USA > Indiana > Early Indiana trials: and sketches. Reminiscences > Part 34
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EARLY INDIANA TRIALS.
THE ASHBURTON TREATY.
SOON after in executive session, the treaty between the United States and Great Britain, known as the Ashburton treaty, came up for rati- fication. The pressing objects of the treaty were to establish the boun- dary line between the United States and Great Britain, known as the North-Eastern boundary, which had not been previously ascertained, and also to provide for the reciprocal surrender of fugitives from jus- tice escaping across the line. The treaty fixed the boundary upon the parallel of 49 deg. to the end of the established line east of the Rocky Mountains. The line was extended by a subsequent treaty on the same parallel of latitude to the Pacific ocean. The questions arising upon the treaty in the Senate were debated at great length, and with signal ability by the distinguished Senators who took part in the dis- cussion. Mr. Clay led off in favor of the ratification in an able speech. Mr. Allen of Ohio, replied, directing his objection to the boundary not being far enough north to include our claim to territory. Some South- ern Senators thought that the treaty should contain a clause providing for the surrender by Great Britain of fugitives from labor as well as from justice. The debate continued for weeks in executive session, with closed doors, with great power and unsurpassed eloquence. The whole line of our foreign policy and extensive relations with the civil- ized world, and especially with Great Britain, including the Impress- ment question, the Caroline case, the Creole slave case, the Me Loud case, the extended boundary question west of the Rocky Mountains, were discussed at great length. Mr. Benton opposed the treaty on many grounds, in able speeches, as will be seen by reference to his " Thirty Years." The debate had seemingly closed, the final question was put by the Chair, when Mr. Calhoun rose and addressed the Senate in one of the most powerful speeches he ever delivered on that floor. He maintained every clause of the treaty, passed a high eulogy upon Lord Ashburton, and did Mr. Webster full justice. The vote was taken, and the treaty ratified. With Mr. Benton, I thought there were several matters that might have been included in the treaty, but as it contained much that was essential to the peace and good understand- ing of both nations, I did not hesitate in voting for it.
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GEORGE H. PROFFITT.
GEO. H. PROFFITT.
Ir seems to be desirable to some of my friends that muy sketches should visit Southern, Western and Northern Indiana. I very much wish to gratify the desire, and may yet look over those fields for sub- jects of sufficient importance to interest the general reader. I am sure I can find many such. This sketch I direct to the South.
In the great campaign of 1840, which resulted in the triumph of General Harrison, there were few speakers of greater prominence than George H. Proffitt, of Petersburgh, Pike county. He was in person below the medium size, short, slim, and spare, a good mouth, head small, high forehead, cheeks bony, dark eyes, light brown hair. He was quick and ready, his voice remarkably loud and clear, possessed a finent elocution, and a fertile imagination. The great power of Mr. Proffitt was on the stump before the people. I first became acquainted with him at Washington City, while he was in the House of Repre- sentatives. He very soon made his mark in the House, and rose to a highly respectable position as a ready debater. As a popular speaker, in addressing the masses, few stood higher in the East. One evening, after dark, I was passing down the avenue from Capitol Hill, at Wash- ington, when I noticed a large gathering up at the City Hall. I walked up, and found it to be a political Harrison meeting. Many transparencies were exhibited. General Walter Jones, the president, was seated on the platform, surrounded by his vice presidents. Just as I reached the skirts of the crowd, Gen. Jones rose, and at the top of his voice, " Is the Honorable George H. Proffitt, of Indiana, in the assembly ? If so he will come forward and address the audience." A voice in the crowd, " Mr. Proffitt is unable to speak to-night. He exhausted himself at. Wilmington last night." Gen. Jones .- " We are sorry to hear it-the people want to hear Mr. Proffitt. Is Caleb Cush- ing, of Massachusetts, in the crowd?" A voice .- " Yes, Mr. Cushing is here." " Let him come up to the stand." I was much gratified to see our Proffitt stand higher with the multitude as a speaker, than Mr. Cushiug, the distinguished orator of Massachusetts. Mr. Cush- ing took the stand and spoke over an hour. I heard few such speeches during the campaign. He was rather taller thau Mr. Proffitt, inclined to baldness, wide mouth and dark hair. He was fluent, loud, rapid and animated. The only fault I could find at the time with his speech, was its extreme bitterness against the Democratic party. I had been much on the stump in that contest, had heard many dis- tinguished men, and my observation had satisfied me that soft words
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and hard arguments was the true policy. The sun, and not the wind, made the traveler part with his cloak.
Mr. Proffitt abandoned the Whig cause with his friends-Cushing, Wise, Upshur, Gilmer, Spencer, Irwin, and a few others, in 1841. His name was more fortunate than theirs, in not being rejected by the Senate. The reason, however, was that Mr. Tyler wisely withheld the nomination of Mr. Proffitt, until after the Senate adjourned, and then sent him to Brazil as our Charge. The Senate at the next ses- sion refused to confirm the nomination, and he returned soon after, in very bad health, lingered for some time, and died at the city of Louisville. The last time I was at Petersburgh I visited his tomb alone. As I stood silently by his grave, he seemed to rise as in the days of his pride before me, and then sink back to his mother earth. How soon we pass from active life to slumbering death !
JAMES LOCKHART.
WHILE writing this sketch, I heard of the death of my friend Judge Lockhart, of Evansville, the former and present representative to Congress from that District. I had known Judge Lockhart for many years. In person he was much above the medium size, large and portly, forehead prominent, hair and eyes dark. He was a man of acknowledged talents, a forcible speaker, a sound lawyer and a good judge ; made no pretense to what is called eloquence, but was rather a matter-of-fact, straight-forward speaker, and much endeared to his friends. I part with him as I do with all my early friends, with feelings of deep regret. The Judge was a most valuable member of the late Constitutional Convention of our State. He stood by the ancient landmarks with great firmness. I give an extract from his speech on the grand-jury question in the Convention to show his style. On the consideration of the resolution of Hon. John Pettit to abolish the grand-jury system in the new Constitution, Mr. Lock- hart said :
" There is perhaps no question that has been or will be submitted to the consideration of this Convention, of more importance to the people of this State, than the one now under consideration. The question for decision is-shall the grand-jury, an institution which has prevailed for so long a series of years in the country from which we have derived so large a portion of our present laws and institu- tions, and which has been so long and so successfully in operation in this country-be abolished ? This, sir, is an important, a grave ques
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GEORGE G. DUNN-JOHN LAW.
tion, and one which demands the serious consideration of this delib- erative body. The gentleman from Tippecanoe, the Hon. John Pettit, has taken a bold stand in presenting this proposition. He proposes to change essentially the organic law of the State, and upon a point, too, which has not attracted the attention of Constitutional Conven- tions in other States of the Union. He desires to abolish the grand- jury system, and to substitute in its stead public examinations before justices of the peace."
Mr. Lockhart combated the proposition at length, and closed :
" During my brief career at the bar I, have prosecuted for the State, and can bear testimony to the high and honorable bearing of the citizens who usually compose the grand-juries. Let them receive the charge of the Court, examine the statute law of the State, hear the evidence of the witnesses, and, my word for it, ninety out of a hundred of their decisions will prove correet. Malicions prosecu- tions, to be sure, may sometimes be preferred, but abolish the grand- jury system and there will be ninety-nine malicious prosecutions pre- ferred to one made by the grand-jury."
GEORGE G. DUNN.
AND yet another ! The same paper that announced the death of Judge Lockhart, brought the melancholy intelligence of the deccase of George G. Dunn, of Bedford. I knew Mr. Dunn long and well. His was among the first intellects of the State. In person he was tall and slim, light hair and eyes, good features, prominent forehead, pro- jecting chin. He carried upon his physiognomy evidence of talents and great perseverance. As a speaker at the bar, on the stump, in the State Senate, and on the floor of the House of Representatives in Congress, Mr. Dunn stood deservedly high. I thought him among the strongest advocates before the jury I ever heard. His model was his friend Joseph G. Marshall; like him, he forgot himself in his cause, disregarded his voice, taxed his bronchial organs too frequently beyond their endurance, and brought on premature affection of the lungs, which closed his valuable life at the very period when he was in its prime.
JOHN LAW.
I CAN not overlook Judge Law, with whom I have been on the most social terms of friendship for more than thirty years. Judge Law is a noble specimen of our race-large, portly, fine-looking, urbane, kind,
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hospitable and generous. He is a native of Connecticut, settled in Indiana in early times, has contributed largely to the mass of mind, that has brought our State up to its present standard of pros- perity and general intelligence. The mind of Judge Law is of a high order. As a lawyer he stands deservedly high. As a judge of the Circuit Court he was kind, courteous and popular. He was of that class of judges who hear the ease before they decide it, and when he did decide, he was not found sticking in the bark of the case. He looked to the merits and decided, as law and justice in his opinion required, with the strictest impartiality. He felt and aeted like a judge who was blind to the parties, and just to their case. Judge Law is in the bloom of life, and in fine health ; long may he live. Such men can not stay with us too long, to cheer us on while our little barks are buffetted by the winds of time.
JOHN EWING
How shall I sketch my early friend, John Ewing, of Knox ? Mr. Ewing was by birth an Irishman, small of stature, with a rich brogue upon his tongue. To say that he was among the prominent men of the State would be only doing him justice. Mr. Ewing was possessed of talents of a high order. As a speaker he had few superiors. His manner was ardent; his tongue at times sarcastic and bitter. His frankness was proverbial, indeed if he lacked any thing to give him power and efficiency, it was a prudent discretion that would have saved him from the assaults of enemies. But such was the character of Mr. Ewing, that he would neither conceal his thoughts nor cover them with palliatives to save his life. He was a devoted and true friend to those he held as such, and a bitter enemy to those he considered his enemies. He practiced upon the principle of reciprocity for good and for evil : an "eye for an eye " was the rule of Mr. Ewing. He served his distriet many years in the Senate of the State, and in Congress, with decided ability. The last time that I saw Mr. Ewing, his head was as white as the driven snow. He will never see the isle of his birth again. His sun will soon set, leaving many rays behind.
363
FOX AND ASHBURTON.
FOX AND ASHBURTON.
FOR many years Mr. Fox represented Great Britain near our Gov- ernment. He was under the common size, with a good old English face, very large eyes and remarkably heavy brows ; his manners were bland and rather prepossessing, his dress very plain, his conversation interesting. His talents were not of the highest order. IIe was quite a favorite in Washington cireles, hut so far as I have any knowledge, he was never instructed by his Government to make any important treaties with us. Mr. Fox was a relative of the celebrated Charles James Fox, of England, who was said to know every thing by weight and measure, though like our Webster, he paid no attention whatever to his pecuniary affairs, or rather like Cardinal Woolsey, he was "rich in promises but poor in performances," so far as his monetary affairs were concerned. On one occasion, he sent for his Ministerial associ- ates on important business, with directions to enter his mansion by a back window. Several of them arrived. Mr. Fox informed them of his embarrassed circumstances, and asked their advice. One of them frankly advised him to reduce his establishment and dismiss at least a part of his servants. " As we came to your house, we saw over twenty at the front door with staves in their hands." Mr. Fox roared out in a loud laugh. "They are all tip-staffs waiting to arrest me for debt the moment I open the door." The complex relations between the United States and Great Britain, had assumed a character greatly em- barrassing to both nations, when it was determined on the part of the British Government to create a special mission to the United States, to aet directly with our Administration at Washington, with full pow- ers to negotiate a treaty between the two nations. On the part of Great Britain, Lord Ashburton, of the house of Baring & Brothers, who had married an American lady, and entertained friendly feelings toward the United States, was appointed, who with Messrs. Mildmay, Bruce and Stepping, formed the legation. Mr. Webster, Secretary of State, received full powers from President Tyler to enter into negotia- tions with Lord Ashburton upon his arrival.
Matthew St. Clair Clark, of Washington City, in the days of his highest prosperity, had built a splendid mansion across the open square in front of the north portico of the President's house, at a cost of some $75,000, and furnished it finely. Lord Ashburton requested Mr. Webster to rent him furnished lodgings for the reception of himself and suite, on their arrival at Washington. Mr. Webster rented Mr. Clark's mansion, furniture and all, and agreed to pay $1000 per month, and keep it one year, with the refusal for another, and also to pay all
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damages done to the property and furniture. Lord Ashburton took possession of the house, held it ten months, paid $12,000 rent, and $1,000 damages, for breaking some lights of glass, tearing and soiling the paper of one of the rooms ; all this Mr. St. Clair Clark told me.
About the close of the mission, I was invited with other Senators, by Lord Ashburton, to his dinner party, at the hour of six o'clock in the evening, the common hour for dinners at private parties, from the President down, at Washington City. Punctually at the hour, Sena- tor Huntington of Connecticut, rang the bell at the door of the foreign Minister. In a second the door opened and there stood before us one of the finest dressed gentlemen I had seen for many a day ; fine black coat, white vest, white neck-handkerchief neatly tied, black breeches, tied at the knees, long white silk stockings, morocco shoes, tied with black ribbons, white silk gloves, powdered whiskers, gold watch-chain across his breast ; bowing politely, " your names, gentlemen ?" Judge Huntington gave him our names, which he announced in a loud voice to the gentleman who stood at the door of the audience-room in the hall, dressed precisely like the first. We approached, he bowed politely, opened the door and announced our names. As we entered, Lord Ashburton took us by the hand with great cordiality, and introduced us to the few guests present. So the form continued until all were present, some thirty Senators, the President, his Cabinet, and the for- eign Ministers.
I felt some curiosity of course, to see how the dinner of a British lord, with such distinguished guests would pass off. I soon perceived that Lord Ashburton had uncommon social powers. Every body was made quite at home. His manners were so free and easy, his conver- sational powers so fine, the notice he took of all his guests so pleasant, his dress so plain, much more so than his servants, that I never saw a party enjoy themselves better. Lord Ashburton was about five fect ten in hight, heavy made, ahout the size of Mr. Webster, black hair, dark eyes, heavy brows, large head, broad, high forehead, fine features, open free countenance. He was evidently a man of a very high order of talents, and I may say with entire confidence that no other foreign Minister ever impressed himself more favorably upon the American mind. Mr. Mildmay was slim, with a light complexion, blue eyes, pleasant spoken and gentlemanly. Mr. Bruce was of the Home De- partment, fleshy, black hair, eyes and whiskers. He was a very inter- esting gentleman, and with his high conversational powers contributed much to the entertainment. Mr. Stepping, the last of the legation, was small, fair complexion, and light, laughing eyes. His countenance looked like fun lit up. He could keep the table in a roar.
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FOX AND ASHBURTON.
Nine o'clock had come. One of the gentlemen servants passed around with a cup of pure Mocha coffee to stay us for dinner. The hum of conversation filled the long room for another hour. The clock struck ten. The folding-doors were thrown open. Lord Ashburton led to the table and took his seat at the center of the right side as we entered. Mr. Bruce took his scat directly opposite, Mr. Mildmay-took the head, and Mr. Stepping the lower end of the table. I had the honor of a seat at the left hand of his Lordship, while Mr. Webster was seated at his right. The servants, or rather waiters, dressed as I have described, were stationed back of the chairs- the chief at the head of the table. I heard not a word among them during the repast, all went only by motions, silently, like clock-work. Turtle-soup, about a spoonful, the first course. The whole service was silver. I saw no gold plate, that evening. I was struck with the courtesy between the waiters and .Lord Ashburton. A waiter approached with a charlotte russe, " Will your Lordship be helped?" "No, I thank you, sir." We went through twelve changes at the table ; dinner lasted two hours ; we rose and retired to the drawing-room. The clock struck twelve, the waiter entered with strong Mocha coffee. We drank a parting cup, took leave of the British Minister and the members of his legation, impressed with the truth that great men are always found to be plain gentlemen. I visited Lord Ashburton on another evening, at his invi- tation, which I may notice before these sketches close.
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EARLY INDIANA TRIALS.
DOUGLASS MAGUIRE.
AMONG the early and prominent settlers at Indianapolis, from Ken- tucky, was the subject of this sketch. He was long my near neighbor and friend. I called at his door this morning, and learned from his son that the doctor had advised his friends not to visit his room ; that he could survive but a few days. Thus pass away the enterprising pioneers of the State. We have had but few more useful men than Douglass Maguire. He has filled many important offices in the State, to the entire satisfaction of the people. He was one of the most con- scientious men I ever knew ; strictly honest in every sense of the word. An ardent friend of Henry Clay, personal and political. In person he presented a strong resemblance to that distinguished man-tall and slim, wide month, high forehead, prominent features. His health was for years very delicate, but his noble spirit seemed to animate and keep up his weak body, until within the last few days. Mr. Maguire was a member of the Constitutional Convention of 1850, from the county of Marion. As a delegate he came fully up to the just expectations of his friends. Mr. Maguire took a very active part in the business of the Convention ; was among the best speakers of the body-plain, practical, direct to the question, never wasting his time in circumlocn- tion. He will leave a wide void in the society in which he moved at the capital.
WILLIAM J. BROWN.
FEW men of his age, in the West, have filled so many high posi- tions as the subject of this sketch, and few were so well known to so many. Mr. Brown was a man of untiring industry, and of great energy of character. He held the high offices of member of the Legis- lature, member of Congress, and Assistant Postmaster General. Ile had always at command an inexhaustible fund of wit, humor, and interesting anecdote. For many years he was one of the most formid- able Democratic public speakers in the State. In person Mr. Brown was under the medium hight, of rather delicate constitution, his head and shoulders slightly stooping, high, capacious forehead, light brown sandy hair, prominent features. Ere he had passed the meridian of life he fell a victim to a fatal bronchial disease, contracted by exposure while discharging the duties of mail-agent, for the Post-Office Depart- ment-in which capacity he rendered great and valuable services in detecting mail robbers, and having them punished. Mr. Brown was
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HENRY P. COBURN-JOHN HENDRICKS.
the father of Austin H. Brown, of Indianapolis, and of Lieut. George Brown, of the United States Navy. His body lies in the Indianapolis Cemetery.
HENRY P. COBURN,
ONE of the valuable men of carly Indiana, was the subject of this sketch. I became acquainted with Mr. Coburn in the year 1822, at Corydon, where he was Clerk of the Supreme Court. Our intimaey grew into friendship in after years, when we had both become citizens of Indianapolis. Mr. Coburn was, for many years, clerk of the court, one of the most faithful officers in the State. Of all the men I have ever known, Mr. Coburn was one of the most conscientious ; punc- tiliously honest in all things. He took a very active part in the cause of education, in carrying into effect the graded system of schools of Indianapolis, and was among the best exhibitors at the fairs, of fruits from the orchards he had cultivated with his own hands. He was a worthy member of the Second Presbyterian Church for years. Mr. Coburn stood among the most esteemed citizens of Indianapolis, died lamented by all, and lies sleeping in the family vault, in the cemetery at Indianapolis. He was the father of John Coburn, of Indianapolis, and of Augustus Coburn, of Lake Superior.
JOHN HENDRICKS.
IN early days the counties of Decatur and Shelby were in the woods. The counties had just been organized ; the first term of the courts were about to be held. William W. Wick was president judge. The Court met at Greensburgh, in a log building on the north side of the public square. The Court and bar stopped with Thomas Hendricks, a brother of Gov. William Hendricks. There were few cases on the docket. Court lasted only two days, when the judges and lawyers left for Shelbyville, where the term was to commence on Thursday of the same week. We started in fine spirits from Greensburgh, after break- feast ; the day was cloudy, dark, and drizzling; there was no road cut out then between Greensburgh and Shelbyville; there were neighbor- hood paths, only, in the direction between them. Judge Wiek rode a spirited animal, and at once took the lead. Away we went, at a rapid traveling gait ; all at once the judge stopped at a little log cabin, at the forks of the paths, upon the gate-post of which hung a rough
1
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board, with the word "Whisky " marked upon it with chalk. The judge hallooed at the top of his voice, the door opened, and out came the woman of the cabin. The Judge .- " Have you got any whisky ?" "Yes, plenty ; but we have no license to sell, and we will be prose- cuted if we sell by the small. You can have a gallon." " A gallon ! I don't want a gallon ; a tincupful, with some sugar, will do." " You can't have it." " Fetch it out. I am the president judge of the Cir- cuit Court, and this is Mr. Smith. He can quash any indictment these woods' prosecuting attorneys can find against you. Fetch it out, there is no danger of prosecution." Thus assured the old woman returned, brought out the whisky and sugar ; the Judge took the lion's part, and on he went, but took the path that led to Brookville, instead of the one to Shelbyville. We all followed, but soon becoming aware that we were on the wrong road, we turned, came back to the whisky board, struck the Shelbyville trace, and just at night rode up to the residence, in the woods, of Col. John Hendricks, near Shelbyville. The Colonel received us with a hearty welcome, turned our horses out in his pas- ture-field, and we all walked over to town, about half a mile.
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