For all that, when the case of the slave girl Matilda was brought to his door he defended it deliberately, earnestly and with all his might. Of course it was decided against him, as in those days, such cases were sure to be.
As Chase left the court room after making his plea in this case, a man looked after him and said, "There goes a fine young fellow who has just ruined himself." Listening, however, to this very speech was a public man of great ability whose efforts afterwards went a long way towards making Chase United States Senator; and to-day we see that same young lawyer on the bench, Chief Justice of the United States.
The decision of Chase in this matter was not merely from the temporary impulse of kindly feelings, but from a deep political insight into the tendencies and workings of the great slave power. His large, sound, logical brain saw in the future history of that power all that it has since brought to light. He saw that the exorbitant spirit of its exactions was directed against the liberties of the free States and the principles on which free government is founded.
The plea of Chase, in this case, was the first legal break-water in Ohio to the flood of usurpation and dictation which has characterized the slaveocracy from its commencement. In this plea he took a ground then unheard of, to wit: That the phrase in the Constitution which demanded the giving up of fugitives to service on demand of masters, did not impose on the magistrates of the free States the responsibility of catching and returning slaves. He denied that Congress had any right to impose any such duties on State magistrates, or to employ State resources in any way for this purpose. This principle was afterwards recognized by the United States in the slave law of 1850, by appointing special United States Commissioners for the conducting of such cases.
From the time of this plea many of the former patrons and friends of the rising young lawyer walked no more with him; but he had taken his ground like a strong man armed, and felt well able to keep his fortress single handed till recruits should gather around him.
He was soon called on to defend James G. Birney for the crime of sheltering a fugitive slave. In this plea he asserted the great principle afterwards affirmed by Charles Sumner in Congress, that slavery is sectional and freedom national. As slavery was but a local institution, he claimed that it ceased when the slave was brought by his master to a free State. This assertion caused great excitement in a community separated from a slave State only by the Ohio, where slave masters were constantly finding it convenient to cross with their slaves, or to send them across, to the neighboring city. Of course the decision went against him. What judge who had any hopes of the presidency, or the Supreme Bench, would dare offend his southern masters by any other?
In 1846 came on the great Van Zandt case. Van Zandt was originally a thriving Kentucky farmer and slave owner. He figured in Uncle Tom's Cabin under the name of Van Tromp. He was a man who, under a shaggy exterior, had a great, kind, honest heart, and in that day, when ministers and elders were studying the Bible to find apologies for slavery, Van Zandt needed no other light than that of this same heart to teach him that it was vile and devilish, and so, setting his slaves free, he came over and bought a farm in the neighborhood of Cincinnati; and it was well known that no hungry, wandering fugitive was ever turned from Van Zandt's door. The writer has still memory of the wild night ride of husband and brother through woods, and over swelled creeks dangerous enough to cross, which carried a poor, hunted slave girl to this safe retreat. But Van Zandt was at last found out, and the slaveocrats brought suit against him. Chase and Seward defended him, and made noble pleas – pleas as much for the rights of the whites as of the blacks. Of course, like all cases of the kind at that date, the judgment had been pre-ordained before the court sat. Chase's elaborate and unanswerable argument before the United States Court, was afterward printed in a pamphlet of some three hundred and fifty octavo pages.
The opening of this great plea and its close we shall quote as best showing the solemn and earnest spirit in which this young lawyer entered upon his work.
"Mr. Chief Justice and Judges:
I beg leave to submit to your consideration an argument in behalf of an old man, who is charged, under the act of Congress of February 12, 1793, with having concealed and harbored a fugitive slave.
Oppressed, and well nigh borne down by the painful consciousness, that the principles and positions which it will be my duty to maintain, can derive no credit whatever from the reputation of the advocate, I have spared no pains in gathering around them whatever of authority and argument the most careful research and the most deliberate reflection could supply. I have sought instruction wherever I could find it; I have looked into the reported decisions of almost all the state courts, and of this court; I have examined and compared state legislation and federal; above all, I have consulted the constitution of the Union, and the history of its formation and adoption. I have done this, because I am well assured, that the issues, now presented to this court for solemn adjudication, reach to whatever is dear in constitutional liberty, and what is precious in political union. Not John Van Zandt alone – not numerous individuals only – but the States also, and the Nation itself, must be deeply affected by the decision to be pronounced in this case."
Then followed the technical and legal plea which is a most close and unanswerable legal argument, showing conclusively that under the words of the statute the defendant could not be held guilty.
After this, follows a clear and masterly argument on the unconstitutionality of the then existing fugitive slave law, of 1793. In this, Chase took with great skill, boldness, ingenuity and learning, the same course afterwards taken by Sumner in his great speech before Congress, on the Fugitive Slave Law of 1850.
The conclusion is solemn and weighty – and in the light of recent events has even a prophetic power:
"Upon questions, – such as are some of those involved in this case, – which partake largely of a moral and political nature, the judgment, even of this Court, cannot be regarded as altogether final. The decision, to be made here, must, necessarily, be rejudged at the tribunal of public opinion – the opinion, not of the American People only, but of the Civilized World. At home, as is well known, a growing disaffection to the Constitution prevails, founded upon its supposed allowance and support of Human Slavery; abroad, the national character suffers under the same reproach. I most earnestly hope, and, – I trust it may not be deemed too serious to add, – I most earnestly pray, that the judgment of your honors in this case, may commend itself to the reason and conscience of Mankind; that it may rescue the Constitution from the undeserved opprobrium of lending its sanction to the idea that there may be property in men; that it may gather around that venerable charter of Republican Government the renewed affection and confidence of a generous People; and that it may win for American Institutions the warm admiration and profound homage of all, who, everywhere, love Liberty and revere Justice."
The question was decided as all such cases in those times invariably were decided.
The Judge never undertook even the form of answering the argument; never even adverted to it, but decided directly over it, with a composure worthy of a despotism. It was a decision only equalled by that of the most corrupt judges of the corrupt age of Charles II.
Honest Van Zandt was ruined, "scot and lot," by a fine so heavy that all he had in the world would not pay it, and he died broken-hearted; a solemn warning to all in his day, how they allowed themselves to practise Christian charity in a way disagreeable to the plantation despots.
As for Chase, he was undiscouraged by ill success, and shortly reaffirmed his argument and principles in the case of Driskull vs. Parish. He was at least educating the community; he was laying foundations of resistance on which walls and towers should by-and-by arise. Humanity and religion had already made the abolitionists numerically a large and active body in Ohio. They needed only a leader like Chase, of large organizing brain and solid force of combination, to shape them into a political party of great efficiency. To this end his efforts were henceforth directed. In 1841, he united in a call for an Anti-Slavery Convention in Columbus, and in this convention was organized the Liberty party of Ohio. In 1845 he projected a Southwestern Anti-Slavery Convention.
The ground taken was substantially that to which a bloody, weary experience has brought the whole nation now, to wit: "That whatever is worth preserving in republicanism can be maintained only by uncompromising war against an usurping slave-power, and that all who wish to save the nation must unite in using all constitutional measures for the extinction of slavery in their own States, and the reduction of it to constitutional limits in the United States.
This convention met in Cincinnati, in 1845, and Chase prepared the address, giving the history of slavery thus far, and showing the condition of the Whig and Democratic parties respecting it; and urging the importance of a political combination unequivocally committed to the denationalizing of slavery and the slave power. So vigorous were the tactics of this party, so strongly moving with the great central currents of God's forward providences, that in 1847 Chase was made Governor of Ohio, by the triumph of those very principles which in the outset threatened utter loss to their advocate. In 1847 he attended a second Liberty Convention; and afterwards took part in the Buffalo Convention, the celebrated Buffalo Platform being mainly his work.
In 1849, he was chosen United States Senator from Ohio, and his presence was hailed as a tower of strength to the hard fighting anti-slavery party at Washington. When, directly after the passage of the Fugitive Slave Law, the Democratic party in Ohio voted for Pierce, knowing him directly committed to its enforcement, Chase withdrew from it, and addressed a letter to B. F. Butler, of New York, recommending the formation of an Independent Democratic party. He prepared a platform for this purpose, which was substantially adopted by the convention of the Independent Democracy of 1852.
And now came on the battle of Kansas and Nebraska. Chase was one of the first to awaken the people to this new danger. He, in conference with the anti-slavery men of Congress, drafted an address to the people to arouse them as to this sudden and appalling conspiracy, which was intended to seize for slavery all the unoccupied land of the United States, and turn the balance of power and numbers forever into the slaveholders' hands. It was a critical moment; there was but little time to spare; but the whole united clergy of New England, of all denominations, Catholic and Protestant, found leisure to send in their solemn protest. When that nefarious bill passed, Chase protested against it on the night of its passage, as, with threats, and oaths, and curses, it was driven through. It seems in the retrospect but a brief passage from that hour of apparent defeat to the hour which beheld Lincoln in the presidential chair and Chase, Secretary of the Treasury. His history in that position has verified the sagacity that placed him there. It has been the success of a large, sound, organizing brain, apt and skillful in any direction in which it should turn its powers. It was the well-known thrift and shrewdness of the Yankee farmer, thrift and shrewdness cultivated in years of stern wrestling with life, coming out at the head of the United States treasury in a most critical hour. No men are better to steer through exigencies than these same Yankee farmers, and it seems the savor of this faculty goes to the second and third generations.
We have said before, that if Chase made sacrifices of tangible and material present values for abstract principles, in his early days, it was not because, as is sometimes the case, he was a man merely of ideas, and destitute of practical faculties. On the contrary, the shrewd, cautious, managing, self-preserving faculties were possessed by him to a degree which caused him to be often spoken of by the familiar proverb, "a man who can make every edge cut." By nature, by descent, by hard and severe training, he was a rigid economist, and a man who might always safely be trusted to make the very most and best of a given amount of property.
It is praise enough to any financier who could take a nation in the sudden and unprepared state ours was, and could carry it along for three or four years through a war of such gigantic expenditure, to say that the country was neither ruined, beggared, nor hopelessly embarrassed, but standing even stronger when he resigned the treasury than when he took it.
His financial management was at first to raise the money needed for the war by loans, until the expenses became so great as to be beyond the capacity of the specie in the country. Then, still adhering to the principle of raising the means for the war within the United States, he introduced the legal tender paper currency, and by providing that it should be a necessary basis for banking operations, he shrewdly placed the whole banking capital of the United States in a position where it must live or die with the country. This not only provided funds, but made every dollar of money act as a direct stimulus to the patriotism of those who supplied it.
On June 30, 1864, Chase resigned his position in the treasury. That Providence which has ordained so many striking and peculiar instances of victory and reward for men who espoused the cause of humanity in its dark hours, had also one for Chase.
Oct. 12, 1864, by the death of Taney, the Chief Justiceship of the United States Supreme Court became vacant, and Lincoln expressed the sense of the whole American people in calling Chase to fill that venerable office.
The young lawyer, who without name or prestige, dared to put in pleas for the poorest of his brethren, when the slave power was highest and haughtiest, and whose pleas were overruled with the most chilling contempt, now by God's providence holds that supreme position on the national bench from which, let us trust, the oppressor and the tyrant have faded away forever!
CHAPTER VI
HENRY WILSON
Lincoln, Chase and Wilson as Illustrations of Democracy – Wilson's Birth and Boyhood – Reads over One Thousand Books in Ten Years – Learns Shoemaking – Earns an Education Twice Over – Forms a Debating Society – Makes Sixty Speeches for Harrison – Enters into Political Life on the Working-Men's Side – Helps to form the Free Soil Party – Chosen United States Senator over Edward Everett – Aristocratic Politics in those Days – Wilson and the Slaveholding Senators – The Character of his Speaking – Full of Facts and Practical Sense – His Usefulness as Chairman of the Military Committee – His "History of the Anti-Slavery Measures in Congress" – The 37th and 38th Congresses – The Summary of Anti-Slavery Legislation from that Book – Other Abolitionist Forces – Contrast of Sentiments of Slavery and of Freedom – Recognition of Hayti and Liberia; Specimen of the Debate – Slave and Free Doctrine on Education – Equality in Washington Street Cars – Pro-Slavery Good Taste – Solon's Ideal of Democracy Reached in America.
It is interesting to notice how, in the recent struggle that has convulsed our country and tried our republican institutions, so many of the men who have held the working oar have been representative men of the people. To a great extent they have been men who have grown up with no other early worldly advantages than those which a democratic republic offers to every citizen born upon her soil. Lincoln from the slave states, and Chase and Henry Wilson in the free, may be called the peculiar sons of Democracy. That hard Spartan mother trained them early on her black broth to her fatigues, and wrestlings, and watchings, and gave them their shields on entering the battle of life with only the Spartan mother's brief – "With this, or upon this."
Native force and Democratic institutions raised Lincoln to the highest seat in the nation, and to no mean seat among the nations of the earth; and the same forces in Massachusetts caused that State, in an hour of critical battle for the great principles of democratic liberty, to choose Henry Wilson, the self-taught, fearless shoemaker's apprentice of Natick, over the head of the gifted and graceful Everett, the darling of foreign courts, the representative of all the sentiments and training which transmitted aristocratic ideas have yet left in Boston and Cambridge. All this was part and parcel of the magnificent drama which has been acting on the stage of this country for the hope and consolation of all who are born to labor and poverty in all nations of the world.
Henry Wilson, our present United States Senator, was born at Farmington, N. H., Feb. 12, 1818, of very poor parents. At the age of ten he was bound to a farmer till he was twenty-one. Here he had the usual lot of a farm boy – plain, abundant food, coarse clothing, incessant work, and a few weeks' schooling at the district school in winter.
In these ten years of toil, the boy, by twilight, firelight, and on Sundays, had read over one thousand volumes of history, geography, biography and general literature, borrowed from the school libraries and from those of generous individuals.
At twenty-one he was his own master, to begin the world; and in looking over his inventory for starting in life, found only a sound and healthy body, and a mind trained to reflection by solitary thought. He went to Natick, Mass., to learn the trade of a shoemaker, and in working at it two years, he saved enough money to attend the academy at Concord and Wolfsborough, N. H. But the man with whom he had deposited his hard earnings became insolvent; the money he had toiled so long for, vanished; and he was obliged to leave his studies, go back to Natick and make more. Undiscouraged, he resolved still to pursue his object, uniting it with his daily toil. He formed a debating society among the young mechanics of the place; investigated subjects, read, wrote and spoke on all the themes of the day, as the spirit within him gave him utterance. Among his fellow-mechanics, some others were enkindled by his influence, and are now holding high places in the literary and diplomatic world.
In 1840, young Wilson came forward as a public speaker. He engaged in the Harrison election campaign, made sixty speeches in about four months, and was well repaid by his share in the triumph of the party. He was then elected to the Massachusetts Legislature as representative from Natick.
Having entered life on the working man's side, and known by his own experience the working man's trials, temptations and hard struggles, he felt the sacredness of a poor man's labor, and entered public life with a heart to take the part of the toiling and the oppressed.
Of course he was quick to feel that the great question of our time was the question of labor and its rights and rewards. He was quick to feel the "irrepressible conflict," which Seward so happily designated, between the two modes of society existing in America, and to know that they must fight and struggle till one of them throttled and killed the other; and prompt to understand this, he made his early election to live or die on the side of the laboring poor, whose most oppressed type was the African slave.
In the Legislature, he introduced a motion against the extension of slave territory; and in 1845, went with Whittier to Washington with the remonstrance of Massachusetts against the admission of Texas as a slave State.
When the Whig party became inefficient in the cause of liberty through too much deference to the slave power, Henry Wilson, like Charles Sumner, left it, and became one of the most energetic and efficient organizers in forming the Free Soil party of Massachusetts. In its interests, he bought a daily paper in Boston, which for some time he edited with great ability.
Meanwhile, he rose to one step of honor after another, in his adopted State; he became President of the Massachusetts Senate; and at length after a well contested election, was sent to take the place of the accomplished Everett in the United States Senate.
His election was a sturdy triumph of principle. His antagonist had every advantage of birth and breeding, every grace which early leisure, constant culture, and the most persevering, conscientious self-education could afford. He was, in graces of person, manners and mind, the ideal of Massachusetts aristocracy, but he wanted that clear insight into actual events, which early poverty and labor had given to his antagonist. His sympathies in the great labor question of the land were with the graceful and cultivated aristocrats rather than the clumsy, ungainly laborer; and he but professed the feeling of all aristocrats in saying at the outset of his political life, while Wilson was yet a child, that in the event of a servile insurrection, he would be among the first to shoulder a musket to defend the masters.
But the great day of the Lord was at hand. The events which since have unrolled in fire and blood, had begun their inevitable course; and the plain working-man was taken by the hand of Providence towards the high places where he, with other working men, should shape the destiny of the labor question for this age and for all ages.
Wilson went to Washington in the very heat and fervor of that conflict which the gigantic Giddings, with his great body and unflinching courage, said to a friend, was to him a severer trial of human nerve than the facing of cannon and bullets. The slave aristocracy had come down in great wrath, as if knowing that its time was short. The Senate chamber rang with their oaths and curses as they tore and raged like wild beasts against those whom neither their blandishments nor their threats could subdue. Wilson brought there his face of serene good nature, his vigorous, stocky frame, which had never seen ill-health, and in which the nerves were yet an undiscovered region. It was entirely useless to bully, or to threaten, or to cajole that honest, good-humored, immovable man, who stood like a rock in their way, and took all their fury as unconsciously as a rock takes the foam of breaking waves. In every anti-slavery movement he was always foremost, perfectly awake, perfectly well informed, and with that hardy, practical business knowledge of men and things which came from his early education, prepared to work out into actual forms what Sumner gave out as splendid theories.
Wilson's impression on the Senate was not mainly that of an orator. His speeches were as free from the artifices of rhetoric as those of Lincoln, but they were distinguished for the weight and abundance of the practical information and good sense which they contained. He never spoke on a subject till he had made himself minutely acquainted with it in all its parts, and was accurately familiar with all that belonged to it. Not even John Quincy Adams or Charles Sumner could show a more perfect knowledge of what they were talking about than Henry Wilson. Whatever extraneous stores of knowledge and belles lettres may have been possessed by any of his associates, no man on the floor of the Senate could know more of the United States of America than he; and what was wanting in the graces of the orator, or the refinements of the rhetorician was more than made amends for in the steady, irresistible, strong tread of the honest man, determined to accomplish a worthy purpose.
Wilson succeeded Benton as chairman of the Military Committee of the Senate, and it was fortunate for the country that when the sudden storm of the war broke upon us, so strong a hand held this helm. Gen. Scott said that he did more work in the first three months of the war than had been done in his position before for twenty years; and Secretary Cameron attributed the salvation of Washington in those early days, mainly to Henry Wilson's power of doing the apparently impossible in getting the Northern armies into the field in time to meet the danger.
His recently published account of what Congress has done to destroy slavery, is a history which no man living was better fitted to write. No man could be more minutely acquainted with the facts, more capable of tracing effects to causes, and thus competent to erect this imperishable monument to the honor of his country.
It is meet that the poor, farm-bound apprentice, the shoemaker of Natick, should thus chronicle the great history of the deliverance of labor from disgrace in this democratic nation.