The bench and bar of New-York. Containing biographical sketches of eminent judges, and lawyers of the New-York bar, incidents of the important trials in which they were engaged, and anecdotes connected with their professional, political and judicial career, Part 18

Author: Proctor, L. B. (Lucien Brock), 1830-1900. cn
Publication date: 1870
Publisher: New York, Diossy & company
Number of Pages: 812


USA > New York > The bench and bar of New-York. Containing biographical sketches of eminent judges, and lawyers of the New-York bar, incidents of the important trials in which they were engaged, and anecdotes connected with their professional, political and judicial career > Part 18


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as we have seen, were hostile to the federal constitution, because they believed it sustained slavery, being one of the factions into which the friends of the negro were divided.


At this period, anti-slavery societies were formed in many of the northern States, under some of the di- visions which have been mentioned.


In the language of Horace Greeley, there was "a large and steadily increasing class, who though de- cidedly anti-slavery, refused either to withhold their votes, or to throw them away on candidates whose election was impossible, but persisted in voting at every election so as to effect good and prevent evil, to the extent of their power."


For several years prior to 1830, the anti-slavery movement caught the attention of Alvan Stewart; the manner of his gradual identification with it illustrates how the spirit of reform often wrestles with an intelli- gent and gifted mind.


He came at length to consider what he called "the mighty question of human liberty placed under the control of twenty-seven State constitutions, their laws, and the federal constitution, and acts of Congress, and the ten thousand forms which liberty may be abused, from the most horrible slavery, to the slightest inva- sion of a trespass;" and he entered the crusade against slavery with all his mind, might, and ability, believing in that reciprocal equity-those elevated truths, which teach "that all men are endowed by their Creator with certain inalienable rights."


Whatever were his faults, extravagances, or fanat- icism ; the heroic self-denial with which he gave him- self to this cause, the splendid and lofty eloquence with which he maintained his position, won the warm- est attention, sympathy, and commendation.


The history of nations proves beyond successful cavil, that men are more apt to suffer from ultra con- servatism, than from their destructive radicalism.


The practical cures for evils in government are 15


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often difficult. "Many will assent to all that may be affirmed as to the reality of those evils, who, through a short sighted prudence, will object to every practical method of redress ; believing, that they must be suf- fered as a matter of duty, because there are incidental evils in the remedies."


This point was directly met by Mr. Stewart, in maintaining that no people can be obliged to suffer from their rulers, because they choose to do what they have no inherent right to do.


In 1838, The New York State Anti-Slavery Society was formed, and Alvan Stewart was its first president.


So deeply did he enter into the measures of the society, that he nearly abandoned the practice of his profession. Such, however, was his reputation as an advocate, that he could not entirely emancipate him- self from all professional duties ; but he gave up his office, and only attended the courts at the solicitation of his old clients, whom he could not shake off.


He traveled through the New England and western States, organizing anti-slavery societies, collecting funds to sustain them, and addressing large bodies of people ; bravely confronting passion, bigotry-organ- ized and unorganized hostility-the extremities of lynch law, and all manner of threatened violence.


At Utica, the home of Mr. Stewart, the announce- ment that a meeting of the Anti-Slavery State Society would be held there, on the 11th of August, 1835, pro- duced the most intense excitement, resulting in an or- ganized opposition to it, which subjected him to great personal danger.


Notwithstanding the threats, that if he attempted to organize the meeting, he would be mobbed, he was promptly in his place, and as the clock struck the hour for opening the meeting, he called the assem- blage to order. The first business of the meeting was speedily accomplished, before any violence could be attempted.


The scene which followed is thus graphically de-


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scribed by Luther Rawson Marsh, in the introductory chapter to his valuable work entitled, "Writings and Speeches of Alvan Stewart, on Slavery."


" While Mr. Lewis Tappan was reading the decla- ration of the sentiments of the convention," says Mr. Marsh, "a force, in the form of a numerous committee of the citizens of Utica, who had been appointed by the court-house meeting, entered the church, followed by an enraged mob which crowded the building. The committee demanded to be heard. The multitude shouted. It was impossible for a Stentor to lift his voice above the terrific din. Alderman Kellogg, a man of great personal strength, was seized, struck, and his coat torn to pieces. The proceedings of the convention were drowned in the yells, oaths, tread, and rush of the frantic throng. Mr. Stewart vainly attempted to be heard. Angry menaces at intervals, as the crowd paused for breath, rang through the church. The aged secretary, a clergyman and revo- lutionary soldier, was rudely handled, and his papers seized. The brave old man would not surrender them, but scattered them defiantly in the air. The conven- tion, unable to proceed in the deafening uproar, ad- journed, and the delegates left the house amid a shower of threats and imprications."


"I was standing near Mr. Stewart," says Mr. Storms, "at the hight of the excitement, and saw a porter, named Mathews, a canal runner, and a pow- erful man, take hold of him. Stewart had long been enfeebled by poor health, but his dormant muscles waked up at the touch of his assailant ; his whole soul seemed in his arms, as he lifted the stout porter from his feet, and tossed him like a fly away from him.


"It was always a mystery to Mathews how his strong new coat was rent in twain unnoticed at the time, as he was flung from the giant grasp of Stewart.


" After the adjournment, the hotels were visited, and the foreign delegates ejected. The excitement did not abate. In the evening, the mob demolished the


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anti-slavery printing office, destroyed its furniture, and strewed the street with the offending types. Mys- terious rumors indicated that a night attack was con- templated on Mr. Stewart's house.


"Mr. Stewart becoming convinced that the mob was in earnest in its designs to assail his mansion, went about the necessary preparations for defense. Carpenters were immediately employed ; hasty barri- cades, consisting of large timbers, were put up at the doors and windows. A number of friends were assem- bled who were of the right stuff, and fifty muskets ob- tained and loaded, and all was ready for action. Stewart directed the defenses deliberately, but with earnestness and decision. One of the members of the convention from abroad, who was present, said,


"'Mr. Stewart, I can't stay with you. I am a man of peace.'


"'So am I,' replied he, 'but this house is my cas- tle. It is my duty to defend this household, and I shall do it. I am captain of this fort, and if they come I'll mow down fifty of them in the name of the Lord.'


"It became rumored in the town that a cordial re- ception at Stewart's house might be anticipated. Scouts were sent forth to spy out the position of affairs. Their reports were not favorable to their enterprise, and the contemplated assault was abandoned."


Many of the members of the convention, the next day, by invitation from Gerrit Smith, visited him at his residence in Peterboro. On their way they were assailed by various persons, and were pelted with mud, stones, rotten eggs, "as they marched through an enemy's country."


Thirty-five years have passed away since the mem- bers of that convention were thus driven, like dogs, before an infuriated mob, simply because they were opposed to slavery; and now, how changed is the scene ! The principles of that fleeing crowd have triumphed, and slavery is a thing of the past.


A person charged two lawyers with inciting the


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mob, and those gentlemen of the bar brought an action for slander against the man making the charge. On the trial, Mr. Stewart appeared for the defendant, and his defense was powerful, bold, and inimitable. In all the language of irony, nothing has ever been found to equal some parts of his address to the jury.


"These abolitionists," said he, " were fleeing from a mob at Utica ; but they ran from Scylla to Charyb- dis-they ran from the giant of mobs at Utica, and were brought up by the squadrons of these two cap- tains of rotten eggs-these egg and mud marshals. Instead of the deep learning and pens of these two promising props of the country being employed to show that the abolitionists were wrong, mud and eggs were used, as a safer kind of logic in their hands than the artillery of the mind. These men thought they were a portion of that salutary public opinion of the United States, which governors have told you was the medicine to bring the friends of liberty to their senses."


Mr. Stewart continued to advocate his anti-slavery measures with undiminished zeal ; no better proof of his success is needed than the following extract from a letter written by him to Lewis Tappan, February 11th, 1836, from Utica.


"Theodore Weld is lecturing here, and has been for four nights, in the mob convention church, at Utica, to the admiration of hundreds.


" The house is jammed every night. Not a dog wags his tongue, mob like, against us. The days of mobs are gone by," &c.


In 1842, John G. Whittier wrote to him as follows:


"MY DEAR FRIEND :


" Thou hast doubtless already seen by The Eman- cipator and Free American, that we have declared our determination to secure, if possible, thy attend- ance at our convention of liberty, at Boston, on the 16th of next month ; and, I now, in behalf of the lib-


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erty party of Massachusetts, and in accordance with my own feelings, earnestly invite thee to be present on that occasion.


"The legislature of the State will be in session, and evening meetings will be held in the State house. We must have thee with us. We shall have a mighty gathering, and we want thy voice among us, uplifted in the name of God and humanity. Do not disappoint us. Thy attendance at the Worcester convention was of immense service to us. There is an in- tense desire to hear thee, and thou wilt have such an audience as could not be gathered elsewhere in the Union.


"JOHN G. WHITTIER."


Letters of this kind were addressed to him from all parts of the northern States, exhibiting the estimation in which he was held as a public speaker.


" Alvan Stewart," said the late William Goodell, "was the first to elaborate a compact argument in defense of the doctrine that the federal government had constitutional powers to abolish slavery in the slave States," and he therefore originated and advo- cated the introduction of the slavery question into politics.


"He was," says Mr. Marsh, in his work already referred to, "satisfied that the reform could only be carried by the ballot-box ; he urged the organization of a liberty party, and carried it against the stormy opposition of many who were even then regarded as advance men of the anti-slavery movement."


This little party, beginning only with a few thou- sand votes, swelled its numbers at each successive election, until at last it stood between Whig and Dem- ocrat, holding the balance of power, resulting in that masterly achievement, the union of the Whigs and Abolitionists under the new name of the Republican party, whose existence, thus far, from whatever point


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it may be viewed, has in it much of the material which gives a deep interest to the page of history.


But the ablest forensic-perhaps the ablest effort of any kind, which Mr. Stewart ever made, was at Trenton, on the 21st and 22nd days of May, 1845, be- fore the justices of the Supreme Court of New Jersey, the Hon. Chief Justice Hornblower, and his associate judges.


The cases were entitled, The State v. John A. Post, brought before the court on writ of habeas cor- pus, and The Same v. Van Buren.


The object of these writs was to test the institution of slavery in the State of New Jersey, which Mr. Stewart, counsel for the slaves, contended was abol- ished by the first section of the bill of rights in the new Constitution of New Jersey, which went into op- eration on the 2nd of September, 1844.


His speech occupied about eleven hours ; from its exordium to its peroration, it was listened to with the deepest interest.


He attempted no variety of imagery-no flights of poetry, and but few impassioned sentences ; yet, some of it was sublimity itself. It was reason and law ap- plied to lofty principles of human liberty- it was the natural language of a fearless freeman irradiating his great theory of constitutional rights. He struck at slavery, as Erskine did at constructive treason, in the trial of Lord George Gordon. Erskine's defense was triumphant-the moment he ceased speaking. Stewart triumphed at last; and as constructive treason is a thing of the past in England, so slavery is a thing of the past in the United States; or, as has been already said, as Otis struck for liberty in 1775, so did Alvan Stewart in 1845.


His argument unfolded a theory which was in ad- vance of his age ; it struck out great truths, which fell with mighty power upon the court-it was unanswer- able.


It is not, by any means, a faultless production ;


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portions of it move on in a pace somewhat desultory, while other portions are not entirely free from ver- bosity, and it is wanting in that terse argument, that distinct arrangement by points which generally char- acterizes efforts of that kind before the court in banc; it broke over the banks of conventionality by the grandeur of its subject. But these, and one or two other objections, which might be pointed out, are like a few spots on a great luminous body ; while they may attract the attention of a close observer, they do not diminish its light or deface its beauty.


Some time after the delivery of this speech, his health began to decline, a slow but incurable disease seemed to have seized him, yet he continued to labor with unwearied zeal in the anti-slavery cause, until the latter part of April, 1849, when his disease as- sumed a more acute form, which admonished him, that his days were drawing to a close, and on the first day of May, 1849, it terminated fatally ; he was then in the fifty-ninth year of his age.


The esteem in which he was held, was attested by the general regret and sorrow manifested on the an- nouncement of his death. The public journals, and the bar, in appropriate language, eulogized him, while letters of condolence from the most distin- guished personages in the nation were received by his family. One of his eminent compeers in the anti- slavery movement, thus wrote of him: "That depth of pathos, those outwelling sympathies, never at ebb ; that ever opening heartache for the wronged; that moral courage, which always dared, yet never knew it dared ; all these, with a kindred host, came throng- ing around me, at the thought of Alvan Stewart."


In an obituary notice, written by one familiar with his career, it was said, "He was among the earliest, and certainly among the ablest supporters of the tem- perance cause. He espoused these enterprises when it cost something to make the sacrifice. With no earthly or time-serving motive to gratify, while to


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'entirely refrain' from the agitation of unpopular subjects, would have saved him from a world of odium and malignant misrepresentations, he obeyed the con- victions of his inner man, threw himself into the breach, giving to persecuted reform the support of his superior talent and influence."


His form was tall, well proportioned, and com- manding; his eyes, large and hazel, would, while speaking, often dilate with a sort of electric expres- sion. His manner was impressive, solemn, and self- possessed ; while his audience would frequently be convulsed with laughter at some sally of wit-but such laughter seemed to intensify the solemnity of his countenance.


This contrast between the unrelaxed sobriety of the speaker, and the uncontrollable merriment of his hearers, augmented the effect three-fold.


Frequently, not only in his speeches, but even in his conversation, his emotions would so overmaster him, as to find expression in an outflow of tears. Not- withstanding the harshness and extravagance which occasionally occur in his speeches, almost everything he said had spirit, originality, power, and pathos. No splendid but unmeaning accumulation of phrases, no rhetorical, tawdry, or habitual expletives, marred the chaste beauty of his language.


At times, his powers of description reached even the grand and sublime, producing pictures as vivid as those drawn by the pencil of Rembrandt or Reuben. An instance of this occurs in his argument before the Supreme Court of New Jersey, already referred to.


" Warning after warning, miracle after miracle, had been lost upon the obduracy of Egypt's king. One morning, as the population of that kingdom of fifteen millions of people arose and looked at their be- loved Nile, lo ! and behold, it was one vast river of blood, from the cataracts where its tumbling torrents of blood fell in mighty roar, and pursued their sweeping course, for six hundred miles to its seven


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mouths, where the Mediteranean, receiving its tribute from its servant, blushed for twenty leagues at Pha- raoh's impudence. The stranger from afar, the tra- der, seekers of knowledge, and the citizens, stood, that livelong day, and wondered at the bloody Nile : and as reasons were asked and given, I think I hear them say, the reason why the Nile runs blood is that Pharaoh holds the Hebrews as slaves, and the He- brew's God demands their release, and shows his an- ger and his power at Pharaoh's refusal. The stran- ger would carry this news to the utmost bounds of living men, saying, one entire day, I saw the Nile run blood, to express the abhorrence of the Hebrew's God against the crime of slavery.


"On a certain other day the obstinate Pharaoh re- fused, after many promises, to let the poor Hebrew slave go free. It is noon; the burning power of a June sun strikes the land ; anon, all eyes in Egypt are directed to a black and threatening cloud, rising out of the west over the Lybian desert. This was the first thunder storm in Egypt. It skirts the west- ern heavens, and the terrific clouds raise themselves higher and higher ; men turn pale ; anon the low and solemn tones of thunder are heard ; men tremble and say it is the voice of the slave's God-in a moment, the flashes of forked lightning play with infinite quickness ; men fall on their knees, and declare it is the flashing of the angry eyes of the Hebrews' God at the Egyptian cruelties. The clouds rise to the high altitude of noon; the lightning, the winds and roaring thunder, send consternation into the hearts of affrighted men. It appears like night, nature in ag- ony, men fear to speak, and believe they are on the eve of doom ; men and beasts hide themselves in ex- treme terror ; the thunder makes the earth tremble from pole to pole ; the pyramids rock from their deep foundations, the rains descend, the hail beats the earth, fire and ice leap from the clouds, while the lightning strikes down the trees, plays around the


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pryamid tops, smites the sphinx, and runs along upon the ground, men in agony praying for deliver- ance. Pharaoh and his court lie prostrate in his palace, the earth seems shaken out of its place, and all nature in convulsions. The king implores mercy, and the Father of All hears, pities, and delivers the faithless king and people, and ere the sun went down, that storm and desolation had forever gone by, and the last cloud sunk below the horizon in the Red sea, while the beautiful sun rolls down the west- ern heavens, smiling in mercy from beyond the dark solitudes of the interminable Lybian sands. This storm, all men knew, was an evidence of God's dis- pleasure at slavery. But Pharaoh would not let the people go.


"It is in Egypt, and it is midnight, when the young wife, but two years married, awoke and placed her hand on the shoulder of her youthful husband ; he was as cold as marble, he would not awake at her mournful cry-he was dead ; he was the first born of his parents. She arose in wild despair, she lit a flambeau, looked at her little babe on the mattrass ; the fixed smile was there, rigid in death, never to be relaxed ; he was the first born of his parents ; she flies to her father's and mother's bed in the next room ; she awakes her father, but none but the arch- angel can awake her mother from death's sleep most profound ; she was the first born of her parents. She sends her man servant to her neighbors for help in this awful hour ; the servant enters the neighbor's ; a light is there waiting and horror meets him. One sixth of the people, or a life of one of Egypt's slaveholders, had been taken for each slave detained."


How terrible, and yet how truthful is this picture ! It is drawn with a fearless and bold hand-the hand of a master. Imagination kindles with the almost painful richness of its figures. In its background are shadowed forth the fearful scenes which accompa- nied the freedom of the American slave.


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There was a painting in the gallery of one of the dukes of Orleans, representing the infant Moses about to be exposed by his mother to the waters and the monsters of the Nile. The figures were painted with extreme beauty and force. The face of the mother averted in agony, speaking in all the eloquence of grief, the terrible necessity which impels her to the act; the departing father, with eyes upturned to heaven, as if supplicating its aid for the darling-the helpless boy who clings to him in terror. All this strikes the beholder with horror and sadness.


It is said that in this absorption of human interest, the exquisite background of the picture, with its wooded scenery and architectural magnificence, is forgotten. Nothing is observed but the thrilling scene in the foreground. So it was with the scene drawn by Alvan Stewart, as he stood in the Supreme Court of New Jersey ; the interest in the background was unobserved, but its portentous meaning was there, and has since been fearfully exhibited.


With singular versatility Mr. Stewart could pass with equal facility to gentler scenes-to those affec- tions which spread beyond ourselves, and stretch into eternity, which develop the divinity within us-to the themes which religion unfolds-to the joys of friend- ship-to all the sweets of domestic life. His conversa- tion was as remarkable as his speeches-fresh, origi- nal, and instructive-gathering brightness from every subject.


He loved his profession to the last, and he regarded his professional brethren with peculiar affection. This was attested in the beautiful eulogy which he pro- nounced on that great and distinguished lawyer, Elisha Williams, at a meeting of the bar at Utica, in July, 1833 :


"What court-house in the State," said Mr. Stew- art, "has not been the theater of his exploits and scene of his glory ? How many thousand auditors have hung upon his accents in breathless silence,


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listening to the impassioned eloquence of this intel- lectual giant. But Death, the great leveler, has for- ever silenced that tongue which uttered the most unrivaled eloquence-that man who was but yester- day, as it were, a connecting link between angels and men, is now in the low, dark sepulcher of death, a prey to noiseless worms. But the friends of religion will rejoice to know that, some years ago, he submit- ted his heart to the divine influence of our most holy religion, and that he died in the triumphs of its glo- rious faith. Star after star, that has shed luster upon our profession, is setting in death. May we all so live, that we shall meet at the great bar where the Judge of earth and heaven shall gather us to part no more."


The deep earnestness of Mr. Stewart's nature, the loftiness with which he moved in a sphere where there were few applauding voices, and the calmness with which he accepted a position that brought upon him scorn and anathema, rendered him a hero; and it is no affectation to say, that he was a man of genius, of fine sense, a powerful orator, and a philanthropist. He was deeply enthusiastic on one subject ; but his enthusiasm was aroused by what he conceived to be a mighty evil, and, regardless of public opinion, he made eternal war against it. Forgetful of the clamors of party-of the reproaches of the softly conserva- tive-of the frowns of "little great men," he appealed to philanthropy-to the enlightened judgment of man- kind-to the future. Has the time for an impartial decision arrived ?


JAMES T. BRADY.


The Practice of Law Before Juries .- The Many Colors of Life which it Presents .- The Triumphs and Contests of the Advocate .- His Relation to his Client .- The Remark made of a Great British Advocate Applies to James T. Brady .- He won his Fame at the Bar .- His Honors Unmingled with Political Distinctions .- His Life and Career an Example for the American Law Student .- His Birthplace .- Early Education .- A son of Thomas S. Brady .- His Mother .- Character and Ac- complishments of his Father .- James and Others are his Pupils in the Study of the Classics .- James Studies Law with his Father .- His Admission to the Bar .- His Early Practice .- A Singular and Touching Case .- Brady Engages in it .- The Brother and Sister .- The Bond Servant .- The Habeas Corpus .- John Slos- son .- The Trial .- The Triumph .- Brady is Appointed Corporation Attorney .- City Litigation .- Manner of Conducting it .- Appointed Temporary District-At- torney .- Trial of the Boat Thieves .- Brady's Disposal of the Case .- Himself and the Judge Equally Guilty .- Brady one of the Counsel in the Sickles Case .- His Duties on the Trial .- The Cross-Examination .- Anecdote .- The Trial of the Irishman for Murder .- Brady's Description of it .- The Case of Huntington .- The Plea of Moral Insanity, cases of .- The Cole-Hiscock Case .- Reflection on its Result .- Other Criminal Cases .- The Forrest Divorce Case .- Mr. O'Conor. -- John Van Buren .- Mr. Brady Engages in the Argument in the Court of Ap- peals .- Character of his Argument .- Mr. Brady's Literary Taste and Acquire- ments .- Is Gravity Wisdom ?- Brady a Patron of the Drama .- His Letter on Dramatic Writers .- His Position in Politics .- His Idea of Washington Politicians. -His Mission to New Orleans .- Baldy Smith .- Mr. Brady as a Political Writer and Speaker .- Always fit for the Occasion .- Anecdote of Mr. Marsh .- Brady is Counsel for the Savannah Privateers .- Jefferson Davis .- The Circumstance Re- lated by Charles O'Conor .- Brady's Friendship and Characteristics .- James W. Gerard .- Banquet to .- Mr. Brady's Last Public Speech .- His Last Professional Engagements .- His Death.




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