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3 * AT r^ oT J§v\k *
y 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