USA > Tennessee > Notable men of Tennessee, from 1833 to 1875, their times and their contemporaries > Part 16
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"If I mistake not, it is the common sentiment of the seces- sionists of the South, that they talk about the Constitution, but say nothing about the Union. When I talk about the Union, what do I talk about? I talk about that thing which is
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the result of the American Constitution." (Loud applause upon the floor and in the galleries). "I speak of the larger idea ; when I say I am in favor of the Union, that carries every- thing along with it; and it carries everything else with it that any patriot in this land should desire to support."
Mr. Pryor used some expressions in the course of his speech which Mr. Nelson construed as a threat. When the latter com- menced his rejoiner, he said "that in anything I have said, or may say, I am competent to protect myself against any assault, either in the House, or out of it."
A line or two further on he added: "I have no apprehension either from the person or the arguments of the gentleman, if anything he has said can be dignified by the name of argument."
Those who have seen T. A. R. Nelson in a passion can imagine with what a lofty and undaunted tone of defiance he uttered these words.
This rejoinder to Pryor was nearly as long as the original speech, and was even more pointed. 1
Thus, on his third day in Congress Nelson became famous. His speech was the sensation of the session. Perhaps not more than two or three speeches in the last forty years had produced such a stir, and not one by a new member. The newspapers everywhere praised it. And yet it was not specially a great speech. It was the occasion, the spirit, and its manner that made it great.
The Baltimore Patriot headed its notice as follows :
MR. NELSON'S GREAT SPEECH.
In another column we give the National Intelligencer's brief report of this most extraordinary speech. It fell like a thunderbolt on the House. ยท Mr. Garnett of Virginia, it seems, led off in a set disunion speech. He raved and threatened and stormed, and went on like someone just out of Bedlam. It was followed by Mr. Lamar of Mississippi in pretty much the same strain.
When these Locofocos had given vent to their passion, Mr. Nelson, one of the noble little band of twenty-three Americans in the House, arose. He is slightly lame, we are informed, and this is his first appearance in a deliberative body. He had scarcely raised his voice before it began to ring through the hall in a way that silenced all talking. Every eye was turned upon him. The galleries were crowded to excess.
Turning from them (the disunion speakers) he appealed to the friends of the Union on that floor, and called on them to rise in their majesty and rebuke the rank treason that was now daring to raise its sacrilegious hand against the existence of our blessed Union. At this point he launched forth in vindication of the Union, and with such effect and
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power that the galleries and the very House itself gave way to the most immoderate applause.
Mr. Pryor, the new member from the Petersburgh District, arose in reply to Mr. Nelson. He, too, began with an attempt at domineering, and after vaporing for a while sat down.
Mr. Nelson returned to the charge, and said he was no duelist, but was ready to defend himself in that House or out of it. Poor Pryor, in a little while, found himself utterly prostrated. This time the galleries and the House got almost beside themselves, and yielded up to the influ- ence of their feelings in the applause of this wonderful speech with a perfect abandonment. The effect of the speech upon the House, says our informant, was almost dissolving.
We cannot refrain from thanking Mr. Nelson for thus keeping down the arena with the flag of the Union in his hand and unfolding it over the heads of the disunionists.
The Honorable Jere Clemens, editor of the Memphis Enquirer, and ex-United States Senator from Alabama, writing to his paper from Washington, December 15, 1859, said:
I but repeat what is on the lips of every man in this city when I say that no member of either branch of Congress has won so much renown as Mr. Nelson.
The Louisville Courier, then a Democratic paper, said of Mr. Nelson :
The passage between Mr. Pryor, the young member from Virginia, and Mr. Nelson of Tennessee was a little sharper than either bargained for. The dose administered was decidedly unpalatable. Experience is a severe physician. We find comfort, however, in the thought that its severity tends only to keep people "from waking up the wrong passenger." Nelson was waked up through mistake. If it be agreeable to him, he will be allowed to slumber through the present Congress. It is hardly probable that anyone will venture to arouse him.
The Louisville Courier was correct. No man ever dared to arouse Nelson after that memorable day. That was the only time he ever served in Congress. In 1861 he was re-elected, but as will be more fully explained hereafter, he failed to reach Washington to take his seat.
Those who knew Mr. Nelson well can readily realize with what overwhelming power of voice, passion, argument, and elo- quence he crushed Mr. Pryor. In his first sentence almost, Pryor stirred the deep spirit within him, by speaking of his "indignation" and by the undertone of superiority which he manifested. Pryor aroused in the very outset all the latent powers of that remarkable man, who, under excitement, became a raging lion. Ordinarily Nelson was gentle and amiable, but under provocation, he became a storm, a tempest.
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During the Presidential canvass of 1860 Mr. Nelson sup- ported Bell and Everett. He made many able speeches in be- half of the Union. But it was during the canvass of the spring of 1861, while the question of secession was still pending in Tennessee, that the ability and matchless courage of Mr. Nelson shone more conspicuously than at any period of his life. Sel- dom did any public man display higher courage, and rarely greater ability. The times were perilous and startling beyond anything in our history. His life was in daily peril. From the day he arrived at home, from Washington, in March, to the close of the canvass in June, he was on the stump, arousing the people to the dangers that threatened the country. He can- vassed his own district, the first, thoroughly, and then came to the second, going over it county by county, extending his labors even into the third district. Everywhere he was greeted by vast crowds of people.
During the latter part of the canvass he and Mr. Johnson had joint appointments and they traveled and spoke together. Seldom has there been witnessed such courage, power, and elo- quence as were daily exhibited by these two able men. Mr. Johnson, for once in his life, ceased to be a partisan, and be- came a statesman. Setting aside the ways of his previous life, he rose into the dignity of a broad, bold, great man, full of earnestness and words of wisdom. Never did he appear so much of a man! The appalling dangers which surrounded the country seemed to rid him of all narrowness and make him for the time a patriot.
But while the people flocked to hear these orators, Nelson was their favorite. They listened with admiration, and even with enthusiasm, to the words of Johnson, because he gave ex- pression to their sentiments, but they turned to T. A. R. Nelson as their hero. He commanded their confidence more fully per- haps than any of the great leaders. Brownlow had their love; while Johnson had neither the love, nor the full confidence, of a majority of the Union people.
The explanation of these statements, which may seem strange to people unfamiliar with the facts, is plain and simple. Mr. Johnson was a Democrat, while a majority of the loyal people of East Tennessee were Whigs. These Whigs had always hated Johnson. Even now they could not fully forgive him and looked upon him with more or less suspicion. They regarded him as
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a cold, haughty, selfish man. While the common people of his party clung to him with tenacity and admiration, because he was the ablest defender of their opinions in the State, he had but few warm friends who were attached to him personally.
As to Mr. Nelson, his life had been so pure, his conduct so lofty and free from selfishness and baseness, that he was uni- versally respected and admired as one of the noblest of men. It is true he had led a remarkably busy professional life until the last two years. He had never resorted to the arts of mere politicians to gain popularity. He did what was right, and uttered what he believed, and only that, whether it made or lost friends. He was always, and on all occasions, a noble, con- scientious, brave man. These qualities secured for him almost universal admiration.
In another chapter I have given a full account of Mr. Nelson's part in the Knoxville-Greeneville Convention. Both his ability and his courage were conspicuous in that Convention. I, how- ever, think that the Union men of East Tennessee have always had cause for thankfulness that the policy he advocated did not prevail. It would inevitably have plunged our section into civil war, short lived, no doubt, but destructive and terrible in its results to the Union people.
Notwithstanding the fact that the State had voted on the 7th of June in favor of "separation," elections were held in all the counties of East Tennessee in the following August for members of Congress and of the Legislature. Mr. Nelson was a candidate in the first district, and was of course re-elected. Soon after the election, he, in company with one of his sons, and one or two guides, set out on horseback from Jonesboro, for Kentucky. He had gone as far as Lee County, in South- west Virginia, when he was suddenly confronted by a company of Confederate homeguards who had been sent out to intercept him. He was arrested and at once sent to Cumberland Gap, and thence to Richmond. On his way to Richmond, at Abing- don, Va., he was joined by John Baxter, who, on hearing of the arrest of his friend, at once volunteered to go to his assistance. On their way to Richmond they were joined by several members of the Confederate Congress. All of these treated Mr. Nelson with great consideration. On his arrival at Richmond he was not placed in close confinement, but put on his parole of honor.
Mr. Nelson was so conspicuous for ability and high character
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that it at once became an object with his former friends at Richmond to win him over to their cause. It was well known to them that threats, intimidation, or force would be utterly unavailing. All the power of the Southern Confederacy would not have made him yield one iota. This was well known. In- stead, therefore, of treating him as a felon and a traitor, he became the object of the most assiduous and delicate attentions. Flattery and kind consideration would do what force and ill treatment could never do. Leading men paid him court. Dur- ing his stay there he "was visited by various members of Con- gress and other public men connected with the Southern Con- federacy." He was finally persuaded that he had misappre- hended the object of the Confederates in sending armies into East Tennessee. At length he was induced by flattery or legiti- mate arguments, to address a letter to President Davis dated August 12, 1861. In this letter, after expressing his sincere desire "to preserve the peace and quiet of East Tennessee," he says, among other things :
"I ask to be discharged from a vexatious prosecution, that I may return home peacefully, to follow my private interests and pursuits, assuring your Excellency that I will not, either directly or indirectly, by counsel, advice, or action, encourage, aid, or assist the United States Government to invade, or attain success in the present struggle with the Confederate States, nor will I counsel, or advise others to thwart or cripple the Con- federate States in the pending contest with the United States, nor will I do so by my own acts.
"In view of the increased majority in the election which has just taken place in Tennessee, I shall feel it my duty, as a citizen of the State, to submit to her late action, and shall re- ligiously abstain from any further words or acts of condem- nation, or opposition, to her government."
To this letter Mr. Davis replied on the 13th of August, reminding Mr. Nelson that he had "made promise" that he would "as a citizen of Tennessee submit to her late action, and religiously abstain from any further words or acts of condem- nation whatever, or opposition to her government." He goes on further to inform Mr. Nelson that he had ordered his discharge from custody.
This correspondence was published by Mr. Nelson after his
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return to his home, in a letter addressed to "the People of East Tennessee," dated August 17, 1861. In this letter he said, with characteristic frankness and boldness :
"I shall offer no plea of duress ; because neither the Southern Confederacy, nor any other earthly power, could have compelled me to make an agreement which my judgment and conscience did not approve in the situation in which I was placed."
Further he said: "While I did not promise allegiance nor active support to the Southern Confederacy, and will not advise you to assume any obligations contrary to your convictions of duty, I feel perfectly free to say that the failure of the Gov- ernment of the United States for four long months to sustain us in our position, its apparent inability to do so since the battle of Manassas, within any reasonable time, the deliberate action of our State in the August election, the assurance of public men that no test oaths or drafting measures will be adopted or required; the mutual hatred that has grown up be- tween the antagonistic sections of the Union, and the recent confiscation laws which have either been adopted or proposed on both sides, as well as other causes, have painfully impressed my own mind with the belief that unless some wondrous and improbable change is effected, our beloved Union is gone for- ever, and it is our duty and policy to submit to a result which, however we may deplore it, seems to be inevitable.
"Aware that my advice as well as my motives may be liable to misconstruction, I would still most respectfully recommend to my friends the propriety of abstaining from all further opposi- tion or resistance to the Confederate authorities, or the action of our own State. *"
Although Mr. Nelson had enjoyed in a larger degree the con- fidence of the Union people of East Tennessee than any other leader, and though this letter was intended to reconcile them to the new government, there is no evidence that it effected a change in a single mind. The loyal men remained as they were before, stubbornly, but silently, defiant and bitter. They had heard his bitter denunciation of secession on the stump; they had heard him read his terrible arraignment of it in "The Declaration of Grievances" in the Greeneville Convention, they had heard him urge them to arm in defense of their constitu- tional rights, and to resist, if necessary, even to the shedding of
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blood, and they saw, in their plain mental vision, no greater reason for co-operation with the Confederates in August than they had seen in June.
Yet I would not censure Mr. Nelson. He was a pure, brave, honest man. From his great courage, no imputation of fear can possibly be made against him. Perhaps most men, under similar circumstances, would have acted as he did. And yet I cannot but regard this act as an error. He cannot, however, be held responsible for it. No doubt he placed his honor in the keeping of his friends, and they led him into this position.
An incident is said to have occurred at Richmond which showed the high honor of Mr. Nelson. He was urged by two, and perhaps more, of his warm personal friends, to take his seat as a member of the Confederate Congress, by virtue of his elec- tion in August to the United States Congress. This he most positively declined to do. John M. Fleming, at that time, and for a number of years afterward, the law partner of Mr. John Baxter, the counsel and friend of Mr. Nelson, is my authority for this statement. On the return of Baxter from Richmond, he told Fleming that he and Governor, now Senator, Vance, of North Carolina, tried to induce Mr. Nelson to do as I have stated above. Mr. Nelson could not have done this without criticism on his conduct.
On his return to his home and after publishing his letter, Mr. Nelson, in compliance with his promise to Mr. Davis, re- mained quiet until September, 1863, after General Burnside had entered and occupied East Tennessee. He then made his appearance in Knoxville, where he afterward remained. No one who heard him talk doubted his loyalty at this time. During his retirement he seems to have had revived within his bosom all of his old love for the Union, and his hatred of the Con- federacy. About the time of the entrance of the Federal Army there appeared in a small printed volume two political poems, written by him, entitled respectively "Secession" and "East Tennessee," with copious notes. Both the poems and the notes were exceedingly caustic and bitter. The notes were in the scorching style of Brownlow. The following is Note 8, taken from Mr. Nelson's poem. It is copied to show how bitter he was in 1863:
The Conscript Law was passed to keep the Southern army together. Thousands who had volunteered to serve twelve months were forced into
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the three years' service. In executing the law, in East Tennessee, Union men and women were whipped, and the latter sometimes hanged, to make them tell where the conscripts were secreted. Many were shot, and noth- ing was more common than to bring them tied and handcuffed into the little towns. At Knoxville conscripts were whipped, compelled to wear the ball and chain, and, in some instances, hanged for desertion.
The following is Note 11:
Poor old Virginia ! Land of politics and pride and victim of traitors ! The Cotton States were too smart for her, and transferred the war to her sacred soil. She rushed into it without cause, and her fields are desolate, her bosom a graveyard! She has nothing left but the Resolutions of "98."
From the time the Federal Army became permanently settled in East Tennessee, Mr. Nelson engaged actively in the practice of his profession. The proclamation of emancipation by Mr. Lincoln gave offense to him. His mind was conservative in its constitution, and filled with reverence for existing forms. He could not see how, under the exercise of the powers of Com- mander in Chief of the Armies, in the time of war, the authority could be found to emancipate the slaves of those in rebellion against the government. He denied the right and the authority. Once started in the course of opposition, he soon found other points of objection, until finally he became anti-Republican in politics. After the death of Mr. Lincoln, when the quarrel arose between Congress and Mr. Johnson as to the plan of Re- construction, Mr. Nelson most naturally took sides with his old friend. And when impeachment proceedings were instituted against the President, the latter at once turned to his distin- guished friend as one of his counsel. No doubt he sought Mr. Nelson on account of his legal ability, but also because, since the dark days of 1861, he had been his personal as well as his political friend. In this hour of trouble no doubt Mr. Johnson wished to have near him a trusted friend, in whose honor and fidelity he could fully rely and trust his inner thoughts. It was a great honor and distinction to be called upon to defend a President of the United States before the august tribunal of the Senate.
In 1870, when the Democratic party gained the ascendency in Tennessee, Mr. Nelson was nominated and elected one of the six Judges of the Supreme Court, or Court of Appeals. While on the bench he delivered in the case of Smith vs. Brazelton, reported in 1st Heiskell, his celebrated and learned opinion in
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which it was held, contrary to former decisions of the State, that the Southern Confederacy was a de facto government.
Reluctant as many of the Republicans were to accept as correct the doctrines of this opinion (which was but a reaffirm- ance of the decision of the Supreme Court of the United States) it is so fully sustained by authority now that it will hardly be called in question hereafter. It must be confessed that the war waged by the Confederate States was more than a mere in- surrection. It was a great uprising of one section of the Union against the other section, with a "boundary marked by lines of bayonets which could be crossed only by force ; south of this line it was enemies' territory, because it was held in possession by a hostile and belligerent power."
Judge S. T. Logan, who was for some years after the war a partner of Mr. Nelson, and was at one time Judge of the Cir- cuit Court of Knox County, tells a humorous story in reference to this decision. Soon after it was delivered Mr. Nelson asked him what the people were saying about it. "They are saying a great deal," he answered. "Among other things they say that Jeff Davis, after four years of fighting, with all his armies, was unable to establish the Southern Confederacy, but that you with a few bold lines of your pen have succeeded in setting it up." Mr. Nelson was not much pleased with this pleasantry.
After serving on the Supreme Bench for eighteen months, he voluntarily resigned, and returned to the practice of his pro- fession in Knoxville. Why he resigned was never certainly known. It was given out that the salary was not sufficient for the support of his large family, which was probably true. Privately it was intimated that two members of the court had offered indignities to him in their consultations, which he would not submit to, and yet which he could not resent in a becoming manner without a public scandal, and a reproach upon the highest judicial tribunal of the State. He therefore preferred to resign. Whatever may have been the reason, it can be safely affirmed that he was influenced by that high sense of duty which controlled his whole life.
In 1872 Mr. Nelson seems to have lost some of his love for his late associates. He had partially "come to himself," as appears by a call signed by him and Mr. John Baxter, and others, for a convention to meet in Cincinnati to organize a
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new party. Whether this Convention ever met, or what it did, if it did meet, I have thought it of sufficient importance to hunt up. Not very long after this, Mr. Baxter, after wandering a long time, came back to the old fold, where he remained through the remainder of his life. Mr. Nelson no doubt would ultimately have done the same thing, if he had lived longer.
For nearly forty years the friendship between T. A. R. Nelson and William G. Brownlow was warm and intimate. Dur- ing a large part of this time they were neighbors, first in Jones- boro, and afterward in Knoxville. Until 1864 they belonged to the same political party. There was never any serious breach in their intimate relations. In 1847 this friendship was strained for a short time, over a religious controversy then existing between the Rev. Dr. Frederick A. Ross and Mr. Brown- low, as to Methodism and Calvinism. A correspondence took place between Brownlow and Nelson, in which each expressed himself with frankness, but with praiseworthy moderation, after which the difficulty and the threatened coldness passed away. No two men understood each other better than these two, and each knew the strength of the other, and the consequences in- volved in a quarrel. Each knew the ability and the high mettle of the other, and therefore naturally dreaded an encounter. Be- sides there was no real cause for a quarrel.
In 1849 Mr. Brownlow, in advocating the nomination of Mr. Nelson for Governor, said :
"Mr. Nelson was mainly instrumental in getting us to take charge of the Elizabethton Whig ten years ago, which he knows was reluctantly done by us at the time. He has been our friend when a friend was needed-when we were surrounded by mobs, and pursued by assassins by day and by night-and such friendship we are not the man to forget nor lightly esteem."
While Mr. Brownlow was in the Senate an incident occurred, which showed the reliance of Mr. Nelson upon the years of friendship. The son of Mr. Nelson had unfortunately gotten into a position where it was necessary for him to give a bail bond for a large sum. Mr. Nelson wrote a note to Senator Brownlow asking him to sign this bond, saying that he no doubt could get a number of men to sign it, but he preferred asking his old friends. This was at a time when they differed widely in politics. Scarcely had Mr. Brownlow received this
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