University of Virginia Library

CHAPTER VII
SENATORSHIP AT ALBANY—1865-1867

DURING my second year in the State Senate, 1865, came the struggle for the charter of Cornell University, the details of which will be given in another chapter.

Two things during this session are forever stamped into my memory. The first was the news of Lee's surrender on April 9, 1865: though it had been daily expected, it came as a vast relief.

It was succeeded by a great sorrow. On the morning of April 15, 1865, coming down from my rooms in the Delavan House at Albany, I met on the stairway a very dear old friend, the late Charles Sedgwick, of Syracuse, one of the earliest and most devoted of Republicans, who had served with distinction in the House of Representatives, and had more than once been widely spoken of for the United States Senate. Coming toward me with tears in his eyes and voice, hardly able to speak, he grasped me by the hand and gasped the words, "Lincoln is murdered.'' I could hardly believe myself awake: the thing seemed impossible;—too wicked, too monstrous, too cruel to be true; but alas! confirmation of the news came speedily and the Presidency was in the hands of Andrew Johnson.

Shortly afterward the body of the murdered President, borne homeward to Illinois, rested overnight in the State Capitol, and preparations were made for its reception. I was one of the bearers chosen by the Senate and was also

elected to pronounce one of the orations. Rarely have I felt an occasion so deeply: it has been my lot during my life to be present at the funerals of various great rulers and magnates; but at none of these was so deep an impression made upon me as by the body of Lincoln lying in the assembly chamber at Albany, quiet and peaceful at last.

Of the speeches made in the Senate on the occasion, mine being the only one which was not read or given from memory, attracted some attention, and I was asked especially for the source of a quotation which occurred in it, and which was afterward dwelt upon by some of my hearers. It was the result of a sudden remembrance of the lines in Milton's "Samson Agonistes,'' beginning:

The funeral was conducted with dignity and solemnity. When the coffin was opened and we were allowed to take one last look at Lincoln's face, it impressed me as having the same melancholy expression which I had seen upon it when he entered the East Room at the White House. In its quiet sadness there seemed to have been no change. There was no pomp in the surroundings; all, though dignified, was simple. Very different was it from the show and ceremonial at the funeral of the Emperor Nicholas which I had attended ten years before;—but it was even more impressive. At the head of the coffin stood General Dix, who had served so honorably in the War of 1812, in the Senate of the United States, in the Civil War, and who was afterward to serve with no less fidelity as governor of the State. Nothing could be more fitting than such a chieftaincy in the guard of honor.

In the following autumn the question of my renomination came.

It had been my fortune to gain, first of all, the ill will of Tammany Hall, and the arms of Tammany were long. Its power was exercised strongly through its henchmen not only in the Democratic party throughout the State, but especially in the Republican party, and, above all, among sundry contractors of the Erie Canal, many of whose bills I had opposed, and it was understood that they and their friends were determined to defeat me.

Moreover, it was thought by some that I had mortally offended sundry Catholic priests by opposing their plan for acquiring Ward's Island, and that I had offended various Protestant bodies, especially the Methodists, by defeating their efforts to divide up the Land Grant Fund between some twenty petty sectarian colleges, and by exerting myself to secure it for Cornell University, which, because it was unsectarian, many called "godless.''

Though I made speeches through the district as formerly, I asked no pledges of any person, but when the nominating convention assembled I was renominated in spite of all opposition, and triumphantly:—a gifted and honorable man, the late David J. Mitchell, throwing himself heartily into the matter, and in an eloquent speech absolutely silencing the whole Tammany and canal combination. He was the most successful lawyer in the district before juries, and never did his best qualities show themselves more fully than on this occasion. My majority on the first ballot was overwhelming, the nomination was immediately made unanimous, and at the election I had the full vote.

Arriving in Albany at the beginning of my third year of service—1866—I found myself the only member of the committee appointed to investigate matters in the city of New York who had been reêlected. Under these circumstances no report from the committee was possible; but the committee on municipal affairs, having brought in a bill to legislate out of office the city inspector and all his

associates, and to put in a new and thoroughly qualified health board, I made a carefully prepared speech, which took the character of a report. The facts which I brought out were sufficient to condemn the whole existing system twenty times over. By testimony taken under oath the monstrosities of the existing system were fully revealed, as well as the wretched character of the "health officers,'' "inspectors,'' and the whole army of underlings, and I exhibited statistics carefully ascertained and tabulated, showing the absurd disproportion of various classes of officials to each other, their appointment being made, not to preserve the public health, but to carry the ward caucuses and elections. During this exposure Boole, the head of the whole system, stood not far from me on the floor, his eyes fastened upon me, with an expression in which there seemed to mingle fear, hatred, and something else which I could hardly divine. His face seemed to me, even then, the face of a madman. So it turned out. The new bill drove him out of office, and, in a short time, into a madhouse.

I have always thought upon the fate of this man with a sort of sadness. Doubtless in his private relations he had good qualities, but to no public service that I have ever been able to render can I look back with a stronger feeling that my work was good. It unquestionably resulted in saving the lives of hundreds, nay thousands, of men, women, and children; and yet it is a simple fact that had I, at any time within a year or two afterward, visited those parts of the city of New York which I had thus benefited, and been recognized by the dwellers in the tenement houses as the man who had opposed their dramshop-keepers and brought in a new health board, those very people whose lives and the lives of whose children I had thus saved would have mobbed me, and, if possible, would have murdered me.

Shortly after the close of the session I was invited to give the Phi Beta Kappa address at the Yale commencement, and as the question of the reconstruction of the

Union at the close of the war was then the most important subject before the country, and as it seemed to me best to strike while the iron was hot, my subject was "The Greatest Foe of Republics.'' The fundamental idea was that the greatest foe of modern states, and especially of republics, is a political caste supported by rights and privileges. The treatment was mainly historical, one of the main illustrations being drawn from the mistake made by Richelieu in France, who, when he had completely broken down such a caste, failed to destroy its privileges, and so left a body whose oppressions and assumptions finally brought on the French Revolution. Though I did not draw the inference, I presume that my auditors drew it easily: it was simply that now, when the slave power in the Union was broken down, it should not be allowed to retain the power which had cost the country so dear.

The address was well received, and two days later there came to me what, under other circumstances, I would have most gladly accepted, the election to a professorship at Yale, which embraced the history of art and the direction of the newly founded Street School of Art. The thought of me for the place no doubt grew out of the fact that, during my stay in college, I had shown an interest in art, and especially in architecture, and that after my return from Europe I had delivered in the Yale chapel an address on "Cathedral Builders and Mediæval Sculptors'' which was widely quoted.

It was with a pang that I turned from this offer. To all appearance, then and now, my life would have been far happier in such a professorship, but to accept it was clearly impossible. The manner in which it was tendered me seemed to me almost a greater honor than the professorship itself. I was called upon by a committee of the governing body of the university, composed of the man whom of all in New Haven I most revered, Dr. Bacon, and the governor of the State, my old friend Joseph R. Hawley, who read to me the resolution of the governing

body and requested my acceptance of the election. Nothing has ever been tendered me which I have felt to be a greater honor.

A month later, on the 28th of August, 1866, began at Albany what has been very rare in the history of New York, a special session of the State Senate:—in a sense, a court of impeachment.

Its purpose was to try the county judge of Oneida for complicity in certain illegal proceedings regarding bounties. "Bounty jumping'' had become a very serious evil, and it was claimed that this judicial personage had connived at it.

I must confess that, as the evidence was developed, my feelings as a man and my duties as a sworn officer of the State were sadly at variance. It came out that this judge was endeavoring to support, on the wretched salary of $1800 a year allowed by the county, not only his own family, but also the family of his brother, who, if I remember rightly, had lost his life during the war, and it seemed to me a great pity that, as a penalty upon the people of the county, he could not be quartered upon them as long as he lived. For they were the more culpable criminals. Belonging to one of the richest divisions of the State, with vast interests at stake, they had not been ashamed to pay a judge this contemptible pittance, and they deserved to have their law badly administered. This feeling was undoubtedly wide-spread in the Senate; but, on the other hand, there was the duty we were sworn to perform, and the result was that the judge was removed from office.

During this special session of the State Senate it was entangled in a curious episode of national history. The new President, Mr. Andrew Johnson, had been induced to take an excursion into the north and especially into the State of New York. He was accompanied by Mr. Seward, the Secretary of State; General Grant, with his laurels fresh from the Civil War; Admiral Farragut, who had so greatly distinguished himself during the same epoch,

and others of great merit. It was clear that Secretary Seward thought that he could establish the popularity of the new administration in the State of New York by means of his own personal influence; but this proved the greatest mistake of his life.

On the arrival of the presidential party in New York City, various elements there joined in a showy reception to them, and all were happy. But the scene soon changed. From the city Mr. Seward, with the President, his associates, and a large body of citizens more or less distinguished, came up the Hudson River in one of the finest steamers, a great banquet being given on board. But on approaching Albany, Mr. Seward began to discover his mistake; for the testimonials of admiration and respect toward the President grew less and less hearty as the party moved northward. This was told me afterward by Mr. Thurlow Weed, Mr. Seward's lifelong friend, and probably the most competent judge of such matters in the United States. At various places where the President was called out to speak, he showed a bitterness toward those who opposed his policy which more and more displeased his audiences. One pet phrase of his soon excited derision. The party were taking a sort of circular tour, going northward by the eastern railway and steamer lines, turning westward at Albany, and returning by western lines; hence the President, in one of his earlier speeches, alluded to his journey as "swinging round the circle.'' The phrase seemed to please him, and he constantly repeated it in his speeches, so that at last the whole matter was referred to by the people at large, contemptuously, as "swinging round the circle,'' reference being thereby made, not merely to the President's circular journey, but to the alleged veering of his opinions from those he professed when elected.

As soon as the State Senate was informed of the probable time when the party would arrive at Albany, a resolution was introduced which welcomed in terms: "The President of the United States, Andrew Johnson; the

Secretary of State, William H. Seward; the General of the Army, Ulysses S. Grant; and the Admiral of the Navy, David G. Farragut.'' The feeling against President Johnson and his principal adviser, Mr. Seward, on account of the break which had taken place between them and the majority of the Republican party, was immediately evident, for it was at once voiced by amending the resolution so that it left out all names, and merely tendered a respectful welcome, in terms, to "The President of the United States, the Secretary of State, the General of the Army, and the Admiral of the Navy.'' But suddenly came up a second amendment which was little if anything short of an insult to the President and Secretary. It extended the respectful welcome, in terms, to "The President of the United States; to the Secretary of State; to Ulysses S. Grant, General of the Army; and to David G. Farragut, Admiral of the Navy''; thus making the first part, relating to the President and the Secretary of State, merely a mark of respect for the offices they held, and the latter part a tribute to Grant and Farragut, not only official, but personal. Most earnest efforts were made to defeat the resolution in this form. It was pathetic to see old Republicans who had been brought up to worship Mr. Seward plead with their associates not to put so gross an insult upon a man who had rendered such services to the Republican party, to the State, and to the Nation. All in vain! In spite of all our opposition, the resolution, as amended in this latter form, was carried, indicating the clear purpose of the State Senate to honor simply and solely the offices of the President and of the Secretary of State, but just as distinctly to honor the persons of the General of the Army and the Admiral of the Navy.

On the arrival of the party in Albany they came up to the State House, and were received under the portico by Governor Fenton and his staff. It was perfectly understood that Governor Fenton, though a Republican, was in sympathy with the party in the Senate which had put this slight upon the President and Secretary of State

and Mr. Seward's action was characteristic. Having returned a curt and dry reply to the guarded phrases of the governor, he pressed by him with the President and his associates to the "Executive Chamber'' near the entrance, the way to which he, of all men, well knew. In that room the Senate were assembled and, on the entrance of the visitors, Governor Fenton endeavored to introduce them in a formal speech; but Mr. Seward was too prompt for him; he took the words out of the governor's mouth and said, in a way which thrilled all of us who had been brought up to love and admire him, "In the Executive Chamber of the State of New York I surely need no introduction. I bring to you the President of the United States; the chief magistrate who is restoring peace and prosperity to our country.''

The whole scene impressed me greatly; there rushed upon me a strong tide of recollection as I contrasted what Governor Fenton had been and was, with what Governor Seward had been and was: it all seemed to me a ghastly mistake. There stood Fenton, marking the lowest point in the choice of a State executive ever reached in our Commonwealth by the Republican party: there stood Seward who, from his boyhood in college, had fought courageously, steadily, powerfully, and at last triumphantly, against the domination of slavery; who, as State senator, as governor, as the main founder of the Republican party, as senator of the United States and finally as Secretary of State, had rendered service absolutely inestimable; who for years had braved storms of calumny and ridicule and finally the knife of an assassin; and who was now adhering to Andrew Johnson simply because he knew that if he let go his hold, the President would relapse into the hands of men opposed to any rational set-tlement of the questions between the North and South. I noticed on Seward's brow the deep scar made by the assassin's knife when Lincoln was murdered; all the others, greatly as I admired Grant and Farragut, passed with me at that time for nothing; my eyes were fixed upon the Secretary of State.

After all was over I came out with my colleague, Judge Folger, and as we left the Capitol he said: "What was the matter with you in the governor's room?'' I answered: "Nothing was the matter with me; what do you mean?'' He said: "The moment Seward began to speak you fastened your eyes intently upon him, you turned so pale that I thought you were about to drop, and I made ready to seize you and prevent your falling.'' I then confessed to him the feeling which was doubtless the cause of this change of countenance.

As one who cherishes a deep affection for my native State and for men who have made it great, I may be allowed here to express the hope that the day will come when it will redeem itself from the just charge of ingratitude, and do itself honor by honoring its two greatest governors, De Witt Clinton and William H. Seward. No statue of either of them stands at Albany, the place of all others where such memorials should be erected, not merely as an honor to the two statesmen concerned, but as a lesson to the citizens of the State;—pointing out the qualities which ought to ensure public gratitude, but which, thus far, democracies have least admired.