'0^ A^ ^ %*^'''/ %'--!^\/ "°^*^-'y.. V ^^. '• ^^ ^^ *i 0*v ,-^P*" /^% ^Siii^r ^'^ '"^^^ <0' .0^ 3 * AT r^ oTy the treaty with Spain all inhabitants of Florida, at the time of transfer, were entitled to United States citizenship, that his father had claimed to be a citizen, and the claim had been allowed, both by the Attorney-General of the United States and by the United States District Court ; and while admitting that Congress had the legal right to repudiate the action of the Executive and Judicial departments, he asked if they had a moral right to do so. 8 S E X A T O R D A V I D L. Y U L E E Deprecating the bringing of political feeling into such matters he said, if the \Miigs who had a majority on the floor as well as in Committee, sought a victim, he stood ready; for, "I am a Republican." That speech settled the matter, not only of his right to a seat, but, also, to be heard, and although in the vari- ous debates, in which he presently shared, he was opposed by such men as Adams, Filmore, Giddings, Everett, Roosevelt, Gushing, etc., they showed plainly that this new comer seemed to them worth answering. For a beginner, he showed also remarkable knowledge of parliamentary law; indeed, the only occasions when he showed ignorance of it were when he wished to make some remarks which Avere out of order; and it was gen- erallv too late when his opponents awoke to the fact. His first speech upon any topic of general importance was upon the expediency of annulling the extradition clause of the "Ashburton" treaty with England, on ac- count of the latter's refusal to return some escaping slaves, who had been indicted for theft and murder by a Grand Jury of Florida. He showed, by incontestable precedents, that the British government, led by abolition- ists, were in this action flagrantly violating their own laws. Thus at once ]\Ir. Yulee indentified himself with the great cjuestion of slavery, around which the destinies of the United States were to whirl, with augmenting vio- lence, for twenty-five years more ; and then fiing upon the Southern States a burden of political and social danger, which will harass them far into distant years. It should be admitted, that to the present generation, ignorant of peculiar circumstances, the preservation of slavery by the Southern States must seem as barbarous a survixal, in the nineteenth century, as the infliction, bv England, of the death jjcnalty for forgery of a marriage license; or as the drowning of witches, in the eighteenth, ])y Massachusetts; or as the present absolute control of parents o\-er children, and cajitain over seamen, may seem to pjcmK socialists of the future. SENATOR DAVID L. YU LEE 9 The explanation is that after the importation of slaves in large quantities, (enforced by England) it could never be discussed as a purely moral question, but only as merg-ed with that of the opposing economic interests of the Xorth and the South. That it was not, in itself, palpably wrong may be inferred from the fact that it was expressly provided for in Leviticus {25) and Exodus (21) ; was never forbidden by Christ, and specifically ap- proved of by St. Paul ; while it existed under British sanction until 1833. Moreover, the Puritans, one of the most moral peo- ples known to history, practised it. regulated it legisla- tively, and their legislature never gave the slaves their freedom, but it was gradually obtained by legal decisions, based on the J3ill of Rights ; a process delayed by the ignorance of the beneficiaries, as may be inferred from the following advertisement appearing in the Continen- tal Journal, March 1781, "Boston : To be sold "^'^ a negro wench 17 years old, ** has no notion of Freedom, *=^= not k]iown to have any failing, but being with child, which is the only cause of her being sold." They placed them apart in their schools, churches and cemeteries ; and did the same with all blacks as late as 1835 without protest except, by a few individuals.* Slave ships were fitted out by the Massachusetts government, and also by private citizens along the whole New England coast ; while in the Federal Convention of 1787, New Hampshire, Massachusetts and Connecticut voted to extend the time limit for the untaxed importa- tion of slaves — Rhode Island and New York not voting. These facts do not prove slavery to be right, but that the South's principles differed chronologically only, not basically, from those of the North ; and the Southerner, beside believing the negroes' immunity to malaria made their labor essential, had them already in too great quan- tity, to consider them from a purely ethical standpoint. Moreover, he honestly thought, with Miss Martineau, a hostile critic, that: "the patience of slave owners prob- *See Harriet Martineau. 10 SENATOR DAVID L. YULEE ably surpasses the whole Christian world;" and that the deprivation of civic rights was no greater cause for un- happiness to blacks than it was to white women and chil- dren. The Quakers of Pennsylvania, being opposed to any use of force, had, from the first, opposed slavery, but made no active propaganda until Lundy started at Balti- more a paper, in which he was later (1829) joined by Garrison, wdio had previously edited one devoted to tem- perance. The latter who, with the zeal of novelty, favored the overthrow^ of slavery, "if not by peaceful means, then by blood," soon parted with the more gentle Quaker and, alone, started upon what long seemed an heroically hopeless crusade. Refused every hall or church, he was finally indebted to a body of infidels, for an opportunity of speaking in Boston, where later (1835) he was dragged through the streets, by a "mob of gentle- men of property and standing." Recruits came to him slowly, and his cause might long have languished, had not its principals been needed to give cohesion to a far mightier impulse. The germ of the abolition movement mav be found in a law of Connecticut passed in 1774. This State which had most stringent laws governing slaves, and did not free them until 1844, in the year first named passed a law prohibiting the importation of slaves because it was thought "injurious to the poor" and "inconvenient." We shall see how the industrial war. which started here, took the battle cry of a few zealous philanthropists, and wrote the histor}- of a continent. The hardy and industrious men who, to belter their fortunes, had left their eastern homes, traversed the dif- ficult ])asses of the Alleghanies, and settled in that part of Virginia's huge gift to the Union, now known as Ohio, viewed with jeolousy the possible competition of slave labor, which was rapidly occupying the country south of the Ohio. So in 1784 they fought the first battle for free labor bv asking Congress to forbid slavery in all Uniteu account of their common interest in the M ississi])])! l,>ivfr — never i)erceiving that this would jirove a motive for war instead of alliance. All these dreams, however, were scattered at the cannon's mouth, and tliere was nothing for onciwho ilnniglit his tirst allegiance due to the State, to do. l)ut ]>erlorm his duty as she might bid him. \\v had. months before Lincoln's election, addressed a public letter to his ])olitical friends announcing his SENATOR DAVID L. Y U L E E 22> intention to retire from public life and devote himself to the development of the State. Accordingly he took no part in the new government, although cordially ap- proving of it, as its principal ofificers were warm per- sonal friends, and he had besides a high opinion of Presi- dent Davis' military training as a qualification for leader- ship at such a junction. It was this quality, however, which made him refuse, at first. Senator Yulee's request for the appointment of a certain Florida civilian to a generalship, in explaining which he said, "It is not every man who can make a good general," the truth of the axiom being proved later by giving the rank desired ; for the officer, while brave, was severely criticised for the handling of his troops. At the beginning of the war. Senator Yulee and his family resided at Fernandina on the Atlantic coast, but his wife and children were subsequently sent for safety to a sugar plantation called Homosassa (Indian — Little Pepperj on a small river flowing into the Gulf of ^Mexico. Thither he also went, when Fernandina was captured by the Federals, who shelled the train in which he was escaping and killed a man at his side. For nearly two years now his life was the tranquil one of a Southern planter* except for an occasional trip to Gainesville, a drive of eighty miles, where were located the offices of the "Florida Railroad," of which he was president It was upon one of these trips that the first of several attempts to capture him was made; one which would have been successful but for what his wife regarded as a palpable interference of Providence. A small expedition from a gunboat led by a native spy, lay in ambush to seize him as he passed a certain lonely spot. But they were looking for a large carriage drawn by a pair of magnificent Kentucky bays, one of which having been taken suddenly ill. a barouche and pair of mules was sub- stituted, so that the intended victim was allowed to pass unmolested. For some time a couple of companies of infantry were, at Senator Yulee's expense, kept on the river to sfuard against the destruction of the sugar mill. 24 S E X A T O R D A V I D L. Y U L E E but they were soon withdrawn, leaving nothing to tell of a great war, except the news brought by the post, which toiled slowly in. twice a week. An overseer, a German gardner, and a Scotch ac- countant, were the only other whites within twenty miles and the Scolchman. dying shortly after the dismissal of the German, the family would be often, during the ab- sence of the overseer, left entirely alone with the slaves. Yet on neither side was this thought extraordinary; for there was complete and affectionate confidence between them. Senator Yulee was always solicitous as to the happiness of those dependent upon him. and certain ex- ceptional practices as to slavery, were in themselves a condemnation of it; for he would never sell a slave: nor buv one. if it separated members of a family; which rule, upon one occasion brought, from the husband of a shrewish wife the remonstrance : "Massa, please don't put yoself out 'bout dat." Many of them could read, especi- ally among those who had come fdelightedly) as part of his wife's dower}-, and although they knew the causes of the war, their sympathies seemed entirely with their master and mistress. When scarlet fever broke out on the plantation, ]\Irs. Yulee had all the healthy children brought down the river to her own residence, in one wing of which most were lodged, the others going into the house-servants' quar- ters. Then, leaving her own children, whom she there- after only saw in boats, across intervening water, she went to the plantation to help in the nursing; as her father and mother had done, before her. in the great cholera epidemic of Kentucky. Health was restored, the placid life resumed, the Yulee children studying under a bcdovcd tutor, whom tKx# 'X all the family accompanied, every Sunday, as he was *^fij{J^'9J^l/^.hornc in a five-oared gig, rowed by sturdy uumi. singing, with rythmic swing, (juaint negro melodies. There, a thousand miles from his Pennsylvania lumie, this dear clergyman ])reached scholarly sermons to a congregation all of whom were reverential, and many of whom remain- ed awake. vS E N A T O R D A V I D L. Y (J L E E 25 At the end of about two years, the whole family went off on a visit to Captain Taylor, a "neighbor" some fifty miles distant, and were enjoying to the full, a hospitality which was famous, when, at daylight one morning two of the Homosassa people appeared and told a startling tale. The servants at the residence, alarmed by the bark- ing of an English sheep-dog, named "Sesech," saw com- ing through the gloom of the night a large boat rowed with muffled oars. Snatching a few belongings, and taking a boat from another part of the island, they hurried up to the plantation, three miles distant, gave the alarm, the cooper — a might)^ shot and sage — took command, torches flared through the darkness, wonder- ing mules and oxen were geared into dozens of sugar- cane wagons, bedding, children, cooking utensils and odd treasures heaped in confusedly, and, as the dawn came, a long line, headed, with bad strategy, by the armed men, marched rapidly away from the strangers, known to be bearing them freedom, toward a loved and trusted mas- ter. When at a safe distance they bivouacked in the open pine woods and sent a report of the happenings. Upon the second day afterward four cautious scouts, perceiving everything to be quiet, proceeded to the empty residence, and finding a heavy box similar to the one used for silver — but really containing books— they put it, and also a demijohn of highly prized Madeira, into their boat and started upon their return. A navy launch ap- peared suddenly, from a branch river, and, for a time, seemed to be overtaking them; but, shouting: "We ain't chillun," and unmindful of the bullets, which splintered the boat and churned the water about them, they bent to their oars, finally ending the unequal contest by escap- ing into a narrow creek. The next morning a high column of smoke announced the destruction of the house and the continued presence of the enemy — for, as of old, over the march of the Lord's appointed army, there constantly hovered "a cloud of smoke by day and a pillar of fire by night." The fine library, collected by Senator Yulee's father, and himself, containing some exceedingly rare books, was the only 26 SExNATOR DAVID L. YU LEE irreparable loss, to be borne, and every one was soon fairly comfortable in new quarters on a cotton plantation near Archer. The writer hopes he may be pardoned for narrating, at some length, an incident which he deems so honorable to his father; and feels bound in fairness to add a fact not so favorable to the system of slavery, which is that another planter offered to buy, en bloc, at a high figure in cotton, these friends of Senator Yulee, who happened to be his slaves. Soon after this aft'air, a conflict arose between the Confederate Government and Senator Yulee, which, through, a misunderstanding on his part, led to an estrangement between President Davis and himself. The local militar_y authorities wished, for general strategic purposes, to tear up the iron of the Florida Railroad and transfer it to Georgia, which, as President, as well as in loyalty to those Northern friends who were the principal owners, and for the protection of East Florida, he con- tested-inch by inch, with all the indefatigable tenacity, for which he was noted. The matter was referred to the Secretary of War, Seddon, and the President, both of whom, as the records now show, gave every consideration to their friend, short of neglect of duty to the country as a whole ; but Senator Yulee never knew this ; on the contrary, being falsely informed, toward the close of the war, that a warrant was out for his arrest, which of course must be sanctioned by the President. The two had long served in the Senate together, were warm personal friends, and each had, confidently, looked for the support of the other, in any measure he had much at heart. It is rare that great intimacy can exist without occasions of friction, and they had theirs, but the sun did not go down upon them. For instance: Senator Davis having one day made, as Secretary of War. under Pierce, some rather em])hatic strictures, upon a certain policv as to Mililai'v l\eser\ati<)ns. and v^cnator Yulee having shown some feeling about il, he i)r()mptl_v wrote, explaining that he had not known the lalicr was interested in the matter, and closed his letter as follows: SENATOR DAVID L. YU LEE 27 "You are too near to me by many ties, and your kind- ness has been too often shown to permit me to leave you for an hour in doubt as to the affectionate regard with wdiich I am as ever, Your friend, Jefferson Davis." Upon another occasion he wrote, chaffingly, to Sena- tor Yulee, who had. evidently, acted upon misinforma- tion : "Those friends of yours who were murdered quite entirely, by the removal of the troops from Fort Capron, took their death in anticipation, as I find the troops have not been removed." About one year before the war a friendly contest took place between them with an important bearing upon his- torical psychology. Col. Joseph E. Johnston's appointment, as Quarter- master-General, was being urged by Senator Yulee, partly on account of his own friendship, but much more, it is to be feared, by reason of the devoted intimacy be- tween his wife and Mrs. Johnston, who had been Miss McLane of Maryland. On the other hand, Senator Davis, a graduate of West Point, distinguished in the Mexican War and an ex-Secretary of AVar. advocated the selection of Col. Robert E. Eee. whose military reputation was fully equal to that of his class-mate and competitor. The choice fell upon Johnston, and thus was engendered, toward him, that disinclination, on the part of the future Confederate President, which was after- w^ards to have such momentous results. Upon these results it would, be interesting, though futile, to speculate. Unquestionably it hastened the fall of the Confederacy, when, in '64, Johnston was replaced, after having, for months, held Sherman's greatly superior army down to an average advance of one mile a day, and inflicted upon it a loss of 50,000 against his own of only 10,000. But, as counterbalancing that, we must count the fact that, in the beginning of the war, it was this same feeling which led to Johnston's being replaced in the command of the army of Virginia by Lee, whom Hen- 28 SENATOR DAVID L. YU LEE derson, the distinguished Enghsh military critic, has de- clared to be: "The greatest English-speaking general since the days of Marlborough." None of these things, had, however, left any mark upon the relations of the two Senators, and we must set down the persistent and determined action by the Gov- ernment, in the railroad matter to a sense of duty and necessary dependence upon the advice of subordinates. Gossip spread exaggerated reports of the strained rela- tions, and finally, in the Spring of '64, some northern papers announced that Senator Yulee was in favor of re- construction. As an answer to this, the Florida and other Southern papers published a letter, written the previous autumn, in reply to a request, from citizens of both political parties, that he should go to the Confederate Congress. His loyal and emphatic approval of support- ing the Government, in its trying hours, and declaration that there should be no peace, "until the Sovereignty of the Confederate States is allowed," settled the matter in the minds of Southerners. However, on 17th August, '64, the Federal General Hatch wrote to headquarters that hearing, from deserters "that Mr. Yulee was hostile to Davis and might be in- duced to head a movement for reconstruction" he had thought an expedition to attempt his capture "worth trying." That same day the expedition, of cavalry and artillery, having missed capturing Senator Yulee, at Gainesville, by scarcely an hour, was completely annihila- ted by General Dickinson. Of a sanguine nature. Senator Yulee hoped for suc- cess even after Hood, unheeding Napoleon's failure in a similar manoeuvre, had thrown his army in the rear of Sherman, who imitated the march of the allies upon Paris, in 1814, by tearing out the heart of Georgia. It was alxnU this time, that, in answer to the request of the writer, who had seen a little fighting, as a volunteer in a cavalry company, he be allowed to join permanently, Senator Yulee said: "Tlic time will come. I suppose, when I must let you go, but," he added sadly, 'T hope I will still count for enough to get you a better place than that." SENATOR DAVID L. YU LEE 29 When Grant completed his great sum in arithmetic at Appomattox, and the Confederacy vanished into his- tory, the Governor of Florida appointed Senator Yulee one of a Commission to go on to Washington and confer with the President, as to Florida's re-establishment in the Union. While at Tallahassee he expressed himself both to the Governor and to Gen. McCook, the Com- mandant, as being in favor of a frank and loyal accep- tance of the results of the war. The Commission, how- ever, was not allowed to proceed, but, on the contrary, about the middle of Alay, 1865, Senator Yulee was arrest- ed at Gainesville, and sent to Jacksonville. He found in command there. Gen. Vodges, who being an officer of the regular army, treated him most considerately and al- lowed him to go about the city on parole, until counter manded from Washington, and ordered to send his pris- oner under guard, to Fort Pulaski, near Savannah. Several nights before his arrest, there had arrived at Cottonwood, Senator Yulee's plantation, a small caval- cade, which proved to consist of some officers belonging to the escort of the Confederate President, in his attempted escape, but who had been diverted, in Georgia, with the double purpose of making the party less con- spicuous, and puzzling the pursuers. This section in- tended to reach the south coast of Florida, and cross over in small open boats to Nassau, into British protection — as did later Secretary of War Benjamin. They were cor- dially welcomed, but were advised by their host to seek the nearest Federal command, and give their parole, under the generous terms accorded by Generals Grant and Sherman. This advice they took, leaving at Cotton- wood certain horses and personal effects which were to be forwarded, later, to their homes in Louisiana. Amongst these were two boxes, which Mrs. Yulee, after her hus- band's arrest, learned from an aide to Davis, Col. Wood, (also escaping to Nassau) contained private papers and effects, belonging to the Confederate President. L'pon this information she confined the task of secret- ing them to the writer, who, delightedly, performed it, one faithful companion assisting, by burying them, at midnight, in the cow stable, where, a few hours later, no 30 SENATOR DAVID L. YU LEE trace of the work could be seen. Being under arrest himself, Senator Yulee determined to send his family to Gov. Wickliffe in Kentucky, and therefore he directed these boxes, when he learned the nature of their con- tents, to be sent to a friend, whose well known Union sentiments would, it was thought, make their care, until forwarded to Louisiana, less difficult. A negro coachman having informed the Federal authorities of the existence of the boxes, a detachment of "Colored Troops" was sent to Cottonwood, commanded by an officer named Bryant, who in his report says: * * ''I met Mrs. Yulee. claimed and received the hospitality of the house, and ascertained * * that the trunk and chest had been removed. I asked her to state frankly where I might find them. After a moment's reflection she said they were the private effects of Mr. Davis and she had received them that she might deliver them to Airs. Davis, who was an esteemed friend. That Air. Yulee had given them in charge to Air. Aleader * * to de- liver to Air. Williams * * who had no suspicion of the nature of the property. * * I found the property in a store-room adjoining the house, not even locked. * * I also have to deliver a French musket, a most murderous weapon, which I received from Airs. Yulee, as the private ]:)roperty of J. Davis." Upon General Vodges' suggestion Senator Yulee made a statement as to this matter, in which he said, that w hen he learned the boxes were the property of Air. Davis, he had continued to retain them because Air. Davis had been a warm personal friend whose "many noble qualities" he admired, and also because there had been some estrangement between them, and for him to deliver these private efifects would have the appearance, both of petty ill-nature and an effort to curry fax'or with his captors. This belief in the antagouism of his former friend he carried to his dealli bed. and it is most pathetic to the writer, now, when l)oth arc dead, to hnd, in the dry offi- cial reports, how baseless the impression was. ami further that among the articU's mentioned by the departmental SENATOR DAVID L. YULEE 31 commander, as found in these very boxes, containing mostly private reports from high functionaries, were "a portrait of Jetl'erson Davis and wife, one of General Lee, and a letter of condolence from D. L. Yulee."* At Fort Pulaski the officers, having the discretion not to ask for instructions too detailed, treated their prisoners most kindly, and when Senator Yulee's family, on their way North were allowed to visit him, the children, who had already been mystified by seeing "Yankee Generals" give up their quarters, on a crowded transport, to a rebel lady, were dumbfounded, when they saw their father rushing past the sentinel, over the moat-bridge, to meet them, instead of being in a dungeon, loaded down with chains. Mrs. Yulee did not go to her father's, but to the coun- try place of her brother-in-law. Judge Merrick in Mary- land, in order to be near AA^ashington, which was now the center of her hopes — and fears ; for sinister rumors were beginning to circulate. Her father. Governor \A'icklifife, came on, saw the Attorney-General, who was a personal friend, and other influential people saw other members of the Cabinet and President Johnson, all only to confirm the rumor that a most determined effort was being made to have her husband tried by court-martial and executed as had been done with the Suratts. Among the officials at Washington was one from whom Senator Yulee had much right to expect such aid as he could give ; one for whom his eft'orts had obtained the Post Master Generalship under Buchanan, and who having been the husband of Mrs. Yulee's much loved sister, had, with her, before her death, enjoyed, for months at a time, the affectionate hospitality which Southerners extend to all those who are of their family, by blood or marriage — yet it was this man, Judge Advo- cate General Holt, wdio was, with unrelenting ferocity, seeking to put him to an ignominious death. Upon what ground did he select this one out of a score of others to try by court-martial, months after peace had been declared? He said it was because he had *This had been written a long time previous. 32 SENATOR DAVID L. YULEE documentary proof that Senator Yulee had tried to learn what stores and armament were in the Pensacola Forts, and also had advised the prompt seizure of those forts, by the State. (Which was expected to have seceded before the letter reached its recipient, as proved to be the case.) Yet the official records show that he had at that very time dozens of similar documents in regard to other public men. The charge as to asking about armament, etc., was peculiarly frivolous, as the demand had been a formal one, signed by both Florida Senators, and had been answered by Holt himself, as Acting Secretary of War, without the slightest intimation that he judged it treasonable. It was his own nature, a compound of petty virtues and crawling vices, which, prompted by diseased vanity, sought to bite the hand that had aided him, and shine, in artificial light, as a spurious Brutus. He had been de- graded, by the noble-minded Lincoln from his cabinet place, and put into the one which he now held, where in evervthins:, except abilitv, he resembled the notorious Fouche of whom, when it was said he had great contempt for human nature. Talleyrand remarked: "He has studied himself very carefully." Unfortunately he had to aid him in exciting passion against Senator Yulee, the fact that the latter in a letter, speaking of his retirement from the Senate, said he would give the "enemy a shot" (which he did not do) "and that I am willing to be their masters but not their brothers." While the loss of political mastery was of course the reason for secession, yet the sweeping expression as to brotherhood was not true, and was evidently written in a moment when threats of coercion had angered him. He signed it "Yours in haste," and to the writer there is internal evidence of this hastiness in the palpably faulty grammatical construction ; such as he has not found else- where, in any of his father's writings. Of the Cabinet, Stanton had been Senator Yulec's friend and Seward had always been friendly, but now the former gave no sign of opposition to his subordinate's designs, and the latter was said to be open in hostility ; SENATOR DA V I D L. Y U L E E 33 but this is most doubtful. Months passed and even Gov. Wickliffe, noted for his iron nerves, was grave with apprehension, when one day a high official drew him apart and gave him a message from President Johnson : "Tell Mrs. Yulee." he said "that not one hair of her hus- band's head shall be touched — but for me to do anything now in his behalf, while passions remain excited, would only injure his cause." This assurance calmed the acuteness of anxiety, but when a year passed and, of all the prisoners, only the Confederate President. Senator Clay, and Senator Yulee remained, hope deferred made the heart sick. Then it was suggested from Washington that a letter from Gen- eral Grant would be of benefit, and General Joseph E. Johnston wrote asking him to intervene. Wires flashed, and, magically, the prison doors were thrown open ; as were the hearts of Senator Yulee and his family, for the great and simple soldier, who had enemies only in time of war.* ^^'hen ex-President Grant was ending his triumphal progress around the world, by a still more triumphal one through the South, he was asked to come to Fernandina. the town where Senator Yulee was residing, which, altering his plans, he did, remaining several days. There his enthusiastic reception by ex-Confederates greatly puzzled his black admirers, who were also disappointed in his appearance ; as expressed by one of them, in reply to the writer, who had asked what he thought of General Grant: "^ Waal. Mr. Yulee he ain't as hearty a man as your Pa." Now, at the age of fifty-six, having spent twenty-five years in a not undistinguished, public career, Senator Yulee commenced, and carried on for twenty years more, the most strenuous work of his life : that of restoring tt) vitality that part of the railroad system of Florida in which he was personally interested. His own holdings in it might have been wiped out by those Northern security- holders for whom he had fought so loyally, and the larg- ^Stanton had some three month previously, without effect, advised that Senator Yulee be released on parole. 34 SENATOR DAVID L. YULEE est owner was in favor of doing so ; and, besides, leaving upon him the burden of one of the railroad's promissory notes for $100,000.00— which he had personally endorsed. But another one of them, E. N. Dickerson, a gentleman born, and of a more dominating character, would not have it thus, and Senator Yulee received, not only his former share, but even an additional amount, to represent his unpaid services in the road's behalf. The road from its poverty and the wilderness of the countrv had been from the first the object of jests both inimical and friendly, and now its cars, which lay, min- gled with its locomotives, in a scrap-heap, had a right of wav. to run upon, represented by "a streak of rust over some rotten sleepers."* Of the seemingly endless difficulties and discourage- ments, with which Senator Yulee fought resolutely through two decades, it is not possible to write, but at last success came, and the road being sold to some English capitalists, he found himself in possession of an income which in the "Eighties" was termed "comfor- table" but which would scarcely be thought so now. At the height of the carpet bag rule in Florida Sena- tor Yulee was ofifered a number of Republican votes, in the Legislature, sufificient, when joined with those of the Democrats to elect him to the United States Senate, but, on account of his business affairs, he felt obliged to decline. His attitude toward that great problem of the South, the negro citizen, may l)e learned from two resolutions. taken from a series, which he offered to Gov. Hart for use in the reconstruction Convention of '67 and '68: "Resolved, That we accept as settled princi])les in the policy of our country the perpetual union of the States, and the liberty and civil equality of all citizens * * *. Resolved, that free government is practical, and consistent with civil order and social progress, only in the degree that communities are advanced in virtue and intel- ligence, and that, therefore, the edncation of all the peoi)le is a proper su])ject of ])nl)lic concern in all republics." *See ITumorons Cuts. Proposed ft (an. for increasing speed on the Florida ^ail Eoad_ map Of saleable Lands on the Tlorida-Rail Hoad SENATOR DAVID L. YU LEE 37 Bnt he foresaw equally that, while book learning might be quickly given, it would take more than a single generation to evoke in them that essential principle of popular government : a sense of responsibility; for this faculty had been paralyzed by long tutelage as slaves. In fact, he realized that the difficulty at the South was simply a result of universal suffrage — the theory that all men are equally competent to govern ; and with a change of color, the same danger confronted the North, where, in some communities, the electorate resembled the w'itches' stew in Macbeth. In 1880, Senator Yulee went again-to reside in Wash- ington, drawn by many reasons ; a married daughter lived there ; his wife could see more of her own paternal family; and he wished his unmarried daughters to see something of that society in which their mother had passed so many years of her life. There too were many of his former friends, and by none was he greeted more cordially than by those who were the leading lights in the councils of the Republican party, like Fish, of New York, Frelinghuysen, of New Jersey, Curtin, of Pennsylvania, or Hamlin, the Vice-President under Lincoln. Four years after moving to Washington, the family had only been installed a few months in their new home, on Connecticut Avenue (now the Austrian Embassy), when the prophetic Spanish proverb: "The house is built and the hearse stands before the door" was fulfilled by the death of the idolized wife and mother. The central motive of his life was gone, and wlien, nineteen months later, the same shadowy message knocked at the door of the bereft man, there was little to aid the great physicians in barring his entrance. Senator Yulee died in the Clarendon Hotel, New York, 10th October, 1886, of a bronchial cold, contracted on a Fall River boat, upon which, there being an insuffi- ciency of blankets, he had taken part of his own covering to put over his grand-child. His heart, too, which was functionally unsound, had been weakened by going into 38 SENATOR DAVID L. YULEE the mountains ; urged by his children, who did not know of the trouble. Side by side, undivided even in death, the two lie in the beautiful Georgetown Cemetery, at Washington, where the murmuring stream sings, perpetually, its gen- tle requiem. Owing to the limitations already self-prescribed, the writer will attempt no further summary of Senator Yulee's character than to make one quotation from the first letter written to him, after his imprisonment in Fort Pulaski by his devoted wife : "* * I would not have you presumptions, but let it console you what the psalmist savs : 'Blessed is the man wdio considereth the Poor, the Lord will deliver him in time of trouble.' This imperfect sketch has been written with a loving hand, and the writer finds himself unable to add that the subject of it, who served his state and nation for twenty- five years with the best of heart and mind, was a traitor. Being neither a profound lawyer, nor eminent statesman, as are all the writers north of the Alason and Dixon line, he finds himself unable to see that there was absolutely no vestige of a right of secession in the Constitution. Secession cannot become a purely academic question while, on its account, a long line of illustrious statesmen are portrayed as fools or knaves, to credulous children, or newly veneered citizens, by current historians; with all the resistless power of a machine type-set, stereotyped, roller press. Therefore the loyal biographer of Senator Yulee must say a few words u])on the subject; in ])roof or extenuation, according to the previously lormed opinion of the reader. It is generally conceded that the Constitution is not explicit ui)on this point, so that we must judge by i-ifer- ences drawn from the circumstances of its production, and, for this purpose, only such facts shall be given as are relcwmt, uncontested and incontestable. The iirst b'ederal Union or Confederation having proved ineffectual in certain matters, a Convenlioii was called for remedying the defects. According to Oduver- neur Morris (a Pennsylvania delegate) : "iMsheries or the ]\Tississi]»])i (its free navigation. C. W. Y.) arc the two SENATOR DAVID L. YULEE 39 great objects of the Union;" while Gorham (from Mas- sachusetts) stated that "the Eastern states had no motive to Union but a commercial one ;" (the regulation of inter- state and foreign commerce. C. W. Y.) and we may add that the large holding of the public debt in certain States, and the wish to have it guaranteed by a "strong govern- ment," was an additional motive. Naturally, we ask: did the States have the right of separation, under the old Constitution, which it was now proposed to modify? In that instrument they were styled the "United States" followed by the name of each separate State ; they retained their "Sovereignty, free- dom, and independence not expressly delegated;" and Great Britain in her treaty of peace had recognized them by name separately and specifically. All through the proceedings of this Convention the possibility of dissolution, of the existing Union, was recognized : as where Hamilton (N. Y.) alludes to "some of the consequences of dissolution of the Union;" Franklin thinks "our States are on the point of separa- tion ;" Elbridge Gerry (Mass.) says, "the present Con- federation is dissolving." But a more convincing fact is that they did dissolve ; since, as pointed out by Gerry, the very mode of forming the new Union was a dissolu- tion of the old; for it provided that when nine of the States should have, separately and independently, ratified the new Constitution they would then form a new Union, leaving the other four in the old. Upon the question as to Avhether or not there should be a radical change, the members of the Convention soon divided into two hostile camps, one led by Randolph (of Virginia) favoring a "national," and the other led by Patterson (of New Jersey), favoring a "federal" form of government. "Mr. Gouverneur Morris explained the distinction between a federal and a national supreme government ; the former being a mere compact resting on the good faith of the parties, and the latter having a complete and compulsive operation."* *Gilpin and Elliot Editions of Madison Papers. This im- portant declaration is by Bancroft transposed; and "Confederate" substituted for "Federal"— probably through the carelessness of some assistant. — C. W. Y. 40 SENATOR DAVID L. YULEE The first report of resolutions, by the Committee of the whole, reported by Gorham, was headed by one de- claring that "A national Government ought to be formed." But the resistance of the smaller States, led by New Jersey, threatened to end the Convention ; so that the word "National" was stricken out of the first and second, or declaratory resolutions, and was used in the remaining resolutions only to distinguish between the o^overnment of the United States and the particular states ; it nowhere appears in the Constitution, subse- quently adopted ; which, moreover, is called "federal" in the letter, prepared by the Convention, submitting" it, for adoption by the States. The difificulty, of combining this "sovereign" charac- ter of the States, with unity and prompt action by the general government, was finally solved by giving, to each State, sovereign equality in the Senate, to which body of the assembled States, was also confided those peculiar powers of sovereignty: making treaties, appointing ambassadors, and other officers, in co-operation with the President ; who was himself to- be chosen by the States, individually, through Electors, whom they might appoint in any manner they pleased, although the number was to vary according to the State's population. This quality of the Senate was declared by Wilson* (Penn.) when saying: "that the Senate defends the States rights under the plan proposed." Was the right of separation, possessed under the old Constitution, surrendered under the new? Certainly not explicitly; and not even impliedly, it seems to the Avriter, In the new Preamble it did not, as in the old, name the states individually, but that was because it was uncertain, which states would enter the new combination. The old phrase "Perpetual I'nion" was changed to "more perfect — not perfect but more perfect — ," and one of its objects was to ])r()\i