Delphi Complete Works of Nathaniel Hawthorne (Illustrated) (442 page)

“The
power
of an organized minority was never more clearly exhibited than in this contest. The democratic senators acted in strict concert, meeting night after night for consultation, arranging their plan of battle, selecting their champions for the coming day, assigning to each man his proper duty, and looking carefully to the popular judgment for a final victory. In these consultations, no man's voice was heard with more profound respect than that of Franklin Pierce. His counsels were characterized by so thorough a knowledge of human nature, by so much solid common sense, by such devotion to democratic principles, that, although among the youngest of the senators, it was deemed important that all their conclusions should be submitted to his sanction.

“Although
known
to be ardent in his temperament, he was also known to act with prudence and caution. His impetuosity in debate was only the result of the deep convictions which controlled his mind. He enjoyed the unbounded confidence of Calhoun, Buchanan, Wright, Woodbury, Walker, King, Benton, and indeed of the entire democratic portion of the Senate. When he rose in the Senate or in the committee room, he was heard with the profoundest attention; and again and again was he greeted by these veteran democrats as one of our ablest champions. His speeches, during this session, will compare with those of any other senator. If it be asked, why he did not receive higher distinction, I answer, that such men as Calhoun, Wright, Buchanan, and Woodbury, were the acknowledged leaders of the democracy. The eyes of the nation were on them. The hopes of their party were reposed in them. The brightness of these luminaries was too great to allow the brilliancy of so young a man to attract especial attention. But ask any one of these veterans how Franklin Pierce ranked in the Senate, and he will tell you, that, to stand in the front rank for talents, eloquence, and statesmanship, he only lacked a few more years.”

In
the
course of this session, he made a very powerful speech in favor of Mr. Buchanan's resolution, calling on the president to furnish the names of persons removed from office since the 4th of March, 1841. The whigs, in 1840, as in the subsequent canvass of 1848, had professed a purpose to abolish the system of official removals on account of political opinion, but, immediately on coming into power, had commenced a proscription infinitely beyond the example of the democratic party. This course, with an army of office seekers besieging the departments, was unquestionably difficult to avoid, and perhaps, on the whole, not desirable to be avoided. But it was rendered astounding by the sturdy effrontery with which the gentlemen in power denied that their present practice had falsified any of their past professions. A few of the closing paragraphs of Senator Pierce's highly effective speech, being more easily separable than the rest, may here be cited.

“One
word
more, and I leave this subject — a painful one to me, from the beginning to the end. The senator from North Carolina, in the course of his remarks, the other day, asked, 'Do gentlemen expect that their friends are to be retained in office against the will of the nation? Are they so unreasonable as to expect what the circumstances and the necessity of the case forbid?' What our expectations were is not the question now; but what were your pledges and promises before the people. On a previous occasion, the distinguished senator from Kentucky made a similar remark: 'An ungracious task, but the nation demands it!' Sir, this demand of the nation, — this plea Of STATE NECESSITY, — let me tell gentlemen, is as old as the history of wrong and oppression. It has been the standing plea, the never-failing resort of despotism.

“The
great
Julius found it a convenient plea when he restored the dignity of the Roman Senate, but destroyed its independence. It gave countenance to, and justified, all the atrocities of the Inquisition in Spain. It forced out the stifled groans that issued from the Black Hole of Calcutta. It was written in tears upon the Bridge of Sighs in Venice, and pointed to those dark recesses upon whose gloomy thresholds there was never seen a returning footprint.

“It
was
the plea of the austere and ambitious Strafford, in the days of Charles I. It filled the Bastile of France, and lent its sanction to the terrible atrocities perpetrated there. It was this plea that snatched the mild, eloquent, and patriotic Camille Desmoulins from his young and beautiful wife, and hurried him to the guillotine, with thousands of others, equally unoffending and innocent. It was upon this plea that the greatest of generals, if not men, — you cannot mistake me, — I mean him, the presence of whose very ashes, within the last few months, sufficed to stir the hearts of a continent, — it was upon this plea that he abjured the noble wife who had thrown light and gladness around his humbler days, and, by her own lofty energies and high intellect, had encouraged his aspirations. It was upon this plea that he committed that worst and most fatal act of his eventful life. Upon this, too, he drew around his person the imperial purple. It has in all times, and every age, been the foe of liberty, and the indispensable stay of usurpation.

“Where
were
the chains of despotism ever thrown around the freedom of speech and of press, but on this plea of STATE NECESSITY? Let the spirit of Charles X. and of his ministers answer.

“It
is
cold, selfish, heartless, and has always been regardless of age, sex, condition, services, any of the incidents of life that appeal to patriotism or humanity. Wherever its authority has been acknowledged, it has assailed men who stood by their country when she needed strong arms and bold hearts, and has assailed them when, maimed and disabled in her service, they could no longer brandish a weapon in her defence. It has afflicted the feeble and dependent wife for the imaginary faults of the husband. It has stricken down Innocence in its beauty, Youth in its freshness, Manhood in its vigor, and Age in its feebleness and decrepitude. Whatever other plea or apology may be set up for the sweeping, ruthless exercise of this civil guillotine at the present day, in the name of LIBERTY let us be spared this fearful one of STATE NECESSITY, in this early age of the republic, upon the floor of the American Senate, in the face of a people yet free!”

In
June,
1842, he signified his purpose of retiring from the Senate. It was now more than sixteen years since the author of this sketch had been accustomed to meet Frank Pierce (that familiar name, which the nation is adopting as one of its household words) in habits of daily intercourse. Our modes of life had since been as different as could well be imagined; our culture and labor were entirely unlike; there was hardly a single object or aspiration in common between us. Still we had occasionally met, and always on the old ground of friendly confidence. There were sympathies that had not been suffered to die out. Had we lived more constantly together, it is not impossible that the relation might have been changed by the various accidents and attritions of life; but having no mutual events, and few mutual interests, the tie of early friendship remained the same as when we parted. The modifications which I saw in his character were those of growth and development; new qualities came out, or displayed themselves more prominently, but always in harmony with those heretofore known. Always I was sensible of progress in him; a characteristic — as, I believe, has been said in the foregoing pages — more perceptible in Franklin Pierce than in any other person with whom I have been acquainted. He widened, deepened, rose to a higher point, and thus ever made himself equal to the ever-heightening occasion. This peculiarity of intellectual growth, continued beyond the ordinary period, has its analogy in his physical constitution — it being a fact that he continued to grow in stature between his twenty-first and twenty-fifth years.

He
had
not met with that misfortune, which, it is to be feared, befalls many men who throw their ardor into politics. The pursuit had taken nothing from the frankness of his nature; now, as ever, he used direct means to gain honorable ends; and his subtlety — for, after all, his heart and purpose were not such as he that runs may read — had the depth of wisdom, and never any quality of cunning. In great part, this undeteriorated manhood was due to his original nobility of nature. Yet it may not be unjust to attribute it, in some degree, to the singular good fortune of his life. He had never, in all his career, found it necessary to stoop. Office had sought him; he had not begged it nor manoeuvred for it, nor crept towards it — arts which too frequently bring a man, morally bowed and degraded, to a position which should be one of dignity, but in which he will vainly essay to stand upright.

In
our
earlier meetings, after Pierce had begun to come forward in public life, I could discern that his ambition was aroused. He felt a young man's enjoyment of success, so early and so distinguished. But as years went on, such motive seemed to be less influential with him. He was cured of ambition, as, one after another, its objects came to him unsought. His domestic position likewise, had contributed to direct his tastes and wishes towards the pursuits of private life. In 1834, he had married Jane Means, a daughter of the Rev. Dr. Appleton, a former president of Bowdoin College. Three sons, the first of whom died in early infancy, were born to him; and, having hitherto been kept poor by his public service, he no doubt became sensible of the expediency of making some provision for the future. Such, it may be presumed, were the considerations that induced his resignation of the senatorship, greatly to the regret of all parties. The senators gathered around him as he was about to quit the chamber; political opponents took leave of him as of a personal friend and no departing member has ever retired from that dignified body amid warmer wishes for his happiness than those that attended Franklin Pierce.

His
father
had died three years before, in 1839, at the mansion which he built, after the original log cabin grew too narrow for his rising family and fortunes. The mansion was spacious, as the liberal hospitality of the occupant required, and stood on a little eminence, surrounded by verdure and abundance, and a happy population, where, half a century before, the revolutionary soldier had come alone into the wilderness, and levelled the primeval forest trees. After being spared to behold the distinction of his son, he departed this life at the age of eighty-one years, in perfect peace, and, until within a few hours of his death, in the full possession of his intellectual powers. His last act was one of charity to a poor neighbor — a fitting close to a life that had abounded in such deeds. Governor Pierce was a man of admirable qualities — brave, active, public-spirited, endowed with natural authority, courteous yet simple in his manners; and in his son we may perceive these same attributes, modified and softened by a finer texture of character, illuminated by higher intellectual culture, and polished by a larger intercourse with the world, but as substantial and sterling as in the good old patriot.

Franklin
Pierce
had removed from Hillsborough in 1838, and taken up his residence at Concord, the capital of New Hampshire. On this occasion, the citizens of his native town invited him to a public dinner, in token of their affection and respect. In accordance with his usual taste, he gratefully accepted the kindly sentiment but declined the public demonstration of it.

Chapter 3

His Success at the Bar

FRANKLIN PIERCE'S earliest effort at the bar, as we have already observed, was an unsuccessful one; but instead of discouraging him, the failure had only served to awaken the consciousness of latent power, and the resolution to bring it out. Since those days, he had indeed gained reputation as a lawyer. So much, however, was the tenor of his legal life broken up by the months of public service subtracted from each year, and such was the inevitable tendency of his thoughts towards political subjects, that he could but very partially avail himself of the opportunities of professional advancement. But on retiring from the Senate, he appears to have started immediately into full practice. Though the people of New Hampshire already knew him well, yet his brilliant achievements as an advocate brought him more into their view, and into closer relations with them, than he had ever before been. He now met his countrymen, as represented in the jury box, face to face, and made them feel what manner of man he was. Their sentiment towards him soon grew to be nothing short of enthusiasm; love, pride, the sense of brotherhood, affectionate sympathy, and perfect trust, mingled in it. It was the influence of a great heart pervading the general heart, and throbbing with in the same pulsation.

It has never been the writer's good fortune to listen to one of Franklin Pierce's public speeches, whether at the bar or elsewhere; nor, by diligent inquiry, has he been able to gain a very definite idea of the mode in which he produces his effects. To me, therefore, his forensic displays are in the same category with those of Patrick Henry, or any other orator whose tongue, beyond the memory of man, has mouldered into dust. His power results, no doubt, in great measure, from the earnestness with which be imbues himself with the conception of his client's cause; insomuch that be makes it entirely his own, and, never undertaking a case which he believes to be unjust, contends with his whole heart and conscience, as well as intellectual force, for victory. His labor in the preparation of his cases is said to be unremitting; and he throws himself with such energy into a trial of importance, as wholly to exhaust his strength.

Few lawyers, probably, have been interested in a wider variety of business than he; its scope comprehends the great causes where immense pecuniary interests are concerned — from which, however, he is always ready to turn aside, to defend the humble rights of the poor man, or give his protection to one unjustly accused.

As one of my correspondents observes, “When an applicant has interested him by a recital of oppression, fraud, or wrong, General Pierce never investigates the man's estate before engaging in his business; neither does he calculate whose path he may cross. I have been privy to several instances of the noblest independence on his part in pursuing, to the disrepute of those who stood well in the community, the weal of an obscure client with a good cause.”

In the practice of the law, as Pierce pursued it, in one or another of the court houses of New Hampshire, the rumor of each successive struggle and success resounded over the rugged hills, and perished without a record. Those mighty efforts, into which he put all his strength, before a county court, and addressing a jury of yeomen, have necessarily been, as regards the evanescent memory of any particular trial, like the eloquence that is sometimes poured out in a dream. In other spheres of action, with no greater expenditure of mental energy, words have been spoken that endure from age to age — deeds done that harden into history. But this, perhaps the most earnest portion of Franklin Pierce's life, has left few materials from which it can be written. There is before me only one report of a case in which he was engaged — the defence of the Wentworths, at a preliminary examination, on a charge of murder. His speech occupied four hours in the delivery, and handles a confused medley of facts with masterly skill, bringing them to bear one upon another, and malting the entire mass, as it were, transparent, so that the truth may be seen through it. The whole hangs together too closely to permit the quotation of passages.

The writer has been favored with communications from two individuals, who have enjoyed the best of opportunities to become acquainted with General Pierce's character as a lawyer. The following is the graceful and generous tribute of a gentleman, who, of late, more frequently than any other, has been opposed to him, at the bar: —

“General Pierce cannot be said to have commenced his career at the bar, in earnest, until after his resignation of the office of senator, in 1842. And it is a convincing proof of his eminent powers, that he at once placed himself in the very first rank at a bar so distinguished for ability as that of New Hampshire. It is confessed by all, who have the means of knowledge and judgment on this subject, that in no state of the Union are causes tried with more industry of preparation, skill, perseverance, energy, or vehement effort to succeed.

“During much of this time, my practice in our courts was suspended; and it is only within three or four years that I have had opportunities of intimately knowing his powers as an advocate, by being associated with him at the bar; and, most of all, of appreciating and feeling that power, by being opposed to him in the trial of causes before juries. Far more than any other man, whom it has been my fortune to meet, he makes himself
felt
by one who tries a case against him. From the first, he impresses on his opponent a consciousness of the necessity of a deadly struggle, not only in order to win the victory, but to avoid defeat.

“His vigilance and perseverance, omitting nothing in the preparation and introduction of testimony, even to the minutest details, which can be useful to his clients; his watchful attention, seizing on every weak point in the opposite case; his quickness and readiness; his sound and excellent judgment; his keen insight into character and motives, his almost intuitive knowledge of men; his ingenious and powerful cross examinations; his adroitness in turning aside troublesome testimony, and availing himself of every favorable point; his quick sense of the ridiculous; his pathetic appeals to the feelings; his sustained eloquence, and remarkable energetic declamation, — all mark him for a 'leader.'

“From the beginning to the end of the trial of a case, nothing with him is neglected, which can by possibility honorably conduce to success. His manner is always respectful and deferential to the court, captivating to the jury, and calculated to conciliate the good will even of those who would be otherwise indifferent spectators. In short, he plays the part of a successful actor; successful, because he always identifies himself with his part, and in him it is not acting.

“Perhaps, as would be expected by those who know his generosity of heart, and his scorn of every thing like oppression or extortion, he is most powerful in his indignant denunciations of fraud or injustice, and his addresses to the feelings in behalf of the poor and lowly, and the sufferers under wrong. I remember to have heard of his extraordinary power on one occasion, when a person, who had offered to procure arrears of a pension for revolutionary services, had appropriated to himself a most unreasonable share of the money. General Pierce spoke of the frequency of these instances, and before the numerous audience, offered his aid, freely and gratuitously, to redress the wrongs of a widow or representative of a revolutionary officer or soldier, who had been made the subject of such extortion.

“The reply of the poor man, in the anecdote related by Lord Campbell, of Harry Erskine, would be applicable, as exhibiting a feeling to kindred that with which General Pierce is regarded: 'There's no a puir man in a' Scotland need to want a friend or fear an enemy, sae lang as Harry Erskine lives!'“

We next give his aspect as seen from the bench in the following carefully-prepared and discriminating article, from the chief justice of New Hampshire: —

“In attempting to estimate the character and qualifications of Mr. Pierce as a lawyer and an advocate, we undertake a delicate, but at the same time, an agreeable task. The profession of the law, practised by men of liberal and enlightened minds, and unstained by the sordidness which more or less affects all human pursuits, invariably confers honor upon, and is honored by its followers. An integrity above suspicion, an eloquence alike vigorous and persuasive, and an intuitive sagacity have earned for Mr. Pierce the reputation that always follows them.

“The last case of paramount importance in which he was engaged as counsel was that of Morrison v. Philbrick, tried in the month of February, 1852, at the Court of Common Pleas for the county of Belknap. There was on both sides an array of eminent professional talent, Messrs. Pierce, Bell, and Bellows appearing for the defendant, and Messrs. Atherton and Whipple for the plaintiff. The case was one of almost unequalled interest to the public generally, and to the inhabitants of the country lying around the lower part of Lake Winnipesogee. A company, commonly called the Lake Company, had become the owners of many of the outlets of the streams supplying the lake, and by means of their works at such places, and at Union Bridge, a few miles below, were enabled to keep back the waters of the lake, and to use them, as occasion should require, to supply the mills at Lowell. The plaintiff alleged that the dam at Union Bridge had caused the water to rise higher than was done by the dam that existed in the year 1828, and that he was essentially injured thereby. The case had been on trial nearly seven weeks. Evidence equivalent to the testimony of one hundred and eighty witnesses had been laid before the jury. Upon this immense mass of facts, involving a great number of issues, Mr. Pierce was to meet his most formidable opponent in the state, Mr. Atherton. In that gentleman are united many of the rarest qualifications of an advocate. Of inimitable self-possession; with a coolness and clearness of intellect which no sudden emergencies can disturb; with that confidence in his resources which nothing but native strength, aided by the most thorough training, can bestow; with a felicity and fertility of illustration, the result alike of an exquisite natural taste and a cultivation of those studies which refine while they strengthen the mind for forensic contests, — Mr. Atherton's argument was listened to with an earnestness and interest which showed the conviction of his audience that no ordinary man was addressing them.

“No one who witnessed that memorable trial will soon forget the argument of Mr. Pierce on that occasion. He was the counsel for the defendant, and was therefore to precede Mr. Atherton. He was to analyze and unfold to the jury this vast body of evidence under the watchful eyes of an opponent at once enterprising and cautious, and before whom it was necessary to be both bold and skilful. He was to place himself in the position of the jury, to see the evidence as they would be likely to regard it, to understand the character of their minds, and what views would be the most likely to impress them. He was not only to be familiar with his own case, but to anticipate that of his opponent, and answer as he best might the argument of the counsel. And most admirably did he discharge the duties he had assumed on behalf of his client. Eminently graceful and attractive in his manner at all times, his demeanor was then precisely what it should have been, showing a manly confidence in himself and his case, and a courteous deference to the tribunal he was addressing. His erect and manly figure, his easy and unembarrassed air, bespoke the favorable attention of his audience. His earnest devotion to his cause, his deep emotion, evidently suppressed, but for that very reason all the more interesting, diffused themselves like electricity through his hearers. And when, as often happened, in the course of his argument, his clear and musical accents fell upon the ear in eloquent and pointed sentences, gratifying the taste while they satisfied the reason, no man could avoid turning to his neighbor, and expressing by his looks that pleasure which the very depth of his interest forbade him to express in words. And when the long trial was over, every one remembered with satisfaction that these two distinguished gentlemen had met each other during a most exciting and exhausting trial of seven weeks, and that no unkind words, or captious passages, had occurred between them, to diminish their mutual respect, or that in which they were held by their fellow-citizens.

“In the above remarks, we have indicated a few of Mr. Pierce's characteristics as an advocate; but he possesses other endowments, to which we have not alluded. In the first place, as he is a perfectly fearless man, so he is a perfectly fearless advocate; and true courage is as necessary to the civilian as to the soldier, and smiles and frowns Mr. Pierce disregards alike in the undaunted discharge of his duty. He never fears to uphold his client, how ever unpopular his cause may seem to be for the moment. It is this courage which kindles his eloquence, inspires his conduct and gives direction and firmness to his skill. This it is which impels him onward, at all risks, to lay bare every 'mystery of iniquity' which he believes is threatening his case. He does not ask himself whether his opponent be not a man of wealth and influence, of whom it might be for his interest to speak with care and circumspection, but he devotes himself with a ready zeal to his cause, careless of aught but how he may best discharge his duty. His argumentative powers are of the highest order. He never takes before the court a position which he believes untenable. He has a quick and sure perception of his points, and the power of enforcing them by apt and pertinent illustrations. He sees the relative importance and weight of different views, and can assign to each its proper place, and brings forward the main body of his reasoning in prominent relief, without distracting the attention by unimportant particulars. And above all, he has the good sense, so rarely shown by many, to stop when he has said all that is necessary for the elucidation of his subject. With a proper confidence in his own perceptions, he states his views so pertinently, and in such precise and logical terms, that they cannot but be felt and appreciated. He never mystifies; he never attempts to pervert words from their proper and legitimate meaning, to answer a temporary purpose.