Part 22 (1/2)

I took with me to Was.h.i.+ngton a complete set of the Reports of the Supreme Court of the United States and purchased Abbott's Digest of those decisions, then just published. The first evening after I got settled I spent in reading the opinions of the Supreme Court. I took the Digest beginning with the letter A, reading the abstracts, and then reading the cases referred to. I got as far as Adm and read the cases relating to admiralty practice. The next morning the Speaker announced his Committees and the House adjourned. After the adjournment, Judge Poland, Chairman of the Committee on the Revision of the Laws, called the Committee together and laid before them a letter he had just received from Mr. Justice Miller of the Supreme Court, asking for a change in the law in regard to monitions for summoning defendants in Admiralty. The change had been made necessary by some recent decisions of the Court.

The other members of the Committee looked at each other in dismay. None of them was familiar with the question, or knew at all what it was all about. I then stated to them the difficulty, giving them the names of the cases and the volumes where they were found. They were all quite astonished to find a man from the country, of whom probably none of them had ever heard before, having the law of Admiralty at his tongue's end.

If the question had related to anything in the Digest under Adr, or anything thereafter, I should have been found probably more ignorant than they were. But Judge Poland took me into high favor, and I found his friends.h.i.+p exceedingly agreeable and valuable. I do not remember that the Committee on the Revision of the Laws had another meeting while I belonged to it.

I was also, as I have said, put on the Committee of Education and Labor. The Bureau of Education had been lately established and the Commissioner appointed. But the office was exceedingly unpopular, not only with the old Democrats and the Strict Constructionists, who insisted on leaving such things to the States, but with a large cla.s.s of Republicans. A very zealous attack was made on the Bureau, led by Mr. Farnsworth of Illinois, and by Cadwallader C. Washburn, a very able and influential Republican from Wisconsin. The Committee on Appropriations, of which my colleague, Mr. Dawes, was Chairman, reported a provision for abolis.h.i.+ng this Bureau. Mr. Dawes, himself, however, dissented. The Republicans on the Committee of Education and Labor took up the cudgels for the Bureau. We beat the Committee of Appropriations. The result of the strife was that the Bureau was put on a firmer footing with a more liberal provision, and it has since been, under General Eaton and Dr. Harris, the accomplished and devoted Commissioners, of very great and valuable service to the country.

That led me to give special study to the matter of National education. I introduced a bill for establis.h.i.+ng an education system by National authority in States which failed to do it themselves. Later, I introduced and carried through the House a measure for distributing the proceeds of the public land and sums received from patents and some other special funds, among all the States in aid of the common schools.

This bill pa.s.sed the House, but was lost in the Senate mainly because Senator Morrill of Vermont, a most excellent and influential statesman, insisted that the money should go to the agricultural colleges, in which he took great interest, and not to common schools. Later when I became a member of the Senate I succeeded in getting a like measure twice through the Senate. But it failed in the House. So the two Houses never agreed upon it. But the movement and discussion aroused public attention throughout the country and were of great value.

While I was on that Committee, I think during my second term, there was referred to it a bill to rebuild William and Mary College in Virginia. The princ.i.p.al building of that College had been destroyed by fire. The Union and Rebel forces had fought for possession of it. It had been held by the Union soldiers and a court martial was sitting there when it was attacked by the other side and the Union men driven out, and the insurgents held the building for a few hours. They abandoned it very soon. But before the Union soldiers had got back in force some stragglers set fire to the building. It was totally destroyed.

William and Mary was the oldest college in the country, except Harvard. It numbered among its children many famous statesmen, including Jefferson, Marshall, Peyton Randolph, and Monroe.

Was.h.i.+ngton was its Chancellor for twelve years. Its graduates loved it ardently. I came to the conclusion that it would tend very much to restore the old affectionate feeling between the States to rebuild this College without inquiring too strictly into the merits of the case, as tested by any strict principle of law. I accordingly reported and advocated a bill for appropriating sixty or seventy thousand dollars to rebuild the College.

Afterward, when on the Committee of Claims in the Senate, I advocated extending the same principle to all colleges, schools and other inst.i.tutions of education and charity destroyed by the operations of the War without regard to the question who was in fault. This policy was, after a good deal of opposition and resistance, successfully carried out.

But the William and Mary College Bill was reported at the time when the pa.s.sions excited by the War were still burning in the b.r.e.a.s.t.s of many Republican statesmen. The measure was received with derision. I was hardly allowed to go on with my speech in order, and the ordinary courtesy of a brief extension of time to finish it was refused amid great clamor.

But I got the Bill through the House the next winter. I had a powerful ally in Mr. Perce of Mississippi, a Northern soldier, who had settled in that State after the War. It was not considered in the Senate. The measure was renewed again later in the House. But it was bitterly attacked by Mr. Reed of Maine, afterward Speaker, and defeated. Afterward I succeeded in getting it through the Senate when the Democrats had possession of the House, during the Administration of President Harrison, and it became a law.

I have been a.s.sured by many Southern men that that measure, and the report and speech in which I advocated it, had a very strong and wide influence in restoring good feeling toward the Union in the minds of the people of Virginia. Several of the graduates of William and Mary who afterward became Republicans have a.s.sured me of this with great emphasis. I was much pleased to get the following letter from Governor Henry A. Wise, the eminent Virginia statesman, who was, with two or three exceptions, the most powerful and influential advocate of secession in the South.

RICHMOND VA Feby 13th 1872.

HON MR h.o.a.r OF Ma.s.sTS.

_Honored Sir._

I write for no reason but one of pure feeling of respect-- not even for a reply. I am a visitor of Wm and Mary College --truly of the most venerable of the ”Mothers of Thought”

--and have read your excellent appeal to the H. Reps: in her behalf. It was worthy of that Grand old Comth, Ma.s.sts, the elder sister of this once glorious Comth, which hailed her heartily in the Night of Revolution against Tyrrany.

It was worthy of sweet memories--worthy of Letters--it was pious and patriotic. Let me just add a sentence more, to say that if Rebellion and Sectional Hate are to be eradicated-- and I hope they are--_that is the way to do it._ Your speech & the pa.s.sage of such bills, catholic in every sense of love & charity, will do more to heal our Country's wounds than all the caustic of reconstruction which can be applied.

With unaffected grat.i.tude for your Speech, I pray you will not pause upon it, but keep the bill to its pa.s.sage through both Houses of Congress. I know you would if you could see the dest.i.tution of instruction, and the poverty which cant pay for it, on the Consecrated peninsula of Jas Town, York Town, and Williamsburg. Ah! tear down every parapet of War-- cruel War, wanton war call it if you will--but for the Past, for Piety's sake, for Learning and Moral's sake let Old Wm & Mary stand a Beacon Light for the guide of the Future.

Very sincerely Yrs HENRY A. WISE

Governor Wise had a very conspicuous career in the United States House of Representatives. He was a very zealous supporter of the Southern doctrine before the War. He was regarded as a good deal of a fire eater. He was Governor of Virginia when John Brown was executed. But in spite of the horror and indignation that the people of the South felt for John Brown's raid he did full justice to the heroic quality of the man. He declared him ”the gamest man” he ever saw.

I served in my second term on the Committee on Elections under the Chairmans.h.i.+p of George W. McCrary. Election cases in the House up to that time were, as they always were in the English House of Commons and as they have been too often in the Senate, determined entirely by party feeling. Whenever there was a plausible reason for making a contest the dominant party in the House almost always awarded the seat to the man of its own side. There is a well-authenticated story of Thaddeus Stevens, that going into the room of the Committee of Elections, of which he was a member, he found a hearing going on. He asked one of his Republican colleagues what was the point in the case. ”There is not much point to it” was the answer.

”They are both d.a.m.ned scoundrels.” ”Well,” said Stevens, ”which is the Republican d.a.m.ned scoundrel? I want to go for the Republican d.a.m.ned scoundrel.”

We had a good many contests. But the Committee determined to settle all the questions before it as they would if they were judges in a court of justice. The powerful influence of Mr. McCrary, the Chairman, aided largely to bring about that result. The Democratic minority soon discovered that we were sincere and in earnest. They met us in a like spirit.

I believe the Committee on Elections during that Congress reported on every case with absolute impartiality, and the House followed their lead. I formed a very pleasant friends.h.i.+p on that Committee with Judge William M. Merrick, a Maryland Democrat, who had made himself very much disliked by the Republican authorities during the War because of his supposed sympathy with Rebellion. I do not think he sympathized with the Rebellion.

But he construed the Const.i.tution very strictly and was opposed to many measures of the Administration. He was nominated by President Cleveland to be Judge of the Supreme Court of the District of Columbia. The Judiciary Committee of the Senate reported against him, putting their objection on the ground of the conduct imputed to him during the War, and also of his age. He was then sixty-seven years old. I dissented from the Committee, of which I was a member, and I exerted myself with all my might to secure his confirmation, and was successful. He made a most admirable Judge, and my action was abundantly vindicated by the result.

I have taken special satisfaction in two reports which I made for that Committee. I have a right to say that I dealt with the subjects with the same freedom from bias or prejudice with which it would have been my duty to give to the question if I had been sitting on the Bench of the Supreme Court of the United States.

The case of Cessna _vs._ Myers was perhaps the most interesting and important of those in which I made a report for the Committee.

John Cessna had served the State of Pennsylvania for several terms. He was a very popular and eminent Republican member.

According to the returns, Myers, his adversary, had a majority of 14. Cessna showed beyond question, and his antagonist admitted, that more than 14 illegal votes were cast for Myers.

On the other hand Myers claimed that there were many illegal votes cast for Cessna, the evidence of which, so far as appeared, came to his knowledge first when introduced in the case. When the evidence was taken Cessna claimed to have evidence that 328 illegal votes were cast for Myers, and that ten legal votes, cast or offered for him, were rejected. On the other hand the sitting member claimed that there were 341 votes illegally thrown for the contestant, and of those Cessna admitted that 81 had proved to be illegal. So the Committee were obliged to examine by itself the evidence in regard to the right to vote of each of several hundred persons.

The case turned finally on some very interesting questions of the law of domicile. It appeared that a considerable number of persons who were ent.i.tled to vote, if they were resident of the district where they voted, were workmen employed in the construction of a railroad. They had come from outside the district for that purpose alone, and had no purpose of remaining in the district after the railroad should be completed, and meant then to get work wherever they could find it, there or elsewhere. There were also a number of votes cast by students who had gone to college for the purpose of getting an education, having no design to remain there after their studies terminated.