.JUU^:kjLJU^:tjkJOUUUUUUUiJkJUUU^JGi COrtWGItT DEPOSm ■•-. .\tSs3 iX .'/•■' MEMOIR AND CORRESPONDENCE JEREMIAH MASON MEMOIR X AND CORRESPONDENCE OF JEREMIAH MASON PRIVATELY PR1N2ED ■ CAMBRIDGE gprintcb at tljc ni^cr^sibc "^xtif 1873 w.'CV?!-^ \. Entered, according to Act of Congress, in the year 1S73, ''Y KonERT M. Mason, in the Office of the Librarian of Congress, at Washington. R I V E R S I h E, C A M U R 1 b G E : PRINTED IIY M. O. HOUGHTON AND COMPANY. PREFACE. I WAS asked by my friend, Mr. Robert Means Mason, to prepare from materials furnished by Uim, a Memoir of his father, Mr. Jeremiah Mason. He was desirous that such of his father's descendants as had never seen liim should have some more distinct impression of what manner of man he was than could be gathered from memory and tradition. I readily complied with his rccjuest, as I had known his father in the last years of his life, and retained a fresh impression of his peculiar traits of mind and character, as well as a grateful sense of his kindness to me personally. It will be borne in mind that this Memoir is privately printed, and intended only for a limited circle of readers ; it thus has more of Mr. Mason's domestic correspondence than would have been proper in a published work. I have been assisted in my task by many of Mr. Mason's surviving friends; among them, Mr. Daniel M. Christie, of Dover, N. H., Mr. Samuel P. Long formerly of Portsmouth, N. H., now of Boston, Mr. John P. Lord, of South Berwick, Maine, Mr. Ebenezer Wheelwright, formerly of Portsmouth, N. H., and ]Mr. Lory Odell and Mr. W. H. Y. Hackett, both of Portsmouth, N. H. To the last named gentleman I am under peculiar obligations, as he has answered my frequent inquiries, and obtained information for me, with a zeal and readiness which nothing but a warm interest in the subject could have inspired. My work, as it went on, was submitted to the inspection of Mr. R. M. Mason, and has throughout profited by his judgment and taste. G. S. HILLARD. Boston, yiiitc, 1873. CONTENTS. CHAPTER I. Autobiography PAGE I CHAPTER II. Remarks on the Autobiography. — Mr. Mason's removal to Portsmouth. — His Marriage. — His Professional Success. — Appointed Attorney General of New Hampshire. — Friendship with Mr. Webster. — Mr. Lord's Reminis- cences .....••••••••. 39 CHAPTER III. Letter to Dr. Appleton. — Politics of New Hampshire. — Mr. Mason chosen United States Senator. — Residence in Washington during the First and Second Sessions of the Thirteenth Congress. — Letters to Mrs. Mason and to Dr. Appleton 48 CHAPTER IV. Letter from Mr. Gore. — Letter from Mr. King. — Mr. Mason's Congressional Life till the Close of the Fourteenth Congress. — Domestic Correspondence. — Correspondence with Dr. Appleton, Mr. King, and Mr. Gore. — Mr. Mason declines the Office of Chief Justice of the Superior Court of New Hampshire . . . . . . . • . • • • • .120 CHAPTER V. Mr. Mason resigns his Seat in the Senate of the United States. — Letters to Mr. Gore and Mr. King, informing them of the Fact, and their Replies. — Letter to Dr. Appleton on the same Subject. — Portsmouth in the Early Contents. Vlll Cu.MK.M3. Contents. Part of this Centurj'. — Mr. Masun'.s i'luicssional and Domestic Life. — The Dartmouth College Case. — Correspondence to the Close of the Year 1818 with Mr. Gore, Mr. King, Mr. Daggett, and Judge Story .155 CHAPTER VI. Correspondence during the Years 1819 and 1820. — Letters to and from Mr. King, Mr. Gore, Mr. Webster, Dr. Appleton, and Judge Story. — Mr. Mason a Member of the New Hampshire House of Representatives in 1820. — Re- port and Resolutions upon certain Resolutions of the State of Virginia upon the Admission ol Missouri, sent to the Governor of New Hampshire . .210 CHAPTER VII. Correspondence to the Close of 1824. — Letters to and from Mr. King, Mr. Gore, Judge Story, and Mr. Webster. — Mr. Mason, in 1824, a Candidate for the United States Senate. — Causes of his Defeat 258 CHAPTER VHI. Mr. ^L^son's Life and Correspondence from the Close of 1824 till his Removal to Boston in 1832. — Death of his Son Alfred. — Chosen President of the Branch Bank of the United States at Portsmouth. — His Policy in managing its Business. — Opposition awakened by his Course. — Successful Defense against the Charges brought against him 297 CHAPTER IX. Mr. Mason's Life and Correspondence, from his Removal to Boston in 1832 till his Death. — Professional and Social Life in Boston. — Death of his Son James. — Retirement from Active Professional Labor. — Declining Years. — Death and Character 342 Appendix 397 MEMOIR OF JEREMIAH MASON. CHAPTER I. AUTOBIOGRAPHY. ON this twenty-seventh clay of April, 1844, being my seventy- sixth birtliday, I sit down to call to recollection and narrate some of the incidents of my life. I am fully aware that I can state nothing" in any degree useful or interesting to the public. My life has been spent almost wholly in the labors and duties of my profes- sion, and like that of most other lawyers, furnishes little or nothing of public interest. Why then do I make these idle notes ? I do it in compliance with the urgent and reiterated request of my children. To them the most ordinary events relating to me may seem to be interesting ; and although I have myself acted no im- portant part, I have lived during one of the most extraordinary periods of the world. I have been sometimes brought in contact with some of the most celebrated men of our country; of some of these I may occasionally speak. I have always supposed that I was descended from John IMason, a captain in Oliver Cromwell's army, v/ho came out from England to Dorchester in Massachusetts, and soon removed to Windsor, in Connecticut, with the first settlers in that colony, and was greatly distinguished in the early wars with the Pequod and Narragansett Indians. But I am not able to trace my pedigree up to him. My great-grandfather lived in the town of Haddam, in Connecticut, and died young, leaving two children, Jeremiah, my grandfather. CllAITKK I. Meinoi}' of yereiuiaJi Mason. ClIAITER I. and a daughter. His relation to John Mason I have not been able to ascertain. My grandfather was born in the year 1705, and died in 1779. I well remember being at his funeral. He lived in that part of the town of Norwich which now constitutes the town of Franklin, on the farm which my father by his will gave me. He was much respected, and somewhat distinguished by his strict observance of religious duties. He was a deacon of the Congregational Church. My maternal grandfather was James Fitch, a grandson of James Fitch, a learned divine, who came from England and was settled as a minister at Saybrook, in Connecticut, and afterwards in Norwich, and died at Lebanon ; in the burying ground of which place I ha\'e seen his epitajsh in Latin, which represents him as having been a man celebrated for his learning and piety. My grandfather w-as born in 1703, and died in 1789. His father also died while young. He inherited from his grandfather a large tract of land in the parish of Goshen, in the town of Lebanon, which he obtained by a grant from the Indians. He had two children, my mother, Eliza- beth, and Ann. He built a dwelling-house on the aforesaid tract of land while in a wild state, and brought a large farm under cultiva- tion. This, when they were married, he divided between his daughters, and retired himself on to a small farm which my father purchased for him. With a quite ordinary education he had a sound and vigorous understanding. For many years he was asso- ciated with the elder Governor Trumbull in representing the town of Lebanon in the General Court in the colony of Connecticut. My father, Jeremiah Mason, was born in the year 1730, and died in 1813 ; my mother was born in 1732, and died in 1809. The aggregate of the ages of my si.\ immediate ancestors amounts to four hundred and ninety-nine years five months and five days, averaging more than eighty-three years to each. My father, soon after his marriage, removed on to the large farm given to my mother by her father, where I and all his other children were born. The title to this farm, derived by grant to my mother's AtUobiog7'apJiy. great-grandfatlicr from Uncas, the Indian sachem of tliat region, has never been alienated out of the family, and is now owned by my nephew, Jeremiah Mason, son of my eldest brother James. My father had nine children, of whom 1 was the sixth. One died in infancy, the rest lived to mature age, were married, and had fam- ilies. In my old family Bible I have stated their births, marriages, children, etc. Two sisters only survive, both older than myself. My father was of a good figure, a little above six feet in height, rather slender, with a j^leasant countenance and ardent tempera- ment. He was easily irritated and as easily appeased. He had a quick apprehension with a sound judgment, was exceedingly active, industrious, and persevering in matters of business, whereby he acquired a large property for a man in his situation. He had a good common-school education ; acted as a magistrate for a long period, and was much resorted to by the people of his neighbor- hood for drawing deeds and other legal instruments. At the commencement of the Revolutionary War, being a staunch Whig, he raised and commanded a company of minute men (as they were called), with which he performed a tour of duty at the siege of Boston, and was with the party that was sent out in the early part of the night to fortify Dorchester Heights. I have often heard him say that he never worked himself, nor saw men work with such ardor and effect for so many hours in succession as on that occasion. The next autumn (1776), having been promoted to a colonelcy, he went out in command of a militia regiment and joined the army in the vicinity of New York. At the end of this harassing and unfortunate campaign, he came home sick. He continued in the command of the regiment till after the close of the war. When General Arnold assaulted and burnt New London, he rallied and brought out his regiment with very commendable speed, which, although no important service was rendered, gained him credit, and was said to be the cause of his being appointed to the command of Fort TrambuU, at the mouth of New London harbor. This he ClIAI-l KU I. 4 Memoir of yeremiaJi Mason. CHAI'IKR I. retained for a few months only, till the excitement occasioned by the attack passed away. He had, or thought he had, a taste for military life. I have heard him express his regret that he had not early in the war entered the Continental army. He was a good man, affectionate to his family, kind and obliging to his neighbors, and faithful and strict in the observance of all moral and religious duties. My mother was a woman of fine natural understanding; of good appearance, but plain in manners and discreet in conduct. Her reading was confined mostly to books of devotion, and she had little concern with artificial accomplishments. Her great value consisted in the purity of her heart and affections under the guidance of native discretion. Kindness and benevolence were instinctive with her ; she seemed never to fall under the influence of any angry or malevolent passions ; she was kind to all who approached her, or came within the sphere of her influence, and this was followed by its natural consequence. I doubt if there was a person in the world that owed her ill-will, or felt an inclination to do her injury. With all this superabundant kindness she was very efficient in the manage- ment of her large household, and in the performance of all her duties. I think she must have had a considerable degree of fancy and natural taste, as she used always to draw the patterns on sam- plers for my sisters' ornamental needle-work, in which they became somewhat accomplished. She was anxiously desirous to give all her children the best education in her power, and it was owing much to her influence with my father, that I was enabled to obtain a collegiate education. She was ardently pious, and much devoted to the duties of religion. In my recollection she is a personifica- tion of love, kindness, and benevolence. I venerate and love her memory. The earliest distinct recollection of my childhood is the alarm of the Battle of Lexington in the spring of 1775, when I was seven years old. In the early part of the evening a horseman called at the door and left a written notice of the alarming intelligence, and AtUobiography. liaslily passed im liis way. The \vln)le family was instantly in eoni- motion. Messages were instantly dispatched to the minute men to meet as quick as possible at their company rendezvous equipped and ready to start for the battle. My father soon departed, after taking a most affectionate leave of my mother and llic children, leaving us all in an agony of tears. For as he was going to fight the regulars (as the British troops were called), we naturally supposed the matter was to be fought out at once, and that there was an even chance that he miglit never return. After two days of extreme distress, news came that the British had retreated into Boston and that our minute men were met on their way and turned back ; we were consoled by the knowledge that our dear father was safe, and also by the belief that the war was over. Latterly in my old age the events of my childhood seem to recur to my memory more freshly than they did in the middle period of my life. The reason may be that I am now more in the habit of trying to recall them. My father lived in a retired situation, with no near neighbors, and only a few within two miles, and those of an ordinary cast, with whom our family kept up but little intimacy. For amusements we were left mostly to our own resources. The most serious incon- venience attending this seclusion, was the v/ant of a good school. There was no school-house within the district, and when a school was kept at all, which was during a small portion of the time, it was in an apartment of some dwelling-house. Till after the age of fourteen, I think, I never attended school but three winters, and not longer than three months each winter; both the instructors and pupils must, of course, have been very ordinary. Considerable pains were taken in the family to instruct the children in the rudi- ments of reading, spelling, and writing, by having the elder instruct the younger. Most, if not all, the children were sent from home for short periods to better schools ; by this means the elder children became, in some degree, competent to instruct the younger. No set times for studv and instruction were fixed on, but the instruction ClIAI'lKK I. Memoir of yeremiah Mason. ClIAITKR I. was given when it might happen to be convenient, and, of course, was of little value. My mother was careful to have us well drilled in the Westminster Catechism, which was faithfully committed to memory, and Mr. Stowe, our parish minister, came regularly once a year and examined us. As soon as I had sufficient strength I was kept industriously at work on the farm, like other farmers' boys, till I had advanced half way through my fourteenth year. I had no special liking for hard work, and often importuned my father to let mc go off to school. He always replied that he intended I should go, and that I should go soon. My elder brother, James Fitch, at the urgent request of my mother's father, whose name he bore, had been sent to school with intent that he should prepare for college, but on attempting the study of the dead languages he took a strong dislike to it and abandoned it. At length my father, tired with my reiterated im- portunity which was always enforced by the advice of my mother, consented that I should go to school ; accordingly, late in the fall of 1782, my father applied to Master Tisdale to receive me in his school in the old parish of Lebanon, about six miles from our house, which I entered. I boarded willi my sister, Mrs. Fitch, who lived near a mile from the school; but that was considered to be no objection, and it truly was not. Many of the scholars lived at greater distances. Master Tisdale's school had acquired a good deal of celebrity, and was attended by scholars from a distance. He graduated at Cambridge, was a good scholar, and had kept the school, I believe, forty years, and had become quite aged, and was, probably, less efficient than he had been. He was, however, still a very competent instructor and worthy man, and I have always retained a grateful regard for his memory. The school-house was a capacious brick building, planned and erected under the auspices of the elder Governor Trumbull, and furnished excellent accommo- dations. When there lately I was both grieved and mortified to see that the modern degenerate proprietors had torn down the vener- able old building and substituted in its place a flimsy wooden erection. All tobiography. I recollect with gratitude the kindness and affectionate treatment of my sister Fitch while I lived with her. She was a woman of excellent understanding, in temperament and disposition much like my mother, and gave me much good advice. I was very backward for my age in all school learning. I read but poorly and spelt worse; my handwriting was bad, and in arith- metic I knew very little. I have always regretted the loss of the time spent at work on the farm at home. Had I been placed at school six or eight years earlier, it would probably have been of advantage to me. I was aware of my deficiency and went to study- ing with good resolution and diligence. In the course of a few months I commenced the study of the Latin, and soon after that of the Greek language. In less than two years I was declared by Master Tisdale to be fitted for college.' In the autumn of 1784, I was examined and admitted to the Freshman class in Yale College. The requirements for admission to that college were then very low. In Latin the examination was confined to a part of Virgil and a part of Cicero's Select Orations ; 1 The First Parish in Lebanon, as that was called in which Mr. Tisdale's school was located, was greatly distinguished by a strict and rigid observance of the prescribed religious duties. They were of the Calvinistic Puritan school, of the highest order. The elder Governor Trumbull, then gov- ernor of the State, was the chief ruler of the synagogue. He was a venerable man, with the repu- tation of much learning. He had for assistants his son-in-law. Colonel William Williams, one of the signers of the declaration of Independence, his son, the late governor, and three or four others who claimed preeminence from their collegiate educations. The parish had been subjected for a long period to a rigid theocratic government. The Sabbath commenced at the setting of the sun on Saturday and ended at sunset on Sunday. The Sabbath was a day of solemn gravity, on which the children were strictly forbidden to laugh. Much difficulty had been experienced in finding a suit.ible successor to their late minister. Dr. Williams, who had occupied their pulpit nearly fifty years. They had numerous candidates on trial ; but the whole parish, men and women, had become critically learned theologians, and none could pass the scrutiny, till at length a Mr. Ely (the late Dr. Ely) was adroit enough to unite all their suffrages. Great preparations were made for his ordination. Some dozen of us school-boys planned a dance for the evening, engaged a negro fiddler and an equal number of pretty girls to join us. We were in high spirits, anticipating the pleasure of a fine frolic, when to our consternation, at the close of the ordination service, up rose Colonel Williams, and, after proclamation for silence, with a loud voice read an order of the civil authority of the town, forbidding all fiddling, dancing, and other like carnal recreations on that day, and enjoining all persons to keep the day with the religious observances proper for a Sabbath. This at once put an end to all our notions of frolicking. Nobody doubted or thought of questioning the right of the civil authorities to make the order. ClIAI'TKU I. 8 Memoir of yeremtah Mason. ClIAllKK I. in Greek, to the Evangelists. My attainments, though slender, were equal or superior to that of a majority of my class. ' At that time the instruction of each of the three junior classes in all branches, was confided exclusively to its own tutor. The Sophomore class being very large, was divided and had two tutors. The president had charge of the Senior class. There was a professor of divinity whose dut\- was confined to preaching on Sundays, and who had nothing to do with class instruction. The tutors w^ere usually young men who had been out of college only one or two years, and retained their places for short periods only. The college was almost entirely destitute of funds and unable to employ competent professors. The whole income from the endowment was no more than sufficient to pay the small salaries of the president and pro- fessor of divinity. The tutors' salaries and all other expenses, were to be indemnified by tuition fees and the rent of rooms in a small college building. Yet with such slender means of instruction, a good" degree of hard study was enforced. President Stiles had ex- cellent talents for government; was both loved and respected, and maintained a sound discipline ; a boy that would not study had an uncomfortable time of it. As was usual, I had been examined and was admitted at the time of Commencement, and at the end of the ensuing vacation I re- turned to New Haven to join my class. I arrived the afternoon of the first day of the term, and having put up my horse and engaged lodgings for the night, I, towards evening, went up to the college to see the splendor of my future residence. While standing in the college yard (as the inclosure was called), a man booted and with a horsewhip in hand, approached me and asked if I was a Freshman. I answered, " Yes, sir." " Take off your hat, then, when in the presence of one of the government of the college." He added, " Go and ring the bell for prayers," and passed into the college building. I was confused by this harshness and went immediately to what I supposed to be the chapel. The door of the belfry was open, but on entering I could find no bell rope. I looked into the chapel. A 2itobiography nobody was there ; after looking again for the bell rope and finding none, and feeling a little indignant at the rude treatment I had re- ceived, I left the chapel and returned to my inn. There I found several of my classmates, willi whom I soon became acquainted. I told them the story of the treatment I had received and of my apprehension of trouble from my disobedience of orders ; this led to an ardent discussion of the demerits of the fagging servitude to which, by the ancient college regulations, the Freshmen were subjected. By the college laws the Freshmen were placed in what we deemed an improper subjection to the members of the other classes. The superiors had the right of requiring of the Freshmen certain menial services, such as sending them on errands to any parts of the town, bringing water from the pump at all times, except during study hours and college exercises. They had also the right of requiring the attendance of the Freshmen at their rooms to be there instructed in the rules and practice of good manners. What- ever might have been the original object and effect of this practice, it had now fallen under much odium, and was exercised mostly by the young Sophomores for the purpose of vexation. We were unanimous in its condemnation as tyrannical and degrading. The next morning I attended prayers at the chapel, after which all my classmates that were present were directed to rejjair to a certain room in college, where we were met by Mr. Perkins, our tutor, who explained to us the college regulations, and assigned rooms in the lower story of the college building to such as desired them. On passing through the yard I was met by the same person I had seen the day before, who immediately recognized me and ordered me to come to his room, which he pointed out. I had be- fore found out that he was Mr. Tutor Channing. He, in a harsh manner, took me to task for disobedience of his orders in not ring- ing the bell. I plead inability by reason of there being no bell-rope. He disallowed my excuse, saying that the rope was drawn up into the second story of the belfry ; that I could have found it easily enough if I had tried. After giving me a severe reprimand, he ex- ClIAI'lKH I. lO Memoir of jfcreviiah Ala son. cused me from further punishment in consideration (jf my ignorance of his dignity and of college laws, and dismissed nic with a strong caution to look out for the future. Alarmed by ha\ing fallen so soon under ill opinion by the Government I went immediately to my father, who was then in New Haven attending a session of the Leg- islature, of which he was a member, and explained to him my griev- ances and apprehensions. He was acquainted with Mr. Talcott Russell, the senior tutor, and arranged with him to receive me into his room as his Freshman. This exempted me from the liability of being fagged by the members of the higher classes. For the privi- lege, I was at the expense of partly furnishing the tutor's room, and did such errands and services as he required. He allowed me a closet for my study. He was a gentlemanly and kind man, and I lived with him the year pleasantly. Mr. Tutor Channing always seemed to look on me with an evil eye, but I had no further difficulty with him. At the end of the year he left, with which I was well pleased. During my college life I was regular in my conduct, getting into no scrapes and tolerably diligent in my studies, especially in my Junior year, when I studied rather severely — quite as much so as my health would bear. 1 had a good standing with the President and tutors. In my Senior year I was one of the monitors in the chapel. My chum for the second and third year was Daniel Waldo, my senior by several years. He was a hard student; and without great faculty for acquisition, by dint of study became a good scholar. He was a very correct and worthy man, and I have always deemed myself fortunate in, having him for a chum. He afterwards became a Congregational clergyman, and is, I believe, still living. I passed through college with good success ; my standing in my class was among the first. In Latin and mathematics 1 was inferior to none, and deeply regret my subsequent neglect of those studies. In Greek I pretty thoroughly mastered the Greek Testament, the only book required to be studied, and in which we were examined. My real knowledge in that language was slender, and is now almost Autobiography. I T entirely lost. I excelled in forensic disputations, of which consid- erable account was then made in the college. My greatest defi- ciency was in the English language, which I impute to the neglect of my early school education. Almost no pains were taken in English at the college at that time. My class was under the instruction of Mr. Perkins the two first years. He was a good scholar and rigid disciplinarian, and kept us diligently at work. The third year Mr. Fitch, afterwards President of Willianistown College, was our tutor. He was a very amiable man, but less efficient as an instructor than Mr. Perkins. During our Senior year the President took the whole charge of our instruction. Ethics constituted our chief class study, and Locke's treatise our only text-book. Some attention was paid to a general review of our previous college studies and the President insisted that tlie whole class should undertake the study of Hebrew. We learned the alphabet, and worried through two or three Psalms, after a fashion ; with most of us it was mere pretense. The Presi- dent had the reputation of being very learned in Hebrew, as well as several other Eastern dialects. For the Hebrew he professed a high veneration. He said one of the Psalms he tried to teach us would be the first we should hear sung in heaven, and that he should be ashamed that any of his pupils should be entirely igno- rant of that holy language. We had but one recitation a day, and the prescribed studies took up but a small portion of our time. Those inclined to study were mostly directed by their own inclinations. I unwisely spent a con- siderable portion of my time in the elementary books of the law, on which profession I had determined. President Stiles' chief value consisted in his admirable powers of government. His time must have been so taken up with other duties that he could have had little for the instruction of his class. Indeed, the whole ability of the college for instruction was, at that time, sadly defective. The college Faculty, however, did the best they could. They made regulations requiring diligent study, which cii M'i'Kk r. 12 JMcvioir of yereviidk Alason. riivriKR I. I they enforced by faithful and ratlier severe examinations. This occasioned a violent fcbellion among the students, which was quelled by the expulsion of some and the dismissal of others. The result was the more firm establishment of the authority of the Gov- ernment. My college life, on the whole, passed pleasantly and with tolerable profit. At the Commencement, when I was graduated ( 1 788), in the public exercises a ])art in the forensic disputation was assigned to me. My classmate, the Rev. Dr. Chajiin, was my opponent. Our question was, whether capital punishment was, in any case, lawful. I held the negative. I stole the most of my argument from the treatise of the Marquis Beccaria, then little known in this country. It was new, and consequently well received by the audience ; indeed, its novelty excited considerable notice. I was flattered and much gratified by being told that my performance was the best of the day. In the course of a long and active life I recollect no occasion when I have experienced such elevation of feelings. During my college life I had been in the habit of frequently attending the law trials in New Haven. The bar contained several talented lawyers and popular speakers, of whom Pierpont Edwards was the most celebrated. He had the reputation of great learning, which, from what I have since heard, I doubt whether he deserved. But he was certainly very fluent, and, 1 thought, elocjuent. The trials were all conducted in a manner loose and highly popular. The admiration excited there led me to choose the law for my profes- sion. Immediately after Commencement I exjjlained to my father my inclination for studying law. He had attended the Commencement, and I knew that he was gratified with my supposed proficienc)', and I expected no objection to my proposal ; l)ut he did object, assign- ing as the reason the great expense that would be incurred, and suggested that I had better keep school for a time or go to study- ing divinity under the direction of Dr. Stone, the clergyman of our parish. I did not believe that he really wished me to study divinity. A 21 tobiography. for which he knew I had no inclination, but supposed he made this objection to punish me for spending more money during my Senior year in college than he deemed necessary. That was occasioned mostly by my purchasing that year more expensive articles of dress than in former years. My clothes had before been furnished almost wholly from the domestic manufactory of the family; which my kind mother had, with great pains, provided for me, and which, though good and substantial, I thought not smart enough. If my father's inclination to enforce rigid economy needed any apology, it might be found in the excessive scarcity of money and the extreme pov- erty of the whole country at that period. Sanguinely confident in my ability to take care of myself I im- mediately determined not to importune my father for further sup- plies, but to attempt to get my law education by my own exertions. From what I had heard at New Haven I got the notion that the State of New York was the best place within my reach for lawyers. My good grandfather Fitch, who then lived with m^' father, had given me a small sum of money ; w-ith this and the loan of his horse I started on a journey to Albany, literally to seek my fortune. I went by way of Litchfield, in Connecticut, where I met with se\-eral of my college acquaintance in Judge Reeve's Law School. I should have been delighted to have joined them, but being unable to do so I professed a decided preference for the State of New York, to v.'hich I told them I was bound. At Great Barrington I tarried a few days with my Aunt Whiting and her interesting family. I soon contracted an intimacy with Samuel, the eldest son, a well in- formed and worthy man, who died many years ago; with him I consulted, and explained my projects. My plan was to support myself while studying law at Albany, by instructing a small school or class of boys preparing for college. If I failed in making such arrangement, I thought of applying to Judge Sedgwick of Stock- bridge, then in the height of his reputation as a lawyer, who had married another of my aunts that died soon after her marriage. My cousin told me that a violent feud had long existed between his ^3 ClIAriKK I. u Mevwir of yeremiah Alason. CiiAi'TF.K I. father, Judge Whiting, then lately deceased, and Mr. Sedgwick, and that the Whitings would be grievously pained bv m\' making any acquaintance with Mr. Sedgwick. I mention this trivial matter, as it was the real cause that in alter times induced me unwisely to neglect opportunities of making the acquaintance of Judge Sedg- wick, which I might easily have done. When I got to Albany I put up at the Eagle Tavern, in Main Street, where there was a large number of lawyers attending the Supreme Court then in session. There, for the first time, I saw General Hamilton and Aaron Burr. I immediatelv inquired out my classmate W'oodworth, who had commenced the study of law in the office of Mr. Lansing, a Dutchman, and afterwards Chancellor of the State, the immediate predecessor of Judge Kent ; from him I got inft)rmation of the general lay of the land. After looking round for two or three days I applied to Major Scill, a lawyer of good, though not of brilliant reputation, and frankly and fully ex- plained to him my true condition and strong desire to enter his office as a student in some way, if I could. He received me with great courtesy and expressed a kind sympathy for my situation, saying that he had at my age found himself in a similar condition. He disapproved of my project of school-keeping; said that Mr. Dickson, whom I had known in Yale College, and who had been in his office three years, was then just leaving it; that he had much writing and other business in his office which I could advantage- ously employ myself in doing, and that, if I felt willing to go to work industriously, he would receive me into his office and furnish all the means necessary for my support during my three years' term of study, and in case I performed my duties faithfully, would, at the termination, claim no remuneration. I gladly acceded to his offer, and, engaging to return in a short time, left him. When at Albany, hearing of the new city of Troy, then just planned, I went to see it. I found a great number of streets staked out and named, with only three or four buildings of any kind, where Ait tobiography. now stands a well built city, with, I suppose, twenty-five or thirty thousand inhabitants. When I got home and told my father what I had done he was decidedly opposed to the whole of my project. His chief objection was a strong dislike to my settling in the State of New York. The people of Connecticut had, from ancient time, entertained strong- prejudices against the people of New York. In the early Indian wars they accused them of aiding the Indians by supplying them with muskets and ammunition. Besides, the Connecticut folks hated the Yorkers because they were Dutchmen and knew nothing of the Saybrook Platform. My father partook a good deal of the preju- dices of his neighbors, and felt an extreme reluctance that I should go and settle for life among the Yorkers. He said if I was resolved on studying law I might return to New Haven and study with Mr. Baldwin, and that he would pay my expenses. Mr. Baldwin is the father of the present governor of Connecticut. He was then a young man of much respectability, had been a tutor in college two or three years, and in the practice of law about one year. I felt a decided preference for returning to Albany, but being unable to overcome my father's reluctance I gave it up, and wrote to Major Scill, excusing my neglect to perform my contract on the ground of my father's refusing his consent ; to which I received an answer, approving of my conduct. I soon went to New Haven, entered Mr. Baldwin's office, and lived in his family. Then, as at the present time, very little instruc- tion in the course of study was given in a private office. I spent a year in Mr. Baldwin's office reading pretty diligently. My time passed pleasantly ; I had access to very good society. He married a daughter of the celebrated Roger Sherman and lived near him. He had a family of children, — some near my age. I was often at the house, and very frequently saw Mr. Sherman. His reputation was then at the zenith. His manners, without apparent arrogance, were excessively reserved and aristocratic. His habit was, in his own house, when tea was served to company, to walk down from ClIAl'TER I. i6 Me^noir of yeremiah Mason. Chapter I. his study into the room, take a seat, and sip his tea, of which he seemed fond, and then rise and walk out without speaking a word or taking any manner of notice of any indivichial. in tlie street he saw nobody, but wore his broad beaver pointing steadily to the horizon, and giving no idle nods. Still, I fancy Roger Sherman was capable of the most adroit address when his occasion required it. Several years after this, being in New Haven, I met Mr. Sher- man in the street, e.\pecting to pass by him unseen, as usual ; I was surprised by his slopping and kindly greeting me, requesting me to call at his house before I left the city. When I called, he received me most courteously and in a flattering manner congratulated me on my success in my profession, of which he said he had been informed. He then told me that, being a member of the old Con- gress of the Confederation during the time Vermont (in which State he erroneously supposed I was settled) was asserting against New York its claim to independence, believing the claim just, he had been an earnest advocate for it ; that during the pendency of the claim, the agents of V'ermont often urged him to accept grants of land from that State, which he refused, lest it should lessen his power to serve them. Now, as their claim was established, and the State admitted into the Union, if the people of Vermont continued to feel disposed to make him a grant of some of their ungranted lands, as his family was large and his property small, he had no ob- jection to accepting it. I was sorry to be obliged to tell him tliat I belonged to New Hampshire and not to Vermont, but that living on the borders of that State and being much acquainted with many of the inhabitants, I would do what I could to have his wishes com- plied with. This I afterwards did by stating the circumstances to several influential men of Vermont. They readily recognized the merits of Mr. Sherman's services, and said he ought to have a liberal grant. But I never heard that anything was done in the matter, and presume his case made another item in the history of the ingratitude of republics. The time the Vermonters needed his services was passed. All tobiography. As I have before stated, the time when I commenced the study of law was a period of extreme depression and poverty throughout the country. The war of the Revolution had exhausted all the resources of the country. For the want of an efficient National Government, trade and all other kinds of business remained stag- nant. The profession of law felt this depression severely. The State of Connecticut was overstocked with lawyers ; most of them had but little business, with fees and compensation miserably small. The professional income of Pierpont Edwards, supposed to be the laro-est in the State, was said not to amount to two thousand dollars a year. Very few obtained half that sum ; my master Baldwin, with his utmost diligence, was scarcely able to maintain his small family, living in the most simple manner. Seeing the host of needy young lawyers, some with clever talents, seeking business with little or no success, I soon became satisfied that my prospect was exceed- ingly unpromising. The common opinion was that the prospect for success was much better in the neighboring States. In most of the States at that time, to entitle a person to admission to the bar, a term of study within the State was required. After maturely balancing the pros and cons, I came to the conclusion, in the fall of 1789, that it was best for me to quit Connecticut. My inclination was strong for New York, and I wished to renew my application to Major Scill, but I found my father still averse to it. I then pro- posed Vermont. To this he made no objection.^ I took a journey of exploration into that State. I there became acquainted with my Uncle Marsh and his family. He was Chief Justice of the Court of Common Pleas in Windsor County, had been Lieutenant Gov- ernor of the State, and was a man of much respectability. He was decidedly in favor of my coming to Vermont. His. son, my cousin Charles Marsh, had then just commenced the practice of law at Woodstock, and seemed to have a good prospect for business. The 1 Many of the settlers of Vermont, especially of the region of the Connecticut river, emigrated from Connecticut, and were known to my father. He had always been strongly in favor of the inde- pendence of Vermont, influenced, perhaps, somewhat by his dislike of New York. .3 17 ClIAPTKR I. i8 Mevioir of ycremiah Mason. CHAi'iKR I. country was new and rough, with the life and bustle peculiar to new countries. There were, at that time, few lawyers, comparatively, in the State, and still fewer of any eminence. There was an ample supply of law-suits involving land titles of considerable importance. I concluded, on the whole, that I should stand a better chance for success in W'rniont than in Connecticut. I entered myself as a student in the office of Stephen Rowe Bradley, at Westminster; returned home ; visited New Haven, and took up my connections there and went back to Westminster the first part of the ensuing winter. I found General Bradley (that was his usual designation) an extraordinary character. He inherited from nature an ardent and sanguine temperament, with vigorous, natural powers of mind, and strong passions. He was graduated at Yale College in 1775, but his attainments from study were slender. His studies were irregular, as his capricious humors and inclinations directed; with- out much refinement of any kind, he had an unconquerable love for broad humor and practical jokes, which he freely indulged on all occa- sions. He was an admirable story-teller, and was never more de- lighted than when he had an opportunity to set the rabble of a court- house or bar-room on a roar by one of his overwhelming droll sto- ries. With all this apparent lightness and indulgence in drolleries, he was persevering and efficient in action, rather deriving aid than suffering impediment from them. Many years after the time of which 1 am speaking, I heard the celebrated Mr. Giles of Virginia, in the Senate of the United States, when expressing his regret for the failure of a certain measure that had been attempted, attribute the failure entirely to General Bradley, who had then been a mem- ber of that body, saying that of all the men he ever knew. General Bradley possessed the most extraordinary powers in a deliberative assembly to defcat any measure he assailed. Among his other queer fancies he built a pulpit in his office, which was ample, ad- joined his house, and opened directly into a parlor, and also into a long piazza, so that a large audience might be accommodated. He occasionally notified meetings and had preaching in his pulpit. All tobiography. On one occasion he gave out that Mr. Murray, the celebrated Uni- versalist, was to preach in his pulpit. This gathered a crowded as- sembl}^ when instead of Mr. Murray, an ordinary travelling Univer- salist preacher whom he picked up, entered the pulpit. He was fluent, and delivered a flaming discourse on his favorite doctrine. Mr. Sage, the minister of the parish, an ardent young Calvinistic divine of the Orthodox sect, who had attended to protect the pu- rity of the faith, on the close of the discourse immediately chal- lenged the Universalist to a combat of polemic discussion. The Universalist promptly accepted the challenge ; General Bradley im- mediately arranged the combatants at two tables, and assumed a seat for himself as moderator to rule the debate and keep order. Sage assumed the part of assailant and the Universalist that of defender, and the battle began. For two long hours the moder- ator sat with imperturbable gravity, ruling the questions of order raised by the combatants, and sometimes suggesting questions him- self. This furnished him with an ample fund of amusement for a long time. He was extravagantly fond of narrating the fooleries he had practiced. He often told with great zest a hoax he had practiced on a poor man, by imparting to him, under solemn injunctions of secrecy, a recipe for making the fish called bass out of bass-wood. He had a vast stock of stories of such like feats. His manners were popular, and such light conduct did not seem much to injure his respectability in the rude state of society then prevailing in that region. He professed to attach much importance to the Orthodox relig- ious faith ; and with a strong love for money, he suffered but little inconvenience from rigid principle of any kind. A short time before I entered his office, he had married his second wife, an amiable woman of lady-like accomplishments, who exerted a very favorable influence over him. I lived in the family, where all things were pleasant, and occasionally enlivened by agreeable com- pany. There was little or no good society in the place, nor was it 19 CiiAi'ii:]! [. 20 Me7iioir of jfereviiah Mason. chai'iek I. ' much better at Walpole, the village on the opposite bank of the river. There was then living in Westminster a lawyer of the name of Lot Hall (afterwards a judge of the Supreme Court of Vermont), a man of ordinary natural talents, little learning, and much industry. With him Bradley had long been at feud. As is usual with village feuds, where there can be but few objects to excite the feelings and passions, the mutual enmity had become so violent as to prevent all social intercourse. Justices of the peace had a large civil juris- diction which was final when under a certain amount of damages. Before these Justices' Courts a great deal of petty litigation was carried on. At these courts Messrs. Bradley and Hall often met, and held discussions not well calculated to soften or sweeten their tempers. Soon after I entered his ofifice, Mr. Bradley, being obliged to be absent at the time of one of these courts, requested me to attend in his stead. I rather reluctantly consented, fearing that I should not be equal to the occasion ; but Mr. Bradley encouraged me by professing to hold his adversary in great contempt. I attended, and there argued my first cause, and won it ; with which both my client and I were well satisfied. Mr. Bradley was much gratified that I had beat Hall, as he termed it. He said his engagements were such as rendered it inconvenient for him to attend to these petty causes, and offered to give me the whole charge and management of all the business before the Justices' Courts, with all the fees in litigated cases, and one half the income (being the taxed costs) in the cases not litigated. The offer was grossly improper for him to make and for me to accept : my time ought to have been exclusively devoted to study. But I needed money, which I knew my father furnished rather reluctantly, felt pleased with the offer, which flattered my vanity, and immediately acceded to it and launched out into a sea of pettifogging. I continued in Mr. Bradley's office nearly a year and a half, during which I did a very considerable business under this agreement. I commenced a multitude of suits for the collec- tion of small debts, and often appeared as counsel in the petty liti- Att to biography. 21 gation in the Justices' Courts in Westminster and the adjoining towns. I certainly knew very little law, but that was the less necessary as most of my opponents knew not much more, and the judges I addressed none at all. Being tolerably fluent I got along pretty well. Whenever it was my fortune to meet Mr. Hall, I was careful to treat him with marked courtesy, to show that with his business I had not adopted Mr. Bradley's quarrel. I often studied my little causes with sufficient diligence, and this premature at- tempt to argue causes helped me to gain confidence in myself; which was highly beneficial to me, for I was exceedingly diffident. The withdrawing so much of my time and attention from regular, systematic study was doubtless injurious. But it put me early in the habit of relying on my own resources, and I am inclined to think that it was on the whole advantageous to me. It was, however, a dan- gerous course, and I would not advise any law student to follow it, if he had the opportunity. The money part of the arrangement did well enough during the eighteen months I pursued it. I had no occasion to call on my father for supplies ; my part of the emoluments of the business was more than sufficient to pay all my expenses, including my tuition-fee and the purchase of clothes, and also the purchase of a saddle-horse, which I kept nearly all the *time. But this was in reality of no great importance tome, for my father had consented to pay my expenses and was well able to do it without any inconvenience. At the Court of Common Pleas held at New Fane in the county of Windham in June, 1791, I was admitted to the bar. By a statute of Vermont the. term of study requisite for admission was two years within that State. I had studied more than two years in the whole, but only eighteen months within the State of Vermont. The prac- tice of the Court was to refer to the members of the bar all applica- tions for admission to it. The bar of that county consisting mostly of young men friendly to me, construed the statutes by equity in my case and recommended me for admission. The Chief Justice, at Chapi'kr I. ^ o Memoir of yereviiah Mason. CHAriER I. the private suggestion of Mr. Bradley,^ as I had reason to believe, opposed my admission on the ground of non-compliance with the statute, which he said the court was bound to inquire into; but his two associates overruled him, and I was admitted. My object now was to fix on a place for commencing the practice of my pro- fession. The reputation of the State of Vermont was at that time low. A few years before the war of the Revolution an ancient con- test between the colonies of New York and New Hampshire, for the jurisdiction of the territory which now constitutes the State of Vermont, had been decided by the Royal Government of England in favor of New York. Most of the lands had been granted by New Hampshire, and nearly all the settlements had been made under those grants. The inhabitants were almost universally opposed to coming under the government of New York, and boldly deter- mined to resist that government by force. To effect this they as- sociated and organized a government by no authority other than their own. Although they successfully resisted New York, estab- lished their independence, and wer.e admitted into the Union as a State, yet they labored under the reproach of having originated a rebellion which they sustained by a course of measures of a mob- bish character, tending to the destruction of all elevated and noble principles. Their courts were badly organized and usually filled with incompetent men.*^ Most of the members of the bar were poorly educated, and some of vulgar manners and indifferent morals. Besides, a large portion of the inhabitants were new set- tlers and poor, and of course not desirable clients. Casting these 1 My reason for believing that Mr. Uradlcy made this suggestion, was that when I requested him to propose me for admission, he .advised against it, and recommended to me to remain six months longer in his office. He said he would propose me if I persisted in requesting it, but that I should in all probability be refused. I told him the bar would recommend me to the court. He answered that the court would not comply with such recommendation. I felt confident that he had no doubt that the court would comply with the recommendation of the bar if I had the aid of his influence. Besides, this sinistrous cour.se was congenial to the man. '^ To this observation the now vencr.ible Nathaniel Chipman forms an illustrious exception. He had lately been appointed Chief Justice to the Supreme Court. He was a sound lawyer and able judge, and although he held the place for but a short period he did much to reform the courts of the State. He is still living, and may be justly styled the patriarch of the Vermont bar.* • Judge Chipm.ln died in 1S43. Autobiography. circumstances over, I began to doubt whether I had best pitch my domicil in Vermont, and entertained serious thoughts of trans- ferring my allegiance to the State of New Hampshire. This latter State had age in its favor, with an apparently more stable and better organized government, more property, and was in all respects in higher repute than Vermont. The courts of the two States were nearly on an equality as to learning and talent, but those of New Hamjoshire had greatly the advantage in point of purity and integ- rity. The bar of New Hampshire also were more orderly, better educated, and of better manners. I had become acquainted with several members of the bar in the county of Cheshire in New Hampshire, who assured me that if I was disposed to come into that county, there would be no objection to my admission. It happened at that time that a Colonel Moore, who had been for several years in the practice in the town of Westmoreland, where he owned a small farm on which he lived, had become desirous of removing into the District of Maine. Hearing of my inclination to come into the State of New Hampshire, he applied to me and offered to sell me his farm, and with it to resign to me his busi- ness. On inquiry, I found he had a considerable run of business, and his stand was thought to be a good one, there being no other lawyer near it. I agreed to accept his offer on condition that I should be admitted to the bar in New Hampshire. Admission in that State was regulated by the rules adopted by the bar. They required three years' study within the State; but they were con- strued liberally, and the studying within the State had sometimes been dispensed with. At the Court of Common Pleas at Charles- town, 1 791, I applied and was admitted without any difficulty. For this I was indebted to the good offices of Mr. West, who was pre- eminently at the head of the bar of that county. Thinking myself very kindly treated by the bar, I in return gave them a brave sup- per at which no small quantity of wine and some wit were ex- pended. At my request the venerable Judge Champney of New Ipswich presided, and at a late hour, when we had become suffi- 21 Chapter I. 24 Memoi}' of ycrcmiah Mason. CitArTEK I. ciently inspired, he called on me to stand forth, and delivered mc a charge, accompanied with the right hand of fellowship. All passed in due form according to the taste of the day, and much to the amusement of the company. I immediately made a journey home, and obtained from my father what money he had on hand, amounting to several hundred dollars, — which he readily gave me, as it was to be laid out in land, which he always deemed the best use for money, — and came back and completed my bargain with Colonel Moore. My purchase consisted of about one hundred acres of land, with a plain and simple cottage on it, standing on the bank of Connecticut river. The price was about $1,500. I gave him what money I received of my father, and for the rest assumed a mortgage that he had eiven on the land. There was a family in the house, whicli fur- nished me with simple lodgings and boarding. I kept my office in a small room of the house for a short time, and then removed it into an adjoining building, that had been occupied for a trader's store, which I purchased. The situation was very retired but ratlicr pleasant; no neighbors near and notliing like a village in the town. Thus, on the 30th of September, 1791, when twenty-three years of age, I found myself settled down for the practice of my profes- sion. I knew my stock of law learning was small. That I firmly resolved to increase to the utmost of my power. I had supplied myself with law books sufficient for present use, and went earnestly to w^ork with them. The determination to do this was what rec- onciled me to the solitariness of my situation. The inhabitants of the town, with the exception of the clergyman, consisted of rough, uncultivated farmers. They, or rather a select number of them, were in the habit of meeting together at each other's houses and having carouses. Of these high-goes my predecessor, Colonel Moore, was extravagantly fond, and indulged in them to great ex- cess. He had been educated at Cambridge College, was of the class of 1782, at which time that institution was more distinguished A u tohiography. for producing good fellows than good scholars. He had procured the establishment of a lodge of Freemasons in the town, of which he was the Master. With much benevolence of disposition, he was very dissipated and very popular. He earnestly advised me to join the lodge, and associate freely with the inhabitants. I went to several of their parties, and, fortunately for me, was disgusted with their coarse wit and rude manners. To get out of the scrape, 1 gave them as good a treat as I could at my cottage, and had no more to do with them, assigning for my excuse, that my time was so entirely occupied with my business and my studies, that I had none to spare. From the Masonic lodge I kept free. Small professional business flowed in upon me in great abun- dance. There were four courts of Common Pleas held in the county each year. I see by my old dockets that during the first year of my practice, I commenced two hundred and two suits at the Common Pleas, and in the second year two hundred and forty- seven, and in the third year two hundred and fifty-seven. Besides these, a vast many writs were issued, returnable before justices of the peace. Before the end of the first year, I admitted into my office two young collegians,^ as students at law. I was aware of my incompe- tency to direct their studies, and frankly told them so ; but they persisted in their request, and I assented. My law library, though small, was, I believe, as good as any in the county. They were soon able to assist me much in the formal writings in the ofiice. During the three years I continued- in Westmoreland, although a considerable portion of my time was necessarily taken up with the multiplicity of small business in my office, I studied with more dil- igence than I ever did at any other period of my life. I was duly sensible of the necessity of it, and what increased my conviction of it was inability to answer, to my own satisfaction, the inquiries sometimes put to me by the young men under my direction. Having acquired some little knowledge of the way of managing ' Erasmus Butterfield and William Thurston. 4 Chaptkk r. 26 Mcvioh' of yeremiah Maso7i. ClIAlTKR I. causes while a student in Vermont, with a good deal of conceit I determined to begin immediately to argue all the causes I com- menced, and others in which I might be engaged, both in the Com- mon Pleas and Superior courts. Fortunately for my hazardous undertaking, law learning was, at that time, in a very low state in the New Hampshire courts. My first cause was an appeal from the judgment of a justice of the peace in the Common Pleas. Judge Newcomb, an old practicing lawyer, had then lately been appointed Chief Justice. I was for the plaintiff, and, on introducing my evi- dence, the Chief Justice ruled against me on my own evidence. I insisted on arguing the case to the jury. Mr. West, who was for the defendant, declined to argue it after so decided an opinion in his favor. I went on with my argument ; the Chief Justice charged strongly against me, but the jury gave a verdict in my favor. This was final and conclusive, the court then having no power to set aside verdicts of juries. This was, of course, highly gratifving to me, and tended much to confirm me in my adventurous resolution. At this time the Legislature was in the practice of frequently in- terfering with the business of the courts, by granting new trials and prescribing special rules for the trial of a particular action. \ ludi- crous instance of the exercise of this sovereign power occurred early in my practice at Westmoreland. A poor man was accused of hav- ing stolen two small pigs of a neighbor, who applied at my ofilice for a prosecution for larcen)'. Doubting whether the taking of the pigs under the circumstances amounted to stealing, one of my stu- dents, to whom in my absence the application was made, advised to an action of trover ; this was commenced, in which the two pigs were alleged to be of the value of one dollar. The deputy sheriff, in serving the writ, finding nobody at the defendant's cottage, left the summons safely placed between the door and the sill, which the plaintiff, living near, saw done. As soon as the sherift' was out of sight, the plaintiff went and stole away the summons. Unluckily for him, this was seen by a person at a distance. The action was of course defaulted, and the first news the defendant had of it was an A^t fobiograpJiy. 27 execution. He made a great outcry, and soon ascertained that tlie summons had been stolen. He came to me with his complaint, and I offered him to have the judgment and execution canceled, and to let liim have a trial for tlic pigs. This he rejected with contcm])t, and forthwith applied to the Legislature, then in session, for a rem- edy for his grievance. The Legislature, without notice to the op- posite party, immediately passed an act directing the magistrate to cite the plaintiff before him, set aside the default and try the action, and to allow to either party an appeal. The plaintiff was cited, and I appeared for him, and denied the power of the Legislature to pass the act, and went into an argument on the constitutional restraints of the legislative power. This was answered by the opposing coun- sel, by portraying the audaciousness of the attempt of an inferior magistrate to question the power of the supreme Legislature. But the justice, having been an officer in the Revolutionary army, and being desirous of sustaining his reputation for courage, which stood high, promptly pronounced the act utterly void, and refused to obey it. An appeal was claimed and disallowed, the justice saying that, as the whole proceeding was void, he had no rightful power to re- cord a judgment or grant an appeal. Thus ended the first act of the farcical drama. The defendant, nothing discouraged by his ill luck, obtained from the sovereign Legislature, at its next session, an act directing the Court of Common Pleas to try the defaulted action. There the parties again met, and, after due argumentation and de- liberation had, that court determined they would do nothing with it. By this time the pig action had gained extensive notoriety, and tended much to bring such special acts of the Legislature interfer- ing with the regular course of the courts of law, into ridicule and deserved contempt. Having no intention of remaining long at Westmoreland, I did but little in improving my farm. I made a small garden, and planted out a few trees for fruit and shade. I took no oversiaht of my farm, which was left entirely to the farmer who had 'charge of it. I had no time for it, had I been inclined, I was so fully occupied by ClIAllKU I. :8 Memoir of ycremiah Masofi. ciiMiKK I. my studies and my business. My income from my business, though not large, yet far exceeded my expectation, and, in that particular, I felt tolerably well satisfied. Hut I became tired with the solitari- ness of my situation, and, late in the fall of the year 1794, I re- moved to Walpole, six miles higher up the river. This was a brisk, active village, with several traders, and many industrious mechanics, and two or three taverns, in one of which I took lodging for a short time, when I engaged a clever house, and small family to keep it, in which I lodged and kept my office. Walpole was, at that time, a place of more business than any in that vicinity, and was much resorted to by the people of the neighboring towns. There was also a considerable travel from a distance, passing on what was called the great river road, so that my situation here seemed quite a con- trast to my former solitude. The inhabitants of that part of the valley of the Connecticut river were then just passing from the rude and boisterous manners of first settlers to a more civilized, orderly, and composed state. There was more motion, life, and bustle than in the older parts of the country. A set of young men, mostly of the legal profession, extending from Greenfield, in Massachusetts, to Windsor, in Vermont, a dis- tance of fifty or sixty miles, were much in the habit of familiar intercourse for the sake of amusement and recreation. They occa- sionally met at village taverns, but more commonly at the sessions of the courts, and freely indulged in gambling, excessive drinking, and such like dissipation. The most of them were gentlemanly in manners, and some talented. I rejoice that I am able to say with truth that I did not belong to them, and never associated with them in their dissipations ; my poor friend, Colonel Moore, who had been a leader among them and was already ruined, served me as a warn- ing beacon, — added to this was the friendly advice of Mr. West, for whom I early entertained the most reverential esteem and respect. Mr. West was by far the first, best lawyer, and, in all respects, the most respectable man in that region of country. He was edu- cated, I believe, at Princeton College, New Jersey, and commenced A u tobiography. 29 the practice of law at Charlestown before the close of ihe Revolu- tionary War. He had good natural powers of mind, a cjuick and clear perception, a delicate taste, highly refined, a sound judgment, and lively imagination. His style of speaking was simple, natural, smooth, and mild ; always pure and neat, and sometimes elegant, with a good person, clear and pleasant voice, much earnestness and apparent sincerity, — he was, altogether, a most persuasive speaker. In arguing cases of complicated and doubtful evidence before a jury, I have seldom, if ever, heard his superior. In the discussions of questions of law, and in argumentation of mere abstract proposi- tions, he was less powerful ; indeed, for the discussion of cjuestions of law, he was deficient in law learning. This he was fully sensible of and attributed it to his having quitted the study when he began the practice of the law. He said the elder Judge Livermore, who had been Attorney General of the province before the Revolution, was Chief Justice of the Supreme Court ; that, having no law learn- ing himself he did not like to be pestered with it at his courts ; that when he (Mr. West) attempted to read law books in a law argu- ment, the Chief Justice asked him why he read them ; if he thought that he and his brethren did not know as much as those musty old worm-eaten books ? Mr. West answered, " These books contain the wisdom of the ancient sages of the law." The reply was, " Well, do you think we do not understand the principles of justice as well as the old wigged lawyers of the dark ages did } " and thus his law books were laughed out ol court. This was surely but poor encour- agement for the dry study of law books. Mr. West was remarkable for his modesty and diffidence ; he never rose to speak, on any important occasion, without such excite- ment as caused a nervous tremor. I have heard him say that his feelings, arising from diffidence, were so distressingly oppressive, that he never rose, on such occasions, when he would not willingly have given three times the amount of his fees to have been excused. He was a member of the Convention of New Hampshire for adopt- ing the Constitution of the United States, where, from his known CllAl'lKK I. ;o Memoir of ytn/ju'ii/i Mason. Chaetek I. talents, much was expected from liim. There was much discussion, and the result, about which he was very anxious, was a long time held in doubtful suspense ; yet, though strongly urged, such was his diffidence that he could not be induced to speak. In social intercourse his manners were simple, but always cour- teous and urbane. He had a delicate and refined wit, and was fond of it in others; his manner of living was simple, exceedingly neat, and approaching to elegance ; he indulged in a liberal hospitality, entirely free from all ostentation. In short, he was a gentleman in the true and best sense of the term. Soon after I removed to Walpole, Joseph Dcnnie, who had studied law in Mr. West's office, and had just been admitted to the courts, came to reside in that village under the pretense of practic- ing law. His legal knowledge consisted wholly in a choice selection of quaint, obsolete, and queer phrases from " Plowden s Commenta- ries," the only law book he had ever read with any attention, and this was read for the sole purpose of treasuring up in his memory these quaint phrases. These he often repeated in ridicule of the law, to the c^reat amusement of his auditors. He was the most aerial, refined, and highly sublimated spirit it has ever been my hap to meet with. He was graduated at Cambridge University, and was of the class of 1790, and, against his own inclination, by the urgent advice of his friends, he undertook to study law. With a good share of native genius, he had a delicate and accurate taste, much cultivated by an ardent study of the English classics, with which he was thoroughly imbued. His language in common con- versation, without any appearance of stiffiiess or jjedantry, was always pure and classical. He early determined on the life of an author, and he deemed it necessary to avoid the use of low or vulgar language in conversation, in order to be secure against it in writing. Highly excited by reading Gibbon's " Decline and I'all of the Roman Empire," he determined (to use his own language) " to essay " the history of his own country. His powers of conver- sation were of the highest order. He had a slender and feeble Autohiography. 31 frame, and was often depressed by bad health ; but when in good health and spirits, I think I have never known a more eloquent and delightful talker. Shortly after he came to Walpole, he commenced writing in a village newspaper, published there under the title of the " Farmer's Museum," I think. His articles attracted attention, and soon gained for tlie paper an extensive circulation.' Colonel Pickering, when Secretary of State, appointed him to a clerkship in that depart- ment, the duties of which (as I understood) were to superintend and correct any inaccuracies he might find in language and style of the correspondence of the office. With this appointment, which was made on the recommendation of his friends, he was highly gratified. But his miserable habit of procrastination prevented his going on to the seat of government till Colonel Pickering, on account of his misunderstanding with President Adams, had quit the office. He was succeeded by Chief Justice Marshall, who, finding this clerkship vacant, and being informed that Mr. Dennie had been appointed to it, wrote to him inquiring whether he intended to accept it. He answered in the affirmative, and promised to come on in a few days. But he still procrastinated, till Judge Marshall, under the influence of kindly feelings toward him, wrote again, saying, if he did not make his appearance by a certain day named, the place must be filled by a new appointment. Poor Dennie s evil genius still pre- dominated ; the day passed without his going on, and the place was lost. A few years afterward he removed to Philadelphia, where he established a periodical under the title of the " Portfolio," which was sustained mainly by his pen. This publication had a broad circulation, and his writings in it were highly esteemed by the most competent judges, for their pure, classical taste. He found little congeniality among the Philadelphians ; and, with the excep- tion of a few accomplished women, to whom he allowed great deli- 1 His politics were in the highest tone of the Washington Federal school. His articles came out under the signature of "The Lay Preacher." At one time he had a fanciful notion of taking orders in the Episcopal Church. He officiated a few times as a lay reader in the church at Clare- mont. Chai'Ti-.r I. 32 CllAITER I. Alemoir of Jereviiali Mason. cacy of taste, he utterly denied all their claim to any kind of literary merit. After suffering severely from ill-health, he died in i8i i or 1812. Royal Tyler, afterwards Chief Justice of Vermont, at the time of which I am speaking attracted much attention in that part of the country. He was graduated in Harvard in 1776, and entered at once, with great zeal and zest, into the dissipated habits and man- ners which at that time characterized the young men of Boston. Havine suffered both in character and fortune, he removed to Guil- ford, adjoining Brattleborough, in Vermont. With respectable natural talents, he had a brilliant wit and great powers for amusing conversation. He moved freely in the society of young men. Another extraordinary character of that time and region was John W. Blake of Brattleborough. His manners were easy, grace- ful, and most agreeable. He was fluent ; had an inexhaustible fund of anecdote, which made him an enticing and pleasant companion. But he was ruined by dissipated habits. Another of the extraordinary men who then ranged that country, was William Coleman,' afterwards so greatly distinguished as the editor of the " New York Evening Post," under the patronage of General I lamilton, that his opponents gave him the title of Field Marshal of Federal Editors. He was of very humble origin, having been born in the Boston poor-house. By great industry and perse- vering diligence, he acquired a good education. As a lawyer he was respectable, but his chief excellence consisted in a critical knowl- edge of the English language, and the adroit management of polit- ical discussions. His paper for several years gave the leading tone to the press of the Federal party. His acquaintances were often surprised by the ability of some of his editorial articles, which were supposed to be beyond his depth. Having a convenient oppor- tunity, I asked him who wrote, or aided in writing those articles. He frankly answered that he made no secret of it ; that his paper was set u]3 under the auspices of General Hamilton, and that he ' He lived at Greenfield. AutohiograpJiy. 1 T J assisted him. I then asked, "Docs he write in your paper?" " Never a word." — " How, then, does he assist } " His answer was, " Whene\-er an^'thing occurs on which I feci the want of informa- tion, I state the matter to him, sometimes in a note. He appoints a time when I may see him, usually a late hour of the evening. He always keeps himself minutely informed on all political matters. As soon as I see him, he begins in a deliberate manner to dictate, and I to note down in short-hand " (he was a good stenographer) ; " when he stops my article is completed." At that time the first and ablest men in the country directed the course of the political press. They ha\-e now withdrawn from it, and left it with the ed- itors, whose chief object is pecuniary profits. This accounts for the difference between what it was then and is now. In the autumn of 1795, being in Boston, I was applied to by Oliver Phelps, the great land speculator, and others to go to Vir- ginia, to examine into the circumstances attending a contract for a large tract of Virginia land, that had been conditionally entered into, with power to ratify it, if deemed expedient, or else to set it aside and substitute another contract in its stead. The passion for land speculation at that time ran high. I had had no previous knowledge or acquaintance with such business, and did not feel competent for it. A liberal compensation was promised me, and I undertook the agency and set out on my journey. When I got to Philadelphia, the session of Congress had just commenced, and I heard President Washington deliver his speech. He was in full dress, with hair in bag, and side arms on, and seemed to me better to represent dignity and majesty than any one I had ever seen. At Richmond I soon ascertained that no manner of reliance could be placed on the performance of the contract I was to inves- tigate. The contractors were found to be entirely irresponsible. Of course I declined to have anything to do with them. My in- structions were, if that contract failed, to make another with some responsible person, that might be substituted in its place. For this purpose I entered into a negotiation with the celebrated General 5 ("IIAIMIK I. 34 Memoir of yeremiaJi Mason. Chapter I. Henry Lcc, then Governor of \'irginia, and made with him a con- ditional contract. This made me much acquainted with him. This was soon after he had commanded, under the appointment of General Washington, the troops called out for the suppression of the Pennsylvania Whiskey Insurrection, when he was at the height of his reputation. He was remarkable for his fine manners and great address; was a gallant soldier, and a great favorite of General Wash- ino-ton. The General Assembly of Virginia was then in session. Tiie country was much e.xcited on the subject of Jay's treaty with Great Britain, and the debates in the House of Burgesses, as they called their representatives, were exceedingly ardent. Washington, with the advice of the Senate, had ratified the treaty. Virginia w^as opposed to it. An address had been moved complimentary to General Washington, who was about to retire from the presidency. Amons other things, it mentioned "the wisdom of his administra- tion." This was assailed with great virulence; the truth of the assertion that his administration had been wise was denied. There was a great display of metaphysical hair-splitting ingenuity of rea- soning. During the debate I dined with the Governor, with a large company, consisting of the leading men of the Legislature. Know- ing, from previous conversation, what my answer would be, he in- quired of me in an emphatic manner, that brought the attention of the company upon me, what was the popular opinion in New Eng- land relating to the treaty. I answered that the first impression had been unfavorable, but that there had been a great change in public opinion, and that I thought a majority of the people were in favor of it. The vote of the Boston town meeting, almost unanimous ^ against the treaty, which had been sent to General Washington, was cited against me. I had no answer satisfactory to the company. I could only assert that the Boston town meeting was no better than a mob, and that the country would not follow it. That even- ing I received by the mail a New Hampshire newspaper, containing > Joseph Hall, since Judge of Probate, was the only person that dared speak in favor of the treaty, and I have heard him say that he did it at the peril of his life. The meeting was in Fancuil >Iall, and a loud cry w.as raised to throw him out of the window. Alt tobiography. j5 Governor Gilman's speecli to the Legislature, and their answer approving of the treaty and its ratification in strong terms. I was engaged to dine the next day at another place, where I knew 1 should meet most of the same company. I put the paper in my pocket, and took the first opportunity to read it, and told them they might look out for a similar declaration from the Governor and Legislature of Massachusetts in a few days. I felt sustained in my opinion of the previous day, and the friends of the treaty seemed much gratified. I saw a good deal of the great men of Virginia, and, among others, became somewhat acquainted with Bushrod Washington, afterwards a judge of the Supreme Court of the United States. He was then a practicing lawyer in Richmond. When about to leave Richmond, I was requested to receive a package addressed to General Washington, and deliver it to him personally. At Philadelphia, I called with the package at the Pi^esident's house, and inquired for Mr. Dandridge, his private secretary, who showed me into a room, saying he would inform the President. In a few minutes General Washington entered the room. I immediately presented the package, saying I had received it at Richmond with directions to deliver it to him. He pointed me to a seat, sat down himself and opened the package and began reading. He soon turned towards me and inquired when I left Rich- mond, and when it was expected the Virginia Legislature would i^ise. He then said something about New Hampshire, by which I saw he had learned from the package that I was a Yankee. As I rose to leave, he rose and asked me when I should leave the city. I answered immediately, and made my best bow. As I rose I saw he measured my height with his eye. I stood erect to give him the whole of it. It obviously exceeded his. This was the only time I ever saw General Washington, except when addressing Congress. His dress was quite plain ; I supposed it to be his riding dress. Long boots, corduroy smalls, speckled red jacket, and blue coat with yellow buttons. I am thus minute, because I deem the most trifling circumstance relating to him interesting. I have never ClIAI'TF.K I. 36 Mcmoii' o/ jcroniah Mason. Chaitkr I. doubted that he was by far the best and greatest man that I have ever seen ; as a public man he approached as near perfection as it is possible for human nature to do. \\ ith me it constitutes one of the strongest illustrations of the innate depravity of our nature, that a large portion of his countrymen, who, without his aid, would probably never have had an independent country, reviled him when living, and, after his death, when the unanimous voice of the whole civilized world compelled them to acknowledge his virtues and his wisdom, have churlishly and foolishly refused to follow his example or his precepts. I was in the House of Representatives when Mr. Ames made his great speech on the British treaty negotiated by Mr. Jay. It was a most masterly display of the highest kind of eloquence. Af- ter the House had been fagged and tired almost to death with discussions by the most talented men in the nation, and nauseated with the subject, he revived and excited the highest state of feeling, and was heard with the most profound interest. Such was the ob- vious effect on the feelings of the House, that on his sitting down and nobody rising to answer, and llie question l^eing about to be put, one of the opposition (I think Mr. Giles) moved an adjourn- ment, saying that under such feelings, the House was incompetent to act wisely or safely. I afterward had the good fortune of seeing and hearing Mr. Ames converse several times. All who knew him allowed him to be the most delightful man in the world. With much genius, he had the purest moral and critical taste. As is commonl)' the case with men of high powers of imagination, he dealt little with logical reasoning, but leapt to his conclusions, as it would seem, by intuition. My agency in \'irginia was thought by those interested in it, to have been judiciously executed. It made me acquainted with many of the land jobbers, who were then numerous. I was offered other agencies, and urged to enter extensively into the business. At first I thought favorably of it, and agreed to undertake several All toblography. agencies in land sales. But I soon saw enough to satisfy me that it was a fallacious, moonshine business, and withdrew entirely from it. I had, as I then supposed, acquired considerable profit from it. but in the end it mostly failed. I Iiad a connection with Ephraim Kirby of Connecticut, which involved me in a troublesome and expensive litigation, in settlement of which I became surety for Kirby ; he died soon after insolvent, and I was obliged to pay sev- eral thousand dollars to get rid of my liability, for which his estate only partially indemnified me. This drawback near])- balanced my account of profits in land agencies. By this time I had become dissatisfied with my situation on Connecticut river. The inhabitants were comparatively poor. I had business enough, but the most of it was of a small kind. I wanted a broader field of action, and to be nearer the great world. I felt a strong liking for Boston, but considering the high reputa- tion and crowded state of the Boston bar, I dared not attemj^t to intrude myself on them. I thought very seriously of going to New York. Having been introduced to Colonel Burr, then at the height of his reputation, and favorably noticed by him, I explained my inten- tion to him. He, with much apparent sincerity, strongly advised my coming to New York ; said he had no doubt of my success, and promised me his patronage. He advised me at all events to quit the State of New Hampshire, which he said could never come to any- thing ; that New York would soon supplant Virginia and govern the Union. I knew that he was in the habit of drawing young men round him, taking them under his patronage, and converting them into political partisans. This greatly lessened the influence of his advice. I thought favorably of Portsmouth, and went there in the spring of 1/97 on a visit of exploration. Edward St. Loe Livermore, who had been at the head of the Rockingham bar, had just ac- cepted a seat on the bench of the Supreme Court. This made a fair opening. The other professional men in that town were not very efficient. Portsmouth was at that time a place of vastly 11 CllAPTKIt I. ;8 Memoir of yeremiah Mason. ciiAiTER I. greater comparative importance than at present. It contained many highly respectable families, and good society was an impor- tant object with me. I had acquired a little reputation in the courts of New Hampshire, and tliought I could take a share of business at Portsmouth, and seriously doubted how that might be at New York. I knew that ludtre Smith was about resitrninsf his place in Congress, with the determination of settling himself in the practice at Exeter. I did not consider that any objection to my plan, and after mature consideration I removed to Portsmouth the ensuing summer. I attended the autumn courts of the two large counties of Rock- ingham and Stafford in 1797, then containing nearly a hundred thousand inhabitants, and was pretty extensively retained. CHAPTER II. Remarks on the Autobiography. — Mr. Mason's removal to Portsmouth. — His Marriage. — His Professional Success. — Appointed Attorney General of New Hampshire. — Friendship with Mr. Webster. — Mr. Lord's Reminiscences. MR. MASON'S simple and characteristic autobiograpliy, bring, ing the record of his life down to 1797, leaves little to be said by his biographer, either in addition or illustration. He was correct in his belief that he was descended from Major John Mason, one of the early settlers of Connecticut, distinguished for his gallantry and success in the Pequot War in 1637. His third and youngest son, Daniel, was the grandfather of Mr. Mason's grandfather.' The town of Lebanon, Mr. Mason's birthplace, has changed but little since he was born. Its inhabitants were and are mostly far- mers, neither rich nor poor, and owning the land which they till. It is a good specimen of the agricultural towns in New England. On this point I am able to speak from personal observation, for in my early childhood it was my fortune to pass nearly two years there, in the family, and under the charge of the Rev. Zebulon Ely, of whom Mr. Mason speaks. I well remember the brick school-house there, for I have sat many hours on its benches, attending school by day and religious meetings by night ; and I heartily agree with Mr. 1 There w.is a missing link in the genealogy of the Mason family, arising from the fact that Daniel Mason, son of Major John Mason, in the Indian troubles of 1676, sent his wife, for her expected con- finement, to her friends in Ro.\bury, where her son Daniel was born in February of that year, and baptized by the Indian apostle Eliot. This was discovered by the researches of the Rev. G. E. Ellis, D. D., which service Mr. Mason acknowledged by a handsome copy of an English edition of the Bible in quarto. The farm oh which Mr. Mason was born was given to his ancestor by Uncas, chief of the Mohegan tribe, and remained in the possession of the family till 1S51. Chapter II. 40 Memoir of ya'e^iiiah Mason. Chapter II. Mason in condemning the bad taste which destroyed this substan- tial and serviceable structure, and supplied its place with a fabric of wood. Mr. I'^ly, my teacher, was one of those old school New England clergymen of whom few are now to be found, and those only in secluded villages. He was a rigid Calvinist in doctrine, but his natural temper was kindly, and I felt for him the love w-hich cast- eth out fear. I suppose his attainments to have been moderate. He could have had but small Latin and less Greek. His whole library, as I recall it, might have been transported in a wheelbarrow. I had but little of teaching or training under his charge ; but he gave me a knowledge of the Bible for which I shall ever hold his memory in grateful reverence. The good old man was mighty in the Scrip- tures. To his simple faith the events and the characters of the Bible were as real and distinct as the scenes of his own life and the men and women of his own parish. There was no cloud of doubt in his sky. The word of God was the object of his daily and rever- ent study, and not only his sermons but his letters and his common speech had a large infusion of the language of the Bible. Upon a salary of less than five hundred dollars a year, aided by a small farm and the tuition fees of a few pupils, he reared a family of twelve children, and left a comfortable property at his death. One of his sons, the Rev. Ezra Stiles Ely, a graduate of Yale Col- lege, and a clergyman in Philadelphia, was a man of some note in his day, and has been saved from oblivion by a few lines in Alli- bones " Dictionary." The people of Lebanon retained in my time the traits which Mr. Mason has recorded as belonging to them a half a century before. They were earnest theologians, cherishing the creed of the early fathers of New England, with lives as strict as their doctrine was austere. Owing to the influence of the Trumbull family, which had long been settled there, the standard of cultivation and manners was, I apprehend, somewhat higher than in other towns of the same class in that region. The common conversation of the people had His Professional Life. a strong theological flavor ; and many a discussion on " fixed fate, fi-ee-will, foreknowledge absolute," by me imperfectly understood, have I heard on Mr. Ely's porch, and around his frugal board. The Sabbath, beginning at sunset on Saturday and closing at the same hour on Sunday, was kept with Jewish or Puritan strictness. I remember being reproved one Sunday, just at the close of day, by one of Mr. Ely's daughters for throwing a stone, and reminded that the sun was not set ; and that, child as I was, I puzzled myself with the incjuiry why an act that was wrong before set of sun was right after it. Mr. Mason was in his thirtieth year, and had been six years at the bar when he removed to Portsmouth. He had found sufficient professional employment, from the start. As he has stated in his autobiography, in the first year after his admission to the bar he had entered two hundred and two suits at the Court of Common Pleas, two hundred and forty-seven in the second, and two hundred and fifty-seven in the third ; besides a large number returnable be- fore justices of the peace. Most of these were probably suits for the collection of money, which took care of themselves after being once entered upon the docket. This was the usual course of busi- ness in those days, as money was scarce, and debtors were willing to pay a bill of costs for the privilege of postponing payment a term or two. But during all these years Mr. Mason had been a diligent stu- dent of the law. Neither the allurements of pleasure, nor the attractions of society, nor the charms of literature had had power to draw him away from his law books in the liours not devoted to the business of his clients. Thus he was not only familiar with the practice of the law, but he had laid up a good stock of sound legal learning, all which was at the instant command of a mind at once powerful and ready. He was abundantly able to cope with any of the resident lawyers of Portsmouth and its vicinity ; nor had lie occasion to shun an encounter with such formidable antaeonists as Jeremiah Smith of Exeter, or Samuel Dexter, Theophilus Par- 6 41 ClIAlTER H. 42 Memoir of yercmiah Alason. Chaitek II. sons, and Joseph Story of Massachusetts, each of whom was some- times retained against him in important cases. On the 9th day of November, 1799, Mr. Mason was married to Miss Mary Means, daughter of Col. Robert Means of Amherst, New Hampshire. This proved a union of rare happiness, securing to him what a hard-working lawyer so much needs, the life-long blessing of a happy home. Mrs. Mason was a woman of excellent understanding, of much gentleness of character, and winning man- ners. As a wife and mother she could not be surpassed. Her hus- band was nowhere so happy as under his own roof. Often obliged to leave home in obedience to the calls of public or professional duty, he always had an assurance that during his absence his house- hold would be watched over with the most judicious and affectionate care. He was given to hospitality, and Mrs. Mason received and entertained his guests with a simple and graceful welcome which was the natural expression of a kind heart and an amiable temper. Mr. Mason was fully employed in professional business from the moment of his removal to Portsmouth ; and after the elevation to the bench of his friend Jeremiah Smith, he stood confessedly at the head of the bar in New Hampshire, and soon came to wield a power over courts and juries such as no one had had before him, and to which no one has since succeeded. In 1802 he was appointed Attorney General of the State. It is hardly necessary to add that the duties of the office were dis- charged by him, during his term of service, with marked ability, and a conscientious regard to the claims alike of justice and hu- manity. But he doubtless found that the claims of a public trust interfered too much with the demands of a rapidly increasing pri- vate jaractice ; for at the end of three or four years he resigned the post, to the great regret of the bench, the bar, and the public. In 1807 Mr. W'ebster removed from Boscawen to Portsmouth, and for the next nine years divided with Mr. Mason the leading business of the State. Their acquaintance had begun before Mr. Webster came to Portsmouth. I remember distinctly Mr. Mason's His Professional Life. telling me of his first meeting with his eminent friend. The for- mer had been retained in defense of a man of some social position, charged with the offense of passing counterfeit money, if I remem- ber right, or, ])erhaps, forgery. He was expecting to meet the At- torney General, whose capacity he had measured and knew; but when the case was reached, a young man, unknown to him, rose, and with modest self-possession, asked permission to conduct the prosecution on behalf of the government, in place of the Attorney General, unavoidably absent. This proved to be Mr. Webster, then recently admitted to the bar. " I soon found," continued Mr. Ma- son, " that I had a more wary and formidable antagonist to deal with than the official representative of the State, and never did Mr. Webster show more judgment and ability in the trial of a case than in this." He did not prevail, however, for Mr. Mason's client was acquitted. But from that moment Mr. Mason watched with inter- est the progress of his young friend, and was not unprepared for his future efforts and triumphs. As a general rule, Mr. Mason and Mr. Webster were retained on opposite sides in every important case that arose in the region where they lived ; and it is a fact honorable to both of them that this constant antagonism did not prevent their being intimate friends, and this, too, though both were earnest men, and would hit hard when the interests of their clients so required. And this fact is honorable to the profession of the law itself, the aim and purpose of which are to present the conflicting claims of men to the reason and conscience of a disinterested arbiter, purged from the blinding and misleading passions of the parties themselves. Mr. Webster has left on record acknowledgments of the intellectual advantage he derived from thus being brought early in life into such close relations with a mind so powerful as Mr. Mason's, and so admirably disciplined by the study and practice of the law. Mr. Mason was fourteen years older than his friend, and on this account, as well as from the former's commanding position at the bar, the younger man naturally looked up with deference to the 43 CllAI'll-R II. 44 Mcvwir of yn'auiah Mason. CiiAiTER II. elder. And from the intellectual characteristics of the two men, Mr. Mason was fitted to exercise a valuable influence over his younger friend. Mr. Webster had more various power than Mr. Mason, but the latter was his equal, at least, in logical force, and his superior in legal learning. Mr. Mason's whole mind and time were given to the law ; not so Mr. Webster's. The difference between them may be stated thus : Mr. Mason was a great lawyer, but Mr. W'ebster was a great man practicing the law. Nor had the latter Mr. Mason's love of labor and patience in legal research ; indeed, Mr. Webster's natural temperament was rather inclined to ease and averse to exertion. It required a strong force to rouse his great powers into full activity. Thus it was of much service to him to be for so many years con- stantly opposed to Mr. Mason in professional contests, for it com- pelled him to work hard, to be ever vigilant, to take nothing for granted, to be always prepared. He once said that dig as deep as one might in the study and preparation of a case, he would find that Mr. Mason had gone deeper still. No one opposed to the latter could afford to be indolent or negligent or superficial, for such course would make shipwreck of his client's cause. Mr. Webster's powers, especially his skill and ability as a lawyer, were greatly strengthened by the robust and athletic training which his struesles with Mr. Mason gave him. From tiie beginning of his residence in Portsmouth to the date of his removal to Boston in 1832, Mr. Mason's life flowed on in a uniform current, varied only by his four years' service in the Senate of the United States from 181 3 to 18 17, and an occasional term in the Legislature of New Hampshire. It was a life of arduous and monotonous professional toil, relieved and refreshed by the cordial influence of a happy home, and the exercise of a wide and generous hospitality. The career of a hard-working lawyer leaves little for a biographer to record, and most lawyers are themselves quite willing to forget their professional experiences and struggles as soon as the heat and dust of the fight are over. His Professional Life. Mr. John P. Lord, who was a student in Mr. Mason's office for three years, at a time when it was full of business, has put on record his recollections of his teacher, and of his manner of life, a liberal extract from which may be here ap|M-opriatcly introduced : — " I entered the law oflice of the Lite Hon. Jeremiah Mason of Portsmouth, N. H., as a pupil, in September, 1805, and continued thereuntil my admission to the bar, in 1S08 His otfice was overrun with clients, coming to him to write special contracts, conveyances, wills, and all other documents which required the finishing touch of a lawyer, as well as for all sorts of legal advice, to commence and defend suits of law, and for other purposes in the line of his profession. His charges were moderate, even for that day and place, and his office business would have been very lucrative under the circumstances. I think almost with incredulity, upon the office labor he performed, for he never had a clerk, to my knowledge, whom he would trust to do such work. The number of original entries he made at every session of court, was usually more than that of all the other attorneys in Portsmouth and more than three times as many as any other lawyer in the county ; and he was employed in the defense of every important suit. During my clerksliip, Mr. Mason was found at his office in business hours, morning, afternoon, and evening, unless otherwise pre- vented. Between his office and house, there was no half-way place for gossip. I know he was sometimes accosted in the street by certain persons for a legal opinion, gratis, but he used to request them politely to call at his office, and he would hear their case. When he came into his office, mornings, after breakfast, we were careful to have it swept and purified from the smoke of cigars, for young men, even in those days, had bad habits. He used every morning to look over his accounts and books, to see that all charges for the day preceding had been entered. He kept a dav- book and ledger, and his only cash-book, to my knowledge, was that with the bank, which he kept in a private place. Mr. Mason usually spent a short time to converse with his students, about their studies, to ask them questions in reference thereto, and to direct them to the proper books and authorities ; and at all other times, he was free to converse with them, and occasionally to entertain them with anecdotes about persons and things, of which he had an e.xhaustless stock. He re- quired us to hunt up authorities, and prepare briefs of special cases. But the office was usually a dull place to all callers, e.xcept those who came to see the head of it. It never was a place for outside retailers of news or gossip. Mr. Mason was partic- ular in small things, especially in paying over all moneys collected by him for others. No client had to call the second time for his money. All his private bills were paid at sight. He was never short. It was not his practice to loan money to individuals or to lend his name as surety or indorser. He abhorred the custom, then familiar with attorneys, to advance money on notes, accounts, or personal property lodged as collateral security, deeming it disreputable to the profession, for a lawyer to act as 45 CltAI'TKR TI. 46 Memoir of ytremiah Mason. CHM1>K II. broker or banker. Mr. Mason magnified his position by exerting all his influence to prevent petty litigation, or the commencement of suits upon mere quibbles, or for the purpose of procrastination, or to gratify personal vindictiveness, or retaliation. He was eminently a peace-maker, and was instrumental in healing many a wound, and in preventing the useless expenditure of money, by a set of litigants, who were in the habit of annoying lawyers, to aid them in schemes of malice or revenge. Disputes, disagreements, and differences of opinion in contracts and insurance, were often settled at that time by arbitration. Mr. Mason was employed in most of such cases which occurred as counsel for one of the parlies, and I have known him to be called to distant towns in that capacity. He was eminently successful in this field of professional labor. So much confidence was placed in his skill and ingenuity by referees, that their awards in such cases were complimentary to him, and as far as right and justice availed, Mr. Mason never lost a case. I had occasion to consult him in a case commenced shortly after my admission to the bar, which was submitted to reference. He told me how to proceed, and to manage it myself But I had not the courage, as it involved a large sum of money. Mr. Mason was called to my aid, and after one of the ablest arguments by the opposing counsel, he put his adversary to shame, and recovered an award in favor of my client, which was deemed a victory, as the issues were doubtful. The sum awarded my client exceeded $3,500, and for that most valuable and successful effort he declined to take a fee, out of friendship to me. The renown of Mr. Mason as a lawyer was earned in open court. This was the field of his glory. He had great power with the Court ; for he was respect- ful, lucid, and always panoplied with a well prepared legal argument. When he addressed the jury of trials, he was felicitous in presenting the strong points of his case, as it were, in a nut-shell, and in hiding out of sight, as much as possible, the strong points of his opponent's case, and commenting with severity upon his weak points. No matter what the case was, he was ready for trial, with his witnesses, his brief, and his authorities at hand. He seemed to have an intuitive knowledge of character, especially of jurors, and when he addressed them, adapted his speech to their comprehension, their judgment, and their consciences. He aimed to be brief, clear, and argumentative, and not prosy, florid, and declamatory. His words told. Mr. Mason was learned in criminal law. He was the first -Attorney General in the State who comprehended the responsibilities of the office. His predecessors, as I heard, lacked knowledge. There was confusion in that department at his appoint- ment. He purified it. His labors in that office were herculean. The Supreme Court was holden in every county of the State ; and his official duties required him to be present at each session of the Court, when the Grand Jury was also in session. His punctuality was proverbial. As the legal adviser and organ of the grand in- quest of the county, it was told me that he frowned upon all vexatious combinations to procure indictments, as had been the custom, and in all cases brought before them, counseled the jury of inquest never to agree upon indictments unless the His Professional Life. evidence of guilt would lead to conviction by the jury of trial. Hence it was the common remark of the lawyers, that prisoners, under the administration of the Attorney General, had a small chance of escape from the verdict of the jury of trial. It was said the vigilant Attorney for the State never lost a case ; that conviction followed indictment, and that punishment was the consequence of guilt. 47 Chaptkr rr. CHAPTER III. Chapter III. Letter to Dr. Appleton. — Politics of New Hampshire. — Mr. Mason chosen United States Senator. — Residence in Washington during the First and Second Sessions of the Thirteenth Congress. — Letters to Mrs. Mason and to Dr. Appleton. THE Reverend Jesse Appleton, D. D., was an early friend and correspondent of Mr. Mason's. They were connections as well as friends, Mrs. Appleton and Mrs. Mason being sisters. Dr. Appleton was chosen President of Bowdoin College in 1807 and died in 18 19, at the age of forty-seven. His death was regarded throughout New England as a heavy blow to the interests of relig- ion, education, and literature. Mr. Mason was warmly attached to him, and had the highest respect for his character and capacity. Dr. Appleton had probably in his course of instruction had occa- sion to consider the question of usury and usury laws, and had written to his friend for his views on the subject. Mr. Mason replies in a letter which is the earliest on date of any I find among his papers. JEREMIAH MASOX TO THE REV. JESSE APPLETON, D. D. Portsmouth, August 12, 181 1. Dear Sir, — I know I ought long ago to have answered your letter of 20 June : not well knowing how to do it is the reason of the delay. I think it probable when you have read this you will be convinced of the sufficiency of the reason. Theorists have often doubted the policy of laws against usury. The fact, however, that such laws have been adopted by most civ- ilized nations, as well ancient as modern, is of itself strong evi- dence of their practical utility. The protection of the poor from oppression (which you mention) Letter on Us2i?y. is doubtless one, but I think not the principal object of these laws. Such laws have been in use in many countries where the rights of the poor were little respected. The principal object has been said to be to induce the rich cap- italist to use his own stock and be industrious. It is more advan- tageous to society that the rich capitalist should use his own indus- try in the employment of liis stock, than that he should sit idle and take the benefit of the industry of others. The loan of money therefore at a high rate of interest, which would encourage the capitalist to be idle, has always been discouraged. A nation has only a limited cjuantity of capital stock on which to employ the labor of all its citizens ; without lands for the hus- bandman, or materials for the mechanic, there would be no labor. This capital stock, whether consisting in lands or personal chattels, will for obvious reasons be possessed by individuals in very une- qual portions. The object to be attained is such a distribution of it as \vill afford the greatest incitement to productive labor, and thereby give the greatest increase of the capital stock. The increase is the joint product of the stock and the labor bestowed on it. The borrower wants to obtain stock on which he can be- stow his labor with profit. The viotiey received in the loan is merely the instrument which conveys a right to a certain portion of capital stock. A mechanic who hires money to purchase the materials he wants, finds the money to be only an efficient order for the materials. He might as well hire the materials of the money-lender, if he had them. The rate of interest of money there- fore regulates the rate of hire of all other property. A prohibition to take any interest would generally prevent loans. Were benevo- lence to form the only motive, the fear of loss would prevent, or too much restrict lending. This prohibition, which was taken from the Mosaic code, and adopted in times of monkish supersti- tion in England and most other countries of Europe, is now uni- versally exploded. Under certain circumstances lending is bene- ficial to both the parties concerned and also to the public. When 7 49 Chai'Tkr III. ;o Mcvioir of yereiniaJi Mason. ClIAPlKR III. the capitalist has more stock than he can manage to profit by his own industry, he ought to lend that part which he cannot em- ploy to advantage, and that part only. If he lends the whole he must become idle himself. Idleness in the rich is as detrimental to society as idleness in the poor. When the rich capitalist can by lending his stock obtain as much profit as he can by retaining it, and bestowing his own industry on it, he will lend the whole and become an idle drone living on the industry of others. The man who lives on the interest paid for his loans, is, as it respects the increase of national wealth, a dead tax on society. Hence good policy re- quires that the rate of interest should be such as will induce the capitalist to lend the surplus only of his stock which he cannot himself employ to profit, and the industrious laborer to hire it and thereby make profit by his labor. A moderate rate of interest will induce the capitalist to lend his surplus, which if retained by liim will give no' profit. The danger is that the rate of interest, unless restrained by law, will be too high, more especially in poor countries where there is more ability to labor than stock to employ it. If the rate of interest is so high as to take the whole or nearly the whole of the product of the stock hired and labor bestowed on it, there will be no inducement to hire, and the laborer will be- come indolent. In rich countries there being a superabundance of stock, and consequently less profit from the employment of it, the rate of interest usually is, and ought to be low, and in poor countries it ought to be higher; otherwise there will be no loans. The laws against usury limit the highest rate of interest for which loans may be made. These doubtless tend to keep down the rate of interest, unless the legal rate is fixed greatly below the market rate. If the difference is very great it will induce the lender to attempt evasions of the law, and to seek indemnity for the risk he runs by the enhanced rate stipulated for. The legal rate ought to be neariy the same with the market rate, or the rale it would fix at if not regulated by law. This market rate must be gathered Letter on Usury. 51 from the average given by prudent persofts, on good scctirity, witli ordinary prospects of profits. And the law, by fixing this rate, ])rc- vents loans on bad security, which is commonly injurious to the public as well as to the lender; for if the rate of interest is the same, the good security will be preferred. The persons who are willing to hire at an extravagant rate of interest are sometimes the poor and distressed, but more often the prodigal and the sanguine projector, forming wild projects of gain which are generally injuri- ous to society. If they were permitted to hire at what rate they pleased, they would greatly enhance the market rate, and thus pre- vent others more prudent from obtaining loans on moderate terms. The market rate in many countries has often been below the legal rate. In Holland, before the late revolution there, the rate fixed by law was four per cent. Yet loans were effected there on Governmental security at two per cent., and on private security at three per cent. In England, where the legal rate was formerly fif- teen and afterwards ten per cent., and is now five per cent., loans have been had by Government at three per cent., and by individuals at four per cent. In those countries there was a great abundance of capital. In some of the United States — New York and South Carolina — the legal rate is seven per cent. Loans have often been made in New York at six per cent. I am inclined to believe that in the large towns of the United States generally, the market rate is not over six per cent. The three per cent, stock of the United States has usually sold for more than sixty per cent. This is our most permanent stock, and consequently is best esteemed. Our Govern- ment have generally hired what they wanted at si.x per cent., re- deemable at a short period ; and I am told they had one loan of the Bank of the United States at five per cent. In remote and poor parts of the country the market rate is prob- ably above six per cent. ; but this is owing in a great measure to the insufficiency of the security given. Moneyed men in such parts of CiiAi'ir.u III. Memoir of yereiniah Mason. ClIAITKK III. tlic CDuntry who arc in the habit of lending always complain of their frequent losses. We have agreed with Dr. Coffin to take the charge of our Acad- emy. I hope and believe it will prove fortunate for us. Last Sunday Ur. Griffin preached a charity sermon here for the benefit of the Female Asylum. The sermon was very long, and yet by most of the hearers said to be very eloquent. We expect to see you after your Commencement, in which I hope we shall not be disappointed. I am sincerely yours, J ERE. Mason. Down to the year 1805, New Hampshire was a Federal State: but in that year, after an exciting contest, the Republican party prevailed, choosing a governor, and carrying every branch of the State government by a majority of nearly four thousand. At the beginning of the year, the Senators in Congress were William Plumer and Simon Olcott ; but the latter's term of service expired in March, and Nicholas Oilman, a Republican, was chosen in his place. As he was the first Republican who had represented New Hampshire in either House of Congress, his election was naturally hailed with much triumph by his party. In August, 1S06, five Republican members of Congress were chosen, and a few months later, Nahum Parker, a Republican, was chosen Senator to succeed William Plumer, whose term of service had expired. In the spring election in 1S08 for State officers, the Republican party retained their ascendancy, choosing a Legislature which sus- tained the policy of President Jefferson, adopting an address to that effect ; but in the national election in the autumn, the tide of politics turned, and the Federal party prevailed ; choosing five members of Congress, and presidential electors who gave the vote of the State to Charles Colesworth Pinckney, the unsuccessful rival of Madison in the contest for the presidency. In the State election of the spring of 1809, the P^cderal parly Iri- Policy of New Havipshire. 3 umphed, but by a very small majority ; but the next year restored the Republican party to power; and Nahuni Parker having re- signed his seat in the Senate, Charles Cutts, a Republican, was chosen in his place. Of the {w^ nieniliers chosen to Congress in the autumn of 1810, four were Republicans. Thus it was evident that in New Hampshire parties were pretty equally divided, and neither could afford to be careless or indolent. Each was obliged to select good candidates, and to work hard in their behalf. The result being doubtful, elections were watched with lively interest, and the full strength of each party was brought out. But of wealth, influence, social position, and education the Federal party had a larger share than its rival. The clergy had more power over public opinion then than now, and the clergymen of New Hampshire, as of all New England, were generally Feder- alists, not only disliking the politics of Jeficrson, but hating him personally, on account of his heterodoxy in religion, with all the rancor of theological hatred. The State election of 181 1 was favorable to the Republicans, as was that of 181 2 ; but the latter after a close contest, and by a very small majority. War against Great Britain was declared in 1812, and this too was the year for the choice of presidential electors. The autumn election for national oiificers was from these causes contested with peculiar earnestness. Each party put forth all its strength, and after a hot conflict the Federal party prevailed, choosing the elec- tors of president and the members for the Thirteenth Congress. Among these latter was Mr. Webster, who had become widely and favorably known by " The Rockingham Memorial," in opposition to the war, published in August, 1812.^ ' 1 Mr. George Barstow, in his History of Kcui Hampshire; published in 1842, with a strong Repub- lican bias, attributes the success of the Federalists in the elections after the war had begun, to the fact that so many Republicans were away from home, serving in the army or navy. See Barstow's History of AVw Hampshire, p. 363. This may be true in part, but much was also due to the influ- ence of the embargo and non-intercourse acts of the administration of Jefferson and Madison, which bore hard upon the maritime population of New England, and threw many out of employ- ment. A man can hardly be expected to vote for a party which takes the bread out of his mouth. ClIAI'TKR III. 54 Memoir of yeremiah Mason. Ci(.\rrKR III. The spring election of 1813 for State officers was contested with great earnestness, for the Legislature to be chosen would be called upon to elect a United States Senator in the place of Mr. Cutts, whose term of service expired. The I-'ederal party carried the State, and of course a Federal Legislature was chosen, and the election of a Federal Senator was secured. The first choice of the Legislature fell upon Dr. John Goddard, a merchant of Portsmouth, originally a physician, a man of ability and high character; but having no taste for public life, he declined the honor. This incident curiously illustrates the difference be- tween tliat time and tlie present. It is doubtless possible to-day to find men to whom so brilliant a position as a seat in the United States Senate presents no attractions, but it may be pronounced a moral impossibility that a man should be chosen to the Senate with- out its previously being known whether he would accept the trust' The Legislature next made choice of Mr. Mason. He has left nothing on record upon the subject, but we presume that in accept- ing the trust he acted from a sense of duty, feeling that the ofiice was neither to be sought nor declined. He was no politician, in the ordinary acceptation of the term, and no aspirant for political distinction ; but he took a keen interest in public affairs, and was a patriot in the best sense of the word. He was a strong Federal- ist, alike from conviction and feeling. He had the highest rever- ence for the character and principles of Washington, and an equal gratitude for the inestimable services he had rendered to the coun- try. His political opinions, though never obtruded, were always ex- pressed, when the occasion required it, with a frankness and fullness which left no doubt in the hearer's mind as to his position and views. In selecting Mr. Mason, the Legislature of New Hampshire acted wisely. In general ability he had no equal in the State, except Mr. 1 Since writing the above I have been told tliat some at least of those who voted for Dr. Goddard knew that he would not accept, and th.at his election was a feint to secure that of Mr. Mason. There were political managers and wire pullers in those days as there arc now. Dr. Goddard h.id been a le.iding Republican, but being an opponent of the war he had joined the Federalists, or at least acted with ihem. Election to the Senate. Webster, who, as before stated, was already a member of the House of Representatives by popular election. Mr. Mason was also from his judgment and prudence peculiarly fitted for public office in times when party spirit ran high, as it did then. There was nothing impas- sioned in his temperament or fanatical in his understanding. Mis mind was judicial in its tone, and he had no taste for extreme prop- ositions or extreme measures. His self-control was perfect, and he was not one of those unlucky speakers who say things in haste and repent of them at leisure. There were some Federalists in New England whose vehement opposition to the war carried them be- yond the bounds alike of prudence and patriotism, but Mr. Mason was not one of these; nor was his friend Mr. Webster. Their course illustrated the proper functions of an ojjposition in time of war, under a constitutional government. The Thirteenth Congress, in conformity with a law passed at the previous session, assembled on the 24th of May, 181 3. Mr. Gilman and Mr. Cutts ap'peared as Senators from New Hampshire, the latter, whose term of service had expired on the 4th of March, having been appointed by the Governor of New Hampshire to fill the seat until a choice by the Legislature. Mr. Mason was elected on the loth of June, and immediately set out for Washington. Two of his letters to his wife, written on the road, will enable the reader to measure the delays and discomforts of travelling in those days. JEREMIAH MASON TO MRS. MASON. Hartford, Sunday Afternoon, yune 13, 1S13. My dear Mary, — I have got on thus far prosperously, though with considerable fatigue. I suppose Mr. Fales told you that at North Hampton, I hired an honest sea-captain to give me his seat in the stage, and to accept for himself a seat with the coachman. We arrived at Boston about ten o'clock. On inquiry at the stage house, respecting the stages which were to start for the South next morning, I could get no information. No stages started from tliat 55 ClIAl'TIiR III. 56 Mei7ioir of Jeremiah Maso7i. Chapter III. house for the South. The bar-tender, who was half asleep, told me of three houses — from one of which he said the Southern stage would start the next morning. I tried to make him go and inquire for me, but this he flatly refused. I went myself and at the first house, after knocking at the door at least five minutes, was told from a window in the third story that I was at the wrong house. I then went a considerable distance to the next house 1 was directed to, and after a long knocking, got in and was told I might have a seat in the mail stage, if I would l^e there exactly at four o'clock — that I could have no bed, but might lie on the iloor if I pleased. Not liking that, I went back to the first stage house, and there pro- cured a bed about as wide as I am, but not much more than half as long. There were four more in the same small chamber, with a lusty snorer in each. Having bribed the bar-tender to call me be- fore the appointed time, and extended my bed with the addition of a chair 1 took possession of it a little after two o'clock. I was about getting asleep, when I was called up, and after waiting in the street nearly an hour, got into the stage and arrived at Springfield, a little after one o'clock last night. There I stopped and went to bed. The stage went on and will make no stop till it arrives at New York. This forenoon I came in a chaise from Springfield to this place. To-morrow morning at four o'clock, I shall set out in a new line of stasfes which runs from here to Mount Pleasant on the Hudson River thirty miles above New York. From INIount Pleasant I shall go down to New York in a packet-boat. This is better than the usual route, in which I should have to ride all one night, or again leave the stage and get on by a private conveyance. How I shall go on from New York I have not determined, but I think I shall take the steamboat to Brunswick. This much for the begin- ning of the journey of honor. Though somewhat tried, my consti- tution seems to bear it pretty well. I have as yet experienced no trouble, except what arises from my own petulance, which is some- what subject to be excited by the unlucky incidents of rapid travel- ling. Yours affectionatelv. Jkremiah Mason. younicy to Washington. JI'.Rl-.MlAir MASON TO MRS. MASON. Bai.timork, Satuiuhry, i<.)f/i jfiinc, i, 1814. My dear Wife, — Day before yesterday two very good letters from George and Mary came to hand. George says you had received no letter from me for six days, and that you were anxious about the cause. I think there must have been some irregularity in the mail, for I am confident I have not omitted to write so lonjr a time. If, however, by any accident I should omit writing longer than usual, you ought not to impute it to any serious cause. Should anything ill happen to me, be assured I should write immediately. I am ClIAI'TER III. I02 Memoir of ycrcuiiah AIaso7i. CHAri'ER III. sometimes more tlian ordinarily occupied a few days. This, liow- ever, never keeps you many hours out of my mind, and I will en- deavor it shall never for many days prevent my writing to you. I wish you to write as often as your convenience will permit, and have the children write as often as they are willing. Their letters have become amusing to me. I want to hear from you in some way three or four times a week. A report prevails that the British are again proceeding up the Chesapeake towards Baltimore. I place little reliance on the report, as similar ones have often proved un- true. Should Baltimore be again attacked, we shall probably go to Philadelphia. Were that the only consequence I should not regret their visit. Congress begins to be seriously engaged in the business of laying taxes, and providing for recruiting the army. The dom- inant party are very fearful for their popularity on both subjects. Inform me what is said about the Convention at Hartford. Affectionately yours, J. Mason. JIlKI'-MIAH mason to MRS. MASON. Washington, Nnvmlur 12, 1814. Mv DEAR Wife, — Contrary to my intention, I was the day before yesterday involved in a pretty arduous debate on a bill in relation to the army, which incidentally involved the subject of conscription. I (rot through I believe tolerably well, in the opinion of my friends. I am now pressed to write off my speech for printing, with which I am rather inclined to think I shall comply.' I dislike the labor and have not vanity enough to believe it will do me much credit. I am ' The speech to which Mr. Mason here alluded, was delivered in the Seiialc, Wednesday, Novem- ber 10, 1814, upon a bill in several sections, to authorize the President of the United States to call upon the several States and territories thereof, for their respective quotas of thousand militia, for the defense of the frontiers of the United States, and is reported in xho Annals of Cotigrtss for the Third Session of the Thirteenth Congress, p. 77. It is an able and rather elaborate speech, point- ing out with much force the Constitutional objections to the measure, and its dangerous tendeinies. After much discussion, and many amendments in both Houses, the bill was finally indelinilely post- poned in the Senate. See Ilildreth's History of the United States, vol. iii. (Second Series), pp. 539- 541 ; Curtis's Life of IVebster, vol. i. p. 139. speech on Conscription. told, as is usual in all such cases, it will do good to the public. I trust I have patriotism sufficient to overcome my indolence. I am, however, not fully convinced by this argument addressed to my van- ity. It is most probable I shall for some reasons, or without any, go on. If that should happen, you will not have the labor or amusement, whichever it may be, of reading it very soon. It will take all my leisure for several days to do my part, and several days more to do the printing. So you need not fear seeing it probably within ten days or a fortnight after you receive this. And you must not be disappointed if you do not see it at all. This story is for yourself only Sincerely yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, Novcmhr 17, 1814. My dear Wife, — .... In my last I believe I told you some- thing about a speech I had made and was requested to publish. I have made some progress in writing it out. I am, however, not entirely determined to publish it. If published it will not appear within a week or ten days from this time. In consequence of cer- tain comments made on a few observations I have made, I was obliged to make the speech. I had a pretty large audience, consist- ing of many of the House of Representatives. The speech by my friends was better received than I had expected. I have not much leisure to write it out, as I must at present attend in the Senate each day. Give my love to the children. Sincerely yours, J. Mason. JEREMIAH mason TO MRS. MASON. Senate Chamber, November 20, 1814. My DEAR Wife, — The same mail which will bring this, will also bring you the speech which I have mentioned. Being desirous of 103 Ch.m'tf.r hi. I04 Mevwir of ycremiah Mason. CiiAPTEK III. knowing the just merits of this speech aforesaid, and concluding you must be a perfectly impartial judge, I wish for yonr ca7idid Judg- ment on this subject. The speech, when made, was pretty well re- ceived. What its fate will be with the public, I know not, I cannot say, care not. The subject is important enough to e.xcite interest. I have no doubt the subject of conscription will undergo, both here and among the people, ample discussion. Mr. Gore has just deliv- ered a very eloquent speech on this subject, in a bill introduced since the one I attempted to discuss. Mr. Giles is now answering il. The children, in their letters received since yours, say nothing about the fever. I hope it does not prevail. Sincerely yours, etc., J. Mason. JEKK.MIAIl MASUN TO THE REV. JESSE APrEETON, D. D. Washington, November 24, 18 14. My dear Sir, — I intended before this time to have answered your letter of 21st October, but the truth is, that on the subjects you mention, as on most others of a political nature, my mind has been in such a state of doubt that 1 have not known what to say nor sometimes what to do on subjects where I was obliged to act. The government in all its departments is in great confusion, and there are alarming indications of approaching dissolution. The immediate cause of the most pressing distress is the deficiency in the Treasury and the almost total loss of public credit. The gov- ernment are unable to pay the most urgent demands. They can borrow money on no terms but such as would ruin their credit irre- trievably. The last loan in September for two and a half millions cost §170 in stock for $100 cash. The nominal terms were $100 stock for $80 cash. But the previous loan for near ten millions was made at $100 for $88 cash, with the condition that if any future loan under same act should be made on terms more favorable to the lenders, that loan should be entitled to same terms. This last loan consequently entitled the first lenders to the difference of eight per Neo;ofiafions at Ghciil. cent, on ten millions, which brings the expense of that loan to the rate mentioned. This is sufficient evidence of the miserable con- dition of public credit. It is feared the proposed terms cannot be obtained in seascMi to bring relief The project for a bank of jxiper stock to issue j^iapcr without the means of redeeming it on examination, begins to appear to those who at first were disposed to favor it to be too idle to ex- pect anything permanently good from it. Should it be adopted, of which I have great doubt, the relief if any, would be short lived. After letting out a flood of paper money, it would probably fail and destroy all possibility of retrieving public credit lor a long time. Our best people here do not think very favorably of the terms proposed by the British to our envoys at Ghent. The claims with- out modification were, I think, inadmissible, and the manner in which they were urged extremely offensive. The line of the Gren- ville Treaty of which you inquire begins at the mouth of the Cuya- hoga River (entering into Lake Erie), and runs southerly about half way to the Ohio and then westerly to the v/est line of the State of Ohio, and then again southerly to the Ohio River, and would take away from us about one third of the State of Ohio and all the terri- itories of Michigan, Illinois, and Indiana, and all north of those ter- ritories. You may find the treaty in the Appendix to the second volume of the United States Laws. The inhabitants beyond those limits amount to perhaps fifty or sixty thousand. The sine qua iion now, however, did not fix on this line but left it for discussion. There is considerable reason to believe the discussions between the envoys did not break off immediately after the dispatches were sent. I think it probable our envoys still remain at Ghent. We have no knowledge that government has heard anything from them since the dispatches which were published. It is probable that the note which they say they were to send to the British envoys contained a long and full statement of our injuries and the supposed impossibility of acceding to the terms proposed, and that this was sent to the British Government, and that the envoys waited for an 14 105 ClIArXER III, io6 CllAnKK 111. Memoir of yerciiiiaJi Alason. answer, ll is possible the answer may have been such as to justify the continuing the negotiation, and that peace may be the result. This, however, I do not think probable. If the war goes on the States will be left in a great degree to take care of themselves. What this will end in it is impossible to fore- see. This is the cause from which, in my opinion, a dissolution of the Union is to be apprehended. If tlie people discover the Gen- eral Government is unable or unwilling to defend them, they will soon withdraw all support from it, and look for relief to their State governments. If compelled to tax themselves to support their mili- tia and State troops, they will not at the same time pay heavy ta.xes to the United States. I have no satisfactory information of the views and intentions of the individuals who are to compose the Hartford Convention. I do not expect much from it at present, whatever may be the wishes or intentions of those gentlemen. I expect it will end in a strong dec- laration of injuries and a recommendation of moderate measures, unless certain army bills now before Congress should create great excitement in New England. Some of these bills adopt, to a considerable extent, the principle of Colonel Monroe's report, recommending a conscription for the army. It is said the .Southern States, especially Virginia, will bear them quiedy. 1 think New England will nut. It is not yet certain any of these bills will pass. The Senate have passed two and sent them to the House of Representatives. The first which authorizes enlisting minors, I suppose will be borne with a good deal of grum- bling. The other, which directs the classing of the militia for the purpose of making forcible drafts of men to serve for two years, I think will not be borne in New England at all. No forcible resist- ance, however, will be necessary to defeat it. Without the aid of the State governments it cannot be executed. The House of Rep- resentatives have before them a bill of much more obnoxious char- acter. On the introduction into the Senate of the first of these bills, DeafJi of Mr. Gerry. without intending it at the time, I was reduced to the necessity of entering into an examination of the Secretary's doctrine, which does not apply so much to that hill as to the others. On the report's being mentioned with approbation 1 condemned it in pretty strong terms This produced the next day a formal argument in defense of it which obliged me to reply somewhat at large. I sent you by the last mail in a newspaper the substance of my argument. Like an occasional sermon it was published at the request of sovic of the hearers, and as I have heard you say, is your course with them, you are not obliged to read it because it has been sent to you. Yesterday Gerry died very suddenly. He had travelled from Bos- ton to this place in five days, which was enough to kill a younger and stouter man. During this session he had conducted in his place in the Senate much better than usual. I had last winter a little misunderstanding with him, which by taking some trirtino- pains I had just got settled and I hope forgotten before he died. His funeral has been attended with all due ceremony to-day. The Pres- ident is often subject to bad health, and is now sick though not dan- gerously. This gives considerable importance to this election. The I'cderalists and a few others will vote for Mr. King.^ Two on our side, one from Delaware and one from North Carolina, are absent; were they present I think we might probably elect him. As it is, I do not expect it. To-day the administration party think of choosing Mr. Taylor, of South Carolina. They are not, however, very well agreed. Their chief reason for setting him up is to pre- vent his voting for Mr. King, which it is said he was inclined to do. I think it probable enough they will change to another. Please to present my affectionate respects to Mrs. Appleton. I am, sincerely yours, J. Mason. ' For the place of President of" the Sen.ite vacated by the death of Vice President Ger ry- 107 ciiAiTi.R 11 r. io8 Memoir of yereviiak Mason. Chapter III. JKKEMIAII MASON TO MRS. MASON. Washington, December 4, 18 14. Mv DEAR \\'ii-E, — .... I live a hermit's life here, though not strictly confined to a hermit's fare. I am in company very little. I have few invitations, ant! those I mostly decline. The truth is, the inhabitants here, with few exceptions, are good for nothing. I am much more entrasjed in business than I was last winter. The Con- gress library having been burnt, I have not access to any good library of books. I read, however, considerably. I am in my cham- ber alone a great portion of the time, when out of the Senate, and often feel solitary. I take less interest in the people here than I did last winter. I suppose the chief reason is that all the novelty is gone. I wish in my soul I could leave them and come home. I very often, when thinking of you and tlic children, doubt the sound- ness of the reasons which induced me to come here. I do not think I shall do either myself or the public much good by coming here. I am certain I should be much happier at home. I do not know that my ambitious feelings, of which I suppose I have a portion in com- mon with other folks, have been disappointed. But I do not think the gratification of them by any means sufficient to compensate for the loss of domestic enjoyment. Be sure, my dear Mary, that is the great source of all enjoyment in this world. There everything inter- ests, in other situations too often nothing. I here enjoy the society of some of the best, and I think greatest, men of the nation, who seem to be disposed to treat me with kindness. This is the chief consolation and j^leasure of my situation. I have written to your father and little Jane. There is a Mr. Comstock, from the State of New York, in the House of Representatives, who introduced him- self to me and told me he was a cousin of yours. He is a sad Dem- ocrat, otherwise a pretty decent man. Do you know anything about him } Affectionately yours, J. Mason. Discussions on a National Bank. JEREMIAH MASON TO MKS. MASON. \Va.shin(;ton, Deccmlvr ii, 1S14. My dear Wife, — The last letter I have of yours is of the 30th November, containing your wQvy ccmcisc criticism on my speech. As it is as favorable to the author as it is concise, I shall find no fault with it. The subject is, in my opinion, of great importance. As it pleases you, and I hope will not displease the few of my friends who will read it, I may expect to escape without much cause of repent- ance. The debates are still continued on the same subject in the House of Representatives with vehement animation. Webster, a few days ago, made a very splendid speech on the subject, which will be published. I expect the principle will be adopted, in a small degree, in the House of Representatives. We have had an inter- estine discussion on a bill to establish a national bank, in which I took a part. Being of the committee which originated the bill, and being opposed to it, I could not well avoid taking a share in the debate, had I been so inclined. Indeed, I felt no inclination to avoid it. If I ever get time to write it, and the newspapers should not be too full of Congress speeches, I may possibly publish it. On that occasion, Mr. King (of the Senate) spoke in his best manner and greatest power. He is the most eloquent man I ever heard. I feel considerably anxious about your health. I wish you to write me e.xactly how you are. If necessary, I will make arrangements to come home the latter part of the winter. Tell me what you wish on that subject without any reserve. Should the situation of things here be such as to make my tarrying of much importance, I shall not come, unless your health is poorer than usual, under similar circumstances, if you do not especially wish it. Write me frankly your wishes on this subject. I can come if necessary, and if you think it necessary, I will come. There is no use in telling how much I should prefer coming home to staying here. My inclinations alone must not govern. When will your mother come to tarry with you .^ I received Mary's letter of the 3d December. By her account 109 CiiAi-ri-.K III. I lO Mevioir of ycreiuiah Mason. Chapter III. you liad rather a solitary Thanksgiving. I think you had best not live too solitary. I fear you will permit your spirits to become de- pressed ; nothing can be worse for your health. I think there is more danger from depression of spirits than is generally supposed. A cheerful mind is a great protection for health of body. I am also of opinion that our feelings may, by proper pains and management, be kept, in a great degree, under our own control. 1 think 1 liave that control over my feelings, to a con.siderable degree, and I am certain they are not of the most manageable sort Affectionately yours, J. Mason. JKKKMIAH MASON TO MRS. MASON. Washington, Daetnber i8, 1814. Mv DKAR Wife, — I have received your letter of 9th December, for which 1 thank you. You need not fear that the length of your letters will tire me. If my letters, often filled with matters in which you take little interest, are still gratifying to you, what must yours be to me, which are always on subjects of the deepest interest. You cannot well conceive the degree of interest I take in everything hap- pening at home. The stories told in the letters of the children not only amuse but interest me. I become more dissatisfied with my situation here. It is mucli more disagreeable tiian it was the last winter. The society and amusements are, perhaps, nearly the same, but I have less to do with them. I am more disgusted with them than I then was. E.xcept a few belonging to Congress, I neither see nor want to see anybody The prospect of public affairs is most unpromising, and I see little probability of its altering for the better. This necessarily embitters all my reflections, and de- stroys most of the pleasures I might otherwise enjoy. I most sincerely wish I was fairly rid of my present situation and restored to quiet and domestic enjoyments. I know not why I have given you the above sad story, which can do you no good. But remem- ber, it is only for yourself. You inquire concerning Mrs. Lear, Importance of Religion to Women. whom I have not seen since I came here. Colonel Lear, about three weeks ago, called on me. Two or three days ago I went to return the aforesaid visit in due form, and finding both the Colonel and his lady absent, paid it in pasteboard, which will i)robably be the amount of our intercourse this season. Should I by chance see Mrs. Lear, of whom I think very favorably, I will certainly remem- ber your message to her. If I have time I shall write to the chil- dren, if not, give my lox-e to them. Sincerely yours, J. Mason. P. S. — Tell Mary 1 will write to her soon. Kiss little Robert and James for me. JKRE.MIAIl MASON TO MISS MARY E. MASON. Washington, Dnri/i/icr 20, r8i4. My dear Mary, — T received your letter dated nth of Decem- ber, yesterday. 1 am pleased with your account of the manner in which you and the other children employ your Sundays. By a proper employment of it no day of the week can be so pleasant or so useful. The duties of relia;ion should never be foreottcn. The observance of them is as necessary to secure happiness in this world as in the ne.xt. True piety tempers and regulates all the minor virtues. It is the best security against violence of passion and irregularity of conduct. It softens the heart and regulates the affections. A man without religion is never to be much relied on. But an impious woman is a dangerous monster always to be shunned and avoided. Infidelity and irreligion are absolutely in- consistent with the delicacy of the female character. If then, my dear daughter, you wish to be respected and esteemed in this world, or happy in a future, cultivate sentiments of piety and religion. Let such sentiments become habitual, and they will be your best protec- tion against misfortune and greatest security for happiness. Your affectionate father, J. Mason. I I I ciiAi'Ti-.R in. I I Memoir of yeremiah Mason. JEREMIAH MASON TU MRS. MASON. ] AVashington, Z>!Y£rw^<-/- 2 2, 1 8 14. chaiter III. I Mv DEAR WiKE, — When I last wrote you, I happened to be in a train of sombre reflections, some of which, after I had sent the letter, 1 recollected I had imparted to you. and was sorry for it. I do not permit myself often to indulge such reflections, and less often impart them to others, as it can do no good. My health is entirely good, and my spirits tolerable. The public concerns are, to be sure, very gloomy, but I do not suppose my being sad would mend them. I do not intend to place on my shoulders unneces- sarily any part of the national misfortunes. My own share I will bear as I can, and do what I can to lessen the whole. Affectionately yours, J. Mason. JEREMIAH mason to MRS. MASON. \V.\sHiNGTON, Deccniher 27, 18 14. My DEAR Wife, — I have received to-day your letter of the 21st, in which you say you had received no letter from me later than the 6th of December. There must have been great delay or irregular- ity in the mail, for I have never, I think, omitted writing more than three or four days. You mentioned the children have colds. 1 hope it is nothing more than common colds, which will pass off. I enjoy my health better than usual. I have felt nothing of the rheumatism, nor any other complaint, but the influenza, which was not severe, and lasted but a few days. My employment, though not very pleas- ant, is quite regular. I am, of course, constantly, or nearly so, in the Senate during its sessions, which are from eleven o'clock in the mornin"- to three or four in the afternoon, and sometimes later, un- less when want of business permits an earlier adjournment, which is not often. We dine by candle-light a considerable portion of the time. The evenings and mornings I generally spend in my own New Years Presents. chamber. I have not dined out of my own lodgings more than three or four times, so that I am in no danger of injuring my health from that kind of dissipation. I am, liouever, in no want of com. pany. The mess (as it is here called) with which I dine, consists of eight or ten gentlemen, mostly well informed, pleasant, and agree- able. The manner and style of boarding-house living, I do not much like. If I can I shall come home before the end of the ses- sion. Should it be necessary on account of your health, 1 will come at all events. I wish you therefore (as I have heretofore), to write me how you arc, and what your wishes are on this particular. The belief that an attack has been made on New Orleans, creates much apjn-chension Faithfully yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, yanuary i, 1815. My dear Mary, — I wish you a happy New Year. May this and many succeeding years witness our prosperity and happiness. I have purchased some small books for New Year's presents to the children, some in French for George and Mary, which I hope will be u.seful to them. They are too large for my frank, and 1 do not know how I shall send them without too much expense. I shall also send one to Jane. I am glad our Amherst friends are with you. I know you wi'U highly enjoy their visit. Should any of them be with you when you receive this, give my best respects to them. The weather here is remarkably fine, and has been so for some time. To-day is like our weather in the latter part of Octo- ber. I shall go to church in the afternoon. As you took so much interest in the subject of conscription, I suppose it must give you consolation to know that Mr. Giles' principal bill to enforce it, has finally failed in the Senate. I do not think it will be again revived this session. The Mammoth Bank is the subject of chief interest here now. It has been for a long time, and is still held under 15 113 Cir.'ilTKR III. 1 14 Memoir of yercfniah Mason. CllM-ltK 111 debate in the House of Representatives. There is a probability it will undergo general changes. If I do not write to the children, give my love to them. Sincerely yours, J. .Mason. JliUEMl.MI M.\SON TO MRS. MASON. Washington, yauuary 15, 181 5. Mv DEAR WiKE, — . ... I want much to set out for home the fore part of the next month. Affairs here are however in such a condition, that I cannot determine on it at this time. Appearances at present indicate that the remainder of the session will be very busy and important. If you are very desirous on account of your own situation, that I should come home, I wish you (as I have be- fore written you) freely to express your wishes. I do not think I ought to sacrifice my own happiness and also that of those most dear to me, to an idea of public duty. I do not e.xpect my pres- ence here will be of much importance. Yet I do not incline to be absent, without a pretty satisfactory excuse, as possibly an occasion might occur where my vote would be material. When will your mother come to tarry with you ? Do not have her delay coming for want of a convenient opportunity, but send for her when she will be ready to come. If not convenient for Mr. Fales to go, send our horse and sleigh, or one from the livery stable, with a good coachman. Mr. A. Ladd called on me this morning, and for an hour or two answered all my numerous inquiries about Portsmouth. I did not get much news from him however. Except the business of privateering, the people there are doing little, by his account, and I suppose thinking less. The Bank Bill, which has so long been a standing dish here, has again got into the Senate for discus- sion, on the amendments proposed by the House of Representa- tives. I hope we shall in a few days be rid of it in some way, for I am heartily tired of it. I expect it will finally jjass pretty much as amended by the House of Representatives, which will still leave it Sickness in Virginia. bad enough. No further news is heard from New Orleans. I intend to write to some of the children. To the others give my love. Most sincerely yours, J. Mason, P. S. — I send you a speech of Mr. Cjore. It is very incorrectly printed. JEREMIAH MASON TO MRS. MASdN. Washington, 'Janiiary 29, 18 15. My dear Wife, — Your letter of the 22d instant gives me much satisfaction. I know you have exerted much resolution in recon- ciling yourself to the idea of my being absent till after the end of the session. I duly appreciate your conduct in this particular. My being at home on the occasion alluded to might be of no great importance, except the satisfaction I know it would afford you. I expected to have been able by this time to say with certainty whether I could come or not. I cannot, however, at present well make the determination. I have some faint hopes of being able to set out before the end of the session, without material inconven- ience. As I have before told you, this still remains uncertain. The question of the Bank is expected to be brought forward again in a new shape, and some other matters of equal importance. Mr. Webster now intends to set out in about a week. The House of Representatives is so numerous, he says he can go and not be missed. He wants to attend the Superior Court. I doubt whether he will go at that time. If he should I should be most unwilling to tarry behind, but fear I shall be obliged to. Depend upon it I will come if I think it justifiable. My inclinations lead me so strongly to that course, that I almost fear to trust my own judgment to deter- mine. I know if I apply to others they will advise me to stay. I am entirely well, and you need fear nothing on account of the news- paper reports of the sickness in Virginia. As usual, the statement has been exafrq-erated. The sickness in Alexandria has abated. I doubt whether any cases of that disorder have ever been nearer ITS Chai'ikk III. ii6 Memoir of Jeremiah Ala son. Chai'ter III. this place. 1 had accepted an in\'itation to dine to-day at Alexan- dria with a Mr. Swan. I did not go, but not througii any appre- hension of the sickness there. The day has been extremely cold, and I thought a ride home this evening would be too dear a price for a dinner. The weather for several days has been colder than is often experienced liere. It equals our cold winter weather. The Potomac is frozen so that it is passed on the ice. News has arrived this evening, that the British have been partially defeated at New Orleans. Strong hopes are entertained for the safety of that place. I think, however, the result is still very doubtful I am most affectionately yours, J. Mason. JKREMIAH MASON TO MRS. MASON. Washington, February 5, 181 5. My dear Wife, — By the last mail I received your letter of 29th January, and am gratified with knowing you are well, and that you expect your mother soon to be with you. You can scarcely con- ceive my ardent desire to leave this disgusting place and return to you. I have for a considerable time entertained a secret hope that about this time I should be able to set out for home. I think it probable that Mr. Webster will .set out in the course of this week, but I despair of being able to accompany him. Another vexatious Bank Bill will be introduced into the Senate to-morrow, which will be debated for a considerable time. I e.xpect it will pass in the end, but the votes on that subject in the Senate have on several occasions been so equally balanced, tliat I dare not absent myself till it is over. And even then several subjects are expected which are deemed of much importance. Those in whom I place most confidence, to whom I have spoken of my intention of going away before the end of the session, decidedly dissuade me from it. This I expected, and of course shall not be greatly influenced by it. But I really fear that I shall be obliged to tarry. I have no doubt you have entertained expectations of my return, though I have given Fever at Alexandria. you little encouragement. I feel a strong inclination to be with you on my own account, and a still stronger on yours. If I could have set out at this time, I intended to have seen my friends in Connecticut on my way. But if I am delayed till the end of the session, as I expect to be, I shall come directly home. I fear you will think I do wrong, notwithstanding what you have written, if I omit coming home till the session ends. To the protection of a kind Providence I commit you, with earnest prayers for your safety. The fever at Alexandria has subsided. This place is as healthy as usual. I am entirely well, which you may always know unless I mention the contrary. Affectionately yours, J. Mason. JEREMIAH MASON TO MISS MARY E. MASON. Washington, February 5, 18 15. My dear Mary, — I believe I owe you two or three letters. I have been much engaged for some time, which must be my apology. I look forward with great pleasure to the time I shall come home and see you all. In the midst of company I often fee! solitary be- cause I am so far from those I best love. I hope it is wholly unnec- essary for me to request you to be particularly attentive to all the wishes of your dear mother. Your own feelings will prompt you to pay her every dutiful attention in your power. A good and affec- tionate child will always find in the mere performance of these du- ties a sufficient reward. What can afford you more satisfaction than to know that you contribute to the happiness of a mother who is entitled to and enjoys your warmest affections. I am pleased by learning you get on so well in your studies. I fear however you are too soon through your geography. It is a very useful study. When I come home I shall examine you and see whether you know everything about all the countries in the world. I expect you will have to resume that study again. Your affectionate father, J. Mason. 117 ClIAl'lKK TTI. ii8 Memoir of Jeremiah Mason. CllAPTEK III. JKRF.MIAII MASON TO MRS. MASON. Washington, y^dM/(7r>' ii, 1815. My dear Wife, — News has this moment arrived, that the en- emy, soon after their late defeat at New Orleans, reembarked and have left that part of the country. Their loss is said to be between three and four thousand men, including Generals Packenham, Gibbs, and Kean, badly wounded. Our loss only one hundred and thirty-six. This important event has caused great exultation here, as it will through the United States. Affectionately yours, J, M.\son. JEREMIAH .MASON TO .MRS. MASON. Washington, February 14, 1815. My DEAR WiKE, — .... We have just received the news of a treaty of peace from an arrival at New York. You will have heard of it before you receive this. No official information is yet received, but there is supposed to exist no doubt of the fact. Everybody here is extremely elated with joy. If the terms of the treaty are tolerable, it is a most fortunate event for the country. We expect to receive it to-morrow. If it is ratified, it will give a new turn to all our business here. It will, however, rather increase than lessen the quantity for the small remainder of this session. The business, however, can in no change, be of so unpleasant a nature as it has been. The Bank Bill is postponed in the House of Representa- tives, to await the event of the truth of this report. I expect Mr. Webster will set out for home in two or three days. I cannot express how ardently I wish to accomjiany him, but it cannot be. Give my love to the children. With earnest prayers for your safety, I am Affectionately yours, J. Mason. Treaty of Peace. JKKKMIAII MASON TO MRS. MASON. Washington, Fchniary 17, 18 15. Mv DEAR Wife, — I have your letter mentioning that your mother had arrived, and would remain with you. This gives me much satisfaction. Mr. Webster left this place yesterday. It was not possible for me to accompany him. The sudden arrival of the Treaty of Peace has changed everything. The public business, though different, is not perhaps less urgent or important than if war had continued. The Treaty of Peace will be published in a day or two. I entertain some hopes of being able to set out for home one week from this time. This however is uncertain. At all events I shall set out in a fortnight, which will be the end of the session. Continue to direct to me here till the 28th instant. I will write to you where to direct to me on my way home. Give my re- spects to your mother and to Mr. Fales, and love to the children. Affectionately yours, J. Mason. 119 Ciiai'ii:k III. CllAlTER IV. CHAPTER IV. Letter from Mr. Gore. — Letter from Mr. King. — Mr. Mnson's Congressional Life till the Close of the Fourteenth Congress. — Domestic Correspondence. — Cor- respondence with Dr. Appleton, Mr. King, and Mr. Gore. — Mr. Mason declines the Office of Chief Justice of the Superior Court of New Hampshire. WHILE at home, after the close of the Thirteenth Congress, Mr. Mason received a letter from Mr. Gore, and also one from Mr. Kins:, both of which are liere given, alike from the in- trinsic interest and as showing the friendly relations between these eminent men and their corresiDondent. CHRISTOPHER GORE TO JEREMIAH MASON. W.ALTii.AM, t6//; August, 1815. My DEAR Sir, — . ... I have always thought Dallas extremely culpable in the course he has pursued in relation to the payment of the public revenue. If, instead of autliorizing its discharge in paper of less value than specie, he had directed that nothing should be re- ceived as compensation of the duties but specie or treasury notes, it is almost certain he would have compelled all the banks to have paid specie, or to have seen their paper so disgraced as to become of no value. His treasury notes and the funded stock would in all probability have been nearly at par by this day. I can perceive no honorable and wise motives for taking depreciated paper for duties, and I am yet to learn where he obtained authority to receive less than money for the public revenue except in treasury notes. Dallas Paper Bank. I cannot refrain from thinking that notwithstanding all the weak and wicked management of onr jjublic stewards the stocks of the United States will appreciate. The revenue will be productive, and I think abundant to the reestablishment of public credit. United States stocks have risen in value, whether owing id any cause that is like to have a permanent influence, I cannot say. Our Bos- ton banks, from all that I learn, will continue to pay specie; they are satisfied that their course has been and is correct, and that eventu- ally they shall derive advantage from having adopted and persisted in their present system. The end of the war, on the continent of Europe, will be attended with a depression of the price of specie in Eng'.and, and of course that drain for our specie will be stopped. I have theretbre thought that temptations to our people to adopt the conduct of the Southern banks, will be diminished, and motives to such of these as are solid to resume the payment of specie be in- creased ; but however they may be influenced as to a return to specie payment, I perceive no reason to doubt that the Boston banks will persevere in their conduct. I cannot even conjecture what will be Dallas' plan as to a paper bank the ne.xt session, but I do flatter myself that under the auspi- cious circumstances which seem to e.xist both here and in Europe, we may indulge in expectation that the great mass of the commu- nity and a majority of Congress will return to those safe maxims which reestablished the credit of the United States in Washington's administration and preserved it so manifestly to the advantage of the whole and every part of the Union even during the reifm of philosophical democracy. Should this be the case, I think we may not only put down the schemes of this mountebank but probably erect a fair and solid institution for the nation which will necessarily crush all these issues of irredeemable paper. Farewell, my dear friend. Instead of ridiculing the brevity, I fear you will complain of the tedious length of my epistles. Yours faithfully and affectionately, C. Gore. i6 121 ClIAl'lF.R IV. 12 2 Memoir of ycreniiaJi Mason. Chapter IV. KUFUS KI\r, TO JEREMIAH MASON. Jamaica, L. I., Am'ember 22, 18 15. Dear Sir, — I last evening received your letter of the 12th. I have some acquaintance with the condition and views of the banks in our city, and though I have no particular information concerning the banks southward of us, my apprehensions are much the same as respects them all. Mr. Burke has remarked, that all men possess- ing unlimited and discretionary power, tending to their own advan- tage, abuse it ; and we are not to expect a miraculous interposition to alter the laws of nature. To be sure there has been a commendable moderation, which would have been more considerable, in the administration of our city banks, if they had unitedly rejected the projects of Dallas. In Pennsylvania, Maryland, and the District of Columbia, the banks seem to have imposed no restraints on themselves ; their issues have been excessive, and their profits indispose them to resume a better course. By an agreement between our city banks, they are pledged to each other, and to the public, that their debts should not exceed their respective capitals and sixty per. cent addition ; that such of them as owed more than this sum should reduce their debts within that limit, and that the debtor banks should pay to the creditor banks six per cent, interest on their weekly balances. The interest is paid ; but 1 doubt whether the banks, which at their stoppage owed more than the limited ratio, have diminished their debts; and have some reason to believe that the aggregate debt at the forego- ing epoch has been increased, though not exceeding five or six per cent. According to a supplemental and late agreement, the debtor banks are severally pledged to reduce their debts to the creditor banks to $400,000 each, before the first of January. To effect this they must sell funded debt, or treasury notes, exceeding a million and a half of dollars; this would depress the stock market and be Banks and I he Ciiii'cncy attended with loss to the sellers, a circumstance sufficient to deter them from doing it. Some of the banks here desire to return to the old system; others of them do not wish it, even, and 1 think I risk nothing in exjiress- ing an opinion that the paper circulation will be persisted in, if its discontinuance be left to the banks which do not pay their notes in specie. Congress may correct the mischiefs of this state of things by passing laws to establish a bank on the only correct principles, and providing that the revenue shall be receivable only in specie, or the notes of banks which pay their notes in specie. The paper system vanishes. The currency, bad as it is, cannot preserve its present credit ; unless the public have satisfactory evidence of the }Drobable resum'plion of specie payments, it will become worse; and as the States can pass no law protecting the banks against their creditors, the further depreciation of their notes will stop their cir- culation, suits will be instituted against the banks, one decision had, and the bubble bursts. Whether Congress will establish a national bank, on the only sure plan, you are as able as I am to determine; if they do not, I am persuaded that the excessive issues of bank notes must put an end to their circulation. I have no expectation of leaving home for Washington before the 6th or 7th of December. By late accounts from Mr. Gore, I am uncertain whether his health be such as will allow him to under- take the journey. I should like well enough to be present at the discussion of the commercial convention with England. If those who made it, so far as it is made, are gratified, let it become the law. The currency is, in my opinion, the more important subject that will require our at- tention and exertion ; and we shall be there in time to hear, and to be heard concerning it. With very sincere respect and esteem, I am, dear sir, your obedient and faithful Rufus King. I hope you will come on as soon as you can without too great a 12 ClIAPlKK IV. 124 Memoir of ycrnniah Mason. Cii.M-TKR IV. sacrifice ; Washington without the intercourse of one's friends, few as in that scene they necessarily must be, would be insufterable. The first session of the Fourteenth Congress began on tlie 4th day of December, 1815, and closed on the 30th day of April, 1816. In the number of able men it comprised, it has rarely been equalled, and never surpassed in the history of the country. In the Senate, besides Mr. Mason himself, there were his friends, Mr. King, Mr. Gore, and Mr. Daggett. Mr. Campbell, of Tennessee, reap- peared in his old place, having resigned his office of Secretary of the Treasury. Besides these, there were James Barbour, of Virginia, Harper, of Maryland, and Macon, of North Carolina. Conspicuous among the members of the House was William Pinckney, of Maryland, a man of really great powers, in spite of the vanity and affectation with which greatness is not usually attended. Mr. Randolph appeared anew from Virginia, having defeated Mr. Eppes by a small vote, after a hard contest. i\lr. Webster came again from New Hampshire, Mr. Clay from Kentucky, and Mr. Calhoun and Mr. Lowndes from South Carolina. Among other men who made their mark, and are remembered in the history of the country, were Mr. Forsyth and Mr. Wilde, of Georgia, Mr. McLean and General Harrison, of Ohio, Mr. Tyler, of Virginia, Mr. Timothy Pickering, of Massachusetts, Mr. Sergeant and Mr. Hopkinson, of Pennsylvania, Mr. Hanson, of Maryland, and Mr. Gaston, of North Carolina. The Federalists had gained since the date of the previous Con- gress, the Senate standing twenty-two Democrats to fourteen Fed- eralists, and the House a hundred and seventeen Democrats to sixty-five Federalists. Mr. Mason did not take his scat till the 8th day of January, 1816. His brethren showed their estimate of his abilities by placing him upon the most important of their committees, — that upon finance and a uniform national currency ; of which Mr. Campbell, the ad m inistration leader in the Senate, was chairman. The other mem- Bank of the United States. bers were Mr. Chase, of Vermont, Mr. Bibb, of Georgia, and Mr. King, of New York. Mr. Mason was also put upon a coniniittec on providing for the publication of the decisions of the SuiMcme Court, which reported a bill which was passed by the Senate, but was indefinitely postponed in the House. The kindred subjects of finance and the currency engrossed most of the time of both Houses during the first session of the h^our- teenth Congress. The government had a difficult task before it : it was to reform the currency, to repair the waste of the war, and provide the means of paying at once the interest on the national debt, and ultimately discharging the principal ; and to this task it addressed itself with energy, ability, and, all things considered, very fair success. Early in the session Mr. Calhoun introduced into the House of Representatives a bill to incorporate the subscribers to a Bank of the United States. At that time most of the leading statesmen of the country were agreed as to the expediency and constitution- ality of such a measure, but there was much difference of opinion as to the details, a difference arising to some extent from the disor- dered state of the currency. Everywhere except in New England, the banks had ceased to redeem their notes in specie, and thus the country was suffering under the evils of an irredeemable paper currency. When the bill came up from the House, Mr. Mason proposed to amend it by striking out five dollars, the proportion of specie to be paid in at the time of subscription, and inserting ten, and made a short speech in support of his motion, but after some discussion withdrew it, having doubtless ascertained that it could not pass. He also proposed the following proviso to be added to the twelfth rule for the government of the bank : " That all bills or notes so to be issued by said corporation shall be made payable on demand, other than bills or notes for the payment of a sum not less than dollars each, and payable to the order of some person or persons, which bills or notes it shall be lawful for said corporation 12 ClIAI'TKR IV. 126 Memoir of ycrcmiaJi Maso??. ciiAiiER IV. to make payable at any time not exceeding days from the date thereof." After some discussion the amendment was adopted, and the blanks were filled with a hundred dollars and sixty days. Having the strongest dislike of a paper bank, and desirous to impose upon the new institution, by the strongest sanctions, the obligation to redeem its notes in specie, he proposed a further amendment, giving to Congress the power to repeal the act of in- corporation if payment of its notes in gold or silver should be re- fused for such length of time as Congress might deem injurious to the United States; but the amendment was rejected by a vote of seventeen to fourteen. Upon the final passage Mr. Mason voted against the bill, as did his friends Mr. Gore and Mr. King, probably on the same ground that led Mr. Webster to the same course in the House, on account of the participation of the government in its direction and manage- ment. This session of Congress was also memorable for the passage of a tariff act, introduced by Mr. Calhoun, and supported by the lead- ing members from South Carolina, for the avowed purpose of pro- tection to American manufactures. It was finally passed in the Senate by a vote of twenty-five to seven, Mr. Mason being among the minority, doubtless because of the injury the measure would cause to the commercial interests of Portsmouth. He also made a short speech upon an anundmcnt to the Consti- tution proposed by Mr. Varnum, of Massachusetts, requiring repre- sentatives in Congress and electors of the President, to be chosen in separate districts, and not by general ticket. Mr. Mason was inclined to favor the application of the principle to the choice of electors, but was not disposed to interfere with the right of a State to choose representatives by general ticket, if it saw fit. At this session a law was passed, without much discussion or excitement, which gave to members of Congress an annual allow- ance of fifteen hundred dollars instead of six dollars a day during the session. Little did the men who innocently and unthinkingly Couipensation of Mcvibci's of Congress. gave their hand to this measure dream of the wind they were sow- ing, and the whirlwind they were to reap ! To us at the present day this amount, even as money tlien was, does not seem an unrea- sonable compensation for the loss of time, and sacrifice of private interests, which attendance on Congress involved ; but such was not then the temper of the times. For some cause or other, — perhaps on account of the large national debt then hanging over us, — this harmless act gave rise to one of those waves of popular feeling which sometimes sweep over our land like a prairie fire. The spending of the people's money is always an easy theme for cheap rhetoric and virtuous indignation, and the act was furiously assailed in the newspapers and in electioneering speeches. The Federal Legislatures of Massachusetts and Rhode Island protested against it, the former declaring it to be " an innovation upon the custom, and not congenial with the republican principle, of our government," and Democratic Georgia and Kentucky responded in the same strain. Of the members who voted for it many lost their reelection by reason of such vote, and many were re-chosen by only a very close vote. Such was the fright into which Congress was thrown by the angry growls of their constituents, that the obnoxious law was promptly repealed during the second session, as to all future Congresses, though with a thrifty reservation of the benefit of it for themselves. Mr. Mason, luckily, had voted against the law, and thus the tempest of popular obloquy did not beat upon him ; though no one would have met it with a calmer front had he seen fit to give the measure his support. This sensibility as to the expenditure of public money has ceased to be a virtue, or a weakness, of the American people. JEREMIAH MASON TO MRS. MASON. Washingtcin, y(7;///(7;j' 10, iSi6. My dear wife — I have received only one letter from you which was waiting here for me. To-day I have received a letter from 127 CUArTER IV. 128 Alanoir of ycremiah Mason. Chapter IV. George I wish you to write whcnc\er you have leisure, as I wish to hear from you frequently. No important business has been done. The House of Representatives have been engaged in a warm de- bate on an old question, — Whether their assent is necessai7 to give form and effect to a treaty made by the President and Senate. On that occasion the celebrated Mr. Randolph, and Mr. Pinkney of Bal- timore, were the most conspicuous speakers on the opposite sides. Mr. Randolph by no means answered my expectations. It is gen- erally thought he fell far below his former reputation.' Appearances still continue to indicate a very quiet and peaceable session. As in duty bound, I last evening went to Mrs. Madison's drawing-room, and after seeing the usual number of unmeaning faces, and saying and hearing the usual number of unmeaning things, came back again. I do not perceive or learn that the concourse of people here is greater than common. At the drawing-room I saw Mrs. Sargent ( formerly Miss Swan), whom I thought by far the finest woman there. I understand she is to set out for home to-day or to-morrow. Mrs. Derby, Mrs. Harrison of Philadephia and Mrs. Otis, have been here and passed on southward. Instead of treas- ury reports and bank bill calculations, I am engaged in reading Wraxall's Memoirs, which I find very entertaining. You must have noticed extracts from this work in the newspapers. I intend to amuse myself this winter as well as I can, and I earnestly advise you to the same determination. I believe much depends on such resolution, for I certainly do not dislike what I see and hear here as grievously as I did last winter. Truly and faithfully yours, J. Mason. 1 It was in the course of this speech that Mr. Randolph indulged himself in the impertinence, when speaking of Mr. rinckncy, who had been Minister to Isngland and Attorney-general, and was at that time at the head of the American bar, of saying, " I give up to the genlleman from Maryland— / am told he is from Maryland, etc." Importance of Good Handzvj''itLng. JKKF.MIAH MASON TO HIS I )AUGI ITl-.R MARY. Washinciox, yiiiiuary 14, 1S16. IMv DEAR Mary, — I am gralificd by your letter, esjjccially in two particulars. It is in the first place very well written, and evidently shows a very considerable amendment in your handwriting. To effect this, you know I have often told you nothing was wanting but care and attention. I wish to see your handwriting still further im- proved. It is effected with little labor, and is a pleasant and use- ful accomplishment. It is also becoming more fashionable in our country; a bad handwriting is deemed vulgar. I am also much pleased with your determination to persevere in your mathematical studies. You began arithmetic with strong prejudices against it, imbibed at the Academy, which I think you had mostly overcome before I left home. I hope you will make such progress in Euclid before my return as to make it necessary for me to study it to en- able me to examine you. Tell Alfred and James they must write to me before they are to expect any letters from me. Your affectionate father, J. Mason. JEREMIAH mason TO MRS. MASON. Washington, y.iimary 19, 1816. Mv DEAR WiP'E, — I have your letter in answer to one from Balti- more. You seem to be alarmed with the many perils past. I do not specially remember what I said in that letter, but presume I mentioned the occurrence of a very unusual number of carriaoes broken down and other vexatious accidents which delayed me in mv journey. But I certainly did not intend to say or intimate that those accidents were attended with any extraordinary danger, for really there was little or none. I never performed the journey with less danger or fatigue. When it was stormy I stopped till it was fair, and when dark till light. Contrary to my intention, which I believe I mentioned to you, which was to keep still and not trouble 17 I2( 9 Chapter IV. I30 Chap-if.r IV. Memoir of yeremiaJi Mason. myself with debating, I yesterday delivered in the Senate a speech against the right of the House of Representatives to interfere with treaties made by the President and Senate. I was tolerably well satisfied with my own argument, which was heard with attention. I shall not publish it. As we have no stenographer in the Senate, the labor would be considerable, and the subject creates no great in- terest with the public. Many arguments have already been pub- lished. Give my love to the children. Truly yours, J. IMasgn. JKKKMIAII MASOX TO MRS. MASON. Washinchon, yannary 24, 1816. Mv DEAR Wife, — There has been a great change of weather from dry and cold to wet, which has given me a cold, but not se- vere. I am otherwise entirely well. I am sorry to learn that Dr. Goddard declines being candidate as Governor. I fear the con- sequences, but I by no means regret the course I have adopted, as far as I was personally concerned.* That course, so seasonably adopted, relieves me from much trouble and ve.xation, to which I might otherwise have been exposed. I hope in the end, the elec- tion will turn out right, but I am fearful of it. 1 continue in the same lodgings I occupied last winter. I cannot yet find others more convenient. The distance from our new capitol is too great. I have seen a good deal of the celebrated John Randi)li:)h, who is in all respects the most extraordinary man I ever knew. He diifers essentially both in person and mind from his species. 1 do not think so highly of his talents as I did before I saw him, but he is more eccentric than he is reputed. I do not think he will long- sustain his reputation for talents. 1 take less interest in the affairs here than I formerly did. I of course anticipate less trouble. 1 wish in my heart I was clear of it all and at home with you and my ' Some of Mr. .M.-ison's friends had desired him to consent to be a candidate for the office of Gov- ernor, but he had declined. Study of Geometry. family, where all my happiness is. I shall write to some of the children. Give my love to the others, and kiss the little ones for me. Affectionately yours, • J. Mason. JEREMIAH MASON TO MISS MARY E. MASON. \VASinNi;T()N, Jainiary 24, rSi6. My dear Mary, — lam pleased with your progress in Euclid. The study of geometry affords a noble exercise for the mind. Women are generally prejudiced against it and all kindred studies. They often say such studies are useless for them. This is wholly untrue. The chief object in the study of geometry, as well as other departments of mathematics, is to enlarge, strengthen, and discipline the mind. If then, it be important for women to think and reason, it is important for them to cultivate these studies which enable them to think and reason correctly. I was sorr)' to learn that a foolish antipathy to arithmetic prevails in your Academy. By the progress you have made in Euclid I trust you have over- come your dislike to such studies. By application you may soon be able to find as much or more amusement in them than in music or drawing. If I do not write to Alfred and James by this mail, tell them I will soon. Your atfectionate father, J. Mason. JEREMIAH MASON TO MRS. MASON. Wa,shington, Jaiuiary 27, 1816. My DEAR Wife, — I expect evil consequences from the unexampled difficulty experienced in finding a candidate for Governor, stated in your letter and in others I have received. The consequences, however, must be more deplorable than I appre- hend, to make me regret the course I adopted. I certainly did not 131 CHAI'TEK IV. Mtjuolr of yeremiah Masoii. ClIAITFR IV. expect tlie extreme difficulty wliicli has been experienced. All the world here are talking about Mr. Randolph, who has been talking in the House of Representatives all the time of the session for three full days in succession, about everybody and everything. He ob- serves little or no connection in his discourses, and produces no effect except entirely to destroy his own reputation and influ- ence. I have not heard him during any of his very long speeches. But those who did are almost universally disgusted. His standing and influence is lost. The administration party are in almost as great perplexity about their candidate for the next Presidency, as we are in New Ham])shire about our next Governor. At this mo- ment the chance is against Monroe, and in favor of Mr. Crawford of Georgia. Perhaps a {ftw da)s may change the prospect, and set both aside and present a new man. The Federalists take no part in the quarrel. I am growing more and more tired of all political quarrels. My present intention is to return to you early in the spring, whether Congress rises or not. I do not, however, yet think of fixing any precise time. Depend upon it, I will come as soon as with any propriety I can. Affectionately yours, J. Mason. JICRKMIAII MASON TO MRS. MASON. Washington, February 15, 181 6. Mv DEAR Wii-K, — . I have just received your note dated Saturday afternoon, which I presume must have been last Saturday. The mail had previously been delayed. 1 am glad little Mary Ann has got on her feet. I should like to see her, with all the other little frolicsome actors of the nursery, which would be much more amus- ing and gratifying than anything I meet with here. Although I had determined to the contrary, I find myself quite as much, if not more engaged in the ordinary business of Congress than I was in former sessions. Being obliged to vote and act in matters of no small national importance, I cannot if I would, avoid taking a con- Pleastire in hearing from Home. sidcrable interest in them, which often compels me to take some pains to get the necessary information. I shall not, therefore, have so easy a time of it this winter as I intended. There is an unusual multiplicity of business, and the present appearance is that we shall have a long session. I do not, however, intend, unless there should be more necessity for it than I anticipate, to tarry longer than I first determined on Truly yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, Satuniay cvaiing, February 17, 1S16. My DEAR Mary, — In your letter of iith of February, you say the letter you had just received from me was the only one you had received for more than a week. I think it must have been owine to some irregularity in the mail, for 1 do not believe I have ever omitted to write so long. I have usually written as often I sup- posed as twice a week. For the future 1 will endeavor that no so great interval of silence shall occur. I will at all events be care- ful not to be in debt on this score. All your letters shall be punc- tually answered at least, and I wish you to write as often as you can. I can with truth assure you that the most agreeable moments I ex- perience here are those employed in reading your letters. You cannot well conceive the interest which the narration of any little family incident excites. One reason for it, is, that I take no in- terest in the concerns of most of those I see and associate with. This has some exceptions. There are a few men here, for whom I have not only a high respect, but also a most sincere esteem. My acquaintance with them I consider the chief compensation for the many sacrifices I have made in coming and remaining here. But warm friendships are not often contracted among men who have arrived at or passed the middle age of life. This is perhaps more especially the case among ambitious men, of which character, the most I see here partake in a greater or less degree. I do not mix 133 ClIAI'TER IV. 134 Memoir of yercmiah Mason. chaiterIV. I SO much in society as I told you I intended to do. I cannot do it without more trouble than it is worth. The situation and condition of the place render it very inconvenient. Mr. De.xter, of whom you inquire, I have seen very seldom and accidentally. He occupies a small tenement near the Capitol. I sec but little more of him than I should if he was at Boston. I am told he is a very common at- tendant at the President's, or rather Mrs. Madison's, where I never am more than mere etiquette requires. Mr. Atherton I see very seldom, not more than two or three times since I came here, and then only for a few minutes. He and I live almost four miles apart. Mr. Marsh has gone home. Mr. Gore has been confined the most of the time he has been here.' His complaint has been a lameness in one of his knees, which he thinks is caused by rheu- matic affection. He is recovering slowly, and rides out almost every day. He expects in a few days to resume his seat in the Senate. He has suffered much and borne it with great fortitude. He has not, however, at any time supposed his situation danger- ous Affectionately yours, J. Mason. JKKEMIAir MASON TO MRS. MASON. Washington, February 25, i8r6. Mv DEAR Wii-E, — Mr. King is nominated for Governor of New York, as you have probably seen in the papers. It was without his knowledge or consent. He has not determined what he will do. A very earnest press is made on him, which seems to embarrass him a little. If he assents, it will be attended with a great sacrifice of personal feeling and inclination. The weather here is now mild, and exhibits the appearance of early spring. The spring is much earlier than ours. No more severe cold is expected. I shall write to some of the children, and wish you to give my love to the rest. I would give more for an opportunity of seeing them than all the grave politicians in Washington. I can form no opinion of the end of the session, but I intend to terminate my session some- EdiLcation of Children. 135 time in April. The political fever here is less violent than the last winter. Party zeal seems to be subsiding, and we are of course more quiet and good-natured. Affectionately yours, J. Mason. P. S. — Either this mail or the next I shall send the little children some picture-books. I have Jane's letter, for which thank you. JEREMIAH MASON TO MRS. MASON. Washington, Mair/i 8, 1S16. My dear Wife, — You seem to have a pretty strong inclination for reading Congress speeches. Could I suppose any considerable portion of the community participated with you in that inclination, I should perhaps be more inclined to adopt what I conceive to be your advice on this subject. It is said a stenog- rapher is to attend in the Senate, in which case it is probable your inclination will be gratified Affectionately yours, J. Mason. JEREMIAH MASON TO MRS. MASON. W.ASHINGTON, Vl/E\SON TO MRS. >rASON. Washington, March 24, 1816. My DEAR Wife, — I have received your letter of 12th, after the one dated the 15th inst. The mail has, during the winter, been very irregular. I was pretty well prepared to expect the unfortunate re- sult of the election as to the governor, but not as to the Legisla- The Bank Bill and the Tariff. ture.' I still hope the Senate is not changed. If all the depart- ments ot" government are thus suddenly changed, 1 fear much mischief from the first ebullition of party heat. The ])residen(ial election here is generally believed to be determined in favor of Colonel Monroe, not, however, without much dissatisfaction among the Democrats I never felt a stronger desire to be at home than at the present time. This is about the time, or near it, when I had intended to set out on my return. But however disagreeable it is to tell you so, I cannot determine with any certainty on niy return. At present, with a proper regard for my duty, I cannot leave my seat vacant luiless urged by high necessity. The bill for incorporating the bank is coming under the consideration of the Senate. Very important alterations will be attempted. The new tariff of duties is also to be acted on, with several other important measures. I think Congress will rise the latter part of April, per- haps by the 20th. When I have mentioned to two or three of my friends an intention of going away before the end of the session, they have objected in the strongest terms. I will come as soon as I can. I ha\'e written to my brother I shall return by way of Leb- anon Affectionately yours, J. Mason. JICREMIAII MASON TO MRS. MASON. Washington, Man// 26, 1S16. My dear Wife, — In your last letter you mention your anxiety about the children, especially the eldest. It is a subject on which we shall probably always feel anxious. As they are, to all appear- ance, doing tolerably well, I think it wisest and best for us to en- deavor rather to lessen than increase this anxiety. We ought to and I trust shall faithfully perform our duty towards them. This we must do to the utmost of our power. This done, the excess of anxiety ought to be repressed, because it can do them no good but 1 At llie spring election of iSi6, tlie Democratic party in New Ilnnipsliire elected their candidate for governor, and a majority of members in botlr houses of the Le^jislature. 139 ClIAl'llK IV. 140 Memoir of ycrcmiaJi Mason. CiiAprEKiv. may become to us the source of much suffering. You say you doubt the ]:)ropriety of sending Mary from home this spring/ 1 rather think, as I did when \vc last conversed about it, that it will be best for her to go to Boston, if a suitable situation can be found for her. Perhaps, however, there will be no benefit in fixing her fancy on this plan at present. If anything should prevent it, she might feel disappointed, and be less inclined to attend to her studies at home. The expediency of sending her there will depend nuich on the finding a good situation. I shall be at home in season to de- termine about it. In the meantime, you can make such inquiries as shall be in your power. -Since I last wrote you I have made two short arguments on the tedious and trite subject of the Bank. One, I believe, was no great affair; the other, in my opinion, pretty good. It was supposed to have some effect towards attaining its object, which was an amendment to the bill carried against the pronounced determination to have no amendment made. This bill will occupy the Senate for several days. You have seen in the papers the arrival of Mr. Bagot, the British minister. His wife, it is expected, will be the subject of the most attention here. She is the niece of the great Duke of Wellington, and of course the subject of atten- tion and curiosity. They have taken lodgings in the same hotel I am in, for a short time, till their house shall be prepared. I called yesterday to make a visit of form. The lady affects great affability, and professes to be pleased with everything she sees in the country. Affectionately yours, J. .M.\so.\. \ JKKE.MI.MI M.\SOX TO MRS. M.\SON. Washington, April b, 1816. Mv DKAK Win;, — Yesterday I received your letter of 30 March, and am glad to know you all continue well. I feel very impatient with the prospect of being detained liere longer than I intended. I think the session will end the latter part of this month. I do not 1 That is, to school in IJoston. AdjoiLrnvient of Congress. intend to stay longer than about the 20th. The Bank Bill has passed. The new tarift" of duties is now the business of the greatest importance. That still remains under discussion in the House of Representatives. It will be before the Senate next week. The last of a session is always unpleasant on many accounts. The business always presses so as to leave no leisure to those who at- tend to it. But what is worse,, everybody becomes sour and ill- tempered. After being shut up together for three or four months, debating and quarreling, it would be expected that better men than the most of us are, would become heartily tired of each other. I do not think a legislative body ever ought to continue together more than three months at one time. That is certainly long enough, if they sit in such a place as Washington, where they can see and converse with none but themselves. With all these grievances, the winter has passed tolerably well with me, certainly as well as I expected. I have been little in company, because I found little amusement and less instruction, in any I could hear of here. Party spirit, which the last session was very acrimonious, has greatly sub- sided. Indeed party distinction has almost disappeared in both houses of Congress. It is possible some occasion may again call it up. But the distinctions between Federalists and Democrats will, I think, never again be felt as strongly as they have heretofore been. There is now more appearance of the distinction being forgotten than I have ever before seen. Affectionately yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, April 14, 1816. My dear Wife, — I have your letter of 7th April. I have e.v- pected Congress would rise the 2 2d inst., which was named for that purpose. Yesterday the cjuestion was called up in the Senate, and it was thought impossible, with proper consideration of the public business, to adjourn at that time. The determination of it is post- 141 C'llAPIKR IV. 142 Alemoir of ycrcDiiaJi Mason. Chaiter IV. ponecl to next Saturday. Congress it is said, and I believe, will adjourn before the last of the present month. I have always in- tended, if Congress did not adjourn, not to postpone my journey home later than the 2 2d. But I cannot be certain of setting out at that time. The Tariff Bill, with some other important matters, re- main to be acted on. I am told I must not go away till these are despatched, and that will be at or near the end of the session. I want to leave this place, where there is little I like, and I want ex- ceedingly to be at home, where is, and always must be, all my happiness. I shall come as soon as I can. I have agreed with Mr. Webster that we will go together. He wishes to set out by ,the 25th. I wish you to continue writing to me here, till I mention some other jilace for your letters to meet me on my way Affectionately yours, J. Maso.n. JERF.MIAII mason TO MRS. MASOX. Washington, Monday, April 22, 1S16. My dear Wike, — It was till lately expected that Congress would rise on the evening of to-day. The period is now postponed cer- tainly till the first of next week. There is a great press of business in the Senate, mostly of an ordinary sort, but some important. Mr. Webster and I have agreed to return together. He wants to set out this week. I have doubts whether it will be possible for me to do so without incurring an imputation of neglect of duty. I wish you to direct to me here, till I request you to omit it. Your letters will be sent after me on the road if they come after I have set out. The spring here is said to be very backward, the weather for three or four weeks having been cold, till a few days past. The fruit trees are still in blow, and the country begins to look pleasant. I have taken advantage of it by two or three short rides, which after my winter's confinement have been very agreeable. On Sat- urday I went to dine at a Mr. Calvert's, near Bladensburgh, where I saw a collection of paintings supposed to be the best ever seen in Mr. Calhoun. this country. They were sent to this country to escape Bonaparte's grasp, and are soon to return to Europe. Yesterday I went to Alexandria, where I attended church in the forenoon, and dined with Mr. -Swan. If I was not confined to my place in the Senate, I think I could dispose of a few days pleasantly enough in making a few short excursions. I have never been here when the weather was so inviting. The congressional invalids, of whom there have been a considerable number, are fast recovering. Dissatisfaction with their situation and want of exercise were, I believe, the chief cause of their complaints. I promise myself good weather, and consequently a pleasant journey home. I shall not come home so rapidly as I sometimes have. I must stop in Connecticut, and Mr. Webster wants to be a day or two in Philadelphia and New York, which will also be agreeable to me, if we can spare the time. It will make but a few days difference in the time of my getting home. Affectionately yours, J. Mason. The second session of the fourteenth Congress began on the sec- ond day of December, 1816, and closed on the fourth day of March, 181 7. Mr. Mason was in his place on the first clay of the session. He was again put upon the leading committee of the Senate, that on finance, and he was also a member of that upon commerce and manufactures. The legislation of the session was not of much in- terest or significance. The most important measure acted upon was a bill introduced by Mr. Calhoun to appropriate as a permanent fund for internal improvements the bonus of the bank of the United States, and the governments share of its dividends. This passed the House after much opposition, and by a very small majority, and also went through the Senate with a large negative vote, but, doubt- less much to the surprise of its author and its chief supporters, it was vetoed by the President on the ground of unconstitutionality. To those who remember the later years of Mr. Callioun's public life, it will be curious to note that at this time his name was identi- fied with three such measures as a bank of the United States, a H3 CiiAri'i'.R IV. 144 Memoir of yerevuah MasoJi. CiiAiTEKiv. protective tariff, and a national scheme of internal improvements. He was then a very young man, having only reached the age of thirty-five years at the close of the fourteenth Congress. He was the administration leader in the House, and had won that position by a combination of qualities at once solid and brilliant; by patient industry, by eloquence and energy in debate, legislative tact, com- prehensive statesmanship, and singular powers of fascination over those who came within his personal influence. He was the pride and hope of the great party to which he belonged, and no man of lijs age had seemingly so brilliant a future before him. Over Mr. Clay, his only rival in popular favor, he had an advantage in the austere purity of his private life. It is sad to think of the false lights that led him astray in his latter days, and of the doubtful name he has left in history, when compared with his striking early promise. ]\Ir. Mason, on the 17th day of February, submitted a motion to reduce the military peace establishment from ten thousand to five thousand men, and supported the measure in an able and elaborate speech, showing at once reflection and research. He was replied to by Mr. Barbour, of Virginia, and his motion was indefinitely post- poned by a vote of twenty-four to elc\'en. Mrs. Mason passed the winter with her husband at Washington, and thus we miss the record of liis life there which is supplied in previous years by his letters to her. He wrote occasionally to his children, and one or two letters passed between him and his friend Mr. Gore, who since the close of the preceding session had been compelled by ill health to resign his seat in the Senate. He also wrote a letter to Mr. King, who did not take his seat till the xo\\\ of December. JICKICMIAII MASON TO RUFUS KING. Washington, DcceniluT 15, 1816. Dear Sir, — I have your letter of the 8th, and though I am for many reasons desirous of your being here, I cannot state any im- portant business which is likely soon to come before the Senate. Ke7thtckv Horse Ad. The standing dishes served up by the President will, I think, re- main untouched for the benefit of his successors. An attempt will be made to establish a national university, which I am told will probably fail in the House of Representatives. A bankrupt law and a navigation act, similar to the British, will also be attempted. The western men intend to upset the whiskey tax, which must, of course, be attended with the repeal of all the internal taxes. But I do not think any of these will reach the Senate till after New Year's day. The President has found out, as you have probably seen by the papers, that the Kentucky Horse Act of the last session needs mend- ing.^ Much abuse is cast upon poor Lee, the commissioner. I be- lieve his decisions are of a complexion very similar to the law he acts under. A treaty with Sweden has been sent to us. I did not hear it read. When -printed, I will send you a copy. We, with Mr. and Mrs. Webster, are lodged in one of the houses of Carroll's Block, a few doors south of Queen's Tavern. We are entirely by ourselves. The people of the house are disposed to do the best they can for us. We do not fare very sumptuously, but on the whole are as comfortably situated as we had reason to expect. Crawford's establishment is continued by his brother, who, when I called there, was not to be found. The bar tender told me you were expected. Major Lewis Grosvenor and Herbert are the only members of Congress there. I am told the establishment is some- what deranged. Bailev, a reformed gambler from Virginia, has taken and fitted up for a tavern the house south of the Old Capitol, where the Supreme Court held their session last winter, together with the house adjoining. He also has the house occupied by Dal- las. It is said his accommodations are very good, and that the cook- 1 Mr. Mason here alludes to an act entitled " An act to authorize the payment for property Inst, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes," approved April 9, 1S16. It was introduced by Mr. Johnson, of Kentucky, and horses formed a considerable portion of the property referred to. Mr. Lee was the commissioner under this act. The President sent a special message to Congress, December 6, 1S16, calling their atten- tion to the act as needing further legislation. 19 145 ClIAITKI! IV. 1+6 Memoir of Jereiniah Mason. ClIAlTKR IV. ery is superior to what has been found here. Should you prefer being on the Hill to going to Georgetown, as I hope you will, I am inclined to think you may be as well suited at Bailey's as at Craw- ford's. I am told that Mrs. Wadsworth, who has pretty good rooms, has no lodgers. I will willingly make any further inquiries or ar- rangements for you on this subject that you may wish. I am, sincerely and laithfully, your most obedient servant, J. Mason. P. S. — Mr. Harper has resigned his seat in the Senate, which is to be filled by Hanson. I am in doubt whether to set this down to the side of profit or loss. JEREMIAH MASON TO MISS MARY E. MASON. Washington, December 19, 18 16. Mv DEAR Mary, — Since we parted with you in Boston, we have heard from you less frequent)}' than we have wished. Your mother has several times "expressed some anxiety about the cause of your silence, fearing you was sick. You must in future write to us of- tener. We shall expect a letter from you in future either to me or your mother, once a week at least, and as much oftener as your lei- sure and inclination will permit. Separated from us and all the family, as you are, we feel more anxiety to hear from you often than we otherwise should. I wish you to give me a particular account of your studies, and how you are suited in all particulars with your situation. Your mother bore the journey here remarkably well. I think her health is better than it has been the two or three years past. I hope there is no occasion for my advising you to diligent application to your studies. You must recollect that the coming two or three years of your life, if misspent, cannot be recalled. You will at that time be a young woman, to whom all who may know or hear of you will assign a character which it will not be easy after- wards to alter. I trust your situation and opportunities are favor- IVedstcrs Report on fJic Compensation Lazv. able for improvement, and I entertain sanG:;uinc expectations of your rapid progress. You mention that Dr. Park has said notliing to you about composition. When I saw him I told Iiim I sliould submit the direction of your studies to him. I have much confi- dence in him. You may, if you please, mention the subject of com- position to him. Inform me if you experience any difficulty in get- ting to school in bad weather, and how your health is. I believe your mother wrote to you that you might lend the books you men- tioned as you wish. In your vacation, should an opjjortunity occur, I think you had best make a visit to Amherst. I am most affectionately yours, J. Mason. JEREMIAH MASON TO CHRISTOPHER GORE. Washinoton, Z'tVYw/'tv 30, 18 1 6. My DEAR Sir, — I have your letter in which, among many better things, you remind me of my negligence in not writing to you. My case is not quite so bad as you suppose. I really have written to you once since I arrived here. As nearly as I can recollect, it was.about a fortnight ago, and which of course you ought to have received before your letter to me. I suppose my wrong direction must have delayed your receiving it. Of news we have nothing. In dullness and indolence in the way of business, the commence- ment of this exceeds all former sessions of Congress which I have known. As yet, nothing has been done in either House. In the Senate we have said nothing. The Representatives have talked a little, but to no point or purpose. Webster's report on the Com- pensation Law is the only thing produced which has attracted any notice. All the friends of that wicked measure think he has made for them a very able defense. It has renewed their courage to such a degree, that I expect they will let the law remain long enough to answer all the purposes of this session. A very extraor- dinary degree of listlessness pervades the Legislature. Everybody seems convinced of the impossibility of resisting executive influ- 147 CltAITKK IV. ij[.S AltJiioir of ycreviiah Mason. CHArrER IV. ence, or giving any new direction to the political machine. The Federalists, having lost all hope, and consequently having no bond of union, cease to act with any degree of concert. I see nothing which will again unite them. They may occasionally show them- selves in sonve of the States, but in this government they will soon become extinct. It is to be hoped an opposition will arise from some other quarter, and under another name, that may restrain executive power and influence, which in my opinion is becoming really formidable. Nothing else is seen or felt here. At present none who have the means wish to restrain, but all wish to partici- pate in that power. Nothing seems to be agreed on as to the next Cabinet. Crawford, it is said, wishes to be retained. If so, he must be gratified for a short time; but the sins of a competitor for the diadem can never be forgotten or forgiven. I think it probable Mr. Monroe is inclined to make J. O. Adams Secretary of State, believing there is no danger of finding in him a dangerous rival four years hence. But Clay, with his western people, will oppose that project. If Adams is brought in it will not be with any inten- tion of his final advancement to the jjresidency. I rather expect he will remain in his present situation, where he seems in no dan- ger of acquiring too much reputation. Mr. Coleman delivered me your letter. I carried him to the Senate and introduced him to several of our friends. He soon got into so good company that I saw little of him. Mrs. Mason and Mrs. Webster continue to be better pleased than I expected. The weather has been remarkably fine, which they improve in seeing the great city and its vicinity. Mr. King has arrived. Excepting a trifling cold, he is very well. Sincerely yours, J. Mason. JKKKMI.VU MASON TO CHRISTOrilEK GOKK. Washington, yanuary 25, 1817. Mv DEAR Sir, — I presume from your letter of the nth that you have a very just idea of our condition. On no occasion has Rttmors as to Cabinet Appointments. anything like a Federal opposition appeared during this session, in either House. It will never again be seen. There is nothing to sustain such an opposition. Under existing circumstances I doubt if such an opposition is to be wished for. What good can it do ? What section of the Union, or portion of the community, would sustain a man, who should now take upon himself the labor of exposing the grossest peculation and mismanagement ? Riding on the top of the popular tide, the executive can easily run down any man or any number of men who should make the idle attempt. The people would not believe the alleged abuse to exist, till com- pelled by the most irrefragable evidence, when they would probably justify it. What then are the men who do not and cannot agree to the measures of government to do .^ I think they can do noth- ing. The preparations which I see among the Federalists to make their somersets excite neither pain nor displeasure. Let those who wish to go pass over quietly. The most of them will meet with a favorable reception. Monroe wants recruits for the war of the next succession, and will smile on all who come. His apprehensions are not without foundation. As one opposition sinks another will rise, and perhaps with more favorable auspices. It is rumored that mur- murings are already heard. Within a day or two, the report that J. O. Adams is to be Secretary of State has gained more credit. I have had it from a source that convinces me it is seriously thought of. The inducement is said to be to lessen the jealousy against Virginia, and conciliate New England. Some think there is a bona fide intention to designate him for the next presidency, and that Colonel Monroe believes this the best way of securing his next four years term. Others suppose the only object is to afford A. a fair chance of hanging himself, which they say he will certainly do in a short time. Mr. Clay gives no credit to the latter supposition. He with all his western friends are clamoro-usly opposed to A. Crawford is said to be sulky, and to talk of retiring. I think better of Mr. Adams' prospect than I have heretofore. I do not however believe anything is yet determined on. No movement has been 149 CnArri'.K IV. I ^o Memoir of yeremiah Mason. ciiAiTER IV. made in the Legislature respecting the Massachusetts Militia claim. I understand Messrs. Lloyd and Sumner are arranging the accounts for executive examination, in hopes of getting a portion allowed on the principles established in favor of the V'irginia claims. They may get a small pittance on that ground, but I suspect before they obtain any serious amount, they will find they know nothing of the true key for construing the Virginia rule. Truly yours, I. Mason. JKRICMIAII MASON TO MISS MARY \i. MASON. Washington, yanuary 25, 1817. Mv DEAR Mary, — Your letters have given us much satisfaction, especially since you have abandoned the too laconic style of one or two of the first. But I have received a letter from .Mr. Webster which gives me more pleasure than any of yours. He says Dr. Park spoke in very favorable terms of the progress you make in your studies, which I trust he would not do without your deserving it. I have several times endeavored to impress on your mind the importance of a zealous and assiduous attention to your studies, and I shall think my labor and pains amply rewarded if I can suppose I have in any degree contributed towards the attainment of this object. I have much confidence in your preceptor. He will afford much aid, but the chief dependence must be on your own exertions. An ill founded opinion has prevailed too extensively that liter- ary acquirements do not constitute an essential ingredient in the character of an accomplished woman. Fortunately for your sex this foolish opinion is much less prevalent now than formerly in our country. Great improvements have already taken place in this particular of female education. I have no doubt they will continue and increase, and that the women of the rising generation will in literature at least greatly e.xcel their ]5redecessors. This reflection must not only excite a laudable ambition in a generous mind for literary attainments, but impose a degree of necessity for exertion Advice as to Study. even on tlic sluggish and ignoble. I'^or I hope that ignorance in a woman who has had a convenient opportunity for acquiring knowl- edge, will soon be deemed as disgraceful as it is in a man. The only restraint on your application to study should be a proper attention to your health. This must not be neglected. You must allow a reasonable portion of time for exercise, recreation, and atten- tion to your person. I wish you to inform me what you have studied since you have been at Boston, and state to me also frankly how you stand in com- parison with others in your class. Your mother joins me in cordial love to you. Most affectionately yours, J. Mason. JEREMIAH MASON TO JAMES J. MASON. W.A.SHINGTON, yaiiuary 2^, 1817. Mv Dear James, — We have been much gratified by regularly receiving your and Alfred's letters since we parted with you, and also by the accounts we have had from others of )'our correct con- duct. I hope you are diligent in your studies, and that I shall find on my return in the spring that you have made good proficiency. I wish you to attend to your handwriting, in which I am glad to see you have made some progress. When you next write, tell me what you are studying, and how long lessons you get. I suppose George is still with you, unless he has gone to Amherst. His visit I trust has been very pleasant both to you and Alfred. Your mother and I look forward with exceeding great pleasure to the time of our re- turn home, when we hope to have you all together again in health and happiness. I trust that you as well as the rest of our beloved children, will so conduct as to merit our entire approbation, which will greatly increase the pleasure of that happy meeting. Your aftectionate father, J. Mason. 151 Chapter IV. 152 Memoir of yeremiah Mason. Chaiter IV. In August, 1816, the following correspondence passed between Governor Plumer and Mr. Mason, relative to a seat upon the bench of the superior (the highest) court of New Hampshire. WILLIAM PLUMKKTO JICRK.MLMI MASON. Ei'PiN'G, August 7, 1816. Dlar Sir, — Yesterday I received official information that Mr. Upham declines accepting the office of a justice of the Superior Court of Judicature. Another judge must therefore be appointed. Agreeably to your request I give you notice of the fact ; and permit me to inquire if you are appointed Chief Justice of that court, will you accept the office.'' It has long been my desire that you should have that office, and I think it will be offered to you, provided I have assurance you will accept it. It is an office worthy your am- bition, and one I hope you will hold till you are removed to the bench of the Supreme Court of the United States. How soon the Council will be convened is uncertain ; but I will thank you for your answer as soon as convenient. And in all events believe me to be with much respect and esteem, Sir, your most obedient humble servant, William Plumer. JEREMIAH mason TO WILLIAM PLUMER. Portsmouth, August 18, 1816. Dear Sir, — I am sensible of the honor you do me by the inquiry in your letter of the 7th inst. You ask whether if appointed I will accept the office of Chief Justice of the Superior Court. There may be an appearance of indelicacy in my stating any determination on this subject while there is no vacancy in the office in question. I think, however, under the circumstances of the case, I ought not to be influenced by that consideration, but frankly to communicate at your request the result of my rcfiections. Nezu Havipshire y luiicinry. Could I flatter myself with the belief of possessing the necessary qualifications, the proposed office would certainly satisfy my highest ambition. ■ There would however still remain two objections which seem to me to be insuperable. The salary by the present law allowed is in my opinion wholly inadequate. The duties of the office are very laborious, and the sit- uation highly responsible. The proper discharge of those duties must necessarily engross so large a portion of the whole time as to leave very little leisure for any other employment, For such arduous and constant labor in so responsible a situation I cannot think the present salary a reasonable compensation. My other objection arises from the late organization of that court. Experience has, I think, demonstrated that if the three judges are required to be all present at each jury trial they can never do the business of that court in a manner satisfactory to themselves or beneficial to the public. For many years past the business has been gradually increasing, and it will probably continue to increase with the increasing wealth and population of the State. Whoever shall be the judges, I think I hazard little in foretelling that under the present system the business will accumulate, and consequently be delayed to a very injurious degree. Perhaps there were defects in the plan lately abolished which needed a remedy. But I shall be greatly disappointed if the return to the old system in the particular I have mentioned should not be found to be injurious, and a contin- uance in it impracticable. If the judges are competent for their places, I think there can be no danger in confiding to a single judge the power of ruling the evidence and directing the course of the ordinary trials by jury of issues of fact, subject to certain exceptions. Such a practice prevails in most of the United States, and-has been attended with no mischief, as far as I am informed. Wherever that practice does not prevail, it has been found necessary to have a much greater number of judges in proportion to the business to be done than is contemplated by our present system. After thus stating the reasons which prevent my complying with 153 ClIAI'TKK IV. 154 Alcmoir oj ycreviiah Mason. CHAi iKK i\. yuur piujjosal, I trust it is unncCL>>ary to add that political consider- ations, which in these times are often supposed to determine almost everything, have with me on this subject no influence. I am with much respect, sir, your most obedient servant, J. Mason. CHAPTER V. Mr. Mason resigns his Seat in the Senate of the United States. —Letters to Mr. Gore and Mr. King, informing them of the Fact, and their Replies. — Letter to Dr. Appleton on tlie same Suliject. — Portsmouth in tlie iiarly Part of this Century. — Mr. Mason's Professional and Domestic Life. — The Dartmouth College Case. — Correspondence to the Close of the Year 1818 with Mr. Gore, Mr. King, Mr. Daggett, and Judge Story. IN June, 181 7, Mr. Mason resigned his seat in the Senate of the United States. He has not left on record any statement of the reasons which led him to take this step, but they may be inferred from the tone of his letters in the two preceding chapters. In the first place, unlike most Americans, and especially unlike most American lawyers, he had no political ambition. Public office had no charms for him, and professional occupation was far more to his taste than political. Popular applause he neither sought nor cared for, nor had he that cheap accomplishment of popular elo- quence by which such applause is most easily won. He spoke wisely, weightily, and logically ; he addressed the reason and the conscience of his hearers ; but what he said was not commended by any aid of voice, eye, or gesture. He had none of the external graces of oratory ; his manner was simple and unimpassioned, and his tone conversational. His powerful mind and masculine taste would have disdained the triumphs secured by an appeal to the passions or prejudices of those whom he addressed. Thus his love of his profession, and his indifference to public life, conspired to make his place in the Senate distasteful to him. CiiArrr.K V. 156 Memoir q/ ycrcviiaJi A/aso?i. Chapter V. But more powerful than any otlier motive was his unwilUngness to continue the sacrifice he was obliged to make in being so long absent from his family. His domestic affections were very strong, and all his hours not given to his profession, were spent at home. For the rest and refreshment which a hard-working lawyer so much needs he was peculiarly dependent upon his family. When absent from them in Washington, he had no resource for his lonely even- ings but the solitary pleasure of reading. For the questionable amusements to which members of Congress sometimes resort for pastime he had no taste, even if his strict New England training had allowed him to look upon them as innocent. His letters are full of expressions of the longing he felt to be at home with his wife and children, and of the sacrifice he was making in living away from them. He felt too that a numerous family of young children had claims upon him paramount to all others, both to secure for them a pro- vision against want in case of his death, and to give his constant care to the training of their minds and characters. The situation of the country left him at liberty to obey the strong impulse which called him home. Its youthful energies and bound- less resources were already beginning to repair the waste of the war. The burden of taxation had been lightened, commerce revived, manufactures w'ere quickened, and Mr. Crawford, who was appointed Secretary of the Treasury in October, 1816, had been able, in his report at the meeting of the second session of the Fourteenth Con- gress, to give a hopeful view of the finances of the country. And now that the war was over, the bitterness of political feeling which had erown out of the war and the measures which had led to it had much abated. The Federalists, a party decreasing in influence and numbers, had acquiesced in the election of I\Ir. Mon- roe, a man of moderate talents and moderate temper, who made neither earnest partisans nor vehement opponents. Most men were ready to bury the hatchet of political strife; and a man of Mr. Mason's political sagacity could not fail to see that the old party Reasons for his Resignation. lines were in a fair way to be erased, and that new issues would make new divisions in the future. Mr. Mason, upon resigning his seat in the Senate, wrote to his friends Mr. Gore, Mr. King, and Dr. Appleton, infornn'ng them of the stej) he had taken. His letters, and the replies of Mr. Gore and 157 Mr. Kinir, are here given. JEREMIAH MASON TO CHRISTOPHER GORE. Portsmouth, June 18, 1817. Mv DEAR Sir, — I have just resigned my seat in the Senate of the United States. .For a considerable time past I ha\-e contem- plated doing this. I have many reasons for staying at home, and very few for going to Washington. Among the circumstances which have lessened my inducements to retain my seat in the Senate, your resignation is not the least. I certainly do not regret having spent so considerable a portion of four years in that station. I am not vain enough to console myself with an idea that my labors have been of any special advantage to the country. But the time has not been spent without advantage to myself It has afforded me the opportunity, which I should otherwise never have enjoyed, of knowing some of the greatest and best men in our country. And I have the consolation of hoping that in a few instances I have been so fortunate as to attract their kind regards. I have also had an opportunity of seeing the tricks and cunning contrivances by which the nation has been, and I suppose for a long time will continue to be governed. These can never be well understood without the advantage of a situation from which one can see the master jugglers manage their puppets. I fear the good people of Boston will kill the President with kindness. I am, however, on the whole, glad to see them taking that turn. They have certainly derived no benefit from pursuing ClIAI'TI-U V. 158 Mc'vioir oj yercviiak Mason. cmutekV. ' an opposite course.^ No one can foretell what this will pRnlucc ; i but I do not believe the Federalists, or quasi-I-"edera]ists, have any- ! thinij to expect fmm Colonel Monroe. When 1 saw you a few \ moments in Boston last spring, you told me it was possible that in some excursion in the course of the summer you might take Ports- mouth in your way. I wish you would say it was })robable. 1 am sincerely yours, J. Mason. CIIKISTOPHKR GORE TO JllKEMIAII MASON". WaLTHAM, jtUIIC 22, 1817. .Mv DKAR Sir, — I duly received your letter of the iSth mention- ing that you had resigned your seat in the Senate of the United States. On public grounds I am concerned. No one more quickly discerned the weakness and wickedness of bad measures, and none more thoroughly exposed them, and in many instances you suc- ceeded in defeating their schemes or in rendering them less obno.x- ious. I am sorry also for our friend King's sake, who will be altogether alone For )'our own gratification you have, I entertain no doubt, re- mained as long as was desirable. The inconvenience in going and returning, the comfortlessness of Washington, and the privations of so many enjoyments in being from home were, and must have con- tinued to be, great sacrifices. I rejoice that you were there while I held a seat, and should be extremely delighted, if it were for your interest and happiness to live in my neighborhood, that once in a few weeks I might exchange thoughts with you on the passing events. I despair of ever being able to go so many miles from home; were I able, I should visit you and yours with great satis- faction. The Boston folks are making great efforts to show their respect for the new President. It has been a question who should evince ' I'rcsidcnt Monmc. who made m\ cxieiuled tour tlirougli tlit country in the summer of 1817, was in liostoii at the date ol this letter. President Monroe in Boston. most devotion, the Federalist or Democrat. The former appears to have got the start in the race. The niihtary will escort him ; all the citizens are to attend on the way in carriages and on horseback, and finally he is to be shown all the boys of Boston on onr Common. If he does not meet us with due respect after all this, and illustrate some of the most distinguished leaders either by knighting them, or sending them to represent the dignity of the United States in China or England, he must be lost to all sense of gratitude as well as of public good. My want of health will prevent me from paying ni)' personal respects to the President. I am confined to my own fields and my own furrows, which are looking well, but here are neither the weeds of ambition nor avarice. If I had tolerable health and limbs, I could pass the remnant of my days in cheerful- ness ; as it is, I endeavor to go on tranquilly and without repining. My wife enjoys very passable health, and unites with me in affec- tionate regards to Mrs. Mason and yourself Farewell. Your faithful friend, C. Gore. 159 C 1 1 A I'l 1- R V . JEREMIAH MASON TO RUFUS KING. Portsmouth, ytiiic zd, 1S17. My dear Sir, — ■ I have resigned my seat in the Senate of the United States. I had contemplated it for some time, as I mentioned to you last winter. It was my intention to have postponed my resignation till next fall, and so retain the power of altering my deter- mination should I see reason. But as that would have carried the appointment of my successor from the Legislature to the Governor, which I did not wish to do, and as I saw no probability of any change of opinion, I thought it best to resign at the present time. For staying at home I have many inducements ; but for going to Washington none, except the pleasure and advantage of being with you. I do not see that the public have any manner of concern in this matter. I have not vanity enough to flatter myself with the notion of having done the public any good while I have been in i6o McDioir of ycrcvudh Masoii. Chaitf.rV. ' the Senate, nor do I see any probability that I could if 1 remained there longer. I do not regret, however, having spent so considerable a portion of time in that situation. It has been of great advantage to me. It has afforded me the means of seeing, and in some measure under- standing, the tricks and cunning management by which the na- tion lias been and ])robabIy will for a long time continue to be governed. And what is much better, it has also afforded the op- portunity, which I should otherwise never have enjoyed, of cultivat- ing the acquaintance and (I trust I may add) the favorable regards of some of the greatest and best men our country has ever possessed. I shall always consider the having acted with you on some important occasions, as constituting the most fortunate and gratifying events of my life. .And be assured, my dear sir, I shall hold in grateful remembrance the uniformly kind treatment I have always experi- enced from you. I shall apply myself to my professional pursuits, and seek for happiness in domestic enjoyments. The education of my children, which is certainly the first and most important duty of a parent, will of itself for a long time afford me n.uch employment. I understand the Boston folks are making unexampled prepara- tions for the reception of Mr. Monroe. The intent is to work out the stain of the Hartford Convention and their other rebellions. I do not believe it will answer the purpose intended. We here, being suspected of no disloyalty, shall make no extraordinary exertions. I was informed a few days ago from Boston that Hunter had lately sailed for England. It was intimated he might be in govern- ment employ. I think that cannot be. If so you must of course know, as it was well understood at Washington, that the President was to do nothing without your privity and advice. Mrs. Mason joins me in affectionate regards to Mrs. King. I am with the highest respect. Faithfully yours, J. Mason. President Monroe in Boston. i6i RUFUS KING TO JKKKMIAII MASON. JA^r.\lL■A, T,. I., 'July J,, 1S17. Mv DEAR Sir, — Accept my acknowlrcl^'nicnts for the \-cry obliging letter which you have written to me. I was sorry to see it announced that you had resigned your seat in the Senate. To the force of sonic of the motives that have influenced you on this occa- sion I am not insensible; but that you have done no good, and think it doubtful whether you should be able to do any, by continu- ing in the Senate, I am not willing to admit or to believe. On the contrary, for maxims of government, principles of administration, and views of general policy, the observance of which cannot fail to jsromote the public welfare, I am quite sure that our colleagues and country owe us something. It is true that we have had to contend with prejudices constantly working against us, and jealousies, that caused individuals to vote in opposition to us, as well as to their own convictions. These are discouraging circumstances, especially as they seem to be insepara- ble from our political system ; which, although less conducive than might be desired to the greater prevalence of exact justice, is never- theless litted to our condition, and, as I am inclined to believe, more certain to promote our progress in wealth and strength than any other political arrangement. The President by this time must be at Boston, where, as you conjecture, there will doubtless be performed some works of super- erogation. With our reformed notions we should not place much reliance upon the efficacy of these over zealous deeds. According to my interpretation of motives, and of the conduct of the President at Philadelphia and amongst us, he will apparently receive in good part whatever is offered by way of respect. But here, as also at Phil- adelphia, the exclusives have manifested some little jealousy and displeasure; and if the extraordinary demonstrations of attach- ment, respect, and confidence that may be exhibited at Boston should be reciprocated by the President, I should not be sur- CiiAriKit V. I 62 jMcuioir of yci'ciniah Mason. ClIAriKR V. prised if tliL' same produce an equivalent coolness and disaffection amongst old friends and partisans. There are more than one or two aspirants carefully watching and weighing all that occurs, or is omitted, in the course of this Presidential journey. I went to town on the day of the President's arrival to offer my respects. He received me, as he received other.*^, in an obliging man- ner; asked me to dine with him, which 1 did. I invited him to come and dine with me. He would if he could ; by which I under- stood that he would not, as he did not. I was invited to accompany the President to West Point, which I did not. He asked me to meet him at the fortifications at the west end of this island. I met him there, and went with him to Sandy Hook. The President came down to the fortifications in the steam frigate, which had been undocked and prepared for this service. Although manned with a numerous and skillful crew, and the distance only ten miles, it was four o'clock p. M. before the frigate arrived at the fortifications, demonstrating in this e.\pcrimcnt the entire failure of. this expen- sive project as a moving battery. With the most careful attention and management, they were unable to force the frigate through the water, at a rate which would have enabled her to move to attack, or to escape from, an enemy. In the course of the night she returned to the dock. The President remained with the Vice President on Staten Island ; and the Connecticut steamboat came down the fol- lowing morning to carry him to Sandy Hook. During this expe- dition he spoke to me freely on several public to]:)ics, leading always in their relation. He also spoke of his tour, and the considerations that have engaged him to make it ; but his observations were general in their nature, and such as cover and conceal details and therefore are little satisfactory. I however perceive no reason to alter my conjecture concerning the present administration. The chief must be influenced by the changes which from time to time occur. I anticipate little harmony or decision of character in his cabinet. The office of .Secretary at War is yet vacant : it has been offered and refused by Lowndes since the refusal of Shelby. Harrison is President Monroe s yonrney. anxious to olitain it, and lor w.mt ot a Ijcllcr in the line assio;necl for the choice may perhaps oluain it, though I cli)ubl his success. Of the foreign concerns I have heard nothing since we pai'lcd. Who is to succeed Mr. Adams, whether Rush, Pinckney, or Derby, I cannot inform you ; so that you see, notwithstanding your informa- tion, I am not let into all the secrets. As the President will visit Portsmouth, perhaps something may leak{out worth telling In this case don't be over prudent; 1 can keep your secret. Swift accompanies the President. Perhaps he may again make you his confidant ; he appears now equally assidu- ous as he manifested formerly an inclination to be, in the anticipa- tion of a different order of men and things. By the by, the ci dcvant Secretary at War made me a short visit some weeks ago. With regards, in which Mrs. K. unites, to Mrs. Mason, I am and shall always be with great regard and respect, Dear Sir, your obedient and faithful servant, RuFus King. JKKEMIAH MASON TO THK REV. JESSK APPLETON, D. I). PoRTs.MiiUTH. '/V/Zr 3, 1817. Mv DEAR Sir, — You have probably seen that I have resigned my seat in the Senate of the United States. I had contemplated doing it for some time. 1 have many reasons for staying at home, and very few for going to Washington. The President is expected here some time next week, if the Bos- ton folks do not kill him with kindness.' I will then ascertain and inform you whether he intends to extend his tour far enough to see you. I was told a few days ago, by a gentleman who conversed with him on the subject before he left Washington, that he then intended to go no further than Portland. Perhaps he may be so 1 President Monroe visited Piirtsmoutli after the dale of tliis letter, and liy a vote of tlie citizens was received and addressed by Mr. Mason, wlio also entertained liini at dinner at his house. 163 ClI.M'TKK V. 164 Mcvwir of ycreviiaJi Mason. CiiAi'iEK V. much gratified with the attentions of his liege subjects in these parts that he may alter his determination. As to your other inquiry in relation to his title or address, you have probably seen it learnedly discussed in the newspapers. In conversation with the President I believe it has not been customary to give him any title. The late President was always, in conversa- tion with him, called .Mr. .Madison ; in notes, etc., addressed to him, " The President of the United States," at least this was the case as far as I know. In haste, yours, J. !\L\son. After resigning his seat in the Senate, Mr. Mason resumed the professional and social life which had been partially interrupted by his public service in Washington. As this life continued in a uni- form course till his removal to Boston in 1832, it may be well to sketch it a little more fully than has before been done. Portsmouth, New Hampshire, where Mr. Mason so long lived, and where all his children were born, is to-day a cheerful town to a stranger's eye, and they whose lot is cast there fmd it a pleasant place to live in. It is situated on a beautiful peninsula on the south side of Piscataqua River, with a noble liarbor, which is never frozen even ni the severest winters, owing to the great rise and fall of the tide, the narrowness of the channel, and the consequent rapidity of the current. The region around it, from its happy blending of land and water, has much and varied beauty. The town abounds with signs of past prosperity, especially with those spacious, wooden houses which prosperous men in 'New England were so fond of build- ing in former davs, suggesting good incomes and large families. In 1797, when .Mr. Mason went to Portsmouth to live, it was rela- tively a place of more importance than now. Its chief sources of prosperity were shipbuilding, for which it had peculiar facilities in its noble harbor and its pro.ximity to extensive forests, and the car- rying trade. For both of which it was mainly indebted to the wars of the I-'rench Revolution which were desolating Europe. It had many prosperous and enterprising merchants, and an active, thrifty. Social Life in Portsiuoitth. and energetic population. Its ships were known in every clime, and the commerce which enriched it gave an improved tone to the manners and social habits of its inhabitants. Mr. Mason hesitated for some time between Boston and Ports- mouth as a place of residence, and among the reasons which led him to make choice of the latter was the belief which many enter- tained, strange as it may now seem, that the future progress and prosperity of Portsmouth were more assured than those of Boston. Portsmouth was also at that time a place of more than common social attractions. Even before the Revolution, in the days of wigs, cocked hats, and flowered waistcoats, it was the residence of many cultivated families, and the seat of a generous hospitality; and at the close of the last century its old character remained, indeed made more marked by the wealth which commerce had poured into its lap. The Marquis of Chastellux, who was there in 1782, speaks of seeing handsome women elegantly dressed, ot dinners and suppers, and of fine houses richly furnished ; and making all due allowances for the rose-colored atmosphere through which a French nobleman may have been supposed to observe everything, enough remains to show that there must have been then an easy, agreeable, and some- what refined society. In those days travelling was slow, difficult, and expensive. A journey from Portsmouth to Boston was quite as formidable, to say the least, as a journey to Washington is now. For society the in- habitants of towns in New England were dependent mainly upon themselves, and thus the ties of social life were more closely drawn than now. And then men were not so busy, and time was not so precious, as now. Books, newspapers, and magazines were compar- atively rare and thus men and women read less or fewer books, but they talked more, and their letters were longer and more elaborate. Cheap postage has spoiled letter writing. Much time was spent in social visits on an easy and not expensive footing. The elaborate dinner of modern times was unfrequent, but tea parties and supper parties — the latter beginning very little later than the fashionable 165 CllAI'l-KR V. 1 66 Memoir oj J trimiak Maso7i. Chaiter V. hour for dinner parties to-day — were common. The gentlemen '. had their clubs and exclusive social gatherings, wliich were convivial in their character, sometimes too convivial ; and occasionally a youth of promise fell a victim to the temptations of a mistaken hospitality. In one respect social life in New England has improved since the beginning of the present century. The vice of gaming was more common among respectable people then than it is now. This is not because we are more virtuous than our fathers, but because the craving for excitement which leads to gaming can now find many forms of gratifying itself which were then unknown. By the cultivated and agreeable society of Portsmouth Mr. Mason was warmly welcomed, and his own nature was social enough to enjoy the attentions which were extended to him. But it soon ap- peared that his profession was an interest paramount to all others, and that no social claims were ever allowed to interfere with those of his clients. Self interest is ever quick-sighted, and the active men of business in Portsmouth soon found out that every trust committed to his professional charge was faithfully, ably, and I promptly discharged. He was not only diligent in business and I successful in litigated cases, but he was uniformly prompt in paying to his clients the money he had collected for them. This seems but common honesty, and not worthy of special commendation, but in those days it was by no means a uniform rule among the members of the bar. Money was in great dcnuuKl and could be turned to good use ; and thus lawyers were tempted to keep what belonged to their clients in their own hands as long as possible, and employ it to their own advantage by loan or investment. His charges were moderate, even when tried by the modest standard of that period. And thus from all these causes his business rapidly increased, as he was always gaining new clients and never losing old ones. Upon his marriage, Mr. Mason went immediately to housekeeping, for the bad practice of putting young wives into hotels and boarding- houses was not known in those days. He lived for some time in a hired house in the compact part of Portsmouth, but as an increasing Mr. Masoiis Habits of Life. family and the growing claims of society and hospitality required larger accommodation, and an assured income justified the outlay, in 1802 he built for himself a large and handsome house, upon a fine and elevated site a little out of the business part of the town. Attached to the house were extensive grounds, including a garden, laid out with taste, and planted with fruit and ornamental trees. In the care of his grounds, and the cultivation ol his garden he spent much time and took much interest.^ In this house Mr. and Mrs. Mason sjicnt thirty happy and pros- perous years, surrounded by their children, and in the exercise of a generous hospitality. Friends and relatives were constantly under their roof as guests, sometimes for long periods. Mr. Mason's position at the bar at the time of his election to the Senate, was so high and assured that his four years of public service entailed no further loss of business than that which was caused by his absence from his clients; and immediately upon his return he found himself in full professional employment once more and with a cloud of clients around him. In 18 1 7 his family consisted of eight children ; five sons and three daughters, of ages ranging from seventeen to two years ; and it is at this period, or a little earlier, that his surviving children's recol- lection of their father begins. His way of life was uniform and regular. His working-day al- ways began very early ; and for many years, during the winter season at least, he was wont to breakfast alone, before his family had ap- peared, in order that he might be in his ofiice at a seasonable hour and before the daily stream of business had set in. He dined in the middle of the day, as was then the general custom of New England, and went back to his office in the afternoon. But his evenings were always spent with his family at home, and only an imperative en- gagement could induce him to depart from this rule. 1 Mr. Webster, writing to Mr- Ticknor from Lowther Castle, in England, August 21, 1S39, says : '• You know all about Lowther Castle ; one may safely say of it wluat Mr. Mason said of his house in PortsinoiUh, that it is a comfortable shelter against the weather ! " 167 ClIAI'TKR v. i68 ClIAlTER V. Mcjnoir of yeremiah Mason. His extensive practice required him to make frequent journeys, and to spend much time away from home. He regularly attended the sessions of the courts at Concord, the capital of the State, and at the shire towns of all the counties in the neighborhood of Ports- mouth. He was sometimes called on professional duty to Ncwbury- port, Portland, W'iscasset, Salem, and Boston. These journeys he generally made in his own carriage, — a chaise in summer and a sleigh in winter, — and as courts of justice wait for no man, neither heat nor cold nor storm could delay his departure at the appointed time. The surviving members of his family well remember the preparations for these journeys in the bitter cold of a New Hampshire winter: the shawls, coats, cloaks, and blankets that were put in requisition for warmth and protection. But Mr. Mason's frame was robust and his constitution vigorous ; and during his long practice he very rarely lost a day, or failed to keep an appointment, by reason of illness. But it was his habit, wherever he might be during the week, to pass the Sunday with his family. This was a pleasure to which his children looked forward with confident expec- tation, and they were rarely disappointed. Mr. Mason, upon his return from Washington, became much en- gaged in the celebrated case of Dartmouth College v. Woodward, so well known in the professional and constitutional history of the country. The College derived its corporate existence from a charter of the crown in 1769, appointing Dr. Elcazer Wheelock president, devolving the government upon him and eleven other persons named trustees, who were also empowered to fill vacancies in their own body. Under this charter the College had lived and flourished for nearly half a century, and its corporate rights had never been called in question. But clouds of opposition began at length to muster in the heavens. It was hardly possible that the chief literary institu- tion of the State should help being drawn into the political strife so hotly waged between the two great parties which divided the country. At any rate, the College and its ofiicers had incurred the DarfnioufJi Colleor « 1 ill will of the Republican party. Mr. Barstow, the Republican his- torian of New Hampshire, thus puts llic case in defense of the Legis- lative action of the State: "The trustees of Dartmouth College (so called from the name of its founder and patron, the l£arl of Dart- mouth), had for a considerable time pursued a course calculated to render them unpopular with a majority of the people. Possessing, under their charter from George III., the power of removing mem- bers of their board and appointing their own successors, they had confided the exclusive control of an institution designed for the common benefit to members of a single religious sect and a single religious party. Funds bequeathed to tlie College for the establish- ment of a professorship had been applied to purposes partaking of a sectarian character. John Wheelock, himself a liberal benefactor of the College, and the son of its illustrious founder, had been re- moved by a summary exercise of the powers of the trustees, and a man more subservient to their views appointed in his place." It is not necessary to inquire how far these charges were true ; or to state any facts and considerations in defense of the action of the trustees; the passage is quoted simply as one would cite an author- ity, or refer to the statement of a witness, in the argument of a suit at law. The Republican party having carried the State in the spring election of iSi6, no time was lost in applying the hand of so-called reform to the College. At the opening of the June session of the Legislature Governor Plumer called their attention to the subject in his message, denouncing the charter as " hostile to the spirit and genius of a free government," recommending a radical change in its constitution and government, and enforcing his recommendations by that specious pretext of the public good which is always sum- moned in defense of a political majority which has resolved to invade riglits or property. The views of the Executive received the sympathy and support of the Legislature; and on the 27th of June, 1816, an act was passed giving to the State of New Hampshire complete jurisdiction over 169 ClIAPTFR v. I/O CllAllKK V. Me7noir of yeremiah Mason. the College, enlarging the number of trustees to twenty-one, and changing its name to Dartmouth University. Subsequent acts were passed in the same spirit to enforce the authority of the State, and neutralize the resistance of the trustees, who refused to submit to the law, declaring it dangerous to the best interests of society ; that it subjected the College to the arbitrary will and pleasure of the Legis- lature; that it contained palpable violations of their rights, and was unconstitutional. The Legislature persisted, and by their help two of the original bnard of trustees, together with the nine who had received their appointments from the Executive of the State, constituting a major- ity of the whole number, met at Hanover, reappointed John Whee- lock to the presidency, and elected William H. Woodward treasurer of the University. But three fourths of the old board of trustees refused to obey the law, or surrender the property of the corporation ; and under their direction, the officers of the old College, retaining a large majority of the students, continued their former course of instruction in apartments procured for the purpose, the college buildings being in possession of the trustees of the new University. Thus there was presented in the small village of Hanover the strange and unseemly spectacle of two institutions of learning struggling for the possession of the same property, and in fierce hostility to each other — a state of things fatal to the usefulness of both, and equally so to the interests of literature and education in New Hampshire. As might be expected, every man of infiuence in the State took part with one side or the other, and both parties appealed to the public in pamphlets and newspaper communications; and as an in- fusion of theology never tends to sweeten political discussion, the controversy assumed an acrimonious character, and abusive epithets were hurled freely by each of the combatants. The popular voice seemed to be on the side of the new University, and in the election of 1 817 the Republican party carried the State by a rather stronger vote than in the previous year. Dai^tiiiouth Colles'e Case. The old trustees determined to appeal to the law in defense of their rights, and accordingly brought an action of trover against Mr. Woodward, the treasurer of the University, for the recovery of the books of record, charter, common seal, and books of account, which they alleged to be their property. The defendant set up in defense the laws of 1816, and his appointment under them. The counsel for the plaintiffs were Mr. Mason, Mr. .Smith, and Mr. Webster; for the defendant, Mr. Sullivan and Mr. Bartlett. Never was there a case in New England in which more zeal and ability was shown, for the gentlemen who appeared for the defense were superior men, and upheld the claim of their client with learning and power. At the June term of the Superior Court in Grafton County, 181 7, the case was argued on the part of the plaintiffs by Mr. Mason and Mr. Smith, and on the part of the defendant by Mr. Bart- lett and Mr. Sullivan, and continued nisi for further argument in Rockingham County on the next circuit. Accordingly at the September term of the same year in Rocking- ham County the case was argued anew by the same gentlemen, and closed on behalf of the plaintiffs by Mr. Webster. Mr. Mason opened the case for the plaintiffs. His argument oc- cupies forty pages of Mr. Farrar 's report of the case, published in 1 8 19, and is a model of powerful logic, condensed statement, and affluent learning. He maintained that the acts of the Legislature were not binding, first, because they were not within the scope of the legislative power; second, because they violated the Constitution of New Hampshire ; third, because they violated the Constitution of the United States. The decision of the State court was in favor of the defendant, and mainly on the ground that the College was a public corporation ; and that between the State and a public corporation there is no con- tract which the State cannot regulate, alter, or annul at pleasure. The case was then taken by writ of error to the Supreme Court of the United States, and after a magnificent argument by Mr. Web- ster, the decision of the State court was reversed in an immortal 171 ClIAl'TKR V. 172 Chaiter v. Memoir of yeremiah Mason. judgment by Chief Justice Marshall, on the ground that the College charter was a contract within the meaning of the Constitution, and thus not within the scope of the legislative authority of a State. Mr. Webster's celebrated argument has more variety of illustration and more rhetorical finish than that of Mr. Mason's before the State court of New Hampshire, but all the legal and constitutional points taken by the former were anticipated by Mr. Mason, and stated with not less clearness and force. Mr. Mason felt the deepest interest in the Dartmouth College case, and argued it with all the energy of conviction. In his view it was not simply a controversy between two corporations as to which was entitled to certain rights and property, but the question went deeper than this. It went deeper than the relations between the States and the general government, even to the foundations of civil society it- self. He believed the act of the Legislature of New Hampshire to be a piece of legislative usurpation, and that the State had no more right to transfer the property of Dartmouth College to another cor- poration than they would have to take his house from him without paying for it, and give it to another man. He believed that neither property nor rights would be safe if such powers could be exercised, and he hailed the decision of the Supreme Court as giving fresh security to property and new guaranties to rights. Mr. Mason had for Chief Justice Marshall a veneration and grati- tude such as he felt for no other man, save Washington only ; and without doubt, the moral courage and irresistible logic shown by the Chief Justice in this case had no small share in forming this es- timate. Upon this ]X)int W. 11. Y. Hackett, Esq., a distinguished lawyer of Portsmouth, who knew Mr. Mason well, has furnished me with an interesting illustrative anecdote. One day, soon after Cal- houn's nullification doctrines began to attract attention, Mr. Mason looked in at Mr. Hackett's office and found liiiii readinc: one of Marshall's constitutional opinions. Mr. Mason said : "If John Mar- shall had not been Chief Justice of the United States, the Union would have fallen to pieces before the general government had got President Monroe s yourney. well under way. Marshall has controlled the Virginia politicians by the irresistible power of his logic. He carried so many well in- formed and well intentioned men with him that the mischievous school of Jefferson politicians could not control Virginia against Marshall. Jefferson was a man of many virtues, but he was a phi- losopher, not a statesman. He and Madison did not quite agree, though they tried to agree. Madison's mind felt the force of Mar- shall's reasoning, and never quite adopted the Virginia States' rights theories. John Marshall has saved the Union, if it is saved." After his retirement from the Senate Mr. Mason kept up a corre- spondence on public affairs with his friends Mr. King and Mr. Gore. He also heard occasionally from Mr. Daggett, United States Sena- tor from Connecticut, whom Mr. Mason valued as a sound lawyer, a firm Federalist, and a man of amiable temper and genial and com- panionable spirit. A correspondence begins at this period with Judge Story, which continued during the life of the latter. CHRISTOPHER GORE TO JEREMIAH MASON. Waltham, jidy 4, 1S17. My dear Sir, — The President is here, he rides hard, visits every- thing, and in so rapid a manner that it is utterly impossible he should burden his mind with any superfluous knowledge. This day he breakfasted with Commodore Bainbridge at Brookline, in- spected an arsenal at Watertown, a cotton manufactory at Waltham, examined Mr. Lyman's villa, stopped at my house, ate a straw- berry, bowed and shook hands cordially, returned to Boston to meet the Town oration, the Governor's collation, and the Cincinnati ad- dress and their dinner, take tea at Governor Gray's, etc., etc., etc. I wrote him a note apologizing for not paying my respects in per- son, and saying if he came in this quarter and could call without inconvenience, I should be happy to see him. In that note I took the liberty to say " All cherished the hope that his administration would be guided by a single eye to the public 173 ClIAITKR v. 174 Memoir of ycrcviiah Mason. good, and that all interests would be alike protected and promoted, and that I was persuaded this would redound to his personal, satis- faction not less than to national honor." Mr. Kinc mentioned that he told him it was his intention to visit me if he possibly could. To-morrow he visits the Navy yard, seventy four-gun ship, reviews Middlesex militia, dines with the Governor, and spends the evening with Senator Otis. So we go, and the sooner he goes the sooner will the town and its neighborhood be at rest. With our best regards to Mrs. Mason, I remain Your faithful friend, C. GOKE. JEREMIAH MASON TO THE REV. JESSE Ari'LETON, 1). D. Portsmouth, July 14, 181 7. Mv DEAR Sir, — The President came here Saturday in the after- noon, and set out for Portland early this morning. We have acted foolishly enough, though not in the magnificent style of the Boston folks. As you requested, I asked him the first oi:)portunity I had, whether he should proceed further east than Pordand. He said he thought not, but did not seem to be entirely determined. I inquired of him again yesterday, when he said he certainly should not. That he had wished to go as far east as he could, but that his progress had been so slow that he could not without great exertion get away from the Western Lakes (where he must go) before the time of the fever and ague. I gave him to understand that if he went down to your College you would probably feed him. 1 do not know whether that was the highest possible stimulus for liini. He expresses high satisfaction w'ith New England and the treat- ment he has experienced from the Yankees. We are all well. Truly yours, J. Mason. Contest foi" the Speakers Chair. RUFUS KING TO JEREMIAH MASON. Georgetown, D. C, Sunday, i\wvv//Av 30, 181 7. Mv DEAR Sir, — Mrs. King and myself arrived here last evening, and the form of habit has set us down again at Crawford's. I don't learn that as yet any of the members have arrived here, though the city is said to be pretty full. We occupy our old ajxirtnients to- gether with your room, having had a door of communication opened between it and our front room. We shall both miss and regret the loss of your society ; indeed we can hardly conjecture who are to be our associates. IVIr. Bailey, on the Capitol Hill, will draw a large portion of the members to his extensive establishment, which as I hear embraces all, or nearly all, the houses between the house where he was last year and that in which Mr. Dallas lived. Mr. Otis has taken quarters of Bailey in Dallas's house. Not having been abroad I have heard no news, except that Mr. Gates, whom we met in our road from Baltimore, informed us that there is to be a contest be- tween Gen. Sam. Smith and Mr. Clay for the Speaker's chair. He also said that the President would bring the situation of the Span- ish colonies before Congress in his Message. The opposition to Mr. Clay may mean more than appears on the surface ; mean whatever it may, it must have the effect, if I interpret it correctly, to separate him from the administration, and such separation will begin a new division of parties ; but we had better defer a little while our specu- lations on this matter, as- at present we see very little into it. Our Boston folk have not been honored by an admission to the cabinet. I allude to the office of Attorney-general. What their late choice of a successor to Mr. Lloyd may do in their favor we must wait to find out. To one who finds instruction, as well as amusement, in observ- ing the new lights which break in upon us, the temper of accommoda- tion, the attachment to new friends, and the desertion of old ones, the correction of past errors, by approving what we had believed to be wrong, and the condemnation of what we have strenuously con- tended to be right, the scene of this session of Congress will not 175 Chapter V. 1/6 Memoir of yeremiah Mason. CiiAiTKK V. fail of being sufficiently interesting. But more hereafter. Mrs. King desires me to unite her regards to mine and to present them to Mrs. Mason. With esteem and respect I am, dear sir, always your obedient and faithful servant, Rufus King. JliRE.MlAH MASON TO RUFUS KING. PoRTS.MOUTH, December lo, 1S17. My dear Sir, — I am much obliged by your letter of the 30th of November. Mr. Gore informed me that you had been a little indis- posed. Your being so early at Washington is evidence of restored health, as well as of your continued interest in the public welfare. You certainly have few of the old school to help you. I am how- ever most sincerely glad that you continue in the Senate. I feel a stronger inclination to be with you than I intended or expected, when I resigned. But the considerations which produced it, forbid my repenting of that act. I see by the newspapers that General Smith was soon distanced. He surely had no aid from the administration. The Federal party being extinct, and no other being organized to act in opposition, the present session of Congress must be fruitful in novel exhibitions, affording ample scope for observation and reflection. Nothing like the present state of things has been experienced since the adoption of the Constitution. At the commencement of the government, the deep interest and ardent zeal it excited, brought to its aid and united in action the best talents of the country. I have always sup- posed also, that there was then exhibited a disinterested patriotism and purity of intention, not often found in the administration of public affairs. One may doubt, without being over skeptical, whether the nation enjoys all those advantages, in an unusual degree, at the present time. For the last sixteen years (I think I may say twenty) the government has been carried on by party spirit. What is now to be substituted.'' Will patriotism return, or will Executive patron- Amelia IsIaiuL age and influence answer the purpose? I sliall not be greatly sur- prised if the present Congress should be somewhat torpid and inactive. This disorder will however, as I think, be ot short dura- tion. The President's message (of which I received a copy by your frank) is, as far as 1 have heard, quite satisfactory. The ])resent is not the time for finding fault. The e.\|)edition to Amelia Island excites some attention. The suppres.sion of the establishment, I suppose means the occupation of the Island by a military force. I have no doubt of the justice and expediency of sujjpressing, in some way, that nest of pirates.' Had Mr. Adams, while President, done a similar act, there would have been not a little carping at his authority, notwithstanding such "imperious considerations" as are alleged in justification of the present measure. Is East Florida to be in- cluded in a similar occupation ? I hope there is no danger of our be- ing entangled in a serious dispute for that miserable sand-bank. The recommendation to repeal the internal taxes is what I least expected and most dislike. I had hoped that our experience during the late war had sufficiently demonstrated the danger of relying for revenue wholly on imports. And even were \ve sure of perpetual peace, what would be a more suitable subject for taxation than the whiskey stills ? This is the only tax which tends to an equalization of burdens between the sea-board and interior .States. The estimate now given of the produce of the customs and sales of public lands, is, if I rio'htlv recollect, several millions above the estimate in j\Ir. Crawford's last reports. But if the present is a just estimate, the amount may be easily disposed of with the addition of the internal towns. Why not apply the surplus to the payment of that part of the public debt owned by the Bank of the United States which is redeemable at the pleasure of the Government '^. I shall take much interest in the doings at Washington this win- ter, and shall be obliged by your explanation whenever you can favor ' At the close of tnc ye:ir 1S17, Anicli.i Isl.ind, off the co.Tst of FU.nid.i, was occupied hy a band of lawless adventurers, who were driven off by orders of the United States Government. 177 C'ii.\iTi:u V. 17.8 Mcnioii- of ycj-cmiaJi Mason. CllAPrKR V. me with it without taxing yourself too much. Mrs. Mason joins me in presenting our respects to Mrs. King. W'itli the highest respect, I am sincerely yours, J- Mason. JKKKMIAH MASON TO CHRISTOrilKR Gf>KK. Portsmouth, December 24, 1817. MvDiiAkSiK, — .... I have heard little from Washington more than is contained in the newspapers. At the first of the session there seemed to be considerable expectation that Mr. Speaker Clay would place himself at the head of a new opposition. In a letter I have just received, it is said he will probably attempt to push the President in the further discussion which is soon expected on the subject of the South American patriots. But I do not believe he will o-ain much on that ground. Nor do I believe he will go into opposition. Should he, Monroe will strangle him within one year. I believe, for a short time, at least, we are to be all Federalists and all Republicans. How the Government is to get on, I form no conjec- ture. The situation is no\el. The Government has been carried on so long by mere party spirit, that I expect our rulers will be somewhat perplexed to carry it on by any other principle. They seem already to have lost the scent, and be at fault in the House of Representa- tives, on the subject of internal iniprowments. I should not be surprised if there should be experienced some difficulty in get- ing the Legislature into action. What is to be the stimulus and what the guide .'' Is there sufficient force of enlightened patriotism t Or is the executive patronage and influence so greatly increased, of it- self sufficiently powerful ? What I most regret is the repeal of the internal taxes. Who would have expected that the direful experience of the last year of the late war would have been so soon forgotten .? 1 hope your health is confirmed or continues to im])rovc. Please to present my, with Mrs. Mason's, best regards to Mrs. Gore. I am as always, dear sir, affectionately yours, J. Mason. Political Prospects. KUKUS KING TO lEKKMIMI MASON. CIkorcktown, D. C, 'Jaiiiiary 1818. Dear Sir, — I received aiul am oblit^cd to you for your letter. As yet notliing of interest has occurred in Congress; the apathy which appears to exist must not be regarded as evidence tliat no strong passions are concealed, and waiting only for an occasion to show themselves. An opposition will arise. The President has no zealous friends nor enemies ; but as a sufficient number of rivals may be pointed out, the quiet aspect of things will not continue. Per- haps a difficulty is felt concerning the questions on which the for and against the President are to show themselves. I shall not be disap- pointed if the report concerning Roads and Canals be the occasion that will be used to form an opposition, at least in appearance. If, as is supposed, a large majority disagree with the President in his con- struction of the Constitution, and after a debate of the question shall vote accordingly, it will be a beginning; and the next debate, that may be on a question to recommend to the President to re- ceive a mission from Buenos Ayres, (which the President may do without such advice,) may more clearly disclose personal views and political hostilities, and terminate in the more distinct appearance of a new opposition. The .South American question, just as I have stated it, is one in which great unanimity is said to exist among the men of the West, and therefore a favorable occasion for their leader to appear and to draw towards him the regards of those who may be willing to ele- vate and follow him. Crawford, it is whispered, cannot support himself on his salar)', and talks of retirement. Whether this be the real motive, or an unwillingness to figure in the approaching contests, or whether the whisper be correct, we know not. Mr. Clinton will be backed by the mammoth State, as Mr. Giles called us, and his canal is persuasive also, in Ohio, Indiana, and among the back men of Pennsylvania. Mr. Adams is understood 179 CUAI'l'lK V. i8o Alewoir oj ycTCUuah Mason. Chaitek v. to have the favor of all the good patriots of New England, and John Holnies at their head is to be his Guy of Warwick. All these competitors, whose numbers, by-the-by, lessen trouble to Mr. President, will make rare sport for the amateurs. To be a litde more sober, I think it is quite impossible as yet to determine what new controversies or parties, are likely to arise. So far as I can conjecture, the remnant of Federalism here is disposed to look on. Mr. Otis of Boston has been with us, but left the Senate a week ago or more to hold his court, which will continue the suits and allow him to return. If he really expected anything, I fancy his hopes were not raised by the weeks he passed here. With sincere esteem and respect, I am dear sir. Your obedient servant, Ruius Ki.ng. IJAVll) DAGGKTT TO JERKMI.MI M.\SON. Washington, jrautiary 5, iSiS. Mv DKAK Sir, — Your favor of 28th December is received. .Should the bill for internal improvements be passed, after the dec- laration of the President, it probably will be done with an intent to support an opposition, and this subject will be resorted to as the most popular. The requisite majorities can hardly be expected, and it is not cci-taiii that they will be desired. The Federalists, as you justly remark, can make no opposition. They arc quiet and, as far as 1 know, disposed to remain so. Can a government constituted like ours long continue in the torpid state which now appears .'' A patronage of millions will be an object of ambition. You can believe that at least three gentlemen are not unconcerned about the next Presidential election, and at least three hundred have some anxiety about elections or aj^pointments of less imj^ortance. In this condition, what more natural than that another parly .should arise.-* Materials are not wanting to form it. I'hese remarks are, of course, inter nos. In connection with the foregoing observations, you will bear in mind the thorny state of our relations with Spain, and the Mrs. Monroe s Drawing-rooiiL strange situation of our affairs at the South. Is AmeHa Island ours by conquest? What shall we do with it and its inhabitants and garrisons? Assuredly we may look for matter of much interest from these sources, and you perceive a great conflict of opinion among "brethren of the same principle " on this subject. If the Executive is supported in his views, by.wwt'of his principal officers, others 7nay think and act very differently. Enough of prophecy. A bill for a bankrupt law is again reported (I think the one of the last session). A very general, not to say uni- versal, opinion exists in favor of such a law. The discussion of its details will doubtless be tedious, but I think it will pass in some form. The mercantile interest demands it. It now seems abso- lutely necessary to relieve the nation from partial, and, I may add, swindling insolvent laws. A system of internal revenue, in my judgment, is just and proper at all times, but I heartily concurred in the late repeal, because the land stamp had already been dis- continued, and the license tax and carriage taxes are vexatious and unequal. Indeed, when Congress refused to continue the land tax, I considered the system as destroyed. We cannot in this country maintain such a system in any times except those of immediate peril. And now, with my kind regards to Mrs. Mason, a word for her. Mrs. Monroe opened her drawing-room (in the Palace), for the first time this season, on New Year's day. The weather was fine, and the assemblage brilliant and numerous. The furniture is more splendid than I had before witnessed ; but of this, as well as of the dresses, I can give no description for want of the appropriate lan- guage. Mrs. Monroe wore an Italian hat with a very beautiful white plume, and she so contrived both, as to set off to the best advantage, every iota of her handsome face. Her de]K)rtment was graceful and dignified. It is well understood that dining parties and levees are to be continued as formerly, but Mrs. Monroe dec/incs reiurjiing visits. Our session has hitherto been very peaceful ; no subject will probably create much agitation, except that which i8i ('lIAPTKR v. lS2 Memoir of ycremiah Alasoii. ClIAlTER V. regards the Southern patriots and pirates. Probably the judiciary may undergo some important revisions, but of this I am by no means certain. Aaron Burr once said, that " Every legislature was a d — d Jacobinic club with respect to the judiciary." I shall at all times hear from you with pleasure, and should any- thing occur here worth communicating, and perhaps without such occurrence, you shall hear from me. Very sincerely yours, David Daggett. JEREMIAH MASON TO JOSEPH STOKV. I'oRTSMULTii, yanuary 6, iSiS. Mv DEAR Sir, — I feel myself much obliged by your letter. I do not expect to attend the session of the Supreme Court of U. S. this winter. Although I had become .somewhat tired of Washing- ton and its bustle, I confess I should like to see again, for a short time, some of the faces collected there. But were there no other reasons, my engagements at our Superior Court would prevent my undertaking that journey at the present time. I am endeavoring to pick up my old law habits, which, as you once told me, are usually much endangered by a residence among the politicians of Wash- ino;ton. I noticed the movements in Congress towards a new organization of the courts, and think it probable something will before long be done on that subject. There may be differences of opinion as to the form and manner of organization of them, but the better informed will agree, as I think, in the necessity of establish- ing in some way new circuit courts. It is not probable those courts will be made to consist of the present district judges, as has been sometimes talked of, but new judges will probably be ap- pointed. I am fully sensible of the value of j-our favorable opin- ion, and of the kindness of the wish you c\i)rcss of seeing me in a judicial office. I do not think it necessary or proper for me, in speaking to you on this subject, to affect any prudery. Could I suppose myself tolerably qualified for it, such a situation must Admiralty yiirisdicfion of U. S. Courts. oubtless be acceptable to me. It would be unwise for me to say thus much publicly. For, however willing I might be to accept it, I should not dare flatter myself with the expectation of the offer of such an appointment. Should there be occasion of appointing judges in this circuit, so numerous would be the apj^jlicants, such interest would be made, and such management used, that there woukl be little chance of the offer being made to me. I have no reason to suppose myself personally obnoxious to the ill-will or dis- pleasure of those whose duty it would be to make the selection. But I know of no ground on which I could found any special claim of merit with them. In the present state of public opinion and feeling, no reason is apparent why a very strict conformity in political creed would be deemed necessary. Were that the case, I could jjrofess no readiness to abjure heresies, but I could safely declare that according to my view of the mysteries, yoii Icanicd doctors of the orthodox sect are in the constant habit of indulfriner both in word and deed In all the heresies and sins I feel any affec- tion for. I have just been reading in the second of Gallison, your opinion on the admiralty jurisdiction of the courts of U. S. I intend to read it again, and with more minute and critical attention. As far as I understand the subject, I really think you have settled the question. I have also read your decision concerning G. W. Campbell's remis- sion of penalties.^ Should he chance to see it, he will certainly think there is a necessity for establishing new courts. I am, with much esteem and respect, dear sir, Sincerely and faithfully yours, J. Mason. JOSEl'lI STURV TO JEREMIAH MASON. Salem, yaiiuarv 9, 18 18. Mv DEAR Sir, — I have the pleasure to acknowledge the receipt of your favor of yesterday. I hope that Congress will create cir- ' Ml. Mason refer.s to the case of The Margavctta and Cargo, 2 Gallison. 515. 183 Cll.M'TKR v. 184 Memoir 0/ yercniiah Mason. ChaiterV. cuit courts on the plan of the Judicial Act of 1801 ; and I shall j use all my little efforts for this purpose. In case a new system I passes, I do not think that the President ought in the slightest degree to consult political opinions ; but ought to select the ablest I and the best men. It seems to me that this course is so obvious, both for the dignity of the government and the good of tlie public, that the President will have no adequate temptation to deviate from it. In relation to candidates for office, I should on ordinary occa- sions feel a delicacy in approaching the Executive ; but as to judi- cial appointments, especially within my circuit, I feel it almost a duty to give him exact information. If therefore, a new court is created I shall certainly bring before him the merits of the various professional gentlemen who are entitled to be considered as candi- dates for such appointments. I shall do this on public grounds, and sliall most explicitly recommend you for the highest judicial office, because I am most decidedly of opinion that your learning, talents, and rank equally entitle you to it. I need not add that I shall in no degree feel myself prompted to this act by my private friendship and respect for you, strong as these are, but by motives of public good, by a desire to sustain the honor and the independ- ence of the Bench, and through them of the government itself. In addressing myself to the Executive, however, I shall carefully ab- stain from the slightest intimation to him that you would accept such an office, or even that I felt at liberty to entertain such an opinion. This course I deem proper, lest I should otherwise seem to seek what ought to be most earnestly sought by the government itself Perhaps I may be wrong in supposing that I shall have any influence with the Executive in such an appointment ; but if so, I am sure he cannot be ignorant of the very high rank which you hold in the profession, and how entirely acceptable to the public would be your appointment. If anything should occur of a deci- sive character, I will do myself the pleasure of writing you from Washington, whither I go in about ten days. If I shall have the good fortune to have your suffrage as to the Admiralty jurisdiction. Judiciary EstablisJnncnt. it will greatly strengthen m)' opinion, which I confess I have not yet seen the least reason to change.' 1 am, with the highest resjiect, Your most obliged friend and servant, Joseph Stokv. jI';ki:mi.\ii mason to joskpii stokv. r<.)RTSM()nTH, January 15, 1818. Mv DEAR Sir, — I feel myself not only much obliged by the kind sentiments, but much honored by the favorable opinion ex- pressed in your letter of the 9th instant. If the Administration and their confidential friends will assent to it, I have no doubt the best chance for success in attempting to amend the judiciary establish- ment, would be on the plan of the Act of iSoi. That would save the labor of getting up a new bill, and settling the details, and would also have the advantage of experience on its side. When this subject was talked of the last session, it was said that the then President and his friends would not like a revival of the old Act of 1801, for fear of the appearance of inconsistency in reviving an act they had formerly repealed. I know not whether there was any foundation for the suo-aestion. I heard it from no authoritv. I should not think it probable that Mr. Monroe would, at the present time, be influenced by any such apprehension. Were it admitted that when that act was repealed there were sufficient reasons for it, surely it cannot be said those reasons now exist. The circum- stances of the country are materially changed, and the duties of the judiciary vastly increased. Of this, the frequent application for new courts from various cfuarters, is sufificient evidence. In let- ters from Washington, I am told there is considerable talk of doine something on this subject, but that the result is very uncertain. In ' Judge Story here alludes to liis judgment in the celebrated case of De Lovio v. Boit t-t ai., 2 Gallison, 39S, maintaining that a policy of insurance is a maritime contract, and therefore of ad- miralty jurisdiction. After much discussion, and some difference of judicial opinion, the doctrine of this case has been recently affirmed by the Supreme Court of the United States in Insurance Co. f. Durham, 11 Wallace, I. 24 185 ClIAI'lKK V. 1 86 Memoir of JcrcunaJi Mdson. ciurTER V. ' one of them is repeated a saying of A. Blut, " tliat every legisla- ture, in their treatment of the judiciary, is a d — d Jacobin club." There is certainly nothing in a good judiciary likely to attract the favorable regards of a Legislature in turbulent party times. The dominant party in such times can expect no aid in furtherance of some of their measures from the judiciary. Indeed, both parties having unreasonable expectations of aid from tlie judiciary, are usually disappointed, and-are apt to view it with jealousy. And as it has nothing to offer to appease or attract either party, neither will hazard much for it. The Legislature at present seem greatly re- lieved from the influence of party spirit. The situation is new, and affords ample matter for observation and reflection. It may not be easy to foretell what the government would do were this quiet state of peace to continue long enough for the adoption of perma- nent measures. Would to God the experiment might be fairly tried. But it is whispered at Washington that a new party is soon to be formed. I know many idle conjectures are constantly formed and buzzed about in that place, and sometimes gain a degree of credit they are in no way entitled to. I can see the recurrence of no cause likely to produce any strong party division during this Congress. Whatever jjroduces it must be in relation to the next Presidential election, which is yet too remote to justify the expo- sure of arrangements for it by any candidate. But however this may be, I certainly think the present a very favorable time for the Legislature to act on the subject of the judiciary. Should the ex- ecutive government be favorably inclined to an establishment sim- ilar to that of iSoi, I think there is great probability of its being effected. Against the wish of the Executive and encountering the obstacles which that department can easily raise, I do not l)elieve anything can be done on the subject. I am, dear sir, with much esteem and respect, Truly and faithfully yours, J. Mason. Successor io Mr. Monroe. 187 JICKKMIAir MASON TO RUFl!S KTXO. PoiiTSMoui'ir, jfaniiary 27, 1818. Dkar Sir, — I am much obliged by your letter of the 3cl of Jan- uary. I Iiatl not supposed it probable that the rival candidates for the next Presidency would have exhibited themselves at so early a period. The next Congress would seem to be soon enough for that. A premature exposure of their pretensions must tend to the security of the present incumbent. It is reported here that Mr. Monroe intends bona fide to make his Secretary of State his event- ual successor, and that he will in due time give evidence of such intention. Of course we are all to give our utmost aid to secure the inheritance to the present occupant, during his lawful term of eight years, in hopes thereby to obtain the reversion to ourselves. In confirmation of this, it is said the Secretary is very desirous of keeping New England quiet. That he has advised his friends in Massachusetts not to set up a candidate, nor make any opposition to the reelection of Governor Brooks. I believe the latter report to be true, and that his advice will have good influence. If the President is attacked for his conduct towards the patriots of South America, New England will, as I think, support him. In- deed, be the ground of attack what it may, the Yankees will not at present join in it. They have become tired of opposition, which has given them no profit, and not much credit, and are now in- clined to try the opposite course, and sing the " Vicar of Bray."' While in opposition, our force being paralyzed by division, we effected nothing. 5hall we have success, when united in a course of subserviency .'' My namesake, of Boston, I am told, is disposed to act a consider- able part.^ He is to occupy neutral ground, and perform the office of mediator. I know little of him personally, but have lately heard pretty good judges, who knew him well, declare that he had capac- ity and talents of a higher order than the public give him credit 1 Mr. Joii.itliaii Mason, who was a representative from Iloston from 1817 to 1S20. f'HAi'ri:u V i8S Chai'ikr v. Alcmoir of ycreiuiah Mason. for. Mis election t;ave no dissatisfaction to many of the Bosto- nians, who ostensibly favored the election of his opponent. The good people of Massachusetts are desirous of relieving Mr. Otis from the burden of one of his offices. I am informed that it is firmly determined that he shall quit either his judgeship or office of Senator. Tiie lawyers of Boston, some of whom want the afore- said judgeship, comjilain loudly. A late statement by the judges of the Supreme Court to the Legislature, proposing the imposition of more duties on the judges of inferior courts, bears directly on him. I hope a Bankrupt Act will pass this session. The act of 1801, not being well understood at first, was in some of the States badly e.xecuted. The system had just become familiar when it was re- pealed. The vesting of the appointment of commissioners in the President, by a subsequent act, was in my opinion injudicious. The President, not having the requisite knowledge of characters, is less able to make proper selections than the judges. It is also, as I think, expedient that the commissioners should be dependent for their appointments on the judges, which would best secure a dili- gent attention to their duties. As their doings come often under the examination of the courts, their misconduct or negligence being known would prevent a reappointment, if to be made by the judges. I am, dear sir, with high respect, your faithful servant, J. Mason. JKKKMIAII MASON TO CIIKISTOPHEK GOKE. Portsmouth, yanuary 29, 1818. Mv di:ar Sir, — I am much obliged by your letter of the 6th January. It seems there is a confident expectation at Washington that a new opposition party is soon to appear. All my information tends strongly to that point. I did not expect to see much of an opposition this session, or even during this Congress. And I still am inclined to believe the Washington prophecy antedates this The Presidential RIeeiiou. event one year at least. You know tlie politicians there, having leisure enough for it, are apt to amuse and sometimes heat them- selves with rejjorts of plots and conspiracies which never existed, except in imagination. While we were there, many reports of simi- lar nature gained credit for a time, and then ended in nothing. As far as I understand, it is expected that Mr. Speaker C. is to head the opposition, and to rest himself at present chiefly on the Presi- dent's treatment of the patriots of South America. In that war- fare, I think Mr. C. will find few allies on this side the Alleghany. I believe the nation generally, with the exception of the Western men of war, is well satisfied with the conduct of the government toward the Spanish Colonies. If there be any fault, it is in not sufficiently restraining the fitting out privateers in our harbors under the patriot flags. This neglect will be no crime in Mr. C.'s view. Whether the expulsion of Commodore Aury and his rene- gadoes from Amelia Island, and the occupation of it by our troops, can be justified under the Secret Act of iSi i, or whether it comes within the general scope of the executive power, may be very doubtful. But as it is generally assented that something of the kind ought to have been done by somebody, the President's author- ity will not be very severely scrutinized, unless some misfortune to the country comes from it, which is not jM-obable. He must take care that Aury, now desperate, does not, after being dismissed with his privateers, indemnify himself for his loss at the expense of our merchants. Perhaps it would have been as w^ell to have hung him, and confiscated his vessels, which, if he is a pirate (as the President asserts), was our proper security against future trouble. Neither on this, or any other subject, can an attack be made at this time on the President, with any prospect of support. The nation at laroe seems to like the present tranquillity, and freedom from party alter- cation. It has the recommendation of novelty. I think no new party can be formed but with a direct view towaixl the next Presi- dential election, which is too remote for present calculation. If Mr. C. pursues this project with his usual boldness and want of cau- 189 ClIAPTF.R V. 190 Chapter V. j\/inu)ir of ycrcniiak Mason. tion, he stands a good chance of being strangled at the end of two years. .Mr. Adams' advice to his friends to support Governor Brooks, shows his an.xicty to keep the good people of Massachusetts quiet. He will certainly be somewhat perplexed with your State claim. I suppose your friends arc not desirous of preserving that source of popularity any longer, but are willing to have it extin- guished. Your Legislature appear to be disposed to relieve Mr. Otis from the burden of one of his offices. His declining the prof- fered military rank has no effect. Will he abandon his salary or senatorial dignity .' If the latter, you will have to look out for two new Senators, as I am told Mr. Ashmun intends this for his last visit to Washington. Mrs. Mason, as usual, desires to unite with me in regards to Mrs. Gore. I am, dear sir, with unabated esteem. Sincerely and affectionately yours, J. Mason. DAVID D.\GGETT TO JKKEMIAII MASON'. Washington, February 10, iSi8. My dear Sir, — Yours of 26th January was duly received. I now send you a pamphlet just published by Charles K Mercer. It may afford you a moment of amusement, but 1 am quite sure the perusal of it will give no real pleasure to either of the parties. Perhaps you have read the speech of Mr. Thompson's successor, on the slave trade.' Judge Tait, whom you know sits just behind me, and is not the most placid man in Christendom, was so enraged at it that I was obliged to interfere and tell him that M. was a good Republican, and yet I thought if he did not preach better in future, his license ought to be taken away. The Democratic press at Philadelphia is attacking Clay with great virulence. The author is a certain Mr. Inchiquin- of "blessed memory." Bledsoe in the Senate, and Bibb in the House of Representatives of Kentucky, you see are aiding 1 Mr. Daggett here prob.ibly alludes to a speech by Mr. David L. Morrill, Senator from New Hampshire, on the African slave-trade, delivered in the Senate, January 12, 1S18. - See Benton's AbriJgmenI, vol. vi. p. l6. s Inchiquin was the pseudonym of Charles J. Ingersoll. Mrs. Monroe s Draiviiio-roovi. 191 in the Spanish patriot cause ; and Pope and liis friends, in their turn, are lashing Clay for his opposition to Monroe. Talbot told me, last evening, that every member of their Legislature ought to be put in irons for making their thirty-nine new banks. He says by their charters, not a dollar of specie capital is required, and that it is done from hostility to the National Bank. I think Kentucky is in a very hopeful way. Their Legislature is to pull down Old Spain and overturn the National Bank, and their College or University is to furnish the world with sound literature and religion under the auspices of President Holley. The claim of Beaumarchais is again pressed upon us. It will probably now under<>-o a very thorouoh investigation, and a report will be made which will terminate the question one way or another. It is very hard to bring either House into the discussion of the Bankrupt Law, or into anything relatino- to the judiciary. Topics of more immediate interest, though of minor importance, take the preference. I forget whether I told Mrs. Mason about the Queen's drawing-room and her dinin"-table. They are splendid enough for any Republic. The plates are of beautiful French china, with the American coat of arms in the cen- tre. The plateau (I believe they call it) is magnificent beyond anything I ever witnessed. Mrs. M. does not return visits. Her daughter, Mrs. Hay, and niece. Miss Goreman, act for her in that ceremony. Mrs. Adams (J. O.) is taking the same course, which, as will easily be imagined, causes some heart-burnings. We have a very pleasant time in the Senate this winter. I think you would be more pleased were you with us, than at any former session. The thorny questions about the war, seem to have subsided, except those growing out of the Massachusetts and Connecticut claims ; they will linger and finally be paid. Old Father Morrow takes good care of the land; Mr. Tait nurses the navy; Williams adheres closely to the military ; and Goldsborough, to the District of Col- umbia. The city is now thronged with strangers, and many of them of much consideration. The Supreme Court, as you know, is sitting, and that brings some distinguished men. ClIAI'[ER v. 192 Memoir of 'jcrciniah Mason. c.i.vriEK V. Meade's affair ^ has excited some spirit in the House ; it will prob- ably lead to nothing of much importance. With particular remem- brance to Mrs. Mason, I am \ery sincerely yours, David Daggett. RUKUS KING TO JEREMIAH MASON. Man-h, 1S18. Dear Sir, — I ought sooner to have acknowledged and thanked you for your letter; but having nothing to communicate of any con- sequence, I have omitted, and for the same reason might still omit, to do what civility required. Except the Bankrupt Bill, which has been rejected in the House of Representatives, no measure of im- portance has been even debated. The West and the South seem to have arrayed themselves against the Bankrupt Bill. This is hardly fair; as we have stipulated in favor of the security of their labors, and in doing so, in some sort disregarded long settled opinions in relation to slavery among ourselves, we might in return expect that in a matter about which they are little concerned, and scarcely at all interested, and which so deeply and exclusively aflccts the com- mercial States, they would be disposed to consent to a measure that the experience of all the commercial nations has sanctioned. Perhaps the measure may hereafter be resumed and with better success. I perceive no material difference in Congress now, from what it was at the commencement of the session. There is no party for, and none against, the President. Should the latter appear it would probably create the former. Tiiere are whispers and sneers, about too much formality, etc., rich furniture, and a reserve some- what beyond the plainness and simplicity of republicanism. The Cabinet too is said to be ill assorted; its members mutually jealous of each other and not over often consulted. How these ' Ricliard W. Mende, xm .\nn;rican citizen, and n.ivy agent of the United States at Cadiz, was im- prisoned in Spain upon a judgment obtained ag.iinst him in the courts of that country as assignee of a bankrupt. The Mouse of Representatives adopted u resolution to support the President in any mcxsures lie might .idopt to obtain his release. Mr. Monroes Cabinet. 19. things may be I am not able to tell you. I can well imagine that the Department of State and that of Treasury are not very likely to be cordial or conridenlial. Rivals do not consult each other, nor are they more likely than others to agree in opinions in which they have no personal concern. The Secretary at War is a young man, with honorable views, so far as I have understood them, but at present cannot be supposed to have great intluence in any direction ; and as to the Secretary of the Na\y, his value must ever\where de- pend on his being placed so that he may count something. Of the Attorney-General I have heard very little; personally I am not able to say anything. The Virginians say, as our tViend Lewis used to do, that he is a high-minded man ; though as a lawyer I have heard that Webster appeared with great advantage in opposition to him in the Boston question, turning on the point of State or United States jurisdiction. The President continues that same course of profession which was so engaging in the course of his eastern tour. This is more befitting a Secretary of State, who decides nothing, than the President who decides all things. I think it cannot be continued without becoming insipid, unless he gratifies by perform- ance, as well as by expressions of regard and good will. That he would do so, I am disposed to believe, if he dare ; but notwithstand- ing we are all Federalists and all Republicans, that means in the .sense of the motto of the Prince of Wales, — we may all support but only a part be rewarded. If Mr. A. or Mr. B. have believed by broad avowals of fidelity and support, that the past would be forgotten, and that they would be permitted to share the children's bread, they will find themselves, at least for a time, and I cannot tell for how long, disappointed. That New England is ready to serve and support, I do not doubt; but yet for a time the government will be critically sit- uated, if it can be supported only by a majority that would not ex- ist without New England. So much for domestic aflairs. A word or two respecting foreign concerns. Our Spanish negotiation is just now at a stand, and the Depart- ('iiMMr.K v. 194 Chaitkr v. Aloiioir of yereviiaJi Mason. ment of State is soon to send in a report, that will show that we are now precisely where we were in 1805. Spain concedes nothing ; the United States relaxes nothing. Spain would cede the Floridas for the Territory of Louisiana west of a line a few miles west of, and corresponding with the Mississippi. This we decline, and Spain is told that when she shall offer a more reasonable arrangement, the United States will receive and consider it. In this state of things, England announced that she had been desired by Spain to mediate between her and us ; that she had answered, that to do so she must also be asked by us. To this communication England has been informed that we decline her mediation, as we shall do the mediation of any other power, — this claim is added to pre- clude a like offer from Russia. The South American question is assuming new interest. Rus- sia has sold four ships of the line and three or four frigates to Spain ; and the money that England is said to have engaged to give Spain to accede to the abolition of the African slave-trade in 1820 is to pay for these vessels. The sale of these ships was not known, until publicly announced either by the English Ministers in Petersburg or Spain. It ex- cited some attention in England and Lord Cathcart was ordered to ask an explanation of the Court of St. Petersburg, and whether Russia was about to take any part with Spain against the colonies. The answer was, that the transfer was a mere fiscal operation : the sale of ships not wanted for money much wanted ; and that Russia would take no part between Spain and her colonies ; and consid- ered the sale of the ships as an unessential and mere fiscal afiair. These ships are destined to accompany a grand expedition against Buenos Ayres ; and as Mexico is almost or entirely tranquillized, treasure from this quarter to a great amount has been, and is in the course of being remitted to Spain, with which ships, soldiers, and the other things requisite for the expedition are to be obtained and dispatched so as to reach Buenos Ayres toward the month of Sep- Foreign Politics. 195 tember and in season to enter upon their operations in the spring of that hemisphere. While all these things are going on, the views of England are understood to have undergone a change in respect to the dispute between Spain and Portugal. The latter seized upon Monte Video on the River Plata. In the course of the last summer a strontr note was delivered to Portugal b}' the five great powers, which was nearly equivalent to a demand that Portugal should deliver up Monte Video to Spain. This has not been done; and England, as is said, is now of opinion that Portugal ought not to deliver up Monte Video until the question of the independence or submission of the Spanish colonies be determined. As it is almost indispensable to the projected expedition that Spain should have ]\Ionte Video, this change of policy in England is a very significant proceeding. That England has altered her views, though not certain is very probable. She has announced to our government that she has been desired by Spain to mediate between her and the colonies ; that she has as yet decided nothing, but that she will mediate only on the basis that South America shall be commercially independent, that her trade shall be equally open to all nations, etc. England has promised further and full communication on this subject to our government. Now such a mediation terminating successfully is to Spain equivalent to the loss of her colonies. In these circumstances if Congress take the subject of America into their consideration, they ought in prudence to postpone any decision, and so I think they will do. These views and communications of England seem to look to the breaking up of the great European alliances, to a state of things in which England may be more and more excluded from continental connection, and more and more impelled to look to arrangements in America and with the United States, that shall prevent their associa- tion with those who may hereafter and at no remote day combine against her. But this, as you must perceive, is mere speculation. I cannot even CiiArrKR v. 196 Memoir of yereiniah Mason. CiiAPTKk V. review the sheets that 1 liave filled ; if you can make them out, it will cost you 1 fear much more than they arc worth. Yours truly, R. K. JEREMIAH MASCJN TO CHRISTOrilER GORE. ruKTSMOUTH, March 5. 18 18. ■ Mv DEAR Sir, — During the last four weeks, I have been con- stantly engaged in the business of our Supreme Court, which has occasioned the delay in my answering your two last letters. 1 am confident the accommodations for your boys at Judge Pcabody's will prove satisfactory. I had not supposed it would have been agreeable to him, and for that reason probably should not have applied to him. If my children go, I should prefer that place for them to any other in E.xeter. I am not yet determined as to send- \ ing them. We have a young man here under whose instruction ' they are now doing much better than heretofore. Of late I have heard very little from Washington. 1 do not think anything of much inijjortance is doing there. 1 am sorry they did not pass the Bankrupt Act. On the whole I think it would prove beneficial to the commercial interests of the country and not inju- rious to any other. The present Congress have shown as much ingenuity as their predecessors, in getting up great debates on little subjects. They have certainly shown a very notable disposition that way in their jiroceedings relative to poor old St. Clair and the other Revolutionary worthies. What can be the cause of this extraor- dinary zeal towards these relicts "^ I do not e.xpect Congress will do anything of much importance till new parties shall be formed, and of that there seems no immediate prospect. In most cases there will be so many conflicting views and interests, that a majority will seldom be found united for action in any important matter. Perhaps this state of apparent apathy and indolence is not to be regretted. The irritation and excitement of past years, has certainly done no good to the better side, and I do not believe their continu- Fedei^al Party. 197 ance would do any good to the best interests of the country. I agree with you, that FederaHsts have nothing to expect in the way of ap- pointments to office from the present administration. Were this a main object with them, as it certainly ought not to be, there is no probability of their soon attaining it by any probable change. The old Federal doctrines, as first delivered by the true apostles of that faith, will never again be extensively professed. But with new glasses, I think, they are coming gradually into use. The truth is, you an- cient apostles expounded your doctrines in a manner ill-suited to the corrupt taste of your hearers. You flattered none of their appetites, but insisted that they must love and practice virtue for its own sake. You divided the saints from the sinners, and the latter being always a majority soon burst open " the doors of honor and confidence." It is not probable they will soon consent to have these doors shut against themselves. As there is no chance of reclaiming these sin- ners, I do not think it worth while to be constantly pi'eaching to them or ciuarreling with them. The olier of England to mediate between us and Spain, at the desire of the latter, looks as if the misunderstanding was of a more important nature than I had sup- posed. I think with you, our government would do wrong to accept the mediation. I cannot believe there is any manner of danger of war from that quarter. The motion of Mr. I-'orsyth in the House of Representatives, for information of the state of the negotiation, can be intended only to frighten the Don. Mrs. Mason desires to join me in kind regards to Mrs. Gore. I am sincerely and affectionately yours, J. M.A.SON. CHRISTOPHER GORE 'rO JERE^^AH MASON. Waltham, March 20, 1818. My DEAR Sir, — The parties at Washington seem to be forming under the two questions, — of South America and the appropria- tion for canals. Clay and Forsyth appear to put themselves for- ward as the champions. Chapter V. 19^ Memoir of yereviiak Mason. Chapter V. England, in her sweet and amiable disposition, is to give .Sjjain four or five hundred thousand pounds for her consent to abolish the slave-trade at some future day. This sum is to be paid to Russia for the ships supplied by that power. Russia was asked by England at Petersburg, if she meant to depart from her neutral- ity, and take part with Spain against her colonies. The reply was definitely no. She only merely sold the ships. England will me- diate between Spain and her colonies, on the condition that the lat- ter shall have a free trade with all the world without preference to any part. Such a mediation would be useless to Spain. England has explained herself partially, and promises that she will fully, to the United States. -Spain and Portugal are at variance, as you know, about Monte Video. Last year, as you will recollect, the allies delivered a strong note on this subject. England now, we are told, has taken the part of Portugal, and wishes her to retain possession of Monte Video, at least temporarily. One would suppose from these things, the alli- ance was not like to continue forever. The state of the war in South America is not accurately known. Spain, we understand, will make one great effort about September next to conquer her rebellious subjects. If she fail then, her case must then be considered desperate. As in all probability the colo- nies will at no very distant day be free from the metropolitan coun- try, it seems advisable to many now to show their good disposi- tions in order for future favor. I regret with you that Congress did not pass a Bankrupt Law. Such a system is necessary to commercial States, and for that reason I presume was not acceptable to the South and West, with whom our patriots seemed to unite. Our best regards to Mrs. Mason. Sincerely and affectionately, I remain Your friend, C. Gore. Mr. Pi7ikneys Embassy to Ahiples. DAVID DAGGKTT TO JKRKMI All MASON. WAsiiiNd-ioN, yl/(?n-// 1 8, 1818. Dear Sir, — I thank you for your letter of 5th inst. Tom Paine, speaking, or rather writing of some one, says, " He went up like a rocket and came down like the stick." That is evidently true of a certain great man from Cyrus King's district. He has attempted as a politician, so much wisdom, and such a desire to be admired by everybody, that he has ceased for weeks to be regarded by anybody. His friends, however, still uphold him as a lawyer, but in the Dart- mouth College Cause, he sunk lower at the bar than he had in the Hall of Legislature. The opinion was entirely uni\crsal, that Web- ster rose superior even to Wirt, (though it is said that he ap- l^eared very well,) and infinitely so to Holmes. The great question of internal improvements, seems almost jaded down. Clay has not succeeded at all at this game. Monroe has gained rather a tri- umph. Probably it will not be agitated again at this session. The skirmish respecting the petition of the patriot agent, proved very unfortunate for the opposition. It is said that the Speaker will cer- tainly propose that some of the Provinces shall be acknowledged independent, and that on that question he will come out as large as life against Mr. M. He will, however, be foiled. The furniture question will make some noise. It seems an appro- priation of twenty thousand dollars has been greatly exceeded, and that the House is still almost empty. I tell our good Republicans to be quiet; Republicanism always adores show and parade in its friends. Have you seen a history of " Pinkney's Embassy to Naples .^ ^ " I'll send you a copy by this mail, if one is to be had. 1 " William Pinkney, the former ambassador to London, appointed in Bayard's place as Minister to Russia, had been also commissioned to take Naples in his way, and to ask payment for the vessels and cargoes formerly confiscated by Murat. But the restored IJourbon Government seemed to think it strange, as appeared from the correspondence now laid before Congress, that this demand had never been pressed upon Murat himself during the years he had continued in power. They disclaimed any responsibility for the acts of a usurper by whom they had suffered still more than the Americans ; and. notwithstanding the display of a naval force before Naples, — the new seventy-four }Vasluni;ton, 199 Chapter V. 200 Memoir of ycreiniah Mason. CiurTERV. It seems he undertook to be very cunning, but on the whole, the I Italian was up to him. That mission was indeed disgraceful, and the Senate degraded the body by yielding to Madison's impudence. Its issue is such as all men of forecast predicted. 1 hear little and see nothing of Adams. He declines calling on Senators, I understand, and his wife refuses to return the visits of the ladies. He however gives parties, and is, I am told, quite splen- did. Of his political course nothing is said, except once in a while it will be gently suggested that it is out of the question as to his being President. We have a valuable acquisition in Burrill and Crittenden. Eppes is a man of some grit, and not troublesome. Barbour continues his ore rotundo eloquence. " My maxim, Mr. President," said he the other day, " is fiat justitia mat ccehnn, and leave the balance to Heaven." His wife has been here with him, and is a very excellent woman, as many of the Virginia ladies are. If my business will permit, I shall visit your place the ensuing summer, in which case I shall certainly call on you and Mrs. M., to whom please tender my regards. Yours very respectfully, David Daggett. JEREMIAH MASON TO kUFUS KING. Portsmouth, April 13, 181S. Mv DEAR Sir, — I am greatly obliged by your letter (without date) received about three weeks ago. I was struck with your views of our public concerns, some of which were entirely new to me. I think the present session of Congress, which has been so peaceable and done so little, must terminate in worse humor and with less placid prospects than it commenced. Storms threaten sooner than I expected. I had anticipated for the country a few years of quiet rest, during which the strong jealousies and angry and sevcr.-»l sloops-of-nar, — rinkncyliad left for Russia without being able to obtain any recognition of the claim." — Hildreth's JJUlory 0/ the Unite J Slain, vol. vi. p. 610. Mr. Pinkjieys Mission to Naples. passions might, in some measure, subside. I still think a great majority of all political parties are desirous of remaining at rest. They have become fatigued with [)arty dissensions, and expect no benefit from their continuance. But our people arc so easily ex- cited, that a little matter will answer the purpose. I fully agree with you that the President's smiling dispensation of promiscuous com- placency must soon cease to liave any effect. He may probably soon find himself involved in unexpected turmoil. Among other difficulties which are pressing on him, I do not see how he is to dis- pose of the subject of internal improvements which he flattered him- self he had got rid of witli great adroitness, by requesting Congress not to quarrel with him about it. With his professed opinion, how- can he assent to the appropriation of money for this object. Under the management of corporations created by the States, as seems to be intended by Congress, this indirect mode of pursuing the object does not, as I think, free the measure in any degree from the sup- posed constitutional difficulty, but subjects it to other weighty ol> jections. Both from the manner and matter of Mr. Adams' answer to poor Don Onis, I infer that the administration has no fear of a war with Spain. There are many obvious reasons why Spain ought to avoid a conflict with us. But if her councils are as weak and mad as is generally represented, there can be no safe reliance on her prudence or forbearance. I have been somewhat amused with Mr. Pinkney's statement of the result of his mission to Naples. I wish our merchants had their rights ; yet recollecting the degrading manner in which his renomination was pressed on the Senate, I cannot much regret to see the exact fulfillment of your prophecy. The bill prohibiting British vessels from their colonies from an entry in our ports, which passed the Senate so unanimously, excites considerable attention in this quarter where that trade is deemed of importance. The expec- tation is that the British will succumb, as they did in the case of the 26 201 Chmtkr V. 202 Mcvwii' of ycrcviiah Mason. Chapter V. Plaster .Act of the last session.' Should this expectation be disap- pointed and the trade be destroyed, it will cause much clamor among our traders. I think, however, it will be better for the country in the end that the trade should be destroyed than to be carried on as it now is by the exclusion of our vessels. I am sincerely and faithfully yours, J. Mason. JERt;MI.\H M.'VSON TO MISS MARY E. MASON. Portsmouth. April 19, 18 18. Mv DEAR Mary, — I advised you when at home, so fully, on what I thought required your strict attention, that it may seem un- necessary to enlarge on those topics. But my affection for you and anxiety for your welfare induce me to restate a few ideas. To arrive at great excellence in any of your pursuits, you must entirely conquer all that indolence and listlessncss, to which, cither from natural disposition or habit, I fear you are a good deal subject. You must acquire more energy and force of mental exertion. This is to be attained by a vigorous and continued exercise of the powers of the mind. By such e.xercise, those powers will be greatly in- creased and sharpened. None of your studies are better calculated for this purpose than composition. I wish you therefore to pay special attention to it. Write long pieces. After reading and think- ing on the subject on which you are to write, express your ideas, in the first instance, rapidly and boldly, as they occur. The great ob- ject is to secure the ideas ; this must be done without much atten- tion to their dress. You may afterwards, at leisure, dress them in the most appropriate language you can, and if necessary new-model the sentences. This however is a matter of minor importance. If you have good strong ideas, you will soon learn to exjDress them well enough. In attempting composition you must not suffer your- self to be restrained by diffidence, or false delicacy, but exert boldly ' An act .ipprovcd M.irch 3, 1817, forbidding the importation of plaster in foreign vessels from ^ whence vessels of the United States were not allowed to bring it. Revohttiona7'y Officers and Soldie7's. all the powers you have. Never encourage with yourself a low and mean opinion of your own talents. This is often the effect of mere indolence. In most pursuits, a firm resolution to excel, and persevering diligence, will secure success. Without them nothing very estimable ever was, or will be attained. This same zealous and ardent c.xertion, with resolute perseverance, is necessary for your success, whatever be the object of your pur- suit. Even in manners and external accomplishments, nothing can be done without it. I strongly urge your attention to this, because I fear you are somewhat deficient in this particular. I hope the plain manner I use will not hurt your feelings. No other would be likely to do any good. I suppose Alfred has given you all the family and town news. Your affectionate father, J. M. RUFUS KING TO JEREMIAH MASON. Crawford's, April 21, 18 18. Dear Sir, — I yesterday received your obliging letter of April 13, in which you acknowledge the receipt of one from me without date. Congress adjourned last evening. Except laws that will require the payment of a good deal of money out of the treasury, we have done nothing that is mischievous, as a great many private money bills did not pass, by reason of the delay in getting them sufficiently forward. This evil is not as great as a longer session would have made it. The pension to Revolutionary officers and soldiers will, as I expect, turn out much greater than was anticipated. The com- prehension of all who served for the term of nine months and more, was imprudent. I was inclined to have confined the provisions to the officers, but could meet with no support. The soldiers were paid high bounties, and clothed and fed. Not so the officers. I would have gone as far as to include all the soldiers who were in the Continental army when it was discharged, but this was discrimination, and 20' Ch AFTER V. 204 McDioir oj yere7niaJi Afason. ChaimekV. it was with difficulty that tlie militia was shut out. The sailors go in, notwithstanding their prize money. For manufacturers, wc have raised the import duty on iron in bars, from nine to fifteen dollars per ton, with a correspondent in- crease of the import on nails, spikes, and iron castings. The twenty- five per cent, on cotton and woolen goods, which was limited to 1819, has been extended to 1826, by which time, with this encouragement, our own manufactures will or ought to be so established, that coarse cottons and fine woolens may perhaps be prohibited from abroad. We have moreover passed a navigation law that, after September, closes our ports against British vessels coming from British ports closed against American vessels. This is a strong measure, but called for, as I believe, by a just regard for American navigation. We are independent of Great Britain for supplies of sugar, coffee, rum, etc. Whether she be alike independent of us for live stock, provisions, bread-stuffs, timber, lumber, staves, and heading is to be now ascertained. Perhaps the ports of Bermuda and the Bahamas, which are open to us, may still enable the English ships to carry on a disproportionate share of this intercourse ; if so, we must go further when we see the operation of the new law. It must be made effect- ual so far as to secure to us an equal share at least of the naviga- tion. If England still continues to say that wc have nothing to give her for admitting our money and ships in her East Indies ; wc must say in return: Be it so if you think so ; but if you will not allow us to go and buy your East India fabrics, we will not allow them to be brought by you to our country, nor indeed will we allow them to be used or consumed by our people ; in a word, the letter and spirit of the law (which passed with great unanimity, and which never at any former time would have passed at all), closes our ports against British vessels from any British port or place closed against American vessels. I gave all my heart and all my strength, with all my hopes of suc- cess, to this measure, which in principle is incomparably the most important law ever passed on this, and perhaps on any other subject. N(wio;afion Ad. 205 England at this day, by tlic extension of her commercial stations throughout the world, and the application of her navigation law to this extension of dominion, has effectively monoi)olizcd a great portion of the navigation necessary to carry on the commerce of the world. As respects others she is now more disproportionately in possession of the general commerce of nations than the Dutch were in the middle of the seventeenth century; and our laws must check her, as her navigation laws have checked and broken down the Dutch. Don't understand me that I expect or desire any breaking down of England ; but I do hope that, if faithful to ourselves, we shall oblige England to let us in for a fair share of the general trade carried on between the nations of the earth. Farewell. Yours, R. K. JEREMIAH M.-VSON TO RUFUS KING. Portsmouth, May 15, 1818. Dear Sir, — I thank you for your letter of 21st April. I have understood from the first that the Navigation Act was yours. I am sensible of its importance, and am glad to learn that it accords with the public sentiment more universally than could have been ex- pected. To attain your object, probably other acts regulating the intercourse with certain licensed ports will be necessary. With that view the favorable inclination of the public opinion to the measure is very important. I think it is matter of deep regret that we have not a more able man as minister at London, to explain our objects and prevent irritation. From the importance and idle loquacity of the present minister little can be expected. I have been told you may have a reelection to the Senate, if you should be inclined to accept it. I most ardently wish that both you and your State may be so disposed. I am confident that a great portion of the best men in the county, and including very many of the better informed Democrats, would consider your absence from the public councils a national loss. I hope no ordinary consideration will induce you to ClIAI'TER V. :o6 Memoir of Jcreviiah Maso7i. Chaiter V. retire. In the breaking up of old party connections, and the conse- quent unsettled state of feelings and opinions, it is impossible to foresee what new views and objects may be speedily presented. Among orthodox candidates for the chief magistracy no one pre- sents a character emincntl}^ entitled to public confidence. I re- ceived, by your frank from Philadelphia, an English paper contain- in" a letter from our Governor Plumer to Mr. Bcntham. The Gov- ernor certainly did not intend that letter for a newspaper. I think it is best he should hear of it before he makes his speech to the Legislature. There is, however, no danger of his doing any mischief in that matter. It is impossible to make our Legislature sufficiently understand Bentham's impracticable projects,, to induce them to attempt their adoption. His Utopian plans are too deep, as well as abstract, to attract the attention of any of our Legislatures. Mr. Bentham,as I suppose you know, addressed a circular to all our gov- ernors, after having been rejected by Mr. Madison and the Emperor Alexander. His system, as far as I understand it, is the supposed result of reason, applied to tlie nature of man, without any regard to previous law, habits, and prejudices. This may suit metaphysi- cians, but would make sad work with everybody else. As the good people of Connecticut are about forming a new plan of government, I should like to see them try an experiment with Bentham's system. I am sincerely and faithfully yours, J. Mason. RUFUS KING TO JEKKMIAIl MASON. Jam.mca, L. I., May 19, 1818. Mv DEAR Sir, — I received this evening your obliging letter of the 15th, and as my frank will expire to-morrow, I avail myself of it to make vou my acknowledgments, and to say a few words on the subject of my continuance in the Senate. I am neither informed, nor curious to be so, whether there is a disposition in our Legisla- ture to reappoint me. I shall neither decline nor solicit a reappoint- ment ; and should that event happen, would continue to take my seat Mr. Gores Health. so long as my own comfort and convenience would permit me to do so. You are correct. Ulterior provisions may and probably will be requisite to carry the Navigation Act into effect. I with you regret that we are without an able man in England, and the more so as I have little or no expectation that England will view this law in the light that tliey ought to consider it; they will be likely to look back to former acts intended to disserve them, which we have revoked because we found that they disserved ourselves. The present meas- ure rests upon this proposition, — the trade, or rather navigation, must be reciprocal, or it must not be allowed to exist. The greatest difficulty that I anticipate is in the regulation of the intercourse be- tween our frontiers and the contiguous English provinces. The question is wholly untouched at present. We shall be better able hereafter to examine it, as well as the intercourse that will be car- ried on with the colonial free ports. Our next session may prob- ably be an interesting though short one. With regards to Mrs. Mason, I remain, my dear Sir, with great regard, Your obedient and faithful servant, RuFUS King. JEREMIAH MASON TO RUFUS KING. Portsmouth, December 13, 1818. Mv DEAR Sir, — If I had any sufficient apology for my negligence in having so long omitted to write you, I should not fail to avail myself of it ; as the matter is, I can only assure you, it has not been occasioned by any want of respect or affection. I know you must have been rejoiced to hear that Mr. Gore has, in some measure, recovered his strength and health. I saw him in October, when he appeared much better in all respects than he has at any time since his sickness at Washington. Mr. Webster, who was here a few days ago, says he continues to gain strength, and that his friends entertain hopes that he may recover the use of his 207 CiiArrKR V. '.oS Alcvioir of yere7niah Miison. Chapter V. ' lame knee. If he dues, 1 hope he will not again attempt the severe I exercise he formerly used, and which I believe was injurious to him. Judge Story showed me last autumn a letter which he had received ' from your friend. Sir William Scott. The Judge had sent him sev- I eral volumes of " Reports of Decisions in the Supreme Court of the United States," and I believe a volume of cases in the circuit. Sir William speaks of our courts in terms very civil and complimentary, and expresses his satisfaction at seeing certain principles acknowl- edged, the application of some of which by him, we have heretofore supposed bore rather too hard on our neutral rights. He invites a continuance of the correspondence, with which the Judge is, as he ought to be, much gratified. You had at the last session subjects of more interest and impor- tance under consideration than had been generally expected. The same is likely to be the case at the present session. The concerns of the nation are increasing, both in number and extent, with a rapidity far beyond ordinary calculation. The inquiry authorized by the House of Representatives into the doings of the Bank of the United States, e.xcites considerable interest in this ([uarlcr, where all feeling on political subjects has for some time been apparently extinct. You know we are supposed to love money better than anything else. I do not perceive in what way that inquiry can do much good. I know but little of the doings of the Bank. In its origin, we supposed it was intended to be made in a special manner subservient to the views and interests of its patrons. I presume, from the stories of Bank speculations which are told, that object has been attained; this evil can be prevented by no other means that 1 perceive than a radical change in the direction, and I know not how that is to be effected, except by a change in the ownership of the stock ; this, if any remedy, must be a slow one. A miserable branch was established in this place and placed under the man- agement of officers and directors entirely unsuitable for the trust; no application was made to anybody here worthy of confidence to name proper persons to take charge of it. I was appointed in the yacksons Court MariiaL first board of directors, at whose nomination I nexer knt'w nor inquired. Not liking the company tliey had associated me willi, I immech'ately declined having anything to do with it. From the " Proceedings of Jackson's Court Martial," it seems the two unforlunate men he executed were in no way guilty of the charge of having acted as spies. If so, I see no ground on which their execution is to be justified. I fear this hasty and sanguinary act will be found to be entirely uniustifiable. 1 do not know what credit to give the newspaper report, that a treaty is concluded with England, embracing all the points in dis- pute. From the notice in the President's message, that it had been agreed to extend the period of the duration of the present conven- tion, it was not expected a new treaty was so soon to be entered into. If such a treaty has been made, I presume your Navigation Act must have been greatly conducive to it. Mrs. Mason joins, me in best respects to Mrs. King, who, we are informed, is with you at Washington. I am, my dear Sir, as ever sincerely and faithfully yours, J. Mason. 27 209 CiiAi-ir.it V. CHAPTER VI. CiiAiTER VI. Correspondence cluiing the Years 1S19 and 1820 — Letters to and from Mr. King, Mr. Gore, Mr. Webster, Dr. Appleton, and Judge Story. — Mr. Mason a member of the New Hampshire House of Representatives in 1820. — Report and Resolu- tions upon certain Resolutions of the State of Virginia upon the Admission of Missouri, sent to the Governor of New Hampshire. CHRISTOPHER GORE TO JEREMI.AH M.\SON. W.\LTH.\M, yanuary 20, 18 19. A /r Y DE.\R Sir, — You will perceive by Governor Brooks' speech, ■'-'-'- or rather message, that he has been induced to join in ho- sannas to the ])resent administration, and to express an entire con- fidence in our national rulers. This may be presumed to have arisen from a disposition to conciliate Mr. Monroe's friends to the claini of Massachusetts for the reimbursement of her expenses in the last war. Its efificacy I doubt. It is not easy to discern, if the Legisla- ture respond to this sentiment as was intended how Massachusetts can have any other candidate for the Presidency at the ne.vt election, if power continues in the present hands. Mr. Adams seems to have taken the course in his essay on the Seminole war and the murder of Ambrister and Arbuthnot, — for I feel it to be this crime, — which his enemies would have pointed out to him as most calculated to promote their views.' ' Arbutliiiol and Ambrister were two liriti.sh .subjccls, tried by court martial for aiding and abet- ting the Seminoles in their war with the United States in 181S. Arbuthnot was condemned to death, and Ambrister to l>c whipped and imprisoned ; but General Jackson ordered them both to be exe- cuted. This affair, which caused much excitement both in England and America, illustrates Gen- eral Jackson's iron will and reckless disregard of consequences, as well as the unbounded influence which he h.id .acquired by his successful defense of New Orleans. Ntr. Adams, to the regret of many of his friends, defended General Jackson's course. Massachusetts Claim. If Mercer does justice to the subject, — and I am much inclined to hope and believe he will, — I think the noble Secretary will writhe under the lashes which he has most indiscreetly and unnecessarily courted. Your faithful friend, C. (k)KE. JICREMIAIl MASON 'I'D CII KISTOniEK flORE. Portsmouth, jfanuary t,\, 1819. Mv DEAR Sir, — I doubt whether Governor Brooks' lofty praise of Mr. Monroe will have much tendency to procure the allowance of your militia claim. The course adopted by the minority in your Senate will, in my opinion, have a much stronger tendency the other way. Had your Legislature humbled themselves before the Gov- ernment of the United States by adopting the resolution proposed by General King, it might have had some effect. It must be a con- siderable object with the Government of the United States to have the question concerning the command of the militia amicably set- tled in its favor. And the quiet, humble submission of Massachu- setts, the great State of this section and constant leader in all rebellions, would go far to settle it. As long as it shall be believed at Washington that you may be brought to this submission, your claim will not be admitted without it. Whether you would not by such course lose more in character than the money is worth, ought to be considered. I think the best way for the Federalists would have been, fairly to have met and discussed the subject in Congress, and if rejected, as it probably would have been, to have said no more about it. While the matter remains as it now does, the claim will be a standing bribe to the Federalists to degrade themselves, and if not effectual for that purpose, it will in the end bribe the good people of Massachusetts to elect rulers who can adopt the proposed resolution without feeling any degradation. I agree with you in opinion of the character of General Jackson's conduct, and am glad to see the subject taken up with so much spirit in the 21 I ClIAI'lliR VI. 2 12 Memoir of ycraiuah Mason. ClIAPlF.R VI. House of Representatives of the United States. I hope the debate will terminate in a censure of Jackson. I really think it a national concern. The barbarous conduct of Jackson and his court-martial, and not less barbarous doctrine by which it is attempted to be justi- fied, will, unless disclaimed, disgrace us in the opinion of the civil- ized world. My winter courts are just commencing, in which I ex- pect to be shut up for the ensuing five weeks. I do not greatly dis- like the labor of itself, but, unfortunately, the subjects of litigation in our courts are for the most part too trivial and unimportant to ex- cite much interest. Mrs. Mason and Mary desire me to present to you and Mrs. Gore their kindest regards. I am sincerely and faithfully yours, j. Mason. JKRF.MIAH MASON TO RUKUS KING. Portsmouth, yaniiary 31, 18 19. Mv DEAR Sir, — Last summer I neglected my duty by omitting to write to you. In the first part of the present session of Congress, I did write to you, and on both occasions I have met with a like reward in your silence. The discussion, still going on as I suppose in the House of Rep- resentatives, concerning General Jackson and his court martial, ex- cites veiy considerable interest in this section of the country. I am of opinion that Mr. .Adams has lost credit w^ith his New England friends, by his bold attempt at a justification. I think it unfortunate for him that he did not confine himself to the repelling of the com- plaint of Spain, where there seems to be much ground for recrimina- tion at least, without attempting so broad and entire justification of the whole transaction in all respects. I see no ground on which the execution of Arbuthnot and Ambrister can be justified, nor much in the circumstances of the case to excuse the act, which must, in the common opinion of mankind, be held to have been cruel and barbarous. I presume there is no real apprehension that Congress will attem])t to obtain a forfeiture of the charter of the United States Bank. Bank of the United States. The stock may now be purchased sev- eral per cent, below par. I am told it is the opinion of some shrewd men in money calculations, that it will soon rise again above par. It would seem probable this will be the case, if the direction gets into better hands, unless the concerns of the Bank have been so badly managed as to occasion a great eventual loss. I know you cannot have troubled yourself to have formed any opinion on this subject as to money-making projects, yet you probably have an opinion of what will be the result. If so I shall be obliged tf) you for it. I have thought of investing a sum of money in the stock of the Bank. What is the probability of a change in the Board of Directors at the next election t With my best regards to Mrs. King, I am, as always. Sincerely and faithfully yours, J. Mason. DANIEL WEBSTER TO JEREMIAH MASON. Washington, FtbiKary 4, 18 19. Mv DEAR Sir, — Since my arrival here, I have been all the time in court, and can therefore as yet say nothing more than I have seen and heard here. Most of the judges came here with opinions drawn in the College cause. On the other side a second argument, as you know, was expected. Dr. Perkins had been a week at Bal- timore, conferring with Mr. Pinkney. Mr. Pinkney came up on Monday. On Tuesday morning, he being in court, as soon as the judges had taken their seats, the Chief Justice said that in vacation the judges had formed opinions in the College cause. He then immediately began reading his opinion, and, of course, nothing was said of a second argument. Five of the judges concurred in the result, and I believe most or all of them will give their opinions to the reporter. Nothing has been said in court about the other causes. Mr. Pinkney says he means to argue one of them ; but I think he will alter his mind. There is nothing left to argue on. 21 ClIAPTKR VI. 214 Mtinoir of ycremiah Masi ^11. Chapter VI. The Chief Justice's opinion was in his own peculiar way. He rea- soned along from step to step; and, not referring to the cases, adopted the principles of them, and worked the whole into a close, connected, and very able argument. Some of the other judges, I am told, have drawn opinions with more reference to authorities. Judge Bell's case I e.vpect to come on in two or three days. I am alone in it. and must do as well as I can. I have not been in Con- gress ; and have seen very few members. The House is yet in the Seminole war ; afterwards comes the Bank, and near to that, I think, comes the third of March. I do not think there is any chance for the Bankrupt Bill, or the Circuit Court Bill, this session. I have not seen Mr. King. It is not thought here that he will be reelected. I shall write you again, as soon as I have acquainted myself with the topics that float in the Congress circles. Mr. Bagot returns to England in tlie spring. Yours truly, Daniel Webster. RUFUS KING TO JEKKMIAll MASON. Crawford's, February 7, 1819. Dear Sir, — I received last evening your letter of the 31st past. As I in due course received that which you were good enough to write to me in the beginning of the session, I have had no reason for my omission in writing to you in return, not having anything of interest or importance, except what the newspapers publish, to communicate. I have, except the little tittle-tattle to you, written rarely to any one. The Jackson debate, which has been going on for three weeks, unless terminated last night, still continues, and it is quite likely that it will be also taken up in the Senate, though altogether against my inclination. I misinterpret very much the true meaning of this debate, if other objects than to criticize and censure Jackson have not a prevailing inHuence in the bringing it forward, and ascribing to it so much importance. The periodical election of President is The yackson Debate. without doubt the only plan by which the executive could, or should in the actual condition of the country, be provided, but it is not and cannot be doubted, that this election, except perhaps in rare in- stances, such as those of Washington and Jefferson, — will at all times employ the vigilance, awaken the hopes, and excite the pas- sions of a large portion of the public men of the nation ; and in a special manner will it have this effect on every question that rouses the passions or excites the prejudices which always exist in popular governments. Whether new combinations and positive efforts will show them- selves at the next election is more than I can determine ; but I think that the attempt to substitute a successor, is as likely to occur as not to occur. This must be left to the future. The Bank fever — for it really amounts to fever — is quite another affair. The bad administration of the officers of this company, the little fulfillment of the expectations and predictions that the projectors of the bank encouraged and made, the positive difficulties of the country by reason of the number of banks and the excess of paper, have pro- duced a very general dissatisfaction, and the disappointment is alto- gether ascribed to the Bank of the United .States. You well understand how very few men have any correct notions on the subject of money as a currency ; and will* therefore easily comprehend the confusion of ideas, the utter ignorance of a correct theory, as well as the rash and intemperate measures, which, in the present critical, and in my view dangerous condition of the currency may manifest themselves. According to what I hear, the House of Representatives are without any guide or plan. They are angry and intemperate ; and the ditificulties of the State banks, especially in the interior and western world, prepare most of the members from these quarters for any measures which would put down the Bank of the United States. Proposition on proposition unfavorable to the Bank, without a word from any one by way of excuse or sup- port, may, — and if the course be persisted in, probably will — shake the public confidence, and create a run on the bank and its branches 215 ClIAITKU VI. 2 l6 ClIAITER VI. Memoir oj ycreviiah Mason. which they may be unable to meet. If tlie Bank of the United States stop, all the other banks south of New England must stop also, and we may be thrown into even a worse condition than we were at the close of the war. My own wish has been that the stockholders should be convened : that they should purge the direction of all the speculators and stock-jobbers ; that they should apply for author- ity to reduce their capital, which might be done without difficulty to the amount of the hypothecated shares (some eight or ten millions) ; that the President in cooperation with the stock holders, should name four men of very respectable standing as the government di- rectors, and that the new board should go to work soberly, dili- gently, and with all the information which they possessed or could acquire, to administer the Bank with prudence, and so that it might in some satisfactory degree fulfill the expectations of the government and the public. Hut whether this or any other good course will be adopted, I am unable to say ; or whether the House of Representa- tives may not disapprove every attempt to correct the past errors and mistakes which have been committed, is beyond my power to predict. I say nothing of the Senate, where the subject is scarcely spoken of The Jackson case engages much of their attention ; and if I read men correctly a majority of the Senate, some from one, others from another motive, would pass a vote of censure on Jack- son, thereby imparting censure to the President, and his minister Mr. Adams. You will see the new treaty with England. This being effected, Mr. Basot, havintr obtained leave of absence, is soon to return home ; as the Wellingtons are in great consideration — through them he may expect a more agreeable mission. I'rom France we have nothing, and 1 believe e.xpect nothing. It is said Gallatin desires to come home; it has been said so for a year or more, but he has not asked for leave. Ervinc is coming home from Madrid. He asked leave of absence on account of health — it will be granted, and he will be laid by. Trcaly wilJi Spain. Forsyth will succeed him, and will he nominated at the chisc of this session. Don Onis has received further instructions, hy which he is authorized to yield the Floridas, the United States takin<;- their claimants off from Spain and engaging to satisfy them; and instead of the line of the Sabine from its mouth to its source, and thence north to the Missouri, and up the same to the Rocky Mountains, and along the Rocky Mountains north or south to the forty-first degree of latitude, and on that jiarallel to the Pacific, heretofore offered by Spain as our western and southern boundary, Don Onis is said to be now authorized to take the Sabine from its mouth to its source, thence north to the Red River, and up the same to cer- tain high lands far west, along the same northerly to the Arkansas River, up the same to the Rocky Mountains, along the same north- erly to the forty-first degree, and so to the ocean on that parallel. It is said the Western people here object, and insist on going- west on the Gulf of Mexico, to the Colorado River. What are the views of the Executive, I do not know; but I have not the smallest hesitation in the opinion that we ought immediately to conclude with Spain on this boundary. We have enough, more than enough of western territory, and it is the highest imprudence to grasp at more. Having settled the north boundary of Louisiana with Eng- land, our people cannot be restrained from emigrating further and further to the West. Two, three, some say five regiments are to be sent to the mouth of the Yellow Stone River, which constitutes the great fork of the Missouri ; this fork is about fourteen degrees of longitude west of the Mississippi, which is about thirteen degrees west of this place. The first consequence of this unnecessary project will be an Indian war; and it will be the most formidable Indian war in point of numbers in which we have been engaged ; but as these Indians are badly armed, and their country an open one, they will be beaten and the regular army with the numerous body of militia will take a liking to the country, which they will begin to settle, and the 28 21 7 C'llAlM I'.K V[. 2l8 Alcvwir of ycrciuiah Mason. Chapter VI.' money expended by the old States will enable them to do s-o with- out great inconvenience; especially as the Indian war that will be long and moderate, will continue to furnish the requisite supplies. The demands and strength of the West arc increasing daily, and the vigor, decision, and union of the old States decrease in a fully equal degree. 1 could give you an interesting potion on this sub- ject ; but if there be none who care for what is going on, why should one endeavor to excite solicitudes whicli would be useless and therefore should not be intended. I am at the end of my paper, so farewell, RuFus King. DANIEL WEKSTER TO JEKEMIAII MASON. Washington, February 15, 1819. Mv DEAR Sir, — I am determined to write you a letter before I sleep, although this doing nothing I find to be the most busy em- ployment on earth. To talk is so much the practice, that in the few causes I have, I fuul my attention wholly engaged in listening. We have, for instance, an equity case here from Massachusetts District. Mr. Bigelow, Mr. Amory, and myself argued it in half a day in Boston. It comes up here on precisely the same papers and same points. We have now been two whole days upon it, and Wirt is not yet through for appellee, and I am yet to close for ap- pellant. In Mr. Bell's case, Mr. Pinkney was near two hours in opening, and full four in the close. In that case we have no judgment yet. I think some impression was made on our side, and I have hopes of the issue, but know nothing certain. I believe the terms of a treaty are nearly settled with Don Onis. United States to have Florida, and to pay our own citizens their claims on Spain, not exceeding five and a half millions. Our Gov- ernment to appoint a Board of Commissioners to adjust their claims. The Western boundary I do not know ; suppose, how- ever, that the mouth of the .Sabine on the Gulf, and somewhere Cases before tJie S^ipreiue Court. near the mouth of Columbia River on the Pacific, are the termini. How to run from point to point, I know not. I have no doubt the signing of such a treaty will be announced before Congress rises, though at present it is not wished, I understand, tliat much should be said about it. The judges' salaries have got through the House. Their fate in the Senate is uncertain, but I think they will get through. The heads of departments will not wish to trust the bill back in the House again. The Circuit Court Bill, it seems generally understood, will not be brought forward this session. Upon the whole, I am satisfied it should not be. Nothing has been as yet done with the Bankruptcy, and it seems too late to do anything. The question is before the Court whether the State Bankrupt Laws are valid. The general opinion is, that the si.K judges now here will be equally divided on the point. I confess, however, I have a strong suspicion there will be an opinion, and that that opinion will be against the State laws. If there were time remaining, the decision, should it happen, might help through the bill. The question between Maryland and the Bank, is to be argued this day week. I have no doubt of the result. Wirt and Pinkney still talk of arguing one of the College causes. On our side we smile at this, not being able to suppose them serious. I hope they will not attempt it, as it would only lead to embarrassment about the facts. I should have no fears for the result. I am anxious to know how the decision is received in New England. Our New Hampshire members behaved very well on the subject of the judges' salaries, notwithstanding this decision. Mr. Swan made a speech, and it is said a very good one, in their favor. Holmes opposed them with great violence. I wrote Judge Bell yesterday. You may say to him that nothing has occurred to-dav indicative of a decision. Yours very truly, D. Webster. 219 ClIAI'TI-R VI. 220 Mcvioir of yeremiah Mason. ClIAPIK.K V[. KLKUS KING TU JLRKMIAll MASON. Washington, February 20, 1819. Dkar Sik, — Some time since I wrote to you a letter, too long and too unimportant to be worth your deciphering. I now add a few lines to say that the treaty with Don Onis is settled, and the copies are preparing for signature on the 2 2d, when it will be laid before the Senate. Spain cedes the Floridas in .sovereignty, and in consideration of this the United States release Spain from all claims by American citizens on account of illegal captures, condemnations, etc., etc., and engage to satisfy these claims to an amount not exceeding five mill- ions of dollars. A commission to be established. The commis- sioners to be appointed by the President and Senate to liquidate and if necessary to apportion these claims. The boundary to be as follows : Beginning at the mouth of the Sabine River up the same to its source, then north to the Red River and up the same to the one hundredth degree of west longitude, thence north to the Arkan- sas River, and up the same to its source in the Rocky Mountains, and then north or south, as requisite, to the forty-second degree of north latitude and along this parallel to the Pacific Ocean. \\\ article respecting the delivery of seamen deserting from the vessels of the two parties is also inserted in the treaty. The settlement is one of much imiK)rtance, as it will compose the teini)cr of the zealous and turbulent men of the West who desire and would gladly engage in a Spanish war. As respects land, the Floridas we want ; of lands in the West we have already more than enough. I some time since made a motion to abolish all credit in the future sale of the public lands, A bill for this purpose has passed the Senate, to take effect in July 1820. It should have been on the ist of January next, and I am in hopes the House of Representatives will fi.x on this day. Already a debt of about fifteen million dollars is contracted. The debtors are scattered through and indeed compose the popula- TJic Darhuoiith College Case. tion of four or five new States. Nine laws have in annual succession passed to postpone payments when due. A tenth is on its passage, and during the session a motion was made in the Senate to strike oft the interest on the debt. Postponement is matter of course, abatement of interest would follow, and ultimately the release of the debt or separation. I consider the confining all future sales to casli payment the most important law that has been passed for several years. Very faithfully your obedient servant, RuFUS Kixr,. DANIEL WEBSTER TO JEREMIAH MASON. Washington, Kbriiary 23, 1819. Mv DEAR Sir, — I received yours yesterday, enclosing a column of the " New Hampshire Gazette." The piece was probably written either by or the . The "Concord Patriot," I perceive, is full of stuff equally bad or worse. This is disreputable to our part of the country, and on that account is to be lamented. It will do no hurt here. Depend upon it the fate of the cause is fixed in this court. Messrs. Pinkney and Wirt talk of arguing one of the other causes when we reach them. Perhaps they will, but I very much doubt it. As to their facts which they say are new, they will, I apprehend, be told that if admitted, they would not alter the result ; and in the next place that the court considers the recital of the charter as conclusive upon the facts contained in it. I hope we shall get to the causes in about a week ; and although Mr. Pinkney speaks of wishing the argument to be next year, I shall endeavor to press the causes through to a final decision now. The unanimity of the court gives it great strength ; and they will be, if I mistake not, not at all inclined to leave the cause under any doubt what- ever. In Judge Bell's case, the event is exceedingly doubtful. My belief is, there is a division on the bench. You may take it for true, at present, that Ch. J. L., and J., are in favor of Bell ; W., D., and 221 CirAl'Tl'.K VI. o 9 O Memoir of ya'ciuiah Mason. Chapter VI. S., contra. It is not wortli while to mention this, even to Mr. Bell. It is possible that further reflection may bring a majority to think alike, but I am fearful it must stand over and be argued again be- fore Todd. You observed the fate of the Insolvent Laws. The case between Maryland and the Bank is now on the carpet. I said* what belonged to me yesterday. Hopkinson answered. It will be further argued by Mr. Pinkney and Mr. Wirt on our side, and by Jones and Martin for the State ; of the decision I have no doubt. We had a favorable decision yesterday in United States vs. Rice, about the goods imported into Castine, while the British held that town. There will be nothing done against the bank. Lowndes' speech on Saturday shook the facts of the report essentially. I do not believe there will be fifty votes for doing anything. A treaty is concluded with Spain. The Floridas are ours. It will be speed- ily known. The treaty is now before the Senate. The Senate are very likely yet to censure Jackson. Goldsborough says there is a settled majority for doing so. Our great friend, however, will be the other way. It is said he was consulted on the subject last sum- mer. Nothing has been said of the Judiciary Bill. It will probably not be stirred; yet it is possible it may, but I think the chance very small. I have something to tell you when I see you on that subject, which will make you laugh. I beg you to give my love to Mrs\ Mason and Mary, and all the .children. I begin to be an.xious to get off. A month is as long as Washington wears well. I hope to get away by the 5th or 6th of March. Yours very truly, D. Webster. DANIEE WEBSTER TO JEREMIAH MASOX. Boston, April 13, 18 19. My DEAR Sir, — . . . . I was yesterday at Salem. Judge Story has lost a daughter (the one who has so long been an invalid), and Mrs. ' Story is quite unwell but convalescent. He says he wishes the The Dartrno7tth Colle^^c Cause. circuit had commenced, that he might have employment and occu- pation. As to the College Cause, you may depend on it that there will be difficulty in getting delay in that case, without reason. I flatter myself the judge will tell the defendants, that the new facts which they talk of, were presented to the minds of the judges at Washington, and that, if all proved, they would not have the least effect on the opinion of any judge; that unless it can be proved that the king did not grant such a charter as the special ^•erdict recites, or that the New Hampshire General Court did not pass such acts as are therein contained, no material alteration of the case can be made. Our course will be to resist the introduction of evi- dence — on the ground of immateriality, — being very liberal as to the sort of evidence which we care for, provided the facts proposed to be proved be admissible. Let Mr. Bartlett continue to under- stand that we shall resist all delay. You may take another thing for true, — Pinkney sent back this cause to get rid of it. He talked, however, and blustered, because among other reasons the party was in a fever and he must do something for his fees. As he could not talk in court, he therefore talked oiit of court. I believe his course is understood. Let us hope for the best, and by all means oppose protraction. Yours truly, D. Webster. N. B. To take away pretense of delay, suppose you tell Bartlett that we shall not require strict proof of any known fact if the court should think the fact material. JEREMIAH MASON TO RUFUS KING. Portsmouth, ^//^//.j/ I, 1819. My DEAR Sir, — I trust you will not think me improperly intru- sive when I beg leave to offer you my most sincere condolence on the occasion of your late severe bereavement.^ I should have done 1 The death of Mrs. King;. 22 Cii,\ni!R VI. 224 Mcvioir of ycrcniiaJi Mason. Chapter VI. SO sooner, but I felt unwilling to break in upon your deep affliction. I know that your habitual mastery of your feelings and discipline of your temper which I have supposed you possessed in an extraor- dinary degree, will enable you much better than anything I can suo-gest, to bear with equanimity and fortitude your present suffer- ings however grievous. If the sympathy of the most cordial friendship can afford you a momentary consolation, be assured, my dear Sir, you have it; your uniform kindness to me excited a gratitude and friendship which I shall continue to feel while any feelings remain. I am sincerely and faithfully yours, J. Mason. REV. JKSS1-; Al'PLETON, 1). D., TO JKKKMUMl MASOX. Brunswick, August ii, 1819. Mv DEAR Brother, — I write to you under the influence of those grateful and affectionate feelings which your kindness in general, particularly that which you have recently manifested, tends to ex- cite. Conscious that during the years of our frequent intercourse we have introduced much more seldom than we ought that subject which infinitely more than all others concerns us both. I would make some amends for it at this late period by writing with free- dom what I know you will read with seriousness and candor. I now view myself, as you know, at no great distance from the eternal world. Infinitely important consideration ! I can therefore better than ever judge of the value of religion, though on account of its increasing apparent magnitude, find myself less than ever able to express that value. My present object is, my dear Sir, to press this subject on your attention. Permit me to remind you that the elevated talents which you ]) i-^ess, carry with them no ordinary portion of responsibility, and render religion to you, both as it respects your personal security and salvation, and your influence on others, really of more moment Dr. Applctons Lcl/cr. than it is to ordinary men. Your talents and general deportment have acquired for you a great infhicnce with the jjublic. Should this be thrown with decision on the side of religion, how happy, in all probability, would be the result. Not doubting that you consider the Scriptures as the word of God, I do most earnestly and affectionately entreat you by humble and devout study of them, to ascertain what are the conditions of being saved, and further to bestow on the subject of your own salva- tion that attention which its vast importance so evidently demands. This, my dear brother, is only an appeal to reason, — only a request that objects may be regarded according to their real worth. We have polluted hearts, which must be changed by the power of di\-ine grace. August 12. — Since writing what goes before, 1 have been reminded that my time is short, as I have raised much bloody mat- ter and considerable fresh blood, all which I have no doubt came from the lungs. Allow me to suggest that though at present you are in oreat prosperity, it must at some period terminate. Your friend Mr. King is depressed, you informed me, by the loss of his wife. Your friend Mr. Gore is laboring under a painful, perhaps fatal disease. I mention this to show that earthly happiness must not content us, it will soon vanish. The .5-^1?^/, my dear brother, and eternity, are the objects for which we must chiefly provide. When we took lea\-e a few days since, you kindly said, " God grant I may see you again, and in better health." This desire, I think, will not be granted, but God will do well. I desire humbly to submit to his will. I desire humbly to throw myself at the Saviour's feet, disclaiming most emphatically every hope of justifi- cation but through his all-sufificient atonement. Give my affection- ate love to Sister INIason and the children. And now, dear Sir, God grant I may see you and in a better world ! 225 (-"HAITKH Vr, Your affectionate and grateful Brother, J. Appleton. 29 226 Memoir of 'Jeremiah Mason. Chai'ikk VI. October 2. .Mv 1)i:ar Sir, — When the preceding was written, viewing death as quite near, I liad designed that the letter should not be sent till after that event should occur. In great mercy God is pre- serving me and rendering me on the whole rather more comfort- able than I was at Commencement. Under the influence of the same affections which dictated the letter, I now send it, praying that its contents may appear as important to you as they do to me. While I feel an interest in anything of an earthly nature, I shall not be insensible to the welfare of my friends. Any information concerning yourself and family, especially George (who promises very abundantly in a kind letter to me), will be highly acceptable. JEREMIAH MASON TO THE REV. JESSE APPLETOX, D. D. Portsmouth, October 11, 1S19. Mv DEAR Brother, — I am fully sensible of the value of your kind and very interesting letter, and return you my most hearty thanks for it. During the long friendly intercourse from our first acquaintance in which I have always considered myself your debtor, I recollect no act on your part which makes so strong a claim to my gratitude as the present. I know that I have been too inatten- tive to the great and important subject of religion. I have occasion- ally thought of it with some degree of serious earnestness. But I must admit that I have neglected to bestow on it that ardent and habitual attention which its vast importance demands. 1 have found it much easier to make resolutions than to observe them. I hope and trust tiiat the resolutions which I shall make in compli- ance with your friendly solicitations will be better observed and have more permanent eftects. When I parted with you I entertained hopes (though I confess they were not sanguine) of your recovery. From all the accounts which I have since seen and heard my hopes are considerably in- creased. I understand your physicians do not think it expedient United States Bank. 227 that 3'ou slioukl attempt to get into a milder climate for the ensuing winter, and that your opinion accords with them. If those who are most competent to judge continue to think so I have nothing to say. Hut should anything" occur tc change (his oiMnion, I hope you will not jicrniil any consideration of the expense to affect your determination. That may certainly be provided for without any difficulty. 1 ha\e just received a very ])ressing invitation from Mr, Ciore to make him a visit. Mr. King is now with him at \\ altliam. I am very desirous of seeing both of them, and intend to go there and to Boston this week. Mrs. Mason will accompany me. Since he has been at home George has done Cjuile as well as I had any reason to expect. He has been sufficiently diligent in his studies and more docile and tractable than I expected. Mrs. Mason and all the children desire to be affectionately remembered to you. I am, my dear -Sir, sincerely and faithfully yours, J, Mason. U.\NIEL WEBSTER Tu JEREMIAH MASON. BtiSTON, Ahn'i-inhcr 15, 18 19. Mv DEAR Sir, — (Jur family is in such a condition, as to health, that I do not see how it is possible for us to visit you this week. Our little girl has been sick and is now not well ; and one of our domestics has a settled and very severe and dangerous typhus fever. Dr. Warren thinks her symptoms better to-day, although she is yet in danger. I regret this disappointment the more as there are some topics about which I wish to confer with you. The principal one is the Bank. All that was publicly done you have seen. Mr. Sears tells me, and wishes me to inform you, that there is no inten- tion of discontinuing the New Hampshire Branch. Perhaps you will not think it worth while to say much about this, however, at present. Our people here are making exertions to collect proxies, ClI.MTKR VI. 228 Memoir of jcrcmiaJi Mason. Chapter VI. with a view to the election, the first of January, and we beg you to look out for the New Hampshire votes. A list of directors was prcttv much agreed on, at least for the Northern States, at Philadel- phia. It is intended that New York and Massachusetts shall have three each : New York, — Bronson. Gracie, and Bayard, probably. Massachusetts, — Lloyd, Silsbee, and, mirabilc dictu, D. W. ! This last they will be laughed out of the notion of, and tlierefore pray say not a word alx)ut it. Our proxies here will be given to Mr. Lloyd or Mr. Silsbee, both of whom will attend the election. They should be with power of substitution, lest accident should happen. It is thought here, that the present is a favorable time to introduce a proper management into the Bank, and I think you will Ijc of that opinion. Will you write me on the subject, and let me know what number of votes may be calculated on in New Hampshire. It is not thought probable that any opposition will be made to the ticket which will be proposed. But it will be well to be prepared against surprise. Wednesday. — We see with immense pain, the annunciation of the death of Dr. Applcton. Few men have made a short life more useful, and his friends must derive great consolation from that reflection. I have seen Stuart. He says the pictures shall be completed this week. I think they may be, perhaps, next. Let us hear from you. Yours as usual, 1). Wl.liSTKR. JERKMIAII MASON TO JOSEPH STORV. I'oKTSMOUTH, November 19, 1819. Mv DEAR Sir, — I received a letter yesterday from Mr. Webster, saying that the indisposition of one of their children and the sick- ness of a domestic, would prevent their making us the promised visit at this time in company with you. I hope this will not be the occasion of our being disappointed of your visit also. You have Death of Dr. Appldon. probably seen in the newspapers, notice of the death of Dr. Apple- ton, our dear friend and relation. We are somewhat depressed by this event, but shall not for that cause be the less "lad to sec vou. My acquaintance and friendship with Dr. A])pleton is of twenty years' standing. During a great portion of that time our intercourse was very frequent and intimate. He possessed one of the most powerful and best ordered minds I have ever met with. The loss will be deeply felt by his friends, and I think extensively by that part of the puljlic to which he was known. With best regards to Mrs. Story in which I am joined by Mrs. Mason, and in an ex- pectation of soon .seeing you, I am dear Sir, Sincerely yours, J. Mason. JEREMIAH MASOX TO MRS. APPLETOX. Portsmouth, November 23, 1819. My DEAR Sister, — I most sincerely sympathize with you in your present affliction. I am fully sensible the loss you have sustained is of no ordinary magnitude. I feel it severely myself It is felt deeply and extensively by the public at large. All who knew him seem to unite in considering the death of your dear husband as a public loss. Although your friends and even the public sympathize with you I know you have peculiar cause of grief The tenderest ties by which human beings can be connected are dissolved, and he in whom your sanguine hopes and expectations of human happiness were centred is taken from you in the midst of his days. It ought, however, to be matter of some consolation that although his life was short, it was eminently useful, and that few men with how- ever long lives have done more for the benefit of mankind. But your chief and great consolation must be derived from that holy religion the duties of which he so ably explained and which, I trust, you well know how to practice. It would be unreasonable to ex- pect that one afflicted as you are should not to a certain extent in- dulge their sadness and grief You must, however, remember that 229 ClIArTFR VI. 230 Mt'vioir of jtcrc'inia/i Mason. CllAITER VI. important duties remain for you to perform, and that you must not by the immoderate indulgence of sorrow disable yourself to dis- charge them. I know your sensibility, and mean only to caution you against any excessive indulgence of your feelings. There is danger it may become habitual and uncontrollable. I entreat you also to indulge no extravagant feelings of anxiety for the situation of your children. I doubt not sufficient means will be found for educating and providing for them. You will certainly be specially careful of your own health. It is my intention to come and see you some time in the course of the winter. If in the mean time I can do anything for you I wish you to mention it. Or if there is any particular reason why you wish me to come to Brunswick soon I will endeavor to come. I presume you have no thoughts of changing your present situation before spring. With kindest regards to Mrs. Ellis and the children, in which Mrs. Mason desires to join with me, I am your most affectionate brother, J. Mason. JEREMIAH MASON TO JUSEl'II STOKV. I'ouTSMOt'TM, December ^, 1S19. Mv DEAR Sir, — W^e are exceedingly sorry that you and Mrs. Story could not make us the visit which we had anticipated with so much pleasure. This disappointment it seems must be set down to the score of misfortunes occasioned by your having bad district attorneys. You say you will yet come to Portsmouth, if you have a day's leisure. I really hope you will. I am very desirous of see- ing you before )'0U go to Washington. Be so good as to dro]:> me a line a day or two before you come, so that I may not be absent. I shall be in town for several ensuing weeks, except occasional avocations for a single day. 1 have just read the newspaper account of the doings of the meeting at Boston yesterday on the important subject of the extension of slavery to new States. I Missouri Slave Oitestion. suppose you were there. I hope such meetings will be held in all the chief places in New England and the north part of the United States. VVc are to have one here next Wednesday. There seems to be here, as I trust there must Ik' in all the non-slaveholdins States, great unanimity. I have however been informed that Judge Woodbury has expressed doubts of the constitutional power of the Legislature. With great esteem, sincerely yours. JEREMIAH MASON TO RUFUS KING. J. Mason. Portsmouth, Dcicmhrr 15, 1S19. My dear Sir, — I thank you for the copy of your speech on the Missouri Slave Question which you so kindly sent me. I am glad to have this, as I had lent and lost one, previously sent me, together with the doings of the public meeting at New York. You have certainly explained the subject in a most lucid manner, and as I think put at rest, as far as argument and reasoning can do it, all doubts as to the constitutional power of Congress ; and if Congress has the power it would seem that no one who consulted the interest of the nation at large, could doubt the expediency of exercising it on the present occasion. This question has latterly attracted great attention and caused considerable excitement in the public mind in this quarter. We had a meeting in this town yesterday. A slight attempt to prevent it was made by a i^tw demagogues, fearing a loss of influence from a union of parties on this subject and also by some of the personal friends of Mr. Parrott, now a Senator, for this State, who at the last session voted in the House of Representatives on the wrong side of the question. The attempt failed. The meeting was well attended, and included nearly all in any degree competent to form an opinion on the matter under consideration. Considerable pains were taken to have the subject in some of its important bearings understood ; the result was a unanimous opinion, with the exception of two or three dissentients only, that 231 CirAl'TKR VI. 2^2 Mcvioir of ycreviiak Mason. Chapter VI. I Coiigress possess the power and ought to exercise it. MeLiin-.-^ I are notified in various parts of this State. The expression of pub- lic opinion in New England, will probably be sufficiently strong not only to confirm those of our members of Congress who were pre- disposed to act right, but also to bring back some, who at the last session were wrong. I hope that some of the State legislatures which now are or soon will be in session, will take this subject into consideration, and expose at large the monstrous immorality and consequent national disgrace of jjermitting the further extension of slavery. This can- not, as you intimate, be advantageously discussed in Congress. Can- not this be done in the Legislature of Pennsylvania which is now in session .'' I am with great respect, your faithful and obedient servant, J. Mason. CHRISTOPHER GORE TO JEREMIAH MASON. Wai.tham, December 28, 1819. Mv DEAR Sir, — I am pleased that in New Hampshire the peo- ple have expressed their opinion on the Missouri Question ; and in addition to the expression by towns and districts, in Massachusetts, I hope our Legislature will pass resolutions intimating their desire for the exclusion of slavery. It is the more necessary, as some of our delegation were in favor of the bill, without the amendment. The appearances are much in favor of Mr. Kings election to the Senate, which for the public good 1 earnestly wish may take place, and I should believe that the attendance at Washington would promote his happiness. That the chief may not have told all the truth in relation to Spain, is very probable, and though I never gave credit to all that Giles used to say, I think it likely there was less falsehood in his asser- tions on this subject than on many others. Our boys' are now at ' Mr. Gorc'.s ncijlicws, William .iiul Edward Payne. Captain yoJm Mason. home. They say they dined on TlTanksp;iving Day with Governor Gihiian. Congress, we are told by the public pajx-rs, contains many men of business. I venture to jiredict it includes more men of talk, and they seem to have many subjects of great fertility on which to try the strength of their lunos. . . . With our affectionate regards to your wife and daughter, I remain your faithful friend, C. Gore. JKREMIAII MASON TO CHRISTOrUER GORE. Portsmouth, January 2, iSjo. My dear Sir, — I thank you for the volume of the collections of your Historical Society. It remained in Boston till last week, together with your letter, for want of a convenient conveyance. I do — as it was natural for you to suppose, from the evidence I always exhibit — claim descent tVom the "tall and portly" Captain John Mason. I well recollect reading the narrative contained in this volume, many years ago, in Connecticut, and I have lately taken some pains, without success, to obtain a copy of it. Trumbull, in his " History of Connecticut," states from this same narrative, very minutely, the circumstances of the famous Pequot battle, and adds many facts tending to show the justice and necessity of the war on our part. My brave ancestor certainly used harsh means to destroy the unfortunate Indians. But if the danger and distress of the infant colony were as great and imminent as represented (which I see no reason to doubt), an apology, if not a justification is furnished, for the seeming cruelty and inhumanity. Whenever I have read this account I have been gratified by the evidence it furnishes of his adroit conduct and extraordinary bravery. But I could never suppress a strong wish, that he had been able to effect his object in some way more consistent with humane feelings than that of burning his enemies. It must be admitted that the poor Indians have, in most parts of the country, experienced a cruel 23, CllArXER VI. 234 Memoir of ycrcviiaJi Mason. Chapter VI.' fatc, from the time of their first acquaintance with us. You prob- ably noticed the praise bestowed on Uncas, the Sachem of the Mohegans. This battle secured to my ancestor the admiration and friendship of the Indian chief, who granted him several very exten- sive tracts of land, in the Colony of Connecticut, and these grants entailed on his descendants a set of lawsuits with that colony, which lasted, as Trumbull says, seventy years. An appeal was carried to the King and Council in England, and there determined aeainst them, a few vcars before the Revolutionary War. I have often heard my father talk of this land claim and great lawsuits. He had no direct interest in it. It belonged to an elder branch of the family. But I suppose he expected some ad\'antage in case of success, as he contributed considerable money to assist in carrying on the lawsuit, which he said was finally lost for want of good management. When you have read this long story, I dare say you will sincerely repent of having sent me the book which has led me to inflict so much fatigue on you. I agree with you, that it is desirable that your Legislature should express their opinion on the Missouri Question. I hope the Legis- lature of New York will also do the same. It would be mortifying to have this important question determined against us, by reason of a defection of our own members of Congress, when we are clearly right in principle, and have so great an interest in the issue. And there is danger that such will be the result, unless prevented by a full expression of public opinion in the non-slaveholding States. It is said the wise men at Washington are divided in opinion in relation to Spanish affairs. Some doubt the wisdom of execut- ing a treaty before it is made. Virginia is certainly determined to be again in opposition to the General Government. If her new batch of resolutions pass, I hope they will be immediately answered by both Massachusetts and New York. That which instructs her representatives and Senators in Congress to give their assent to no laws unless strictly conso- The Missouri Ouestion. nant to the principles of Mr. Madison's resolutions of 1798-99, exceeds in arrogance anytiiing ever before attempted. 1 rejoice to learn from your last letter, that both \-(>u and Mrs. Gore are on the recover)-. Mrs. Mason and Mary desire their affectionate respects to her and yourself. 1 am, dear Sir, truly yours, J. Mason. ClIRIS'rOPHEK (;()RE TO JEREMIAH MASON. Waltham, 'January 9, 1820. Mv DEAR Sir, — I am in hopes that our Legislature will express their sense in a very decided manner on the Missouri Ouestion. There is some strange and as yet some unaccountable conduct among our printers on this subject. 1, at an early date after its publication, received a corrected copy of Mr. King's speech; this I sent to Mr. Webster, saying that I should have endeavored to pro- cure its insertion in the " Repertory," but Mr. Hale had at several times declined to publish pieces for me on politics and literature which prevented iiic from offering it to him. Finding that W. did not think wortli while to obtain its appearance in that paper, I sent it to the printer of the " Centinel," who, after my note was eone from me, but before it had reached him, requested the speech that he might print it. He acknowledged my note, inserted my recom- mendation, and promised to have it printed. He omitted to do it, and says the omission is at tlie request of friends to the good cause. The argument is conclusive in my mind, and entirely free from everything that could embarrass the question, or excite any per- sonal prejudices. Considering this strange course, I am prepared to meet any disposition of the Legislature, while I feel the subject to be of greater importance to the character of the nation, and the political power of New England, than any before Congress. One would have thought Virginia possessed her share of power in the United States, but she admits no rival near the throne, and is determined that the 235 CrjArTi'.R \'I. 236 Memoir of yere77iiah Mason. Chakiek VI. coiisiruciion of her Legislature shall exclusively control the Con- stitution. Mrs. Gore and myself arc both in better health than when I last wrote you, and unite in regards to Mrs. Mason, yourself, and Yours faithfully and affectionately, C. Gore. daughter, JEREMIAH MASOX TO CIIUISTt il'1 1 l.R GORE. Portsmouth, yaniiary 16, 1820. Mv DEAR Sir, — I heartily congratulate you on the election of Mr. King. It is a striking instance of the triumph of personal character over party influence, alike honorable to him and benefi- cial to the public. His election must tend to moderate the spirit of faction and lessen the influence of demagogues. 1 trust there is no doubt of his accepting the appointment. The manner of his election and the exigency of the times leave him no liberty of choice. His services are not only of great importance to the nation, but what ought to weigh much, the nation is duly sensible of it. That the Boston printers should omit to publish his speech on the Missouri Question, under the circumstances you mention, is most extraordinar)'. Some individuals must have controlled them. There is surely nothing in the speech incautious or unguarded , and I think with you that the argument is conclusive. It has in truth furnished the materials of all the public discussions on our side. The Boston memorial, which was drawn by Judge Story, was evidently and as he frankly states, taken almost wholly from it It is all important that your Legislature should unite with Pennsylvania and New York in expressing their opinion on this o-reat question. I see Governor Brooks makes no allusion to it. I The omission of Massachusetts to express an opinion, on the ! ground of doubt as to the right of Congress to prohibit slavery, or on the ground of indifference as to the issue, may, and probably will determine a sufficient number of votes in the House of Rep- TJic Misso2tri Oiicstioii. resentatives to turn the question. I do not believe the advocates of slavery will gain anything by the extraordinary attempt in the Senate to tack this subject to the bill for the admission of Maine. The attempt is entirely unparliamentary, and will be resisted. What do you think of I\Ir. Otis's attempt to defend the Hartford Convention.^ When I was in Boston last autumn, lie mentioned his intention to me, and asked my opinion of its expediency. I advised him not to make the attempt. I told him that transaction was passing rapidly out of recollection and would soon be for- gotten, and that it would be unwise to revive it by a public discus- sion, which could do no good but might do much harm. The event will show whether I gave him good or bad advice. With affectionate regards to Mrs. Gore, I am, my dear Sir, truly yours, J. Mason. CHRISTOPHER GORE TO JEREMl.lII MASON. Waltham, Jainiarv 24, 1820. Mv DEAR 'Friend, — I sincerely rejoice with you on Mr. King's election to the Senate, and more especially, as regards him, in the manner of it. He wrote me that he should set off on Friday last for Washington, where I trust he will do much sjood. You have known the cause of our cooling off on the Missouri Question. The tears of the gentleman to whom you allude on his return home operated on others, and letters, as I am told from Con- gress, absolutely shut the press, and possibly the Governor's mouth, on this interesting question. Messrs. Ouincy and Sullivan, we hear, doubt if they have not been too ardent and too explicit in the ex- pression of sentiments against the unqualified admission of Mis- souri ; and the consideration of this subject in our Legislature will be postponed until it can have no effect. All are alive on the Hart- ford Convention, and it is not impossible that instead of quieting the real or pretended jealousy on that measure, new bickerings and 237 ClIAI'TKR VI. 2-,8 Memoir of jfcrciHiah Alason. Chapter VI. increased acriiiiony bctwecn Massachusetts and sonic other portions of the Union may be the result. The New York papers speak with censure and not a little virulence on the subject ; one of the num- bers of these essays hints in strong terms that Messrs. Jay and others did or recommended the like conduct ; but these men, says Mr. O — , are forgiven. Enough seems to be said to irritate and provoke retort, but not enough, if it were possible, of which I doubt, to put down clamor. With deference to those who wield the weap- ons of their own defense, I think the essays carry the mark of apol- ogy and have the language of supplication in such manner and to so high a degree, as will produce directly the reverse of what is in- tended. As a piece of the like fabric, our wise men in the Legisla- ture have been trying to get up something like a re-burial of Gover- nor Strong and a funeral eulogy. This is now projected, as 1 learn, by those who declined to say a word of requiem to the departing Governor when he offered his farewell speech. Surely then was the proper hour, and why it was not embraced must be sought for, not in the most honorable motives of the human heart. We are told it would aid much in the same cause, which is supported by the lucu- brations in the " Intelligencer." Thus you perceive our politics, and the springs of them, so far as they are delivered to me. Your faithful friend, C. Gore. JERE.MLVH .M.\SON TO CHKI.STOI'IIER GORE. Portsmouth, Jaiiuary 31, 1820. Mv DEAR Sir, — I tliank you for your key to the Boston riddle. I should never have found it out by guessing. It certainly places your great men on humble ground. Should we through their means fail in tlie great question which now agitates the nation, they will incur an odium that will be remembered long after the Hartford Convention will have been forgotten. And from present appearances I think there is some danger that this will be the case. The backwardness of Massachusetts to express an opinion will be The Misso7iri Ou est ion. felt at Washington. I doubt whether wc have any men in the House of Representatives, ofsuiificient weight of talents and character to pre- serve our majority there, while under the violent pressure of a cajol- ing management to which tliey are exposed. There is reason to fear the question will be carried in favor of slavery by New England votes. I see nothing in the meek apology for the Hartford Convention, which if left unanswered would effect a change of public opinion or feeling. Mr. Gales promises that the subject shall be fully discussed. It is probable, however, that in the present press of other and more interesting subjects, this will pass off without exciting much notice. You doubtless observed the honorable mention of our Act, lor raisins State troops for the purpose of local defense. Do you remember the cold indifference with which that measure was at the time re- ceived in New England.'' I believe this is the first time that it has ever been noticed here in a newspaper I am sincerely yours, J. Mason. JEREMIAH MASON TO RUFUS KING. Portsmouth, April 15, 1S20. Dear Sir, — I thank you for the Congressional papers which I have received by your frank. I had hoped to see the speeches on the Missouri Question which you delivered this session, but I begin to fear they are not to be published. It is apparent from the rude and illiberal abuse they have at- tempted to cast upon you, that you must have touched the slave- holders to the quick. I trust that such abuse can do you no serious injury. Notwithstanding the apathy which prevails in this section of the Union on most political subjects, the discussion of that ques- tion excited strong feelings and made an impression that will not be soon worn off. Its bearing on political power is at length in some degree understood. The arrogant spirit of domination ex- hibited by the people of the South, both in and out of Congress, has offended some and alarmed others. Many of the former supporters 239 ClIAI'TER VI. 240 Ah'Dioir of yereviiah Mason. ClIAITER VI. of the X'irginia rule now lainenl uil'n a|;j)arLnt sincerity our uuiiiuh- tic disunion, the acknowledged cause of the late defeat. If this ten- dency of public opinion should be permitted to have its natural course, it would probably produce considerable effect. But the demagogues, office holders and office seekers, sensible of their dan- ger, are doing all in their power to counteract it. At present the prevalent feeling is that of mortification mixed with no inconsider- able degree of indignation toward those of our Representatives who are believed to have sacrificed the most important interests of their constituents to base servility and mercenary hopes of personal ad- vantage. It would seem that if a barrier is ever to be opposed to the ambitious projects of the Southern and Western States, it must be done soon. And in what way can that be done, while they com- mand all the patronage of the Government.? As long as that is the case I fear they will always be able to secure a majority in both Houses of Congrcs.s. If so our only remedy is to look to another quarter for a President. I hear of nobody who thinks this can be attempted with any prospect of success, till the present incumbent shall have served out his two terms. I know not what is inferred from General Smiths caucus, but presume that no considerable opposition is expected to Mr. Monroe's reelection. The good people of New England have been much disturbed during the past winter by the appearance of the ghost of the Hart- ford Convention, so adroitly conjured up, by Mr. O — in his defense of the character of the defunct. When I was in Boston last autumn, he mentioned to me his intention of undertaking that defense. I tried to dissuade him from the attempt. I do not know what he thinks of his success, but I am told that all his friends, as well as the friends of the Convention, are heartily sorry that he brought this unlucky subject back from the oblivion into which it was fast sinking. With great respect, I am as ever faithfully yours, J. Mason. Spanish Affairs. RUFUS KINC TO J1;KKMIAII MASOX. WashinctciN, May 4, 1820. Mv DKAR SiK, — It is some time since the receipt of your oblig- ing letter of the 15th ultimo. It ought sooner to have been acknowl- edged, but my attention has been of late a good deal engaged in watching the course of the New York election. The struggle is over, but who cries victory we here are unable to ascertain. My wishes have been on the side of Tompkins, believing that under him the State may be sooner composed than it would be under Clinton. Our session is near to its close. Except that bill chang- ing the mode of selling the jHiblic lands, nothing of importance will have been done, though much has been discussed which stands postponed to another session. Had not the friends of the tariff embraced a system too comprehensive or complicated, they would have succeeded. The cotton and woolen manufactures discon- nected with their associates would have received the protection asked for, but the bearing of the bill on ship-building and naviga- tion was insufferable. The auction and cash payment of duty bills failed also, being reported as parts of the tariff system, as it was called. Our Spanish affairs have often changed their phases during the winter; and the expected news from Spain, since the convocation of the Cortes, will in all probability postpone any definitive measures respecting Florida, about which less solicitude exists than formerly. Some desire the province of Texas, lying along the ocean and west of the Sabine, to be also obtained ; others have become less desirous respecting the Floridas, which will only add further strength in the Senate to the slave States, which by the multiplication of new States have become a controlling power in our government, though a minority. I have, however, no doubt that ultimately we shall pos- sess the Floridas. In respect to the Missouri debate, in which I took a part, which became the theme of gross misrepresentation and abuse, although, as the newspapers have shown, much has been 31 241 (IIAlTr.R VI. 2_L2 Chaktek VI. Memoir of Jo'c^niaJi Mason. said, the argument, whether the power or the poh"cy be the inquiry, remains unbroken in favor of the restriction. Indeed, nothing hav- ing the character of a law, or constitutional or statesmanlike argu- ment, has been offered to the contrary, and in my conviction none can be invented. All the speeches hitherto published have been prepared by those who delivered them. There was no note-taker present in the Senate, and I have not put a pen to pajx-r in order to preserve what I said on this occasion. The Presidential caucus was a mere abortion. The measure was adopted more by the vanity of General Smith than from all other motives. There will be no opposition to Mr. Monroe, that I have heard of None is expected even from New York, whose deputation will in all probability be anti- Clintonian. If Tompkins has been chosen Governor of New York there might have been, and even yet may be, a caucus for his suc- cessor; but I consider this event uncertain and not likely to be definitely ascertained, at least in favor of Tompkins, before Con- gress adjourns. Rush, of Pennsylvania, Morrow, of Ohio, Clay, of Kentucky, and my brother, of Maine, have been spoken of, but as far as 1 can form an opinion, it would be that no person is yet soberly thought of for the place of Vice President except Tompkins. Our treasury is exhausted. No notice was personally given of its condition. The Executive removes, but dares not propose to impose, taxes. The reduction in the military appropriation of this year, including the fortifications and ordnance department, exceeds two millions. This financial scheme is adopted with the knowledge that contracts have been made that require this sum, but which the contractors will not receive as they ought, but for which, with dam- ages, Congress will be called on next year. The stopping of the Yellow Stone Expedition will prove a neat saving, and may prevent an Indian war. The suspension or repeal of the Pension Law will be another saving, and yet the government must borrow from two to four millions this year, and the prospects of the next year are still more alarming. The project of the new tariff if it succeed, must reduce the import of tonnage duties still lower, and its estab- The Missouri Ouestion. lishment must produce the necessity of a system of internal taxes which the Western States have no incHnation to impose. A motion to reduce the army is before the House, and if no fears respectino- Florida prevent, it will prevail. The navy will follow next year. So we go. Excuse this rambling letter, and believe me very truly, Your respectful and faithful servant, Rims King. RUKUS KING TO ji;ki:miaii mason. Jamaica, L. I., M,iy 25, 1820. Dear Sir, — As Virginia has a])pcaled to the respective States on the Missouri Ouestion, I hope that your Legislature will not only sustain the appeal but give judgment in the cause. You are in the Legislature and will of course attend to the subject, should 3'our Governor, in imitation of Wolcott, bring it before you. I have no wish to recur to the subject during the next session of Congress; we shall be the same persons, and the result will not vary. Holmes of Maine, who is to come to the Senate, would be on the slave side; and New Hampshire has been divided. Although the question is not immediately to be discussed again in Congress, the principles will be constantly felt, and those which are correct want strengthening and confirmation. New Hampshire can and ought to lend her support. I wish that your Mr. P. would retire and give to you his place. The North wants force; numbers which are mere numerals in politics as well as finance are not to be relied upon. On all controverted points in every national question, we fight militia against regulars ; and as in war we suffer grievous de- feats until by more concert, which we have little prospect to effect, or by the influence of pride, which disdains inferiority, we select and continue our best men in Congress. No alteration can be ac- complished, but we shall forever be governed by the minority whose interests materially differ from our own and from those of a majority of the natives. If you could come from New Hampshire, and Web- 243 CilAl'TKR VI. 244 CllAI-lER VI. Alemoir of yeremiah Mason. ster from Massachusetts, I should feci sonic courage and confi- dence. Think of these things. With great esteem and respect, I am always and truly yours, R. King. IJANIEI. WEIISTER TO JKRKMIAII MASON'. Boston, May 30, 1820. Dear Sir, — I hope you will think a little of districting your State for members of Congress. I deem it an important affair in the present state of things and in relation to probable future events. They have done it in Vetniont ; and I learned there last week that two or three of their most considerable men might perhaps be elected in the fall. 1 believe 1 suggested to you also, the expedi- ency of separating the Congressional from the State elections. The Massachusetts Legislature assembles to-morrow. The important business is to decide whether there shall be a convention to amend the State constitution, and to elect a Senator. As there is one Senator from Boston, the other must come from the country. I suspect it will be Mills, George Bliss of .Springfield, or William Baylies of Bridgewater. It is possible, however, it may be a mer- chant, in which case I think Mr. Reed of Marblehead likely enough to be chosen ; very little is said about it at present. Our courts are through. Judge Story adjourned on Saturday, and Chief Jus- tice Parker on the Saturday before. When your legislative labors are over, I hope you will come this way and play a little. If noth- ing occurs to prevent, I intend being in Concord one day about the 20th of June. I have promised Mr. Olcott to be there if practi- cable. Your consignment of books and potatoes came safe to hand. I have tried the latter article first, and find it good. My appetite for the first is not at present quite so keen. The first Piscataqua man I see here, I shall charge with the conveyance of the two books I promised you. Mrs. Webster desires her regards to Mrs. Mason and her daughters. Yours truly, n. Wkhster. The Missouri Question. JKREMIAII MASON TO KUFUS K1N(;. PoiMSMoUTH, 'Ji/iic 4, 1820. My dear Sir, — I have to acknowledge tlie favor of two letters from you : one from Washington and the other after you had re- turned home. I thank you for the kind expression of your wish to see me again in the Senate. Many considerations concur to ren- der that situation very agreeable to me, among which the benefit of your society would not be esteemed the least. But it is for the present entirely out of the question. Mr. P. has no intention or inclination of resigning a seat which is so necessary to him for his comfortable support, unless he can secure some other place which will be equally profitable, of which I do not know that he has any prospect. And were he to resign, it is not probable his seat would be offered to me. And even were both of the difficulties removed, others of a personal nature and such as could not be easily sur- mounted, would still remain. Mr. Mellen as was expected, has re- signed. Mr. Webster can probably, if he pleases, have that place. In a conversation I lately had with him, he seemed to think that he could not immediately forego the profit of his professional business. It was however apparent that he had a strong liking for the situation, and should it be offered to him two years hence, I doubt whether he would decline it. I am fully sensible that it is of vital importance to us of the North to be better represented in Con- gress ; but I see not how this is to be effected, in any considerable degree, as long as we remain subject to our apparently intermin- able factions. The good Democrats of this town, by accident I believe, happened to elect me a member of the Legislature for the present year. I had no previous suspicion of their intention. The chief inducement I have to attend the ensuing session of the Legislature, is to see that the Virginia Resolutions on the Missouri Question, should they come under consideration, are disposed of to the best advantage. There will be, as I fear, no small difficulty in bringing our Legislature to 245 ClIAI'lKR VI. r 246 Chapter VI. Meinoir of yeremiah Mason. the expression of any strong opinion with that degree of unanimity which is necessary to give it effect ; the dominant party has been already greatly alarmed. Many of their influential leaders, among whom are the judges of our Superior Court, pretend to have doubts of the constitutional power of Congress to impose the restriction against slavery. The true cause of tiie alarm is a fear that a schism may be produced in the party. The leaders are constantly recom- mending a peaceable acquiescence in the decision that Congress has made, and a careful abstaining from whatever may cause irrita- tion, provoke local jealousies, etc. One branch of our Legislature, the Senate, it is expected, will be entirely Democratic, and at least three fourths of the House of the same sort. The attempt will be to parry the question and avoid the expression of any opinion. Much will depend on the course which shall be adopted by our Governor, and it is impossible to foretell what that will be. I am, with the highest respect. Most sincerely and faithfully yours, |. Mason. DANIKL WEBSTER TO JliKFlMIAH MASON. Boston, yuiic 15, 1820. Mv DEAR SiR, — If your session should prove as short as you anticipate, it will not be in my power to see you at Concord. The circuit court sits here, by adjournment, on Monday, which I must attend. If your session should last through next week, I shall probably be up. I have been endeavoring to do something about an answer in Mr. Olcott s case, but have made very little progress in it. I wish he would send me a full copy of the bill. Our Leg- islature is wholly engrossed by local subjects, especially by the project of a convention, which it seems we are to have. I have inquired of Mills, Dalton, Lawrence, and others. They all say the Virginia Resolutions have not been conmuinicatcd to them ! ! Whether they were sent last winter, or whether the Go\ernor has The Missoiiri Ouestion. omitted them, or whether Virginia never sent thcni at all, is more than I know, and more than anybody here appears to know. M ills's election is probably the best thing that could be done. He is always respectable, and will be, I think, a safe man. Local causes ren- dered it convenient to choose a man in his part of the State, and he is generally popular. I learn from various sources that you make quite a promising legislator. I am glad to hear it. So far as I learn particulars, they meet my approbation. I like your idea of discontinuing joint committees, — a great barbarism — in legis- lative proceedings. In the course of time, I expect to hear of some legislative movements about the judiciary, if opinion in New Hamp- shire is as strong on that subject as it is represented to be by those persons whom I see here from the State. Our convention is an important subject ; a great many things of consequence will be dis- cussed in it, among others the erection of a court of equity. Yours, D. Webster. CHRISTOPHER GORE TO JEREMIAH MASON. Waltham, yiiiie 25, 1820. My dear Sir, — I have received your letter of the 23d June instant and read your resolutions with much pleasure. I think them ex- cellent, and sincerely wish that Massachusetts had as well preserved her dignity and character. Why Governor Brooks did not present them to the notice of our Legislature, I cannot say. Thinking he would, I desired a common friend to request of Judge Parker that he would converse with his Excellency and impress on his mind what was due to his own character, that of the State, and to the cause of freedom, and the defense of our own political power. I could not see the Governor myself, and although I have inquired of several, I have never attained the least satisfaction on this subject. There is, as I feel, a total lethargy on all our national concerns in the sentiments and conduct of those who direct public opinion and the public councils. The people on the Missouri Ouestion are a 247 ClIAl'JKR VI. 248 Memoir of ycreviiak Mason. CuAiTKR VI. ' great way in advance of their leaders. Individuals with whom I have talked on this question (and I have spoken to all I have met and arc conversant on such topics), acknowledge its importance, but it would seem that some fatal spell is brought to operate on the Government to prevent every expression of sentiment, or only at such time as to discover our opinions when we are sure they can have no influence but to raise the ill temper and contempt of the slave-holding States. I rejoice that you went to the Legislature, and that you have caused the State to honor itself and support the cause of freedom. My wife, who is in tolerable health, unites in affectionate regards to yourself, Mrs. Mason, and daughter. Faithfully I remain your friend, C. GOKE. RUFUS KING TO JERLMI.Ml M.VSON. Jamaica, L. I., July 6, 1820. Dear Sir, — So far from thinking that you stopped short of the true point, your report and the resolutions of your Legislature, with- out reference to the domestic considerations to which you refer, are just such as they should be to produce the reflections that may lead to reformation. Your argument is persuasive as well as convincing, and the suggestion, that your scheme might be considered as ac- quiescence in the slavish construction of the Constitution, is a sea- sonable rebuke to Massachusetts, whose errors and repentance are equally deplorable. States, like men, who fail in self-respect are without title to the respect of others. After the separation of Maine, Ma.ssachusetts was bound to retrieve her ancient reputation, and to obtain justice she must show the world that she merits it. With friendly regards and great respect, I am dear Sir, Your obedient and faithful servant, RuFus King. Mr. Mason in fhc AL II. Lcois/d/nrc. 249 P. S. — In a letter last evening received from Mr. Gore, he says that he is told that the Virginia Resolutions were not sent to Massa- chusetts. Has Virginia restricted them to the States whose Sena- tors voted for the extension of slax'ery .f" I wish very earnestly that you would settle the conclusion firmly in your mind, that you ought to form motives in every sense lion- orable, and give me leave to say obligatory, to desire to return to the Senate of the United States, and as soon as it may be in vour power to do so. The highest interest of your country, your own reputation, and the very extraordinary condition of the representa- tion of the Northern States, all unite in calling for those sacrifices which I fear you have not sufficiently undervalued. Mr. Mason, as he informs Mr. King in his letter of June 24, 1820, was in that year chosen a member of the New Hampshire House of Representatives from Portsmouth. He was not a candidate for the ofiice, and was wholly unprepared to receive at the hands of the Democrats, who were a majority in the town, an honor which must have been gratifying to him as a mark of their respect for his per- sonal character. He was induced to accept the office not merely from the motive mentioned in his letter to Mr. King, — a wish to see that the Virginia Resolutions on the Missouri Question, should they come before the Legislature, as he expected they would, should receive proper consideration, — but also from a desire to effect some changes in the administration of the law in New Hampshire which his experience at the bar had shown to be desirable. Upon the organization of the House he was placed at the head of the committee on the judiciary, and from the journal of the House appears to have given much time and thought to his legisla- tive duties. Among other things, he reported resolutions which passed into a law, making substantial changes in the judiciary sys- tem of the State, abolisliing the court of common pleas, transferring most of its jurisdiction to the superior court, and constituting a court of sessions. 32 I'll MTKK VI. 2;0 Memoir 0/ yereiniah Mason. CHAKI'KR VI. The \'irginia Report and Resolutions on the Missouri Question were sent by the Governor of that State to the Governor of New Hampshire, early in the June session, and by the latter transmitted to the Legislature for their action. They were drawn with much ability, and set forth in forcible and earnest language the doctrines as to the sovereignty of the States and the limited powers of Con- gress, of which Jefferson and John Taylor of Caroline were the leading exponents in their time.' In the House of Representatives they were referred to a commit- tee of which Mr. Mason was chairman, and on the i6th day of June, he presented a report and resolutions thereon. These, alike from their essential merit and the enduring interest and importance of the subject on which they treat, are thought worthy of being here reproduced : — 'I'hc cominiltee h.is not deemed it necessarj' to inquire whether it would have been expedient for the Legislature, at the present time, to express its opinion on this important subject, if it had not been thereto specially invited. But the Legislature of the State of Virginia has seen fit to address to the Legislatures of the different States of the Union certain resolutions, together with the reasons on which they are founded, giving a construction to important provisions of the Constitution of the United States, and defining the powers of Congress. The forbearing to e.\press an opinion, when thus appealed to, might be taken for an acquiescence in the construc- tion contended for. After having carefully examined the resolutions, and the reasoning offered in their support, with all that attention to which they are entitled, as well on account of the source whence they originated, as on account of the great importance of the sub- ject to which they relate, the committee is of opinion that the Legislature of Vir- ginia contend for an erroneous construction of the Constitution of the United States, relative to the powers of Congress, which if adopted will prove highly injurious to the best interest of the nation. Since the passing of the resolutions under consideration, the subject matter of them has been so amply discussed in the Congress of the United States, as to render it at this time an unnecessary and useless labor to assign and illustrate at large the reasons why this Legislature ought not to give its assent to them. Notwithstanding the reasoning of the Legislature of the State of Virginia on the 1 The report and resolutions maybe found in the House Journal of the New Hampshire Legis- lature, June sesision 1820, page 41. Report oil tlw I'^irgijtia Rcsoliilious. langiKige of the Coiislitution, the committee has full confidence that the power to prescribe tlie prt)hii)ilion of slavery, as a coiuiition of the admission of new States into the Union, is vested in Congress by a fair intcrijretation of the language of that instrument. The argument chiefly relied on is that the prescribing such condition by Con- gress is inconsistent with tlie sovereignly of the State to be admitted, and its ecpial- ily with the other States. It is admitted that "Congress — if the applicant for ad- mission into tiu' Union ii.id no right wliatever to demand it, as would be the case of an independent State making sucii application — might provide for the admission of such State upon the performance of precedent conditions not impairing its sove- reignty." If so, as the territory of Missouri h.ul no right to demand admission, the only question is, Whether the right to establisli shivery within tlieir respective limits is essential to that sovereignty which is enjoyed by the dit'ferent States of the Union under the Constitution of the United States .' For evidence that sucli right is not essential to their sovereignty, an appeal might lie made not only to tlie solemn asser- tion of the unalienable right of all men to freedom, announced in the Declaration of our national Independence, and which is adopted among the fundamental principles of many of the State governments, and to the reiterated acts of the General Govern- ment, in admitting into the Union new States with a prohibition of slavery, but also to the enlightened judgment of wise and good men of all countries. Slavery is prohibited by the immutable law of nature, wiiich is obligitory as well on States as individuals. The establishing or permitting slavery by a State being thus morally wrong, the right to do it, instead of being essential to its sovereignty, cannot e.xist ; e.Kcept only in cases where slavery having been already introduced cannot be suddenly abolished, w'ithout great danger to the community. Under such circumstances, it must of necessity be tolerated for a time as the sole means of self-preservation. This painful necessity may justify the temporary continuance of slavery in certain States of the Union, where it now e.xists. lUit in the opinion of the Committee noth- ing can justify the unnecessary extension of this great evil to newly formed States. As far as it may affect the sovereignty of a nation, no material difference is per- ceived between the case where it surrenders its supposed right to carry on a traffic in slaves with a foreign country assenting thereto, and the case of its surrender of its right to acquire in any other way and retain slaves within its own limits. And yet several independent nations — and our own among others — have, without any suspicion of injury to their rights of sovereignty, bound themselves by treaty stipula- tions forever to prohibit that monstrous traffic. Have they thereby lost what is essential to their sovereignty ? If from the i;enerabty and conciseness of tlie terms used in the federal Constitu- tion any doubt remained as to their true construction, in rcLition to tlie power of Congress, in the particular under consiileration, such doubt would be removed on 251 ClIAITER VI. 2 r 2 Mevioir of yc7-ciniah Mason. Chapter VI. examining the condition of the territory belonging to the United States, at the time of the adoption of the Constitution, and the obligation they were then under to form the same into Stales to be admitted into the Union. After the United States had by the treaty with Great Britain, and by a cession from Virginia and certain other Stales of their claims, acquired an undisputed title to the territory northwest of the River Ohio, they passed the ordinance of 1787, for dividing that territory into States, and for their admission into the Union. This ordinance is entitled ''.Articles of compact between the original Stales, and the people and States within the said territory forever to remain unaltered.'' It recites the objects and design to be " for e.xtending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws, and con- stitution are created ; to fi.\ and establish those principles as the basis of all laws, constitutions, and governments which forever hereafter shall be formed in said terri- tory; to provide also for the establishment of States and a government therein, and for their admission into a share in the federal councils, on an equal footing with the original States, at as early a period as may be consistent with the general interest." It then provides as one of the articles to remain forever unalterable, that "there shall be neither slavery nor involuntary servitude in the said territory."' The State of Virginia, with four other slaveholding States, assented to this compact. And Vir- ginia afterwards expressly ratitied it, by an act of its Legislature. The States men- tioned in the ordinance, and in which slavery was to be thus forever prohibited, were still to be admitted on an equal footing with the original States. Of course the prohibition of slavery was not supposed to be incompatible with their sovereignty. The United States having thus pledged their faith and bound themselves to admit these Stales into the Union, with a ])erpetual prohibition of slavery, it would seem to be impossible that the Constitution, which was soon after formed, and certainly with a full knowledge of the ordinance, should not have been intended and under- stood to confer on Congress the requisite power to peifonn the obligation. In further proof that the Constitution must have been so understood, might be cited the act expressly confirming this ordinance, among the first doings of Congress under the Constitution. In conformity with this understanding of the Constitution, have the Stales northwest of the River Ohio been admitted into the Union, subject lo a perpetual prohibition of slavery. Most of the other new States have likewise been admitted on such conditions as Congress, deeming them to be suitable to their respective situations, has been pleased to prescribe. This being the construction given to the Constitution immediately after its adop- tion, and which has been acted upon without opposition, and acquiesced in for more than thirty years, it was not to have been e.xpected that its correctness would at this late period have been drawn into question. It must be recollected that this contemporaneous construction of the Constitution was made by those who had the best possible means of knowing what was its true Report on tJi e Viroinid RcsoluL lOJlS. intent. Many of the distinjjuishcd momhc-rs of the Convention which formed the Constitution, were at tiiat time in the national coLnuils. Neither these States themselves, so admitted on prescribed conditions, nor any body in tiieir belialf have heretofore donhted tli at tiiey were on an equal footing with the original States, or that they enjoyed all the rights essential to their sov- ereignty. The Legislature of \'irginia attributes this early construction of the ('onstitution, so imiformly followed by the General Government, and acquiesced in by the States, to the score of misapprehension. And an intimation seems to be given to the newly admitted States that the conditions and stipulations, on which they were admitted, and which were solemnly ratified by them, are of no binding force. The dangerous tendency of such a doctrine is too apparent to need comment. The Legislature of Virginia admits " that this subject addresses itself very strongly to their interest as well as their feelings." If the obviously just and long settled construction of the Constitution, in a particular of great national concernment, may in a moment of excitement be set aside in favor of supposed doubts, raised by the e.xcess of ingenuity of reasoning, no ground of security will remain for the equal rights of the States ; and the foundation of the Union itself may be shaken. An argument against the power of Congress to prevent the e.xtension of slavery to new States is attempted to be raised from the genera! scope of the Constitution and from the nature of our free institutions. The Legislature of Virginia says, "It can never be believed that an association of free and independent Stales, formed for the purposes of general defense, of establishing justice, and of securing the blessings of liberty to themselves and their posterity, ever contemplated the acquisition of terri- tory for the purpose of establishing and perpetuating for others and their posterity that colonial bondage against which they themselves had so lately revolted. Power may enslave them (the inhabitants of territories) longer, but the laws of nature and of justice, the genius of our political institutions, and our own example, proclaim their title to break their bonds and assert their freedom." Can this have been in- tended for calm reasoning, to convince the understandings of those to whom it purports to be addressed, or was it designed to produce an effect on the feelings and conduct of the inhabitants of the territory of Missouri then demanding admis- sion into the LTnion 1 It is hoped it will never be believed that this association of free States, formed for the noble purposes above stated, ever contemplated the acquisition of territory for the purpose of establishing or extending bondage of any kind. If the Constitution gives to Congress the power in question, it is not perceived that there is any stipulation in the treaty ceding Louisiana to the United States that forbids the exercise of it in providing for the admission into the Union of the territory of Missouri. The provision of the treaty, which is supposed to impose on Congress the obligation of admitting that territory unconditionallv, is the followino-: '^SZ CHAi'rr.K VI. Chakikk VI. "The inhabitants of the ceded territorj' shall be incorporated into the union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States." It is not believed that this provision can have any effect whatever on the question. The admission into the Union is to be accord- in" to the principles of the Constitution. If Congress may according to those prin- ciples make the prohibition of slavery a condition of the admission, tlien surely the admission, subject to that prohibition, cannot be at variance with the principles. The rights mentioned in the treaty are such as are conferred by the Constitution of the United States on its citizens, among which the right to hold slaves (if such right there be), is not one. Admitted subject to the proposed inhibition of slavery, the inhabitants of Missouri would have enjoyed the same rights, as citizens of the United States, as do the citizens of the States on the north side of the River Ohio, or as do the citizens of other States where slavery is not tolerated, and who, as is hoped, will not be soon convinced that they do not enjoy all the rights appertaining to citizens of the United States. To avoid this conclusion, the Legislature of Virginia contends that the clause " according to the principles of the Federal Constitution," is no more than a qualifi- cation of the time of admission. But the Constitution neither states nor even al- ludes to any principle whatever to designate or determine the time for the admission of a new State. Such construction of those words would therefore render them wholly inoperative, and must consequently be rejected. The toleration of slavery in a portion of our common country has long furnished matter of reproach on our national character. Strong hopes were entertained that instead of the zeal now shown for enlarging the sphere of its baneful operation, suit- able measures would have been adopted for its gradual abolition. Congress, having the power, is bound by considerations of justice and humanity, and by a regard to the general welfare of the nation, to prevent the further extension of this evil. The attempt to wrest this power from Congress affords just cause of alarm. It is appar- ent that slavery creates habits and interests peculiar to the States tolerating it, and that it constitutes between them a strong bond of union. To this cause is to be attributed the unparalleled unanimity of every Senator and Representative of the slaveholding States, on the passing of the late act by Congress, affecting this subject. Should this odious bond of union be permitted to be extended, without opposition, it will soon produce such a combination of political power as may be sufficient per- manently to control all the measures of the national councils. By the Constitution, a disproportionate share of political power is conceded to the slaveholding States on account of their slaves. And although the equivalent given to the States not tolerating slavery has in a great degree failed, by reason of the government's sel- dom resorting to direct taxation for revenue, yet no complaint is m.ide, while the Report on the Virginia Resohitions. 255 advantage is confined to the original States, the parties to the compact, or even to new States formed within their limits. Hut new States formed out of territory not included within the original limits rd oiu- thousand eight hundred and ttventy-one. Whereas a report of a committee of both Houses of the General Assembly of the State of Ohio, and certain resolutions founded thereon, relating to proceedings in suits in the Circuit Court of the United States for the district of Ohio, .igainst cer- tain officers of that State, have been communicated by liis Excellency the Governor, with a request of the Legislature of the State of Ohio that this Legislature will ex- press its opinion thereon ;. which report and resolutions having been duly consid- ered : Therefore, Resolved, by the Senate and House of Representatives in General Court convened, that the Congress of the United States has by the Constitution power to establish a Bank, with offices of discount and deposit in the several States, as is done by the Act establishing the Bank of the United States ; and that the exercise of this power is necessary for the due administration of the fiscal concerns of the United States. Resohed, That as the Constitution and Laws of the United States made in pursu- ance thereof, are the supreme law of the land, " anything in the Constitution or laws of any State to the contrary notwithstanding," therefore any act of tiie Legislature of a State, which if carried into effect, would prevent or defeat the rightful e.xercise of any of the powers vested in the General Government, is void. Resolved, That tiie act of the Legislature ofCJhio, levying a tax on liie Bank of the United States, if carried into effect would compel a removal from that State of the offices of discount and deposit there established and thereby prevent and defeat the rightful exercise of the power vested in the General Government by virtue wiiereof the officers of the Bank were there established. Resolved, That inasmuch as the judicial power of the United States extends to all cases in law and equity arising under the Constitution and laws, this Legislature is of opinion that the judicial power of the United States is co extensive with the leg- islative power, and that it appertains to the judicial department of the government of the United States to determine cases arising from a conflict between the laws of the United States and the laws of a particular Stale, and that the preservation and due exercise of this power is essential to the peace and safety of the Union. ' Sec Osborn vs. United St.itcs Hank, 9 Whcaton, 738. The Missouri Question. 257 Resolved, That, in the opinion of this Lcgishituie, the proceedin-^s in the C'irciiil Court of tiie United States for tlie district of Ohio, in the before iiientiimcd re])ort stateii,do not violate llie letter or spirit of the ele\enth article ofliie amendments of the Constitution of the United States, nor constitute any just cause of comiilaint. Resolveil, That while this Legislature will always be ready to lend its aid to defend against any real encroachment on the rights of any of the States of the Unitjn, it will give its full support to the General Government, so long as it confines itself within its prescribed limits, in the exercise of the powers entrusted to it by the peo- ple of the United States, to secure the great objects for which the Constitution was formed. Resolveii, That his Excellency the Governor be requested to transmit to the Gov- ernors of the several States of the Union a copy of the foregoing resolutions. CuAi'rr.R \'I. In tlie Hotise the report was accepted, and the resolutions adopted, by a vote of one hundred and seventy-two yeas to eight nays ; but in the Senate, mainly, as it was said, through the influence of an active Democratic politician, a member of that body and after- wards of the United States Senate, they were indefinitely postponed by a vote of seven yeas to five nays. ClIAl'ltK VII. CHAPTER VII. Correspondence to tb« Close of 1824. — Letters to and from Mi. Kinj;, Mr. Gore, Judge Story, and Mr. Webster. — Mr. Mason, in 1824, a Candidate for the United States Senate. — Causes of his Defeat. D.VXIEL WEIi.STKR TO JEREMIAH M.VSON. Boston, January 12, 182 1. MY nKAR Sir, — We learned by Mary's letter of Jane's recovery, which gave us great pleasure. We had become a good deal alarmed for her. You perceive our Convention is over. We have got out as well as we expected. As soon as our volume of debates and proceedings is published, I shall send it to you. It was a great body in numbers, and though I think it generally was well dis- posed, there was a good deal of inflammable matter, and some radi- calism in it. We were extremely fortunate in finding a consider- able number of gentlemen well disposed, who might otherwi.se have occasioned much trouble. You laugh a little, I know, at our early debates about Rules and Orders, etc. But the " Rules and Orders " brought us out at last. Without them there is reason tt> think wc might have come badly off. Some of our friends have increased their reputation a good deal. I think Judge S. has done so, al- though he had a great deal of that commodity before. Dutton, Hoar, and Saltonstall have decisively risen, not a little. We think three good things done; the Judiciary, the College, and the future amendment articles. As to the rest, there may be different opin- ions. The House of Representatives is not enough reduced ; but we could go no further, without departing altogether from town representation. The Senate stands pretty well. \\'hetlKr the MassacJntsctts Convention. 259 Religious Article is helped or hurt, its friends hardly know; so I suppose no great injury has probably been done it. Some smaller amendments about the militia, etc., have passed, which it would have been better to have omitted. 1 Icarn that you have finished your Common Pleas. The consequence, I think, must ere long be, an entire new modification of your Supreme Court. I hope you will keep in the Legislature long enough to pass a law for district- ing for members of Congress. I think that cjuite an object. I suppose I must leave home for Washington about the 25th. I wish you could make business up here for a day or two, before that time. I have had no regular talks with anybody, since you were here, and I think there were some subjects which we left unfinished. I want to look into Moore's " History of the English Revolution," to ascertain a particular fact. I will thank you to give it to the stage- driver to be brought to me, Sunday or Monday. It will come safe. Yours with usual regard, JEREMIAH MASON TO JOSICPH STORY. D. Webster. Portsmouth, yanuary 20, 1S21. My dear Sir, — While the debates were going on in your Con- vention, I was so much occupied with the ordinary business of our Legislature that I did not read them with much attention. I have lately read some of the principal speeches, and anticipate the pleas- ure as well as instruction, I shall derive from the volume containing the whole, which I understand is to be published. I am told your best folks are pretty well satisfied with the result. You have cer- tainly gained considerable for the Judiciary, something in lessening the number of Representatives in the House, and also for the Col- lege, and in the matter of future amendments. I am more certain that some of you have gained an increased stock of reputation. The bad usages which have prevailed in your State Legislature, subjected you to some difficulty at first, in the matter of rules and ClIArTKR VII. 26o Manow of jcrcviiah AJason. Chaptkk VI I. orders. But after that was over, I am decidedly of opinion that the debates and doings of the Convention cannot fail to elevate the character of your State. I hope also they will shed some lustre on the rest of New England, which stands greatly in need of it. I sup- pose you must be about setting out on your annual journey to Washington. The State of Mrginia, it seems, has provided you with another case, involving State rights. I sec by the last " Na- tional Intelligencer," that her Legislature has made a pretty bold attempt to forestall the decision of your court, in the lottery case. Virginia will never be quiet till she gets into her natural state of opposition to all the departments of the national government. Mary was much delighted with her visit at your house. She re- turned suddenly from Boston, as perhaps you may have heard, on account of the sickness of her sister, who has now happily recovered. Wishing you a prosperous journey, pleasant session of your court, and happy return, I remain, My dear Sir, as ever, sincerely yours. J. Mason. jkri;miaii masox to joskth storv. Portsmouth, yanuary 8, 1822. Mv DicAR Sir, — I should have answered your letter of last Oc- tober immediately, had I not felt a little timid in expressing any opinion on one of the subjects you mentioned ; I mean your slave- ship case.' On receiving your letter I made a slight attempt to examine the question. I found that I had not all the late English cases, and as I knew little about it, I concluded the wisest course was to say nothing. I rejoice that you have been able to come to there- suit you have, so suitable to the character of a court of justice, and to the nature of our system of government, and so congenial to all our best feelings. I am very desirous of seeing your opinion, which from an intimation in one of the public papers, I expected would ' Mr. Mason refers to the case of I.a Jeiine l-.iigcnU, 2 Mason, 409. Law Reports. have been published before this time. I take it you must necessa- rily come into conflict with the opinion of Lord Stowell. It will be highly honorable to our country to take the lead and give the law on this subject, and I trust you will be supported by the Supreme Court (where I suppose the cause has gone), and not impeded by any interference of the Executive Government. I have no difficulty in the questions discussed last summer in the Boston newspapers relating to the action of replevin, to which you allude. I had oc- casion, a few )-ears ago, to examine that point, and then concluded that the Massachusetts doctrine was unsound.^ In that conclusion I was confirmed by the late discussion, which showed as I think much industry and ability. The publishing of reports of law cases in so many of the States, is doubtless in many respects beneficial, but 1 fear it will in the end prove in some respects injurious. From the time of Dr. Sangrado to the present, men have generally been pretty resolutely determined to abide by the opinions they have put into their own books. Were it not for this difficulty in retracting pub- lished opinions, it is probable the court of Massachusetts would have returned to what can hardly be doubted is the true doctrine of the law. I have no doubt, however, that the Massachusetts reports are on the whole beneficial. Many of the cases are ably discussed and have been highly useful to us in this State. But I still think it would have been much better that some of the cases had been omit- ted. The science of the law is rapidly progressing, and if the busi- ness of reporting was managed more sparingly, fewer anomalies would at a future period be found in the laws and practice of the different States. I learn from Washington that the expected attack on the judiciary will be made, but, according to my informant, with little prospect of success at this time. The Kentucky proposal for amending the Constitution will end in smoke. The objections to 1 The Massachusetts doctrine was that replevin lies for a wrongful detention of the plaintiff's goods, although the original taking may have been justifiable. Judge Story held that the taking as well as the detention must be unlawful in order to authorize the process. See l!aker et al. vs. Fales, l6 Mass. 147 ; Meany rs. Head, i Mason, 319. 261 C'llM'l [•■.R VI[. !62 Chapter VII. Mciuoii' of yereviidh Mason. that project are obvious and insuperable. Besides destroying one of the leading principles of our government, a separation of the de- partments, it would subject judicial decision to all the intrigue and management to which a legislative body is always exposed. \\"hat chance for justice or consistency in a factious and somewhat popu- lar body, feeling little responsibility, a vast majority of whom if left to the influence of correct motives, would be wholly incompetent to the proposed task ! If this experiment could be tried, without dis- turbing the Constitution, I should not dislike to see the attempt. The nation would soon become sick of it, and the failure would free the Supreme Court from much undeserved odium. I do not believe there is any immediate danger to the judiciary by any acts of the Legislature. But what may be finally effected by perseverance and reiterated attempts it is impossible to say. A considerable por- tion of the jurisdiction of the courts of the United States is of such nature as will be always likely to give offense and excite angry pas- sions, and unfortunately not only all the responsibility, but all the odium rests on the judges of the Supreme Court. From their in- significance, or some other cause, the judges of the district courts share no part with you. I do think it is greatly desirable that there should be inferior courts, of character sufficiently reputable to bear a portion of the responsibility. But of this at ])rcsent there seems to be no chance. The Supreme Court has no choice of courses to be pursued. The straightforward course is the only one that can be followed. It may be with as much temperance as the Chief Jus- tice pleases, and no man ever excelled him in the exercise of that virtue. But any vacillation or retracting, which might be set down to the score of the present noisy threats, would be not only incon- sistent with a due regard to personal character, but in their conse- quences, destructive of the best interests of the nation. I have con- fident hopes that the doctrines of the new school will be met, both in and out of Congress, by such a manly opposition, as will put them down, before there shall be time for them to do much injury. I have been lately informed that our friend Webster has given in- Case of La jfeime Etigenie. 263 timations that Chancellor Kent might probably be induced to ac- cept the presidency of Dartmouth College. I know nothing of the ground on which this intiniation has been made. Probably you may. I think you are personally acquainted with the Chancellor. I have no manner of doubt he would be appointed without the least hesita- tion, if it were understood he would accept the appointment. I have no direct communication with any of the trustees, but am told measures will be taken to ascertain whether he will accept. If you can with propriety, I wish you would use your inlluence with him to induce him to hearken to the proposal. It would be highly grati- fying not only to us in New Hampshire, but to all New England, to have him among us. At the first blush, perhaps the situation would not seem very eligible for him. But if he intends to spend the remainder of his life in literary pursuits, it matters not much where his jDlace shall be. A man of his eminent talents can always make a place suitable for himself. With the greatest esteem and respect, I am truly yours, J. Mason. JOSEPH STORY TO JEREMIAH MASON. Washington, February 21, 1822. My DEAR Sir, — I had the pleasure of receiving your late letter a few days since. I will not conceal how much satisfaction it gave me to leani your approbation in the case of La ycune Eugenic. It was one of those questions on which professional minds might well differ, but which I felt involved a great principle of morals. The opinion has been read by several of the judges here, and in general I think it not unsatisfactory to them in its results. The Chief Justice, with his characteristic modesty, says he thinks I am right, but the questions are new to his mind. Mr. Pinkney agrees entirely in the result, and in all the intermediate reasoning except on a single point, where he thinks the doctrine so qualified, that he does not think it incorrect, though he says he paused upon it. Speaking of this gen- CiiArri.K VI I. 26 4 Memoir oj Jereiniah Alason. Chai'ikrvii. tlenian, I am sorry to inform you tliat on Sunday last he was taken very ill, with what is generally thought an apoplexy. But it is called by some softer name, a brain fever — for instance. He is better now, though still very ill, and I have my doubts whether he will ever again be thoroughly well.' At all events I think we shall scarcely again witness his extraordinary efforts. It is remarkable that Mr. Wirt was taken ill at the commencement of the term w-ith a like 1 attack, from which he is slowly recovering, and it is exceedingly doubtful if he will be able to attend court durins; the whole term. Our business has been exceedingly deranged by these accidents, and very little important business will be done this session. The propositions of \'irginia, etc., and of Mr. Johnson of Kentucky, respecting the judiciary are not likely to find much favor here in Congress. From opposite motives there will be hostility to them ; and 1 learn that even in Virginia, Mr. Eppes, in offering his resolu- tions against the judiciary, has met with a rebuke, — seventy-two against seventy-eight members voting to postpone them indefinitely. This looks somewhat ominous. In respect to the candidates for the Presidency, discussion has somewhat subsided, but it is clear that all public business is colored with the hues borrowed from this subject. Every measure is watched with a jealous regard to its bearing on this point. Kentucky is at present firm for Mr. Clay, and will struggle hard to bring other Western interests to bear in his favor. Mr. Crawford's friends are evidently alive and exerting themselves. Beyond all question Virginia means to stick by him. Mr. Adams seems in statii quo. I do not hear that he makes any friends, and unless supported by Maryland, he will not have a com- manding vote. I do not learn that he has any very zealous parti- sans at work for him. Mr. Lowndes by present appearances will not ultimately run against any other candidate from South Carolina, but his friends will unite with those of Mr. Calhoun. This latter gentleman stands very high here among elevated and considerate men, and appears to be gaining ground. His youth is against him, ' Mr. riiikncy died four days after the date of this letter. Presidential Candidates. and will probably weigh much in abating the wishes in his favor. But in all other respects I am told he is thought superior to most, if not all of the candidates. It is impossible to conjecture what will be the event, and I have not even attempted to speculate on it. I think, if he is not set up, his friends will probably incline to Mr. Adams. The whole Cabinet is by the ears. All are candidates, and as I hear, they are quite shy of each other. I imagine that consultations are merely formal, and advice rarely given in concert. I have thus thrown out all that I can learn of the iloatinu' rumors and euesses m this city of uncertainties; and am, with my respects to Mrs. Mason and Mary, most sincerely but in great haste, Your faithful friend, Joskpii Storv. DANiKi, wi:r,sTr;R to jeremiah mason. Boston, March 23, 1822. My dear Sir, — I came home this day week, after a longer ab- sence than usual, and having had a severe cold on the way, which detained me two or three days at New York. My observation at Washington has not probably enabled me to say anything new to you, as Mr. King has probably often written you, and his guesses are worth a great deal more than mine. I have formed, however, one or two opinions, which I shall state, without at present giving reasons for them, as to the future events. In the first place, I think it clear there is to be a zvanii contest for the Presidency ; and my expectation is that after sifting out sundry candidates having less support, the final struggle will be between Crawford and Calhoun. It would certainly come to this, if the present Congress were to de- cide the matter and were now to take sides. Whether the People may not interfere, before the time comes, and make a President of somebody else, I know not. The New York dominant party talk mysteriously, and hint that they may bring up Mr. King. Of all this I do not believe one word. I think they are aiming not to serve Mr. King, but to serve themselves by him ; and I fear he is 34 265 CiiAi'iKi; VII. 266 Memoir of ycrcmiaJi Mason. CiiAriEKVii. not quite so fully impressed with this truth as he ought to be. I take the New York votes to be yet to be dis]Dosed of, according to circumstances. Pennsylvania, it is thought, will be unanimous for Mr. Calhoun, and I suppose is the basis of his expected support. I have heard opinions expressed, respecting other States and parts of States, about which speculations have been formed. Maine is I expected to go for Mr. Crawford. Your Mr. Hill is gone to Wash- ington, and in all probability he will pledge New Hampshire to the same interest. I think the " Intelligencer" latterly favors the same interest. The President, as far as he ventures to have any opinion, is, I imagine, against that interest. We had rather an interesting court. There were some causes of consequence. Your friend Tazewell (who quotes you on all occasions) made a good speech in one of these Baltimore privateering causes. He is a correct, fluent, easy, and handsome speaker ; and a learned, ingenious, and subtle lawyer. Our friend Judge Story seems to have drawn up more than his share of opinions ; and I think in general they were very able. In the Spanish Commission, affairs go tolerably well. The general course is favorable to the North and the real mercantile losses except only as far as relates to the contract cases which are likely to be forced in, against the opinion of the Commission. I have a particular reason for wishing to see you between this time and the first of May. Shall you probably be this way .'' I am, dear Sir, yours as always, D. Webster. JEREMIAH MASON TO RUFUS KING. Portsmouth, April 12, 1822. Dear Sir, — I thank you for sending me your Report on the Restrictions of our Trade with the British West Indies. The very satisfactory view which you have given of the justice and policy of the measures adopted by the United States, must tend to silence the complaints which local interests had excited. In this quarter Trade zvith the Britisli West Indies. 267 of the Union no dissatisfaction lias been felt except by a few individ- uals whose private interests were supposed to be affected. Our best informed merchants are of opinion that the value of this trade has been greatly overrated, and if it should be permitted to our vessels equally with tlie British, under the restrictions which would prob- ably be imposed, that it could not be profitably pursued to any con- siderable extent. A strong recommendation of the President for acknowledging the independence of the South American provinces, and the extraordinary unanimity with which it was adopted by the House of Representatives, leads me to suspect there was information at Washington that this measure would give no serious offense in Europe. If the late intelligence of the declaration of the Spanish Cortes be true, it would seem that was not the case. I hope we are in no danger of a misunderstanding with Spain, or any other power, on this subject. We are certainly not in a situa- tion to justify the encountering much risk. In the present condi- tion of our finances, it would be folly even to talk of a war. If I mistake not the people at large do not participate much in the zeal felt by their representatives on this occasion. The squabbles among the members of the Cabinet for the succes- sion tend to degrade the government and deprive it of the public confidence. It must require nothing less than the whole energy of the President to keep the peace of his own household. Should these squabbles continue, there is a chance that the people may take the matter into their own hands and determine it for them- selves, in which event I hope that more than one of the present candidates may be disappointed. The Baltimore pamphlet on the public defaulters, as far as it is known, attracts much attention. If the facts were fairly before the people, they would produce a strong- sensation and in the end a beneficial effect. The government would be compelled to adopt a more efficient system of accounting for expenditures of public money. ' But there is no way by which these statements can reach the people. Since the Federal opposition ceased, no prudent conductor of a newspaper has deemed it expedi- CltArTKU \'II. 268 CllAIMKK VII. Memoir of jcrcDiiah Mason. ent to publish anything that might give offense to the powers that be. And this will continue to be the case until an opposition shall arise under some other name and from a different quarter. I do not know how to account for the long continuance of such entire apathy and indifference towards the present administration. It seems to have neither friends nor foes. From the excitement ihat prevailed in \'irginia and several other States, a violent attack on the Supreme Court was expected in the course of the present session of Congress. I am glad to see that this, together with a multitude of other projects of less importance, will probably end in smoke. I know it has often been said that lawyers arc apt to attach too much importance to the judiciary de- partment. I confess I have long been of opinion that the vigorous exercise of the judiciary power, to the full extent now authorized by law, was absolutely necessary for the preservation of the govern- ment. 1 think there is more occasion for extending than for re- straining the exercise of this power. Were it not for the extreme jealousy, on the score of State rights, felt in some sections of the Union, I should like to see provision made by law for the exercise of this power, to the utmost limits fixed by the Constitution. 1 cannot see how the other two de])artments of government can be effective, where the judiciary can do nothing. A restriction of the judiciary power necessarily involves a correspondent restriction of the other powers of government. It must be so at least in all cases where the general frovernment comes in conflict with the State government. With great respect and esteem 1 am faithfully yours. J. ISIason. KUFUS KIXC TO JKKKMI.MI M.VSON. Jamaica, L. I., May 17, 1822. l)i;.\R Sir, — I thank you for your obliging letter received at Washington. After a long and unprofitable session. Congress ad- Presidential Candidates. joLirncd last week. Our Siiutli America recognition ou<;'ht to make, and as I hope will make, no change in our political relations, though some apprehend difficulties. It is not probable that ministers will be sent before they are needed by our government ; the delay will afford opportunity to select proper characters and to watch the course of events ; it will moreover avoid the eclat of a premature proceeding. At the early period of the session we saw much eager- ness on the subject of the next President ; but the disinclination manifested by some of the State legislatures to enter into an early discussion of the question had the effect to discourage the same, and the session finished leaving the candidates in the situation in which it found them. Mr. Adams stands where he was. Calhoun did not advance. Crawford holds his own, and Clay is encouraged to persevere. His hopes rest on the election to be made by the House of Representatives. The subject will be resumed at the next session, and events which may occur in the interval may serve to render men more decided and explicit. The competition between the heads of departments creates jealousies and divisions in the pro- ceedings of Congress, and these will be increased in future sessions. The situation of the incumbent is such as might have been expected. The last year or two of his predecessor exhibited but little evidences of the attachment or fidelity of his political friends. The close of the actual Presidency will not in this respect be more fortunate. Our commercial difficulties with France will, as I conceive, be settled by a convention between Mr. Adams and Mr. Neuville. It will be only for a year or two, but will probably lead to a future and reciprocally beneficial adjustment. From England we have infor- mation that their West India ports are about to be opened. Some persons doubt whether in the present state of our navigation, the opening of the trade to British and American vessels will be advan- tageous ; but those who have most considered the subject of com- merce, best understand the advantages of its freedom, and with con- fidence depend upon its penetrating cjualities and the tendency thereof to its increase. If the markets of all nations were open, the 269 C'HAri KK VII. 270 Alcvwir of ycrcviidh Mason. Chai'ikr VII. consequence would be to create the highest stimuhis to commercial I enterprise and human industry. I am persuaded that this theory is the true one for the people of the United States, and it is a comfort to me to believe that it will make our country illustrious. With regard and respect, I am dear Sir, Your obedient, faithful servant, RuFUS King. JKRKMIAII MASOX TO CIIRISTOPUKR GORE. Portsmouth. April 17, 1823. My dear Sir, — In a letter I had from Mr. Payne, within a few days, he informs me that you had in good degree recovered your health ; that you were much better than you had been for several years past, and that there was a fair prospect of your again having the use of your limbs. I most cordially congratulate you on this happy event. Be assured, my dear sir, 1 am exceedingly rejoiced. There are very few persons in the world, whose welfare would give me such sincere pleasure. TIic patience and magnanimity with which you have borne your long continued and severe sufferings, have always excited my admiration. I hope and trust that the pres- ent prospect will not prove fallacious. I have enjoyed good health all my life, with few trivial exceptions, and I have been often told that no one can duly appreciate the full value of health, without having undergone the pains and jjenaltics of sickness. 1 pray God you may long enjoy your present happiness without again paying its extravagant price. It seems Dr. Eustis has carried his election with an o\erwhelming majority. I was prepared for this result, when I saw both Orthodoxy and the Hartford Convention invoked to his aid This is the second time Mr. Otis has been the unfor- nate occasion of calling up the ghost of that unlucky convention. I hope it is now laid forever. This is probably the last struggle of Federalism. This last defeat, in its stronghold, like most former ones, has been effected by the want of policy and the mismanage- The Federal Party 271 meat of the leaders. Whetlierthe result ought to ])e deemed matter of regret, depends in my opinion almost entirely on the course that shall be pursued by the successful candidate. Since the dissolution of the Federal party in the United States, I have not been able to see an}' general benefit tVom retaining its name and nominally sup- porting its principles in a single State. It may have been conven- ient to individuals, and possibly beneficial to that State at large. However that may be, it has certainly been injurious to neighboring States, by impeding by its example the amalgamation of parties. Without much confidence either in the wisdom or moderation of the successful candidate, I still hope the follies of Gerry's administra- tion are not to be reacted. If I mistake not, the spirit of the times does not require it, and would ill bear it, unless excited by what is now to become the opposition. I see it stated in the papers, that Judge Jackson has resigned. This vacancy, left to be filled by the successor of Governor Brooks, would I think add much to the security of the bench. Should an individual obnoxious to the dominant party be appointed, ways and means would be easily devised for removing him, and probably his brethren with him. This State, Connecticut, and New York furnish ample evidence that in times of party excitement judicial offices are no more permanent or secure than others. I am just released from a long and tedious session of our court. One of our judges, being about to become Governor, ^ thought an attempt to clear out the docket would add to his glory. This occa- sioned a long adjourned session in this county. I intend soon after the Circuit Court of the United States, which will begin 8th May, to go to Boston. lam the more desirous of this, as I anticipate the pleasure of seeing you in good health. With my and Mrs. Mason's best respects to Mrs. Gore, I am truly and affectionately yours, J. Mason. ^ Judge Woodbury. CUAITKU VII. 272 'CHAI'IKK Vll. Memoir of yeremiah Mason. Mv JKKKMIAU MASU.N TO JOSlil'II STOKV. Portsmouth, April 24, 1823. DEAR SiK, — I sec that by an act of the last session your cir- cuit is to commence at Portland the ist of May. We expect Mrs. Story will accompany you to Portland, as she intended to do so one or two of the last times you went there. We shall be highly gratified if you can make it convenient to spend a day or two with us as you go down. We shall depend at all events on your coming directly to our house, and remaining for the night, which you must of course spend in Portsmouth when on your way to Portland. I had promised myself the pleasure of going with you to Portland. I was applied to to argue a cause pending in your court there. But I believe it is agreed to be continued, which will deprive me of the excuse for going. Mr. Webster wrote me from Washington, a few days ago, to ask you for a letter he had written to you, of and con- cerning the appointment of a successor of Judge Livingston. I feel a curiosity to know the causes of the unexpected demur that has happened in that matter, and wisli you would remember to put the letter in your pocket. When I first heard of the death of Judge Livingston, I had strong hopes that Chancellor Kent would have been appointed ; but if what I have heard intimated be true, that this appointment is embraced in the calculations of the present great political juggle, whatever may be the cause of the delay, I think Chancellor Kent stands no chance. I do not see how his appoint- ment can be made to answer the jnu-pose of any of the candidates. With best regards to Mrs. Story, in which Mrs. Mason joins me, I am, as ever, truly yours, J. Mason. Mr. Cliiitou a Presidential Candidate. JEREMIAH MASON TO JOSEPH STORV. Portsmouth, November 3, 1823. My dear Sir, — I received, a few days ago, the package herewith sent, from Sparhawk the secretary of this State, containing, as he says, several pamphlets of our statutes, with a request that I would see them forwarded to you. I suppose this is intended to be in compliance with a resolve passed while I was in the Legislature. If I rightly remember, that resolve directed him to send you all of our statutes then in force, and future ones as published. I recollect such was the purport of the resolution introduced, and something was said about there not being in the secretary's office a complete set of the statutes in print. Whether the resolution was amended in consequence of that suggestion, I do not recollect. But I do remember speaking to Mr. Sparhawk on the subject, and he prom- ised me to send you the volume containing our last edition of the statutes, and such pamphlets since published as he had in the office, or could procure. In case you have not received them and will inform- me, I will procure them for you. I have a letter from Mr. Webster, stating that Mr. Clinton has started in the Presidential race, with the present appearance of extraordinary popularity, in the State of New York. He seems to think, from present appearances, that Mr. Clinton stands a good chance to carry the State of New York. If so, it increases the probability that the election will be decided in the House of Repre- sentatives. My son George returned last evening from his Western peregrination. He returned by way of Detroit, through the Lakes, and is full of stories of perils by land and by water. One of the latter went near being fatal to the poor fellow. In crossing the Hudson at Albany, he imprudendy — as is common for young men and not uncommon for old men — sat in a close carriage. By a mis- hap the horses with the carriage went out of the boat into the river, where the water was twenty feet deep. He luckily crept out of a window and hung on to the carriage till taken off by another boat, 35 273 ClIAl'TKU VII. 2 74 Memoir of jfereviiah Maso7i. ,.,, immcdiatolv after which tlie carriajjc sank. He sustained no other ClIAI-lKK \ II. . ' , 1 1 • -1 11 II \ inconvenience than a thorough ducking in the cold water, and the I wetting of his baggage, wliich was afterwards recovered. He has seen a good deal of the Western world, and I trust will derive some I benefit from it. He seems not to be desirous of returning with a view of a residence there. I am sorry he had no opportunity to ! deliver the letter you so kindly gave him to Judge Todd. I With my and Mrs. Mason's respects to Mrs. Story, I am, dear Sir, as ever, truly and affectionately yours, J. Mason. DAMF.r. WEKSTKR TO jr.RF.MIAII MASOX. Princeton, N^in'cmh-r 20, 1823. Mv DEAR Sir, — We arc thus far on our way well, and without accident. I spent two or three days in New York, and write this principally to give you information of what suri)rised me, and will agreeably, I imagine, surprise you. I mean the extraordinary present popularity of Mr. Clinton. I was in no manner jjreparcd to hear the language, held in the city, on that subject. The vari- ous candidates for the Presidency, or their friends, now seem to consider him the most formidable opponent, as far as that State is concerned. What from the natural reaction of popular sympathy, in favor of one who is supposed to have been hardly used, and what from his now acknowledged merits, as connected with the canal, he seems rising very strangely. In short, his friends speak with great confidence of his success in that State, and with almost equal confidence of his strength in Ohio. This gives a new aspect to things, and probably renders still more improbable any choice by the electors. Mr. Clinton's friends, and Mr. Calhoun's friends, at this moment, seem to think the only controversy in New York must be between those two. They admit that Mr. Adams has a o-reat body of well wishers and some active friends ; but they think neither class is increasing at present. And Mr. Crawford, they Mr. Clay. think, or aftcct to think, ont of the question. In tlie mean wliile it seems to be understood, as far as I could learn, that the friends of Mr. Clinton and Mr. Calhoun would go along amicably, for the present, at least, and until public opinion should more fully develop itself In all the Middle States, there is such a fashion, or pas- sion, for entertaining projects of internal improvement, that consid- erations of that sort are expected to have influence on the highest elections. Foreign relations being all quiet and pacific, and no high party feelings at present existing, the necessary excitement of public sentiment seems only likely to be found in schemes of in- ternal improvement. I believe you and I have the fortune, good or ill, to have committed ourselves in favor of the constitutional power of Congress to aid such objects. . . I hope to find a letter from you at Washington. Mr. Stockton's good family are all well, and desire their respects to your family. Julia is at New Bedford for the winter. Yours, most truly, D. Webster. DANIEL WEBSTER TO JEREMIAH MASON. AVASHiNGTON,iVi;zr;«/v/- 30, 1823. Sunday Evening. Dear Sir, — We arrived here on Wednesday evening safe and well, after a journey which on the whole was pleasant and agreeable. Our lodgings were ready, and are very comfortable. The attend- ance of members is uncommonly large, and we shall have a quorum, no doubt, to-morrow. Mr. Clay arrived last evening. He will doubtless be Speaker, although I understand Mr. Barbour's friends intend to run him. It will not go. Mr. Clay's popularity as SjDeaker is great, and he is, in many respects, a liberal and honorable man. His health is not good, but I fancy not so bad as to induce him to decline the chair. Though I think him tolerably liberal, and not unfriendly in his general feeling, yet I do not suppose that in the organization and arrangement of the affairs of the House he will 2/6 Memoir of yeremiah Mason. Chap. VII. vcntvire to disregard old lines of distinction. Mr. King has arrived, but I have not seen him. Both your Senators are here. I have not seen much here yet to add to the stock of knowledge on the subject of the Presidential election. It looks to me, however, at present, as if it might happen that Mr. Crawford would ere long be given up and his friends go off in a direction to Mr. Clay. It appears to me to be our true policy to oppose all caucuses, — so far, our course seems to me to be clear. Beyond that I do not think we are bound to j^roceed, at present. To defeat caucus nomina- tions (or prevent them), and to give the election, wherever it can be done, to the people, are the best means of restoring the body politic to its natural and wholesome state. .Mrs. Webster sends a great deal of love to you all. Yours, most truly, D. Webster. I hope you have not abandoned an idea wiiich you intimated to me at Dorchester. I think you will do exceedingly right to take that step, and am sure you will not regret it. It will excite no jeal- ousy or suspicion here, at all ; and you have reasons which will allay anv that might arise at home. JOSEPH STORY TO JERE.MI.MI M.\SC»N. Salem, December 2, 1823. Mv DE.VR Sir, — I am greatly obliged to you for forwarding to me the pamphlet laws of New Hampshire. I have never received those passed at June sessions of 1819 and 1S20, so that my series since the publication of the first volume is broken. I should be very glad to obtain the missing laws of 1819 and 1820, and if the Secretary of State could furnish me with them it would be quite a favor. . I had not heard from Mr. Webster, until I received your letter, since his departure. The new Presidential candidate quite surprises me. But he is a buoyant man, and though I think his chance very small, it may probably send the choice to the House of Representa- Lord St owe 11. tivcs. I still incline to think Mr. Adams' chance upon the electoral vote, better than that of any other candidate. lUit there are so many slips between the cup and the lip, that I do not even j^retend to prophesy. . Mr. Calhoun is acquiring friends who will steadily aid him ; but it appears to me that he has very great obstacles to over- come, whether the choice be with the people or with the House of Representatives. I dare say I shall hear much and see much on the grand arena at Washington this winter. I have lately received a letter from Judge Jackson, in which he speaks pleasantly of his reception in England. He says that the English are very reserved to persons who are not regularly intro- duced to them, but when certified of your character and domicil they are as hospitable and frank as any people. He thinks Ameri- can society is very much courted in England, particularly by the higher classes of society. He has received many civilities from accidental acquaintances, which gave him very favorable impres- sions. Fortunately, my letter to Lord Stowell was useful to him, for his lordship immediately- called on him and showed him great civility. This leads me to say that I have lately received a letter from Lord Stowell, with a beautifully bound copy of his ecclesiasti- cal decisions in the Consistory Court in London, in two volumes. He apologizes for not having written me before, and states that ill- health, old age, and the death of friends have so absorbed his time, that he has voluntarily done nothing beyond his official duties. He mentions that the common-law courts are in a sad state. Lord C. J. Dallas, Chief Baron Richards, and the Master of the Rolls (Sir T. Plumer), are in very ill health, and some of the puisne jud30 MeDioir of ycrcmiah Maso7t. I MAI'IKK VIII. cssL'ii the force of our long subsisting friendship, but it would un- j doubtcdlv lessen the pleasure I should otherwise derive from it. I am as ever, faithfully yours, J. Mason. DANII-.I, WKHSTER TO JIRI.MIAH MASON. Washington, JA/n// 2, 1830. Dear Sir, — I see in the " Boston State.sman " of February 26 or 27, a renewal of an old story, told a year or two ago, about a let- ter, said to be written by me to Mr. Athcrton, relative to the Hart- ford Convention. If I remember, when the story was told before, your name had something to do with it. I have no recollection of any letter to Mr. Atherton on the subject, written by you and me, or by me singly. If you could inquire of Mr. Athcrton, and learn whether any letter of any kind was written to him, by us, or cither of us, withotit comtnunicatiug to him that yon do it at viy request, I should be glad to know what he has to say about it. But I do not incline to inquire myself, nor that you should inquire in my name or behalf We have no news here since 1 wrote you last. Appoint- ments not acted on. We have seen an account of your Portsmouth Town Meeting, — the letters, etc. I believe Mr. Bell can find no originals here. Yours truly, I \ Webster. JEREMIAH MASON TO DANIEL WEBSTER. Portsmouth, Afay 13, 1S30. Dear Sir, — I send you inclosed a letter from Robert Means in answer to my request to him to inquire of Mr. Atherton respect- ing the newspaper story of your advising him to join tlie Hartford Convention. I suppose you have seen his voluntary disavowal in the Boston papers of your having made any such application. New Hampshire Election. Vast numbers of your speech have been published, and they seem to be producing a strong impression. Were it not for the depraved condition of political morality, I should entertain hopes that the present discussion in the Senate would produce great and perma- nent alterations in public opinion. It must doubtless have consid- erable effect. I hope Governor Bell will answer Woodbury's miser- able trash. Indeed, I do not see how he can in justice to himself avoid doing it. Our election is lost, as you have probably seen by the newspapers. The falsehoods and forgeries against Upham were contradicted as speedily as they could be, but there was not time for the contradic- tion to have its full effect, except in the immediate vicinity of this place. It is believed that if the election had come on a fortnight later Upham would have carried it. As it is, both Senate and House will have majorities of Jacksonians. It is not certain, however, that Woodbury or (in case of his being otherwise provided for) Hill will be elected to the Senate of the United States. It is quite possible that some other Jackson man may step in before them Yours as ever, J. M. 331 Chapter VIII. JOSEPH STORY TO JEREMIAH MASON. Cambridge, Mijy 6, 1831. Dear Sir, — I returned home on Wednesday, having had an un- usually short term at Portland. On my return I found my young- est daughter (Louisa), very ill of the throat distemper and scarlet fever. She has been very dangerously ill, and is not yet deemed by her physician out of danger, although he encourages us to hope she may recover. Her fate must be decided in a few days. Whether I shall be able to attend the circuit court at Portsmouth, is wholly uncertain. Under existing circumstances I cannot leave home, -^ 1 "> J- ClIAITER VIII. iMcmoir of JeremiaJi Alason. and indeed, 1 am myself obliged from her eritical state to be day and night in her room. If a decidedly favorable change should take place Ijefore Sunday evening, I shall go from Boston in the mail-stage of that evening for Portsmouth. If there is not such a change, it will be quite im- possible for me to give my attendance. I must beg the favor of you to communicate the facts to Judge Harvey, whom I have not the pleasure of knowing. He can do with the business of the court exactly as he may deem most convenient. I exceedingly regret this occurrence on many accounts ; and am now so exhausted by continual watchings that I can scarcely hold my pen. Believe me very truly and affectionately yours, Josiii'H Stoky. JOSLPIl STORY TO JERKMIAH M.VSON. Cambridge, May 9, 1831. My dear Sir, — The event which my thought foreboded, has occurred. My dear little daughter died this morning. We are in utter despair ; and I am incapable of leaving home, from mental exhaustion, evfen if it were otherwise possible. I have no doubt that the acts of 1789 and 1794, to which you have referred, cover the case. The words come completely up to the case. The mar- shal should therefore adjourn the court from day to day for the four days, and then to the next term. I can say no more. I am desolate beyond expression. You and Mrs. Mason have met with a like calamity, and can pity and sympathize with us. God bless and preserve you and yours. I am most affectionately your friend, Joseph Story. Death of yiidge Story s Daughter. JEREMIAH MASON TO JOSKril STORY. Portsmouth, A/ay 23, 1831. My dear Sir, — When I lately intruded on you with a letter of business, I had no apprehension of the melancholy event which had involved you in such heartrending distress. I am fully aware how idle would be the attempt to mitigate your and Mrs. Story's suffer- ings, from your late bereavement, by any consolation that I can im- part. I still feel a strong inclination to let you know that we most sincerely sympathize and condole with you. Parental affection is the most uniform as well as the strongest of any that our nature is capable of. I have never known any grief to equal that of parents from the loss of children. The death of an interesting child in the early bloom of life, blasts all flattering hopes, and implants a wound that seems remediless. Philosophy and religion, with the aid of time, may assuage the suffering. The chief consolation must come from hopes which religion furnishes. In truth without these hopes life, checkered and clouded as it is by the constant occur- rence of such distressing events, would not be worth possessing. And this, I think, constitutes one of the most solid foundations of those hopes. It seems inconsistent with the wisdom and benevo- lence of God, that beings so intelligent as our race, should have been created, for the sole end of what we do and suffer in this world. Mrs. Mason with her love to Mrs. Story, desires me to express her deep sympathy in your affliction. I am, my dear Sir, your sincere friend, J. Mason. JOSEPH STORY TO JEREMIAH MASON. Cambridge, May 25, 183 1. My dear Sir, — I thank you most sincerely for your kind and consoling letter. Mrs. Story and myself have been indeed exceed- Alevioir of yercviiah Mason. ClIM-lER VIII. ingly wretched. The calamity which has befallen us, was so sud- den and awful, that it sunk us into utter despair. Our dear little daughter was in our eyes, one of the most lovely and perfect of hu- man beings, and we really idolized her. Her death has made every- thing about us desolate. I am myself now quite calm, having mas- tered the struggles of my first feelings. At first I was unable to offer any resistance, and buried my thoughts in solitude and silence. The duties of my office have recalled me to the business of life, and this has for a part of every day relieved me from the burden of mv own ])ersonal griefs. Indeed, there can be but two sources of relief in cases of parental bereavement. The one is employment, which diverts our thoughts ; the other is religion, which soothes them into confidence and hope. I have a firm confidence in the goodness of God, and in his parental mercy and wisdom, though it is utterly mysterious to me. I ought not to doubt that it is all for the best, and I confess, that but for the hopes of a glorious immor- tality, and reunion with departed friends, I should sink into total despair. This furnishes the only means by which I am able to reconcile the melancholy events of this life with any notions of a just and beneficent Providence. Mrs. Story remains quite feeble and desponding. She is however calm and tranquil, but extremely gloomy. I have felt a good deal of anxiety on her account, but I trust that time will bring the usual alleviations, and by removing the images of the past, enable us both to partake of the common blessings of society. As for happiness, I confess that I have little expectation that we shall, or can ever feel it again as we have been accustomed to do. There will be a darkness in our minds that must forever shade every earthly prospect. Mrs. Story sends her love to Mrs. Mason, and 1 beg to be most kindly remembered to her and the family. Believe me most truly and affectionately your friend, Joseph Story. The Charles River Bridge Case. JOSia'H S'njRY TO JI'.RKMIAH MASON. Cambridge, Novi-mln-r 19, 1S31. Mv DKAR Sir, — I am very much obliged to you for the copy of the New Hampshire Resolutions, which you have sent me, and for the minutes of your argument in defense of them. The former I shall place at large in a note to my lectures on Constitutional Law ; the latter I shall incorporate as far as I may into my text. Docu- ments of this sort are becoming more and more valuable every day. I am just returned from Rhode Island, where I had very little busi- ness, of an important nature. Just at the moment of my departure from home, I received a letter from the Chief Justice, stating that his health was so much better that he expected to return home the next (now past) week. If I had not received this letter, as the weather was favorable and my health much restored, I believe that I should have ventured on to Philadelphia. I am now engaged on the Charles River Bridge Case. After it is finished, I should be glad to have you read it over, if I thought it might not give you too much trouble. It is so important a constitutional question, that I am anxious that some other mind should see, what the writer rarel)' can in his zeal, whether there is any weak point which can be fortified or ou2.ht to be abandoned. The general structure of the argument I hope is sound. But all the details may not be. I send you a copy of my Mount Auburn address, of which I beg your acceptance ; and also a printed copy of the lines which I promised Mrs. Mason. With my kind regards to all the family, I am very truly your affectionate friend, Joseph Story. JEREMIAH MASON TO JOSEPH STORY. Portsmouth, A'ovembcr 2a„ 1831. My DEAR Sir, — I have received your letter with your Mount Auburn address and the elegy, which we had before seen and read 33^ fllAITKR VIII. Memoir of yererniah Mason. with iiuicli inlt-iest. I am much pleased with the address. You have certainly executed a task of considerable difficulty with much success. I will most willingly examine your opinion on the case you mention, and give you the result of my reflections on it. I am exceedingly rejoiced that the Chief Justice is doing so well. I trust and hope in divine mercy that his life and strength may be con- tinued till the danger to the judiciary from the present dynasty shall have passed away. I cannot refrain from communicating to you in confidence a matter of great importance to myself, in which your kindness has led you to express an interest. I have come to a de- termination to remove to Boston, next spring. In preparation for it, when at Boston a few days ago, I purchased a house near that of my friend Mr. Lawrence. Whether this resolution will be for the better or worse, time only can resolve. For special reasons I wish nothing said of it at present. Mrs. Mason and my family desire their kindest regards to yourself and Mrs. Story. With great esteem I am, as ever, faithfully yours, J. I\L\S0N. JdSI-.ril STOKV TO JKREMI.MI M.\SON. Cambridge, December 23, 1831. Mv DEAR Sir, — Owing to my recent illness, from which I am now, as I trust, entirely recovered, the preparation of my opinion in the Charles River Bridge Case was suspended. I have just com- pleted it; and it is to be copied, and I hope to send it to you by the middle of the next week. If you should have examined it suffi- ciently to give your opinion, I should be glad to receive it before I go to Washington, which will be by Sunday the 2d of January. If not I will thank you to send it to me by mail at Washington. I wish to make some remarks to explain its great length, and the repetition of the same suggestions in different parts of the same opinion. I have written my opinion in the hope of meeting the doubts of some of the brethren, which are various and apply to different Report on Manufactures. aspects of the case. To accomplish my object, I felt compelled to deal with each argument separately, and answer it in every form, since the objections of one mind were different from those of an- other. One of the most formidable objections is the rule that royal grants, etc., are to be strictly construed. Another is against im])li- cations in legislative grants; another is against monopolies. An- other is that franchises of this sort are bounded by local limits ; another that the construction contended for will bar all jjublic imiDrovements. I have been compelled, therefore, to re-state the arguments in different connections. I have done so hoping in this way to gain allies. I should otherwise have compressed my oj^in- ion within half the limits. Believe me very truly and affectionately yours, Joseph Story. zn ClIAI'lKK VIII. JEREMIAH MASON TO DANIEL WEBSTER. Boston, ATay 27, 1832. My DEAR Sir, — Letters from Washington, stating the unanimity of the committee of the House of Representatives on manufactures, with the exception of Mr. Barbour, in reporting a bill in accord- ance with the views of the Secretary of the Treasury, have created great alarm. Those best informed on the subject, are united in opinion, that such a bill if passed, will prove fatal to the woolen manufacturers. They think that no rate of ad valorem duties can be safely substituted for the minimum duties. While the foreign woolen trade shall continue in the hands of foreiirners, and often the manufacturers, who can readily furnish such inventories and other evidence of the cost of the articles imported, as they please, no vigilance in the custom-house officers could detect and prevent frauds. Under the present administration, it cannot be expected that much pains will be taken to prevent known frauds. The best conducted woolen factories have been maintained with great diffi- culty. Taken altogether, they have probably since 1S24, been a loss 43 Memoir of ycrcmiah Mason. (11 MTRR VIII. to their owners, equal to the amcuint of the interest of the money employed in them. The one I till lately was interested in, proved much worse than this ; there was a loss besides interest, of a part of the capital. Increased skill now affords better prospects. But the present bill, if enacted, will I think, turn many of them into cotton factories, and cause others to be abandoned. 'Die woolen manufactory directly interests a larger portion of the people of the United States than any other. All the wool growers are directly interested. If this be sacrificed, what ground of hope can there be that other branches, less important, and not so directly affecting the interests of great numbers, will not successively expe- rience the same fate. It seems now to be better understood than formerly, that the ruin of one branch of industry or one kind of property, must unavoidably disturb and injure all the rest. 1 thought the New York convention took the only safe ground, which was to defend the whole system. This unites all its friends. It must be defended on this ground or not at all. Alterations and modifications not materially affecting the principle of protection, are of course to be admitted. Let the wool growers and woolen manufacturers be now sacrificed, and it is idle for the cotton manu- facturers to expect when attacked, to have their aid. The only security is in the union of all the friends of the protection system. For this end all the interests must be faithfully protected. The whole line must be protected or the battle will be lost. Besides, 1 do not see what is to be gained by yielding up this essential part of the .system. As I understand the case, the enemies of the protection of manufacturers deny that government has the right to attempt it. This is certainly the ground assumed by their leaders, and a dis.solution of the union is threatened as the penalty for the exercise of this right. The right is not. in the opinion of a vast majority of the nation, of a doubtful nature. To attain it was certainly among the chief inducements to form the government. A great majority deem the exercise of it essential to their welfare ; and, as far as it has been exercised, the results have been eminently The Tariff. 339 successful. Immense interests are involved. Under such circum- stances, to yield a part, in hopes of appeasing the violence of the opposers, seems to me to be an indication of weakness and folly. This yielding will not satisfy or appease your opponents, but en- courage them to reiterated assaults till the whole system shall be abandoned. It will, be early enough to yield a part and to modify when there shall be reasonable ground to expect that the doing so will produce satisfaction and lessen the violence of opposition. I do not believe that yielding at the present time would produce that effect. On the contrary, I think it would encourage opposition and increase its violence. Such is ordinarily the effect of yielding to unprovoked and unjustifiable threats. I would do nothing to in- crease the hopes of the Southern States that the exercise of the power in question would be abandoned. The due exercise of it is in my opinion not only essential to the welfare of the country, but to the very existence of the Union; without it the government would not be worth preserving, and such, I believe, would on trial, be found to be the opinion of all the Northern and Eastern States. The abandonment of the exercise of this power would immediately overwhelm New England with poverty and ruin. I do not pretend to calculate the effect of the passing of this bill on the approaching presidential election. In process of time, I have no doubt it would render its advocates unpopular and odious. But as the operation of it is probably suspended to a future day, the effects would not be felt by the people till after tb.e election will be over. If anything less than public suffering and calamity can awaken the people to a sense of their true interests, it would seem that the unprincipled conduct and mischievous attempts of the present administration would do it. General Jackson has sufiiciently explained what he means by a judicious tariff A number of gentlemen, and Mr. A. Lawrence among the rest. Chaptkr VIII. 340 Memoi}' of ycrcviiali Mason. Chaiter VIII. arc aw^.ui setting out for Washington to explain and enforce their views on the pending measure. I am as ever, faitlifully yours, J. Mason. D.\N1KL WEBSTER TO JEREMIAH MASON. Washington, yiinc 23, 1832. Mv DEAR Sir, — I duly received your letter, ten days ago. Mr. Biddle. when he wrote you, requested me to send you copies of the Reports, which I promised to do ; but in truth, I had none to send, nor did we any of us get more than one copy, until two days ago, when Mr. Bell, as he informs me, sent you one. I have to-day received your second letter, and it has caused me to finish a duty which I commenced yesterday, that is, to write you on the subject of your first. I have reflected a good deal, and spoken to several friends, Mr. Bell, Mr. Clay, Mr. A. Lawrence, and Qthers, as to the necessity which the " Globe " may be supposed to have imposed on you to answer its slanders. On the whole, the result of opinion is, that there is no immediate occasion for your appearance in print. The abuse of the " Globe," on this point, will hardly affect the inter- est or fate of the bank, in its present crisis, and if it should, its mis- chief would be accomplished before your statement could appear. I\Iy own impression is, that after the adjournment of Congress, let the question go which way it may, it icill he expedient for you, at your leisure, to make a suitable publication, and think it may prob- ably be expected. No doubt, the authority on which the " Globe " proceeds, is Mr. Woodbury, Mr. Hill, Mr. Hubbard, etc., etc., or some of them. In the House of Representatives the Tariff Bill will probably be passed or rejected to-day. I know not which. If it come here, we shall try first, to amend, and second, if wc can- not amend, to postpone the whole subject. Our majority at best w^ill be small and feeble. Party absorbs everything. New York (her politicians) arc obviously willing to sell the tariff, or anything TJie Bank Bill. 341 else, for the sake of making Mr. V. B. Vice President. We shall know in a few days what the end is to be. The House of Repre- sentatives will probably take up the Bank Bill, Monday or Tuesday. I think it will pass that house, but the prevailing impression is, that the President will return the bill with his objections. Yours truly, D. Webster, ClIAPTKR VIU. CPLAPTKR IX. CiiArrKR IX. Mr. Mason's Life and Correspondence, from his Removal to Boston in 1832 till his Death. — Profession.il and Social Life in I5oston. — Death of his Son James. — Retirement from Active Professional Labor. — Declining Years. — Death and Character. IN 1832 an important event took place in Mf. Masons life: he removed his residence from Portsmouth to Boston. This was a change he had long had under consideration, and he did not come to a decision without a careful weighing of the arguments for and against it. He was then si.\ty-four years old, and he was too wise a man not to know that, in general, it is not expedient to change either residence or occupation after the age of sixty. But there were reasons which made his case an exception to the gen- eral rule. Portsmouth had been for many years a stationary, and had begun to be a declining town. The source of its former growth and pros- perity had been dried up by the general pacification of Europe in 18 1 5. The productive energy and enterprise of New England, once so profitably occupied in foreign commerce, the carrying trade and shipbuilding, were now largely diverted to manufactures, and for these, Portsmouth, so rich in facilities for commerce and shipbuilding, had no especial advantages. The professional busi- ness which iMr. Mason drew from Portsmouth itself was rather ' . . . ^ diminished than enlarged. His labors were not lessening, and his i income was not increasintr. And he was now getting to be an old Removal to Boston. 343 man, and age is not locomotive. His frequent journeys on profes- sional business calls, and his long absences from home, were grow- ing more and more irksome to him. Were he in Boston, his practice would be in that city or its immediate neighborhood. His name and face were well known in the courts of Massachusetts, and his professional reputation was as high in Boston as in Portsmouth. He had every reason to believe that in the metropolis of New Eng- land the practice of his profession would be at once less laborious and more lucrative than in Portsmouth. And in a social point of view he had more to gain than to lose by the change. Though there were many families in Portsmouth to whom he and his were strongly attached, yet his earliest and most intimate friends, such aa Judge Story, Mr. Webster, Mr. Ticknor, Mr. Amos Lawrence, and Mr. Abbot Lawrence, were all in Boston, or its immediate vicinity ; and it was much to him to exchange the occasional and imperfect in- tercourse by letter for the full and free communion of speech. And there were yet stronger attractions than those of friendship draw- ing him to Boston, for his son, James, was established there in busi- ness, as a partner in the house of J. W. Paige & Co., and another son, Charles, was just about to enter Harvard College. It is probable — though no intimation of the kind appears in his correspondence — that Mr. Mason's annoying experiences as pres- ident of the Branch Bank of the United States in Portsmouth, as told in the preceding chapter, formed the weight which at last turned the doubtful scale. He was not a sensitive man ; his frame and spirit were alike too robust for that ; but he was not indif- ferent to the good-will of his neighbors, and his was one of those natures which feel more than they express. It pained and doubt- less surprised him, that among his townsmen and neighbors there was a certain amount of dormant unfriendliness which took shape and utterance in an unreasonable opposition to his official course as president of the branch bank. The source of this unkindly feeling may be found in certain touches of nature which make the whole world kin. ClIAl'TKR IX. 344 ClL\PTER IX. Memoir of yererniah Maso?i. Mr. Mason was a great man in a small town. In intellectual force there was no one equal to him, and no one second to him. But some men bear with impatience the sway of an understanding superior" to their own ; and thus, while he had the respect of all, while he had many warm friends, there were some who feared him and some who envied him. He had not the character or the man- ners which make men popular. He never angled for the good opinion of others. Conscious of his strength, and careless of conse- quences, he never suppressed what he thought, and never uttered what he did not think. He read men with a sharp and penetrating o-lance. No form of weakness could escape him ; and for such weakness as took the form of vanity or pretention he had an intol- erant contempt, which he took no pains to conceal. He always spoke his mind with great freedom. His powers of sarcasm were great ; he said pointed and pregnant things which were forgotten by himself, but never by those against whom they were directed. Men who are universally popular, of whom e\-erybody speaks well, usually have in their characters something of weakness, or some- thing of insincerity; and the kind of unfriendliness which Mr. Mason called forth was really a tribute to his intellectual force and .the manliness of his nature. The final parting was less hard to him than to Mrs. Mason, whose sweet and gentle character awakened nothing but good-will, and who was attached to the home where she had so long lived by in- numerable memories of kindness and sympathy, alike in joy and sorrow, on the part of her friends and neighbors. But when the change was made, and they were established, neither he nor his family found any occasion to regret the step that had been taken. Indeed, if there were any regret, it was that the re- moval had been so long postponed. Had he come to Boston when he left the Senate in 1817, it would have been a wise measure. He would have worked less hard, earned more money, and had a wider range and higher class of social enjoyment. As it was, he found all his expectations more than met. He was Professional Life in Boston. received by his professional brethren with cordial welcome and by none could his learning and power have been more thoroughly ap- preciated than by the able bar which Boston then had, comprising such men as Webster, Hubbard, Dexter, Choate, Rand, Fletcher, Charles G. Loring, and Charles P. Curtis, to say nothing of the living. And he could not fail to count it among the (jreat felicities of his new position that he was to argue cases before a court presided over by so great a lawyer and magistrate as Chief Justice Shaw. He found his time fully employed in the practice of his profession, both as chamber counsel, and as senior counsel in the conduct of causes; and in both capacities, the interests intrusted to him were of great magnitude, and the legal questions were of a kind worthy of his powers. His written opinions were especially sought in the con- struction of wills, and in the solution of difficult problems in the law of real property, and frequently too in nice points of commercial law, and in constitutional law. I have before me at this moment a quarto MS. volume, of three hundred and forty-six closely written pages, containing upwards of fifty opinions, many of them long and elaborate, and all marked by affluent learning, logical power, and a singularly clear and terse legal style. The earliest is of the date of September, 1832, and the latest of May, 1842. The volumes of Pickering's Reports, from the fourteenth to the twenty-third inclusive, contain twenty-six cases in which Mr. Mason appears as senior counsel, many of them of great magnitude and importance ; and during the same period he was of counsel in nine cases, of a similar class, in the Circuit Court of the United States. Of course, as every lawyer knows, a great deal of business must have been done by him which never resulted in questions of law to be heard by the whole court. He also often appeared before com- mittees of the Legislature when important legal questions were under consideration, or large property interests were involved, and was heard with great attention and respect. Mr. Mason found his social relations at Boston most agreeable. He took a large and handsome house on Tremont Street, to which 44 345 ClIAPTKR IX. 346 ClIAPlER IX. Mnnoir of ycrcuiidJi Mason. his own friends, old and new, and the friends of his children, were cordially welcome. Always given to hospitality, always fond of conversation, it was a great pleasure to him to renew his intercourse with his friends of long date, such as Mr. Webster and Judge Story, and hardly a less pleasure to form new acquaintances, and exchange thoughts with the fresh and active minds of a young generation. For he followed the wise advice of Dr. Johnson, and kept his friendships in repair. His heart warmed to every young man of professional or general promise with whom he was brought in con- tact ; and many who were once young and are now old will recall with grateful recollection his frank and manly kindness. It was in the spring of 1832 that I, being a law student, first saw Mr. Mason. We met at the house of our common friend, Mr. Tick- nor, a house for so many years known in Boston for its elegant hospitality, and the cultivated and agreeable society which gathered there. Every member of the bar and every law student in New England knew at least two things about him : that he was a very great lawyer and a very tall man. My knowledge of him went somewhat further, for I had often heard both Mr. Ticknor and Judge Story speak of him, the latter always in strong admiration of his legal attainments and logical power. I was, of course, prepared for his commanding stature, but his manner was not exactly what I had expected. It was more quiet and simple than such as young men usually associate with great intellectual power. His complexion was fresh and healthv, and his face more smooth and unwrinkled than in most men of his age. Had I seen him without knowing who he was, I should have taken him for a prosperous farmer. As I glanced from his face to that of Sir Walter Scott, in a fine por- trait by Leslie which hung over the fireplace, I thought I saw some resemblance between the two. His voice was lower and gentler than seemed in harmony with his stately presence. He used no gesture in speaking; there was nothing peremptory or emphatic in his tone, and his manner was the reverse of dictatorial or over- bearing. I noticed that his language was plain, almost homely, and Habit of asking Qitestions. 347 that his accent had a strong New England flavor. For both of these peculiarities I had been prepared. From that time I often saw Mr. Mason, and nothing could be more agreeable than the intercourse I had with him. The fact that I had passed a year and a half in my childhood in his native town of Lebanon seemed to make a bond of sympathy between us, and led him to talk freely of his own early life, and the men and man- ners of a former age. He was fond of the conversation and society of young men. One reason of this was that he was much given to the asking of questions. This is a form of conversational inter- course which can only be cautiously indulged in between equals in age and station, because it seems to imply a relation of superiority and inferiorit3\ The conversation between kings and their sub- jects is usually in the form of questions and answers. But, of course, no young man could object to giving to a man of Mr. Mason's age and eminence the largest and freest range of inquiry. Nor did Mr. Mason in the asking of questions take any attitude of superi- ority. He was — what those who knew him slightly did not sus- pect — a modest man, more ready to disclaim the right that be- longed to him than to assert any which did not. If he asked ques- tions, the reason was simply that he was all his life a keen ob- server and student of men. No book-worm ever read books with more interest than he read men, and of all persons I have ever known he was the most penetrating and the most accurate observer of hu- manity. No man ever interpreted more unerringly the outward signs by which the inward nature is revealed. Men stood before him as if made of glass. And every new human being that he met was an object of special interest to him, like a new book to a scholar, or a fresh specimen to a naturalist. And the asking of questions was his way of reading the living book. In conversation he was not only one of the most instructive of men, but one of the most agreeable. In talking with a young man he never assumed any vantage-ground of age or eminence. He had so much real power that he could afford to be frank and sim- ClIAI'lER I\. 148 Memoir of yeremiah Maso7i. Chapter IX. plc. He never talked down to a young man ; never infused any condescension into his manner; never wounded one's self-esteem by the trick of drawing out. He laid his own mind fairly alongside the mind of the jierson he was talking with. He had no occasion for those artificial defenses of a stately manner and a formal style of speech which weak men sometimes throw up to prevent a too near approach. In all my personal intercourse with him he was as frank and free as if we had been equals in age. He tokl me many inter- esting anecdotes of his professional life and his experiences at Washington, which I now regret that I did not record at the time. Alas, how many things there are which we neglect to do when young, and are sorry for it when old ! He discussed with great free- dom the statesmen and lawyers he had known, and never spared those whom he thought weak or selfish or unprincipled. Mr. Mason's discourse was not only the discourse of a wise man, Init it was seasoned with certain mental traits not always found in combination with wisdom. He had a keen sense of the ludicrous, and the quickest discernment of any weakness that was a legiti- mate subject of ridicule. Thus his conversation had point and flavor, a homely vigor and energy, and a certain originality both of thought and expression. His memory was stored with personal anecdotes and characteristic traits and incidents illustrating the peculiarities of the distinguished men he had known. He was a frank and courageous talker, never keeping anything back from over-cautiousness, or an apprehension that somebody might think that what he was saying was not exactly proper for a man of his age and position. I have never known an old man whose conver- sation had so much of youthful spirit as his. 1 recall one or two instances illustrating this trait. He told me once that when quite a young man he had a profes- sional conference with Mr. Theophilus Parsons, before the latter was made Chief Justice of Massachusetts. Among the elements in the case was a certain conveyance of parish land, by a clergyman, and its nature and effect were under discussion. Mr. Mason sug- Correspondence in declining Life. gested that it might be held to be a covenant to stand seized. Mr. Parsons turned to him quickly, and said : " Mason, I like that ; that is a good idea of yours ; in the relation between a clergyman and his parish there is some analogy to that between a man and his wife." Mr. Mason went on to tell me : " I didn't know, or had forgotten, that a consideration of blood or marriage was necessary to support a covenant to stand seized, but I said nothinor, and as soon as I eot home, I took down my books and began to study the subject, and found the blood spurting out between the very lines of the page." On one occasion he came into Mr. Sumner's office, which was next to mine, and found him engaged in writing an address to be delivered before a Peace Society. After a little good-natured ban- ter on the part of Mr. Mason, and an equally good-natured defense of his views by Mr. Sumner, the former, rising to take his leave, said : " 'Well Sumner, you may be right, but I should just as soon think of joining a society for the suppression of thunder and light- ning as a society for the suppression of war." Mr. Mason's correspondence, after his removal to Boston, declined in extent. This is the common experience of life. Not only do the friends of our youth and manhood depart before us, but the im- pulse to write letters grows weaker as we grow older. In the ver- nal season of life man obeys the general law which bids the bird sing and the tree burst into leaf. Youthful friendship seeks ex- pression, and young men and young women write to each other be- cause the full heart overflows, and its waters cover the page. It is their own satisfaction, rather than the satisfaction of their corre- spondents which moves them. But in declining life our affections flow in narrower and deeper channels. The frost of repression locks up the currents of the soul which once ran so freely. We think more but write less, and when we do write, our words are touched with the finger of time. Emotions are like blossoms ; they seem out of season in the autumn. The line of the poet, — "Be his the natural silence of old age," 349 Chapter IX. JD" Alenioir of yeremiah Mason. Chapter IX. involve.-^ :i iruth which all who have reached old age will recog- nize. Mr. Mason's habitual correspondents had never been numerous, and two of them, Mr. King and Mr. Gore, to bpth of whom he looked up with a peculiar feeling of attachment and respect, died in the same year, 1S27. Of his surviving friends, those whom he most valued, Judge Story, Mr. Webster, and Mr. Ticknor, were near at hand ; and thus, after 1832, most of his correspondence was upon public affairs with Mr. Webster, while the latter was in the discharge of his public duties in Washington. JEREMIAH MASON TO DANIEL WEBSTER. Boston, May 27, 1832. My DEAR Sir, — Letters from Washington, stating the unanim- ity of the Committee of the House of Representatives on manu- factures, with the exception of Mr. Barbour, in reporting a bill in accordance with the views of the Secretary of the Treasury, have created great alarm. Those best informed on the subject are united in opinion, that such a bill, if passed, will prove fatal to the woolen manufactures. They think that no rate of ad valorem duties can be safely substituted for the minimum duties. While the foreign woolen trade shall continue in the hands of foreigners, who are often the manufacturers, who can readily furnish such inventories and other evidences of the cost of the articles imported, as they please, no vigilance in the custom-house officers would detect and prevent frauds. Under the present administration, it cannot be expected that much pains will be taken to prevent known frauds. The best con- ducted woolen factories have been maintained with great difficulty. Taken altogether they have probably since 1824 been a loss to their owners, equal to the amount of the interest of the money em- ployed in them. The one I till lately was interested in, proved much worse than this. There was a loss besides interest, of a part of the capital. Increased skill now affords better prospects. But Woolen Mamtfachtres. the present bill, if enacted, will, I think, turn many of them into cotton factories, and cause others to be abandoned. The woolen manufactory directly interests a larger portion of the United States, than any other. All the wool-growers are directly interested. If this be sacrificed, what ground of hope can there be, that other brandies, less important and not so directly affecting the interest of great numbers, will not successively experience the same fate. It seems now to be better understood than formerly that the ruin of one branch of industry, or of one kind of property, must unavoidably disturb and injure all the rest. I thought the New York convention took the only safe ground, which was, to defend the whole system. This unites all its friends. It must be defended on this ground, or not at all. Alterations and modifications, not materially affecting the principles of protection, are of course to be admitted. Let the wool-growers and woolen manufacturers be now sacrificed, and it is idle for the cotton manufacturers to expect when attacked, to have their aid. The only security is in the union of all the friends of the protective system. For this end, all the interests must be faithfully protected. The whole line must be protected, or the battle will be lost. Besides, I do not see what is to be gained by yielding up this essential part of the system. As I understand the case, the enemies of the protection of manufactures, deny that government has the right to attempt it. This is certainly the ground assumed by their leaders, and a dissolution of the Union is threatened as the penalty for the exercise of this right. The right is not, in the opinion of a vast majority of the nation, of a doubtful nature. To attain it was certainly among the chief inducements to form the government. A great majority deem the exercise of it essential to their welfare, and as far as it has been exercised the results have been eminently suc- cessful. Immense interests are involved. Under such circum- stances to yield a part in hopes of appeasing the violence of the opposers, seems to me to be an indication of weakness and folly. This yielding will not satisfy or appease your opponents, but en- courage them to reiterated assaults, till the whole system shall be 351 CiiAi'iru IX. 352 Memoir of ycremiah Mason. CUAi IX. abanduacd. It will be early enough to yield a part, and to modify, when there shall be reasonable ground to expect that the doing so will produce satisfaction and lessen the violence of opposition. 1 do not believe that yielding at the present time would produce that effect. On the contrary, I think it would encourage opposition and increase its violence. Such is ordinarily the effect of yielding to unprovoked and unjustifiable threats. I would do nothing to in- crease the hopes of the Southern States that the exercise of the power in question would be abandoned. The due exercise of it is in my opinion not only essential to the welfare of the country, but to the very existence of the Union. Without it the government would not be worth preserving, and such, I believe, would on trial, be found to be the opinion of all the Northern and Eastern States. The abandonment of the exercise of this power would immediately overwhelm New England with poverty and ruin. I do not pretend to calculate the effect of the passing this bill, on the approaching Presidential election. In process of time, I have no doubt, it would render its advocates unpoj)ular and odious. But as the operation of it is probably suspended to a future day, the efiects would not be felt by the people till after the election will be over. If anything less than public suffering and calamity can awaken the people to a sense of their true interests, it would seem that the unprincipled conduct and mischievous attempts of the present administration would do it. General Jackson has sufficiently explained what he means by a judicious tariff. A number of gentlemen, and Mr. A. Lawrence among the rest, are about setting out for Washington to explain and enforce their views on the pending measure. I am, as ever faithfully, yours, J Mason. DAN'IKI, WEIiSTKR TO JFREMIAH MASON. Washington, June 23, 1832. Mv DEAR Sir, — I duly received your letter ten days ago. Mr. Biddle, when he wrote you, requested me to send you copies of the The Tariff Bill. " Reports," which I promised to do ; but, in trutli, I liad none to send; nor did \vc, any of us, get more than one copy, until two days ago, when IVIr. Bell, as he informs me, sent you one. I have, to-day, received your second letter, and it has caused me to finish a duty which I commenced yesterday, that is, to write you on the subject of your first. 1 have reflected a good deal and spoken to several friends, — Mr. Bell, Mr. Clay, Mr. A. Lawrence, and others, — as to the necessity which the ' Globe ' may be supposed to have imposed on you, to answer its slanders. On the whole, the result of opinion is, that there is no immediate occasion for your appearance in print. The abuse of the ' Globe,' on this point, will hardly affect the interest or fate of the bank, in its present crisis ; and if it should, its mis- chief would be accomplished before your statement could appear. My own impression is, that, after the adjournment of Congress, let the question go which way it may, it will be expedient for you, at your leisure, to make a suitable publication. I think it may prob- ably be expected. No doubt, the authority on which the ' Globe ' proceeds, is Mr. Woodbur)', Mr. Hill, Mr. Hubbard, etc., etc., or some of them. In the House of Representatives, the Tariff Bill will probably be engrossed, or rejected, to-day, I know not which. If it come here, we shall try, first, to amend, and, second, if we cannot amend, to postpone the whole subject. Our majority, at least, will be small and feeble. Party absorbs everything. New York (her politicians) are obviously willing to sell the tariff, or anything else, for the sake of making Mr. V. B. Vice President. We shall know in a few days what the end is to be. The House of Representatives will probably take up the Bank Bill Monday or Tuesday. I think it will pass that house ; but the prevailing impression is, that the President will return the bill, with his objections. Yours, truly, Daniel Webster. 4S 353 Chaiter IX. 354 Mcvioir of ycrcmiah Mason. CHArTER IX. JKKKMIAII MASON T(J DANIKL WKHSTKR. Boston, yanuary 8, 1835. Dear Sir, — The Legislature was organized yesterday. A nomi- nation will be made within a few days, unless some unforeseen obstacle comes in the way. I have seen Governor Davis, whose feelings and opinions arc, as always, entirely right. Mr. Hale, and perhaps, some others, who are rightly inclined, but habitually slow in action, seem desirous of having a more formal communication with the Massachusetts Representatives, at Washington, on the subject. Letters have been sent to Washington, but, I think, answers will not be waited for. One difficulty suggested against the movement is, that a nomination would cause your resignation of your seat in the Senate, at the end of the present session. This is stated vaguely, on the authority of a supposed intimation made by you. This, some of your friends have denied. I do not think that a nomination would create any necessity for a resignation. Indeed, I think a resignation of your place in the Senate, for this cause, would be considered as false delicacy. In this I know many of your best and soundest friends concur. It would cause universal regret. At all events, it seems to me there is no necessity for making such a determination at this time. If the election is to be finally determined in the I louse of Representatives, the presence of a candidate at Washington, without exerting any improper influence, will be advantageous. As to personal considerations for your resignation, I hope arrangements can be made to counteract their influence. Some individuals here, who have a right to speak with authority, say such arrangements can and shall be made. Truly yours, J. Mason. Presidential Prospects. 355 DANIEL WEISSTF.R TO JERKMIAII MASON. \\.\^u\-ni.:t()Vj Fr/in/aiy i, 1835. My dear Sir, — I received your letter yesterday, and the mail of to-day brings intelligence verifying your prediction that Mr. Davis would be elected Senator. So far as regards the filling up the vacant seat in the Senate, nothing could be better. I hope all the evil will not happen, which is expected or feared, arising from the difficulty of finding him a successor in the administration of the executive government of the State. I do no#hink Mr. Adams will ever again consent to be candidate ; certainly not against Mr. Everett; and Mr. Everett and Mr. Bates are not men to suffer the harmony of the State to be disturbed by a controversy amono- their personal friends. I am still most anxious that all fair means should be used to settle this masonic and anti-masonic quarrel in Massachusetts. You have little idea how much it retards opera- tions elsewhere. The reported debate in the Whig Caucus, on the subject of the Bristol Senators, is industriously sent to every anti-masonic quarter of the Union, and has excited much unkind feeling, and thereby done mischief We are endeavoring here to make the best of Borden. Our anti-masonic friends in Coneress will write to him, advising him not to commit himself to any course of public conduct, till he shall come here and see the whole ground. The nomination appears to have been done as well as it could be. I mean, of course, in the manner of it. No fault is found with it by our friends, so far as I know. Measures are in train to produce a correspondent feeling and action, in New York, Vermont, and some other States. The Legislature of Maryland is now in session, and I have seen a letter to-day, which says, that if Mr. Clay were fairly out of the way, that Legislature would immediately second the Massachusetts nomination. Mr. Clay does nothing, and will do nothing, at present. He thinks — or perhaps it is his friends who think — that something may yet occur, perhaps a war, which may, in some way, cause a general rally round him. Besides, sundry of the CltAriKR I.X. 356 MtDioir of yercmiah Maso7i. ClI.MTER IX. members of Congress from Kentucky, in addition to their own merits, rely not a little on Mr. Clay's popularity, to insure their reelection next August. They have been, therefore, altogether opposed to bringing forward any other man at present. Public opinion will, in the end, bring out these things straight. If Mas- sachusetts stands steady, and our friends act with prudence, the union of the whole Whig and anti-masonic strength is certain. Everything indicates that result. Judge McLean already talks of retiring. His nomination seems coldly received everywhere. Un- less Indiana should Wme out for him, I see no probability of any other movement in his favor. Mr. White's nomination is likely to be persisted in. Neither you nor I have ever believed it would be easy to get Southern votes for a7iy Northern man ; and I think the prospect now is, that Mr. Van Buren will lose the whole South. This schism is calculated to give much additional strength to our party. If Mr. W. appear likely to take the South, it will be seen that Mr. \'an Buren cannot be chosen by the people ; and as it will be understood that Mr. White's supporters are quite as likely to come to us, in the end, as to go to Van Buren, his course will lose the powerful support which it derives, or has derived, from an assured hope of success. The effect of those apprehensions is already visible. The recent attempt to shoot the President is much to be lamented. Thousands will believe there was plot in it ; and many more thousands will see in it new proof, that he is especially favored and protected by Heaven. 1 le keeps close as to the ques- tion between White and Van Buren. I have omitted to do what I intended, that is, to say a few words upon that part of your letter which relates to myself, more directly. In a day or two I will make another attempt to accomplish that purpose. Mr. Taney's case is not yet decided. A movement is contemplated to annex Delaware and Maryland to Judge Baldwin's circuit, and make a circuit in the West for the judge now to be appointed. If we could get rid of Mr. Taney, on this ground, well and good; if not, it will be a close vote. We shall have a warm debate on the Post Office Report, the Political Speculations. Alabama resolutions, and other matters ; but I think my course is to take no prominent part in any of them. I may say something against exjjunging the Journal. Yours truly, D. Webstkr. DANIEL WEBSTER TO JEREMIAH MASON. Washington, ATarih 19, 1835. My DEAR Sir, — I return Mr. 's letter. Mr. A. did quite as well in his letter to the ' Statesman " as caild be expected. We have not yet acted on the New Hampshire nominations. I know not whether to desire to reject them or not. Decatur and Cush- man are in great danger, but would they be succeeded by anybody better.? And if Hill should be rejected, should we not have him in the Senate.'' Appearances in various parts of the country indicate dissatisfaction with the present state of things. The stock of patronage is exhausted, and many are left unprovided for ; and they are looking out for other parties and other leaders. It is admitted, I believe, by most, that Mr. Clay is gaining rapidly in the West. Kentucky is doubtless strong for him, and as against any- body but General Jackson, he would take nearly all the Western votes. In the mean time, the anti-masonic party, steadily increasing in New York, is breaking out like an Irish rebellion in Penn- sylvania It goes on with a furore that subdues all other feeling. These things put party calculations at defiance. The party here are obviously very much alarmed. The administration Senators are understood to have held a caucus two nights ago, and endeavored to unite and rally. Something more of tone and decision has been since visible. It may secure, perhaps, the confirmation of all the appointments. As to measures, they are irreconcilable. They cannot stir against the tariff. As a means of union, and a neces- sary means, they seem now inclined to keep the present President in ofiice through a second term. He now intends to hold on, beyond all doubt. Here, again, accidents to his life or health would 357 ClIAI'TFR IX. 358 Mevioit' of ycreiniah Mason. Chapter IX. proilucc quite a new state of things ; so that, on the whole, I do not think there has been a period in our time, when one could see less of the future than the present. I thank you for your civil sayings about my speech. It has made much more talk than it deserves, owing to the topic, and to the times. I hope it is doing some good at the South, where I have reason to think it is very generally circulated and read. Yours, very sincerely, 1). Webster. Having cut my thumb, I write even worse than usual. In June, 1835, another great sorrow fell upon Mr. and Mrs. Ma- son, in the death of their second surviving son, James Jeremiah Mason, in the thirtieth year of his age. It was a bitter grief to them, and called forth the strongest expressions of sympathy from their many friends. Their son was fondly loved by them ; and he deserved all their love. .And it was hard for him to be called away from life so soon, for he had much to make life sweet. His person was handsome, his manners were engaging, his disposition was amiable, his business prospects were brilliant, and he had recently been most hap])ily married. He was the first of their children to marry; and every parent can understand the pleasure with which they looked forward to seeing a son settled near them, in a home of his own. But all these fond hopes and anticipations were suddenly shattered. In course of a journey to the South, in the spring of 1835, the seeds of a disease were sown in his frame, which, upon his return, took the form of a fever, which ended in his death, after a brief illness. JEKEMIAII MASON TO GEORGE TICKXOK." BOSTO.V, April 3, 1836. Mv DEAR Sir, — I feel much obliged to you for your letter of the 2 1st December, notwithstanding the apparently inexcusable delay ' Mr. TickuDr, at the il^ite of this letltr, w-is residing with his t'.iinily in Dresden. Political Prospects in England. in answering it. I have in truth been much occupied with profes- sional engagements during the winter term of our court, wliich are not yet ended. A more efficient cause, is, I am habitually a very dilatory correspondent. If you will grant me further favor, I will endeavor to observe better manners for the future. I am glad to know that your opinion of the present state and future prospects of England is so favorable. You certainly had a fine opportunity of seeing and judging. I have been delighted with Mrs. Ticknor's journal. It seems impossible to have spent four months to better advantage. The power and influence of that nation are so vast, that her course must of necessity materially affect not only our own country, but all other countries of the civilized world. I was not aware that the wealth of the commercial and manufacturing- classes had increased with the rapidity you state. This must cer- tainly affect the balance of power in the government. The relative power of the nobility and ancient landed gentry has certainly lessened, and must continue to lessen still more. Their power rested essentially in their property. The stability of the govern- ment consisted chiefly in the close connection between property and political power. This has always been found to be the only safe foundation for stability in free governments, where the people are opulent. Wherever great wealth abounds, it will be the prime object of desire. It cannot be rendered secure to its possessors, without giving them the power necessary to defend it from all assaults. As the wealth of the commercial and manufacturing classes increases, in the same degree ought their political power to increase. If this newly acquired power can be kept under the influence of property, the government may change in some of its features, according as the taste of the new possessors of power differs from the old. But I see cause to apprehend revolution in want of stability. So long as the House of Commons shall truly represent the property of the nation, the institutions necessary for the security of property will be preserved in vigor. A House of Commons, elected by any in- fluence other than that of property, will be likely to make war on it, 359 C'lIAl'TKR IX. 6o Memoir of yereviiah Mason. Chapter IX. or at least become careless about its protection and security. Against such a House of Commons, the Peers can make no effi- cient stand. In this connection I consider the late cliange in the qualifications of electors of members of Parliament, and the new modeling of the municipal corporations, greatly the most impor- tant of all the attempted innovations on the British Constitution. If the elective franchise be extended so far as to get beyond or free from the control of jM-operty, I should anticipate further changes leading to trouble and confusion. While property governs, it matters little whether it be in the hands of the landed gentry, or of the capitalists, or in the hands of whigs or tories. I know this aristocracy of wealth is apt to be evil spoken of. But in a country where wealth greatly abounds, I doubt whether any other foundation for a stable free government can be found. It may be in some degree checked and modified by other influences. But after all the real power must mainly rest in j^roperty. In our country, it is quite apparent that most of our troubles arise from the ritrht of universal suffrage. This is our radical error. Should we ever arrive at such a degree of wealth as Great Britain now has, it will be entirely impracticable for us to get on, without great changes in our government. According to your account of the riches of that country, we need not fear encountering this danger soon. Our wealth, however is, in my opinion, increas- ing as rapidly as is desirable. The information given you by the British minister at Dresden, that the apprehension of a rupture with Russia made the French Government anxious to settle their misunderstanding with us, was an extraordinary circumstance. That is unquestionably the true key to the unexpected offer of the British mediation, and also to the timely discovery by the French Government, of the satisfactory explanation in the President's last speech, of the insult in his former speech. It is not a little remarkable that this information should first come (as I believe it did) by way of the North of Germany. They might have had at Washington conjectures, but I doubt whether they had anything in the nature of facts to rest their con- Presidential Prospects. 361 jectures on. It was generally believed here that the President was inclined for war. Many expected it. A war spirit was rising, and there is no doubt the country would have sustained the President on the ground he took. If the I<"rench had not yielded the point, as here they arc understood to have done, war must have been the consequence. History affords few instances of war for causes more trivial or foolish. There is a strong expectation, as you doubtless know, that the Presidential election will result in the elevation of Mr. Van Buren. Judging from present appearances he will be elected by the people. Mr. Webster has retired from the contest. Perhaps he may be voted for by Massachusetts, for the reason that this State cannot be brought to vote for either of the other can- didates. The Whicrs of New Eng-land will make no effort to sus- tain Harrison or White. Mr. Van Buren will profess to follow in the tracks of the old hero, but he will not inherit his immense per- sonal popularity. None of the Southern States will be cordial in his support. Some of them will oppose him, notwithstanding his efforts to conciliate them. But I think there can be no such union between the opposition of the South and the North as will render it powerful or efficient. The opposition in the Senate has lost its ascendency, and Congress is now in full blast. Two new States, Michigan and Arkansas, will be admitted into the Union, during the present session. Both of them will be Van Buren States. The most exciting political subject of the present time is the abolition of slavery. There are now at least five hundred abolition societies in the United States, and they are rapidly increasing, both in num- bers and zeal. Few political men of any standing have yet joined them. As soon as they show themselves powerful at the polls, they will not want for political leaders. Dr. Channing's pamphlet, which you have doubtless seen, has gone through several large edi- tions. It has exposed him to much censure, not only from slave- holders, but from many not infected with that taint. Very many of his friends think it unfortunate that he meddled with a subject so entirely unmanageable for any practical purjwse. The people 46 CHAI'TKK IX. ;62 Memoir of ycremiah Mason. ChaiterIX. I of the Soutli arc greatly excited and alarmed. Calhoun and your friend Preston take a prominent lead. '1 hey are suspected of an intention of making use of this subject as a means of dissolving the Union, and establishing a Southern Republic. In my opinion no question has arisen since the establishment of our government so dangerous to its permanence, as this. Whenever the abolition- ists gain such an ascendency as to induce any interference, on the subject of slavery in the Southern States, those States will with- draw from the Union. They seem united in opinion, that a regard for their safety would require them so to do, and to erect a govern- ment especially calculated to protect them against slave insur- rection. Our good city moves on its accustomed course. Money is the main object, and that is obtained fast enough to satisfy most of its votaries Those of my own family are as far recovered from the effects of our overwhelming domestic calam- ity, as could be expected. Indeed, Mrs. Mason has shown more resignation, patience, and fortitude than I expected from her. They all unite with me in affectionate regards to yourself, Mrs. Tick- nor, and Anna, to wliom I request to be remembered in a spe- cial manner. I am flattered with the assurance that amid all the novelties she is constantly seeing, she permits me to retain a place in her recollection. We miss you more than I can express. As Mrs. Ticknor's health, the professed object of your going abroad, seems now pretty well established, I am selfish enough to wish that a Rus- sian war, or something else, should drive you home, before the expi- ration of the threatened period of your absence. I am, my dear Sir, as ever, with entire esteem, faithfully yours, J. Mason. D.VNIF.I. WEIJSTER TO JEREMIAH M.\SOX. New York, yune 30, 1836. Mv DEAR Sir, — .... Affairs were in a pretty state of excitement when we left Washington. Be assured, Maryland, Ohio, and Ken- Retirement from Active Practice. Z^l tucky, arc irretrievably lost to the administration. Indiana, also, and probably Illinois and Missouri. Recent events will hasten on the contest, and it will be impossible to restrain the people from bringing out Mr. Clay as a candidate against Cieneral Jackson. We hadagreat run of luck, especially in the House of Representatives, the last week of the session. I hope to see you soon. As to my scat, I shall not act suddenly on that subject. Sometime ago, you ex- pressed a wish that Mr. Madison might come out against this nulli- fying doctrine. That object is secured. In due time the public will have the benefit of his opinions, in the most gratifying manner. I left Washington on Monday, the moment of the adjournment, and came hither, without much delay. At Philadelphia I saw Mr. Biddle and some other gentlemen, and we had a hearty laugh at the fortunes which have befallen your puissant accusers, Hill, Decatur, and Cushman I am, dear Sir, yours as ever, D. Webster. JOSEPH STORY TO JEREMIAH MASON. Camrridge, December 29, 1837. My dear Sir, — I enclose you a copy of the title-page and dedi- cation and preface of my new work.' I hope that you will not think that I have taken too great a liberty with your name, in what I have said, as it is a very moderate expression of my own opinions. The work will probably be published about the first of Februarj', being now nearly all printed, with the exception of the Indexes and a few sheets of the text. I shall have the pleasure of asking you to accept a copy, when it is published. I am with the highest respect, truly yours, Joseph Story. In 1838, on completing his seventieth year, Mr. Mason, in accord- dance with a resolution formed long before, retired from active prac- ^ The Continciitaries oft Equily PUadiiigs. ClIAITKR IX. ,64 Mcvioir of yereviiah Mason. Chai-ier IX. tice in the courts, and during the rest of his life confined himself to the duties of chamber counsel. Herein he found all the profes- sional employment he wanted ; and his family, his friends, and his books, filled up all the time not needed for the claims of his clients. He never knew the burden of unoccupied hours, or the dreariness of living- without an object. In July, 1842, he accepted, in the follow- ing letter, an invitation from Mr. Ticknor to come to Woods' Hole, where he and his family were passing the summer. JKUKMl.MI MASON TO GEORGE TICKNUK. UosTON, July 23, 1842. Mv DEAR Sir, — I am much obliged by your kind invitation to repeat my visit to you in your seclusion this summer. Recollecting the high enjoyment I had there the last season, I find it impossible to refuse your present invitation. I received your letter on my re- turn with Mrs. Mason from Connecticut, where we had been to see my relatives. I contemplate soon making a short tour somewhere with my daughters, after which, sometime during the month of August, I intend to avail myself of your invitation, bringing with me some of my family, of which I will give you seasonable notice. Mrs. Mason and my daughters desire their best regards to Mrs. Ticknor and Anna, with thanks to Mrs. T. for her note. You ought to Ijc thankful that you iiave nothing but newspapers to pester you on the deplorable condition of our public affairs. The tone of conversation here has become distressingly desponding and sad. Public and private credits are daily sinking lower and lower. All important business plans suspended, and the merchants and capitalists, having nothing to do, interchange moans with each other. From Washington all hopes of relief are nearly abandoned. The prevailing opinion is that Congress will adjourn without doing anything effectual with the tariff. Tiie general contempt for the President is increased, and the desertion of the Southern Whigs e.xcites in many breasts very angry feelings. Amidst this general Visit /o Air. Ticknor. gloom, a letter from A. Lawrence, just received, sheds a ray of hope on the pending negotiation with Great Britain. He says, that Great Britain and 'the United States have agreed on a line for the East- ern boundary, and that iVIassachusetts has assented to it. Hence it is inferred that the treaty will be made and the line established with or without the assent of Maine. I am with sincere regard, truly yours, J. Mason. A letter from Mr. Ticknor to Mr. Legare, written after Mr. Ma- son's visit, gives a pleasant glimpse of the latter in his hours of so- cial case. Woods Hole, August 21, 1842. My dear Legare, — . . . . Mr. IVLason came last week and passed a few days with us. He was very amusing, — talking more than common and less politics, and in a less lugubrious tone. He feels that at seventy-five he need not trouble himself much about what you do at Washington, and though the state of the country deprives him of four or five thousand dollars a year from his hard earned in- come, he neither frets nor whines about it. Thino;s will last out his time; and for posterity, they must do as he has done, — fight it out. So he played whist, and made merry ; took a nap in the forenoon, and a cigar in the afternoon, in short, was in the best possible condition. But he gives you all up at Washington, and thinks it is time there was a Convention of the Free States, to look out for themselves. The veto came while he was here, and good fun he made of it. DANIEL WEIiSTER TO JEREMIAH MASON. Washington, ^w^/zji" 21, 1S42. My DEAR Sir, — I cannot forego the pleasure of saying to an old and constant friend, who, I know, takes a personal as well as public interest in the matter, that the treaty^ was ratified last evening, by a ' The Ashburton Treaty. l^^S ClIAI'TER IX. r ;66 Memoir of yeremiah Mason. CHAnEKix. vote of thirty-nine to nine ! I did not look for a majority quite so large. I am truly thankful that the tiling is done. Yours ever faithfully, 1 ). Webster. jeremiah mason to daniel welister. Boston, August 2%, 1842. My DEAR Sir, — You are entirely right in the belief that I feel deeply interested in the matter of your treaty, as well for public as personal reasons. In my opinion it is of more importance to the welfare of the country than anything that has taken place since the Treaty of Ghent. -Such I believe to be the public opinion. Your merits in this negotiation are universally admitted to as great an extent as can be desired. What affects you so essentially, cannot fail to e.xcite a strong personal interest willi me. For be assured, my dear Sir, that there has never been a moment during our long con- tinued friendship when I feel more deeply interested in your welfare than I do at the present time. While I most cordially congratulate you on your present success and the increase of your reputation as a statesman therefrom, I cannot forbear suggesting my fear and anx- iety for the future. When the late cabinet so hastily resigned their places, under the supposed influence of Mr. C, I certainly thought you acted rightly in not going out at his dictation. The eminent services you have since performed will satisfy all whose opinions arc of any value, that you judged rightly in remaining in office to enable you to do what you have done. This important affair is now brought to a happy conclusion, and your best friends here think that there is an insuperable difficulty in your continuing any longer in President Tyler's Cabinet. Having no knowledge of your standing or personal relations with him, or of your views, I do not feel author- thorized to volunteer any opinion or advice. I presume you are aware of the estimation in which the President is held in this re- gion. Py the Whigs he is almost universally detested. This de- Mr. Webster s Rehtrn to tJie Senate. Z^7 testation is as deep and thorough as their contempt for his weakness and folly will permit it to be. I use strong language, but not stronger than the truth justifies; your friends doubt whether you can either safely to your own character and honor act under or with such a man. It is generally understood that Mr. Choate will resign at the end of this session. In that event your old seat in the Senate will be open to you ; on some accounts that would not seem altogether desirable. I have heard it suggested that you might have IMr. Everett's place in England and let him go over to France. I repeat that for the reasons already intimated I give no opinion or advice as to what is best and most expedient. I hope and trust you will judge and determine rightly. Lord Ashburton has been received here in a manner, I presume, quite satisfactory to himself. He lauded you publicly and also in private conversation in terms as strong as your best friends could desire. I am, my dear Sir, as ever, faithfully yours, J. Mason. DANIEL WEBSTER TO JEREMIAH MASON. Washington, / The death of Rol>crl Lnwrenrc. the youngest son of Mr. and Mrs. Amos Lawrence, is here alluded to. The Avery Trial. recognition of friends in Heaven. He thinks the doctrine is no- where clearly revealed in Scripture, but it is one no human mind is willing to give up. He hopes to recognize his mother there, of whom he has the most delightful recollection. 1847, January. — - Father sa3-s that during the Avery trial, a young clergyman came to him and told him that the Lord had revealed to him in a dream that Avery was innocent and had commanded him to tell him. Father asked if it had been revealed to him how it could be proved. The man acknowledged that it had not. Then father told him he had no confidence in his dream. x'&^'j, March. — Father was reading this afternoon Peabody's " Sermons on Consolation." He said he liked them, but should have liked them better if they were more orthodox. He wanted to keep all the orthodoxy he had. He would give almost anything he had for the strong faith of his grandfather. Fitch, who was a pious, good, old man, and used to take a great interest in him, when he was a young man, thinking, as he was going to college, that he would certainly be a minister. 1847, March. — Father seems depressed at times, and to feel the burden of old age pressing very heavily upon him. He often says that his chief business now is to prepare for a better world, and that he is constantly trying to do so. He seems to feel intima- tions which he cannot describe, that his days are not to be long on earth, and the tenderness of his affection for his family, and loving to have us close to him, is very touching. How thankful I feel that Charles is to be living so near him. He loves to talk of the resurrection, and was much interested this evening in hear- ing Dr. Stone's sermon upon the Church in Heaven. The Avery trial mentioned in Miss Mason's diary was that of the Rev. Ephraim K. Avery, a Methodist clergyman, charged with 47 3^59 Chapter IX. 370 Mevioir of ycrcvu'a/i A fa son. chaitxrix. ilic murder of Sarah M. Cornell, before the Supreme Court of Rhode Island, in Newport, in May, 1833. It awakened an intense interest throughout New England, and especially in the State of Rhode Island. The fact that a Methodist clergyman, of hitherto irreproachable life, was chauged with the crime of murder, and in- cidentally of adultery, was alone enough to create a strong sensa- tion, and there were, besides, many elements in the case calculated to stimulate and gratify a prurient taste. Persons took sides for and against the prisoner, and made up their minds beforehand as to his guilt or innocence, and on this account it was difficult to find twelve unbiased men to sit upon a jury. The trial lasted twenty- seven days, begining on the sixth day of May, and closing on the second day of June, and an immense number of witnesses were examined. It was one of those sensational cases for which Mr. Mason had little taste, and in which he was not often engaged, and he accepted the retainer as a mere matter of professional duty. The great religious denomination to which the prisoner belonged were naturally desirous to secure in his defense the best profes- sional ability the country afforded, and the result showed the wis- dom they displayed in selecting a great lawyer and a man of con- summate judgment like Mr. Mason rather than a showy declaimer. The facts in the case were well calculated for Mr. Mason's peculiar powers. The issue of guilty or not guilty involved two inquiries : first, whether the unhappy young woman whose death was the cause of the trial committed suicide or Avas murdered ; and secondly, whether in the latter event, the prisoner was the guilty party. Of these two inquiries the former was the more important, for if the jury were satisfied of the murder, this, owing to the facts in the case, would have been one step, at least, towards the conviction of the prisoner, whose counsel had no other theory to account for the death than that it was an act of self-destruction. Mr. Mason's cue therefore was to persuade the jury that Miss Cornell had not been murdered, but had committed suicide. To this point his whole force was directed both in his argument and in the examination and The Avery Trial. cross-examination of witnesses. His case was to be made out by inferences drawn from a great number of facts, and for this task his infinite patience, his tenacious memory, his logical power, and his unerring tact were admirably suited. The whole trial may be advan- tageously studied by the young lawyer as an illustration of what has before been said, that sound judgment is the most important element in the conduct of cases, whether civil or criminal. His argument is a simple unimpassioned statement addressed to the un- derstandings of the jury, presenting the facts on behalf of the prisoner in that plain way which veiled the consummate skill with which they were marshalled. After such an argument, it may be safely said that a conviction could not have been possible, though a divided jury might have been. The prisoner was acquitted, and though there was some local and temporary dissatisfaction, the general public were satisfied with the result. ' I will not vouch for the truth of the following anecdote ; but if not true it is probable. It is said that some time after the trial a friend of Mr. Mason's, not a lawyer, ventured to ask him whether he himself thought that Avery was innocent ; to which Mr. Mason replied with a smile, " Upon my word, I never thought of it in that light before." Another story told of him as happening in Newport during the course of this trial, I believe to be true. A distinguished member of the Rhode Island bar, who had never before met Mr. Mason, had heard of his habit of asking questions, especially of new acquain- tances, and when presented to him he determined to forestall him in this particular, and accordingly began the conversation by a series of questions. Among other things, he asked him whether he liked this and whether he liked that, of all which queries Mr. Mason answered some and parried others. At last his interrogator said : " Well, Mr. Mason, tell me what you do like .' " To which Mr. Mason replied : " Why, I like to sit in this chair, and have a Rhode Island lawyer ask me questions." It is needless to add that the examination by interrogatories was not further continued. ClIAriKR IX. 72 Memoir of yeremiah Mason. Chapter IX. A letter .ulJix.-:>c<.l to Mr. Mason in the last year of his life by Mr. C. G. Loring, one of the leaders of the Suffolk bar, shows the hio'h respect in which the former was held by his professional brethren. CHARLES G. LORING TO JEREMIAH MASON. To Hon. J. Mason : — Dear Sir, — The Law Club will commence its winter meetings at my house on Monday, and I hope we may anticipate the gratifi- cation of your attendance. 1 am induced to write to you upon the subject, by an intimation at Judge Putnam's, that it was doubtful whether you intended to continue to us the pleasure of your atten- dance; and from his saying to me, that he should retire if you did. I utter the feelings of all the members of the club with whom I habitually associate, and I doubt not of all the rest, that we should esteem the loss of yourself and Judge Putnam as one of the greatest privations w^e could incur — not to say the greatest. And I trust therefore, that for our sakes, you may be induced to remain with us. Permit me too, to add, with the freedom which your great and un- varying kindness to me seems to authorize, that I cannot but think that the occasional intercourse of yourselves with those who enter- tain towards you sentiments of such profound respect and hearty affection, and who are almost inevitably secluded from you by their engrossing and arduous labors, at all other times, may do something to help the winters pass more agreeably, in retaining you still in the atmosphere of social labor, where you have done so much for your and their mutual good and honor. With very great affection and respect, Charles G. Loring. 8 AsHBURTON Place, Novatiber 13, 1847. Death of Mr. J/Vebsfers Children. Z72> DANIEL WEBSTER TO JEREMIAH MASON.' Boston, May 8, 1848. My dear Friend, — I thank you for your kind letter, received some days ago, and for all the proofs of sympathy and affection manifested for us in our afflictions. These two calamities were un- expected. I find it difficult to hold up against them. Of five chil- dren, only one now remains. But I try to discipline myself, and to submit without repining to the will of God. It is a sad thing to outlive our children ; but if it be so ordered by Divine Wisdom, I acquiesce. Ere long, I know that I must follow them. I shall not go to Washington for a week or ten days, and will find an occasion to see you and your family before my departure. You and Mrs. Mason are among those whom I and mine have longest known and most loved. I thank God that I am not deprived of either of you in this day of trouble. I look back on our long friendship and in- tercourse, as a bright line along the course of life ; and it has been a continuing consolation, when connections the nearest and dearest have been struck down. With true regard and affection, yours, D. Webster. On the 2 7th day of April, 1 848, Mr. Mason completed his eightieth year. Thus far the natural infirmities of age had pressed lightly upon him. His constitution was robust, his health had always been vigorous, and his intellectual powers had suffered no decline. He had the same pleasure in reading, and in the society of his family , and friends, that he had always had. And so it continued during the summer and early autumn of 1848. It was in the month of October that the final summons came, and the Providence which had crowned his life with so many blessings, was equally kind in the manner of his death, sparing him the burden of a long illness, and ' This letter was in reply to one from Mr. Mason, called forth by the death of Mr. Webster's second son, Major Edward Webster, and Mrs. Julia Webster Appleton, his daughter. CH.\rTER IX. 3 74 Memoir of ycrcmiah Mason. ClIAI'lER IX. sparing his friends and family the pain of seeing the mind decay before the body died. The following narrative of his last illness and death is taken from the diary of his daughter, Mary Mason, from which a few extracts have been previously given : — "October 15, 1848. — The blow has come at last, which has re- moved our noble head. Our beloved father is no longer here. He breathed his last peacefully at eight o'clock last evening, his dear ones all around him, and I think he was conscious of their presence almost to the last, for he pressed Charles's * hand when he asked him if he knew him, I think within an hour of his death. We had thought him dying since ten o'clock in the morning, when Charles made an earnest prayer for him, at his request. Now that the solemn scene is over, let me try to recall some of the circumstances. " Sunday, the 8th of October, he was well, and went to church all dav, which has been an effort to him during the last year, when his infirmities had increased, and an afternoon nap was necessary for his health and comfort. Monday, he drove mother out in the morn- ing, but did not seem very well ; but he called with her, as he had many times before, to see Mrs. Eustis, who has been so ill. He came home at his usual hour in the afternoon. I was sitting at the window. He sat down in his chair that he loved so well, and en- joyed a quiet hour of meditation, looking upon the western sky and sunset. How he loved that hour and view, and would seem to fix his eyes upon the distance, as if he would penetrate the brightness beyond! That evening was a very pleasant one. Miss Lyman took tea with us, and father made her sit down by him, and tell him of a visit she had been making in Lebanon, and talked with great interest to her of the old place. He has loved lately so much to speak of the home of his childhood. Dr. Potter," with Charles, were here in the evening. Dr. Potter sat all the time close to father, and seemed to value the privilege. " The next morning he did not come down to breakfast, and took 1 His youngest son, an Episcopal clergyman, settled in Boston. ^ Now the Right Reverend Horatio Poller, Bishop of New York. i Last Illness. it late, and seemed unwell. I went into the library, and found he had laid down his jjaper. I asked him if I should read a speech of Mr. Webster's ; but he did not listen with his usual interest. He soon lay down, but could not sleep, and mother sent for Dr. Ware, who seemed to think him more than commonly indisposed. He gave him calomel, and ordered him to live upon gruel. That evening he seemed very miserable, but he insisted on going down to tea, and he and mother took tea together in the parlor, as we thought the dining room cold. In the evening, I read to him for the last time in his accustomed seat, passages from ' The Diary of Lady Willoughby.' Charles came in the evening, and thought him better. That night I slept in the next room, to be near. At about two o'clock, mother called me, and said he was very restless, and had a good deal of pain in his breast. I rubbed him with hot spirit, and put on a mustard plaster, which seemed to relieve him for the time. While I was doing this, my heart failed me, it was such a new thing to be doing this for him : it seemed as if his noble frame were yielding at last. He went to sleep again, but in the morning he seemed no better, and to have no wish to leave his room. He was exceedingly restless, and could get no relief from change of position. He asked if George ^ had read prayers with us since he had been sick, and expressed a wish that the service should not be omitted. Mother came into the room. He said, ' Come here and sit by me ; I always love to have you near.' I asked if I should read to him. He said yes ; and I read parts of the fourth and fifth chapters of Hebrews. Afterwards, when he and mother were alone, Charles came in and prayed with them. He lay down, as usual, after dinner, with mother at his side. In the afternoon, Marianne " went into the room, and found dear father trying to get up, but he did not seem to have the power. She was frightened, and called me, and we found he had lost the use of his limbs, but could not comprehend the difficulty. He said he must get up, and seemed so determined, that, with the aid of Charles, we got him into 1 Ilis eldest son, an inmate of his father's family. - Ilis youngest daugliter. Z1S Chapter IX. 3/6 Mem oh' of yereiniah Mason. ckai IKK IX. ' his chair, where the doctor found him, and persuaded him to be put , on the bed again ; and leeches were soon applied to his head. While the doctor was attending to them, he turned round and said, ' Why, doctor, I thought only old women put on leeches.' After this, he was wandering ; but his mind could always be recalled by questions, which he would answer in a way which showed he under- stood them. He was throwing his arms out once, as he often did, and mother asked him what he wanted. He said, ' Nothing.' She said, ' Man wants but little here below.' He showed that his ob- servation was still alive, for he immediately finished the couplet : ' Nor wants that little long.' He asked Charles to pray with him several times, and intimated his comfort in it. When asked if he could place his whole trust in his Saviour, he said, ' What Qther trust can I have,' with earnest solemnity. In everything he said, — which was but little, for he spoke with great difficulty, — he showed great humility, but a firm reliance on the merits of his Saviour. His eyes were generally closed, but occasionally they were turned up with an earnest, devout look, as if in prayer. He seemed to know we were all about him, and often carried our hands to his lips, and put his arms around our necks and drew us down to him. The trial of helplessness, from his great weight, and from his being unused to be taken care of, must have been very painful to him ; but he took everything without complaint, and with perfect gentleness and patience. " Saturday, the 14th, his breathing seemed to be difficult. As the forenoon advanced, it grew more regular, and seemed peculiar. He was less conscious, and we felt that death was approaching. The family were all summoned. When Charles came in, he made an earnest prayer, commending his soul to his Maker and Redeemer. He made it close to his ear. He asked him if he had heard and understood him ; he pressed his hand, and tried to speak. He never spoke again, although I think he was conscious that we were about him. All day we were watching that beloved, venerable form, thinking that each breath might be the last. It did stop about His Death. eight o'clock in the evening. Without a struggle or a groan, the soul had tied: the noble form was left beautiful and serene, like a marble statue." Mr. Mason's disease was paralysis, terminating in apoplexy. Me died October 14th, 1848, and his funeral took place, October 17th. His remains were laid in the cemetery at Mount Auburn, after ser- vices in Grace Church, by the Rev. Alexander H.Vinton, I). I). A few weeks before his death, he had driven out to Mt. Auburn with his wife, and pointed out the spot where he wished to be laid. One or two little incidents occurred during his brief last illness which were characteristic of him. His son Charles asked him what kind of pain he had. He answered," I don't know of any pain that is pleasant." His daughter Mary chancing to make some casual re- mark in a low tone of voice, not intended for his ear, he asked her what she said, " Nothing, Sir," was the reply. " Mary, what words did you use with which to say nothing.? " was his rejoinder. No memoir of Mr. Mason should conclude without some mention of his remarkable personal appearance. In his case, as in that of Dr. Johnson, a powerful mind was inclosed in a giant frame. Like Saul, the son of Kish, he towered in stature above all his fellows. First in Portsmouth, and afterwards in Boston, he was the tallest man who walked the streets. In his prime, when he stood erect, his height was six feet and six inches; though in declining life, by reason of a slight habitual stoop, he appeared less tall than he really was. His frame, slender in youth, expanded as he grew older, and in his latter years assumed a bulk proportioned to his height. His head, well formed and really large, seemed small in comparison with the size of his person. His movements were slow; he used no ges- tures in speaking; and so far as the body was concerned, his habits were inactive. His powerful constitution and temperate habits in- sured him long continued and vigorous health without regular exer- cise or any particular rules as to diet. He was capable of severe and protracted toil to the last. Few men of sixty-five could have borne as he did the exhausting strain and pressure of the Avery trial. It 4S Zll ClIAITKR IX. M^ Mcvioiy of ycrciniah Mason. CllAITER IX. is not work that kills, but worry ; and Mr. Mason's was one of those happy organizations that burn none of the oil of life in worrying or fretting. The portrait at the beginning of the volume is a photograph from a bust by Clevenger. It well recalls Mr. Mason to those who knew him ; but to those who knew him not it hardly reproduces the calm power and kindly shrewdness of the original. Those who have read the preceding pages will have formed a distinct impression of what manner of man Mr. Mason was, and it only remains for me to fill up the outline already drawn, and set forth more in detail his traits of mind and character. In doing this I shall speak both from my own observation of him, and from the testimony of others who knew him longer and better. It should be borne in mind that Mr. Mason's public claims to remembrance, rest wholly upon his merits and eminence as a lawyer. There has hardly been a man in our country of his general intellec- tual force, whose labors and triumphs were so exclusively profes- sional as his. To the honors of literature he made no claim ; and though under favorable conditions he might have won enduring fame as a statesman, his term of public service was too brief, and fell upon too unjiropitious times, to permit him to entwine his name with the history of his country. And further it is to be noted that Mr. Mason was always a lawyer, and never a judge. The function of a judge is higher than that of a lawyer, and a seat on the bench is the natural reward of eminence at the bar : it is always so in England, and generally so in this country, unless the glittering prizes of politics prove the stronger attraction. The fame of a lawyer is at once local in its range, and brief in its duration. A great judge lives in his recorded opinions; but a great lawyer, a brilliant advocate, lives only in memory and tradition, and soon becomes little more than a shining name. It is to be regretted that Mr. Mason never occupied a high judi- cial position.' He had all the powers and accomplishments needed 1 It will be remembered lliat Mr. Mason declinod the jwsl of Chief Justice of the Superior Court of New llam|)shirc. Sec page 152. Eminence as a L azvyer. for such a place ; such as learning, powerful logic, patience, quick- ness, calm courage, a dignified presence, robust health and conse- quent capacity for labor. He could not have failed to make a great judge. Had he not been too old at the death of Chief Justice Mar- shall, there was no man in the country more worthy to succeed that illustrious magistrate. Mr. Mason was a great lawyer, iK-rhajis the greatest law^x-r that ever practiced at the bar in New England. But when we call a man a great lawyer, we use language which has a certain degree of vague- ness. Chief Justice Parsons, Judge Story, Mr. Webster, Chief Jus- tice Shaw, Mr. Choate, were all great lawyers, but no two of them were alike. Each had powers and faculties peculiar to himself It is with lawyers as with painters; Raphael, Titian, Correggio, Rem- brandt, were great painters ; but they differ widely in their charac- teristics, and no trained eye would ever mistake a work of one for that of another. For those who did not know Mr. Mason, we must analyze and discriminate. The question to be answered is, wherein did he differ from the other great lawyers who were his contempo- raries, whether on the bench or at the bar. Mr. Mason's superiority as a lawyer may be thus stated: that of all men who ever practiced law in New England, he was the most fully equipped with all the weapons of attack and defense needed in the trial of causes. It is but putting the same thing in another form to say that of all men who have ever been at the bar in New England, he was the most formidable opponent. And of all lawyers, he was the most successful ; that is, no other man ever tried so many cases and lost so few, in proportion to the whole number that he tried. There was nothing which a client ever wants a lawyer to do for him which Mr. Mason could not do as well as any, and better than most. No man could argue a legal question before a court with more learning and power. No man could try a cause with more tact, judgment, and skill. Though not eloquent, in the common accep- tation of that term, no man could address a jury more persuasively and efiectively. No man's opinions as chamber counsel, whether 379 ClIAl'TEK IX. 380 Memoir of ycremiah Mason. CHAnKR IX. I oral or wrLtten, were more carefully considered or wiser. No man in all the departments of professional life ever made fewer mis- takes. And what were the causes of Mr. Mason's success as a lawyer? what were the elements of his superiority ? what were the qualities which gave him such position and influence at the bar .' These questions require answers somewhat in detail. Of course, in the composition of a great lawyer, learning is an essential element. A man may be learned in the law and, yet from want of natural force, not be a great lawyer; but no man can be a great lawyer without learning. Mr. Mason's learning was confined to the common law. Though a mind like his was eminently fitted to grasp and apply the principles of equity jurisprudence, yet as he came late in life to the study of the subject, he never was a great equity lawyer; but within the range of the common law, his learn- ing was profound, various, e.xact; and ready. His attainments seemed less than they were, because he never cared to make a dis- play of them. He disdained a parade of cheap learning. He never incumbered his briefs willi needless authorities. He took it for granted that the court he was addressing was not ignorant of the law. His arguments were remarkable for the skill and power with which the rules of law were applied to the case in hand. That the stream of legal learning had passed over his mind was shown by its general fertility in legal principles and analogies. Thus, the more learning a judge had, the more would he appreciate Mr. Mason's arguments. And this affluent learning was accompanied by a power of rea- soning in which few equalled and none surpassed him. He was so strong in argument and so clear in statement, his native legal in- stincts were so sound, that he would have been heard with respect even if his learning had been meagre. His language was plain but appropriate, and he never used a superfluous word. Learning, logical power, and clearness of statement, will make a great lawyer, will secure to their po.ssessor the confidence of his His yudgvicnt. clients and the car of the court ; but a man may haye all these and yet be without skill in the trial of causes, and powerless before a jury. But here Mr. Mason was quite as strong as in the examina- tion and discussion of purely legal questions, and this too without the accomplishment of brilliant eloquence. But then he had every quality needed in the trial of causes, eloquence alone excepted. In the conduct of causes before a jury the most important element is judgment, that which is also the most important element in the conduct of life. Without judgment, learning is cold, and eloquence is a light which is quite as likely to lead astray as to lead aright. Causes are won not by brilliant strokes but by the continuous exer- cise of skill, tact, and discretion. Erskinc, the most eminent of Eng- lish advocates, and Choate, the most eminent of American advo- cates, were quite as remarkable for judgment in the trial of cases as for powerful and captivating eloquence, and this was the preemi- nent quality of Scarlett, the most successful of English advocates, who won more verdicts in proportion to the cases he tried than even Erskine. In this primal quality of judgment Mr. Mason had no superior. From the beginning of a case to the end he never made a mistake. He left nothing undone which should be done: he did nothing which should be left undone. He never asked an injudicious ques- tion ; he never protracted the examination of a witness to a need- less length, and yet he never failed to extract from him all that was pertinent to the matter in hand. And he was as vigilant as he was judicious. Under a manner calm and seemingly impassive, he was all eye and all ear. Every expression of a witness's face, every tone of his voice, was carefully noted. And the impression made by the events of the trial, both upon the court and the jury, was also sedu- lously watched. His addresses to the jury always commanded their strict atten- tion, from their strength, clearness, and point. He understood the common mind, and knew how to hit it between wind and water. His reasoning was close yet easily followed ; he presented his facts 381 ClIAI'TKU IX. Chaitf.r IX. with great skill ; his language was plain, but with a certain idio- matic point and flavor well suited for popular effect. He never wearied his compulsory audience by talking too long ; and his easy conversational tone established at once agreeable relations between him and them. And he had from nature a gift which did him good service on such occasions, and this was his keen perception of the ludicrous and iiis quiet vein of sarcasm. This power was always under the control of sound judgment and good taste, but it gave a peculiar seasoning to his arguments and helped to fi.\ the attention of the jury. They expected these little touches of humor to come in occasionally, and did not permit their thoughts to stray, lest per- chance they might lose some of them.^ He never approached the trial of a case, however unimportant, without the most careful preparation. He never put a witness on the stand whom he had not thoroughly examined beforehand. Thus he was rarely taken by surprise, or had occasion to change front in the face of his enemy. And all his intellectual powers had the sup- port of a calm and even temperament. Nothing ruftied or discom- posed him ; he never lost his temper or his self-possession, and no one could have judged from his face and manner whether the cur- rent of the case was setting against him or for him. As an illustration of Mr. Mason's readiness and quickness in the trial of causes, I may mention here a little incident told pie by the gentleman who was acting as his junior at the time. In the course of the examination of an important witness before a Boston jury, a question was asked by the presiding judge. Mr. Mason instantly rose, and, after checking the witness, said to the court : " May it > " I well recollect a descriplion Mr. Webster once gave me of a change which he said he deliber- ately made in his own style of spciking and writing. He observed that before he went m Portsmouth his style was florid, — he even used the word ' vicious,' — and that he was apt to make longer sen- tences, and use larger words, than was needful. He soon began, however, to notice that Mr. M.-ison was, as he expressed it, ' a cause getting man.' 'He had a habit,' said Mr. Webster, 'of standing quite near to the jury, so that he might have laid his finger on the foreman's nose ; and then he talked to them in a plain conversational way, in short sentences, and using no word that was not level to the comprehension of the least educated man on the panel. This led me to examine my own style, and I set about reforming it altogether.' "— Curtis s Lift of U'cbsUr, vol. i. p. 90. His jVIei/iod ill Cross-exauiination. 3^3 please your Honor, I sliouUl like to in(|uii"c on wliose side you asked that question. If it is on our side we do not want it put, and if it is on the other side, the answer would not be legal evidence." Of all Mr. Mason's professional accomplishments, tlie pojiular mind was most impressed with his skill in cross-examination of witnesses. Most of the traditional stories current about him turn upon his triumphs in this department, wherein he undoubtedly never had an equal in the annals of the New England bar. One of those current in my vountr days was about his unfrocking and demolish- ing a man who, to give more effect to his false testimony, had ar- rayed himself for the nonce in the garb of a Quaker. It was long remembered in the region where it happened as an exciting and amusinsf scene; amusintr, at least, to every one but the victim. Mr. Mason's method in cross-examination was peculiar. Infe- rior artists in this department are apt to approach their opponent's witness in a way which alarms him if he be timid, and provokes him if he be bold. The first questions are a sort of declaration of war. The cross-examination then becomes a keen encounter of wits if the witness be resolute and self-possessed, from which, however much the spectators may be amused, the client's cause gains but little. If, on the other hand, the witness be dull and with no skill in verbal fence, the instincts of self-preservation will prompt him to take refuge in silence, and say as little as he can. Mr. Mason began in a different fashion, when it was his cue to break down a witness by cross-examination. He did not frigliten or bully him. His first questions were put in a tone and manner wliich lulled his apprehensions and threw him off his guard. They were generally such as a witness would readily answer, being seemingly remote from the matter in hand. Easy relations would thus be es- tablished between the questioner and the respondent, and the latter would perhaps felicitate himself in being so gently dealt with by one who had the reputation of being so searching and formidable in cross-examination; gradually the inquiries became more convergent and consecutive; the folds began to tighten, and sooner or later a CllAI'll l< IX. 384 Alanoir of yeremiah Mason. CiiArrER IX. point was reached when tlie witness supposing him always not to be speaking the truth, would pause in embarrassment and reflect whether he were telling a consistent story, and this, if continued, would be fatal to liini. Of course, such a process would be of no avail, and even injudi- cious, in the case of an honest witness. Mr. Mason had too much good sense and too much experience not to know that in nine cases out of ten the attempt to break down a witness who is telling the truth, though in a clumsy way, only recoils on the head of him who makes it. But his knowledge of men was so great, his penetration so keen, his power of interpreting the signs of thoughts so remark- able, that he rarely or never made a mistake as to a witness's purpose and intent. I am indebted to my friend Mr. John J. Clarke, of the Boston bar, for an interesting incident in Mr. Mason's professional life, es- pecially illustrating his peculiar power in the cross-examination of witnesses. Soon after his removal to Boston, he was retained as senior counsel by Mr. Clarke, in the trial of an appeal from a de- cree of the judge of probate for the County of Middlesex, sustain- ing- the will of a man who had recently died in one of the towns in that county. The issue raised by the appeal was upon the sanity of the testator at the time of the execution of the will. It pre- sented a nice question for the consideration of the jury, for he had died of delirium tremens, and the will was executed not long be- fore his death ; and though there were some periods during the last days of his life when he was hardly of disposing mind and memory, yet there were unquestionably others when he was entirely compe- tent to make a will, and the ppint to be determined was as to his sanity at the time the will was executed. Mr. Justice Wilde presided at the trial, which lasted three days. It excited much interest, and the court-room was crowded with spectators from first to last. The leading counsel for the heirs at law, who sought to impeach the will, was Mr. Hoar, of Concord, whose power over a Middlesex jur\', as was well known, was so Scene in a Court Ri 007/1. 385 great as to give to every cause in wliitli lie was retained a decided vantage-ground at the start. The princii)al witness in supi^ort of the will was a woman who acted as nurse to the deceased in his last illness. .SJie was an intel- ligent person, and Mr. Mason believed if she made her statements on the stand, under oath, as clearly and strongly as she had when questioned by counsel in their preparation of the case, that her testimony would be well nigh conclusive. The principal witness against the will was an acquaintance, and occasionally a boon companion, of the testator. Mr. Clarke had rea- son to believe that he was prepared to swear falsely, and that he could be broken down by such a cross-examination as Mr. Mason was able to administer, and this was one of the reasons which de-. termined him in the choice of a senior counsel. The case was opened on behalf of the heirs at law, as they had taken the appeal. Two or three of their witnesses, not being of any great importance, were cross-examined by Mr. Clarke. But when the principal wit- ness above mentioned was put upon the stand, Mr. Clarke whis- pered to Mr. Mason, and said that he should devolve upon him the cross-examination of this witness. When the direct examination, which made a favorable impression, had been concluded, Mr. Mason asked permission for a brief con- fei-ence with his junior. Turning to Mr. Clarke, he said, " Is the nurse in court .'* " Mr. Clarke replied that she was. " Where is she .'' " rejoined Mr. Mason; "point her out to me." Mr. Clarke pointed her out accordingly, in a distant part of the court-house. ' Go to her," continued Mr. Mason, " and see if she is ready to swear to all that she has told you." Mr. Clarke, reluctant to draw upon himself the gaze of the whole court-house by so novel a procedure, made some objection, but Mr. Mason said very decidedly, " Do as I desire you, and leave the responsibility with me." Mr. Clarke accordingly made his way with some difficulty through the throng, spoke with the witness a few moments, and came back and reported to his senior that all was right. 49 CHAI'TKK 386 Mcvioir of ycremiah Mason. L 11 \r 1 1 K l.\. Mr. Mason then began his cross-examination. In an easy, con- versational, and seemingly friendly tone he asked a number of ques- tions which had little to do with the case, with a view to disarm the witness's suspicions, and put him off his guard. To this end, also, he occasionally interspersed a remark or two commendatory of the witness's manner and readiness in replying. This continued for a brief season, when Mr. Hoar objected to the cross-examination as ir- relevant, but the judge allowed it to go on. A few moments later, the objection was renewed, and again overruled. After a short in- terval Mr. Hoar arose, and with great earnestness- and emphasis ap- pealed to the court for the third time, protested against a course of examination which was wasting the time of the court in inquiries which had nothing to do with the matter in hand, and insisted that Mr. Mason should state the purpose for which his questions were asked. Judge Wilde replied that it was not usual to restrict a law- yer of Mr. Mason's experience in the cross-examination of a witness ; that to state the purpose for which a question was asked would often defeat such purpose, and that all that could be asked of Mr. Mason was to say that he had an object in his inciuiries. Mr. Ma- son then rose, and said that, upon his honor, every question he had put was put with a purpose, and that this purpose would be revealed in due season. After this no further interruption took place, and the cross-exam- ination went on some time longer, and had apparently been brought to a close, and the witness had begun to congratulate himself that his fiery ordeal had been passed without harm. After a moment's pause, Mr. Mason rose, and slowly approaching him, said, " Mr. Wit- ness, I am much obliged to you for the frankness aird fullness with which you have answered my questions, and I have only one more to ask, and will then dismiss you." He then put to him a question, to which the whole previous examination had been introductory, and which was so adroitly framed that he could not answer it in any way without contradicting some important statement previously made'. The witness saw at once the trap into which he had fallen, Conduct of Caitses. 387 and was silent. He trembled, turned deadl)' pale, his knees shook, and he seemed ready to faint. Mr. Mason asked him if he had under- stood the question. Still no reply, and after a long pause, during which there was the silence of death through the courl-housc, Mr. Mason said, " You may step down, sir." It is needless to add that this scene not only destroyed the value of his testimony, but essen- tially damaged the appellant's case. The result of the trial was a verdict in favor of the will. The incident made an imi)ression upon Mr. Clarke which the lapse of forty years has not effaced, and he has told me that in the whole course of his professional life he had seen no parallel to the skill and power displayed by Mr. Mason on this occasion. Some lawyers, especially if young and fond of popular applause, are apt to make the trial of a cause a sort of dramatic entertain- ment, for the benefit of the bystanders, and their own honor and glory. There is a temptation to do this because there is some re- semblance between the course of an exciting trial and that of a play, and incidents occur in courts of justice which recall the unex- pected turns and surprises of the stage. But in proportion as the advocate yields to this temptation does he endanger the cause of his client. Mr. Mason was never for a moment drawn aside from the straight path of professional duty by the force of this attraction. He had no other object in view than to gain a verdict. He took cognizance of none but the judge and the jury. The bystanders were no more to him than if they had been so many wooden images. He never asked a cjuestion or made a remark that was prompted by their presence. To the judgment they might form of his con- duct of a case his indifference was supreme. I once asked an eminent member of the bar, still living, who in his early practice had had frequent professional relations with Mr. Mason, wherein he excelled the other distinguished lawyers he had known. He replied, that in addition to learning, general force of mind, and extraordinary power in cross examination, Mr. Mason surpassed all men he had ever consulted in the instinctive readiness Chai'if.k ,88 Memoir of ycraniah Masoji. ClL\l-rEK IX. with which he would point out the rules and principles of law appli- cable to a given statement of facts. When a case was submitted to him, he would require the facts and circumstances to be fully com- municated, asking many questions to this end, and then, instantly, would indicate the path of inquiry in which the law governing the ciuestion was to be sought. My informant added that he had some- times been to him with a case on which he had read and thought for three or four days without coming to any definite conclusion, and that Mr. Mason, in a few words would furnish the key he had been seeking, and as with a lightning flash disperse the darkness in which he had been groping. Thouo-h Mr. Mason's time and powers were almost wholly given to the study and practice of the law, his mind had too much orig- inal force to be dwarfed or cramped thereby. There was nothing in him of professional pedantry or professional narrowness. He had read a good deal among the best writers in English literature, and had wasted no time upon worthless books. With the history, espe- cially the political history, of his own country, he was very familiar. Every mind has its own laws and conditions of growth. Some find appropriate food in the study of books, others in the observa- tion of life and the study of men. Mr. Mason's was of the latter class. He preferred what Baqon calls discourse to studies. He had not his friend Chief Justice Parsons' omnivorous passion for books. In his leisure hours he preferred to talk with a friend to shutting himself up in his study to converse with an author. He was given to the asking of questions, as has before been said, and there is in one of Bacon's Essays a passage on this habit which fits Mr. Mason as much as if it had been written for him: " He that qucstioneth much shall learn much, and content much, but espec- ially if he apply his questions to the skill of the persons whom he asketh, for he shall give them occasion to please themselves in speaking, and himself shall continually gather knowledge." As I recall Mr. Mason, he seems to me the wisest man I have ever per- sonally known ; that is, whose judgment was the most sound, whose Political Opinions. sagacity was the most unerring, wliose inferences from facts and events were tlie most correct. Though Mr. Mason was by natural endowments achnirably fitted for the law, I do not think he would have missed his vocation had he been trained to some other calling. I lad he been a merchant or a manufacturer, there can be no doubt that he would have been successful and prosperous. What Livy says of the elder Cato, is exactly applicable him : " In hoc viro tanta vis animi ingeniique fuit, ut quocunque loco natus esset, fortunam ipse facturus Uiisse videretur." It is hardly necessary to say that in politics Mr. Mason was a Fed- eralist of the straightest sect ; that is, he held all the faith and creed of the Federal party, without reserve or qualification. But being a wise man, and a man of calm temperament, he never went to ex- tremes, whether in opinion or conduct. During the war of 1812, his course was entirely patriotic. He never gave his hand to the violent expressions and unwise steps into which some good men of the Federal party were hurried by the warmth of opposition. He would, for instance, assuredly have advised against the Hartford Convention, had he been consulted upon the subject. In all free countries there are two natural parties, — the party of progress and the party of stability ; and the history of every free country is a record of the struggle between these two parties. Mr. Mason belonged to the latter of these parties. By nature and by education alike he was a conservative. Any where, and under any conditions, he would have been such. In England he would have been a strong but not a bigoted tory. By his natural instincts he was averse to innovation, and inclined to walk in the old ways. He had little confidence in popular judgments, whether upon political or general questions ; and, as will have been seen, was inclined to take rather desponding views on public affairs. He certainly did not believe that there was to be found in universal sutirage a solu- tion of all political problems and a cure for all political diseases. His political convictions were modified and colored by his profes- 389 ClIM'lKR IX. ;90 Memoir of yeremiah Mason. Chapter IX. sional t.\i)ciicnccs. His immense practice broiiglit him into con- stant contact with the weak side of human nature, with its errors of judgment, its infirmities, its mistakes, its want of moral resolution ; and he could not believe that wisdom would be evolved from an acro-reo-ation of men, most of whom were not wise, or virtue from an acrtrretTation of men many of whom were not good. Like all the able and excellent men who belonged to the old I'edcral i^arty, his object was to strengthen the hands of the general government, to uphold the Supreme Court of the United States and the judiciary generally, to guard rights and property against popular violence, and to teach, directly and indirectly, a respect for law. And in common with the leaders of the Federal party, he could not foresee the unex- ampled material prosperity of the country, and the conservative in- fluence of such prosperity. Mr. .Mason was, all his life, a man of decided religious convic- tions. Trained in the faith of the early fathers of New England, neither the growth of his mind nor his observation of humanity led him, in his mature years, to depart therefrom. His whole intel- lectual being rested upon a strong conviction of the supremacy of law, and that every violation of law involved a corresponding pen- alty ; and the leading articles of the creed in which he was reared, the fall of man, the divinity of Christ, and the atonement, being in harmony witli his views of the attributes and providence of God and the nature of man, solved for him the moral problems of life. After his removal to Portsmouth lie worshipped with his family in the Episcopal church of that town, preferring its liturgy and service to the Congregational form. In his prime of life, as hap]:)ens with most men who are deeply engaged in secular affairs, he gave less thought than he afterwards did to religious subjects, or the contemplation of a world beyond the grave,' but with the length- ening shadows of his decline these great questions dwelt more in his mind, and he came to think, read, and speak of them habitually. After his removal to Boston, he became a member of St. Paul's ' Sec the correspondence between him and Dr. Applelon in Chapter VI. RcligioKs Character. Church, under the charge of the Rev. Dr. Stone, for whom he had a high regard, both as a pastor and a man.' The deep and abiding sorrow caused by the death of two amiable and promising sons, had also its natural effect in weaning his thoughts from earth, and turn- ing them toward the heaven to which these treasures of his heart had been removed. The last years of his life were marked by more frequent expressions of religious feeling, and by a mixture of gravity and tenderness in his manner which was the result of meditation on the great themes of life, death, and immortality. In illustration of Mr. Mason's religious feeling, at the time when he was most actively engaged in the business of life, I quote an ex tract from a memoir of him, prepared by his friend Mr. Ebenezer Wheelwright, who for many years had peculiar opportunities for ob- serving his traits of mind and character, before his removal from Portsmouth. "In the year 1831, February 12, there was an annular eclipse of the sun ; and the agencies of science were in motion to make obser- vations and report its astronomical relations. The day was very beautiful, and no cloud was seen in the sky. As the eclipse ad- vanced the writer joined Mr. Mason, at the terminus of the beauti- ful street that led up to his mansion. It had been planted with a long row of sycamores, which had now attained their growth, and both in winter and summer were finely ornamental. The shadow was deepening every moment, until the whole surface of the sun, except the circular thread of light, was obscured, as we slowly walked along. Mr. Mason remarked, as far as the writer's memory serves, as follows : — " ' A scene like this is always appalling : I wonder not that savage nations were terrified by such manifestations of the Deity. The intuitive idea of a God is thus magnified into a visible certainty, and though we know the laws of the solar system, yet we can- not escape from the conviction, that these are the workings of I See in the Appendix a letter from Dr. Stone upon Mr. Mason's religions character in declining life. 391 CirAl'TKR IX. 39- AIe?noir of yeremiah Mason. ClIAlTER IX. the Divine power. We lose sight of the law in the presence of the Lawgiver. The solemnity of the scene puts a limit to our curi- ositv, and instead of conducting the investigations of science, I would rather stand still and adore.' The conversation then turned to the supernatural darkness of the crucifixion, which men of in- fidel minds deemed incredible and absurd. It was evident that a deep religious awe pervaded his mind and that his faith in the Gos- pel record was not staggered by the astounding narrative, for it was a fitting accompaniment of the awful deed, and a manifestation of God's displeasure which none of the multitude, who witnessed it, had ever denied." My task is now closed. ' In looking over what I have written I feel conscious that I have e.\posed myself to a criticism which I will answer by anticipation. It is now nearly a quarter of a cen- tury since Mr. Mason died. His contemporaries have all passed away, and of those who personally knew him, and thus are qualified to judge of the correctness of my sketch, the number is rapidly diminishing. He wrote no books, and so does not enjoy the fame that is won by successful authorship. He was never a judge, and thus his name is not preserved in his opinions, like those of Mar- shall and Shaw. Among the younger members of the profession of the law he is becoming merely a name and a tradition. I am aware that by some of these last it may be said that, after the usual manner of biographers, I have magnified the claims and merits of my subject. They may ask for more definite and substantial proof of the greatness of Mr. Mason than any I have been able to present. To such objections I have only to say that my esti- mate of Mr. Mason has been carefully and advisedly formed. For many years I knew him well; perhaps as well as a young man can know an old man who was never approached without great respect, almost reverence. I have known also many of the eminent lawyers and statesmen of New England, and have only to say that my early impression of Mr. Mason's powers has been confirmed by time, and strengthened by my observation of others. And furthermore, I Mr. Webster s Estimate of Him. 393 speak confidently and from knowledge when I add that the high place I have assigned to him as a man and a lawyer would, were they alive, be emphatically and unhesitatingly confirmed by Judge Story, Mr. Webster, and Mr. Ticknor. So far as Mr. Webster is concerned, the above statement is not matter of inference merely. He thus records, twenty years before Mr. Mason's death, in his Autobiography, his impressions of his friend's powers. " I lived in Portsmouth nine years, wanting one month. They were very happy years. Circumstances favored me at my first be- ginning there. Owing to several occurrences, there happened to be an unfilled place among leading counsel at that bar. I did not fill it, but I succeeded to it. It so happened, and so has happened, that, with the exception of instances in which I have been asso- ciated with the Attorney-General of the United States, for the time being, I have hardly ten times in my life acted as junior counsel. Once or twice with Mr. Mason, once or twice with Mr. Prescott, once with Mr. Hopkinson, are all the cases which occur to me. " Indeed, for the nine years I lived in Portsmouth, Mr. Mason and myself, in the counties where we both practiced, were on oppo- site sides, pretty much as a matter of course. He has been of infi- nite advantage to me not only by his unvarying friendship, but by the many good lessons he has taught, and the example he set me, in the commencement of my career. If there be in the country a stronger intellect ; if there be a mind of more native resources ; if there be a vision that sees quicker, or sees deeper into whatever is intricate, or whatsoever is profound, I must confess I have not known it. I have not written this paragraph without considering what it implies. I look to that individual who, if it belong to any- body, is entitled to be an exception.^ But I deliberately let the judgment stand. That that individual has much more habit of reg- ular composition, that he has been disciplined and exercised in a vastly superior school, that he possesses even a faculty of illustra- This was Chief Justice Marshall. 50 CHAriKR IX. 39+ Memoir of y crcmiah Maso7t. CUAITER IX. tion more various and more easy, I think may be admitted. That the original reach of his mind is greater, that its grasp is stronger, that its logic is closer, I do not allow." ^ That this high estimate was never changed, appears from the sketch of Mr. Mason's life and character contained in Mr. Web- ster's address to the Supremo Court of Massachusetts, on behalf of, the bar of Suffolk, after his friend's death ; which will be found in the Appendix. The fame which Mr. Mason enjoys is not proportioned to the in- tellectual superiority accorded to him by his contemporaries. But this is no uncommon lot. Fame, like fortune, distributes her favors with a capricious hand. Unhappy is he who makes the pursuit of fame the object of his life, and feels that his life is a failure if he do not secure it! Mr. Mason's descendants must console themselves with the sentiment expressed in the beautiful language of Mil- ton : — " Fame is no pl.int that grows on mortal soil, Nor in the glistering foil. Set off to the world, nor in broad rumor lies, But lives and spreads aloft by those pure eyes, And perfect witness of all-judging Jove, As he pronounces lastly on each deed. Of so much fame in Heaven expect thy meed." 1 Curtis's Life of Webster, vol. i. p. 89. APPENDIX APPENDIX. A. PROCEEDINGS IN MASSACHUSETTS AND NEW HAMPSHIRE, ON THE DEATH OF THE HON. JEREMIAH MASON. MR. MASON'S DEATH. At a meeting of the Bar of the County of Suffolk, held October 17, 184S, in the Law Library, the Hon. Richard Fletcher was appointed Chairman, and Mr. George T. Curtis, Secretary. The Chairman having stated that the meeting had been called to take some notice of the decease of the Hon. Jeremiah Mason, — Mr. Choate rose, and spoke nearly as follows : — I have supposed, sir, as you have done, that it would be the desire of the Bar of Suffolk to mark the event which has led to the call of this meeting, by something more than the accustomed and formal expression of sensibility and regret for the loss of one of its number. Mr. Mason was so extraordinary a person ; his powers of mind were not only so vast, but so peculiar ; his character and influence were so weighty, as well as good ; he filled for so many years so conspicuous a place in the profession of the law, in public life, and in intercourse with those who gave immediate direction to public affairs, — that it appears most fit. if it were practicable, that we should attempt to record, somewhat permanently and completely, our appreciation of him, and to con- vey it to others, who knew him less perfectly and less recently than ourselves. It seems to me, that one of the very few greatest men whom this country has produced ; a statesman among the foremost in a Senate, of which King, and Giles, and Gore, in the fullness of their strength and fame, were members ; a jurist who would have ArPENDrx. 39-"^ Appendix. Appendix. filled the seat of Marshall as Marshall filled it ; of whom it in;iy be said, that, with- out ever holding judicial station, he was the author and finisher of the jurisprudence of a State ; one whose intellect, wisdom, and uprightness gave him a control over the opinions of all the circles in which he lived and acted, of which we shall scarcely see another example, and for which this generation "and the country are the better to-day : — such seems to me to have been the man who has just gone down to a timely grave. I rejoice to know, that the eighty-first year of his life found his marvelous faculties wholly unimpaired. " No pale gradations quenched that ray." Down to the hour when the apoplectic shock, his first sickness, struck him, as it might seem, in a moment, from among the living, he was ever his great and former self He is dead ; and althougli, here and there, a kindred mind — here and there, rarer still, a coeval mind — survives, he has left no one, beyond his immediate blood and race, who in the least degree resembles him. Under the influence of these opinions and wishes, the resolutions which 1 hold in my hand have been prepared, chiefly by others ; and I have been requested to offer them to the acceptance of the Bar. Mr. Choatc then moved the following resolutions, which were unanimously adopted : — J\cso/7u/j That the members of this Bar have heard with profound emotion of the decease of the Honorable Jeremiah Mason, one of the most eminent and distinguished of the great men who have ever adorned this profession ; and, as well in discharge of a public duty, as in obedience to the dictates of our own private feelings, we think it proper to mark this occasion by some attempt to record our estimate of his pre- eminent abilities and high character. Resolved, That the public character and services of Mr. Mason demand prominent commemoration ; that throughout his long life, whether as a private person or in public place, he maintained a wide and various intercourse with public men, and cherished a constant and deep interest in public affairs, and by his vast practical wisdom and sagacity, the fruit of extraordinary intellectual endowments, matured thought, and profound observation, and by the soundness of his opinions and the comprehensiveness and elevated tone of his politics, he e.xerted at all times a great and most salutary influence upon the sentiments and policy of the community and the country ; and that, as a Senator in the Congress of the United States during a period of many years, and in a crisis of aftairs which demanded the wisdom of the wisest, and the civil virtues of the best, he was distinguished among the most emi- Appendix. nent men of his country for ability in debate, for attention to all the duties of his great trust, for moderation, for prudence, for fidelity to the obligations of that party connection to which he was attached, for fidelity still more conspicuous and still more admirable to the higher obligations of a thoughtful and enlarged patriotism. Resolved, That it was the privilege of Mr. Mason to come to the Bar, when the jurisprudence of New England was yet in its infancy ; that he brought to its cultiva- tion great general abilit}', and a practical sagacity, logical power, and patient re- search, — constituting altogether a legal genius, rarely if ever surpassed ; that it was greatly through his influence that the growing wants of a prosperous State were met and satisfied by a system of Common Law at once flexible and certain, deduced by the highest human wisdom from the actual wants of the community, logically correct, and practically useful ; that in the fact that the State of New Hampshire now pos- sesses such a system of law, whose gladsome light has shone on other States, is seen both the product and the monument of his labors, less conspicuous, but not less real than if embodied in codes and institutes bearing his name; — yet that, bred as he was to the Common Law, his great powers, opened and liberalized by its study and practice, enabled him to grasp readily, and wield with entire ease, those systems of Equity, applicable to the transactions of the land or the sea, which in recent times, have so much meliorated and improved the administration of justice in our country. Resolved, That, as respects his practice as a Counsellor and Advocate at this Bar, we would record our sense of his integrity, prudence, fidelity, depth of learning, knowledge of men and affairs, and great powers of persuading kindred minds ; and we know well, that, when he died, there was e.xtinguished one of the few great lights of the old Common Law. Resolved, That Mr. Webster be requested to present these resolutions to the Su- preme Judicial Court, at its next term in Boston ; and the District Attorney of the United States be requested to present them to the Circuit Court of the United States now in session. Resolved, That the Secretary communicate to the family of Mr. Mason a copy of these resolutions, together with the respectful sympathy of the Bar. ■399 Ari'r,NT)i.\. lathe Supreme Judicial Court of Massachusetts, on Tuesday, November 14, 1848, the Court having been opened in form at nine o'clock, a. m., and prayer having been offered, Mr. Webster rose and said : — May it please your Honors : Jeremiah Mason, one of the Counsellors of this Court, departed this life on the 14th of October, at his residence in this city. The death of one of its members, so highly respected, so much admired and venerated, could not fail to produce a striking impression upon the members of this Bar; and a 400 All'E.NDIX. Appendix. iiicLiiii^' was immediately called, at which a member of this Court, just on the eve of leaving the practice of his profession for a seat on the Bench, presided ; and reso- lutions expressive of the sense entertained by the Har of the high character of the deceased, and of sincere condolence with those whom his loss touched more nearly, were moved by one of his distinguished brethren, and adopted with entire unanimity. My brethren have appointed me to the honorable duty of presenting these resolutions to this Court ; and it is in discharge of that duty that I rise to address you, and pray that the resolutions which I hold in my hand may be read by the Clerk. The Clerk of the Court then read the resolutions, when Mr. Webster rose, and continued : — The proprieties of this occasion compel me, with whatever reluctance, to refrain from the indulgence of the personal feelings which arise in my heart upon the death of one, with whom I have cultivated a sincere, aftectionate, and unbroken friendship, from the day when I commenced my own professional career, to the closing hour of his life. I will not say, of the advantages which I have derived from his intercourse and conversation, all that Mr. Fo.x said of Edmund Burke ; but I am bound to say, that of my own professional discipline and attainments, whatever they may be, I owe much to that close attention to the ilischarge of my duties which I was compelled to pay, for nine successive years from day to day, by Mr. Mason's efforts and arguments at the same Bar. Fas est ab hosle doceri ; and I must have been unintelligent, in- deed, not to have learned something from the constant displays of that power which I had so much occasion to see and to feel. It is the more appropriate duty of the present moment to give some short notice of the life, character, and qualities of his mind and heart, so that he may be pre- sented as an example to those who are entering upon or pursuing the same career. Four or five years ago, Mr. Mason drew up a biography of himself, from the earliest period of his recollection to the time of his removal to Portsmouth, in 1797 ; which is interesting, not only for the information it gives of the mode in which the habits of his life were formed, but also for the manner of its composition. He was born on the 27th day of April, 1768, at Lebanon in Connecticut. His remotest ancestor in this country was Capt. John Mason (an officer who had served with distinction in the Netherlands, under Sir Thomas Fairfax), who came .from England in 1630, and settled at Dorchester in the colony of Massachusetts. His great grandfather lived at Haddam. His grandfather, born in 1705, lived at Nor- wich, and died in the year 1779. Mr. Mason remembered him, and recollected his char.acter, as that of a respectable and deeply religious man. His ancestor on the maternal side was James Fitch, a learned divine, who came from England and set- tled in Saybrook, but removed to Lebanon, where he died. A Latin epitaph, in the ancient buryingground of that town, records his merits. One of his descendants Appendix, 401 held a large tract of land in the parish of Goshen, in the town of Lebanon, by grant from the Indians ; one half of which, near a century afterwards, was bequeathed to his daughter, Elizabeth Fitch, the mother of Mr. Mason. 'I"o this property Mr. Mason's father removed soon after his marriage, and there he died in 18 13. The title of this land was obtained from Uncas, an Indian sachem in that neighborhood, by the great grandfather of Mr. Mason's mother, and has never been alienated out of the family. It is now owned by Mr. Mason's nephew, Jeremiah Mason, the son of his eldest brother James. The family has been distinguished for longevity, the average ages of Mr. Mason's si.x immediate ancestors having exceeded eighty-three years each. Mr. Mason was the sixth of nine children, all of whom are now dead. Mr. Mason's father was a man of intelligence and activity, of considerable opu- lence, and highly esteemed by the community. At the commencement of the Rev- olutionary War, being a zealous Whig, he raised and commanded a company of minute-men, as they were called, and marched to the siege of Boston. Here he ren- dered important service, being stationed at Dorchester Heights, and engaged in for- tifying that position. In the autumn of that year, he was promoted to a colonelcy, and joined the army with his regiment, in the neighborhood of New York. At the end of the campaign, he returned home sick, but retained the command of his regi- ment, which he rallied and brought out with celerity and spirit when General Arnold assaulted and burned New London. He became attached to military life, and re- gretted that he had not at an early day entered the Continental service. Colonel Mason was a good man, affectionate to his family, kind and obliging to his neigh- bors, and faithful in the observance of all moral and religious duties. Mr. Mason's mother was distinguished for a good understanding, much discretion, the purity of her heart and affections, and the exemplary kindness and benevolence of her life. It was her great anxiety to give all her children the best education, within the means of the family, which the state of the country would allow ; and she was particularly desirous that Jeremiah shoukl be sent to college. " In my recollec- tion of my mother," says Mr. Mason, "she was the personification of love, kindness, and benevolence." Destined for an education and for professional life, Mr. Mason was sent to Yale College, at sixteen years of age ; his preparatory studies having been pursued under " Master Tisdale," who had then been forty years at the head of a school in Leba- non, which had become distinguished, and among the scholars of which were the Wheelocks, afterwards presidents of Dartmouth College. He was graduated in 1784, and performed a part in the Commencement exercises, which greatly raised the ex- pectation of his friends, and gratified and animated his love for distinction. " In the course of a long and active life," says he, " I recollect no occasion when I have experienced such elevation of feeling." This was the effect of that spirit of emula- tion which incited the whole course of his life of usefulness. There is now prevalent among us a morbid and sickly notion, that emulation, even as honorable rivalry, is a 51 ArPENDIX. 402 Appendix. ArrtNLiix. debasing passion, and not to be encouraged. It supposes that the mind should be left without such excitement, in a dreamy and undisturbed state, flowing or not llow- ing, according to its own impulse, without such aids as are furnished by the rivalry of one with another. For one, I do not believe in this. I hold to the doctrine of the old school, as to this part of education. Quintilian says : " Sunt quidam, nisi institeris remissi : quidam iinperio indignantur ; quosdam continet metus, quosdam debilitat : alios continuatio extundit, in aliis plus impetus facit. Mihi ille detur puer, quern laus excitet, quern gloria juvet, qui victus fleat ; hie erit alendus ambitu, hunc mordebit objurgatio, hunc honor excitabit : in hoc desidiam nunquam verebor." I think this is sound sense and just feeling. Mr. Mason was destined for the law, and commenced the study of that profession with Mr. Baldwin, — a gentleman who has lived to perform important public and private duties ; has served his country in Congress, and on the bench of the Supreme Court of Connecticut ; and still lives to hear the account of the peaceful death of his distinguished pupil. After a year, he went to Vermont, in whose recently estab- lished tribunals he expected to find a new sphere for the gratification of ambition and the employment of talents. He studied in the office of Stephen Rowe Bradley, afterw.irds a Senator in Congress ; and was admitted to the Bar, in Vermont and New Hampshire, in the year 1791. He began his career in Westmoreland, a few miles below Waljjole, at the age of twenty-three; but in 1794. three years afterwards, removed to Walpole, as being a larger village, where there was more society and more business. There was at tliat time on the Connecticut River a rather unusual number of gentlemen, distinguished for polite accomplishments and correct tastes in literature, and among them some well known to the public as respectable writers and authors. Among these were Mr. Benjamin West, Mr. Dennie, Mr. Royal Tyler, Mr. Jacobs, Mr. Samuel Hunt, Mr. J. W. Blake, Mr. Colman (who established, and for a long time edited, the "New York Evening Post"), and Mr. Olcolt. In the association with these gentlemen and those like them, Mr. Mason found an agreeable position, and cultivated tastes and habits of the highest character. About this period he made a journey to Virginia, on some business connected with land titles, where he had much intercourse with Major-Gen. Henry Lee ; and^ on his return, he saw President Washington, at Philadelphia, and was greatly struck by the urbanity and dignity of his manner. He heard Fisher Ames make his cele- brated speech upon the British treaty. All that the world has said with regard to the extraordinary effect produced by that speech, and its wonderful excellence, is fully confirmed by the opinion of Mr. Mason. He speaks of it as one of the liighest exhibitions of popular oratory that he had ever witnessed ; ])opular, not in any low sense, but popular as being addressed to a popular body, and high in all the qualities of sound reasoning and enlightened eloquence. Being inclined to exercise his abilities in a larger sphere, he removed from Walpole Appendix. 403 to Portsmoutli in 1797. He had at lliis lime made the acquaintance of Aaron Burr and Alexander Hamilton. The foiiner advised Mr. Mason to remove himself to New Vork. His own preference was for liostoii ; hut lie thought, Ihal, lllled as it then was hy distinguished professional ability, it was too crowded to allow him a place. That was a mistake. On the contrary, the Bar of this city, with the utmost liberality and generosity of feeling and sentiment, have alwa)'s been ready to receive, with open arms, every honorable acquisition to the dignity and usefulness of the pro- fession which it follows. Mi'. Mason, however, removed to Portsmouth in the autumn of 1797; and, as was to be expected, his practice soon became extensive. He was appointed Attorney-General in 1802. About that time, the late learned and lamented Chief Justice .Smith retired from his professional duties, to take his place as a Judge, and Mr. Mason became the acknowledged head of his profession. He resigned the office of Attorney-General, three or four years afterwards, to the great regret of the Court, the Bar, and the country. As a prosecuting officer, he was courteous, infle.x- ible, and just ; careful that the guilty should not escape, and that the honest should be protected. He was impartial, almost judicial, in the administration of his great office. He had no morbid eagerness for conviction ; and never permitted, as some- times occurs, an unworthy wrangling between the official power prosecuting, and the zeal of the other party defending. His official course produced exactly the ends it was designed to do. The honest felt safe ; but there was a trembling and fear in the evil disposed, that the transgressed law would be vindicated. Very much confined to his profession, he never sought office or political elevation. Yet he held decided opinions upon all political questions, and cultivated acquaint- ance with all the leading subjects of the day ; and no man was more keenly alive than he to whatever transpired at home or abroad, involving the great interests of the civilized world. His political principles, opinions, judgments, were framed upon those of the men of the times of Washington. From these, to the. last, he never swerved. The copy was well executed. His conversation on subjects of state was as instructive and in- teresting as upon professional topics. He had the same reach of thought, and ex- hibited the same comprehensive mind, and sagacity quick and far-seeing, with regard to political things and men, as he did in professional affairs. His influence was, therefore, hardly the less from the fact, that he was not actively engaged in political life. There was an additional weight given to his judgment, arising from his being a disinterested beholder only. The looker-on upon a contest can sometimes form a more independent and impartial opinion of its course and its results, than those who are actually engaged in it. But at length in June, 1813, he was persuaded to accept the post of a Senator of the United States, and took his seat that month. He was in Congress during the sessions of 1813 and 1814. Those were very exciting times, party spirit ran very high, and each jwrty put forward its most prominent and gifted men ; and both Ai'!'k: 404 ArrEM'i\. Appc7idix. houses were lilltd b)- the greatest intellects of the country. Mr. Mason found him- self by the side of Rufus King, Giles, Goldsborough. Gore, Barbour, Daggett, Hun- ter, and other distinguished public men. And among men of whatever party, and however much some of them differed from him in opinion or political principle, there was not one of them all but felt pleasure if he spoke, and respected his un- common ability and probity, and his ftiir and upright demeanor in his place and station. He took at once his appropriate position. Of his associates and admirers in the other house, there are some eminent persons now living who were occasional listeners to his speeches, and much struck with his ability ; together with Pickering, Benson, Pitkin, Stockton, Lowndes, Gaston, and Hopkinson, now all deceased, who used to flock to hear him, and always derived deep gratification and instruction from his talents, character, and power. He resigned in 18 17. His published speeches are not numerous. The reports of that day were far less complete than now, and comparatively few debates were pre- served and revised. It was a remarkable truth, that he always thought tar too lightly of himself and all his productions. I know that he was with difficulty per- suaded to prepare his speeches in Congress for publication ; and, in this memorial of himself which I have before me, he says, with every appearance and feeling of sincerity, that he " has never acted any important part in life, but has felt a deep interest in the conduct of others." His two main speeches were, first, one of great vigor, in the Senate, in February, 1814, on the Embargo, just before that policy was abandoned. The other was later, in December, 1815, shortly before the peace, on Mr. Giles's Conscription Bill, in which he discussed the subject of the enlistment of minors ; and the clause author- izing such enlistment was struck out upon his motion. He was afterwards for several years a member of the New Hamjishire Legislature, and assisted in revising the code of that State. He paid much attention to the sub- ject of the judicature, and performed his services fully to the satisfaction of the State ; and the result of his labors was warmly comniendtid. In 1824 he was again a can- didate for the Senate of the United States. The election was to be made by the concurrent vote of the two branches of the Legislature. In the popular branch he was chosen by a strong vote. The Senate, however, non-concurred ; by which means the election was lost — a loss to the country, not to him — by force of circumstances and agencies, not now or ever fit to be recalled or remembered. He continued to reside for many years in Portsmouth. His residence in that ancient town was a happy one. 'He was happy in his family and in the society of the town, surrounded by agreeable neighbors, respected by the Bar and the Court, and standing at the head of his profession. He had a great love of conversation. He took pleasure in hearing others talk, and gave an additional charm by the fresh- ness, agreeableness, and originality of his own observations. His warm hospitality left him never alone, and his usefulness was felt as much within the walls of the Appendix. homes, as of the tribunals, of Portsmouth. There are yet many in that town who love him and his ; many who remember, as children, the enthusiasm with wiiich he was greeted by their fathers and mothers ; and all in New Hampshire, old enough to remember him, will feel what we feel here, on this occasion. Led at last partly by the desire of e.xerting his abilities in a larger sphere of use- fulness, and partly by the fact of the residence here of beloved domestic connections, he came to this city, and entered upon the performance of his professional duties in 1832. Of the manner in which he discharged those duties, this Court is the most comp'etent judge. You, Mr. Chief Justice, and the venerable associate who usually occupies a place at your riglu, have been witnesses^of the whole. You know the fidelity with which he observed his duty to the Court, as well as his duty to his clients. In learning, assiduity, respect for the Bench, uprightness and integrity, he stood as an example to the Bar. You know the general probity and talent with which he per- formed for so many }'ears the duty of a Counsellor of this Court. I should hardly trust myself to make any_ analysis of Mr. Mason's mind. 1 may be a partial judge. But I may speak of what 1 myself admire and venerate. The characteristics of Mr. Mason's mind, as I think, were real greatness, stroigth, and sagacity. He was great through strong sense and sound judgment, great by compre- hensive views of things, great by high and elevated purposes. Perhaps sometimes he was too cautious and refined, and his distinctions became too minute ; but his discrimination arose from a force of intellect, and quick-seeing f;^r-reaching sagacity,- everywhere discerning his object, and pursuing it steadily. Whether it was popular or professional, he grasped a point, and held it with a strong hand. He was sarcastic sometimes, but not frequently ; not frothy or petulant, but cool and vitriolic. Unfor- tunate for him on whom his sarcasm fell ! His conversation was as remarkable as his efforts at the Bar. It was original, fresh, and suggestive ; never dull or indifferent. He never talked when he had nothing to say. He was particularly agreeable, edifying, and instructive to all about him ; and this was the charm of the social intercourse in which he was connected. As a professional man, Mr. Mason's great ability lay in the department of the Com- mon Law. In this part of jurisprudence, he was profoundly learned. He had drunk copiously from its deepest springs ; and he had studied, with diligence and success, the departures from the English Common Law, which had taken place in this coun- try, either necessarily, from ditference of condition, or positively, by force of our own Statutes. In his addresses, both to courts and juries, he affected to despise all elo- quence, and certainly disdained all ornament ; but his efforts, whether addressed to one tribunal or the other, were marked by a degree of clearness, directness, and force, not easy to be equaled. There were no Courts of Equity, as a separate and distinct jurisdiction, in the State of New Hampshire during his residence in that State. Yet the Equity Treatises and Equity Reports were all in his library, not " wisely ranged for show," but for constant and daily consultation ; because he saw AlTK.NDI.X. 4o6 Appendix. that the L a Law itself was growing every day more and more liberal j that Equity principles were constantly forcing themselves into its administration, and within its rules ; that the subjects of litigation in the Courts were constantly becom- ing, more and more, such as escaped from the technicalities and the trammels of the Common Law, and offered themselves for discussion and decision on the broader principles of general jurisprudence. Mr. Mason, like other accomplished lawyers, and more than most, admired the searching scrutiny and the high morality of a Court of Equity ; and felt the instruction and edification resulting from the perusal of the judgments of Lord Hardwicke, Lord Eldon, and Sir William (Irant, as well as of those of great names in our own country, not now among the living. Among his early associates in New Hampshire, there were many distinguished men. Of those now dead were Mr. West, -Mr. Gordon, Edward St. Loe Livermore, Peleg Sprague, William K. Atkinson, George Sullivan, Thomas W. Thompson, and Amos Kent ; the last of these having been always a particular personal friend. All of these "cntlemen in their day held high artd respectable stations, and were eminent as lawyers of probity and character. Another contemporary and friend of Mr. Mason was Mr. Timothy Bigelow, a law- yer of reputation, a man of probity and honor, attractive by his conversation, and highly agreeable in his social intercourse. Mr. Bigelow, we all know, was of this State, in which he filled high offices with great credit ; but, as a Counsellor and Ad- vocate, he was constant in his attendance on the New Hampshire courts. Having known Mr. Bigelow from my early youth, I have pleasure in recalling the mutual regard and friendship which I know to have subsisted between him and the subject 'of these remarks. I ought not to omit Mr. Wilson and Mr. Betton, in mentioning Mr. Mason's contemporaries at the Bar. They were near his own age, and both well known as lawyers and public men. Mr. Mason, while yet in New Hampshire, found himself engaged in causes in which that illustrious man, Samuel De.xter, also appeared. The late Mr. Justice Story was still more frequently at the Bar of that State ; and, at a period somewhat earlier, your great and distinguished predecessor, Chief Justice Parsons, occasionally presented himself before the Courts of Portsmouth or Exeter, and he is known to have entertained a very high regard, personal and professional, as well for Mr. Mason, as for the late Chief Justice Smith. Among those still living, with whom Mr. Mason was on terms of intimacy, and with whom he associated at the Bar, were Messrs. Plumer, Arthur Livermore, Samuel Bell, and Charles H. Atherton. If these respected men could be here lo-day, every one of them would unite with us in any tribute of love and veneration to his memory. But, sir, political eminence and professional fame fade away, and die with all things earthly. Nothing of character is really permanent but virtue and personal worth. These remain. Whatever of excellence is wrought into the soul itself be- Appendix. longs to both worlds. Real goodness does not attach itself merely to this life, it points to another world. Political or professional reputation cannot last forever ; but a conscience void of offense before God and man is an inheritance for eternity. Religion, therefore, is a necessary and indispensable element in any great liunian character. There is no living without it. Religion is the tie that connects man witii his Creator, and holds him to his throne. If that tie be all sundered, all broken, he floats away, a worthless atom in the universe ; its proper attractions all gone, its destiny thwarted, and its whole future nothing but darkness, desolation, and death. A man with no sense of religious duty, is he whom the Scriptures describe — in such terse but terrific manner — as "living without God in the world." Such a man is out of his proper being, out of the circle of all his duties, out of the circle of all his happiness, and away, far, far away, from the purposes of his creation. A mind like Mr. Mason's — active, thoughtful, penetrating, sedate — could not but meditate deeply on the condition of man below, and feel its responsibilities. He could not look on this wondrous frame, " This iiiiivers.ll liamc, tlius wondrous fair," without feeling that it was created and upheld by an intelligence to which all other intelligences must be responsible. I am bound to say, that in the course of my life I never met with an individual, in any profession or condition of life, who always spoke, and always thought, with such awful reverence of the power and presence of God. No irreverence, no lightness, even no too familiar allusion to God and his at- tributes, ever escaped his lips. The very notion of a Supreme Being was, with him, made up of awe and solemnity. It filled the whole of his great mind with the strong- est emotions. A man like him, with all his proper sentiments and sensibilities alive in him, must, in this state of existence, have something to believe and something to hope for ; or else, as life is advancing to its close, and parting, all is heart-sinking and oppression. Depend upon it, whatever may be the mind of an old man, old age is only really happy, when, on feeling the enjoyments of this world pass away, it begins to lay a stronger hold on those of another. Mr. Mason's religious sentiments and feelings were the crowning glories of his character. One, with the strongest motives to love and venerate him, and the best means of knowledge, says : — " So far as my memory extends, he always showed a deep conviction of the divine authority of the Holy Scriptures, of the institutions of Christianity, and of the impor- tance of personal religion. Soon after his residence in Boston, he entered the Com- munion of the Church, and has continued since reguiarlv to receive the Lord's Supper. From that time, he also habitually maintained domestic worship, morning and evening. The death of two of his sons produced a deep impression upon his mind, and directed it in an increased degree to religious subjects. "Though he was .always reserved in the expression of religious feeling, still it has 407 Al'I'KNDIX. 4o8' Appendix. ' ArrENDix. been very apparent for several years, that his thoughts dwelt much upon his practical reli<'ious duties, and especially upon preparation for another world. Within three or four years, he frequently led the conversation to such subjects ; and during the year past, immediate preparation for his departure has been obviously the constant sub- ject of his attention. His jexpressions in regard to it were deeply humble ; and, indeed, the very humble manner in which he always spoke of himself was most marked. " I have observed of late years, an increasing tenderness in his feelings and man- ner, and a desire to impress his family with the conviction that he would not remain long with them. His allusions of this kind have been repeated, even when appar- ently in his Usual health ; and they indicated the- current of his thoughts. "He retained his consciousness till within a few hours of his death, and made distinct replies to every question put to him. He was fully aware that his end was near ; and in answer to the question, ' Can you now rest with firm faith upon the merits of your divine Redeemer ? ' he said, ' I trust I do : upon what else can I rest ? ' " At another time, in reply to a similar question, he said, ' OJ course, I have no other ground of hope.' We did not often speak to him during those last few days, but had no doubt that he was entirely conscious of his state, knew that his family were all near, and that his mind was free from anxiety. He could not speak with ease, and we were unwilling to cause him the pain of exertion. His whole life, marked by uniform greatness, wisdom, and integrity ; his deep huinility, his profound reverence for the Divine Majesty, his habitual preparation for death, his humble trust in his Saviour, left nothing to be desired for the consolation of his family under this great loss. He was gradually prepared for his departure. His last years were passed in calm retirement; and he died as he wished to die, — with his faculties unim- paired, without great pain, his family around his bed, the precious promises of the Gospel before his mind, without lingering disease, and yet not suddenly called awtiy." Such, Mr. Chief Justice, was the life, and such the death, of Jeremiah Mason. For one I could pour out my heart like water, at the recollection of his virtues and his friendship, and in the feeling of his loss. I would embalm his memory in my best aflfections. His personal regard, so long continued to me, I esteem one of the great- est blessings of my life ; and I hope that it may be known hereafter, that, without intermission or coolness through many years, and until he descended to his grave, Mr. Mason and myself .were friends. Mr. Mason died in old age ; not by a violent stroke from the hand of death, not by a sudden rupture of the ties of nature, but by a gradual wearing out of his con- stitution. He enjoyed through life, indeed, remarkable health. He took competent exercise, loved the open air, and avoiding all extreme theories or practice controlled Appendix. his conduct and habits of life by the rules of prudeiice and moderation. His death was therefore not unlike that described by the Angel, admonishing Adam : — " I yieltl it just, said Adam, and submit. But is there yet no other way, besides These painful passages, how we m.iy come To death, and mi.\ with our connatural dust? "There is, said Michael, if thou well observe The rule of ' Not too much,' by temperance taught. In what thou eat'st and drink'st ; seeking from thence Due nourishment, not gluttonous delight ; Till many years over thy head return, So may St thou live ; till, like ripe fruit, thou drop Into thy mother's lap ; or be with ease Gathered, not harshly plucked ; for death mature. This is old atre." 409 After Mr. Webster had taken his seat, his Honor, Chief Justice Shaw, replied as follows : — Gentlemen of the Bar, — A few weeks have elapsed since our hearts were first saddened by the announcement of the lamented event to which the resolutions now offered refer. But such were the character, the life, and services of Mr. Mason ; so large was the space filled by him in the estimation of the public ; so strong was his hold- upon the veneration, respect, and affection of all those who had known him, and been associated with him in public, professional, and social life, that his decease was not an event to awaken merely strong temporary feeling of grief and sadness, and then pass away and be forgotten. It is an event fitted to produce a deep and abid- ing impression upon the memory of the community which he has long and effectually served, the chosen profession which he has honored and adorned, and upon the minds and hearts of the associates and friends whom he has instructed by his wis- dom, and endeared to him by his kindness. It is therefore with the highest satisfaction, and with feelings of respect and affec- tion entirely in accordance with those of the Bar, in which I am confident that my associates, the other members of this Court, will cordially participate, that I receive these resolutions ; and I shall cheerfully comply with the wish of the Bar by order- ing them to be enrolled with the recorded proceedings of this Court, in order that they may stand as a permanent memorial to future times, of the high sense enter- tained, as well by this Court as by the Bar, of the public character and services of Mr. Mason. 52 Appendix. Appendix. I His emineiu .um lu.irked professional character entitle him Uj a l.ij^h rank in the estimation of those who are conversant with the administration of justice, and who I duly appreciate the value and importance of enlightened jurisprudence, to the safety I and peace of a free people. The prominent characteristics of his mind were strength, energ)', and a far-reaching sagacity. To extraordinary powers of mind, and a keen natural sagacity, and power of discrimination, he brought the aid of copious learning, the fruits of patient and well-directed study. But with such eminent natural and ac- quired powers, Mr. Mason was not in the habit of giving hasty opinions, or of coming unprepared to the discufsion of important questions. When cases of controverted rights were presented to him, he was accustomed to examine them with the most patient and persevering investigation, and subject them to a rigid analysis, by which he was enabled to follow the intricacies of the most complicated cases, and to pre sent their true bearings and merits to a court or jury with admirable clearness and perspicuit)'. Mr. Mason seemed to regard the contested rights of his employers, drawn into litigation, as a sacred trust committed to his charge, which he was con- scientiously bound to protect by all lawful and honorable means ; and he regarded nothing done, by w.iy of preparation, so long as anything remained undone which patient research could accomplish. In this respect, the character of Mr. Mason may be recommended as an example to all those young men who take upon themselves the responsibilities, and aspire to the honors, of the legal profession. It is true that every one cannot feel assured of the eminent natural gifts which characterized Mr. Mason's mind ; but all can imitate the patient study, the industri- ous investigation, the unshaken integrity, and conscientious fidelity which promi- nently marked the career of this eminent Jurist. The death of such a man though at an advanced age, and though a bereavement, in the order of a wise, kind Providence, to which we would submissively bo.w, is an event not to be chronicled and soon forgotten. His example and character remain : let us all look to it as an incentive to a more faithful performance of duty, to indus- try, to perseverance, and to all honorable effort. He has passed from our sight ; but his public life and character belong to his age and to posterity. It is therefore the part of wisdom, as well as a most grateful duty, to cherish his memory, to dwell on the excellences of his character, and to deepen and perpetuate the influence of an eminent lawyer, and of a great and good man. In the Circuit Court of the United States, on Tuesday, October 17, Robert Ran- toul, Jun., Esq., the United States Attorney for the Massachusetts District, presented the Rcbolutions adopted by the Bar practicing in that Court, and introduced them by the following remarks : — Appendix. May it please your Honors, — The duty devolves upon me of announcing to this Court the decease of one of its oldest and ablest counsellors. The Hon. Jeremiah Mason, whose death occurred on Saturday last, has gone down to the grave, full of honors, and after a long life of arduous professional duty. That a man who has filled so large a space in the estimation of his fellow-citizens shouUl receive from his associates in our profession the due meed of respect, I have been requested by the members of the Bar of the Court for the First Circuit to submit the Resolutions which I hold in my hand, which, with the leave of the Court, I will read, and move that they be entered on the records ; after which I shall move that this Court do adjourn. Judge Woodbury responded to Mr. Rantoul's address as follows : — Gentlemen of the Bar, — This Court has received your Resolutions on the lamented death of Mr. Mason with the sensibility due to his great worth. His standing as a lawyer so very high, and his powers as an advocate so remarkable, were known widely ; but none could fully appreciate the extent of his reading, his accuracy in details, the acuteness as well as vigor of his intellect, and his unsparing logic, without something ol that long intimacy with him in the practice of his profes- sion which I formerly had the happiness to enjoy. Well may the members of that profession respect his memory, when it is but a just tribute to his rare talents to say that, in my opinion, in a profound knowledge of several branches of jurisprudence, and in some of the most choice qualities of a forensic speaker, he had in his palmy days, not merely in this State or New Enaglnd, but in this whole country, few equals, and probably no superior. Your Resolutions, gentlemen, shall be recorded ; and this Court, out of regard to the distinguished merit of Mr. Mason and his long practice before it in this Circuit, will now adjourn. NEW HAMPSHIRE.. At a meeting of the Rockingham Bar, holden in the Court House at Portsmouth, October 19, John Porter, Esq., the President, having taken the Chair, the members present were addressed by Charles W. Cutter, Esq., who, in a few brief and in- teresting remarks, alluded to the great number of eminent lawyers that had in times past made the Rockingham Bar distinguished throughout the country, and referred to the recent decease in Boston of the Hon. Jeremiah Mason, so long the most emi- nent practitioner at this Bar, and probably at the time of his decease the greatest master of the Common Law on this continent. 411 AppENnix. 412 ArPFSniv Appendix. Mr. Cutter concluded by offering the following Resolutions, which, on motion f J. \\. Emen', Esq., seconded by D. M. Christie, Esq., were unanimously •cd: — Risolved, That the recent sudden decease of the Hon. Jeremiah Mason, formerly and for nearly forty years a member of this Bar, of which he was its distinguished leader, pride, and ornament, demands some appropriate notice. Resolved, That the high respect and admiration universally entertained for Mr. Mason by his professional brethren, arose not only from his great intellectual superi- ority, his profound knowledge of the principles of the Common Law, and his unriv- aled skill and sagacity as an advocate and jurist, but also from the most implicit and unhesitating reliance upon his high principles, his sense of honor, and liis elevated standard of personal and professional obligations. Resolved, That we deeply sympathize with the members of Mr. Mason's family in the sudden and irreparable loss which they have sustained. Resolved, That the Hon. John Porter be requested to present these resolutions to the Hon. Court now in session ; that Hon. Ichabod Bartlett be requested to present the same to the Superior Court at its next session in this judicial district, and also to communicate the same to Mrs. Mason, with an expression of the most respectful and affectionate sympathy of the members of this body. At the opening of the Court of Common Pleas in Portsmouth, on the 21st of Oc- tober, the Hon. John Porter rose, and addressed the Court as follows : — May it please your Honors, — The Bar of this county, having received tidings of the recent death of the Hon. Jeremiah Mason at Boston, have made it my duty to announce that melancholy event to the Court. The demise of such a man as Mr. Mason cannot fail to e.xcite the deepest feelings of mournful regret in the .minds of those so long and so agreeably associated with him in professional life, as this Bar has heretofore been. It is true, that Mr. Mason, for a number of years prior to his decease, resided in a neighboring State, and h.id discontinued the pr.ictice of his profession among us ; but the largest and best portion of his valuable life was spent in this State and here ,in this immediate neighborhood, where this Court is now in session. It was here, at this Bar, that his young mind gave promise of that commanding eminence of charac- ter, to which he afterwards attained; and it was here that he exhibited the full measure of his intellectual powers and endowments in meridian life. It was here that he built up for himself a reputation for learning, for integrity, and for consum- Appendix. 413 mate skill'and address in the management of causes, that few, very few, if any, may hope to excel. Under sucii circumstances, the members of this ]5ar cannot but sen- sibly feel his loss, and desire to offer some tribute of respect to his memory. Mr. Mason was not only great in his profession, but he had much and varied learning of a more general and diffusive character. The circle of his reading was extensive, and his memory was capacious and retentive. Hence he became pos- sessed of an ample store of general information entitling him to a high rank as a sound and thorough scholar. At times he held important official stations, both in the State and general govern- ment, the duties of which he discharged witii singular fidelity and ability. And when in private life, such was the general confidence in the extent and accuracy of his information, and the soundness of his judgments, relative to passing events, that- his advice and opinions exerted a decided influence, in guiding and controlling the opinions and conduct of others. He was a very instructive and entertaining companion. He knew how to be amusing and pla\ful, as well as serious and grave. His conversation was full of anecdote and remark, drawn from his extensive observation and reading, both in regard to men and affiiirs. He had a fast hold upon the confidence of the people immediately surrounding him, as neighbors and acquaintance ; and he was, especially, strong and secure in the affections and esteem of those who enjoyed his more intimate friendship ; and his memory, by ail such, will be ever cherished and respected. Sundry Resolutions have been adopted, at a meeting of this Bar, in reference to the death of Mr. Mason, expressive of their high estimation of his character, and their deep feelings of sorrow for his loss. These resolutions, it now only remains for me, in behalf of the Bar, to present to the Court. The Resolutions were then read. The Hon. Samuel D. Bell, the presiding Justice, said : — ■ The Court sensibly feel the great loss sustained by the profession and the com- munit};, by the death of the Hon. Mr. Mason. They entirely concur in the sentiments expressed in the resolutions of the gentle- men of the Bar of this county, now communicated to them. They unite in the wish to place upon the records of the Court some proper testi- monial of the high esteein and respect entertained by them in common with the whole community, for the deceased, as a man and a scholar, as a distinguished legis- lator, and as a lawyer whose eminent learning and almost unrivaled ability have conferred distinction upon the Bar of the State. It is therefore ordered, that the Resolutions of the Bar be entered upon the rec- ords of the Court. Appendix. 4^4 Appendix. Appendix. At a meeting of the members of the Merrimack County Bar, held at the Court Room in Concord, New Hampshire, the 21st day of October, — on motion of Ira Periey, Esq., Gen. Franklin Pierce was chosen Chairman, and John H. George Secretary. Mr. Periey announced the recent death of the Hon. Jeremiali Mason, of Boston, and stated the object of the meeting to be an expression of its appreciation of the distinguished character of the deceased, of his eminent abilities and vast acquire- ments, and of the great and salutary influence he exerted during the long period of his practice in this State. Voted, That Hon. Moses Norris, Ira Periey, Esq., and Gen. Charles H. Peaslee be a Committee to draft and report Resolutions expressive of the sense of the Bar upon this occasion. Mr. Norris, from the above Committee, reported the following Resolutions : — Resolved, That the long connection of the Hon. Jeremiah Mason with the Bar of this State, his salutary and controlling influence as its most distinguished member, his vast learning and preeminent abilities, forbid that we should allow the occasion of our present session to pass without some tribute to his memory. Resolved, That the announcement of his death has been received by this Bar with profound sensibility; and that the profession in the State in which he passed the dawn and meridian of his professional life, will, in their convictions of the great loss which New England has sustained, respond fully to the sentiments and opinions of their brethren in that State where his sun went down. Voted, That these Resolutions be adopted ; and that the Chairman present the same to the Court, with the request that they be entered upon the records. The Chairman presented the Resolutions to the Court with appropriate remarks upon the striking characteristics of Mr. Mason, which, in his opinion, rendered him perhaps the most remarkable man, and the most learned jurist the country has ever produced. The Court, having appropriately responded to the feelings and sentiments ex- pressed by the Bar, ordered the Resolutions to be entered upon the records. Appendix. 415 B. TRIBUTES TO MR. MASON BY MR. CHOATE AND MR. HOAR. ArrKNDix. EXTRACT FROM MISS MASON'S DIARY. " SimJay, Oct. 29, 1848. — Mr. Choate was here this evening, talking all the time of father. What reverence and admiration were felt for that man with whom I have been living all my life, and how little I have improved such an advantage ! He was so modest and unostentatious that, although I always felt he was wiser than most men, I do not think I was aware of the great estimation in which he was held, and of late years his tenderness has been so overflowing towards his family that 1 have lived upon his love and affection, and forgotten his greatness. '■^Monday, Feb. i, 1849. — We have had great pleasure in a visit from Mr. Hoar this evening. Mr. H. was a friend of my dear father's, and spoke of him with a reverence and admiration which went to our hearts, coming from such an earnest and honest spirit. He said that his visits to father had been a source of the truest intellectual enjoyment and improvement, that Judge Marshall considered him the greatest master of the common law in the country, and that this was the universal opinion among lawyers." REMINISCENCES OF MR. MASON BY FRANCIS BASSETT, ESO. From an article which appeared in the " New England Historical and Genealogical Register " fur October, 1871. In the year 1830, the year before I was appointed Clerk of the U. S. Circuit and District Courts, I made an assignment for one of my clients in Boston, of a considera- ble amount of property in real estate, and a factory in Charlestown. on Connecticut River, in New Hampshire, out of which assignment grew a lawsuit of importance, which was the last that I was ever engaged in as counsel, and in which my client was successful. I mention this fact, because it is connected with my fiist acquaintance 4i6 Appendix. Appendix. ' with Jeremiah Mason, whom I employed to act witli me as senior counsel. In walk- I ing home in the early part of llie evening with Mr. \Vebster. from a dinner party in Boston, I stated to liim that I was about to have a pretty important lawsuit to man- age in New Hampshire, and I had concluded to engage Mr. Mason to act with me as senior counsel. He instantly answered, " I am glad to hear it ; and I will give you a letter to him, who is one of the cleverest fellows you ever met. You will like him." And he paid me the compliment of saying, "he will like you." He then, in his graphic way, described to me his particular friend, Mr. Mason. He said he had spent some years in the vigor of manhood in Portsmouth, N. H., where he had Mr. Mason as his opponent in most of the important cases which he argued in that State. He said that since he left Portsmouth and removed to Boston, he had been engaged in cases at Washington, where he had for his antagonists, he believed, most of the ablest counsel in the United States, and that he did not know how much allowance he ought to make for early associations, but he could say, that there was no lawyer in the United States that he should fear so much to come in contact with as opposing counsel, as Mr. Mason. This anecdote shows the high opinion Web- ster had of Mason's ability as a lawyer, and their long continued friendship show^s the esteem and veneration in which he hc-lci him as a man. The commencement of my acquaintance with Jeremiah Mason I have already stated. It continued with intimacy from the time he removed from Portsmouth to Boston, until his death. We used frequently to have conversation upon important sub- jects, and his acute and capacious mind enabled him to be interesting and instruc- tive. He once remarked that he considered Franklin and Hamilton, though quite different, the two greatest minds of this nation, but he was unable to decide which in his opinion was the greatest. He said that Hamilton, in his reports as Secretary of the Treasury, had presented all the arguments that could be urged in favor of the constitutionality and expediency of a national bank and tariff, and but little had been added, in all the subsequent discussions, upon these subjects. He once remarked to me that Chancellor Kent and Judge Story were the only members of the legal profession in this country, thoroughly learned in equity juris- prudence. The following anecdote of Mr. Mason, furnished also by Mr. Bassett, has not be- fore appeared in print: — Mr. Mason told me that once during Jefferson's administration he had occasion to go to Virginia upon business, and he took a letter of introduction from Pier- pont Edwards, who was an acquaintance of Jefferson and of some distinction as one of his political associates. When he visited Monticello he inet the President standing at the door waiting for his horse to be brought for him to take his accus- tomed ride. He handed him his letter, and after Jefterson had read it, he received him very cordially and requested him to walk into the parlor and be seated, where Appendix. he stayed about an hour and had a very interesting conversation with the President. The purchase of Louisiana was the important subject which excited the attention of the two great political parties of the nation at that time. Mr. Jefferson .soon began to express his views upon the question of annexation and how ihe interests of tlie nation would be promoted by effecting it. Mason was a rigid Federalist and opposed to the administration and to the measure about to he adopted. After hearing the reasons stated by Jefferson in favor of purchasing and making Louisiana a part of the Unitetl States, stated in his ingenious and captivating manner, he confessed that his zeal in opposition was quite moderated. This elaborate and eloquent disclosure of his views, Mason attributed to the fact that Jefferson had been informed by Ed- wards that he was a lawyer of some reputation in New Hampshire, and that by his stating the reasons urged by the President in favor of the purchase, it would be likely to have a favorable effect in the New England States, where he had to en- counter tlie greatest opposition. This interview, Mason said, afforded him evidence of the ability of Jefferson to meet opposition by his extensive knowledge and persua- sive eloquence, which he considered the principal cause of his success as a political ruler. D. ANECDOTE OF MR. MASON WHEN TRAVELLING ON SUNDAY IN CONNECTICUT. CO.MMUNICATED BY HIS D.\UGHTI£R, MRS. ELLISON. " I WAS retw'ning home from college one vacation, and having been overtaken by a severe rain storm, Saturday evening, stopped at a tavern some dozen miles from my home, and Sunday morning, it being fine weather, I mounted my horse, which was a powerful one, lent or given me by my grandfather, and jogged on through a sandy rcfad with pine forests on each side. I had just passed a small meeting-house, and it was near meeting time, when I was accosted by a quiet-looking little man on a small nag, who said, ' Are you travelling on the Lord's day ? ' I told him my reason and that I was only on my way to my home, having been prevented by the storm the previous evening. He told me he was a justice of the peace, and that his duty was to stop me and see that I went to meeting all day, and after sunset I 417 Al'I'KNDIX. Appendix. might proceed on my journey. After some discussion, in which I told him I could not and would not stay, he still said his duty was to stop me. ' How will you do it ? ' At this he drew his horse across the road and left no room for me to pass. With that 1 wheeled my horse about and rode back some paces and then faced him. He said. 'What do you mean to do?' 'To come on,' meaning to take a flying leap. Whh this view of the case, my friend asked for a parley, and after some more dis- cussion finding me still decided, he ended by s.iying, ' If you can promise me to go to meeting this afternoon, and can also solemnly say you think it is your t/u/y to go on, I will allow you to pass.' Telling him I never doubted for a moment it was a duty, 1 proceeded on my journey." DEDICATION TO MR. MASON BY JUDGE STORY OF HIS COMMENTARY ON EQUITY I'LEADIXr,. TO TIIK HONORABLE JEREMIAH MASON, LL. IX Sir, — I esteem it a great privilege to have the opportunity of dedicating this work to you. Few circumstances in my life could be more grateful, than those which enable me to inscribe on the pages, which contain my own juridical labors, the memorials of my private friendships, as well as the avowals of my reverence for the great, the good, and the wise. .Your own enviable distinction, so long held in the first rank of the profession, and supported by an ability and depth and variety of learning, which have had few equals, and to which no one can bear a more prompt and willing testimony than myself, would alone entitle you to a far higher tribute, than any 1 can bestow. I well know that I speak but the common voice of the profession on this subject ; for they have well understood the vigor and the weight of that lucid argu- mentation, which has spoken in language for the cause, and not merely for its orna- ment: Neque id ipsum, tarn lepotis causd, quani ponderis. But 1 confess myself more an.\ious to be allowed to consider this dedication, as a tribute to your e-xalted private worth, spotless integrity, and inflexible public principles, as well as a free expression of my own gratitude for your uniform friendship ; .... a friendship which commenced with my first entrance among the bar, in which you were then the acknowledged leader (a period, when the value of such unexpected kindness could not but be deeply felt, and fully appreciated), and which has continued, undiminished. Appendix. 419 up to the present hour. Such reminiscences are to me more precious than any earthly honors. They f;ide not with the breath of popular applause ; and they cheer tliose hours, which, as age approaches, are naturally devoted to reflections upon the past, for instruction, as well as for consolation. I am, with the highest respect, your obliged friend, Joseph Stoky. Camhridge, Jaiuuny i, 1S3S. LETTERS TO MEMBERS OF MR MASON'S FAMILY AFTER HIS DEATH. GEORGE TICKNOR TO MRS. MASON. Manchester, October 20, 184S. My de.^r Mrs. Mason, — Mrs. Ticknor goes to Boston to-morrow, in the hope of seeing you, and oftcring you our very sincere sympathy in your sorrow and in that of your house. She will do it more tenderly than I coidd ; but still I must ask to say a few words for myself. I have known Mr. Mason, during nearly the half of his long life, and during the whole of the active period of my own ; but in all that time I have known no man, however distinguished, who felt himself too wise to seek his counsel, or too e.xperienced in the ways of the world to profit by his experience. He was trusted, I think, by the greatest and best among us, more than any other man in New England ; and he deserved the confidence he enjoyed, by his e.xtraordinary and peculiar intellectual power ; by his admirable wisdom ; and by his severe and faithful integrity. All men knew they could depend upon him. But who knew it, like tho.se who depended upon his affections? My dear Mrs. Mason, I have little right to allude even to your loss. But you will I know allow me to express my sym- pathy in it, and my grief at what I have lost myself ; grateful that I have known such a man so long, and that God has taken him from us so gently, so kindly. With affectionate regards to all your family, believe me, dear Mrs. Mason, very faithfully your friend, George Ticknor. Mks. J. Mason, Tremont Street. ArrENDi.x. 420 Appe7idix. Appendix. PROFESSOR A. S. PACKARD TO MRS. MASON. Brunswick, Kavcmber ■},, 1848. My DE.AR Mrs. Mason, — . ... It seems but a few days since I saw you all in usual health and happiness. Mr. Mason was cheerful and cordial the morning I saw him last. I thought he appeared more oppressed by bodily infirmity when I saw him in the spring, and for the first time I then thought of him as an old man ; but I saw nothing then or in September, which led me to imagine that I might not often meet him again. It is surely a consolation to the family, that he was spared, what he seemed to dread, wasting and painful disease, and all the discomforts of an imbecile and helpless old age ; that he enjoyed almost to the very last, full possession of his remarkable powers, and when summoned was permitted to sink quietly to rest, free from pain or distress. I have been much interested in the testimonials which have been bestowed so cordially and so justly to his preeminent merits both in public and private life. Such distinguished notices, while they may aggravate the sense of bereavement, yet must be highly gratifying to you all. As for myself, I have always found it difficult to express my own impressions of his great intellectual resources, and have ever esteemed it among the highest and most distinguished privileges of my life, that I have been permitted to listen to hi^ conversation and enjoy its quick- ening influence on my own mind CHARLES SU.MXER TO MRS. MASON. Court Street, A'member 14, 1S48. Mv UKAR Mrs. Masox, — I have just returned from listening to Mr. AVebster's touching tribute to your late husband. As his words sank into my soul, I felt anew the irreparable loss we have all sustained, — his family, his friends, and his country. I was absent from home, when I heard of his death, and it was a source of deep regret, mingling with my deeper grief for his departure, that I could not join in the last tribute of religion and affection to his remains. I have longed to assure you of my sympathy. I have sat often in pleasant con- verse with him at your fireside, and think of those hours with gratitude and delight. They rise to my memory now, filling the period which has passed from my youth upwards, among those happy recollections which I shall bear with me to my grave. Let me, then, tell you how sincerely I mourn with you, how much I rejoice also, in the satisfaction of a well-spent life, and in his present peace. To die so full of years, and after so much honorable service, may well fill us at once with emotions of grief and thanksgiving. Of grief for what we lose, but of thanksgiving for all that we have had. Appendix. I trust soon to have the pleasure of calling upon you and sitting again at the same fireside, where I have so often listened to him, whose face 1 shall see no more on earth. Believe me, my dear Mrs. Mason, Affectionately yours, Charles Sumner. W. PLUMER, JR., TO MRS. MA.SON. . EpriNG, March 20, 1 849. De,\r Mad.^m, — . . . . Mr. Mason was one of the few very great men with whom it has been my good fortune to be acquainted. For, though for the last thirt)' years, I have had more or less intercourse with many called great, I have not been in the habit of putting more than a very few of them into the first rank of greatness. Mr. Mason was, in many respects, entitled to take his stand in the first rank. If he had earlier removed to Boston, and extended his practice to the Supreme Court at Washington, he would have built up for himself a national reputation as indisputably the first lawyer of the Union. As it is, his reputation is scarcely less extensive. My father's' object in offering him, many years since, a seat on the Bench, was, that he migiit thus be enabled to do the State the inestimable service of laying broad and deep the foundations of her jurisprudence, in a series of decisions, which would, at the same time, have done lasting honor to their author. It was a source of much regret to him, that circumstances deemed by him imperious, prevented his accepting that appointment. When 'I revert to the many acts of kindness and attention which I have e.xperienced from Mr. Mason and his family, for more than thirty years past, I feel how great is their loss and how much I am their debtor. Now that he is gone, I feel more sensibly than ever, regret for the opportunities I have neglected, of more frequent and profitable intercourse with so remarkable a man ; and especially that I have not recorded some of the many things worthy of note, with which he favored me in my different interviews with him Your obliged and obedient servant, W. Plumer, Jr. EDWARD EVERETT TO MRS. MASON. Cambridge, March 24, 1849. De.\r Mad.'im, — I had the honor to receive a day or two ago, a copy of the proceedings in Massachusetts and New Hampshire, on occasion of the decease of your late honored and lamented husband. I am greatly indebted to you for doing me the favor of sending me this interesting and valuable pamphlet. The tributes which it contains to the memory of Mr. Mason, by some of those most competent to ■ Mr. Plumer's father was Governor of New Hampshire. 421 Appk.ndix. 422 Appendix. Appendix. pronounce his eulogy, appear to me in no degree extravagant. They utter what all who knew him felt, though few could express it so well. My acquaintance with Mr. Mason, never I am grieved to say an intimate one, commenced at an early period of my life; as long ago as 1814. He showed to me, an unknown youth on a hasty visit to Washington, the most marked and flattering attentions, which awakened in me a feeling of personal regard — independent of the respect, which every one felt for his talents and dignified character and manner. l-"roni that time forward, though not frequently enjoying the privilege of his personal intercourse, I never met him without receiving from him some word of kindness, which kept fresh and strong the feeling of attachment which I had formed for him from the commencement of our acquaintance. On one occasion he used an expression of commendation of a pub- lic performance of mine which he had heard, so different from the common language of compliment, that it sunk into my heart. It would be presumptuous in me, dear madam, to intrude further upon you. I have wished only to add the offering of my individual feelings, to the general senti- ment of the community, which has reached you from every quarter, and which forms one of the chief sources of consolation, by which the loss of the great and good is made up to bereaved survivors. That you, dear madam, and your family may have the enjoyment of higher sources of consolation, than any which human sympathy or praise can furnish, is the respect- ful wish of Your faithful, obedient servant, Edw.vrd Everett. WILLIAM K. LAWKENXE TO R. M. .MASOX. Boston, May 27, 187 1. Dear Robert, — You asked me some weeks since to furnish some reininiscences of your honored father. It is more than twenty years since he died, so that many things which he said have faded from my memory, and it is a subject of regret that I did not make a record at the time, of what might now be regarded with interest. My recollection of him goes far back, when you and I were pupils at the Lyceum in Gardiner, Maine, in the year 1827. Three days were required to get to Gardiner by the old Eastern line of coaches, and the first night I usually passed at your father's house in Portsmouth. I there saw him for the first time, and though somewhat awed by his presence, soon was made to feel at ease by his kindly nature and friend- liness of manner. I became much more acquainted with liim in 1832, after he had taken up his permanent residence in Boston. He lived only four doors from us on Tremont Street, as you well remember, and the various members of our families were on terms of the greatest intimacy, visiting each other often several times a day. You know that my father ' was very strenuous in his efforts to induce your Auher to ■ The late .-Vmos Lawrence. Appendix. remove from Portsmouth to Boston, and it was mainly tliroiigh his efforts that the fact was accomplislied. 1 have reason to beUeve that tlie step taken was never regretted, but was the means of adding much to the happiness of ail concerned. I was abroad at school at the time of the removal, and tiie prospect of such an event was a constant theme of my fiither's letters. On March 21st, 1832, he writes: " In about a week or ten days, we shall have two of the cousins from Portsmouth to see to putting their house in order, for the family to remove, and in about three weeks I hope they will be quietly settled down by our side in their own house. I contemplate their residence here with great sat- isfaction. It will be a source of never failing profit to you to talk to your uncle and to hear him talk." On March 28th, he writes : " Mr. Mason's family will all be here, I think, within twenty days, and it would seem that so far as external circumstances are concerned, my family will have the means of happiness in a higher degree than almost any other in the land." On April 21st, he says: "Mr. Mason's family are quietly settled in their new home, and the comfort of having them so settled I am satisfied will equal all my an- ticipations. Some of the members of each family are in and out a number of times every day, and your uncle M. comes in frequently and gives me a good sitting, which always leaves me something to reflect upon after he has gone. He has a great mind and has arrived at that period of life when it is agreeable to him to find good listeners, as well as good talkers. The last seven days would have been long days to me, had they not been here. You must be careful and give him e.vact informa- "tion when you return, otherwise he will not value it. His liabit is to gather knowl- edge from all sources, and he never forgets what he has once heard. If you can learn anything tliat will be new to him, I shall be glad." You, no doubt, can appreciate the force of the last passages, as you recollect your father's habit of what might be truly called pumping information. Often when I was enjoying myself with the younger members of the family, no stranger being present, he would draw a chair by the side of his own at the end of the fireplace, and would say with a beckoning gesture, "Come here, W , and sit by me." I would accordingly take the chair, and prepare myself for the questioning I knew would follow. You will remember his position and posture on such occasions. He always imparted more than he gained, and his conversation was of a most agreeable kind, only he would often ask questions about which it was embarrassing to confess igno- rance, and to which one could hardly help attempting a reply. He would sometimes cross-exainine me on some point, and when he got me into a corner, was always kindly and considerate, and took no unfair advantage of my ignorance. Persons who met him in the routine of business-life, could not appreciate the genial traits which he manifested in the daily intercourse of his own household. His conversa- tion was entertaining as well as instructive, and his store of information best on 423 AlM'KNDIX. 424 Appendix. Appendix. most topics which interested him. Ii is now a subject of real regret that I did not make some memoranda of the many interesting conversations to which I listened for so many years. I shall always retain pleasant associations with his memory, and shall esteem it a great privilege to have enjoyed such free and unrestrained intercourse with so remarkable a man. Affectionately your cousin, Wm. R. Lawrence. R. M. Maso.n, lisq. REV. J. II. MORISON TO R. M. .M.\SON. Milton, A'ovember 29, 1872. My dear Sir, — My first knowledge of your father was gained in the court house at E.veter, in the autumn of 1824. For several years while 1 lived in E.xeter, most of the time a student in the academy, it was a great privilege to hear the arguments of prominent members of the Bar in important cases. Young as I was, it did not take me long to find out that Mr. Mason was by far the ablest man there. Mr. George Sullivan, the attorney-general, w.as i. graceful, accomplished, and persuasive speaker, with a clear, melodious voice. Mr. Ichabod Bartlett was a man of remarkable adroitness in the management of a case, as quick as a flash of lightning in the movements of his mind, whether to inflict or parry a blow. At first it might seem as if he were the keenest and most brilliant advocate of them all. But before getting through the case in which he and Mr. Mason were engaged on opposite sides, it was plain enough that he was obliged to put out all his strength to sustain himself against an opponent who was hardly exerting himself at all. Mr. Mason seemed always like a man who felt himself master of the situation. He seemed like one who had taken in every possible hazard and complication of the case so as to be prepared for it. While his oppo- nents grew excited and angry, he without emotion and apparently without exertion would give out his short, sharp sentences which cut through all their logic and left them often helpless. The merciless way in which he dissected an argument, sepa- rating all the cords by which its parts were bound together, was equaled only by the coolness and keenness of the questions by which he subdued a prevaricating witness. Sometimes he would seize upon the single strong point in a case, and by sheer force of repetition brush away the apparent sophistries of his opponents, till we could hardly imagine why such foolish arguments could have been seriously brought forward. I remember a case in which an attempt was made to break a will by prov- ing mental incompetency on the part of the testator. The testimony, if I remember right, was very strong and not easily to be got rid of But Mr. Mason's one point was that the testator "had mind enough to know who he loved." Clause after clause of the opposing argument was examined. Evidence from different witnesses Appendix. 425 was reviewed and dissected ; but all in reference to this one point, which remained in spite of all that could be i)roved to the contrary. Whatever might be said in regard to the strength or clearness of the testator's mental facidties in other respects, " ho had mind enough to know who he loved." The whole argument rested on that. The jury could hardly retain anything else in their minds. The weight of reason and of evidence was nothing so long as it left that point untouched. The verdict, of course, was for his client. On one occasion, before Judge Story of the Ignited States Circuit Court, a dis- tinguished lawyer from Massachusetts was of the counsel opposed to Mr. Mason. He spoke fluentiv and gracefully, in a manner fitted to make a pleasant impression on the minds of the jury and to enlist their sympathies on his side. He concluded by referring to the straitened circumstances of his client, " tliough," said he, " I know that these considerations ought to have no weight with you, and I trust entirely to the justice of our cause." Mr. Mason, in rising, said, with a strange mixture of humor and severity in his manner, "I agree entirely with the remark of the gentle- man, that the circumstances of his client should have no influence on your decision, and I should have assented to it quite as willingly if he had said nothing about it." He then went on with his argument, and, laying open the whole merits of the case, with wonderful clearness and force, seemed to leave nothing for the other side to stand upon. Indeed, the opposing counsel seemed utterly powerless. Twenty years afterwards I became acquainted with the Massachusetts lawyer, and on referring to this case, I found that his recollections of it coincided entirely with my own. Boy as I was when I heard Mr. Mason at the bar, I was very much impressed not only by the general strength of his reasoning, but by his extraordinary subtlety and ingenuity of mind. The last time that I heard him — it was before Judge Story, in a purely legal argument in March, 1834, I think, — he must have shown these charac- teristics very decidedly ; for Mr. Webster began his reply by saying : " May it please your Honor, there are some hairs so exceedingly fine that even the gentleman himself cannot split them." These recollections of Mr. Mason can have no value except as showing the im- pression made by him upon a boy who had at the time few keener enjoyments than in witnessing the sharp and powerful encounter of legal minds at the bar. A few years ago Mr. James Rowe, of Bangor, Maine, told me an incident which he thought showed the most extraordinary readiness and presence of mind that he had ever known of It was told him by Mr. Ichabod Bartlett. The incident occurred during the trial of a case in which the most important evidence against Mr. Mason's client was given in an affidavit by an old political and personal friend of his. As Mr. Mason was beginning to comment on this evidence with a good deal of severity, Mr. Bartlett, partly from mischief and partly to soften the force of the strictures, said to Mr. M., "There is a report that he [the witness] is dead." Mr. Mason was evi- dently very deeply moved and stood silent for a moment, when Mr. Bartlett, fearing 54 Ari'ENnix. Appendix. that he had carried the joke too far, a . ... i ... . c reason to suppose that it is a mistake." Instantly Mr. Mason, with very strong emotion, exclaimed : " Thank God for that ! Thank God for that ! The man who gave that aflidavit ought to have time for repentance." I first met Mr. Mason at Judge Smith's house in Exeter, but he of course would not remember me. In May or June, 1838 or 1839, I met him with his wife and one of his daughters at Stockbridge. The cars arrived there during a violent shower. There were no carriages at the place, except one which had come to take me and my party to Lenox. I recognized Mr. Mason and offered him my carriage to take him and his family to the hotel, which offer he very graciously accepted. The next day, on entering tl»e stage-coach at Lee, I found myself silting opposite to him, he and his friends recognizing me as one whom they had met the day before. A brisk conver- sation was soon begun and continued through the greater part of the day, going over a great variety of topics and marked by the qualities of his strong and comprehen- sive intellect. I was examined and cross-examined with a severity as unrelenting as if I had beeiT a witness on the stand. It certainly was not a pleasant position to be in, and once or twice I got out and sat by the driver, merely to escape the searching succession of questions to which I was subjected on many different subjects. Still there was a singular fascination about it, and after a short respite, I found myself drawn back again. This continued through the day, till we reached Springfield, where we. spent the night, and during the greater part of the next day, till we reached Worcester, at which place we were to take the railroad train. While at the depot in Worcester, Mr. Mason came to me, and in the kindest manner possible, invited me to his house in Boston. It was a great pleasure to accept his invitation. I was in the habit of going to see him as long as he lived, and was always received and treated with the gentlest and most gracious kindliness. The harshness of the cross-examina- tion never appeared again. In conversation with him I was always struck by his strength and originality of mind, his shrewdness and penetration, as well as by the variety and extent of his knowledge. But that whicit impressed me most of all was the sentiment of tenderness and reverence which marked his whole demeanor and seemed to affect the very tones of his voice. There was something verj' childlike in his humility. In the Memoir which I pre- pared of Judge Smith, there was a comparison of the two great lawyers. Before publication, I placed the manuscript containing this sketch in the hands of your brother. Rev. Charles Mason, who read it to his father. I had qualified my admi- ration for him as a lawyer by intimating that, in a desperate case, he might, perhaps, sometimes endeavor to prevent a verdict against his client by confusing and per- plexing the minds of the jury. He was not offended by the charge. He did not deny its truth. But he seemed grieved by it. With a humility, which, in a man so able and of so high a spirit, was extremely atTecting, he said very gently and as if considering whether it were so or not, that he was not conscious of ever having done Appendix. anything of the kind. It might be true, but lie was not aware of it. I do not know of any trait of ciiaracter wiiich shows more real greatness of soul than this humility, taken in connection with his extraordinary intellectual ability and the consciousness which he could not fail to have of his own powers. He could be very severe, terrific in his denunciations of meanness and wrong. But I can recall no instance of harshness in his judgment of his associates or rivals. His tone in speaking of them was always one of marked deference and kindliness. He was a very earnest Episcopalian, and in the first conversation that I had with him he spoke almost contemptuously of the looseness of church government among Congregationalists. But his religious sympathies were by no means confined to his own denomination. Indeed, in his personal relations, I do not think that the con- sideration of denominational associations had the slightest influence upon his feel- ings. It seemed to me, as I saw him from time to time, that he grew every year more thoughtful, more kindly in his judgments, more delicate and gentle in his at- tention to others, with a deepening sense of things heavenly and divine, attended by a sentiment of reverence like that which we sometimes see in a little child. In the latter years of his life, this gradual mellowing and ripening of his whole character was more especially observable. The great man was growing into a higher form of greatness through his humility and the transforming graces and affections of a Christian faith received into the heart and carried out in his life and conversation.' These are some of the impressions which he made upon me. Perhaps I have drawn inferences too broad, considering the slight opportunities which I had of knowing him. But there are some natures so strong in their great endowments, so simple in their structure, and so transparent and childlike in. revealing themselves, that we can hardly be mistaken in regard to them. It was so, I think, with your father. He had a most subtle intellect, but there was no concealment or guile about him. It would be difficult to measure the e.\tent of his powers and attainments as a lawyer. Only the greatest masters of the theory and practice of the law could do that. But the highest qualities of his mind and character showed themselves in his intercourse with his friends, and left with them impressions which can never pass away. AVith sincere regard, I am very truly yours, John H. Morison. REV. J. S. STONE TO R. M. MASON. Cambridge, December 9, 1S72. My dear Mr. Mason : — I am glad to learn that we are soon to have a Memoir of your honored father. As his life not only measured a long tract of the history of our nation, but was also itself an important part of that history, it is needless to say AlTKNDI.V. 428 Appendix. Appendix. that the proposed work is a public desideratum; and as I consider our common Christianity to be the highest and best clement in our national heritage, it seems to me very important lliat, in making such a man as Jeremiah Mason known to coming ages, his Christian character should hold a conspicuous place in the record. When your father came to Boston in the year 1832, he was not, indeed, a commu- nicant in the Church, but he became at once a serious and earnest attendant on her ministrations, in the parish of which I was then Rector, aiul after a short time openly connected himself with her Fellowship. He was then in the ripe fullness of his powers ; and it is simple justice to his name to say that, in professing himself a Christian, his act was no idle compliment to a reputable custom, no unmeaning com- pliance with a mere decent yet lifeless form. Long accustomed to sift evidence with peculiar skill, and to weigh the merits of a cause in severe balances, his great mind saw in Christianity what challenged his free assent and justified his heartfelt homage. The calm deeps of his mind had been stirred, and its inmost recesses reached, by a more than human power ; and when he knelt before the consecrated Symbols of his Saviour's Death and Passion, he felt not that he was bestowing valuable patronage upon a needy cause, but that he was paying glad homage to a Divine Master, and receiving high honor as from the signet of a Sovereign. In some of the non-essentials of Christianity, especially in those touching Eccle- siastical Drder, he did not always accord in opinion with his pastor ; but in dealing with the essential, central truths of the Gospel, that pastor always found the heart of his great hearer in live harmony with the theme. As long as I remained in St. • Paul's I had in your father one of my most attentive and appreciative listeners, and one of my truest and most cordial supporters ; and when I left, I left in him one of my most honored and trusted friends. I rejoice to think that the forthcoming Memoir will carry down to coming genera- tions the salutary inHuence not only of a noble American patriot and citizen, but also of a sincere and true-hearted Christian man. Ever alTectionately yours, John S. Stone. K. M. M.\soN, Esq. CII.\RLi;S B. GOODRICH TO U. M. M.VSON. UosTON, March 14, 1S73. My DE.4R Sir, — When your father resided at Portsmouth, after his return from Congress, he received from prominent gentlemen residing in some of the Southern States, "Cases Stated," upon which his opinion was requested ; he had a manuscript volume in which some of his opinions were copied. Mr. Macon, of North Carolina, had great coijfidence Appendix. in and respect for his opinions. Mr. Mason had an enlarged and comprehensive knowledge of the law in all its branches. In his early practice at Portsmouth he instituted several suits known as " Writs of Right," which were to be served in the upper part of the State, in the county of Grafton. In the service of these writs great exactness was required. After he had prepared the papers, including a minute and exact statement of the mode of service, he sent for I'eyton Randolph Freeman, a young lawyer at Portsmouth, who subsequently became very able in all matters relating to the law of real property, who answered the invitation. Mr. Mason read, and explained to him the papers which he had preparetl ; requested him to take the writs, and to see in person that proper service was made. Mr. Freeman said' to him "You are right; the papers are correct." Mr. Mason then asked him, "What do you know about it ? " Freeman said he had borrowed " Booth on Real Actions," the only copy of the book in the .State, which he had copied entire. This manu- script was subsequently destroyed, with the library of Mr. Freeman, which was burned some years since. Mr. Mason, and several other gentlemen, were employed to defend the sureties of a deposit bank, in a suit which had been commenced against them by the United States, to recover money which had been deposited. At a conference of the counsel Mr. Mason suggested that his juniors should prepare the outlines, or skeletons of pleas proper to be filed. One prepared seven, another five ; a third wrote out twenty-three ; and they met to consider them. The defendants, who had individuallv become sureties for the bank at the time the Secretary of the Treasury made an arrangement with the bank for a deposit of the public money, were directors of the bank. The twent\--three pleas were read. As the reading proceeded, Mr. Mason commented upon them, saying, " That is very well ; " " That will do ; " " That is im- material." After some ten or fifteen had been read, the reading of another was com- menced, which was founded upon an assumption that the Secretary of the Treasury and the directors of the bank had conspired to defraud the defendants. So soon as the character of the plea was disclosed, Mr. Mason interrupted, and said, " A\'hat is that — a conspiracy — a conspiracy to cheat — to cheat whom — a conspiracy by the defendants to cheat themselves." The result of this comment was graphic. The plea was rejected. This is only one of many instances in which the acute and in- stantaneous perception by Mr. Mason of the true principle or point at issue man- ifested itself A former Chief Justice of New Hampshire (Richardson), who tried the Dartmouth College case in the State Court, an able, learned, and upright judge, was somewhat impulsive, quick, and off-hand in his rulings at nisi prius, and occasionally wfien sit- ting in bank. He was ready, however, to hear; and if satisfied he had made a mis- take, willing and quick to correct it. He had not any pride of opinion which induced him to adhere to any mistake which he had made. On one occasion Mr. Mason, at a trial before the jury, made several objections, which were overruled ; 429 ArPKNDlX. Appendix. but ill Uie course of the hearing he made one which was sustained by the Cliief Justice, upon the announcement of which Mr. Mason said, " U'ill your honor stick? " evidently perceiving that upon this ruling the case was with him. Mr. Mason with reluctance accepted the presidency and direction of the Branch Bank of the United States at Portsmouth, at the urgent solicitation of the parent bank at Philadelphia. He managed its affairs with great fidelity to the interests of the bank, at the same time extending to its customers and to its debtors every accom- modation and leniency which could with propriety be granted. The objections to his course were made entirely upon political grounds. The president of the branch acted as loan officer of the government, and had charge of the payment of pensions. The Secretary of the Treasury gave Mr. Pickering, of New Hampshire, who had been appointed loan officer, with authority to pay pensions, an order upon the branch bank for the papers and money applicable to their payment. Mr. Pickering called at the offioe of Mr. Mason, presented his commission and the order of the - Secretary. At this stage of the interview Mr. Mason said, '' Have you any other business with me? " To which Mr. Pickering replied, " No, sir." Mr. i^Iason, with a graceful wave of his arm, said, "Good morning, sir." Mr. Pickering, somewhat astounded, asked if he declined to deliver the papers and pension funds in his hands. To which Mr. Mason answered, " If you will produce an order from Mr. Biddle, I will very cheerfully compl)'." In truth, the Secretary of the Treasury had transcended his authority in attempting to deprive the bank of some of its chartered rights. This was one of the causes which induced an attack upon the Bank of the United States, which subsequently resulted in its destruction. The incidents to which I have referred are similar to many others, which were inter- spersed in the daily professional life of your father, which were instructive and profit- able to those around him. Mr. Mason was considered by many of the community as distant, forbidding, and severe in his bearing ; the impression so entertained was not well founded. He did not seek for or regard, if I may so say, the popularity of the street ; but in his intercourse with neighbors and friends he was courteous, bland, and kind, to an extent not surpassed by any one. I shall ever cherish his memory with gratitude for the many kindnesses which he extended to me in my early professional efforts, which were not discontinued during his lifetime. V'ery respectfully, your obedient servant, C. B. Goodrich. Appendix. MR. MASON'S FAMILY AND DESCENDANTS. Mr. M.ason was manied on the 6th of November, 1799, to Mary Means, born October 20th, 1777, daughter of Robert and ^[ary Means, of Amherst, N. H. Mrs. Mason possessed in a remarkable degree the feminine graces of mind, heart, and character ; and it is fitting that her descendants should know how beautiful and exemplary her life was, and what cause they have to reverence and cherish her memory. From her letters to Mr. Mason before and immediately after her marriage, some of which are still preserved, it appears that she showed at an early period those ele- vated and amiable traits which grew with her growth, and guided her whole future life. She seems to have had from the beginning a deep sense of the responsibilities she was to assume, and to have devoted herself, heart and soul, to the performance of the duties devolved upon her by her new relation. Aware of the burden of labor and responsibility which rested upon her husband it was her constant aim and wish to take upon herself the whole charge of the household, and thus, as far as she could, to lighten his toils and relieve him from anxiety. But Mr. Mason's own nature was sympathetic and careful. With the high- est estimate of his wife's character and capacity, he was never quite willing to alfow her to assume all the weight of responsibility which the care of a large family involves. As will have been seen from some of his letters, Mr. Mason was of an anxious temperament, a little disposed to anticipate trouble, and provide for it before it came. It was his custom before he left home either for Washington, or to attend the courts, to make provision in advance for any emergency which might arise in his absence, and thus relieve his wife, as far as possible, from the anxiety she would nat- urally feel in her lonely estate, surrounded by a large and growing family. The period between 1812 and 1815, while we were'at war with England, was not without some peril to the population on the seaboard, and large towns like Ports- mouth were particularly exposed to attacks 'from the enemy. During these years the town was threatened, or was thought to be, more than once, with hostile demon- strations. Whether there was any real ground for alarm, or whether the apprehen- sions were only the growth of timid fancies, is doubtful ; but of the latter, the gen- eral trepidation was as great as if there had been just cause for dread. The prospect of a hostile attack was not a pleasant subject of contemplation for a man of Mr. Mason's temperament, when leaving his family for a long journey, or an indefinite period. He took all possible pains to provide them with the needful 431 ArPKNDIX. 1 -> o 4o- Appcndi.w Al'PENDlX. means of escape should the enemy land, and gave his wife careful directions what to do. Mrs. Mason, by her gentleness of nature and sweetness of manner, won the hearts of all who came within her sphere. She was the friend and comforter of the sick and the needy ; they never appealed to her in vain. In the large social circle in which she moved no one was more respected and beloved. Hospitable herself, she was a welcome guest in every house. She had nothing of the bitterness and jealousy which sometimes disturb the harmony of small communities. Sweetness of temper, sympathy, and patience, were among her marked traits. She never thought or spoke of the weaknesses and foibles of her acquaintances. She put out of sight what she could not approve. She won the affections of all by her uniform courtesy and gentle self-control. As said by one who knew her well, " Mrs. Masop was uni- versally respected and beloved ; she was esteemed the model and admiration of her sex among the good people of Portsmouth." Long after she ceased to be a resident of that town, her memory continued fresh and grateful in the hearts of those with whom she had been associated in all the relations of friends and neighbors. " Her refinement and courtesy, her benevolence and hospitality, were held in grateful remembrance." She was an accurate judge of character, and indulged sometimes in a playful pleasantry, but never with bitterness, or to offend the susceptibilities of any one. Mr. Mason was not so guarded in his strictures on the society around him. His comments were often sharp and incisive, and sometimes drew forth a mild reproof from his wife. These were not always effectual in checking him, though they were uniformly taken in good part. Sometimes an animated and amusing dis- cussion would arise. Mr. Mason, by way of defense, qualifying his original criti- cism by some playful observation which yet involved a new sarcasm. Then per- haps he would wididraw the whole sting of his censure by some kindly remark, calculated to soothe any wound which might have been left upon his wife's sensibili- ties. Her influence in truth was very great over him, and it was often remarked in the family how often she carried her point in the end. In her gentleness and sweet- ness there was nothing of weakness. Her character was firm, and she had an excel- lent judgment, for which her husband had a great respect, and often expressed it. The prominent traits in her character were disinterestedness and kindness of heart. No human being was ever more free from the taint of selfishness. It was her delight to minister to the happiness of others. Her life was filled with deeds of charity and kindness, flowing from a warm heart and a self-sacrificing spirit. She was a Christian in principle and practice. Religion ruled and colored her whole life. It was the foundation on which all her virtues rested. From this source her peace, her submission, her cheerfulness came. She was conspicuous for the Christian grace of humility, which shed a sweet and pure influence over her whole life. She was always distrustful of herself. If the graces of the Beatitudes are a Appendix. 433 test of Christian character, for her we may justly claim that merit; for in her they shone conspicuously. Mr. and Mrs. Mason were in the habit of talking about the probable duration of their lives, and on one of these occasions he told her that she would survive him, and finally die at the same age as himself. His prediction was almost literally ful- filled, though at the time of his death there was little probability of her living ten years longer. She died .\pril lo, 1858, aged eighty years, five months, and twenty- one days, having e.xceeded her husband's term of life by only four days. She was buried at Mount Auburn by Iris side. Mr. and Mrs. Mason had eight children, five sons and three daugliters, of whom five are deceased, namely, — George Means Mason, born October 3, 1800; died August 16, 1S65. Mary Elizabeth Mason, born May 18, 1802 ; died April 29, 1859. Alfred Mason, born March 24, 1804 ; died April 12, 1828. James Jeremiah Mason, born June 13, 1806 ; died June 13, 1835. Charles Mason, born July 25, i8r2 ; died March 23, 1862. GEORGE ME.^NS MA.SON. George Means Mason, the eldest son and eldest child of Mr. and Mrs. Mason, had his early education in Portsmouth, at such schools as the town then contained ; but as he grew older, and better means were required for the training of his mind, and to prepare him for college, for which he was destined, he was placed under the charge of Dr. Coffin, a gentleman of scholarly attainments, well fitted to discharge the trust he assumed. Dr. Coffin's family was highly esteemed in Portsmouth. The writer of this has a vivid recollection of the venerable and ladylike appearance of Mrs. Coffin, whose attractive aspect and manners secured her general regard. Their children had the same amiable qualities, and were favorites with tlieir friends and contemporaries. During a portion of Mr. Mason's absence in Washington, George lived in Dr. Cof- fin's family, as it became necessary to distribute the children where they could best be taken care of, Mrs. Mason having accompanied her husband to Washington dur- ing one of the sessions of Congress. George naturally fell under the charge of his teacher, this arrangement affording greater facilities for the prosecution of his studies. Here he remained till he was fitted for Bowdoin College, at that time presided over by the Rev. Jesse Appleton, D. D., whose name appears in the Memoir as one of Mr. Mason's correspondents. Dr. Appleton was Mr. Mason's brother-in-law, and thus that institution had peculiar claims on the latter's regards, and two of his sons were educated there. 55 ArPKNCi.x. ArpENDix. George jj.issed through college very creditably, though he was not very careful in the observance of the college rules. This sometimes exposed him to censure, but I his natural abilities enabled him to master with ease the required studies without any \ great application. . In those days the course of study in the colleges of New Eng- I hind did not task the powers of the students so much as is now the case. : .\fter leaving college, George entered his father's office as a student, and there he I had the opportunity of seeing all the varied business of a lawyer in large practice. ! But whether from the want of a natural taste for the profession, and the skill in applying his knowledge, or for some other reason, he did not seem to be able to make'tlie results of his law studies available for the active and profitable pursuit of the profession. His father, seeing this disability, and thinking, and perhaps rightly, that his chance of ultimate success would be better by a removal to another and an inde- pendent sphere of action, where he would be thrown on his own resources, advised him to take up his residence in Boston. George accordingly removed there, and opened an office. He did not long remain in Boston, but moved by a desire to see something of the Western country, then, as now, rapidly filling up with emigrants, but in larger proportion than now from the Eastern States, he made a journey to Ohio. Here he gained many valu- able friends, and learned much by personal observation of the condition and pros- pects of the country. His purpose had been to settle, and pursue his profession there ; but he satisfied himself that the qualities essential to success in that region were of a more energetic and enterprising nature than he possessed. He had not the pushing ways necessary to get business. He had not resolution enough to put himself forward prominently before that class from whom business was to be ex- pected. With superior knowledge and abilities, he was held back by reserve and self-distrust, and to such a degree as to make almost useless the talents and acquire- ments which he unquestionably possessed. His mind was well stored with book knowledge, both in law and general litera- ture. On his return from Ohio he resumed his place in his fiither's office, taking upon himself much of the labor he was so well qualified to perform in the preparation of cases and the general work of the office. Here his accuracy of detail, and his care- ful investigation of authorities, enabled him to be of excellent service. He did not often appear in the courts, but when he did it was always with credit to himself. His taste for reading made large collections of books attractive to him. The Atheneum was his favorite resort, and when the Public Library in Boston was opened it was much frequented by him. He wrote occasionally for the " North .\mcrican Review," and showed a culti- vated mind and a scholarly style. The circumstances of his death were very touching, mysterious, and afflicting. Appendix. He had accompanied some near and dear relatives, with whom he had been in con- stant intercourse for many years, to the steamer in which tliey were to embarl< for Europe. Taking leave of them with sad. tliough not greatly depressed feelings, he went to an office he was in the habit of visiting to look over the newspapers. He took up one of them, hut in a few moments was seen to drop tile sheet; his head fell forwaril, and he was dead. 'I'lie cause of his deatii was tliought by his. physi- cians to have been an affection of the heart, probably aggravated by the mental ex- citement caused, though not betrayed at the lime, by the separation from those he loved, and the prospect of returning to a lonely home. It happened that all the other m-embers of his family were then absent, and the gloom that came over him was a proof of his strong domestic attachments, and his dependence on the affection and kindness of those with whom he was most nearly connected. 435 Al'rK.NDI.X. MARY ELIZAUETII MASON. It will have been seen by some of the letters in the Memoir how anxious Mr. Mason was to imbue the mind of his daughter, when she was quite young, with those principles and rules of conduct which are essential to the highest excellence of the female character. He was careful to urge the importance of close attention to her studies, not neglecting advice as to the acquisition of those accomplishments which every well educated woman should possess. From him siie learned how much of the happiness of life depends upop domestic affection and offices of love towards members of the same household, and also how important good manners are in winning and retaining friends, and what careful regard should be had to the tastes and feelings of others. An anxious desire for the welfare and happiness of his chil- dren was indeed the ruling motive of his life. For this he gave up political life and the indulgence of ambitious aspirations, because they took up so much of the time which he thought should be given to his family. His great desire, as often expressed by him, was to give to all his children such education as would (It them to discharge worthily and well the duties to which they might be called. Beyond this he did not expect to do much. The acquisition of property was never a leading object with him. He lived in a hospitable and generous style, and was charitable to the extent of his means, and thus could not accuinulate any great amount of propertv. His children were well aware of this, and thus never formed extravagant expectations. His careful regard for the welfare and happiness of his children was well repaid in the case of his eldest daughter. His advice and instruction fell like good seed on rich ground. She was of a thoughtful nature, open to improving influences, con- siderate of others, and faithful to all the duties of life. Her heart was affectionate, and her manners gentle and winning. Much of the .symmetry and finish of her char- acter was due to the teaching of her father and the example of her mother. Her friends noticed in her a constant moral and spiritual growth. She inherited her Appendix. fail.^: . ., .jJ sense and sound judgment, and with these were combined a social tact and a sweetness of manner which made for her many warm friends. Her mind, well balanced and well constructed, jnit forth its powers in a style of conversation which showed at once reflection and study. Her manners, like her fiither's, were calm and self-possessed. Her heart was full of sympathy, and she shared alike in the joys and sorrows of her friends. Her judgment was sound and deliberate, and she never acted from sudden impulse. In her presence and movements there was a mingling of dignity and grace, which conciliated at once respect and alTection. Upon a heart so tender and sympathetic as hers the domestic sorrows, which are the lot of humanity, and from which Mr. Mason's family was not exempt, fell with peculiar weight ; and they gave to her manners a tinge of sadness, but without any touch of bitterness or gloom. For she was a woman of strong religious faith, and this was her all-sufiicient support in all her trials. The Christian graces of human- ity and self-sacrifice shone in her life with peculiar lustre. The touch of sorrow only served to increase her natural tenderness and sensibility. As her father advanced in years, and the infirmities of age began to press upon him, his eldest daughter devoted herself to him with a touching affection. She watched the gradual decay of physical powers, but never had occasion to mourn the darkness of mental eclipse, for Mr. Mason retained all the powers of. his mind to the last. The years of his decline were serene and happy. He was undisturbed by the cares of business, and his whole time was given to the society of his Himily, and that of the many friends who visited him for the sake of his instructing and entertaining c nversation. It was Miss Mason's habit to record what was interesting to her in a diarv, seen by none but herself during her life. The extracts from it which follow, show how close was the tie which bound the father and daughter together, and what love and confidence there were between them. Her conversations with him were not confined to the common topics of domestic life, and those subjects of public interest which were open to all ; but they often turned on those solemn themes of life, death, and immortality, on which men do not open their hearts except to those whom they fully love and trust. With his daughter, who devoted herself to him with such tender assiduity, he had no reserve. And she was able to bring to the discussion of such questions a superior mind, cultivated by reading and reflection, and exalted by a strong religious feeling, which gladly led her father's powerful understanding in a direction so congenial to herself. It will be seen by Miss Mason's diary that the great aim of her life was to minis- ter to the happiness of her father and mother. She drtaded the hour when, in the course of nature, she should be called to part with them ; and felt that after such separation the world would lose much of its attraction for her. The death of her father, and afterwards that of her mother, did actually wean her from this life, and she was prepared at any moment to obey the summons that should Appendix. call her hence. But her life was still cheerful and active. Much of her time was given to works of benevolence and charity, and the visiting of the sick and destitute, especially in the interests of two institutions with which she was closely identified : "The Widows' Society," and the "Cliurch Home for Orphan and Destitute Chil- dren," the latter founded by her brother, the Rev. Charles Mason. This most be- neficent cliarity enjoyed the benefit of her wise counsel and devoted care, to its great and lasting advantage. It need hardly be added how much she contributed to the happiness of the funily circle to which she was endeared by such ties of affection, the surviving members of which will never lose the precious remembrance of her admirable character and sweet disposition, and the ever warm sympathy with which she made their joys and sorrows her own, of which her diary contains almost daily proof. Under the provi- dence of God, she was called to share with her sister the charge of her brother's children, who will ever remember her tender and watchful care. A few extracts from Miss Mason's diary are here given, as illustrating her purity of character and strong filial affection : — 437 AlTl;.NDI,\. April, 1843. — In the evening several visitors, amongst others Mr. Hillard. Father talked with him of his professional habits, — his early rising and hard working, year after year ; but after all it was the best profession, and he would choose it again, though not perhaps New Hampshire as the field. Siitiday. — I have been interested in reading some of Mr. Greenwood's sermons on Consolation. Father was struck with their poetic beauty ; he has been troubled with rheumatism several days, and seemed to fear a tedious confinement, and I was surprised to see with what a quiet spirit he spoke of it ; he often laments the want of patience. It is touching to hear him confess with so much meekness what he says is his infirmity. He is the best and dearest of parents, and seems to grow more tender towards his children every year, feeling, as he does, that each may be his last. In speaking of the eftect of capital punishment, he said that he went to Norwich to a hanging, when he was about ten years old, which frightened him so that he did not go to bed for j'ears without thinking of it. Since that time he had defended half-a-dozen criminals, and saved them all from that punishment; he said he pre- ferred being on that side to the other, but it was disagreeable business, and one that he had always been pressed into. The last day of 1843. — This year no sickness has come nigh our dwelling ; our beloved parents are still spared, the light and joy of our home. April 28, 1844. — Yesterday was my dear father's birthday; it was a pleasant day to us and to him. We united in a family gift of a Bible to him, as a mark of our love and remembrance of the occasion. What a blessing that this dear parent has been spared to us so long. API'ENDIX. August, 1844. — I came home from Amhers;, ;...,...;^ I was rather missed, and had a dcligliiful greeting. O ! how hajjpy these returns are, and what a beloved home has mine always been. iSih. — Tlie country is beautiful, and my visit to Brookline was pleasant. ^Ve came in today to church and heard Dr. Vinton, after an absence of some weeks, which seemed like the restoration of a great privilege. Father has been hearing and read- ing in the evenings the " Life of Lord Eldon," with great interest. It is a fine Eng- lish edition given iiini by Robert, which adds to his pleasure in reading it. Sfptembcr 10, 1844. — Father and mother have been alone, and have quite en- joyed it, for a few days, talking over old times, etc. What a long and pleasant life they have had together ; tiiey have concluded that if they live to their half century anniversary, they will celebrate it. God grant they may, if it will be for their hap- piness. He alone knows what is for our true good ; but if that time should find them with health and happiness unimpaired, it would be a blessing indeed. What a long and happy period He has allowed us to enjoy on earth together ; it seems to me now, that I shall have no object in life, when these beloved parents are taken ; but God will then, I trust, draw me nearer to Him. September 17. — Father, mother, and I have had a pleasant journey to Rhineland,* where we received the hearty welcome we e-xpected. It was a long journey for my dear father, and the fatigue and annoyances of travelling are so great, that I do not think he ought to be subject to them at his time of life ; but we have returned from this safely and after much enjoyment, and he was the life and centre of attraction. How proud I was of the noble old man. December, 1844. — Jane and I have promised to be with Charles,- one at a time, and do what we can to lighten his heavy burthen of care. It will involve a separa- tion from each other, and from the dear home we love so well ; but the hardest sep- aration is from the dear old man, whose hoary head is our crown of rejoicing, and from whom I feel that we may soon be called to part. I cannot' bear to think of being so much away from dear father, but this seems to be a call of Providence, and our duty is clear. May God give us strength to fulfill it. yanuary 5, 1845. — In thinking of Susan's ' life, I see a beautiful e.xemplification of the Christian character, and a model which we may well imitate. In our afflic- tion God has remembered mercy, and I would bless Him that He has spared my beloved parents to see this new year. January 26, 1845. — This is probably the last Sunday that I shall spend in this dear home for three months ; how thankful that I am leaving them well, but in that time what changes may occur. yune iZ. — My dear father has been confined with lameness to his chair for nearly a fortnight. It has been a great pleasure to be with him to cheer a little the ' The residence of Dr. and Mrs. Rhinclandcr, Long Island, N. Y. • After the death of his wife. * Mrs. Charles Mason. Appendix. dullness of his confinement. He has been very patient, and it is a comfort to see tliat as his infirmities increase, so does his gentleness and submissive spirit. November 2^,. — For the last two months we have been much occupied with our beloved Uncle and Aunt Lawrence in sharing their anxieties and doing what we could to cheer him, when she was devoting herself to her darling son.' That object of tender solicitude is now removed. Dear Robert breathed his last yesterday even- ing, commending with his last utterance his soul to his .Saviour. After her father's (lecith. — . . . . but my dear father is gone. O Heavenly Father, take now my whole heart, now that Thou hast taken my greatest earthly stay. . . . . has been in this evening ; it has been delightful to hear him talk of dear father ; how my heart warms towards those who loved him and enjoyed so much his society ! . . . . seems to feel deeply his own personal loss ; he has lost a sincere and earnest friend. O ! it cheers and comforts me to think I have had such a father ; may his noble qualities, and the recollection of his tender love, keep me from ever}-- thing small or mean ; all about him was genuine, earnest, and true. God forgive me if I have ever grieved that kind heart. How my longing eyes look in vain for that remarkable form ; when I see that vacant chair, and remember the hours I have passed by his side, I feel that nobody will ever love me in this world as he did, except perhaps my dear mother, and she has never seemed so dependent on our affection ; but she will be, now that he is taken. December, 1848. — I feel thankful to have been with my beloved father during this last summer ; it has given me a treasure of sweet recollections, which I shall love to cherish through life. I have many feelings of regret that I did not improve more opportunities of con- versation upon religious subjects, but I do not know that it would have been useful ; his mind was constantly dwelling upon the subject, and perhaps the meditations of such a mind were more profitable ; and I know that he often expressed the strongest desire to be prepared, and a firm trust in his Saviour. When he was every evening sitting in his chair for an hour at twilight, and looking at that glorious sky as if he would penetrate its mysteries, what help could any words of mine have given. I feel thankful that these few years of serene life, free from care and turmoil, have been spared to him. How often, when I have been reading to him sermons on the Resurrection, in which were speculations upon the spiritual state and the intercourse of disembodied spirits, he would say, " It is what we cannot comprehend here, the sort of intercourse spirits without matter can hold ; it was what we could have no idea of now." Specu- lations upon things not clearly revealed in the Scriptures he did not enter into. ' Robert Means Lawrence, who died at nineteen years of age. 439 ArrnNDix. 440 ArrENDix. Appendix. September, 1849. — Dear mother has tried to be cheerful, and has succeeded, though I think she feels her loneliness here ' in the summer, from not having her usual occupations, and the feeling that dear father would have enjoyed it so much. August, 1851. — I have enjoyed the quiet of Boston, and the time I have had to myself at this season. Mother and I have had much pleasant intercourse together. She has enjoyed hearing Wordsworth's Life read. I have not read anything in a long time that has given me so much pleasure ; and it has brought back a fresh pleasure in his poetry, which I used to enjoy so much long years ago. January i, 1S53. — The year did not leave us without its warning in a most solemn and affecting manner. On its last day our dear Uncle Lawrence was taken from us most suddenly and unexpectedly to us all. He has been connected with our dearest associations for many years, and his loss will make a change in our circle most deeply to be felt. He has been a warm and tenderly affectionate friend of thirty years ; his loss is great to us, and to the poor and suffering, to whom his purse and heart were ever open. July 31, 1853. — Sharon Springs. I have been here little more than a week, and the time has passed pleasantly, and I hope not unprofitably. I have met Christian friends whom I shall long remember. Miss Donaldson is a rare character ; may her example have an influence on me for the good of my soul ; such simplicity and de- votion to the one object of her life, doing good to the souls of her fellow beings. April 25, 185S. — My dear, precious mother departed this life on the loth day of this month. No more will her sweet, gentle accents reach my ears ; no more her sympathizing heart be open to share all my cares and anxieties, — the tenderest of human relations has ceased for me. O, may the remembrance of her lovely traits of nature and grace help to make nie in earnest to be like her, and to make it now the business of my life to make others happy. May we all be thankful that this blessed mother has been spared to us so long for a comfort and example. December 19, 1858. — The joyful season of Christmas is approaching. What sweet recollections we have of the social enjoyments of this day, all our lives long. But the dear mother, so long spared to be a blessing, is now'removed, as I trust, to a better world. And now I would pray that the mourning over lost joys and bless- ings may be swallowed up in rejoicing for the birth of my precious Saviour into this world of sin. The following notice of Miss Mason appeared in one of the Boston papers soon after her death : — OBITUARY. In this city, April 29, Miss Mary E. Mason, eldest daughter of the Died. late Jeremiah Mason ' They were spending the summer at D.invcrs. This announcement came with startling suddenness upon a large circle of the friends of the deceased. And scarcely less overwhelming was the unexpected summons to that inner circle of which she was so beloved a member. It may be truly said, that she herself was the only one prepared to meet it. It would, indeed, have been strange had it been otherwise ; for her whole life seemed to those around her but a preparation for death. And this not in a gloomy sense — far otherwise. To the most social and amiable qualities of mind and heart, she added those vigor- ous elements of decision and force of character, good judgment, and worthy action, which make " the perfect woman nobly planned." Her deeds need no eulogy, — they live after her. The widow, the orphan, the dis- tressed, knew her charitable hand, and revived and took courage at her kindly and inspiriting words. The parish of which she was so active a member, deeply feels the great loss it has sustained in one who was ever ready to meet its numerous appeals. Its welfare was one of the last wishes of her heart, breathed with her farewell message to its rector, her brother, absent in a foreign land, and unconscious of his double loss. As a daughter and a sister, no language can fitly portray her eminent excellences Self-denying, ever thoughtful for others, and never so well pleased as when laboring for those who needed sympathy and kindness. Her truly Christian conversation and her graceful simplicity of manner, shone " like apples of gold in pictures of silver." Her walk was with God, and her fiiith " the evidence," for her, " of things not seen." In remembering the nobleness of her character, and in more affectionately linger- ing over the contemplation of its singular loveliness, we are glad to think of her as having crossed the dark river in peace, leaning with unfiiltering trust upon the arm of her Saviour. " Calm on the bosom of thy Clod, Fair spirit ! rest thee now ! E'en while with ours thy footsteps trod. His seal was on thy brow." ALFRED MASON. Alfred Mason was the second son of Mr. Mason. He entered Exeter Acad- emy with his brother James, two years his junior ; the one destined for a college education and a profession, and the other for the life of a merchant. After the usual preparation at that celebrated school. Alfred entered Bowdoin Col- lege. There he early developed a taste for the Natural Sciences, especially for min- eralogy and geology, under that distinguished man Professor Cleveland, who seemed 56 ArrR.NUix. 442 Appendix. Ai'PEXDix. ' by tlic pwiici of his genius to attract and attach his pupils to him in a remarkable way. i Alfrcil entered upon the study of medicine immediately after graduating at col- : lege, under the direction of Dr. Pierrepont, in Portsmouth. To diversify his occu- pation, and to put in practice his acquirements, he early made the .-Mmshouse serve as a sort of hospital, and there experimented upon such of the inmates as were willing to have him try his skill upon them, and he was never at a loss for patients. He used to say the old women paupers loved medicine, and were never satisfied without a dose, whether needed or not. He always gratified them by ad- ministering, according to the exigency of the case, sometimes a bread pill or other mild remedy, when the patient did not seem to require more powerful treatment. He had a bright and genial w.iy with him, which encouraged and made friends of these poor people, so that his welcome visits cheered and enlivened them as much by his friendly and kind manners as by any supposed charm in his applications. After a sufficient preliminary preparation in the study of his profession, he attended the Medical Lectures in Philadelphia, where he had much friendly inter- course with those eminent practitioners. Doctors Gibson, Chapman, and Barton. Subsequently he went to New York for the benefit of the Medical Course there. He applied for the position of Resident Student in Bellevue Hospital, the largest institution of the kind in the State, and received the appointment. He entered upon the duties of the station with great ardor and zeal. A fever of most violent and malignant character soon broke out, and spread through the wards, carrying olT great numbers of the patients, with whom he was in constant attendance, in fearless disregard of the danger to his own life ; he was attacked, and prostrated by the dis- ease. It was soon apparent that he was to be a victim to his own courageous devo- tion to what he thought was his duty. Mr. and Mrs. Mason, on receiving information of his sickness, immediately left Portsmouth to proceed to New York, but were stopped in Boston by news of his death. His brother George reached New York in time to see him before he expired, but when too late to be recognized. During his sickness he received the utmost care from Doctor Dclafield. the warm and constant friend of his family ; and also from the medical stafTof the hospital, who all felt a deej) solicitude, for he had strongly attached himself to them by his manly qualities, and the intelligence he displayed in the arduous duties of his posi- tion. But it was beyond the power of humd!i effort to save him from the devastating scourge ; and thus was cut off in his early manhood a career of remarkable prom- ise, which would have been an honor to the profession and to humanity. The last melancholy duties of his burial were performed under the direction of Doctor Delafield and the late Charles March, with a tender and affectionate care, for whicii his family will never cease to be grateful. The remains were deposited in Appendix. Mr. March's family tomb, where they laid until after Mr. Mason's removal to Bos- ton, when he had them brought to Mount Auburn and placed in ills lot, with others of his family. This first entrance of death into the family circle of Mr. Mason, wliich had until then been so cheerful autl sunny, cast a deep shadow over it, and left its impression for a very long time. With talents and prospects so brilliant, it was the disappointment of hopes, which had been fondly and justly cherished, and shared by the numerous friends of the family in Portsmouth, where he was a great favorite, making friends always by his cordial and genial bearing, and they manifested their sorrow in an affecting manner. At the request of the young men of Portsmouth, a eulogy was pronounced by Dr. Cheever, portions of which are now printed, to show their appreciation of his worth. " Alfred Mason, whose early loss we mourn, was born the twenty-fourth of March, 1804, and under circumstances of parentage, rarely enjoyed, to elicit and bring for- ward his naturally sagacious and inquisitive mind. It is not, however, my Intention to dwell upon the early scenes of his childhood. A thousand little incidents, with their kindred emotions, rather to be felt than described, must rush upon your minds, when I advert to days on which memory fondly lingers, before the charm and magic of existence has been broken by the trials and vicissitudes of niaturer years. His early life he spent amongst you, and how cheerfully and happily, will not be forgot- ten. You all remember his docility and gentleness, the ingenuousness and sweetness of his temper, the amiable simplicity of his character, and the noble generosity of his soul. " After passing the usual period at Phillips' Exeter Academy, where he gained the attachment and esteem of all who knew him, he entered Bowdoin College. Here the same qualities of the mind and heart, which endeared him to his earliest friends, made him esteemed and beloved in every connection he formed. If, however, he was not particularly distinguished in the routine of its e.xercises, it was not that he was deficient in industry, or insensible to the importance of intellectual cultivation ; for in a very large class he exerted a commanding influence by his extensive infor- mation on subjects of general and polite literature, and by his unrivaled eminence in a particular department of knowledge ; but because he viewed the prescribed studies of a college life as comparatively of inferior value to one who had marked out for himself a course of life, in which they would prove, at least, of doubtful utility ; and he had strength and elevation of character to forego the trifling distinc- tions they might confer, in his love foi;4hose which were more congenial to his taste, and for which he ever evinced a most remarkable genius. It is the remark of one who knew him best, a classmate and an intimate friend, ' that he discovered in early life a decided partiality for natural science ; and as he increased in years, it ripened into the most devoted and exclusive attachment. He flung his arms around her inanimate form, and, like Pygmalion's statue, nature grew into life, and beauty, and 443 Appendix. 444 Appendix. Appendix. intelligence, beneath his warm embrace ; and neither mathematics, nor poetry, poli- tics, nor pleasure, could shake his constancy or estrange his love from those charms that won his youthful heart.' " Thus early did he show a predilction for studies in which he afterwards became a remarkable proficient. Nor was he without sympathy in these high and noble pur- suits. It was his good fortune at this period to attract the notice of one whom our country has delighted to honor, as having attained to the very foremost rank in nat- ural science, and for whom, in a particular branch, we should, perhaps, be unwilling to yield the palm of distinction to any in the world.' From him our young friend received the greatest assistance. He caught his spirit, and by his aptitude for learn- in"-, his industry and enthusiastic e.\ertion, did honor to the distinguished attentions that had been so liberally and so generously bestowed upon him. He particularly vicvoted himself to the sciences of physiology, natural history, chemistry, and min- eralogy ; and in each, particularly the latter, made very high and honorable attain- ments. To his knowledge of this particular branch our Athenasum is indebted for many of its valuable specimens, and for its classification and scientific arrangement. It was probably the connection of these branches of science which he so much loved, with that of medicine, to which they are auxiliaries, which led him to pursue it as a profession. " Having honorably completed his education at Brunswick, he entered his name as a student of medicine with a distinguished physician - of this place, whose known ardor and zeal in the pursuit of science was a pledge of success to a favorite pupil. Beint' naturally endowed with a mind active, ardent„ and discriminating, he pos- sessed every requisite for success and distinction in the profession he had chosen, not only from the acuteness of his discernment, his decision, and judgment, but from an e.\alted sense of integrity, and a truly humane and philanthropic disposi- tion. To the cultivation of the several branches of his pursuits he devoted him- self with the most unwavering zeal and untiring industry. Indeed, all the energies of his soul seemed to be consecrated to the advancement of his favorite object. It was in him a passion, to which everything of minor importance was compelled to give way. He did not thus engage, however, from mere pecuniary views of its importance, though these were probably estimated as they should be, of real, though subordinate value; for there was nothing selfish or mercenary in his nature. No. He loved his profession as a science, in its nature ennobling to a diligent cultivator, and in its effects a blessing to mankind. He labored for jirinciplcs. He believed with the great Rush, that medicine without principles is an humble art and a degrad- ing occupation ; but, connected with them, the sure road to honor, and the moral and intellectual elevation of character. With such just and ennobling views of the art, he at different periods visited the first medical schools of our country, always 1 Professor Cleveland, of Bowdoin College. - Dr. Pierrcpont. Appendix. acquiring something valuable to add to his stock of knowledge, and always return- ing with an ardor unabated for still further improvement. " It might be supposed, tiiat in a mind thus constituted, and devoted as it was to the discipline of severe study and abstruse investigation, that there would be but lit- tle opportunity for the exercise of the finer feelings of' our nature. But in this respect he possessed a delightful harmony of character. He did not cultivate his understanding at the expense of his heart ; they grew up and flourished together. With a most affectionate disposition there was united in him a delicacy and tender- ness of sensibility to the sufTerings of others, which manifested itself in the most unwearied efforts for doing them good, and a benevolence which was limited only by his powers of usefulness. He was truly the friend to the sick and the destitute ; extending to them, as opportunity offered, not only the high offices of his profession, but, as we have not unfrequently witnessed, the bountiful hand of kindness and charity. Accustomed, from his situation in life, to mingle with the most cultivated society, he carried into the world a love for its refined and elevated enjoyments. Nature, indeed, had formed him for the pleasures of friendship and of social inter- course ; and how much he enjoyed them, no one, who remembers his affability and playfulness of manner, and the happiness which beamed from every expression of his countenance, will ever forget. Happy himself, he made every one happy about him by the cheerfulness and vivacity of his disposition, and by a singularly frank, accessible, captivating, yet unpresuming deportment. He diffused a charm over the various relations and endearments of domestic life by the ardor and strength of his attachments, by the kindness and gentleness of his spirit, and by his indifference to self in his deep solicitude for the happiness and welfare of the circle with which he was connected. " The same zeal which characterized him in the medical profession distinguished him in everything he undertook ; ever active and ardent, and ever extending his influence to the promotion of human improvement. In this respect, he will be remembered for his generous labors, in the instruction of a class of young ladies in the elements of botany, and in one of our Sunday-schools, as a faithful and intelli- gent teacher of the principles of our holy religion ; and, as he carried into life a respect and reverence for its sacred institutions, so, affections so ardent and ele- vated, we trust, must have imbibed a portion of its benevolent spirit, and been warmed by its heavenly influences. "That a mind and heart thus cultivated, as they had already made him respected and beloved, would have rendered him an ornament to the medical profession — the messenger of mercy, indeed, to the distresses of suffering humanity, — cannot be doubted. Why they were not permitted to ripen into greater usefulness, and extend more widely their benevolent influences, is concealed from us by Him, who knoweth what is best for us, and we would reverently bow to this act of His inscrutable prov- idence. 445 AlTKNDIX. 446 Appendix. Appendix. " Early the last autumn he left this place I'ui Nuw \oi k, where he took up his resi- dence, and passed the winter under the instruction of an eminent practitioner,' in the most assiiluous attention to his studies, and unremitted exertions for still further accomplishments. Believii;g that a large hospital would afford him still greater facil- ities for improvement, and for witnessing disease in its greatest variety and most malignant forms, he solicited the situation of assistant-surgeon at Bellevue Hospital ; and it is honorable to him to mention that so highly were his attainments appreci- ated, that from very many applications he was .selected to the office. " During the winter an epidemic had prevailed in the hospital, which, although it had apparently disappeared at the time of his entrance, shortly afterwards made its appearance again, spreading through its crowded wards with greater severity and finality than before had been known. To a young man of his warm and generous character, with a deep sense of responsibility, and a heart overflowing with sympa- thy, it may be easily im.agined how trying and laborious must have been the situation in wiiich he was placed ; and how kind, how faithful and vigilant he was in the prac- tice of his duties amid the appalling scenes of suffering and death; we have the tes- timony of his senior in office, and many a grateful heart which survived its ravages will ever hold his name in tender remembrance. Regardless of danger where he had known duties to perform, and worn down by care and an.viety in unremitted attempts to stay the desolation that was spreading around him, he fell a victim to a distemper which, though treacherous and perhaps flattering in its .ittack, soon devel- oped, ill the destruction of his reason and strength, its inveterate and fatal malig- nancy. "Thus died our friend, after a few days' illness, at the early age of twenty-four, in the midst of life, — when the world was bright, when he had gained the confidence of success, and was reaping the rewards of an honorable ambition, and the faithful cultivation of the powers and faculties which God had given him. " We Gould have wished, if consistent with His will, that a mind so ardent and in- telligent, so devoted to generous exertion and noble enterprise, might have been spared to his friends and society ; but not our will, but His be done. AVe would not recall him ; we would not have had him purchased even life at the expense of his duties. No. He had sought the situation which proved indeed his grave, and we would not have had him shrunk from its dangers. To those who loved him best, as they fondly dwell upon the virtues of his character, how happy will be the reflection that his last days were passed in endeavoring to soften the pillow of distress in ad- ministering to the wants of the sick and the dying. And O, how consoling the thought that he died in the cause of suffering humanity ; that he died at the post of his duties ! It may be, too, that his work accomplished, his duties done, in the fiiith- ful improvement of mind and development of character, he is wanted in a nobler sphere of existence for nobler purposes, and for still higher advancement. It may 1 Dr. Dclaficld. Appendix. be he has been mercifully removed from impending woe, from disappointments and sorrows, which would have damped his ardor and ruined his |5eace. It is certain that the event, however aftlieting it may be, is the allotment of inlinite goodness and of unerrinir wisdom." JAMES JEREMIAH MASON. Jamics Jeremiah Masont, tiie third son of Mr. Mason, was born in Portsmouth, N. H., June 13, 1806. His early education was mainly in his father's house, under the direction of Mr. Stephen Fales, a graduate of Harvard College, who came into Mr. Mason's family to superintend the education of his two sons, Alfred and James, and at the same time pursue the study of law in Mr. Mason's office. After a preparation of a few years of this kind, they both went to Exeter Academy, and on completing the usual term at that institution, Alfred entered Bowdoin College, and James, who had chosen a mercantile career, entered the counting-room of" Messrs. James W. Paige & Co. of Boston, then extensively en- gaged in the importing business and subsequently so well known as the agents of some of our most important manufacturing companies. On his attaining his majority, James entered into business in Boston on his own account, but was soon called to New York by advantageous offers to go into the commission business in that larger field of enterprise, and the prospects held out to him were of so promising a kind, that he decided to yield his preference for a resi- dence in Boston aud remove to the great emporium of business. His father's family had not then come to Boston to reside, and he therefore was not held by all the strong ties of family affection which existed at a later period, but still by his kind and genial manners, and more by the noble and endearing qualities of his character, he had won so many warm and devoted friends, that it became a hard struggle to make up his mind to part with them. Fortunately he was not des- tined long to be separated from them. The eminent house in which he commenced his career as a clerk, then composed of Mr. James \V. Paige and Mr. Nathan Appleton, had received impressions so fa- vorable to his capacity and his integrity of character while in a subordinate position in their house and from observation of his conduct in New York, tjiat they soon sent for him to return and become a partner with them. This was a flattering apprecia- tion of his ability and his power of usefulness ; for in those days the standard by which men were judged was much higher than prevails now, and no doubtful or am- biguous traits were overlooked in the estimate. Close and constant attention to business was then expected and required. The amount of work performed by men in mercantile pursuits, of the class now specially referred to, was greater than in these days. The difference in the manner of doing business and the magnitude of the transactions may in a measure explain the necessity for some divergence from 447 Al'l'KNDIX. Appendix. the old system, but no amelioration of the rules of business should dispense with habits of close attention to the interests entrusted to agents, who should feel a responsibility as trustees of the property and interests of others, which justifies no neglect. • We have witnessed so much and suffered so severely in these late days by unfaithful and dishonest agents, that we may well regret the disregard of the high standard required in business men which prevailed formerly. In these new relations James bore himself with conspicuous credit, increasing and retaining his hold upon the respect of the community without interruption to the close of his life. His residence in New York, though short, opened a new field of observation and for the enlargement of his knowledge of affairs which he did not fail to use to the best advantage. Th.us the experience and the acquaintance he gained by this change, at first so reluctantly made, proved very beneficial in his after life and fitted him the better for the new relations which he was to undertake. He was married January 22, 1835, to Elizabeth Frances Thorndike, daughter of the late Israel Thorndike of Boston. He did not survive his marriage many months. With his wife and a party of ladies he proceeded on a journey to Virginia in the spring of 1835, where he contracted a fever, which developed on his return to Bos- ton after some weeks, and ended in his death June 13, 1835, aged 39 years. His character was one of great amiability, gentleness, and purity. Few young men have attained so high a degree of respect among his contemporaries, for his excellent attainments, his unquestioned integrity, and those qualities of mind which with a pleasing bearing, commanded the love and esteem of all. He was uncom- monly devoted and affectionate in the family circle, and a great favorite in the society in which he moved. He had no extravagances or vices, and in these particu- lars he never gave his parents or his friends a moment's uneasiness. He had the confidence of older men and especially in his business connections to a remarkable de<^ree. His manners were courteous and winning, carrying confidence in his face and in his words ; attractions the power of which all know how to value ; and to these qualities so useful in the daily life of all who desire to gain the esteem of their fellow-men he owed very much the commanding influence which he attained amon"- those with whom his connection was intimate during his business career. The writer of this notice, though with a partial eye probably, looks back now after this long period since his death, and with a not small experience of men, upon the life and character of James J. Mason with new and increasing admiration. CHARLES M.\SON. .The following memoir of this amiable and excellent man, and faithful and de- voted pastor, written by his friend the Rev. Andrew P. I'eabody, D. D., first appeared Appendix. in the "Proceedings of the Massachusetts Historical Society," 1863-64. It was reprinted, with some additions, in a vokime of Mr. Mason's " I'arochial Sermons," published in 1865 : — "The Rev. Charles Mason was born in Portsmouth, New Hampshire, July 25th, 1812. His early education was conducted under the choicest home influences, both intellectual and moral. He inherited from his father a judicial cast of mind, habits of careful and accurate thought, and the tendency to form opinions on the deliberate weighing of argument and evidence ; while his mother's simplicity, modesty, and tenderness were happily blended in his boyhood with the attributes that gave presage of a genuine and self-sustaining manliness. " About the time when he would have entered college, he was seized with a danger- ous illness,'— the same disease that terminated his life, after an interval of thirty five years of almost uninterrupted health ; and for several months he was so feeble that the care and comfort of his home were deemed essential to his entire restoration. His father's library became his study and his recitation-room ; and here his consci- entious diligence and fidelity, his .maturity of judgment, his frankness, probity, and purity of character, gave full promise of all that he became in subsequent years. Seldom can there have been, at so early an age, so symmetrical a development. The recent death of an elder brother, of distinguished ability and excellence, had impressed him deeply, and combined with the religious instructions of his childhood to form that profound, yet cheerful seriousness which was hardly less the character- istic of his boyhood than of his riper years. " At the commencement of the summer term of 1829, he entered the freshman class at Harvard. Here he assumed and maintained a high rank as a scholar, though with but little ambition for college honors. Hfs aim was to satisfy his own conscience by the faithful discharge of every duty, rather than to acquire a brilliant reputation. He brought to his classical studies a discriminating taste; and in these, as also in metaphysical and moral science, he manifested a peculiar aptitude and proficiency. His choice of the Hebrew language as an elective study indicated his future profession ; and in this department he, with several of the brightest and best among his classmates, came under the tuition of the writer. In this little class were destined ministers of several difterent denominations, — Unitarian, Methodist, Bap- tist, Episcopal, — their teacher at the same time a theological student ; and the reci- tation-hour was often prolonged in friendly discussion of the great themes on which their views were so widely diverse, though with entire community and harmony of aim and spirit. " In these conferences, Mason bore his part with the firmness of settled conviction, but with a meekness, gentleness, and modesty which commanded the respect of the whole circle for himself and for the church of which he was the sole representative among them. The college course, though covering ostensibly nearly the same ' Typhoid Fever. 57 449 .Ari'KNiiix. 450 Appendix. Appendix. ground as at present (including, indeed, a larger minimum in the mathematical and ; classical depanments), made a much less heavy draft upon the time and labor of a good scliolar than it does now ; and Mason availed himself of his leisure hours for the perusal of the best authors, particularly of those early English classics which were his favorite reading through life, and which exercised a marked influence in the formation of his style. " He was graduated with honor in 1832, and spent the following year at his father's residence in Boston, in the study of the Greek and Latin classics and in theological reading. In the autumn of 1833 he entered the Andover Theological Seminary, ' in order to make himself better acquainted with the views of those who dilTered from the Church, and to be ably versed in the Hebrew language and Biblical learn- ing, then so well understood at Andover." The two following years were spent at the General Theological Seminary of the Episcopal Church in New York ; and, at the close of this term, he was ordained deacon by the venerable Bishop Griswold. In September, 1836, he was invited to become the Rector of Christ Church, Cam- bridge, but declined the invitation, in order to secure an added period for profes- sional study. " On the 1st of May, 1837, he was instituted Rector of St. Peter's Church, Salem ; and retained that charge for ten years, interrupted only by a European tour of a few months, at a time when health, somewhat enfeebled, rendered an interval of relaxa- tion necessary. His ministry in Salem was eminently successful, both as regarded the external growth and the spiritual prosperity of his church. ' Few men, in the course of a ministry of ten years, have ever made so deep an impression upon the respect and affection of any people, as that which was made by Mr. Mason upon young and old in the parish of St. Peter's. Succeeding such men as Bishop Gris- wold and Dr. Vaughan, it was a matter of grateful surprise to them to find him ex- hibiting, even in youth, so much of the meekness of wisdom that had characterized those beloved rectors.' Assiduous in his own field of labor, prompt, judicious, and persevering in all the offices of a Christian citizen, active in the administration of all local charities, courteous and kind in his intercourse with the ministers and mem- bers of other communions, he left not only a cherished place in the hearts of his parishioners, but a hardly less fond regard and enduring memory in the whole com- munity. " Domestic reasons, and especially tiie desire to minister to his father's relief and comfort in the growing infirmity of his advanced age, were among his strong induce- ments to resign a charge, which was relinquished only with mutual regret and under a controlling sense of higher duty. In 1847 he became Rector of Grace Church, Boston ; and the residue of his life was consecrated, with single-hearted zeal and diligence, to the duties of that office, and to the various and numerous departments of charity and philanthropy which demand the advocacy and effort of a Christian minister worthy of the name. ' The evidence of his usefulness is not only here, but Appeiidix. 451 in ail the region round about. Like tiie seed-cup blown from the tree, that takes root in adjoining gardens, so the constant outflow of migration hence has scattered the members of this parish into various churches of the neighborhood. For the last fourteen years, scores upon .scores, drawn together by his influence, have trans- planted, as it were, into other and separate fields, his pastoral culture. In this cure he e.xerted himself, even to the last, with a consecration of gifts, with an oblivious- ness of adventitious advantages, with a constancy to his post, with a patient pur- pose, and an untiring love, that realized the pattern of the true servant of Christ.' His professional work, from the time of his settlement here until his last sickness, was suspended only for a second and more prolonged European tour in 1858, in which he was accompanied by a part of his family. " His labors in Boston far exceeded the limits of his parochial charge. ' He was long a member of the standing committee of the diocese, and a prominent member of all its ecclesiastical and missionary councils, in all of which his genial presence is deeply missed. His social position, his excellent judgment, his sound, clear, and faithful preaching, his consistent Christian character, and his judicious and unfail- ing liberality, made his influence to be widely felt beyond the range of his own par- ish.' ' Whatever labor his circumstances might have relieved him from, they were never suffered to relieve him from a patient and sympathizing care of the poor, the sick, and the ignorant. He was one of the first to arrange a systematic visitation of the needy under the care of the rectors of Boston, and he carried it out in that part of the city geographically allotted to Grace Church parish.' At an early period of his residence in this city he associated himself with the principal founders of the association for the amelioration of the condition of the friendless poor, which is still among the most actively beneficent institutions in our community.^ When this agency was efficiently organized, he turned his attention to the neglected children of the city. For some years he connected missionary operations in their behalf with the charities of his own parish, enlisting the cooperation of benevolent persons among his parishioners. In 1853 he hired rooms for the reception of these suffer- ing children, and employed a female missionary to aid him in his endeavors to min- ister to their physical comfort and their moral and spiritual well-being. In 1855 his efforts had been so successful, and had become so extensively known, that the larger public were prepared to second him in providing a permanent asylum for the objects of his charity ; and the Church Home for Orphan and Destitute Children was estab- lished. It is impossible to estimate the extended and enduring good resulting to its beneficiaries, and to the whole community, from an institution of this class, in which children who would otherwise grow up in ignorance and vice are made the objects of a parental kindness, placed under the highest religious influence, and prepared for useful and respectable positions in life. "These special services, by introducing him to the poor as their devoted friend, ' The Boston Provident Association. Ari'KNnix. 452 Appendix. Appendix, i rendered him emphatically their minister. At all seasons, and in every way in which he could promote their good, he made himself accessible to their calls, familiar with their homes, and conversant with their needs. He forj;ot not that the preaching of tlie gospel to the poor was among the foremost of the prophetic designations of the i Christian era ; and no minister of Christ can ever have laid more solemn and in- ] tense emphasis than he did on this essential portion of his sacred calling. Nowhere, e.xcept in the hearts of his own household, can he have left so long and dear a re- membrance as in the obscure, needy, and suffering homes in which he so lovingly ministered, and in which he so often saved the stricken from despair, and rescued the tempted from ruin. " We need not say that such a life was a happy life. None enjoyed more than he, or contributed more generously to the joy of others. He had a sunny temper, was accessible to all the brighter scenes and aspects of nature and of life, and had the warmest sympathy with childhood and mirth, with everything glad and beautiful, with all that is genial in art and taste and the refinements of social culture. The fountain of youth, drawn from, it might seem, too sparingly in his grave and thought- ful boyhood, remained unwastcd, full, and clear to the very last week of his life ; he became young again w ith his children ; and in the ripe maturity of years, and under the weight of thronging cares and duties, he manifested even more buoyancy of spirit than before the responsibilities of life restetl heavily upon him. Dignity and modesty were so evenly balanced, that we could not say which preponderated. ' In- genuousness was strongly delineated on his features and manners, and he was ut- terly incapable of hypocrisy or deceit.' The most delicate courtesy governed him in all the relations of life. His was the politeness, based on the golden rule of the Gospel, which cannot say or do that to another which it would not have said or done in return. He could be severe against falsehood, wrong, or evil ; but no provoca- tion could betray him into personal invective or abuse, or make him otherwise than kind, even to those from whom he dissented the most widely, or whom he held in the lowest esteem. ' Those who knew him best, knew him as a skillful master of the art of reconciliation. He had both a disposition and a genius for this office of medi- ation. He had the rare ability to come quietly between separated parties without exasperating or irritating the one or the other. "' His mental action was distinguished by precision, justness, and accuracy. Neither emotion, prejudice, nor enthusiasm suppressed or distorted the jutlicial faculty. His strong, yet thoroughly disciplined feelings received law from his intellect, instead of sweeping it into their channel ; and they were both profound and quiet, because they flowed from well-grounded belief and thorough conviction ; while unreasoning emo- tion may roll in a torrent today, and be dry to-morrow. His mind thus had a con- tinuous growth and a symmetrical development ; and, to those who saw him only at somewhat distant intervals, he seemed more and richer at every interview. " ' He had more taste than fancy. With a strongly marked individuality, he indulged Appendix. in no eccentricities of speculation or utterance. A severely discriminating judg- ment, conformed to the higiiest standards, repressed all wayward tendencies of thought, and made his opinions always worthy of respect and deference. His learn- ing was at once extensive and thorough. A merited testimony to his reputation as a divine was paid to him by his Alma Mater in the degree of Doctor of Divinity, conferred on him in 1858, — a degree which he received in the same year from Trinity College, Hartford. He was especially conversant with the writings of the Christian Fathers, and of the early theologians of the English Church. In litera- ture he was most familiar with the best authors, particularly with the ancient clas- sics, and with the English writers of the Elizabethan age. He was greatly inter- ested in legal subjects, and, particularly in the latter part of his life, had instituted special studies in that department, with reference to an important ecclesiastical suit then and still pending. In historical pursuits, we found him a prompt and cordial helper in the deliberations of this Society, from whose meetings he was seldom ab- sent, and whose aims had his warm and constant sympathy and furtherance. Sev- eral of his discourses were published, by request, from time to time, besides various articles in religious and other periodicals, which often appeared without the author's name. His style as a writer was severely chaste and accurate ; seldom impassioned, never dull ; rhythmical, pointed ; elaborate without being involved ; adapted, per- haps, to the eye, rather than to the ear. His aim seemed to be the statement rather than the enforcement of the truth. He appealed to the judgment, rather than to feeling or imagination, Indeed, his method of composition was conformed rather to the more exacting standards of an earlier generation than to a time like the pres- ent, when sensational writing, preaching, and oratory can override with impunity all the barriers of taste, and even of reverence and decency. " ' Though his distinguishing characteristic might not be what the world calls elo- quence, yet he was distinguished for something better, — a boldness in defending the doctrines of the Gospel, a love of Christ, as the dearest of all themes, an all- absorbing interest in the salvation of the souls of men, thorough Scriptural knowl- edge, persuasive language, directness of appeal, simplicity of expression, with a humble and natural manner.' "Thoroughly a Churchman by conviction, taste, and sympathy, he was still more profoundly a Christian ; and while he never swerved from loyalty to his own church, his relations with clergymen and Christians of other communions were cordial and intimate ; and, to all who knew him, he seemed a single hearted, close, and earnest follower of his Saviour, loving all who loved the Lord, living only to do the Lord's work, and, diligent as he was in every form of Christian activity, yet performing a still larger and nobler service by an example and influence which made piety beau- tiful, lovely, and attractive. " Mr. Mason's domestic life, except for the shadow of one great grief, was singularly happy. On the nth of June, 1837, he married Susanna, daughter of the late Amos 453 Appkndix. 454 Appendix. Appendix. [ Lawrence, witli whose flimily he was already intimately connected. Mrs. Mason \ closely resembled her father in the traits of character which rendered him unosten- I tatious, as he was one of the truly illustrious men of his time. She made her home ' happy, and a centre of hospitality and benignant influence. With a rare grace, beauty, and attractiveness of mien and manner she united qualities that won the enduring respect and affection of all whose privilege it was to know her. She died, deeply lamented, on the id of December, 1844, leaving three daughters and one ' son. " On the 9th of August, 1849, Mr. Mason was married to Anna Flunlington, daugh- ter of the late Hon. Jonathan H. Lyman, of Northampton, a distinguished lawyer and a man of eminent ability and worth, who had been cut off midway on a success- ful and honored career of professional and public life. By this marriage he had another son and two daughters. Thenceforward few can have had so much enjoy- ment as he in all domestic and social aspects and relations, ' clouded, it is true, from time to time, by the loss of those most dear.' The death of another brother, ami, in later years, of his beloved and honored father and mother, and again, but three years before his own death, that of an elder sister, whose personal devotion to him and unwavering sympathy in every professional and social duty had been to him a source of great strength, and were held in ever grateful remembrance to the very close of his life, — all these events cast their deep shadows over his pathway. But no one ever lived with a happier assurance of the ' communion of saints,' or a more constant remembrance of heaven as our home. In his own words, 'the journey thither is by a pleasant wayside, but the happiest journey of all will be when that of life is over.' " Cultivating ever this cheerful fiiith, he worked on under all such bereavement and sorrow, ' praying so to be assisted with God's grace as to continue in holy fellowship with all the members incorporate in the mystical body of the Son, and to do all such good works as are prepared for us to walk in,' believing that ' we, with all those departed in the true fiiith of His holy name, shall have our perfect consummation and bliss, both in body and soul, in His eternal and everlasting glory, through Jesus Christ our Lord.' "Late in the winter of 186;, Dr. Mason made a brief and rapid journey to Wash- ington ; and returned, as he supposed, suffering under unusual and extreme weari- ness. He, however, seemed to recover from his fatigue, and, after a few days, re- sumed his duties, apparently in perfect health. But within a few weeks, symptoms of alarming disease were developed, and typhoid fever set in. While his conscious- ness remained unimpaired, he manifested, under great depression and pain, the serenity, self-forgetfulness, and kind consideration for those around him, which had characterized him through life. He knew that he was very ill ; but, before he had been made aware of the extremity of his danger, — indeed, while his physicians and friends still cherished some hope of his restoration, — he sank into painless dissolu- Appendix. tion on the morning of Sunday, March 23d, 1862. Funeral services were held at Grace Church on the following Wednesday, and the Bishop of the Diocese delivered an address commemorative of Dr. Mason's character and life, which was followed, at a meeting of the clergy immediately after the services, by another from his early friend and earliest pastor, the Rev. Dr. Burroughs, of Portsmouth." SURVIVING CHILDREN. The surviving children of Jeremiah Mason are three in number, — Miss Jane Mason, Robert Means Mason, and Mrs. Marianne Ellison, wife of Commodore Francis B. Ellison, U. S. N. They all reside in Boston. Robert Means Mason was married December 4th, 1843, to Sarah Ellen Francis, who died September 27th, 1865. They had six children, of whom three are living, — Bessie, wife of Robert Charles Winthrop, Jr. ; Ellen Francis Mason, and Ida Means Mason. Alfred, born 15th March, 1850; died 12th February, 1852. Anna Francis, born 18th January, 1852 ; died 2d November, i860. Clara Thorndike, born 26th February, 1854 ; died 23d September, 1868. Marianne Mason, now Mrs. Ellison, was married June 5, 1838, to Royal A. Crafts, who died May 25, 1864. They had two children, — James Mason Crafts, Professor of Chemistry in the, Massachusetts Institute of Technology, and Mary Elizabeth Crafts. The children of Charles Mason are all living, — Susan, wife of Dr. F. E. Oliver ; Amos Lawrence ; Sarah, wife of Dr. Hasket Derby ; Mary, wife of Howard Stock- ton ; Anna Sophia Lyman, Charles Jeremiah, and Harriet Sargent Mason. 455 Appendix. INDEX INDEX. Adams, John Quincy, 148, 149, 200, 210, 212, 269, 277, 281, 291. 293, 297, 302, 317- 319- Adams, Mrs. J. O., 191, 200. Addison, Rev. Mr., 99. Admiralty Jurisdiction, 183, 185. Admission at Yale, 7. Admission to the Bar, 21. Admission to N. H. Bar, 23. Ameha Island, 177, 189. Ames, Fisher, 36, 402. Anecdote of Sunday Travel, 417. Anti-Masonic Party, 357. Appleton, Rev. Jesse, D. D., 48, 63, 135, 22S, 229, 433. See Letters. Appleton, Mary, 99. Appleton, Mrs., 229. Appleton, Nathan, 447. Argument in Dartmouth College Case, 171. Ashburton Treaty, 365, 366. Attorney General, 42, 403. Autobiography, i. Avery Trial, 369. Bagot, Mr. and Mrs., 140, 216. Baldwin, Mr., 15, 17, 402. Bank Bill, 113, 114, 115, 1,6, 137, 139, 141. Banks and the Currency, 122. Bank of U. S., 125, 208, 213, 215, 227, 322, 430. Bankrupt Bill, 188. 192, 196, 214, 301. Barbour, Mr., 200. Barstow, George, 53. Bartlett, Ichabod, 424. Battle of Lexington, 4. Battle of New Orleans, 116, 118. Bayard, Mr., 81. Baylies, William, 244. Bell, Governor, 304, 308, 331. Biddle, Mr., 326. Bigelow, Timothy, 406. Binney, Horace, 326. Blake, Francis, 87. Blake, George, 67. Blake, Mrs. George, 68. Blake, John W., 32. Bliss, George, 244. Bonaparte, Mrs. Jerome, 69, 75, 78. Boston Provident Association, 451. Boston Town Meeting, 34. Bradley, Stephen Rowe, 18, 20, 22, 402. Branch Bank at Portsmouth, 321, 430. Brick School-house, 6, 39. British West Indies, 266. Brooks, Governor, 1S7, 211, 236. Burr, Aaron, 14, 37. Burroughs, Rev. Dr., 455. Butterlield, Erasmus, 25. Ind^.x. 460 Index. Index. Cabinet Appointments, 148, 149, 297. Courts of the United States, 278. Calhoun, 143, 274, 277, 281, 301, 362. Crafts, James Mason, 455. Calvert, Mr., 142. Crafts, Mary Elizabeth, 455. Cambridge College, 24. Crafts, Royal A., 455. Campbell, Hon. G. W., 59, 85. Crawford, Mr., 138, 148, 149, 156, 179, Candidate for the Senate, 293. 266, 269, 276, 281, 289, 291, 297. Capture of Washington City, 94, 95. Cutts, Hon. Charles, 53, 55. Case of the Argonaut, 311, 314. 317. Cutts, C. (Secretary of Senate), loi. Case of De Lovio v. Boit et al., 185. Cutts, Edward, 101. Case of La Jeune Eugenie, 260, 263. Champney, Judge, 23. Daggett, David, 173, 180, 190. Chancery Jurisdiction of N. H. Su- Dallas, 120. preme Court, 255. Dartmouth College v. Woodward, 16S- Channing, Mr. Tutor, 9, 10. 172, 221, 223. Chapin, Rev. Dr., 12. Daveis, C. S., 317. Charges against Mr. Crawford, 289. Dearborn, General, 82. Charles River Bridge Case, 335, 336. Death, 376. Chauncey, Mr. and Mrs., 67. Death of Dr. Appleton, 228. 229. Cheever, Dr., 443. Death of Robert Means Lawrence, 368, Chipman, Judge Nathaniel, 22. 439- Choice of a Profession, 12, 13. Death of Alfred Mason, 322. Church Home for Orphan and Destitute Death of George Mason, 434. Children, 437, 451. Death of James Jeremiah Mason, 358. Circuit Courts of U. S., 278. Death of Mr. Webster's Children. 373. Clarke, John J., 384. Death of Judge Story's Daughter, 332. Clay, Henry, 144, 178, 269. 275, 281, Dedication by Judge Story. 418. 288. 297, 357. 363. Delafield, Dr., 442, 446. Cleveland. Prof, 441. 444. Democratic Nomination for President, Clinton, Mr., 179. 273, 274. 137. 138. Coffin, Dr., 52, 433. Democratic Party, 94, 124, 139, 245, Coleman, William, 32. 325- College Rebellion, 12. Dennie, Joseph, 30. Commiltcc Labors, 64, 249, 255. Derby, Dr. Hasket, 455. Common Pleas, 21, 23, 25, 41. Derby, Mr. and Mrs. Richard, 87. Compensation of Members of Congress, De.xter, Mr., 134. 126, 136. Dexter, Samuel, 41, 406. Comstock, Mr., 108. Diary of Mary Mason. 368, 374. 437,441. Conduct of Causes, 3S7. Discomforts of Travel, 55, 57, 68. Conscription, Speech on, 102. Dissatisfaction, 37. Conversational Powers, 347. Dissolution of the Union. 89. Coppcrthwaitc, Mr., 321. Correspondence in Declining Life, 349. Eagle Tavern, Albany. 14. Index. 461 Early Education, 5. Francis, Sarah Ellen, 455, Imjk.x. Eastman, Mr., 293. Education of Ciiildrcn, 79. 135. Freeman, Peyton Rantlolph, 429. Freemasons, 25. » Edwards, Ninian, 289. Freshman at Yale, 8, Edwards, Pierpont, 12, 17. Election to Legislature, 245. Friendship with Mr. Webster, 43. Election to U. S. Senate, 54. Ellis, Rev, G. E., 39, Ellison, Commodore Erancis 1!., 455. Gallatin, Secretary, 63, 72, 82, 83, 216, 303- Geometry, 131. Ellison, Mrs. Marianne, 455, Ely, Rev. Ezra Stiles, 40. Gerr)-, Vice President, 107. Giles, Mr., 36, Ely, Rev. Zebulon, 39. Embargo Act, 70, 73, 78. Giles, Senator, of Va., 59. Gihnan, Governor, 35. Eminence as a Lawyer, 378. English Sentiment, 80, Enters Mr. Baldwin's Office, 15, Gilman, Hon, Nicholas, 52. 55. Goddard, Dr. John, 54. Goodrich, Charles B., 428. Eppes, Mr., 200. Errors of Massachusetts, 247, 24S, Gore, Hon. Christopher, of Mass., 59, 74. 78. 134. 207. See Letters. Eulogy upon Alfred Mason, 443. Eustis, Dr., 270. Goshen. Land in. 2, 401. Grandfather, Maternal, 2, • Everett, Edward, 421. Grandfather, Paternal, i. Griffin, Rev. Dr., 52. Fales, Stephen, 447, Family and Descendants. 431. Family in 1817, 167. Habit of asking Questions, 347,371,426, Habits of Life, 167. Farm at Westmoreland. 24, 27. Hackett, Wm. H. Y., 294. "Farmer's Museum," 31. Hall, Judge Lot, 20. Father, 2. 3, 10. 401, Federal Party, 52, 53, 54, 62, 124, 148, 156, iSo, 197, 211, 270, 282, 308, 389- 39°- Female Education, 97. " Field Marshal of Federal Editors," 32. Hall, Joseph, 34. Hamilton, General. 14, 32, Harper, Mr., 146. Harrison, General, 67, 72, 91. Hartford Convention, 106, 160, 237, 240, 27°. ii°- First Cause argued and won, 20. Haven, Nat. A., jun., 285, 286, 288. First Speech in Senate, 61. Fitch, Elizabeth, 401. Hill, Isaac, 305, 325. Hoar, Mr., 384. Fitch, James, 2, 13, 400. Fitch, Mrs., 6, 7, Fitch, Tutor (President), 11, Hobart, Bishop, 67. Holmes, John, 180. House at Portsmouth, 166, 167, Florida, 217, 218, 220, 241. Foreign Politics, 195. 198. Fourteenth Congress, 124, 143, Humilit)', 426. Importance of Good Handwriting, 129. 462 Inde: X. Index. I Importance of Religion to Women, iii. Impressions of Wasiiinglon, 61. ' Inciiiquin, 190. Inclination for the Law, 12. Jackson's Court Martial, 209, 210, 212. Jackson Debate, 214. Jackson, Judge, 271, 277. Jay's Treaty, 34, 36. Jackson, President, 325, 339, 357. 363. Jefterson, President, 52, 173, 250, 416. Journey to Rhineland, 438. Journey to Washington, 55, 66. Judicial Power of the U. S., 256,268, 279. Judiciary Establishment, 185. Judiciary of New Hampshire, 249. Justice's Courts, 20. Kent, Chancellor, 14, 263. 272, 416. Kentucky Elections, 319. Kentucky Horse Act, 145. King, Hon. Rufus, of New York, 59, 74, 78, 81, 107, 109, 134, 237, 265, 299, 303. See Litters. Kirby, Ephraim, 37. Ladd, Mr. A., 114. Lansing, Chancellor, 14. Last Illness, 374. Law Club, 372. Lawrence, Abbott, 339, 340. 343. 365. Lawrence, Amos, 343, 368. Lawrence, W. R., 422. Law Reports, 261. Law School of Judge Reeve, 13. Law Trials, New Haven, 12. Lawyers in Connecticut, 17. Lawyers in Vermont, 18. Lear, Colonel and Mrs., in. Lebanon, 39, 40, 401. Lebanon, First Parish, 7. Lee, Gov. Henry, of Va., 34. Legislature and the Courts, 26. Lorin^ C. G., 372. Letters from — Rev. Jesse Appleton, D. D., 224, 226. David Daggett, 180, 190. Edward Everett, 421. Charles B. Goodrich, 428. Christopher Gore, 120. 158, 173. 197, 210, 232, 235. 237, 248, 283. Rufus King. 122,161,175,179,203,206, 214. 220, 241, 243, 248, 268, 289, 300. William R. Lawrence, 422. Charles G. Loring, 372. Rev. J. H. Morison, 424. Professor A. S. Packard, 420. AVilliam Plumer, 152. W. Plumer, Jr., 421. Rev. J. S. Stone. 427. Joseph Story, 183, 263, 246. 306, 315, 2,1'^^ ZZ^^ 333- 335- 336- 363- Charles Sumner, 420. George Ticknor, 365, 419. Daniel Webster, 213, 218, 221, 222, 227, 244, 246, 258, 265, 274. 275. 281, 288, 290, 297, 298, 300, 303, 304. 318, 321, 327, 330, 340, 352, 355- 357> 362. 365- 367. 373- Letters to — Rev. Jesse Appleton, 48, 63, 70, 80, 89, 104, 163, 174, 226. Mrs. Appleton, 229. Christopher Gore, 147, 148, 157. 178, 188, 196. 211, 233, 236, 238, 270. Rufus King, 144, 159, 176, 187. 200, 205, 207, 212, 223, 231, 239, 245, 266. 286, 299. James J. Mason, 151. Members of Mr. Mason's Family after his Death. 419. Miss Mary E. Mason, 97, 98, 1 1 1, 117, 129. 13T, 146, 150, 202. Index. 463 Mrs. Mason, 55. 57. 60. 61, 65, 66, 67, Mason, Anna Francis, 455. Index. 68, 69, 74, 75, 76, 77, 78, 83, 85, 86, Mason, Anna Sophia, 455. 87, 88, 91, 92, 95, 96, 99, 100, loi, Mason, Rev. Charles, J). 1)., 97, 343, 102, 103, 108, 109, 110, II2-H6, 374, 375. 433. 438, 448, 455- 118, 119, 127, 129. 131, 132. 133, College Course, 449. 134, 135' ijfi' 137. 138, 139- 140, Domestic Life, 453. 141, 142, 419, 420, 421. Early Education, 449. R. M. Mason, 422, 424, 427, 428. Hebrew Class. 449. ^Villia^l riunier, 152. Labors and Inllueiice in IJoston, 451. Joseph Story, 182, 185, 228, 230, 259, Mental Action, 452. 260, 272, 273, 284, 307, 313, 317, Rector of Grace Church, Tioston, 450. 333' 335- Rector of St. Peter's Church, Salem, George Ticknor, 35S, 364. 45°- Daniel \Vebster, 2 78, 286, 308, 309, Sickness and Death, 454. 312. 319, 328, 330, 337, 350, 354, Sunny Temper, 452. 366. Theological Studies, 450. Livermore, Edward St. Loe, 37. Mason, Mrs. Charles, 438, 454. Livermore, Judge, 29> Mason, Charles Jeremiah, 455. Livingston, Mr. and Mrs., 74. Mason, Clara Thorndike, 455. Lord, John P., 45. Mason, Daniel, 39. Longevity, 2, 401. Mason, Ellen Francis, 455. Lyman, Jonatlian H., 454. Mason, General (of Va.), 76. Mason, George Means, loi, 113, 227, Madison, Mrs., 69, 77, 95, 99, 137. 273' 375, 433- Madison, President, 60, 69, 72, 81, 99. College Course, 433. March, Charles, 442. Death, 434. Marriage. 42. Early Studies, 433. Marsh, Charles, 17. Journey to (?hio, 434. Marsh, Judge, 17. Legal Studies, 434. Marsh, Miss., 85. Mental Character, 434. Marshall, Judge, 31, 172, 306, 313. Mason, Harriet Sargent, 455. Mason, Alfred, 129, 131, 151, 322, 433, Mason, Ida Means, 455. 441, 447. Mason, James Fitch, 3, 6. Character, 445. Mason, James Jeremiah, 97, in, 129, Education, 441, 443. 131- 151- 343' 35S' 433' 441- Eulogy, by Dr. Cheever, 443. Character, 448. Medical Studies, 442, 444. Commences Business in Boston, 447. Partiality for Natural Science, 441, Death, 358, 448. 443- Early Education, 447. Sickness and Death, 332,442, 446. House of J. AV. Paige & Co., 447. Mason, Alfred (2d), 455. Marriage, 448. Mason, Amos Lawrence, 455. Removal to N. Y., 447. 1 464 Index. 1 Indkx. Mason, Miss J.mu. 97, 113, 135. 258, Morison, Rev. J. H., 424. 317, 455- Morrill. David L., 190. Mason. Jeremiah (nephew), 3. Mother, 2, 4. 401. Mason, Colonel Jeremiah, 2. Motion to reduce Army. 144. Mason, Deacon Jeremiah, i. Mrs. Monroe's Drawing-room. 181. 191. Mason, Captain John. 1, 39, 233, 400. Mason, Jonathan, 1S7. Navigation Act, 201, 204, 205. Mason, Marianne, 455. Negotiations at Ghent. 105. Mason, Mary, 455. New Hampshire Judiciary. 153. Mason, Mary Elizabeth, 96. loi, 109, New Hampshire Politics, 329. III, 113, 140, 25S, 260, 317, 368, New Hampshire Resolutions, 335. 374- 433. 435- See Letters. New Hampshire, State of. 23. Character, 436, 437. New Organization of U. S. Courts, 182, Devotion to her Father, 436. 184, 185. Diary, 436, 437, 441. " N. Y. Evening Post," 32. Moral and Spiritual Growth, 435. Obituary, 440. Obituary of Miss Mary E. Mason, 440. Mason, Mrs., 148, 317, 332, 336, 362, Offered position of Chief Justice of N. 364,431. ^te Letters. H., 152. Mason. Robert Means, 97, iii, 422, 424, Ohio Resolutions, 255. 427, 428, 455. Olcott, Hon. Simon. 52. Mason, Mrs. R. M., 455. Old School New England Clergj-men, Mason, Sarah, 455. 40. Mason, Susan, 455. Oliver, Dr. F. E., 455. Massachusetts Claim. 191, 211. Otis, Mr., 18S. 237. 240, 270, 2S4. Massachusetts Convention, 258, 259. Our Government, 90, 104. Massachusetts Legislature. 83. 89. Mead, Rev. Mr., 77. Packard, Prof. A. S., 420. Meade, Richard W., 192. Paige, J. W. & Co., 343, 447. Means, Miss Mary, 42. Panama Question, 301. Means, Colonel Robert, 42. Paper Bank, 121. Member of the N. H. Legislature, 245, Parker, Hon. Nahum. 52. 53. 249. 255. 293. Parsons, TheopiiiUis. 41, 348, 388, 406. Mercer, Charles V., 190. Payne, Edward, 232. Method in Cross-e.xamination, 383. Payne, Wm., 232. Missouri Slave Question, 231, 235, 240, Payson, Miss, 98. 243, 245, 247. Peabody, Rev. A. P., 44S. Monroe, James, 137, 138, 14S, 157, 158, Peace Society, 349. 160, i6i, 199. Pequot War, 39, 233. Monroe's Cabinet, 192. Perkins. Tutor, 11. Monroe's Successor, 187. Personal Appearance, 377. Moore, Colonel, 23. 24, 28. Personal Religion, 224, 226. Index. 465 Phelps, Oliver, 33. Professional Success, 42. Indi-.x. Pickering, Colonel. 31. Public Affairs in 1813, 63, 65. Pickering, Wm., 326, 430. Pickering's Reports, 345. Randolph, John, 128, 130, 132. Pierrepont, Dr., 442, 444. Reasons for Resignation of Seat in Sen- " Pig .■\ction," 26. ate, 155, 157. Pinckney, Charles Cotesworllv, 52. Reelection to N. H. Legislature, 255. Pinkney, Hon. Win., 124, 128, 201, 213, Religious Character, 390, 407, 427, 428. 218,263. Remarks on the Autobiography, 39. Pinkney's Embassy to Naples, 199, 201. Reminiscences by Francis Bassett, Esq., " Plowden's Commentaries," 30. 415- Plumer, Hon. Wm., 52, 152. Reminiscences by Mr. I,ord, 45. Plumer, Wm. Jr., 294, 421. Removal to Boston, 342. Potter, Dr. Horatio, 374. Removal to Portsmouth, 38. Politics of N. H., 52-55. Report on Manufactures, 337. Political Opinions, 54, 389. Report on the Ohio Resolutions, 256. Political Prospects, 178, 179. Report on Virginia Resolutions, 250. Political Prospects in England, 359. Republican Party, 52, 169, 293. " Portfolio," 31. Resignation of Judge Sherburne, 285. Portsmouth, 37. 164. 342, 403, 431. Resigns his Seat in U. S. Senate, 155. Portsmouth Fire, 75. Resumes Professional Life, 164. Presence of Mind, 425. Retirement from Active Practice, 363. President Monroe in Boston, 158, 161. Revolutionary Officers and Soldiers, 203. President Monroe in New York, 162. Revolutionary War, 3. President Monroe at Portsmouth, 163. Rhinelander, Dr. and Mrs., 438. President Monroe's Journey, 158-163, Richardson, Chief Justice, 429. 173. 174- Rockingham Memorial. 53. President of Branch Bank at Ports- Russell, Tutor Talcott, 10. mouth, 322. Presidential Candidates, 264, 269, 281, Sargent, Mrs., 128. 287, 290,317,355,357,361. Saybrook Platform, 15. Proceedings upon Mr. Mason's Death, by Scene in a Court Room, 3S4. The Circuit Court of the United Scill, Major, 14. States, 410. Scott, Sir William, 20S. The Court of Common Pleas in Ports- Sedgwick, Judge, 13. moutii, 412. Senior Year at Yale, 11. The Merrimack County Bar, Settles down for Practice, 24. The Rockingham Bar, 411. Seventy-sixth Birthday, i. The Suffolk Bar, 397. Sheafe, James, 281. The Supreme Court of Mass., 399. Sherburne, Judge, 285, 286. Professional Journeys, 168. Sherman, Roger, 15. Professional Life in Boston, 345. 59 Smith, General, 240, 242. 466 Index. Index. Smith, Jeremiah. 41, 42. 403. Treaty with Spain, 217, 218. 220. Social Life in I'ortsmouth, 165. Tributes to Mr. Mason, by — South American Question, 194. Hon. Samuel D. Bell, 413. Speech on Conscription Bill, 102, 107. Mr. Choate, 397, 415. Speech on Constitutional Amendment, Mr. Hoar, 415. 126. Ira Perley, Esq., 414. Speech on Embargo Bill, 74, 78. Hon. John Porter, 412. Standing at College. 10. Robert Rantoul, Jr., Esq., 410. Stiles, President, 8, 11. Chief Justice Shaw, 409. Stockton, Howard. 455. Mr. Webster, 399. on, Julia, 283. Judge \\'oodbury, 271, 411. .-'nin.. Rev. Dr., 6, 12. Troy, New City of, 14. Stone. Rev. J. S., 427. Trumbull Family, 40. Story's Commentaries, 363. Trumbull, Governor (the elder), 6. Stor)', Joseph, 42, 173, 208, 222, 244, Tyler, Judge Royal, 32. 266,319,346,416,425- See Z^//«-f. Story, Mrs., 272. 306, 317, 333' 334- Uncas, the Indian Sachem. 3, 39, 234, 401. | Stowell, Lord, 277. Upham, General, 329, 331. Students at Law, 25. U. S. Senate, 58, 63, 71. Studies Law, 15. Usury and Usury Laws, 48. Sullivan, Geo., 424. Sumner, Charles, 420. Van Buren, 341, 353, 356, 361. Supreme Court of the U. S., 260, 268, Vermont, Bar of, 22. 278. Vermont, State of, 17, 22. Surviving Children, 455. Vinton, Rev. A. H., 377. Swan, Mr., 219. Virginia Land Agency, 33, 36. Virginia Resolutions, 234, 243, 245, 246, Tait, Judge, 190. 249, 250. Taylor, John of Caroline, 250. Visit to Mr. Ticknor, 365. Tazewell, Mr., 266, 281, 315. Thirteenth Congress, 55. 59, 60. Walbach, Colonel, 75. Thirteenth Congress, Second Session, 64. Walbach, Mrs., 75. Thirteenth Congress, Third Session, 93. Waldo, Daniel, 10. Thorndike, Elizabeth Frances, 448. Walpole, N. H., 28. Thurston, William, 25. Ware, Dr., 375, 376. Ticknor, Mr., 343, 346, 358, 364, 365, 419. War of 1S12, 53, 55. 65, 94. Ticknor, Mrs., 362. Washington, Bushrod, 35. Tisdale, Master. 6, 401. Washington, President, n, 34, 35. Tompkins, — 241, 242. Webster, Daniel, 42, 53, 55, 58, 75, 109, Treasury Department, Resolutions re- 115. 116, ii8j 142, 199, 245, 285, 292, specting, 83, 84, 85. 309' 3 «4- 346, 382, 399' 416. 425- See 1 Treaty of Peace, n8, 119. Letters. Inde:x X. 467 Webster, Mrs., 75, 148, 2S3, 289, 292, 309, 327. Webster's Dartmouth College Argument, 171. Webster's Discourse on Adams and Jef- ferson, 30,7. Webster's Estimate of Mr. Mason, 393, 403' 405- Webster's Illness, 309. Webster's Report on Compensation Law, Webster's Return to the Senate, 367. West, Mr., 23, 26, 28. Westminster, Vt., 18. 20. Westmoreland, N. H., 23. Wiiiting, Judge, 14. Whiting, Mrs., 13. Whiting, Samuel, 13. Wilde, Mr. Justice, 384. Widow's Society, 437. Williams, Colonel Wni., 7. Wirt, William, 219, 221, 264. Woodbury, Levi, 293, 295. Woodworth. Classmate, 14. Woolen Manufactures, 337, 350. " Writs of Right," 429. Indk.x. ;t?.-J.U.'-/J.-.^.-'.^iJM'>':lti?'.«':j iRRARv nc f n.Njnqccc 011 83S 668 1