USA > Georgia > The bench and bar of Georgia: memoirs and sketches. With an appendix, containing a court roll from 1790-1857, etc., volume I > Part 10
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I desire to ascertain from the American Senate-according to the indi- vidual whom it is intended to honor on this occasion all the merit which his most enthusiastic admirers may be disposed to claim for him-whether they are disposed to depart from that principle of policy by adopting a measure which, in my judgment, necessarily involves that departure.
We are told of the interpretation which the civilized world has given to the nicre act of invitation which has been extended to this individual and his associates, by sending for them a national vessel; and if, after the avowals he has made in England,-if, after the declarations of the distin- guished American citizen to whom I have referred, and which Mr. Kos- suth says expresses all his feelings and all his desires,-if, after the declara- tions which Kossuth has made after landing on our shores, the distine- tion which he has drawn between the Government and the people, his avowal of a determination to appeal to the people for the active sympathy which he invokes in behalf of his country, -if after this, which is per- feetly known to us, the Congress of the United States, representing the thirty-one sovereign States of this Union and the twenty-five millions of people which compose it, shall welcome him to the shores of the United States in this formal manner, do they not thereby impliedly acquiesce in the object which he thus publicly and in advance announces that he came here to accomplish ? Is not that the very interpretation the civilized
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world will give it ? He says to the American people,-and the declara- tion is before us while we are agitating the question :-
I do not come here to ask your sympathy. That is gratifying, but valueless. I come here to invoke the aid of the great American Republic to protect my people, peaccably if they may, by the moral influence of their declarations, but forcibly if they must, by the physical power of their arm,-to prevent any foreign inter- ference in the struggle about to be renewed for the liberties of my country. I am a plain man. I am in a land of freedom. I am permitted to speak freely my senti- ments. This is what I ask. If this is accorded to me, I go home, and the liberties not merely of Hungary, but of Europe, are secured. If not, I go with my coun- trymen alone to renew that struggle for the achievement of our liberties.
This language is too distinct to be mistaken. If this resolution passes, extending to him alone (departing from your invitation, for that in- cluded his associates) the welcome which it proposes, after these declara- tions of the object for which he comes here, the civilized world will be much more authorized than they were by the invitation which has been referred to by the Senator from New York [Mr. Seward] to conclude that the welcome to Governor Kossuth implies a pledge that we will interpose, if necessary, and in the manner he desires, for the protection of the Hun- garian nation. In my judgment, this inference is inevitable; and if it be not, yet if it occasion doubt, if it result in producing opposition to this resolution in its present form, if gentlemen do believe (and I doubt not they are sincere in the declaration) that this is a mere testimonial of the respect and good-will of the people of the United States toward a distin- guished advocate of the cause of civil liberty, they will not hesitate to accept the amendment which I shall submit, and which is simply cal- culated to exclude this conclusion. I desire, in the first place, by the amendment which I shall propose, to fulfil the expectations which were reasonably created by the invitation, by extending this resolution to the associates of Governor Kossuth. The interposition of the American Government in behalf of these captives was not confined to that individual alone: it extended to all his associates in captivity. The invitation to our shores equally embraced them all. If, therefore, we are acting in ful- filment of the obligations created by the invitation, we must not confine the resolution to Governor Kossuth, but must extend it to his associates. To him and to them, to the full extent of my constitutional powers, I am willing to afford an asylum within the limits of the United States, and to provide all the means of making that asylum comfortable. But I should be unfaithful to my duty as an American Senator, according to the con- victions of my judgment, if I suffered any zeal for the advancement of the principle of civil liberty on the other side of the Atlantic to induce me to jeopard the safety and the vital interests of the country which is my own, to which I owe my first, entire, and absolute allegiance. I am unwilling, therefore, to leave it to implication, that by this reception, under these circumstances, we have entered into a pledge that by the exertion of moral, and, if necessary, of physical, force, we will protect the people of Hungary from all foreign interference upon the renewal of their struggle. Such a pledge would be irrevocable. It could not be violated without dishonor. It could not be redeemed without putting in jeopardy the best and most vital interests of our country.
These are the views which I entertain on this subject, and, in accord- ance with them, I propose to amend the resolution by adding to it the following :-
And be it further Resolved, That the welcome thus afforded to Louis Kossuth be
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extended to his associates who have landed on our shores; but, while welcoming these Hungarian patriots to an asylum in our country, and to the protection which our laws de and always will afford to them, it is due to candor to declare that it is not the purpose of Congress to depart from the settled policy of this Govern- mient which forbids all interference with the domestic concerns of other nations.
Finally, on the 12th of December, 1851, the vote was taken on Mr. Berrien's amendment in two branches : first, that the welcome be extended to Kossuth and his associates, which was rejected,- veas 13, nays 27; second, that the ancient policy of the Government be not disturbed, which was also rejected,-yeas 15, nays 26. The vote was then taken on the original resolution, which passed in the affirmative,-yeas 33, nays 6. The resolution was subsequently passed by the House of Representatives, and its adoption notified to the Senate on 15th December.
The formal reception of Kossuth is thus described in the official report* of the Senate, January 5, 1852 :-
At one o'clock the doors of the Senate-Chamber were thrown open, and Governor Kossuth, supported by the Committee appointed by the Senate to introduce him, the Hon. James Shields, the Hon. William H. Seward, and the Hon. Lewis Cass, entered and advanced within the bar, the Senate rising to receive them.
The suite of Governor Kossuth, in military uniform, were grouped below the bar.
Mr. Shields addressed the President as follows :-
Mr. President, we have the honor to introduce Louis Kossuth to the Senate of the United States.
The President pro tempore then addressed him as follows :-
Louis Kossuth, I welcome you to the Senate of the United States. The Com- mittee will conduct you to the seat which I have caused to be prepared for you.
Ile was then conducted to a chair in front of the President's desk, and seated with the Committee of the Senate.
Mr. Mangum arose some time afterward and said :-
Mr. President, with the view of affording Senators an opportunity of paying their respects to our illustrious guest, I move that the Senate do now adjourn.
The motion was agreed to.
The President then descended to the floor of the Senate, and was in- troduced to Governor Kossuth by the Committee. The other Senators were also severally introduced; after which gentlemen and ladies present in great numbers sought the same gratification. Among the incidents of the levee, it may be mentioned that when the martial figure of General Houston approached Kossuth there appeared to be a special attraction in the person of the hero of San Jacinto. The introduction having been made, the following brief but expressive dialogue ensued :-
Mr. Houston. Sir, you are welcome to the Senate of the United States.
Mr. Kossuth. I can only wish that I had been as successful as you, sir.
Mr. Houston. God grant that you may yet be so !
Subsequently the distinguished stranger was conducted to the Vice-
* Cong. Globe, vol. xxiv. part 1. p. 109.
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President's room to which the President pro tempore and Senators retired with him.
The visit of Kossuth and suite to the Capital, for a period of ten days, and his public reception as the guest of the American people, gave rise to another little proceeding, couched in the words of Mr. Seward, in behalf of Mr. Shields, who was absent from the Senate, February 12, 1852 :-
Resolved, That the expenses incurred in the reception of Louis Kos- suth and suite, during their late visit to the Capital by invitation of Con- gress, be paid out of the contingent fund of the Senate, when approved by the Committee of reception, to an amount not exceeding five thousand dollars.
After considerable debate, the resolution was adopted on the 11th of March, 1852, by yeas 31, nays 6.
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The selections from the speeches of Mr. Berrien have been made to illustrate the questions on which they were delivered, more than as specimens of his cloquence. There is no doubt that many speeches and paragraphs more beautiful than any here quoted have been omitted by the author. The perfect charm was in the elocution of Mr. Berrien, a just idea of which cannot be conveyed on paper.
The period has now arrived when he voluntarily retires from public life. The resignation of his seat in the Senate is thus noticed in the published record* of May 28, 1852 :-
RESIGNATION OF MR. BERRIEN.
The President. The chair has received from an honorable Senator from Georgia, John Macpherson Berrien, a statement that he has resigned his seat in the Senate of the United States. The chair will take occasion to say, that, having long served with that honorable Senator, it is with deep regret that he finds himself under the necessity of presenting this communication. That Senator had always shown himself upon this floor to be a gentleman of uniform courtesy. His ability all can appre- ciate for his services here. His usefulness to the country the country will appreciate; and his resignation will be deeply regretted.
The letter of resignation was read, as follows :-
WASHINGTON, May 28, 1852.
SIR :- Be pleased to accept this as the resignation of my seat in the Senate of the United States. Having already notified the Governor of Georgia of my intention to retire from the Senate, it only remains, in closing my connection with a body with which I have been so long asso- ciated, to express to its members my respectful good wishes for their
* Cong. Globe, vol. xxiv. part 2, p. 1493.
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individual prosperity and happiness, and to subscribe myself, very re- spectfully, your obedient servant,
JOHN MACPHERSON BERRIEN.
To the Hon. WILLIAM R. KING,
President pro tem. Senate of the United States.
Mr. Butler .* As the subject is up, perhaps I should announce that a vacancy on the Judiciary Committee is caused by the resignation of the Senator from Georgia. I desire to ask that a member may be appointed to fill the place of that gentleman. In doing so, I take occa- sion to say that he has been a most valuable inember upon that com- mittee. He was my counsellor; and upon all important questions, par- ticularly those of a Constitutional character, I resorted to Judge BERRIEN with more confidence, perhaps, than to any other member associated with me on that committee,-meaning no disparagement to the others, but because he had been longer on the committee, and was more familiar with the subjects before it. And I can only announce, while asking that his place may be filled with another, that I much regret his departure. I move that the vacancy be filled by the President of the Senate.
Soon after his return to Georgia, Judge Berrien attended the Supreme Court at Americus, where he appeared in several im- portant bank cases, t taken up on writs of error from Columbus, involving the personal liability of the stockholders for the out- standing bills issued by the bank as circulation. His argument occupied some two or three days, and is said to have been a master- piece of judicial learning and logic. It was on this occasion, returning from the court, that he passed a night in Oglethorpe, then quite a populous and thrifty town at the terminus of the Southwestern Railroad. Such was the respect entertained for him by all parties, that, after hearing a discussion on Presidential topics, the citizens formed a procession and marched in perfect order to the hotel, where a pleasant scene took place, which was thus described in the Southern Democrat of July 24, 1852 :-
HON. JOHN M. BERRIEN .- This distinguished citizen and faithful public servant of Georgia received the public greeting of a large con- course of the citizens of Oglethorpe, on Thursday night, at the Empire Hotel. On his way home from Americus, whither he had been attending the Supreme Court, Judge Berrien was casually in our midst, reposing himself after severe professional labor and a slight attack of indisposi- tion. His name was dear to the people of Georgia. As an orator, states- man, and jurist, his fame was in every clime. No wonder, then, that his presence should call forth such a demonstration of respect from the warm- hearted and patriotic of all parties in our city.
About ten o'clock at night, the concourse assembled at the hotel, and,
* Senator Butler died May 24, 1857.
t See Thornton vs. Lane, 2 Georgia Reports, 459. The argument on both sides occupied eight days.
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upon being informed that the judge had retired, sent him a respectful message to appear at the window, that they might receive even a few words from him. The judge consented that his friends outside might give one cheer and then leave him to his rest, for he was too feeble in body to make them a speech. They began to shout his name, and then cheer after cheer succeeded, until the veteran Senator, the beloved asso- ciate of Calhoun, Clay, and Webster, appeared at the window. Perfect silence reigned, to catch every tone of his rich voice. He returned thanks, and excused himself in a manner so graceful and eloquent that it was deeply regretted the remarks could not be extended. But the voice of Judge BERRIEN had been heard,-that voice on which Chief- Justice Marshall used to hang with delight, and which has charmed vast assemblages of his countrymen in the court-room, in literary halls, at mass meetings, and in the Senate-Chamber. He took the cars yesterday for Savannah. May happiness and long life crown his eminent career !
The Senate of the United States is still a very respectable body. It used to be more : it was illustrious. Never did it possess such an array of talent, of dignified and practical statesmanship of the very highest order, as when CALHOUN, CLAY, WEBSTER, and BER- RIEN were members together. Mr. FORSYTH was entitled to rank in this galaxy. It may indeed be said that there were giants in those days. The Senate has suffered an eclipse. Broad, pure sunlight may again irradiate it. The men are on hand, to be brought out, like the statue in the block of marble, by removing the concealment. The views* of the author on this subject were lately given to the public, which he here ventures to transcribe. He had been glancing through Revolutionary statistics and bene- factors, paying at the close a deserved tribute to the Hon. LEWIS CASS, (from whose speech on the mission of the Papal States to this country he quoted,) and then the author continued :-
The fathers of the republic are gone ; the second generation since has almost passed away ; and now, in the midst of a sanguine and progressive age, we are pushing the conquests of civilization throughout the Western world. General Cass is, perhaps, the only civilian now in service whose youth mingled with the sages of the Revolution. His career has been one of honorable success, and long may he live to promote the good of his country.
On a proud eminence, and as belonging to a class of men nearly extinct, three other names occur to us deserving a grateful tribute. Other than the three, we mention no more living in the balance of this paper. We have no fear of exciting jealousy by the record. BERRIEN, EVERETT, and PRESTON, cach in himself unites the Ciceronian elements of cha- racter, in a degree never excelled in our country,-ripe scholarship, fault- less oratory, and the highest moral cultivation. As stars of fixed magni-
* Sce September No., 1855, of De Bow's Review, vol. xix. p. 286-Art. " Chronicles of the Government and People of the United States."
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tude, long may they adorn the horizon of freedom and literature, to win our youth to greatness in the same paths !
With such names as we have introduced in the course of this article, and others familiar to the public, always present to our thoughts, we are apt to pronounce the race of great men as forever gone, and that the actors now on the political stage can never achieve equal celebrity. True, the material is different : the same influences that marked out WASHINGTON, FRANKLIN, and HENRY, and made them the wonder of mankind, may never be brought to bear again, to develop character. In their day, intelligence was less diffused among the people than at present; it was locked up in few minds, and its exhibition was the more striking on that account. A man who could write in good style was a prodigy ; respect- able gifts of speech secured distinction to the possessor at once. We honor the men of the Revolution, heroes, jurists, and statesmen, authors, artists, and bards, and we hope ever to venerate them : still, we do not yield to them superiority over the men now in action, and those pre- paring for the public arena. We briefly give some of our reasons.
Let any man take up the four volumes of the Congressional Globe and Appendix-in all, thirty-five hundred quarto pages-for the first session of the thirty-third Congress, and let him read the conversational debates, and those of a more formal character, as given by the reporters, and he will find talent, wit, humor, searching argument, keen invective, bold eloquence, and stores of historical and diplomatic information, with a facility of applying it, that will astonish him. We know that the mind is there,-mind that is improving; every stroke of the hammer eliminates a spark and strengthens the metal. And, lest we might be suspected of a very high degree of juniorship in such matters, we frankly state that the handsome dress in which most of the debates appear, the harmony of periods, the connection of ideas, and the order of argument, are often supplied by the reporters, who have a professional pride to allow no cru- dities to meet the public eye. We have heard speeches from plain, sluggish, and uncouth men, full of bad English, as delivered; but when printed from the reporter's copy they were wholly different, though in substance the same,-had a face of beauty and learning, and seemed worthy of a practised orator. A few suggestions, and a natural method of stating facts, regardless of the tone of voice, the trembling knees, and the halting phrase, will enable a reporter to write out an excellent speech. Admitting all this to be true, we maintain that there is an amount of talent in the country that will prove sufficient in any emergency that may arise in our political fortunes, foreign or domestic ; and especially if men shall be encouraged to effort by the present liberal system of Con- gressional reporting, and the privilege of publishing speeches superior to those frightened out in debate, with entirely new matter, and most ele- gant finishing, there will be no lack of greatness, as shown by the record, to excite the wonder of constituents and succeeding generations.
As printed, all speeches read well, and most of them appear to possess the same order of ability, even when we know the great disparity between their authors in mental and scholastic advantages. The press is the grand fulcrum on which the lever does its work, builds up men and sys- tems, pulls down and alters at pleasure, gives notoriety on small pretence, and keeps the world wide awake. Nowhere, probably, do such enter- prices prosper more than at Washington ; for nowhere else can be found such accomplished letter-writers, such competition in management, and
-
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such startling conjectures. The talent of Congress would be compara- tively obscure in public estimation but for the greater talent outside the bar.
The people ought not to complain of any of these seeming abuses, which are the very life of society. Without this reckless, constant vigor of mind and interest in the lobbies of Congress,-often proclaiming truth to the benefit or injury of some person or party,-we should have no richly-flavored political dishes at home, no thunder-claps to purify the atmosphere, no shadows to make the sun more beautiful. Look at the tables we have submitted ; call to mind the dead and living who have legislated for us,-equal in the aggregate to the service of one man in Congress for six thousand four hundred and fifty years, at a cost of twenty-five millions of dollars per diem and mileage; and then reflect upon the incidentals since 1789, the expenditure of labor, the anxious minds, the success and defeat, hopes and disappointments, the wielding of executive patronage, &c. &c. These are all chronicled in newspaper files, from the day the first President communicated with Congress down to the present. We presume that a regular succession of such papers may be found in the Congressional Library, as Mr. JEFFERSON was in the habit of preserving all the gazettes of his day, and they are, no doubt, in his collection attached to the library. It is fair to presume that Niles's Register, The Globe, The Union, National Intelligencer, and other papers subsequent to the period of Mr. Jefferson's husbandry, have also been secured to the library for reference. If not all sustained by the patronage, they are at least the journals, (or diary,) of the Government, and as such may be consulted as to current transactions.
Judge Berrien had fame enough to satisfy even the proudest ambition. He had been a long time a servant of the people. In all offices, in all trusts, in all emergencies, his fidelity was acknow- ledged. Besides, he had a reputation beyond the borders of his own country for scholarship, eloquence, and refinement. His classic mind, his perfect urbanity, his elevated nature, embellished with all the graces which constitute the true gentleman, were known in the principal courts of Europe, where his name was familiar in diplomatic circles, although he had never served his country abroad. Age had softly impressed more than threescore and ten upon his temples ; and, with fresh complexion, buoyant step, and cheerful spirits, he still bade fair to live many years, to comfort his children and to counsel with his fellow-citizens in seasons of difficulty.
Within the last few years a new political organization had been formed, styled the " American party," whose object was to counter- act foreign influence, which was rapidly increasing by immigration from Europe, at the rate, it was alleged, of half a million annually, and that, for the most part, of an ignorant population, including a large number of paupers and criminals cast upon our shores to be fed by charity and to corrupt society by the presence of such a
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moral ulcer in the body politic. This was the leading idea around which the party rallied, first as a secret order, and then openly as a party contending for supremacy in public affairs. The issue was met by the Democratic party of Georgia with signal triumph, at the polls, in October, 1855. Pending the canvass, the sentiments of Judge Berrien were given to the public in an Address to the People of Georgia, which, as being the last he ever wrote, is incor- porated in this memoir, to be referred to for the constitutional principle discussed and for the lights shed by his powerful mind. It is dated from his summer residence in the mountains of Georgia :--
ROCKINGHAM, 4th September, 1855.
To the People of Georgia.
FELLOW-CITIZENS :- I have received sundry communications from individuals and from committees of citizens, inviting me to attend public assemblies of the people in different parts of the State, for the purpose of discussing the questions which have been and which continue to be agi- tated during the present canvass,-or, if that could not be done, requesting me to express my opinions on the subjects which excite the popular mind, in a form which might be given to the public. In complying with this alternative request, since the first is impracticable, I hope I shall not be considered presumptuous. While I am desirous of avoiding intrusion, I am unwilling to shrink from the performance of a duty; and, having passed a great portion of my life in the service of this State, I do not feel at liberty to withhold my opinion on any question of public interest con- cerning which my fellow-citizens may desire the expression of it.
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