USA > Indiana > Early Indiana trials: and sketches. Reminiscences > Part 8
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EARLY INDIANA TRIALS.
[WEDNESDAY MORNING, AUGUST 12, 1857. ELECTIONEERING.
I HAVE sketched the most important trials that were had during my two years as circuit prosecuting attorney, which ended with the spring term of 1826, when I became a candidate for Congress and resigned. Amos Lane was appointed my successor. The most of the sketches that will be given are of after occurrences.
My competitor for Congress in 1826, the Hon. John Test, was one of the first men in the State, had been on the court bench, was a fine lawyer, a good speaker, and had represented the district three full terms. The contest on my part looked at first almost hopeless. Stump speaking was just coming in fashion. The people met our appointments by thousands. The judge had his high character to aid him, and I brought to my aid a strong voice, reaching to the very extremes of the largest crowds. The judge went for the graduation of the public lands, and I went for home gifts to actual settlers. My position was the most acceptable to the masses. We met in Allenville, Switzerland county, on one occasion. The whole country was there. The judge was speaking, and for the first time introduced the new subject of railroads. He avowed himself in favor of them, and said he had voted for the Buffalo and New Orleans road, and then rising to the top of his voice, "I tell you, fellow-citizens, that in England they run the cars thirty miles an hour, and they will yet be run at a higher speed in America." This was enough. The crowd set up a loud laugh at the expense of the judge. An old fellow, standing by me, bawled out, " You are crazy, or do you think we are all fools; a man could not live a moment at that speed." The day was mine. The judge had ruined his pros- pects by telling such an improbable story at that day. On another occasion the judge was speaking in favor of the tariff in the highest terms. The people knew but little about it, but what they had heard was decidedly against it; few knew the meaning of the word, and fewer what it was like. One old fellow said he had never seen one, but he believed "it was hard on sheep."
PERILS OF A CONGRESSIONAL CAMPAIGN.
THERE was fun in those days. We had no parties then, and there was some life in a contest-very different from after times, when the candidates had to be engrafted into the party stock, and drew all their life and strength from the party to which they belonged.
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PERILS OF A CONGRESSIONAL CAMPAIGN.
On one occasion in after years I was speaking at a battalion mus- ter in Ripley county, and had spoken over two hours. I noticed an old man leaning against. a tree in front of me. As I closed he roared out, " Mr. Smith you have made one of the best speeches I ever heard, I agree with all you have said. Will you answer me one question before you leave the stand." " Most certainly." " Will you vote for General Jackson ?" " No, sir, I shall vote for Henry Clay." " Then you can't get my vote." The question was between Jackson and Clay, and not between myself and competitor as to who should go to Congress, with the old man then. The contest grew warm, and more and more doubtful. My stock was rising, and with it my spirits. My district covered one-third of the State.
I had not, as yet, visited the county of Allen, some hundred miles north of Randolph. There were no roads, nothing but Indian paths, to travel at that day through the wilderness. In the early part of May I turned the head of my pony north for Fort Wayne. The streams were high and the path for miles under water in places. I rode in that campaign a small brown Indian pony, a good swimmer, a fine pacer, and a fine traveler. The first day after I left the settlements at the Mississinewa, I reached the Indian station at Francis Godfroy's. The chief was from home, but one of his wives came out at an opening in the picketing, and pointed toward Fort Wayne; the chief was there. She could not speak a word of English. I pointed to the stahle, then to my horse, then to my mouth, then laid my head on my hands, shut my eyes, and commenced snoring. She seized the reins of the bridle; I dis- mounted and passed through the pickets into the house. My faithful pony was fed .- Night came on at length ; supper was announced, by motions ; corn bread, venison, and sassafras tea, a bear skin on the floor for a bed, and sound sleeping followed. Break- fast of the same over, and I was about starting alone, when there came up an Indian that could speak a little broken English. I agreed with him for a guide for two dollars for a day to get me over the Salamonia and the Wabash rivers. We were soon on our horse's, and off went my guide at full speed on his pony, and was soon out of sight. I overtook him, however, at the Salamonia. In we went, he leading. The ponies swam beautifully ; and away we started for the Wahash. The path wound around the ridges until the river came full in sight. It was high, clear over the bank, and the current very rapid. The sun was some three hours high, the day warm and not unpleasant. I had neglected to provide any food, or even a knife for defense. The moment we reached the river
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EARLY INDIANA TRIALS.
the Indian jumped down, peeled some bark from a hickory sapling, and spancelled the fore legs of the ponies. I sat down on the bank. The Indian was out of sight in a moment, in the woods, and I saw nothing of him for an hour, when he returned with the bark of a hickory tree, about twelve feet long and three feet in diameter. A fire was soon made. The bark was metamorphosed into a round- bottomed Indian canoe. The sun was about an hour high. The canoe was launched ; my saddle, saddle-bag, and blanket placed in one end, and I got into the other. With my weight the edges were about an inch above water. I took the paddle, and, by using the current, landed safely on the other shore. The Indiau swam the horse over, and held up two fingers. I paid him the two dollars; he started back, and I mounted the pony and striking the path went off at half speed. It was after twilight, when I came to a large lake, directly in my way. Fearing to go in, I turned the pony and rode out into the woods, to the top of a beech tree that had been blown down some time before. Dismounting, I tied the pony to the brush of the tree, took off the saddle-bags and blanket, and laid down, without any thing to eat, and very tired. In a few moments I heard the howling of wolves in every direction, some- times close to me. The last thing I heard, as I fell a sleep, was an old wolf barking some twenty feet from me. I slept soundly through the night, and when I waked the sun was full in my face. At dinner I was at the hotel table in Fort Wayne, with an excellent appetite, having eaten nothing from early breakfast the day before. I made a speech that day from the porch of the hotel, and returned directly home. The election came on, and I received just ten votes in the county of Allen, to reward me for my perilous trip, while my majority in the district was over fifteen hundred.
A CHALLENGE.
THE day after the election I was erossing the street at Conners- ville, when I heard the sound of horns up Main street, and in a few minutes I was surrounded by about fifty men on horseback, - with Michael Spencer among them. I saw in a moment that they were political opponents, come to let me know that the vote of their township had gone against me. Spencer .-- " How many votes do you think you got in our township ?" " None, if you had any sense." " What do you mean by that ?" "I mean that when I go to Congress, at least one-half of you will be in the penitentiary before I get back : nobody else can defend such men." Spencer .- " You shall account for that."
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A CHALLENGE.
A day or two afterward Spencer called on me to defend him against an indictment in the Fayette Circuit Court, for challenging a man to fight a duel ; by our laws at that time it was a penitentiary offense. I remarked, " Just as I told you." The trial came on at next term of the court, and Spencer was acquitted upon an "if." The challenge was, " If you will get a second and meet me to-morrow morning with pistols, I will meet you with my second and pistols." Judge Eggleston charged that it was not a challenge, but a mere conditional proposition that required an acceptance to give it the character at law of a challenge.
In my next I may sketch the trip of Gen. Noble and myself, seventeen days on horseback, to Washington City in the fall of 1827, and take some notice of the House, and of some occurrences that took place during the session.
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EARLY INDIANA TRIALS.
[THURSDAY MORNING, AUGUST 13. 1857. STATE ORGANIZATION AND DIVISION OF PARTIES.
As I have already found that these Reminiscences can not be con- fined to trials alone, and give to them the interest desirable, I have concluded to take a wider range, and sketch other interesting incidents, that the reader may look for as they appear.
I came to Indiana in the spring of 1817. The political affairs of the State were then in the hands of three parties, or rather one party with three divisions-the Nohle, Jennings and Hendricks divisions- which were all fully represented in the convention that formed the constitution of 1816. Gen. James Noble and Jonathan Jennings were delegates. Jennings was elected President and William Hendricks Secretary of the convention. It was evident to these leaders that per- sonal political conflicts must arise between them unless the proper arrangements were made to avoid them. It was then agreed between them to aid each other in making Noble United States Senator, Jen- nings Governor, and Hendricks Congressman. An apportionment was made in the constitution to suit all parties. It was provided, at the close of Section 20 of Article 3, " Nor shall any member of either branch of the General Assembly, during the term for which he is elected be eligible to any office, the appointment of which is vested in the General Assembly. Provided that nothing in this constitution shall be so construed to prevent any member of the first session of the General Assembly from accepting any office that is created by this Constitution, or the Constitution of the United States." There were three judges to be appointed for the Supreme Court. Each suh-divis- ion was entitled to one. Gen. Noble selected Jesse L. Holman, living on the beautiful hights of the Ohio river, above Aurora, a good law- yer and one of the most just and conscientious men I ever knew. Gov. Jennings selected John Johnson, a fine lawyer and an excellent man. He lived but a short time, and after his death, in the winter of 1822-3, I named the county of Johnson for him in the Legislature, and not for Col. Richard M. Johnson, as some suppose. Gov. Hendricks named James Scott, of Clark county, a Pennsylvanian, one of the purest men in the State, a good scholar, and a fine lawyer. The opinions of no judge of our Supreme Court up to the present day, are I think entitled to stand higher with the profession than his. A strong common sense view of the case enabled him to select the grain of wheat from the stack of straw, and say, holding it up to the parties without discussing the chaff, "It is my opinion that this is a grain of wheat."
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FIRST ELECTION OF OFFICERS, ETC.
FIRST ELECTION OF OFFICERS.
THE Constitution was ratified, the election held, and the Legislature met. Jonathan Jennings, was elected Governor ; William Hendricks to Congress, General Noble and Waller Taylor to the Senate of the United States; Jesse L. IFolman, John Johnson and James Scott, Supreme Judges. Judge Johnson lived but a short time, and Isaac Blackford, of Vincennes, a young lawyer, from New Jersey, a gradu- ate of Princeton, was appointed to the vacancy. Like Judge Story, he looked too young for that high judicial station, but, to say the least, he came fully up to the expectations of his friends, as his decisions and reports conclusively show. He is now one of the judges of the United States Court of Claims, sitting at Washington. The principal characteristic of the mind of judge Blackford, is caution. He never guesses. He is emphatically a " book judge." Declamation with him is nothing, precedent and good authority, every thing.
MONROE'S SECOND ELECTION-GENERAL NOBLE.
THE State organization and the distribution of offices went on swim- mingly, the chiefs changing hands as in a country dance. Hendricks left Congress, Jennings left the Executive Chair, and went to Con- gress, and Hendricks was elected Governor ; Noble was re-elected to the Senate, Waller Taylor died, Gov. Hendricks resigned, was elec- ted to the United States Senate, over Judge Blackford, his competitor, by one vote ; James B. Ray, President of the Senate, became ex-officio Governor, Judge John Test was elected to Congress in the third dis- trict, Jonathan Jennings in the second, and Ratcliff Boone in the first. Thus stood political and judicial matters at the time the second elec- tion of Mr. Monroe came on before our Legislature. There was no opposition. The people knew nothing about it. The Legislature sit- ting at Corydon, appointed the electors. The first notice I had that there had been a Presidential election, was from an extract in our Connersville newspaper taken from the Corydon paper, giving the names of the electors, among which was Daniel J. Caswell, and the giving of the vote of the State for Jas. Monroe and Daniel D. Tom- kins, and yet as good and quiet an administration followed as any that is likely to be produced by our exciting elections at this day. Gen- eral Noble was, as the saying is, born for a leader. His person, his every act, look, and motion suited the populace. He was emphati- cally a self-made man-quick, ready, and always prepared. His taste was quite military, and the old settlers of Whitewater will not soon forget the General, in full uniform, mounted on " Wrangler " at the
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EARLY INDIANA TRIALS.
head of his division. He served two full terms in the Senate, died a Senator, comparatively a young man, and lies entombed in the Con- gressional Cemetery at Washington.
GOV. JENNINGS.
GOVERNOR JENNINGS, I also knew well. His great forte, like that of Martin Van Buren, was in managing the wires that controlled popular elections. Still, he was by no means destitute of talents. His messa- ges read well, and he made a useful business member of Congress. As a public speaker he was not admired, but on paper he was a very formidable competitor. The Governor has long since been gathered to his fathers.
GOV. HENDRICKS.
GOVERNOR HENDRICKS was my early friend ; gave me the first office I ever held in the State, and although I was elected over him, in 1836, to the Senate of the United States, we were personal friends till he died. The Governor, in person, was large and commanding ; his man- ners were very popular. IIe had a smile on his face and a warm shake of the hand for all he met. He was not of the very first order of talents, but made all up by his plain, practical, good sense. He never attempted to speak upon subjects he did not understand. He made a good Governor, and stood well as a Senator. He too, has left us, and gone to his reward, at an advanced age.
JOHN TEST.
JUDGE JOHN TEST, the father of Judge Charles H. Test, was one of the first circuit judges, and served four terms in Congress from his district. He was one of the best lawyers of the State. Ilis great forte was in sympathetic and persuasive appeals to the jury, in which he was eminently successful. He stood deservedly high, both as a law- yer and statesman. The Judge wore a black suit, with his queue to his waist. He died at a good old age, honored and respected by all who knew him.
GOV. RAY.
JAMES B. RAY, the successor of Governor Hendricks, was the young- est man that had ever occupied the chair, at the time of his election. In person, he was above the ordinary size, with a high forehead, rather projecting, and a long queue. He was a popular stump-speaker, was
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AMOS LANE, GOV. NOBLE, ETC.
never beaten before the people for Governor, at one time beating Judge Blackford, at another Dr. Israel T. Canby and Harbin H. Moore. Ile was a zealous lawyer, but entered the political field before his forensic powers were fully developed. The Governor died comparatively a young man.
AMOS LANE.
AMOS LANE was extensively known, both as a lawyer and a politi- cian. Ilis person was tall and commanding, of the finest mold, his gestures easy and graceful, his enunciation distinet and deliberate. He was strong before both court and jury. He was at one time Speaker of the House of Representatives and afterward represented his district in Congress. Mr. Lane was the father of George W. Lane of Dear- born, and of Col. James H. Lane of Kansas. He died in Lawrence- burgh, in advanced age.
GOV. NOBLE.
NOAH NOBLE succeeded Governor Ray, and served two full terms. He was brother to Gen. James Noble, and one of the most popular men with the masses in the State. His person was tall and slim, his constitution delieate, his smile winning, his voice feeble, the squeeze of his hand irresistible. He spoke plainly, and well, but made no pretense to eloquence. As Governor he was very popular ; his social entertainments will long be remembered. Gov. Noble died some years ago of consumption, in early life, and lies entombed in the cemetery at Indianapolis.
GOV. WALLACE.
DAVID WALLACE succeeded Gov. Noble for a single term. He was a West-Point graduate, a good lawyer, with a brilliant imagination, a clear, musical voice, and an eloquent flow of language. His person was fine, his eye piercing, his manner and gestures unsurpassed. He was in his early days one of the most eloquent speakers I have ever heard.' The Governor is the father of William Wallace, of this city, and of Senator Lewis Wallace, of Montgomery, is still in full life, hold- ing the office of Judge of the Court of Common Pleas at Indianapolis.
I may possibly continue these sketches of persons, until I have touched all the Governors, and the subsequent Judges of the Supreme Court, with a glance at the bar; but not yet.
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EARLY INDIANA TRIALS.
[FRIDAY MORNING, AUGUST 14, 1857.
A NEW MODE OF EFFECTING A RECONCILIATION.
THE middle of November, 1827, had come. I returned from Indianapolis Saturday night, and the next Monday evening met General James Noble at Blair's Hotel in Hamilton, Ohio, on our way to Congress. We rode good walking horses, and at the end of the seventeenth day dismounted at the Indian Queen hotel at - Washington, kept by Jesse Brown. There were no railroads across the mountains then, stages were " all the go," and traveling on horse- back fast going out of fashion. But the General stuck to the old mode all his life. The usual variety of scenery and incidents occurred on the route, interesting to me then, but of too little importance to have a place here, until we came to the top of the Alle- ghany one morning, where we stopped to breakfast. Just as we were sitting down to the table, the stage drove up. I stepped out, and found Gov. Jennings sitting on the back seat, the only passenger. I was then full of fun and mischief, and being aware that Noble and Jennings were at sword's points, not having spoken together for years, I halloed out at the top of my voice, "General Noble, come out here ; here is a friend who wants to see you !" Noble left the table, ran out to the stage, opened the door and thrust his head into the face of Gov. Jennings, who was leaning forward. "Good morning, Governor, give us your hand." "Good morning, General, I am happy to see you." The stage drove on, and we returned to the table. The General gave me an inquisitorial look, " Did you not know that I never speak to Governor Jennings ?" But from that time forth these leading politicians became reconciled, and continued friendly while both lived.
THE TWENTIETH CONGRESS.
ELEVEN o'clock Monday morning had arrived. The Hall of the House of Representatives was filled with members, the old acquaint- ances shaking hands, and we young ones looking on. Our State was represented by Governor Jennings, Thomas H. Blake, and myself in the House, and General Noble and Governor Hendricks in the Senate. I had heard and read much of the distinguished men of the nation, and I was now about to see them for myself. I shall long remember the deep interest I felt when Mathew St. Clair Clark began to call the roll. Nor can I forget the impression made upon me, as these distinguished men walked forward in front of the
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THE TWENTIETH CONGRESS.
Clerk's desk, to be qualified ; nor yet the appearance of Judge Story as he administered the oath to support the Constitution of the United States. The reader will see by the few names my space will allow me to give, that the House of Representatives of the Twentieth Con- gress has never been surpassed, if equalled by any other since the organization of the Government.
I name, leaving the reader to supply the States that had the honor to elect them : John Randolph, Phillip P. Barbour, Andrew Stevenson, William C. Rives, William S. Archer, John Floyd, Charles Fenton Mercer, John S. Barbour, Alexander Smyth, James Buchanan, Richard Coulter, John Seargent, Andrew Stuart, Samuel D. Ingham, Samuel MeKean, George Wolf, Joel B. Sutherland, Charles Miner, George Kreemer, Edward Everett, John Davis, Isaac C. Bates, John Reed, Tristram Burgess, Dutee J. Pearce, Silas Wright, Henry R. Storrs, Thomas J. Oakley, Gulian C .. Verplanck, John W. Taylor, Churchill C. Cambreling, Ogden Hoffman, John C. Clark, Aaron Ward, Stephen Van Rensellaer, Selah R. Hobbie, Peleg Sprague, John Anderson, Gen. Ripley, Ichabod Bartlett, Rufus MeIntire, Benjamin Swift, Rollin C. Mallory, Ralph J. Ingersoll, David Plant, Dr. Condiet, Dr. Swan, Joseph F. Randolph, George MeDuffie, William Dray- ton, William D. Martin, James Hamilton, Jr., Lewis Williams, James K. Polk, John Bell, John Blair, Prior Lee. David Croek- ett, Edward Bates, John C. Wright, Joseph Vance, Elisha Whit- tlesey, James Findlay, Samuel F. Vinton, John Woods, John Sloan, Mordecai Bartley, William Creighton, William McLean, William Stansberry, Edward Livingston, Joseph Duncan, Richard Buck- ner, Charles A. Wickliff, Robert P. Leteher, General Thomas Metcalf, Governor Clark, Henry Daniel, Robert Mellatton, Austin E. Wing, Joseph W. White, Wilson Lumpkins, Thomas P. Moore.
But enough. Think it not strange that I should have looked at that day, upon such a body of men, with admiration, mingled with awe. They were mostly just entering upon the verge of middle life, with enough of youthful blood coursing their veins to give them quiek and rapid action, and enough of age to mature their judg- ments in debate.
I wish my space would permit me to sketch some of the leaders, as I can yet see and hear them. It was the last Congress under the administration of John Quincy Adams. Gen. Jackson's popu- larity had returned to the House a majority, and Andrew Steven- son was elected Speaker over John W. Taylor.
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EARLY INDIANA TRIALS.
THE TARIFF DISCUSSION.
THE Tariff of 1828 was, that session, the prominent measure. It was debated long and ably. Two main ideas occupied the ablest speakers,-whether there was constitutional power to enact a protec- tive tariff, and whether duties should be imposed upon the ad valorem or the specific principle. There were others equally important, as incidental,-whether high duties or low duties, would raise the most revenue. Some insisted that the duties laid by the bill were so high that the overflowing treasury would introduce extravagance and prodigality on the part of the administration, while others con- tended that it was low duties that would produce that result. The wiser of the debaters held that the only way to keep down the anticipated treasury plethora, was to lay high duties on articles of extravagance, and increase the free list, so as to include the neces- saries of life. The Northern members were supporting the bill, the South opposing in mass, many Western members with them. Still it was likely to pass. Silas Wright and James Buchanan, leading Democrats, were warm in its support, - I voted with them. A caucus of the opponents of the bill was held and next day a motion was made to increase the duty on molasses ten cents per gallon, being an increase of a hundred per cent. ad valorem. The object of the amendment was to choke off the Northern members, and indirectly to kill the bill.
SCENE BETWEEN BURGESS, OF R. I., AND DAN- IEL, OF KY.
THE moment the amendment was announced by the chairman, in committee of the whole, Mr. Burgess, of R. I., arose and implored the mover to withdraw it. He showed its effects upon the trade between the Eastern States and the adjacent islands, in timber and return cargoes of molasses, which was the daily food of the poor. His speech was short and to the point. As he took his seat Henry Daniel, of Kentucky, spraug to his feet and roared out at the top of his voice, "Mr. Speaker, let the constitueuts of the gentleman from Rhode Island sop their bread only on one side in molasses, and they will pay the same duties they do now." Mr. Bartlett, of New Hampshire, remarked to me, " Now look out for Tristram, Harry will catch it." Mr. Burgess arose, with fire beaming from his countenance, and addressed the chair. "The relief proposed by the gentleman from Kentucky, is but adding insult to injury. Does not that gentleman know that established habit becomes second uature,
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