so cleai'ly that he may be said to have known it, — can we not understand how a just, Idnd-hearted Christian man, 172 MEMORIAL OF CALEB GUSHING. in the choice of two evils, said in his lieart, " Better slavery, great as its evil, than to fly to ills we know not of? " In 1860, therefore, his only political thought was, How can the Union of the States be i)reserved, and the Government perpetua- ted? and how can war be averted? for. with the last, the de- struction of the others nuist surely come. To attain this end. ev- ery concession must be yielded, every sacrifice must be made. To accomplish this, he went to Charleston in lS(j(), and presided over the convention of the Democratic party for ten successive days. He saw, with unutterable anguish, the delegates of six of the cot- ton states secede from that body. If that secession went on, war was inevitable ; and his thought, and that of those who acted with him was. What can be done to bring these states back? A rapture of the Democratic party was a mixture of the Union. An adjourn- ment to Baltimore was carried ; but, when the convention re-assem- bled there, tlie places of those seceding delegates were filled by men elected subsequently to the adjournment, and who wholly misrepre- sented the feelings of their States ; and the convention divided, and two candidates for the Presidency were put in the field by the Dem- ocratic party, in two factious. The rest is history. In December, 1860, after the election of President Lincoln, when the commissioners from South Carolina came to Washington to pre- sent the ordinance of secession, Mr. Cushing deemed war a certain event. On the 23d of December of that year, with two or three personal friends in Washington, the certainty of the approach of war was discussed ; and one of those friends turned to myself, and said. '-Well, Gen. Butler, you are a general in the Massachusetts militia, and if the war comes 3'ou will have to go. You had better resign your commission uoav." — " No, general," interposed Mr. Cushing, "certainly not ; it maybe that to the military organiza- tion of the North the country will have to look for its safety." Then, lost in thought for a moment, he looked up and said, "What would one give to know which subaltern of the United States army will be the next President ol" the United States?" From that hour he took Init one part in pul)lic affairs, and that against his own judgment at the request of others. Mr. Cushing made a journey to (jharleston at the request of the members of the Supreme Court, to do what he might to stay the tide of secession until better and wiser counsels could prevail. This patriotic effort was misrepre- sented by the press ; and it was charged and believed that he went to South Carolina to give advicu; in the interests of reI)elliou. UNITED STATES CIRCUIT COURT. 173 Sumter surrendci-ed on the 15th of April, 1861. On the 24th of April, at a flag-raising in Newburyport, in the presence of his ^fel- low-citizens, Mr. Gushing made a speech, from which I abstract the following paragraph : — 'He had before him the question which had occurred to public men in other countries when political convulsions divided friend from friend, and brother from brother, and sometimes ari-ayed them against one another in hostile camps and In deadly strife. What, in such a case, is the dictate of duty? Should we retire Into safe seclusion In a foreign country, to return in better times, to wear the honors of freedom, like Hyde? or should we re- main to affront the perils of our lot, like Falkland or Vane? The latter course, if not the safer one, is at any rate the more courageous one. He [Mr. Gushing] chose so to act. He was a citizen of the United States, owing al- legiance to the Constitution, and bound by constitutional duty to support its Government, and he should do so. He was a son of Massachusetts, attached to her by ties of birth and affection, and from which neither friend nor foe should sever him. He would yield to no man in faithfulness to the Union, or in zeal for the maintenance of the laws and the constitutional authorities of the Union; and to that end he stood prepared, if occasion should call for it, to testify his sense of public duty by entering the field again, at the com- mand of the Commonwealth or of the Union. Acting upon the same patriotic impulse, lie wrote a letter to Gov. Andrew, which I transcribe : — Neavbukypout, 25 April, 1861. Sir,— I beg leave to tender myself to you in any capacity, however humble, in which it may be possible for me to contribute to the public weal in the present critical emergency. I have no desire to survive the overthrow of the Government of the United States. I am ready for any sacrifice to avert such a catastrophe, and I ask only to be permit ted to lay down my life In the ser- vice of the Commonwealth and of the United States. I am very respectfully, C. Gushing. His Excellency John A. Andrew, Governor of the Commonwealth. This official communication was accompanied liy an unofficial let- ter, in which he called to the governor's mind tlie political differen- ces betw^een them, but that now all political questions were buried, iu view of the raging war. Were ever sentiments of purer patriotism uttered or written? Was ever a more generous offer of great capacity, of untiring indus- try, and of full allegiance botli to his State and nation, with desire to lay down his life iu the service of either, made by mortal man? Was this any new position, in time of war, for Gen. Cushing to take? On the Sth of January, 1847, when speaking of the duty of 174: MEMORIAL OF CALEB GUSHING. Massachusetts men as to another war tlien raging, and urging that the Coninionwealth should take part on the side of the country, Mr. t'usliing said. — " Parties iiiay play with public affairs in time of peace, and agitato iii)on tliis or that trivial question of the day; but when war comes, parties cannot stand before it; in its irresistible marcli, it crushes them like a tornado tear- ing its pathway througli the forest. It absorbs, controls, dominates, all the passions and emotions of men and of nations." Have I not well said that the characteristic trait of Mr. Cusliing was loyalty to his country. All remember the answer of Ciov. Andrew, — in substance that Massachusetts had no plact-, in council or in field, for such a man as Caleb Gushing. That answer was cruel; but not now is the time, or here the place, to aninnidvert upon it or apologize for it. How ^^r. Cushlng regarded it, you may see from a letter written at the time to a life-long iViend : — NiiWUUUYPORT, 2 May, 1861. Dkau Siu, — Tiie Governor's letter is merely insulting. It is in the spirit of the atrocious acts proposed in New York and Boston, which imply the utter barbarism of the whole North. This letter relieves my conscience of the sense of public duty in virtue of allegiance. I am reflecting on passive probabilities, remaining in Massachusetts to meet the worst, an exile, or emi- gration to California or the Xorth-west. 1 have been very l)usy, assorting and liliug jiapers fur any emergency, and am now i>retty nearly ready. Yours, C. C. The effect was not to cause (hishing to swerve one hair in his loyalty to the Government of the United States. With many men it might have been different. In the autunm of LsGl wiser counsels prevailed, at least in the administration of the Govermnent of the United States; for Presi- dent Lincoln himself authorized the recruitment of a Division in New England, and otlicered it by an order under his own hand, the majority of the commanding ollicers of which had been associates of Mr. Gushing in the Gharlestou convention, and nine-tenths of whose men had voted with him at the polls against Mr. Lincoln. I'his Division was specially designated for operations in the Gulf Slave States at the mouth of the Mississii)pi. In tliat hour of deadly peril, woidd it have been well to have dri\im away from the service of the United States every Democrat who had preferred the unity of the country to the extinction of slavery? That (luestion, historv has answered. UNITED STATES CIRCUIT COUKT. 175 While this Division was organizing, came the seizure of tlic British mail-steamer '• Trent," b}- Capt. Wilkes, and the capture therefrom of Mason and Slidell, the Confederate ambassadors to England and France, with their retinue. This capture raised very grave questions of intei-national law between this country and Great Britain, whether this act of Wilkes could be justified by his Gov- ernment. Upon this question the opinion of Mr. Gushing was asked, first by Mr. Secretary Seward, and second by the merchants of New York, through the mayor of the city, l)ecause its solution had an important ])earing upon their commercial adventures. I have be- fore me a printed copy, bearing date Nov. 29, 1801, of the opinion to the merchants of New York. I myself carried tlie opinion of Mr. Gushing — in which he paid me the great com[)liment to ask me to unite — to Washington, and read it to Mr. Seward. His re- pl}' was : " You gentlemen are doubtless right in your law ; but I shall be obliged to send back Mason and Sliddell, notwithstand- ing." That opinion. I doubt not, may be found among the papers of the case in the archives of the State Department. Well and vigorously reasoned, supported by copious quotations from leading writers of international law, and jurists, especiall}- those of England, including Lord Stowell and Philimore, that opin- ion was most emphatic and decided, that Wilkes not only should be justified by our Government ; but, further, that we were entitled to hold the rel)el ambassadors, and England had no just cause for complaint. I take leave to quote a few of the closing sentences from Mr. Gushing's opinion to the merchants of New York : — " Those gentlemen, when brought within the jurisdiction of the United States, ;ire sul)ject to be dealt with as prisoners of war, or they may be pro- ceeded against for treason, as Mr. Laurens was; but they could not be dealt witli by us in either of tliose capacities while they were on board ' The Trent.' We are to find a I'eason to justify their personal arrest while there. We have that sufficient reason, I think, in the fact that they were diplomatic ministers of the government of the insurgent States, commissioned as such, and as such destined for Great Britain and Fiance. That is the simplest expression of the case, and, in my opinion, the true and only tenable ground on which to main- tain the act of Capt. Wiil ,v .^^ ^t. X ' .% ^< i-. 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