vv «* *^<* '#• » *bV w «r t • e o » • r A6< V %^V V*^V V^V V ^/iKfcV ,/y^.A. V.4 V*^* ^ *bV* * ^ 4 c*^ 0* 4.0 ^V t o . > 4 ^ *. * V £ • « * .v* .*' ■> BOSTON LAW BOOK CO. 8 Pemberton Sq. Boston, Mass. Copyright, 1917 BY BOSTON LAW BOOK CO. 3 DEDICATION This book is gratefully inscribed by the editor and reviser to the first of the "Noble Three Hundred" subscribers for the Memoir before publication, thus mak- ing its issue possible. Among these are the following: Wells H. Blodgett, St. Louis, and Hon. W. W. Graves, Jefferson City, both of Mo.; Gardiner Lathrop, Chicago, E. B. Hamilton, Peoria, both of 111.; Harvey D. Goulder, Cleveland, Mortimer Matthews, Cincinnati, both of 0.; Edgar T. Brackett, Saratoga Springs, Julien T. Davies, N. Y. C, both of N. Y.; Jas. Gay Gordon, Philadelphia, S. M. Hazlett, Pittsburg, both of Pa.; Hon. Robt. F. 'Raymond, Boston, Wilmore B. Stone, Springfield, both of Mass.; Fred W. Lawrence, Showhegan, W. R. Roix, Presque Isle, both of Me.; Daniel Davenport, Bridgeport, Wm. H. Shields, Norwich, both of Conn.; Wm. P. Sheffield, Newport, R. I.; Waldron M. Ward, Newark, N. J.; Hon. Wm. B. Sawyer, Concord, Irving W. Drew, Lancaster, both of N. H.; Fred A. Baker, R. A. Parker, both of De- troit, Mich.; Messrs. Bouck, Hilton, Kluwin & Dempsey, Oshkosh, and Burr W. Jones, Madison, all of Wis.; Wm. D. Mitchell, St. Paul, C. J. Rockwood, Min- neapolis, both of Minn.; A. G. Sampson, Davenport, W. E. Mitchell, Council Bluffs, both of la.; Sharpless Walker, Miles City, Ransom Cooper, Great Falls, both of Mont.; Jess Hawley, Boise, J. C. Rogers, Burley, both of Idaho; Geo. A. Bangs, Grand Forks, S. D.; Clarence M. Beck, Salt Lake City, Utah; L. Ward Bannister, Denver, Sam'l H. Kinsley, Colorado Springs, both of Colo.; Jas. B. Howe, Seattle, Chas. 0. Bates, Tacoma, both of Wash.; Wm. M. Abbott and S. H. Derby, both of San Francisco, Calif.; F. Dumont Smith, Hutchinson, Kans.; Harry Campbell, Tulsa, Okla.; E. J. Smith, Nashville, Marion Griffin, Memphis, both of Tenn.; Hon. Nelson Phillips, Austin, F. M. Etheridge, Dallas, both of Texas; David L. Withington, M. B. Henshaw, both of Honolulu, Hawaii Territory; Herman Lewkowitz, Phoenix, Ariz.; Arthur F. Odlin, Arcadia, Fla.; also New York Public Library and N. Y. Historical Society, both of N. Y. City; Ky. State Library, Frankfort, Ky. The Biddle Law Library, Philadelphia, Pa. and Two Hundred and Fifty more "immortals." ERRATA. 1. Mrs. Jerome Bonaparte, wife of the younger brother of Napoleon I, is here meant. She was before marriage to Jerome Bonaparte, December, 1803, Miss Elizabeth Patterson of Baltimore, Md. They were divorced in 1805. Note "b," p. 08. 2. The same person, Mrs. Jerome Bonaparte, is meant, instead of Mariae Rose Josephine, wife of Napoleon Bonaparte, at page 73, Note "a." 3. Read "Wirt" instead of "Wist," note "c," 2nd word, p. 187. 4. Read "us" instead of "as,"— 6th line; and "our" instead of "out,"— 11th line, p. 198. PREFACE TO EDITION OF 1873. I was asked by my friend, Mr. Robert Means Mason, to prepare from materials furnished by him, a Memoir of his father, Mr. Jeremiah Mason. He was desirous that such of his father's descendants as had never seen him 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 request, 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 surviv- ing 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 Wheel- wright, 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, June, 1873. ( a ) George Stillman Hillard, an American lawyer and author, was born at Machias, Maine, on the 22nd of September, 1808; after graduation at Harvard vi PREFACE College, in 1828, he taught in the Round Hill School at Northampton, Massa- chusetts; graduated at tlte Harvard Law School in 1832, and in 1833 was ad- mitted to the bar in Boston; entered into a partnership with Charles Sumner; was a member of the State House of Representatives in 1836; of the State Senate in isr>0; of the State Constitutional Convention, in 1853; and was United States Attorney for Massachusetts, 1866-70. He devoted a large portion of his time to literature, receiving high commendation from C. H. Hill, a compentent critic, for the literary merit of this Memoir, and as a legislator won warm commendation from Daniel Webster. In 1833 he edited the Christian Register. Subsequently he became associated with Mr. Sumner in the publication of the Jurist (1829-43), a legal journal to which Charles Sumner, Simon Greenleaf and Theron Metcalf contributed; and from 1856-61, owned an interest in the Boston Courier, of which he was associate editor until he retired at the beginning of the Civil War. In HIT he delivered a course of lectures before the Lowell Institute. Trinity gave him the degree of LL. D., in 1857. His addresses include a 4-th of July Oration (Boston, 1836), Dangers and Duties of the Mercantile Profession, delivered before the Mercantile Library Association (1850), and an oration before the N. Y. Pil- grim Society (1851), a eulogy on Daniel Webster (1852). He was the author of the privately printed Memoirs of James Brown, and of Jeremiah Mason, and a Life of Captain John Smith for Spark's American Biography; published the Prac- tical Works of Edmund Spencer, with a critical introduction (1832) ; a transla- tion of Guizot's Essay on the Character and Influence of George Washington (1840); a Memorial of Daniel Webster; and Six Months in Italy (1853); Life Campaigns of George B. McClellan (Philadelphia, 1856) ; Political Duties of the Educated Classes, a pamphlet (Boston, 1866), and Life of George Tichnor, with Mrs. George Tichnor, (Boston, 1873). He also published Selections from the Writings of Walter Savage Landor (1856) ; besides a series of School readers and many articles in periodicals and encyclopedias. He died in Boston, January 21, 1879. FOREWORD TO EDITION OF 1917. This Reproduction of the Memoir of Mr. Mason has been undertaken, for the reason that it is believed, the delineation of the career of the greatest com- mon-law lawyer this country has produced, cannot but be helpful to the busy lawyer of today. The edition of 1873, printed by the family, in a limited 200-copy edition, for private circulation, has become exceedingly scarce, and consequently i very expensive, varying in value from $40 to $60 per copy, — one copy, inter- leaved with cuts, and bound in two volumes, selling recently to a leading Mis- souri lawyer for $125. Mr. Mason's superiority as a lawyer lay in his solid qualities, exact knowl- edge of the law, and great skill in applying it. An expert in examination and cross-examination, he drew from a witness, just what he desired and no more. He. was enabled to do this as he knew exactly what he wanted. He never went to trial without talking with his witnesses, beforehand, and, therefore, knew what they were going to say. He was a profound student of human nature, never perturbed, of unerring judgment, and possessed rare common sense, — an "un- common" endowment. While not an orator, in the common acceptation of that term, he ranked not with Erskine, Brougham, Pinkney, Webster and Choate, but rather with the three greatest verdict winners in the history of the profession, — Dunning, Scarlett and Luther Martin. The author believes that the careful study and appropriation of the knowl- edge and methods of the great masters in the exacting profession of the law, cannot but be beneficial to the practitioner of today. We know of no better model, in all the elements that lead to success, than Mr. Mason. A close study of this Memoir, will lead any careful student, it is believed, to the same conclusion. A somewhat extended study of the lives of judges and lawyers during the last twenty-five years, over a period covering five hundred years of time, has pro- foundly impressed us with the fact that nearly all of our masters in the law, have familiarized themselves with the methods of their predecessors and con- temporaries. Especially is this true of Erskine, Brougham, Romilly, and Scarlett of England; and Wirt, Pinkney, Webster, Choate and Prentiss, of America. viii FOREWORD This edition is limited to 1,500 numbered copies. Fifty-one illustrations have been added, and ninety-eight annotations to the text (including the Latin trans- lations), which it is believed will enliven and illumine the work. The Arabic figures in parentheses, throughout the text, indicate the bottom of the page in the 1873 edition. This double paging makes either edition available for his- torical reference. The author's notes are indicated by lower-case letters of the alphabet, as distinguished from Mr. Hillard's notes, in the original edition, in- dicated by Arabic figures. For a cursory view of Mr. Mason's life and work, examine his Autobiography, pp. 1-36, inclusive. While it covers but twenty-nine of his eighty years of life, it is first-hand information, modestly told. Study, also, John P. Lord's Recollections, pp. 43-45, inclusive, for a glimpse of Mr. Mason's office methods; the Dartmouth College Case, pp. 162-167, inclusive, to observe the grasp of the great principles in- volved in that epochal case; his Eminence as a Lawyer, by Geo. S. Hillard, showing wherein he excelled others in his legal acumen, pp. 366-384, inclusive; Webster's Memorial Address, pp. 390-405, inclusive, — for a resume of his entire life; and Rev. J. H. Morison's letter to R. M. Mason, pp. 427-432, inclusive, for a reminiscent communication of incidents and anecdotes. Thanks are due Hon. Oliver H. Dean, President of the Kansas City School of Law, the Nestor of the Kansas City Bar, for the Introduction to the Memoir, which he was kind enough to prepare, amid the exacting cares of a busy pro- fession; and to Charles M. Ingraham, Esq., not only a leading member of our local Bar, but a connoisseur in the classics, for translating the many Latin pas- sages abounding in the work. While much labor and time have been expended, in putting forth this reprint, upon the whole, it has been a work of pleasure and inspiration. Kansas City, Mo., Dec. 10, 1917. G. J. CLARK. INTRODUCTION When we record the life of a person which has been particularly honorable and useful, whose influence has exerted itself in a valuable way in many im- portant phases of our history, whose principal features furnish inspiration and courage to all who may study it. and when in that study is found much to im- mitate and when also, in that study is discovered a mind that is broad and gen- erous and through which our own is broadened and softened, what better work can be undertaken than to publish the history and merits of such a life? The best view that can be obtained of times and conditions is found in the biographies and autobiographies of the men who prominently figured in their times. The world would be dark as to many things if it were not for Plutarch's Lives; and would not much be lost to us if we were not brought, by biography, in close contact with the work of the men who performed influential parts in the formative period of the American Republic? The great experiment, as it may be truly said to have been an experiment, to launch in the Western world a Republican form of government, in which in- dividual liberty would be combined with safety and order, was fraught with many difficulties and dangers. The experiment had miserably failed in previous times. The first forty years of our own history was filled with doubts; and arguments were frequent, constant, why our form of government could, and ought, to con- tinue to exist. Washington in his Farewell Address recognized this doubt. He said: "Is there a doubt, whether a common government can embrace so large a sphere ? Let experience solve it. To listen to mere speculation, in such a case, were criminal. We are authorized to hope, that a proper or- ganization of the whole, with the auxiliary agency of governments for the respective subdivisions, will afford a happy issue to the experiment. It is well worth a fair and full experiment. With such powerful and ob- vious motives to union affecting all parts of our country, while ex- perience shall not have demonstrated its impracticability, there will al- ways be reason to distrust the patriotism of those who, in any quarter, may endeavor to weaken its bands." XII INTRODUCTION The philosophy of our governmental institutions necessarily is that no in- dividual can in the affairs of life succeed without benefiting his fellowmen. If a man is a great artist, poet, writer, educator, surgeon, physician, inventor, or scientist, his work must result for the benefit of humanity. If a man is a suc- cessful farmer, it is because he cultivates his fields intelligently, for the benefit of his fellowmen, who will consume what they bring forth. If he is a successful manufacturer and establishes great industries, he does it only because Tie man- ufactures something the public highly needs. If a successful merchant, he buys wisely and sells better goods at a more satisfactory price to his patrons — goods needed to satisfy the wants or tastes of the people. If a railroad is built, a gas or electric light plant is established, or telephone or telegraph lines are con- structed across the country, or ships are built to navigate our lakes or seas, or boats, our rivers, all by private enterprise, it is because there is need for them, and the public is benefited by them. If great financial institutions arise, they are based upon the prosperity of our country and are a necessary part of its growth. It follows, that every kind of work, business enterprise, profession and pursuit, is administered to meet a public want, and if that want does not exist, in any of these things, there can be no success in it. It follows, then, that in the final analysis, all that society gets for its own uses and benefit, it gets almost wholly through the private administration of private affairs for the social good. It follows, too, that the individual who honestly works with the greatest industry and who brings to that work the highest intelligence, or even genius in the end, is performing the highest and best work for society as its chief beneficiary. When a man by nature has been given great talents, when through those talents he has overcome the difficulties which poverty threw around his early Career, when he has used those talents in a learned profession, and by them has ennobled it, when he was so fortunate as to have lived during a constructive period of American History, and when he could exert upon courts, senates, leg- islatures and the people broad, patriotic and profound views of government, and when he exhibited, in all that he did and said, a thorough belief in our political structure, and could defend it and spread its value among every class as only a few of his day had the ability to do, it is well to turn to his life and hold it up to public view. INTRODUCTION xiu The country owes much to Jeremiah Mason, and a generous and gracious task is performed by Mr. Clark, when new attention is called by him to his worthy and useful life. Kansas City, Mo., Dec. 14, 1917. OLIVER H. DEAN. CONTENTS CHAPTER I. Page Autobiography 1 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. . 37 CHAPTER III. Letter to Dr. Jesse 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. Jere- miah Mason and to Dr. Jesse Appleton. ....... 46 CHAPTER IV. Letter from Mr. Christopher Gore. — Letter to Mr. Rufus King. — Mr. Mason's Congressional Life till the Close of the Fourteenth Congress. — Domestic Correspondence. — Correspondence with Dr. Jesse Appleton, Rufus King, and Christopher Gore. — Mr. Mason declines the Office of Chief Justice of the Superior Court of New Hampshire. 117 CHAPTER V. Mr. Mason resigns his Seat in the Senate of the United States.— Letters to Christopher Gore and Rufus King, informing them of the Fact, and their Replies. — Letter to Dr. Jesse Appleton on the same Subject. — Portsmouth in the Early Part of the Century.— Mr. Mason's Professional and Domestic CONTENTS xv Life. — The Dartmouth College Case. — Correspondence to the Close of the Year 1818 with Christopher Gore, Rufus King, David Daggett, and Judge Joseph Story. , . 150 CHAPTER VI. Correspondence during the Years 1819 and 1820. — Letters to and from Rufus King, Christopher Gore, Daniel Webster, Dr. Jesse Appleton, and Judge Joseph Story. — Mr. Mason a Member of the New Hampshire House of Representatives in 1820. — Report and Resolutions upon certain Resolutions of the State of Virginia upon the admission of Missouri, sent to the Gov- ernor of New Hampshire 204 CHAPTER VII. Correspondence to the Close of 1824. — Letters to and from Rufus King, Christopher Gore, Judge Joseph Story, and Daniel Webster. — Mr. Mason, in 1824, a Candidate for the United States Senate. — Causes of his Defeat. 251 CHAPTER VIII. Mr. Mason'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 Manag- ing its Business. — Opposition awakened by his Course. — Successful De- fense against the Charges brought against him 291 CHAPTER IX. Mi\ 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. 333 APPENDIX. Proceedings in Massachusetts and New Hampshire, on the Death of the Honorable Jeremiah Mason. ......... 387 INDEX. Complete Index. — Synopsis of Main Events in Jeremiah Mason's Career, — under "M," in Index 477 LIST OF ILLUSTRATIONS Page Abbott, Lawrence 194 Adams, John Quincy 354 Ames, Fisher 322 Appleton, Rev. Jesse 98 Bartlett, Ichabod 194 Binney, Horace 194 Burr, Aaron 34 Calhoun, John C 194 Choate, Rufus 354 Clay, Henry 258 Coleman, William 354 Crawford, William H 258 Daggett, David 354 Dennie, Joseph 258 Dexter, Samuel 258 Everett, Edward 194 Gore, Christopher 322 Hamilton, Alexander 258 Hoar, E. Rockwell 354 Jackson, Andrew 194 Jefferson, Thomas 306 Kent, James 322 King, Rufus 306 Lee, Henry 322 Livingston, Robt. R 146 Madison, Dolly 210 Madison, James 194 Page Marshall, John 114 Mason, Jeremiah (aged) . . . Frontispiece Mason, Jeremiah, (young) . 274 Mason, Mrs. Jeremiah 290 Parsons, Theophilus 258 Peabody, George 306 Pickering, Timothy 258 Pinckney, Charles Cotes- worth 242 Pinkney, William 306 Randolph, John 194 Shaw, Lemuel 18 Sherman, Roger 306 Smith, Jeremiah 322 Story, Joseph 258 Sumner, Charles 306 Ticknor, George 354 Tompkins, Daniel D 322 Trumbull, Jonathan 322 Van Buren, Martin 354 Washington, Bushrod 322 Washington, George 354 Webster, Daniel 66 Wirt, William 306 Woodbury, Levi 306 MEMOIR OF JEREMIAH MASON. - CHAPTER I. AUTOBIOGRAPHY. ON this twenty-seventh day of April, 1844, being my seventy-sixth birthday, 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 profession, 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 or- dinary events relating to me may seem to be interesting ; and although I have myself acted no important 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 coun- try ; of some of these I may occasionally speak. I have always supposed that I was descended from John Mason, a captain in Oliver Cromwell's army, who 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, (1) and a MEMOIR OF JEREMIAH MASON. daughter. His relation to John Mason I have not been able to as- certain. My grandfather was born in the year 1705, and died in 1779. I well remember being at his funeral.'" 1 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 have seen his epitaph in Latin, which represents him as having been a man celebrated for his learning and piety. My grandfather was 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 six 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 (2) a Mason was then 11 years old. MEMOIR OF JEREMIAH MASON. great-grandfather from Uncas, the Indian sachem of that 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 I 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 pleasant 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 un- fortunate campaign, he came home sick. He continued in the com- mand 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 im- portant service was rendered, gained him credit, and was said to be the cause of his being appointed to the command of Fort Trumbull, at the mouth of New London harbor. This he (3) 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 —2 MEMOIR OF JEREMIAH MASON. express his regret that he had not early in the war entered the Con- tinental 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 (4) hastily passed on his way. The whole family was instantly in com- MEMOIR OF JEREMIAH MASON. 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 the 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 might 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 want 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 study and instruction were fixed on, but the instruction (5) MEMOIR OF JEREMIAH MASON. 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 me 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 with 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 venerable old building and substituted in its place a flimsy wooden erection. (6) MEMOIR OF JEREMIAH MASON. 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. 1 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 governor of the State, was the chief ruler of the synagogue. He was a venerable man, with the reputation of much learning. He had for assistants his son-in-law, Colonel William Wil- liams, one of the signers of the declaration of Independence, his son, the late governor, and three or four others who claimed pre-eminence 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 exper- ienced in finding a suitable 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 Wil- liams, 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 re- ligious observances proper for the 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. (7) 8 MEMOIR OF JEREMIAH MASON. 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 duty was confined to preaching on Sundays, and who had nothing to do with class instruction. The tutors were usually young men who had been out of college only one or two years, and re- tained their places for short periods only. The college was almost en- tirely 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 professor of divinity. The tutors' salaries and all other expenses, were to be indemnified by tui- tion 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 en- forced. President Stiles had excellent 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 usual I had been examined and was admitted at the time of Commencement, and at the end of the ensuing vacation I returned 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 in- closure was called), a man booted and with a horsewhip in hand, ap- proached 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 govern- ment 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, (8) nobody was there; after looking again for the bell rope and finding none, and feeling a little indignant at the rude MEMOIR OF JEREMIAH MASON. 9 treatment I had received, I left the chapel and returned to my inn. There I found several of my classmates, with whom I soon became ac- quainted. 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 was deemed an improper subjection to the members of the other classes. The su- periors 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. Whatever 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 Sopho- mores for the purpose of vexation. We were unanimous in its con- demnation as tyrannical and degrading. The next morning I attended prayers at the chapel, after which all my classmates that were present were directed to repair to a certain room in college, where we were met by Mr. Perkins, our tutor, who ex- plained 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 be- fore, who immediately recognized me and ordered me to come to his room, which he pointed out. I had before found out that he was Mr. Tutor Channing. He, in a harsh manner, took me to task for dis- obedience of his orders in not ringing the bell. I plead inability by rea- son 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 (9) excused me from further punishment in considera- tion of my ignorance of his dignity and of college laws, and dismissed me with a strong caution to look out for the future. Alarmed by having fallen so soon under ill opinion by the Government I went im- mediately to my father, who was then in New Haven attending a ses- sion of the Legislature, of which he was a member, and explained to 10 MEMOIR OF JEREMIAH MASON. him my grievances 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 lia- bility of being fagged by the members of the higher classes. For the privilege, 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. I 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 Con- gregational 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 I 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 (10) entirely lost. I excelled in forensic disputations, of which considera- ble account was then made in the college. My greatest deficiency 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 3 years. He was a good scholar and rigid disciplinarian, and kept us "The two first" is a sample of Mr. Mason's defective English, alluded to in the preceding paragraph. Should be "the first two," as there cannot be "two firsts as the one must be "first," and the other "second;" but there can be a "first two," i. e. the first and second. MEMOIR OF JEREMIAH MASON. 1 1 diligently at work. The third year Mr. Fitch, afterwards President of Williamstown 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 re- view of our previous college studies and the President insisted that the 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 President had the reputa- tion 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 ignorant 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. 1 ' 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, sad- ly defective. The college Faculty, however, did the best they could. They made regulations requiring diligent study, which (11) they en- forced by faithful and rather severe examinations. This occasioned a violent rebellion among the students, which was quelled by the expul- sion of some and the dismissal of others. The result was the more firm establishment of the authority of the Government. My college life, on the whole, passed pleasantly and with tolerable profit. At the Commencement, when I was graduated (1788), a in the public exercises a part in the forensic disputation was assigned to me. b Mr. Madison, it seems, believed in studying along the line of his life-work, even while in college, a theory frowned upon by many educators and even by Mr. Mason as he here says. a In 1788, when Mason graduated at Yale, he was 20 years of age, having entered college at the age of 16. 12 MEMOIR OF JEREMIAH MASON. My classmate, the Rev. Dr. Chapin, 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 at- tending 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, I thought, eloquent. The trials were all conducted in a manner loose and highly popular. The admira- tion excited there led me to choose the law for my profession. Immediately after Commencement I explained to my father my inclination for studying law. He had attended the Commencement, and I knew that he was gratified with my supposed proficiency, and I expected no:objection to my proposal; but he did object, assigning as the reason the great expense that would be incurred, and suggested that I had better keep school for a time or go to studying divinity under the direction of Dr. Stone, the clergyman of our parish. I did not believe that he really wished me to study divinity, (12) 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 pur- chasing 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 sub- stantial, 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 poverty of the whole country at that period. Sanguinely confident in my ability to take care of myself, I im- MEMOIR OF JEREMIAH MASON. 13 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 my father, had given me a small sum of money ; with 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, 1 ' in Connecticut, where I met with several 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 pro- fessed a decided preference for the State of New York, to which 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 informed 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 arrangements, I thought of apply- ing to Judge Sedgwick of Stockbridge, then in the height of his reputa- tion 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 (13) father, Judge Whiting, then lately deceased, and Mr. Sedgwick, and that the Whitings would be grievously pained by my making any acquaintance with Mr. Sedgwick. I mention this trivial matter, as it was the real cause that in after times induced me unwisely to neglect opportunities of making the acquaintance of Judge Sedgwick, 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 Su- a Litchfield, Conn., now has a population of 5971, is nearly 30 miles west of Hartford, about 45 miles from New Haven. Great Barrington, in the Berkshire Hills, nearly 90 miles from New Haven, a town of about 6000 people, a well- known and popular summer-resort, was for a long time the residence of Wm. C. Bryant; Stockbridge, 15 miles north of Great Barrington, is a place of less than 2000 inhabitants, contains the monument of Jonathan Edwards, and near is Lake Mahkeenac, where Hawthorne wrote "The House of Seven Gables." It was also the summer-home of Henry Ward Beecher, and later of Joseph H. Choate. Albany, N. Y., is some 45 miles from Stockbridge; hence Mr. Mason's horse-back journey was about 150 miles. MacMaster gives the population of Albany, as 3800 in 14 MEMOIR OF JEREMIAH MASON. preme Court then in session. There, for the first time, I saw General Hamilton and Aaron Burr. I immediately inquired out my classmate Woodworth, who had commenced the study of law in the office of Mr. Lansing, a Dutchman, and afterwards Chancellor of the State, the im- mediate predecessor of Judge Kent; from him I got information 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 explained 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 him- self 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 advantageously 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 faithfull>, 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 (14) 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 1786T, and says it was then over 100 years old, next to New York City in import- ance in the state, the sixth in rank in the United States. It was expected that Albany would rival Boston and Philadelphia in magnificence, and become the emporium of Northern trade. It must be remembered that New York City's population in 1786 was but 24,500, and surpassed by Boston alone in commerce, though the latter had but 15,000 souls, and Philadelphia, 32,205. MEMOIR OF JEREMIAH MASON. 15 muskets and ammunition. Besides, the Connecticut folks hated the Yorkers because they were Dutchmen and knew nothing of the Say- brook Platform. My father partook a good deal of the prejudices 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 study- ing 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 prefer- ence for returning to Albany, but being unable to overcome my fath- er'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 (15) 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 individual. In the 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. Sherman in the street, expect- ing to pass by him unseen, as usual ; I was surprised by his stopping 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 16 MEMOIR OF JEREMIAH MASON. a member of the old Congress 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 Vermont often urged him to ac- cept 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 con- tinued 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 that 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 complied 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. 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 Gov- ernment, trade and all other kinds of business remained stagnant. 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, 3 supposed to be the largest • Pierpont Edwards (1750-1826), was born in Northampton, Mass the- youngest son of Jonathan Edwards, the celebrated divine. He was a noted' law yer and politician; was graduated at Princeton in 1768, and began the practice of the law at New Haven in 1771. Was frequently elected to the State Legisla- ture, and early advocated colonial independence; served in the army was admin istrator of Arnold's Estate after his treason; was a member of the Confederation Congress, 1787-8; and at the time of his death, Judge of U. S District Court Aroused much feeling among the Connecticut Calvanists by founding a Toleration Party. H 1S income, supposedly the largest in the State, was less Aan $2,000 S MEMOIR OF JEREMIAH MASON. 17 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 exceedingly unpromis- ing. 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 proposed Vermont. To this he made no objection. 1 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 Governor 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 prac- tice of law at Woodstock, and seemed to have a good prospect for business. The 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 Vermont than in Connecticut. I entered myself as a student in the office of Stephen Rowe Bradley, at Westminster 3 ; 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 1 Many of the settlers of Vermont, especially of the region of the Connecti- cut river, emigrated from Connecticut, and were known to my father. He had always been strongly in favor of the independence of Vermont, influenced, per- haps, somewhat bv his dislike of New York. 3 (17) a Westminster is now a village of but 850 people. 18 MEMOIR OF JEREMIAH MASON. 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; without much refinement of any kind, he had an unconquerable love for broad humor and practical jokes, which he freely indulged on all occasions. He was an admirable story-teller, and was never more delighted 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 stories. With all this apparent lightness and indulgence in drolleries, he was persever- ing and efficient in action, rather deriving aid than suffering impedi- ment from them. Many years after the time of which I 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 member of that body, saying that of all the men he ever knew, General Bradley possessed the most extraordinary powers in a deliberative assembly to defeat any measure he assailed. Among his other queer fancies he built a pulpit in his office, which was ample, adjoined 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 preach- ing in his pulpit. (18) On one occasion he gave out that Mr. Murray, the celebrated Universalist, was to preach in his pulpit. This gathered a crowded assembly, when instead of Mr. Murray, an ordinary travel- ing Universalist 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 purity of the faith, on the close of the discourse immediately challenged the Universalist to a combat of polemic discussion. The Universalist promptly accepted the challenge; General Bradley immediately ar- ranged 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 moderator sat with imperturbable gravity, ruling the questions of order raised by the combatants, and LEMUEL SHAW, of Massachusetts. MEMOIR OF JEREMIAH MASON. 19 sometimes suggesting questions himself. 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 wom- an of lady-like accomplishments, who exerted a very favorable influ- ence over him. I lived in the family, where all things were pleasant, and occasionally enlivened by agreeable company. There was little or no good society in the place, nor was it (19) much better at Walpole, a the village on the opposite bank of the river. There was then living in Westminister 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 office, 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 a Walpole now has a population of 800. 20 MEMOIR OF JEREMIAH MASON. beat Hall, as he termed it. He said his engagements were such as rendered it inconvenient for him to attend to these petty cases, 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- (20) 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 emolu- ments of the business was more than sufficient to pay all my ex- penses, 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 to me, for my father MEMOIR OF JEREMIAH MASON. 21 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 a 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 (21) the private suggestion of Mr. Bradley, 1 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 were 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 a New Fane is now a village of 136 people. 1 My reason for believing that Mr. Bradley 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 22 MEMOIR OF JEREMIAH MASON. principles. Their courts were badly organized and usually filled with incompetent men. 2 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 (22) circumstances over, I began to doubt whether I had best pitch my domicil in Vermont, and entertained serious thoughts of transferring my allegiance to the State of New Hampshire. This latter State had age in its favor, with an apparently more stable and better or- ganized 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 Hampshire had greatly the advantage in point of purity and integrity. 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, 3 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 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 course was congenial to the man. 2 To this observation the now venerable Nathaniel Chipman forms an illus- trious 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 Chipman died in 1843. a Westmoreland, N. H., has now about 380 people. MEMOIR OF JEREMIAH MASON. 23 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, 1791, 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- (23) ciently inspired, he called on me to stand forth, and delivered me 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 amuse- ment 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 con- sisted 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 I received of my father, and for the rest assumed a mortgage that he had given on the land. There was a family in the house, which furnished me with simple lodging 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 rather pleasant; no neighbors near and nothing 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 work with them. The determination to do this was what rec- 24 MEMOIR OF JEREMIAH MASON. 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 (24) 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 sev- eral of their parties, and, fortunately for me, was disgusted with their course wit and rude manners. To get out of the scrape, I 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, 1 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 office. 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 dili- 1 Erasmus Butterfield and William Thurston. MEMOIR OF JEREMIAH MASON. 25 gence 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 4 (25) 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 un- dertaking, 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 gratifying 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. A 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 office for a prosecution for larceny. 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 sheriff was out of sight, the plaintiff went and stole away the summons. Unluckily 26 MEMOIR OF JEREMIAH MASON. 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 (26) execution. He made a great outcry, and soon ascertained that the 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 him have a trial for the pigs. This he rejected with contempt, 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 anrry, 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 oversight 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 (27) MEMOIR OF JEREMIAH MASON. 27 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. But 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 (28) the practice of law at Charlestown a before the close of the Revolu- tionary War. He had good natural powers of mind, a quick ana a Charlestown, N. H., now has about 1000 people. 28 MEMOIR OF JEREMIAH MASON. 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,- 1 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 questions 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 of 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 talents, much was expected from him. 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- MEMOIR OF JEREMIAH MASON. 29 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 Dennie, 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 great amusement of his auditors. He was the most aerial, refined, and highly sublimated spirit it has ever been my hap to meet with. a 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 stiffness or pedantry, 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 Fall 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 (30) 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 a "He was the most aerial, refined, and highly sublimated spirit it has ever been my hap to meet with." This is probably plagiarized from Lawrence Sterne's description of Shakespeare's Yorick, of whom Sterne says: "He was as mercurial and sublimated a composition; as heteroclite a creature in all his declensions; with as much life and whim, and gaite cle coeur about him, as the kindliest cli- mate could have engendered and put together." (From Tristram Shandy.) 30 MEMOIR OF JEREMIAH MASON. 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 the paper an extensive circulation. 1 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- cacy of taste, he utterly denied all their claim to any kind of literary merit. After suffering severely from ill-health, he died in 1811 or 1812. Royal Tyler, afterwards Chief Justice of Vermont, at the time of 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 Claremont. MEMOIR OF JEREMIAH MASON. 31 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. Having suffered both in character and fortune, he removed to Guil- ford, adjoining Brattleborough, a 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, 1 afterwards so greatly distinguished as the editor of the "New York Evening Post," under the patronage of General Hamilton, 13 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 up under the auspicies of General Hamilton, and that he assisted him. I then asked, "Does he write in your paper?" "Never a word." — "How, then, does he assist?" His answer was, "When- a Brattleborough, a city of about 6500. Guilford has now 870 people. b Alexander Hamilton, the great Secretary of the Treasury under Washing- ton, was but 5 feet 6 inches in height. Aaron Burr said of his power with the pen: "Anyone who. puts himself oh paper with Hamilton is lost." c Greenfield now has about 9910 people. 1 He lived at Greenfield . (32) 32 MEMOIR OF JEREMIAH MASON. ever anything occurs on which I feel the want of information, 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 have now withdrawn from it, and left it with the editors, 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 I 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 (33) Henry Lee, then Governor of Virginia, 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 MEMOIR OF JEREMIAH MASON. 33 his reputation. He was remarkable for his fine manners and great address ; was a gallant soldier, and a great favorite of General Wash- ington. The General Assembly of Virginia was then in session. The country was much excited 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 was opposed to it. An address had been moved complimentary to General Washington, who was about to retire from the presidency. Among 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 1 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 (34) Governor Gilman's speech 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 I 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 1 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 Faneuil Hall, and a loud cry was raised to throw him out of the window. 34 MEMOIR OF JEREMIAH MASON. 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 President'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 rise. 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 (35) 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. With 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. AARON BURR. (From an engraved portrait by St. Memin.) MEMOIR OF JEREMIAH MASON. 35 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 dis- cussions 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 obvious effect on the feelings of the House, that on his sitting down and nobody rising to answer, and the question being about to be put, one of the opposition (I think Mr. Giles) moved an adjournment, 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 al- lowed him to be the most delightful man in the world. With much genius, he had the purest moral and critical taste. As is commonly 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 Virginia 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 (36) 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 had 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 nearly 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. —4 36 MEMOIR OF JEREMIAH MASON. I felt a strong liking for Boston, but considering the high reputa- tion and crowded state of the Boston bar, I dared not attempt 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 Ne^v 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, 3 and went there in the spring of 1797 on a visit of exploration. Edward St. Loe Livermore, who had been at the head of the Rockingham bar, had just accepted 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. Ports- mouth was at that time a place of vastly (37) greater comparative importance than at present. It contained many highly respectable families, and good society was an important object with me. I had acquired a little reputation in the courts of New Halmpshire, and thought I could take a share of business at Portsmouth, and seriously doubted how that might be at New York. I knew that Judge Smith was about resigning 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. (38) a Mason moved to Portsmouth rather than Boston, in 1797, believing it would eventually be the larger city (see p. 165, this work.) Daniel Webster joined him there, ten years later, in 1807, moving to Boston in 1816, and Mason joined Web- ster in Boston, in 1832. MEMOIR OF JEREMIAH MASON. 37 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 autobiography, 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. 1 The town of Lebanon, 1 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. a A city of 5,000 in 1900. 1 There was 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 confinement, to her friends in Roxbury, 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 on 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 1851. (39) 38 MEMOIR OF JEREMIAH MASON. Mason in condemning the bad taste which destroyed this substan- tial and serviceable structure, and supplied its place with a fabric of wood. Mr. Ely, 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 which 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, a 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, 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 a In this connection, Theophilus Parsons, son of Judge Theophilus Parsons (1750-1813), says that the father of Judge Parsons, Sr., was a preacher in a small place, Byfield, Essex Co., Mass., where he died at 67, in 1783; brought up a fam- ily of seven, upon a salary of $280 a year, educated three sons at Harvard, and always maintained a comfortable and hospitable household. (Memoir of Chief Justice Parsons, p. 14.) MEMOIR OF JEREMIAH MASON. 39 was, I apprehend, somewhat higher than in other towns of the same (40) class in that region. The common conversation of the people had a strong theological flavor; and many a discussion on "fixed fate, free-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 inquiry 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 hours not devoted to the business of his clients. 3 Thus he was not only familiar with the practice of the law, but he had laid up a good stock of sound legal a It seems that Mr. Mason was unlike Daniel Webster, who was a deep reader of general literature, and that the "charm of literature," of which William Wirt speaks of being deprived, never lured Mr. Mason from the dry study of the law. Note Wirt's lament and longing, in the following: "To be buried in law for eight or ten years, without the power of opening a book of taste for a single day! O, horrible! horrible! most horrible! O, for that wealth that would enable me to wander at large through the fields of general literature, as whim or 40 MEMOIR OF JEREMIAH MASON. 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 he occasion to shun an encounter with such formidable antagonists as Jeremiah Smith of Exeter, or Samuel Dexter, Theophilus Par- (41) 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, a 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 discharged feeling might direct for days and weeks and months together, and thus to raise, enlighten and refine my mind and heart, until I become a fit inhabitant for those brighter fields of light that lie above us." (From letter to Dabney Carr, Dec. 17, 1810,— Wirt was then 38—1 Kennedy's Life of Wirt, 262.) a Mary Means' marriage to Mr. Mason, when he was thirty-one, gave con- trast, as he was 6 feet 6 inches in height, while she was so short that when walking together, she tied a handkerchief around his wrist so that she could reach it. She survived him ten years, dying in 1858. (See Art. by John Chip- man Gray, 3 Great American Lawyers, 36.) Mr. Mason used to say of his wife, MEMOIR OF JEREMIAH MASON. 41 by him, during his term of service, with marked ability, and a con- scientious regard to the claims alike of justice and humanity. But he doubtless found that the claims of a public trust interfered too much with the demands of a rapidly increasing private practice ; 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. Webster 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 (42) 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, perhaps, 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 that she was the only witness from whom he could not elicit, by cross-examina- tion, a thing she did not wish to tell. (This anecdote was furnished the reviser of this edition, by Prof. J. M. Crafts, of Boston, a grandson of Mr. Mason. The portraits of Mr. and Mrs. Mason, during their early married life, are from paintings owned by Prof. Crafts, and were reproduced from the same, especially for this work.) Prof. Crafts died in June, 1917. 42 MEMOIR OF JEREMIAH MASON. when the interests of the 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) 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. Webster 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 ex- ertion. 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 a The testimony of Mr. Webster is everywhere abundant of his indebtedness to Mr. Mason, and his opinion of Mason's superiority to any lawyer he had ever known. He also attributes to Mason the reformation of his grandiloquent style, in his younger days. MEMOIR OF JEREMIAH MASON. 43 by the robust and athletic training which his struggles with Mr. Mason gave him. From the 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 1813 to 1817, 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 (44) heat and dust of the fight are over. 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 appropriately introduced : — a "I entered the law office of the late Hon. Jeremiah Mason of Portsmouth, N. H., as a pupil, in September, 1805, and continued there until my admission to the bar, in 1808 His office 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 pro- fession. 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 im- portant suit. During my clerkship, Mr. Mason was found at his office in business hours, morning, afternoon, and evening, unless otherwise prevented. Between his office and house, there was no half-way place for gossip. I know he was a There is nowhere else to be found a more succinct account of Mr. Mason's methods of conducting his office than the one here given by Mr. Lord, who had an abundance of knowledge upon that subject, as the three years in Mr. Mason's office were calculated to give him. 44 MEMOIR OF JEREMIAH MASON. 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 day-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 ques- tions 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 exhaustless stock. He required us to hunt up authorities, and prepare briefs of special cases. But the office was usually a dull place to all callers, except those who came to see the head of it. It never was a place for outside retailers of news or gossip. Mr. Mason was particular 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) broker or banker. Mr. Mason magnified his position by exerting all his influence to prevent petty litigation, or 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 wounds, 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 parties, 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 confi- dence 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 MEMOIR OF JEREMIAH MASON. 45 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 friend- ship 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 respectful, 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 severi- ty 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, especally 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 declama- tory. 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 of- fice. His predecessors, as I heard, lacked knowledge. There was confusion in that department at his appointment. 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 inquest 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 in- quest never to agree upon indictments unless the (46) 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) 46 MEMOIR OF JEREMIAH MASON. 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. Apple- ton was chosen President of Bowdoin College in 1807 and died in 1819, at the age of forty-seven. His death was regarded throughout New England as a heavy blow to the interests of religion, 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 re- plies in a letter which is the earliest on date of any I find among his papers. JEREMIAH MASON TO THE REV. JESSE APPLETON, D. D. Portsmouth, August 12, 1811. 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 evidence of their practical utility. MEMOIR OF JEREMIAH MASON. 47 The protection of the poor from oppression (which you mention) (48) 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 his 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 quantity 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 unequal portions. The object to be attained is such a distribution of it as will 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 bor- rower wants to obtain stock on which he can bestow his labor with profit. The money received in the loan is merely the instrument which conveys a right to a certain portion of capital stock. A me- chanic 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 therefore regulates the rate of hire of all other property. A prohibition to take any interest would generally prevent loans. Were benevolence to form the only motive, the fear of loss would prevent, or too much restrict lending. This prohibi- tion, which was taken from the Mosaic code, and adopted in times of monkish superstition in England and most other countries of Europe, is now universally exploded. Under certain circumstances lending is beneficial to both the parties concerned and also to the pub- lic. When (49) the capitalist has more stock than he can manage to profit by his own industry, he ought to lend that part which he can- 48 MEMOIR OF JEREMIAH MASON. not employ 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 requires 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 him 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 become indolent. In rich countries there being a superabundance of stock, and conse- quently 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 nearly the same with the market rate, or the rate it would fix at if not regulated by law. This market rate must be gathered from the average given by prudent persons, on good security, with ordinary prospects of profits. And the law, by fixing this rate, pre- 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 MEMOIR OF JEREMIAH MASON. 49 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 six 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 (51) the country who are 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 Dr. 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 50 MEMOIR OF JEREMIAH MASON. we shall not be disappointed. I am sincerely yours, Jere. 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 Gilman, 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, 1806, 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 1808 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 mem- bers of Congress, and presidential electors who gave the vote of the State to Charles Cotesworth Pinckney, a the unsuccessful rival of Madison in the contest for the presidency. In the State election of the spring of 1809, the Federal party tri- (52) umphed, but by a very small majority; but the next year restored » Charles Cotesworth Pinckney (1746-1825). American statesman, born at Charleston, S. C. He was educated at Oxford, England, studied for the bar at the Middle Temple, London, and afterward at the Royal Military Academy in Caen, France, returning to practice law in Charleston, in 1769. Became Attor- ney-General of the Province and was a member of the Provincial Congress, in 1775. Was a brigadier-general in the Revolution; member of the Convention that framed the Federal Constitution; minister with Marshall and Gerry in France, in 1797, and, when Talleyrand demanded $240,000 as a condition before beginning negotiations, uttered those immortal words,— "Millions for defense, but not one cent for tribute." He was candidate for President against Jeffer- son in 1804, and against Madison in 1808. MEMOIR OF JEREMIAH MASON. 51 the Republican party to power; and Nahum Parker having re- signed his seat in the Senate, Charles Cutts, a Republican, was chosen in his place. Of the five members 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 Jefferson, but hating him personally, on account of his heterodoxy in religion, with all the ran- cor of theological hatred. The State election of 1811 was favorable to the Republicans, as was that of 1812 ; 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 officers 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. : a (53) a Webster was but thirty years of age, at this time, had been but seven years at the bar, and a resident of Portsmouth five years, having removed there from Boscawen, in Sept., 1807. 1 Mr. George Bristow, in his History of New Hampshire, published in 1842, with a strong Republican bias, attributes the success of the Federalists in the election 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 New Hampshire, page 363. This may be true in part, but much was also due to the influence of the embargo and non-intercourse acts of the administration of Jef- ferson and Madison, which bore hard upon the maritime population of New —5 52 MEMOIR OF JEREMIAH MASON. 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 Federal 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 that time and the present. It is doubtless possible today 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. 1 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 office 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. England, and threw many out of employment. A man can hardly be expected to vote for a party which takes the bread out of his mouth. 1 Since writing the above I have been told that some at least of those who voted for Dr. Goddard knew that he would not accept, and that his election was a feint to secure that of Mr. Mason. There were political managers and wire pullers in those days as there are now. Dr. Goddard had been a leading Repub- lican, but being an opponent of the war he had joined the Federalists, or at least acted with them. (54) MEMOIR OF JEREMIAH MASON. 53 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. His 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 opposition 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, 1813. Mr. Gilman and Mr. Cutts appeared 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 10th 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, June 13, 1813. 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 that (55) 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 54 MEMOIR OF JEREMIAH MASON. 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 I 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 be there exactly at four o'clock— that I could have no bed, but might lie on the floor 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 before ";he appointed time, and extended my bed with the addition of a chair I 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. Tomor- row morning at four o'clock, I shall set out in a new line of stages which runs from here to Mount Pleasant on the Hudson River thirty miles above New York. From Mount 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 Bruns- wick. This much for the beginning of the journey of honor. Though somewhat tried, my constitution seems to bear it pretty well. I have as yet experienced no trouble, except what arises from my own petulance, which is somewhat subject to be excited by the unlucky incidents of rapid travelling. . . . Yours affectionately, Jeremiah Mason. (56) MEMOIR OF JEREMIAH MASON. 55 JEREMIAH MASON TO MRS. MASON. Baltimore 3 , Saturday, 19th June, 1813. My Dear Mary, — I wrote you from Philadelphia on Wednes- day evening. The next morning I continued my journey in the mail stage to Havre de Grace, seventy miles, where I left it, and came here yesterday in another stage. The thunder-storm, which was very severe, had no effect in cooling the air, as I expected. The weather since has been more intensely warm than before. The storm was exceedingly violent, and extended forty miles this side Philadelphia. I noticed in the road many large forest trees torn up. I heard of two stages which were out through the storm, full of passengers. One, in the midst of a wood, was in imminent danger from the falling trees, and was detained several hours after the storm was over before the trees could be cleared away, which fell across the road. Last evening there was a very violent gust of wind in this place, nearly equal to that in Philadelphia, but attended with little rain. I hope these storms are not ominous of other storms in the voyage I have set out on ; and if storms of another kind do arrive I hope I shall be equally fortunate in avoiding them. I have been considerably oppressed with the heat, and tarry home today to recruit. I now feel pretty well, and do not fear any injury from the heat or fatigue. I am at Gadsby's inn, which seems to be the most extensive and perfect establishment of the kind I have ever seen. On inquiring for a bath I found a most excellent one in the house. It is quite necessary after the violent exercise of travelling in this warm, sultry weather; I have used it twice. I could well enough have gone on to Washington today if it had been in any way necessary. But I thought it best to take a day's rest, which affords me an opportunity of getting a few articles of thin dress which I have wanted. There is, doubtless, much difference in the degree of heat here and at Portsmouth. I eat green peas at New York, where they had been more than a week. At Philadelphia the cherries and strawberries were in perfection; all the way this (57) a It will be observed that Mr. Mason was six days journeying from Hart- ford, Conn., to Baltimore, Md. 8 56 MEMOIR OF JEREMIAH MASON. side of Philadelphia I have seen cherries in great abundance. 1 shall go on to Washington tomorrow morning in a private carriage, if one can be had on reasonable terms. A Mr. Bowers, a member of the House of Representatives from New York, this forenoon ap- plied to me to take a carriage with him, saying he would find two other persons to join in same. I consented, if he can effect it. It does not much increase the expense, and will prevent being crowded, which is very unpleasant in this weather. The distance is only forty miles. I consider the journey past. I am told they talk at Wash- ington of having a longer session than was expected. I do not believe it will last through July. Mr. Webster has brought forward in the House of Representatives a motion calling on the President for information respecting our relations with France (which you have or will see in the newspapers), on which there has been some warm debating. I have come on just as I told you I intended, without inquiring for, looking for, or seeing anybody. What is a little singular, ex- cept at Newburyport, I have not on my whole journey seen a single person I knew. I have seen several who knew me. I have till yesterday been at no place where I could see anybody. I arrived here just before dinner time, and dined at an ordinary with perhaps sixty or eighty strangers. This afternoon I intend to go out and see the town, of the form of which at present I have a very imper- fect idea. At Washington I expect letters from you. Yours, J. Mason. He took his seat on the 21st of June. Two days after he thus wrote to his wife : — JEREMIAH MASON TO MRS. MASON. Washington, June 23, 1813. I wrote you a few lines the day before yesterday, just after I had taken my seat in the Senate. Though there would seem to be (58) nothing in a person's walking into a room, taking an oath which he has taken half a dozen times before, calculated to disturb or discompose him; yet, I assure you, I felt a little awkward, and MEMOIR OF JEREMIAH MASON. 57 when I wrote to you, which was a few minutes after, I scarcely knew what I wrote. I have since received your letter of the 16th instant, inclosing the letters of the children. I am very glad to hear you are ail well. You mention having received from the post-office three letters, one from Mr. Wild of Hallowell, one from Mr. Hale. The other you do not mention. Keep the two and inform me of the third, if of any importance. I have got settled in pretty good lodg- ings, though at too great a distance from the Capitol, — about two miles. The society is good. Mr. Gilman, General Smith of Balti- more, Messrs. Goldsborough of Maryland, Mr. Eppes, etc., also sev- eral ladies. We have carriages to carry us to the Capitol when neces- sary. I should have preferred lodgings nearer the Capitol, if I could have got such as I liked, but could not. I can form no opinion of the length of the session. It is now said the session will not terminate before the 20th of July. Things here look quite as well as I expected. I am pretty well recovered from the fatigue of my journey. Tell the children I will answer their letters soon. Give my love to them. Yours in haste, J. Mason. The United States Senate at that time consisted of thirty-six members, of whom twenty-seven were Republicans and nine were Federalists. Mr. Giles of Virginia was the ablest debator and the leading mind on the Democratic side, but having become disaffected to the administration of Mr. Madison, neither his voice nor his vote was to be depended upon. He spoke and acted, as Harry Wynd fought, for his own hand. Mr. Campbell of Tennessee was the administration leader. Mr. Gore of Massachusetts and Mr. King 1 ' of New York were the leading members on the Federal side. With both of these distinguished men Mr. Mason formed a close and enduring friendship. (59) a This was Christopher Gore, the cultured, commercial lawyer, with whom Daniel Webster read law in 1804-5, and who advised young Webster, when offered a $1500 clerkship in his father's N. H. Court, to decline the place, and stick to the law, which he had the good sense to do, though it was a struggle for him to do so. (See 1 Geo. T. Curtis's Life of Webster, 69-72.) b Rufus King, whom Mason thought the most able man and the greatest orator he had ever known. Webster relates, that while in Mr. Gore's office, in 58 MEMOIR OF JEREMIAH MASON. The House of Representatives consisted of one hundred and eighty-two members, of whom one hundred and fourteen were Re- publicans, and sixty-eight were Federalists. The leading Republi- cans were Mr. Clay of Kentucky and Mr. Calhoun of South Carolina ; and conspicuous on the same side were John McLean of Ohio, John Forsyth and George M. Troup of Georgia, Charles J. Ingersoll of Penn- sylvania, Felix Grundy of Tennessee, and Langdon Cheves and Wil- liam Lowndes, of South Carolina. Mr. Gaston, of North Carolina, Mr. Grosvenor of New York, and Mr. Webster, all new members, soon rose to the place of lead- ers on the Federal side. Two of the ablest men in the Twelfth Congress were no longer members. Mr. Quincy of Massachusetts had declined a re-election, and Mr. Randolph of Virginia, whose brilliant and erratic genius had already given him a national reputation, had, on account of his oppo- sition to the war, been defeated by Mr. Eppes, son-in-law of Mr. Jefferson. Congress remained in session till the second day of August, but Mr. Mason left Washington a day or two before, on leave of absence. In so short a period of service, and belonging to a hopeless minority, he could do little more than look about him, and learn to feel at home in his new position. Two letters to his wife give us a glimpse of his Washington life : — JEREMIAH MASON TO MRS. MASON. Washington, July 3, 1813. My dear Mary,—. . . .You inquire if I attend church. The Church does not in any respect make a conspicious figure here. Boston, a gentleman came in, and asked to see Mr. Gore, who was not in. He sat down to wait for him. He was dressed in plain gray clothes. Webster was reading a work on the Law of Nations, which had much to say of ships and freight, etc. The stranger, coming up to the table said: "Well, I read that book, too, when I was a boy" (Mr. King, for this was the stranger's name, was then 50) and says Webster, proceeded to talk not only about "ships and freights," but insurance, prize, and other matters of maritime law, in a man- ner, "to put me up to all I knew," and a good deal more. (See Webster's Auto- biography, p. 19.) MEMOIR OF JEREMIAH MASON. 59 I have as yet been here but one Sunday, on which I did not go out. Public worship is held at the capitol ; but from what I have seen of the chaplains I presume the preaching is ordinary. I shall go there tomorrow. There is a church in Georgetown where I am told there is a good preacher. Mr. Madison is on the recovery, (60) which will re- lieve your apprehension of the government devolving on Mr. Gerry. a The old gentleman is usually characterized here by the same epithet which you mention I used to bestow on him. The weather continues very warm ; it is said, unusually so, for the climate ; but I do not per^ ceive it has affected my health in any degree. I am doing here as well as I expected as far as relates to myself personally; that is, I have tolerable lodgings and pretty good company. Have made my first speech in the Senate. 1 It was concise, and no great thing, but seemed to be pretty well received. Without the spirit of prophecy it is im- possible to tell when the session will end. I intend to come home by the first part of August. Virginia is in great alarm with the invasion. No great damage has yet been done. My respects to Mr. Fales and love to yourself and children. J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, July 11, 1813. My dear Mary, — I was invited this morning to go to the Quaker meeting but declined, to afford me an opportunity of performing my promise in my note of yesterday, of writing today. Although I do not seem to have much to do, yet by reason of calls and various interruptions I have not much leisure. I have seen many new faces and new things. As yet I have not derived much instruction or amusement from the view. I have, however, seen people from whom I expect considerable of both. The people in the house where I lodge 1 This speech is not reported, and there is nothing in the printed records of the Senate to show on what subject it was made. (61) a Elbridge Gerry (1744-1814), at this time 69, was Vice-President under Madison, and held that office when he died. He was born at Marblehead, Mass., graduated at Harvard; was one of the signers of the Declaration of Independ- ence, and a member of the Convention which adopted the Constitution, but re- 60 MEMOIR OF JEREMIAH MASON. are of various sorts. Some very fashionable, some both fashionable and well-informed, and some not superlative in anything. Having already tarried here nearly as long as I expected, I begin to wish to set my face homeward. While experiencing the bad attendance of servants and the numerous wants in little matters of accommoda- tion, I cannot help sometimes contrasting my situation here with home. But in another point of view, my situation here will still less bear comparison with that at home. I am here constantly sur- rounded by people for whom I do not care a biscuit ; at home I am in the midst of all those I hold most dear. Here, nothing concerns or interests me ; there, everything. I am much inclined to think the glitter of the Southern folks consists more in tinsel than gold. I fear this will apply to their characters in all respects. They make a great show of equipage and servants, while they live in lodgings, and with accommodations, which to us would be absolutely uncom- fortable. Their conversation is generally easy and specious, but affords little instruction. I am yet in doubt how I shall like continu- ing here. Public affairs are certainly very gloomy. This I expect- ed. The prospect of change and amendment is quite as promising as I expected. My situation personally is, on the whole, as good as I could expect. The people whom I most respect seem to be dis- posed to treat me well enough. Were it not for this ugly absence from all I value, I should probably be pretty well satisfied. I travel home twenty times a day to see what you are about, and always find that much more interesting than anything doing here. Our Senate yesterday, refused to ratify the appointment of a minster to Sweden, which was a favorite measure with the administration. 1 It is consid- ered here, as being the most important point which has been car- fused to sign on the ground that the rights of the people were not sufficiently protected. (See Austin's Life of Gerry (1828-9.). His family died in penury, Congress having refused to pay the destitute family (he having died in November, 1814, during the session), on the ground that a pension was intended, as they had just appropriated $30,000 to purchase Jefferson's 7,000-volumed library. (See Schoider's History of U S Vol 2 p. 508.) 1 On the 9th of July the Senate voted, twenty-two yeas to fourteen nays, that it was inexpedient to send a minister to Sweden. Mr. Jonathan Russell had been nominated. (62) MEMOIR OF JEREMIAH MASON. 61 ried against the administration for ten years. It was not expected, and has created considerable sensation. There are other questions of still more importance to be determined. The administration will probably carry their main question, but I trust they will learn to be more cautious and prudent in future. The Federalists, as far as party feelings are concerned, are in better spirits than for several years past. But I hope and trust that the violence of party feelings is subsiding. There is considerable prospect of it in the Senate Affectionately yours, J. MASON. He writes, on public affairs, to his friend Dr. Appleton, like him- self, a decided Federalist : — JEREMIAH MASON TO THE REV. JESSE APPLETON. Washington, July 20, 1813. My dear Sir, — Ever since I have been here I have intended to write you. But although I have personally not much of importance to do, yet there have been so many matters to hear and think of that I have had very little leisure. To me most things here are new, and not a few appear strange. I expected to find some dissatisfac- tion among the old friends of the administration. But I was not prepared to expect the violent jealousies among them which I find. They have no confidence in each other. It is believed here that there exists no confidence among the heads of the departments. The Sec- retary of State and of War a are each some distance down the river, at the head of separate bodies of troops, preparing to oppose the enemy. They are both ambitious of military command, and envious of each other. The influence of the President is much less than I supposed. There seems to be little plan or concert in the manage- ment of public affairs. The party in power feel mortified and de- pressed. The Senate have in several instances acted with great apparent independence. The refusal to assent to the appointment of Russell a James Monroe was Secretary of State, and John Armstrong, of New York, Secretary of War. 62 MEMOIR OF JEREMIAH MASON. minister to Sweden, and of Gallatin 15 as one of the commissioners under the Russian mediation, was the rudest shock the President has ever experienced. It was wholly unexpected. In those cases peculiar reasons operated with several individuals, and induced them to act against the President. I fear similar reasons will not con- tinue to operate in other cases. Gallatin * was suspected of am- bition. He aspired to the Presidency, and had rivals who wished to impede his way. Some of the old friends of the President acted from other and better motives. They deemed the affairs of Secre- tary of the Treasury and minister to a foreign court incompatible. (63) The President is highly offended, and there will be some difficulty in forming a new league. If there was more honor or honesty among them the difficulty would be increased. But they have been so long in the habit of making jobbing bargains that I expect some expedi- ent will be hit on to restore their ancient amity. I can give you no information respecting the probability of the enemy's coming to this place. They are now about forty miles down the river. Reports respecting their force and probable intention are various. I believe they intend to come here, but they have been so dilatory in their movements that they will not be able to effect their object. The people here have been greatly alarmed. Congress expect to end the present session in about one week after your Commencement. I hope to see you at Portsmouth. Make my affectionate respects to Mrs. Appleton. I am sincerely yours, J. Mason. The second session of the Thirteenth Congress began on the sixth day of December, 1813, and closed on the eighteenth day of April, 1814. Mr. Mason was present in his seat at the opening of the session, and remained in Washington till its close. He was constant in his attendance, and took an active part in the proceed- ings of the Senate. Not having been a member of that body at the b Speaking of Albert Gallatin, one of the greatest compliments ever given him, was the sarcastic retort J. J. Ingalls made to a Pennsylvania Senator, who had spoken disparagingly of Kansas. "Mr. President," said Ingalls, "Pennsyl- vania has produced but two great men: Benjamin Franklin, of Massachusetts, and Albert Gallatin, of Switzerland." MEMOIR OF JEREMIAH MASON. 63 opening of the first session, May 24th, 1813, he was not placed on any of the standing committees, but he served on several specially appointed during the course of the winter. He was chairman of one which reported a bill for the purchase of a library for the use of the Supreme Court, which passed the Senate, but never ripened into a law. He was a member of another which seems to have done a good deal of work, which had under consideration certain questions be- tween the State of Georgia and the Mississippi Territory ; and finally reported a bill which became a law, under the title of "An Act pro- viding for the indemnification of certain claimants of public lands in the Mississippi Territory. Approved March 31, 1814." (64) He served upon a joint committee on the library, and upon a Senate committee to inquire whether the acts of Congress relative to the general promulgation of the laws required any amendment. As is well known to all who are familiar with the past history of the country, the almost exclusive business of Congress during this session was the providing of men and money for carrying on a war into which the country had been plunged with little of forethought and less of preparation. The party opposed to the war, though weak in numbers, was powerful in ability and influence; but the force of the opposition was not so great a difficulty in carrying on the war as was the cold and languid support of its friends. It was, in truth, a politicians' war, and the popular heart never was for it or in it. That intense public spirit which during our recent civil contest, made all efforts easy and all sacrifices light, was wholly wanting. Federalists and Democrats abused each other with equal virulence, but the ener- gies of both went no farther: the two nerves of war, iron and gold, men and money, were hard to come at. The brilliant successes of our navy had not been enough to counteract the depressing influence of the disasters and misfortunes which had attended our arms on land ; and when Congress met in December, 1813, a general feeling of de- spondency and anxiety hung over the country, and made the task of carrying on the government and keeping up the war one of no small difficulty. Mr. Mason wrote constantly to his wife, and occasionally to his friend Dr. Appleton; and his letters reveal at once the embarrass- 64 MEMOIR OF JEREMIAH MASON. ments of the administration, and that languid beat of the public pulse which was the chief cause of them. JEREMIAH MASON TO MRS. MASON. Boston, November 23, 1813. Dear Mary, — I arrived here last evening. At Newburyport a the stage being crowded, the stage proprietors, of their own accord, offered me a horse and chaise, with which I came on here very con- 9 (65) veniently. I shall set out early tomorrow morning in the Albany stage. I am told that the roads on the direct road to New York are exceedingly bad, and the roads to Albany pretty good. From the state of the weather, I have no fear that there can be any ice to prevent the steamboats passing down to New York. Should there be any change in the weather, which would make it doubtful whether the steamboats can run, when I get to Connecticut river, I shall change my course and go by Hartford This is the first time, my dear Mary, I have ever left you expecting to be long absent. Had I not seen that the contemplation of it affected your spirit more than I wished, I should have more fully explained to you my own unpleasant feelings. Be assured no light consideration would induce me to make the sacrifice. Under all circumstances, I do think it my duty, and it gives me much satisfaction to know this is also your opinion. We must therefore bear the unpleasant separation with fortitude. Do not permit yourself to entertain any painful forebodings. I am, as always, sincerely and affectionately yours, J. Mason. a Newbury port, near the mouth of the Merrimac River, is a port of entry, 33 miles northeast of Boston, a town of 14,949 people in 1910. It was the birth- place of William Lloyd Garrison, and the remains of George Whitfield, the evangelist, lie in the Old South Church. Judge Theophilus Parsons, and Caleb Cushing were born here and spent most of their legal careers in this city. MEMOIR OF JEREMIAH MASON. 65 JEREMIAH MASON TO MRS. MASON. Jersey City opposite New York, Sunday afternoon, 28th November, 1813. My dear Mary,— I arrived at Albany after a fatiguing journey, late on Friday night; the next morning went on board the steam- boat, and was brought to New York this morning. Having deter- mined to make no tarry in New York, for fear the weather, which is now temperate, will become inclement, I immediately crossed the ferry to this place, and set out at five o'clock this afternoon for Philadelphia. I go twenty miles in the evening, and arrive at Phil- adelphia tomorrow evening. My journey from Boston to Albany was tedious, but I think not so much so as it would have been the other way. My passage on the steamboat was rapid, going one hundred and sixty-five miles in twenty-two hours, and attended with no labor or fatigue. The company was numerous and promiscuous, (66) the Secretary of War, General Harrison, and other mighty men of war among them. In the promiscuous crowd was Bishop Hobart, with whom I became somewhat acquainted. I should have liked to have tarried a day or two in New York, but on consideration deemed it best to improve the present moderate weather. From Boston to Albany I had a very pleasant companion, a Mr. Bleecker of Albany. I shall go on to Philadelphia with a Mr. Lovett, an agreeable, well- informed man. At Philadelphia I intend to stop and rest a spell. There I expect to receive a letter from you and hope not to be dis- appointed. I feel at present as if I should never submit to take many more of these journeys to Washington. However it may consist with my duty and honor, I am certain it will never agree with my feelings or increase my happiness. My thoughts are con- stantly travelling towards home, and I wish with all my soul I was going with them. I feel constantly anxious about you and the children, although I know no particular cause for my anxiety. Let me often hear from you, and know me ever sincerely yours, J. Mason. 66 MEMOIR OF JEREMIAH MASON. JEREMIAH MASON TO MRS. MASON. Philadelphia, Wednesday, 1st December, 1813. My dear Mary,—. . . . Yesterday I was not out of my lodg- ings. Today I dined with Mr. Chauncey, who married the Miss Chester who was said to be so exceedingly beautiful. She has the appearance of a fine woman, but has very bad health, which I presume has made severe inroads; for she, at present, certainly would not pass for a beautiful woman. The dinner was merely a family party, and I tarried but a short time. By the way, I believe I forgot to mention to you that I dined with George Blake the day I tarried in Boston. I met him accidentally, and he urged me very earnestly to a family dinner. I went and found a very large party, consisting of General Cushing, a number of young navy officers, and others, all strangers to me. I did not very highly enjoy the feast; the guests were not congenial, and I left them as soon as I (67) could with decency. Mrs. Blake talked a great deal about you with a very strong emphasis; says she must and will come and see you soon — she thinks by sleighing this winter. I urged her to it and hope she will, as it would at least make a break in what I fear will be your dull monotony of a long winter. I could fill many sheets with the melancholy reflections I have had on this journey, but it would do no good; if they continue, these journeys shall not be often repeated. I still think there were sufficient reasons why I should accept the appointment; if after a fair trial it does not answer my expectations, I will get rid of it and return to my former quiet situa- tion. Should this be the case of which I think there is much proba- bility, I still shall not regret having tried the experiment. It will in that event at least satisfy me of what otherwise I might never have known, that public employment cannot tend to increase my happiness. I have no fear of being able at pleasure to resume my practice, 11 and do as much business as shall sufficiently occupy my time and answer my occasions. I hope the children will continue a Mason's longing, like that of Rufus Choate, was for the practice of his profession, in which he was at home and a master. Politics were not to the liking of either of these great lawyers. DANIEL WEBSTER. From the celebrated daguerreotype by Hawes, of Boston, Mass., taken from life, in 1848, four years before Mr. Webster's death. No other portrait makes so prominent the dome-like forehead, the beetling brows, the cavern- ous eyes, the high cheek bones, and the mastiff mouth, — the marked features of him whom the late Sir Charles Russell pro- nounced "perhaps the greatest figure the world has seen.' - MEMOIR OF JEREMIAH MASON. 67 to do well. Tell them any evil report of them would give me ex- ceeding pain. I remain sincerely yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, Sunday, 5th December, 1813. My dear Mary, — I arrived here last evening from Baltimore. On the whole, my journey has been very tiresome, but by taking it moderately and stopping two or three times by the way to rest, I have got through without any injury to my health. I have been much more fatigued than I intended or expected to have been. Travelling in the stage wagons such a distance is almost intolerable. They are vastly more inconvenient this way, than at Portsmouth and Boston. I am at O'Neal's, my old lodgings. The chamber I engaged was not prepared for me, as I had expected. I am told I shall still have it. I think it probable I shall tarry here, but am (68) not fully determined on it. I find no letters from you, for which I am sorry, as I am anxious to hear from you. I think it probable the mail has been delayed by the badness of the travelling. I hope for letters tomorrow. Things here at present appear very dull. I am told that the members are crowding in, and that the city 3 will be full in a few days. The prospect before me is not very promis- ing. I fear the winter will be long and tedious to me. I intend to engage as soon as I can in study and reading, and perhaps a little in the business of the Senate. I really fear that I shall not be able to find employment tolerably interesting to occupy my time. All the hours I used to devote to domestic duties and pleasures are to be otherwise disposed of. I shall often think of you, my dear Mary, and our children, around the parlor fireside. May the Author of good protect you and them, and grant that we may again meet in health and happiness. Affectionately yours, J. Mason. a "the city," refers to Washington, whose population in July 1, 1813, was but 9,677. —6 68 MEMOIR OF JEREMIAH MASON. JEREMIAH MASON TO MRS. MASON. Washington, December 12, 1813. My dear Mary, — I have become a little acquainted with Madame Bonaparte, b who has a house in the neighborhood of my lodgings. She invited me to come and see her as often as I please. I think it probable I shall avail myself of her invitation. She appears to be very lively and facetious, accomplished of course, and I think very handsome. Yesterday I dined at the President's. The party was mixed, and composed mostly of strangers to me. There appeared the affectation of ease without the reality. There was more state than elegance, and more elegance than good cheer. The President at his own table appears to little advantage. Mrs. Madison appears, I think, to more advantage, yet she by no means answers my ideas of a high-bred, courtly woman. She affects affability and good-humor, and is said to be pretty generally popular. From appearances I do not wish to expect much from the palace. (69) The appearance of political affairs is less promising than I had hoped. There is no prospect of speedy peace, and not much chance of successful warfare. ^ Sincerely yours, J. Mason. b Josephine, Marie Rose (1763-1814), wife of Napoleon I, and Empress of France, was born in Martinique, her maiden name being Tascher de la Pagerie. She first married Vicomte Alexandre Beauharnais (1779), who was guillotined during the reign of terror, then Bonaparte (1796). She exercised a profound influence over the emperor. Her union with Napoleon proving without issue, was dissolved in 1809, to enable him to marry Marie Louise, of Austria. Jose- phine died at Malmaison, which is a chateau, on the banks of the Seine, five miles west of Paris, France. It was purchased by her in 1789. After her divorce from Napoleon, she lived and died there. : Mrs. Madison,— "Dolly Madison"— born in 1772, was the rich and beauti- ful young widow of John Todd, of Philadelphia. Her husband was taken off by the epidemic of yellow fever, in his home city, in 1793,— three years after their mar- riage. In less than a year after his demise, at the age of twenty-two, she mar- ried James Madison, in 1794, a confirmed old bachelor of forty-three. She presided over the White House, under Jefferson eight years, and eight years as the wife of Madison. MEMOIR OF JEREMIAH MASON. 69 JEREMIAH MASON TO THE REV. JESSE APPLETON, D. D. Washington, December 21, 1813. My dear Sir, — After a fatiguing journey, I arrived here at the opening of Congress. I am glad that I came on the first of the session, as business of much importance has been acted on. An Embargo Act, containing the provisions of the former acts with additions and alterations has passed. The vote in the Senate was twenty against fourteen. I inclose you the President's confidential message now made public, by which you will perceive that a pro- hibition of importations to a great extent is intended. This meas- ure has excited much sensibility here, as I expect, it will in the Northern and Eastern States. I gave it all the opposition in my power. All the Federalists of course voted against it, but perhaps some of them find consolation in the belief that it will tend to destroy an administration which, if continued, they fear will destroy the country. Important results are certainly to be expected from this violent measure. I wish it was equally certain those results would be favorable to the true interests of the country. Such ex- pectations in similar cases have been so often disappointed, that I cannot readily give in to them. The merchants on whom these restrictions will in the first instance operate the most grievously, are of all classes of society the least apt to make a manly opposition. They have never acted with any concert, and have always in the end quietly submitted. Gain is their great object. They will never enter into a contest with the Government in which no money can be made. Last year they very valiantly determined to have nothing to do with the government loans. The event has shown that, with few excep- tions, they were unable to resist the prospect of (70) profit. If this act should be rigidly enacted, and continued long enough in operation to bear with its full weight on the yeomanry of the country (as in time it must) , an opposition may be expected which will put down the ad- ministration. This act has not been carried through the Senate by the personal influence of the President. He has not much influence. The administration party support him to gratify themselves, not him. The clamor excited among the people of the Southern and Western States effected it. Messrs. Giles, Stone, and Anderson, who voted 70 MEMOIR OF JEREMIAH MASON. against the act last summer, fearing they should not be able to stem the torrent, now voted for it. Mr. Giles frankly avowed this motive. He and others say they expect much evil from it and no good except convincing the people the attempt is idle, a most humiliating con- fession. Giles and Stone have gone home under pretense of private business, but I suppose for the real purpose of taking care of the Legislatures of their respective States now in session. This is cer- tainly a very humble employment for a proud man of high talents as Mr. Giles confessedly is. The apparently submissive acquiescence of the Senate to this measure for the pitiful reasons assigned, must doubtless tend to de- grade that body in the public estimation. It must not, however, be herein inferred that we are in future to act in entire submission to the executive will. Although our malcontent allies have failed us in this instance, they have not gone back to their ancient allegiance. The Senate contains some truly great men, and some others. Nearly all the talents are against the present course of public measures. I trust this will in the end operate favorably. Should the administration party immediately press their now im- portant project, they will, I think, carry it. It is most probable they will delay the attempt till they see how the embargo is relished by the people. The attempt made last winter to authorize the occupation by force of arms of the Floridas, it is expected will be renewed. It is pretended, you know, that a small portion on the western side is (71) included in the purchase of Louisiana. The pretense for the residue is a fear that the English will take it if we do not ; and also to prevent the English and Spaniards holding any intercourse with our Southern Indians. The army is to be arranged on a new plan. Many of the officers are to be deranged; Wilkinson and Hampton, if they survive their present sickness, must follow Dearborn. I do not mean into mat- rimony, but into disgrace. Harrison, who is now here, is to be brought forward, and if an army can be had, sufficient to conquer Canada, Armstrong will try to obtain the command. A project is to be brought forward to fill the army by a requisition on the militia. The plan is not matured. Some talk of an absolute conscription, others MEMOIR OF JEREMIAH MASON. 71 would admit of a fine in lieu of personal service. Something of the latter sort may be expected. This plan I think will fail by the refusal of the militia to march out of the limits of the United States. The Canada War will in all probability progress slowly. It is whispered that Bonaparte has taken offense at our sending ministers to make peace under the mediation of Russia, and that our minister in France has not been admitted to an audience by the Em- press, and further that Serrurier, the French Minister here, has written a very impertinent letter to the administration like Turreau's. 1 Mr. Madison seems determined to consider Gallatin as legal Sec- retary of the Treasury, be he absent ever so long. Many think that office now absolutely vacant. If Gallatin does not soon return, there will be a noise on the subject, but I cannot say what it will end in. Everything must give way to what may (72) affect the next presidential election. This is the mainspring that puts everything into motion. A silly story is now circulated by the administration people, that Governor Tompkins of New York is to be the candidate for the next Presidency. This is to gull the good Democrats of New York. Tomp- kins is said to be a good-tempered, inoffensive man of moderate tal- ents. The party cannot yet determine on their man. Any determina- tion would disgust many. It must therefore be postponed as long as it can be. I am personally as well situated here as I could expect to be, and on pretty good terms with those whose good opinion I think most val- uable. I however, feel severely the privation of domestic society and all its comforts and pleasures. I am glad to learn that Mrs. Appleton continues so well. Please to give my affectionate regards to her. I intend to write to you often and long. As my letters will be 1 On the fourteenth of June, 1809, a letter was addressed by M. Turreau, the French Minister, to Mr. Robert Smith, then Secretary of State, which was deemed offensive in tone, and subsequently withdrawn. A translation of the letter appeared in the Federal Republican, a paper published in Georgetown. See Niles's Register, vol. v. p. 37, where the translation, and a history of the letter, may be found. This matter came up before the House of Representatives, in January 1314, upon a resolution asking the President for information. See Niles's Register, vol. v. p. 355; Benton's Abridgment, vol. v. pp. 125, 157. 72 MEMOIR OF JEREMIAH MASON. neither very legible nor logical, I will not insist on your reading them, when you have anything better to do. But according to the course here, I wish you to consider them confidential. I am sincerely yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, Monday Evening, 20th December, 1813. My dear Mary, — .... The newspapers will have informed you before this reaches you that all the old embargo laws have been re-enacted, and that the President has recommended a more rigid enforcement of the non-importation laws against English goods. It has caused much excitement here, as it will through the Northern and Eastern States. The Southern and Western States are said to be clamorous for the measure. This subject was several days be- fore the Senate in secret session, and finally carried as it was ex- pected it would be from the beginning. Three, who voted against it last summer, now voted for it. The measure is violent, and im- 10 (73) portant consequences may be expected. I gave it all the opposition in my power. In the secret session, I made a speech which was well received, and I am told has been a good deal praised. 1 I have been urged to write it out and print it, but think I shall not. You will con- sider this, as you must everything I write, confidential. It is the more natural for me to write to you confidentially, as we are in Con- gress dealing much in that way. Personally, I am doing pretty well here. I have the prospect of being on good terms with those of whose good opinion I am ambitious Adieu, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, December 25, 1813. My dear Mary,— .... As I intended I am much by myself. I go to the Senate chamber usually about eleven o'clock, sometimes 1 Mr. Mason's speech on the embargo bill, was made December 16, 1813, and is to be found in Benton's Abridgment, vol. v. p. 79. It is a brief discussion of the merits of the bill; simple in language, plain and forcible in statement, and unimpassioned in tone. MEMOIR OF JEREMIAH MASON. 73 later; if no uncommon business occur, return by three P. M. and dine about four; the evenings I generally spend in my own cham- ber in reading. This I intend to pursue more uniformly. I am so far from the lodgings of most of the members of Congress, that I am seldom interrupted by their calls in the evening. This I deem fortunate. There are so few people here who have both the ability and inclination to entertain company, that I do not expect to be much interrupted with invitations. I shall not court it nor avoid it. I have had the honor of eating a formal dinner with the President, and have been once at Mrs. Madison's drawing-room. The room was very full of people who wanted to see and be seen ; I do not care much about either. I shall be seldom there. I shall eat my Christmas dinner to-day with Messrs. King and Gore, who lodge in Georgetown, about half a mile farther from the Capitol than I am. They are the best people here or anywhere else. A Mr. Living- ston of New York, with his wife and family, has taken a part of the (74) house in which I lodge, and live by themselves. Mrs. Livingston is the daughter of the late Chancellor Livingston, who was minister to France. They are very rich, and have a splendid equipage. Mrs. Livingston is an accomplished fine woman. I do not remember whether I have mentioned to you that I have become a little acquainted with Madame Bonaparte ; I have seen her several times. To me she is a new character ; she has all the quickness and volatility which is said to belong to the French, moves quick and talks fast and thinks little. She laughs much, but says she is unhappy, and I believe her; she has nothing to do but seek amusement. I fear she has nothing to expect which can afford her peace and happiness." Her companion, a Miss Spear (an elderly maiden lady), has a shrewd masculine understanding, has read much and thought more. They are opposites but rivals in nothing. Adieu, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, December 29, 1813. My dear Mary, — I yesterday received your letter of the 22d a Madame Bonaparte was now fifty years old, and died a year later, near Paris, France. 74 MEMOIR OF JEREMIAH MASON. inst., giving the distressing intelligence of the fire. I most sincerely sympathize with the sufferers; the distress must be extreme. We surely have ample cause for gratitude to Almighty God, that in the three great conflagrations which have surrounded us, we have been spared. The view of the ravage must have been horrible, and your distress great. Mr. Webster has just arrived here and is consider- ably agitated. He knows Mrs. Webster is with you ; I have told him she had best tarry there till his return, and that I was confident it would be both convenient and agreeable to you. I see no incon- venience in it, and know you will do all in your power to render her situation as pleasant as you can. Poor Colonel Walbach is in much distress ; I hope you have invited her to take shelter with you. I think with you, that there are none of the sufferers who can have stronger claims on you than Mrs. Webster and Mrs. Walbach. You will of course do whatever is in your power for any and all of (75) them. Some of them must be reduced to great distress and be in need of everything. I wish you to inform me of such particulars relative to our friends, as I probably may not be informed of by the public papers. I hope you have not and will not permit this distressing event to work so much on your feelings as to injure your health. Sincerely yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, Sunday, January 16, 1814. My dear Mary,— I have your letters of 7th and 8th instants. I am glad to hear you are all so well and happy in a visit from your father and mother. I will write to your father and send you the newspapers you desire. I write little political intelligence to any- body. In truth, there are few secrets of a political sort to be com- municated. Most things known here immediately find their way into newspapers ; and I do not like to indulge much in conjectures. It is difficult to form a very satisfactory opinion respecting the prob- ability of peace. I am rather inclined to the opinion that peace will take place, some time next summer or fall. But I am by no means sanguine in this opinion; some things look likely for peace, and some things have the opposite aspect. I dined yesterday at MEMOIR OF JEREMIAH MASON. 75 General Mason's. He claims to belong to the old-fashioned nobility of Virginia. He has a very charming situation on an island, in the river Potomac, near Georgetown. The rage of the day seems to be domestic manufactures. General Mason is a great merino man. 3 The second table-cloth, which was a very fine damask, was of home manufacture, and the thread all spun in the house. Mrs. Mason, who appears and is said to be a very fine woman, is also a notable house- wife. This union, contrary to our opinion of them, is said to be common in this part of the country. The prospect at present is, that the session will not end early in the spring. I shall be anxious to have it terminate as soon as the travelling becomes good. I (76) want much to be at home, out of this turmoil. The weather here has been unusually cold. The snow has been half a foot deep a fort- night. Last night a rain carried off the most of it, and the weather, which is now mild, will, I hope, soon finish the rest. Affectionately yours, etc., J. Mason. JEREMIAH MASON TO MRS. MASON. * Washington, January 23, 1814. My dear Mary, — . . . . You say some of my letters are short, and you want me to write you some politics. I doubt whether the subject would be entertaining to you. I have such subjects so constantly dinned in my ears, that I am almost tired with them. On the prospect of peace, about which there is such public interest excited, it is not easy to form a very satisfactory opinion. The de- feat of the French, and ill-success of our army on the Canada frontier, have greatly depressed the expectations of our government. At the present moment they doubtless wish for peace. But any trivial change of fortune or increase of their popularity, would change their wishes. The two governments have adopted such opposite prin- ciples respecting the right of impressing seamen, that it will be found no easy task to make peace. I have been at church today, and heard a Webster had 700 choice sheep on his Marshfield, Mass., farm and Clay had 50 Merino sheep driven over the mountains from Pennsylvania, to "Ash- land," his Lexington, Kentucky farm. 76 MEMOIR OF JEREMIAH MASON. a Mr. Mead preach who is much celebrated here. He is a young man, very simple and unaffected in his manner, earnest and impres- sive, with no show of learning, very zealous, and I think a little Methodistical. I was, on the whole, a good deal pleased with him. The most of the preachers here are very ordinary. I live a very reg- ular and somewhat monotonous life, amid all the noise and bustle of this place. My evenings I spend mostly in my chamber attending sometimes to business and sometimes to reading. I am tolerably supplied with books. I have been two or three times to Mrs. Madi- son's drawing-room, which I believe will answer for the winter. I think I mentioned to you I had made an (77) acquaintance with Ma- dame Bonaparte, and her companion, Miss Spear, and think it proba- ble, added, that I intended to pursue it. That was my intention. Her house is near my lodgings. She gave me an apparently very frank invitation to come and see her often, etc. I have sipped her tea several times, and have generally found her surrounded by fashion- able old and young men. She and her visitors are made up mostly of fashion. The conversation is, of course, of that tinsel kind, which is not even very interesting or instructing, and will not wear long. I am about concluding that I shall not derive much benefit from it, and do not intend to have much more to do with it. Messrs. King and Gore and their wives are the best people I have found here. I see them pretty frequently, and the more I see of them the better I like them. Mr. King is a very great man ; a Mr. Gore great enough. The women both have bad health, and not disposed to be much in com- pany. I begin to think of the end of the session, for I cannot express how ardently I wish to be with you. As yet no opinion can be formed when it will end, but I shall be very impatient as soon as the roads are settled in the spring. Adieu, J. Mason. a "Mr. King is a remarkably well informed man, a very judicious one, a man of address, a man of fortune and economy, whose situation affords just ground of confidence; a man of unimpeachable probity, where he is best known, a firm friend of the Government, a supporter of the measures of the President; a man who cannot but feel that he has strong pretentions to confidence and trust." — Gen. Alexander Hamilton, in letter to Washington to promote Mr. King's ap- pointment as Minister to Great Britain, 1796, to which he was appointed by Washington, and confirmed by the Senate.— 6 King's Life and Correspondence, p. 680. MEMOIR OF JEREMIAH MASON. 11 JEREMIAH MASON TO MRS. MASON. Washington, January 29, 1814. My dear Mary, — I have your letter containing your criticisms on my speech against the embargo law. Whatever I may think respecting your impartiality on this subject, be assured the world does not contain a person whose favorable opinion on this or any other subject, interesting me, I so highly appreciate. That speech when delivered was thought well enough of by those few who heard it, and who were predisposed to think well of it. Like occasional sermons, it was published at the special request of such of the hearers as liked it. Should it attract any notice (about which, although not anxious, I am not entirely indifferent) , it will, with the public, experience a similar fate. Such as are disposed to think (78) favorably of its author and objects, may probably incline to receive it favorably, while those otherwise disposed will treat it with contempt. From your letter, I fancy you have rather more sensibility respect- ing this bantling than I have. I advise you to moderate it. I have no intention of suffering my happiness to depend on popular breath. The foundation is too unstable. Subjects of high importance are almost constantly agitated here, and my mind has become much engrossed by them. Of the objects and intentions of the adminis- tration, I think worse than I formerly did. You expressed a wish I should write to you sometimes on political matters, and particu- larly to give you my opinion respecting the prospects of peace, which you may tell to those who so often inquire of you. The wish is natural and reasonable, and yet I cannot often comply with it. Un- less I write with great precision and attention, which I cannot well take the labor of doing, there would be danger of misapprehension which might be inconvenient. With you I have no secrets on this or any other subject, but you must keep them to yourself. You may tell anybody who inquires, that my opinion respecting the probability of peace seems to be very doubtful. This is the real fact. The rea- sons are many, and would be tedious in detail. I am gratified by knowing the children are doing well. Of all things this is the most important to us. The more I see and reflect, the more highly I 78 MEMOIR OF JEREMIAH MASON. estimate the importance of the early education of children. The instances of profligacy which I often see here, may generally be traced to the want of a good moral and religious education in early life. If habits of morality and religion are neglected in early life, they will usually never be acquired, and even if acquired at a later period, they will set but loosely. I know it to be unnecessary for me to impress on you the importance of this subject, but I assure you that from my observation here, it has acquired in my eyes addi- tional importance. Religion is the best if not the only foundation of morality. Without morality a man, whatever be his situation, either high or low, is good for nothing, and a woman worse than nothing. Give my love to the elder children and kiss the little ones (79) for me, and return my respects to Miss Pickering and such other of your friends as have sent me any. Affectionately yours, J. Mason. JEREMIAH MASON TO THE REV. JESSE APPLETON, D. D. Washington, January 29, 1814. My dear Sir, — I have your letter of the 14th of January, for which I thank you. When the peace overture (as the administration people call it) was first received and accepted by our government, strong expecta- tions were entertained that the negotiation must end in peace. But after more deliberate reflection, much doubt is expressed of the result. In their present depressed and disturbed condition the adminis- tration party doubtless wish for peace. They would at the present time accept of a peace on any terms which would afford them a good prospect of retaining their power. I am of the opinion they are much more anxious to perpetuate their own power than to secure the nation from disgrace, distress, or even ruin. This ought not to be believed of all of them, but I do believe it justly applies to a ma- jority of them. The total failure of our and the French arms has alarmed them. Any trifling success of either would change both their feelings and MEMOIR OF JEREMIAH MASON. 79 wishes. But even if they should continue to wish for peace, as it is probable they will, it is doubtful whether they can obtain such terms as they will dare accept. After destroying the commerce of the country and incurring an immense debt, they must obtain from Great Britain the appearance of some concession, or hazard the loss of their own power. Of what she calls her commercial rights, Great Britain will in reality concede nothing. I have seen a letter of recent date from a character of very high standing in England, saying that though desirous of peace the (80) government and people are on this subject united and determined. The same may be inferred from the Prince Regent's speech to Par- liament from Lord Castlereagh's dispatch to our government, and from the former negotiations. It is believed Great Britain will at the present time be extremely cautious on this point. She knows all the nations of Europe are jealous of her naval power, and justly fears that when freed from the French tyranny on land, they will endeavor to fix limits to this naval power. She will therefore be cautious how she concedes anything which she claims as a right, through fear that it may induce those nations to press her on other points, and that such concession may in some measure be urged as a precedent. For the same reason there will be a difficulty in ob- taining the mere semblance of a concession to enable our government to gull the people. Perhaps some device may be hit on to answer this purpose. On the great point of difference, the right of Great Britain to take her seamen from our merchant vessels, it is sup- posed by some she will agree to forbear the exercise of the right for a short period (by way of experiment to see what would be the effect) on condition we totally forbear to employ her seamen in the mean time. I think it probable some such expedient may be agreed on. But many believe our government have no intention for peace on any terms ; that this negotiation is opened for no other purpose but to obtain loans, fill the army, and gain popularity. The char- acter of the envoys lately appointed, and some other circumstances, tend to support such an opinion. You express a wish that Mr. King might be the envoy. There was some talk among his friends here of the same kind. But no- 80 MEMOIR OF JEREMIAH MASON. body who knew the President and his supporters believed there was the least chance for it. Mr. Bayard, you know, was a federalist of pretty fair character. He is, however, very ambitious, and had a strong desire to visit Europe. Fears are entertained that he and Mr. Madison have a more intimate understanding than the public know of. I do not believe that Mr. Bayard, when he left this coun- (81) try, expected to make a treaty under the Russian mediation. They could have no hopes of managing Mr. King. If you were not aided by certain theological opinions somewhat unfavorable to human nature, you would find it difficult to conceive the degree of wickedness and total depravity to which our great men here have arrived. They have drunk deeply at the French fountain. Wickedness and corruption constitute the only bond which unites them. They entertain the most violent jealousy and hatred towards each' other. I have lately received from a source not to be doubted, a budget of stories and projects which were in- tended to be put off for great secrets. Some of the particulars were new, but in the result not calculated to work any change of opinion. The individuals composing the administration and their imme- diate supporters, are often contriving plans to destroy each other. Fear of destroying themselves restrains them. How long such a bond of union will protect them I cannot say. There has been an intention to turn Armstrong out of office, which would have made a great explosion. Old General Dearborn was to have been again placed at the head of the army. But I believe A. has bullied them out of it. He in- tends to run down all the old generals who I really believe are good for nothing. He wants to be at the head of the army himself, but it is very doubtful whether he will succeed. He has more reputa- tion for talents than any man in the administration. There have been some very animated debates in both houses on the bill increasing the bounty for enlistments. No effect was pro- duced in Congress, and probably will not be anywhere else. A few days ago I moved a resolution in the Senate declaring the Treasury vacant by reason of Gallatin's absence. It is ordered to be taken into consideration a week from next Monday. There is MEMOIR OF JEREMIAH MASON. 81 good prospect of carrying it at this time, but I fear some who it is expected will vote for it will fail us. If carried it will be severely felt by the President. (82) The doings of the Massachusetts Legislature excite considerable attention., I fear they will go too far, and that the people will not support them. I think they ought to follow and not lead public opinion. I have not much information on the subject, but I do not believe the people of New England are prepared to support the strong declarations made by your Legislature. Indeed I do not sup- pose that anything more than mere declaration is intended at the present. 1 I rejoice that Mrs. Appleton continues so well. Please to make my respects to her, and believe me to be sincerely yours, J. Mason. The intention of invading Florida has subsided with the defeat of Bonaparte. JEREMIAH MASON TO MRS. MASON. Sunday Evening, February 6, 1814. My dear Mary,— I have not been at church today, but have been pretty much employed in my chamber in examining the merits of certain resolutions I moved a few days ago respecting a vacancy in the Treasury Department, by reason of the absence of Mr. Gal- latin. They have excited some attention, and are assigned to be debated tomorrow. I expect the administration party will post- pone them and not suffer the debate to be gone into, or the resolu- tions to be in any way acted on at present. This however is doubt- ful. There is some prospect we can get a majority in favor of the 1 The Legislature of Massachusetts, in the winter session of 1814, took very strong ground against the war and the policy of the administration, and more thon once went to the extreme bounds, alike of prudence and patriotism, if not beyond them. Mr. Mason had too much wisdom and too calm a tempera- ment to approve their course. He here is doubtless alluding to the answer of the House of Representatives to the Governor's speech, drawn up by Mr. Otis, and adopted by a large majority, January 21, 1814. See Columbian Centinel for January 26, 1814. 82 MEMOIR OF JEREMIAH MASON. resolutions in the Senate. If so, the President will be in trouble, and what is better will be obliged to appoint a new Secretary of the Treasury. 2 I believe I should have been better employed at church, (83) but the truth is I cannot well go for want of a seat. There is no place of public worship I like, except the church at Georgetown. I have an invitation into two pews, but when I have gone I generally find them full, and have to turn somebody out, which is unpleasant. The church is not larger than a New England school-house. I dined last week at a Mr. Peters' whose wife was a Miss Custis, grand- daughter of Mrs. Washington, with a very pleasant party of Kings, Gores, etc. Mrs. Peters is a fine woman, and reputed sensible. At the invitation of Messrs. King and Gore, and to help make up their party, I have been foolish enough to go again to Mrs. Madison's drawing-room. I trust I have now done for this season. I think - On the 24th day of January, 1814, Mr. Mason submitted the following resolutions: — "Resolved, That the Department of the Treasury is a principal and indis- pensable office in the Administration of the Government of the United States; "That the duties of this office are at all times important; that at the pres- ent time, when plans of finance are to be devised, taxes to be imposed, loans to be obtained, and large sums of money to be expended and accounted for, these duties have become more arduous; and that the talents, integrity, and diligence of a competent and responsible officer are alone sufficient to discharge them; "That, by his message of the 7th of June last, the President of the United States informed the Senate that he had commissioned Albert Gallatin, then Sec- retary of the Department of the Treasury, to proceed to Russia, and there, with others, to negotiate treaties of peace and commerce with Great Britian, and a treaty of commerce with Russia; "That, pursuant to such commission, Albert Gallatin departed from the United States in the month of May last, and hath ever since been, and still re- mains, without the limits of the United States; "That, by reason of the said commissioning, departure, and absence from the United States of the said Albert Gallatin, the office of Secretary of the Treas- ury became vacant, and is now vacant; "That such vacancy, in the office of the Secretary of the Treasury, affects the public credit, retards the current service, endangers the general welfare, and ought no longer to exist.'' These resolutions came up for consideration on Monday, February 7th, and after a brief discussion between Mr. Mason and Mr. Bibb, of Georgia, were postponed to the succeeding Friday, but on that day Mr. Campbell, of Tennessee, announced his resignation of his seat in the Senate, and was immediately after MEMOIR OF JEREMIAH MASON. 83 less favorably of peace than when I wrote you last about it I am, as always, affectionately yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, February 10, 1814. My dear Mary, — I have been gratified with your letter of 31st January., I am glad ;Miss Marsh is with you. I trust from your account of her you will be pleased with her society. I believe I mentioned to you in one of my letters that I had moved a resolu- tion in relation to the vacancy of the Treasury Department. The object was to compel the President to appoint a new Secretary of the Treasury. When the resolution was called up last Monday, I was prepared, with others, to go into a discussion of some length. One of the administration people moved to postpone it, assigning for reason, that the President would in a day or two nominate a new Secretary of the Treasury. To this I assented. It was considered here as somewhat of a triumph to compel the President to appoint a Secretary, as it is believed contrary to his previous intentions. He has since nominated G. W. Campbell, a Senator from Tennessee, who has been approved by the Senate. He has few of the neces- sary qualifications for the office. The Goldsboroughs who I mentioned to you, have come here. The nominated and confirmed as Secretary of the Treasury. The object proposed by the resolutions having been accomplished, Mr. Mason, on the 14th of February, moved the indefinite postponement of his motion, and submitted the following resolution: — "Resolved, That a committee be appointed to inquire in what cases the President of the United States may, consistently with the Constitution, be au- thorized by law to appoint persons, without the advice and consent of the Senate, to perform the duties of the Secretary of State, of the Secretary of the Treas- ury, of the Secretary of War, and of the Secretary of the Navy. And also to inquire whether it is necessary or expedient to repeal or amend the act of the 8th of May, 1792, entitled, 'An Act making alterations in the Treasury and War Departments,' and the Act of the 13th of February, 1795, amending the afore- said act; and that said committee report by bill or otherwise." Mr. Mason, Mr. Giles, and Mr. King, were appointed the committee on the above resolution, but no report was made by them, and the subject appears to have been dropped. (84) 84 MEMOIR OF JEREMIAH MASON. youngest daughter was lately married. Last evening they went to the Queen's drawing-room. I was much urged to accompany them but declined. It is rather a stupid place to frequent often. I have as much society here as I wish for. Perhaps one reason is that I do not wish for a great deal Sincerely and affectionately yours, J. Mason. (85) JEREMIAH MASON TO MRS. MASON. Washington, 13th February, 1814. My dear Mary, — I have received your very excellent letter of 6th inst. I have expressed my wishes to have particular attention paid to the education and morals of the children. But I have no fear that you will omit anything in your power, and I hope that my absence will not be any special inconvenience to them. Be assured, however, my desire to return home is not exceeded by yours to have me return. The weather has been for some time very unpleasant. There has been but one clear, sun-shining day for a fortnight. It is warm but cloudy and wet. My health, however, continues good. Were it not for the deprivation of all domestic society and enjoy- ment, I should like my situation here pretty well. This loss I feel very grievously. I am in company not a great deal, but as much as I wish to be. I am so far from the Capitol as not to be exposed to very frequent calls and interruptions of Congress people. By this means I have more leisure and better command of my time than I otherwise should have. I dine out not very often. Indeed there is not great danger of it. Invitations are not very pressing. In mixed tea-drinking parties I find not much amusement and still less instruction. I shall have little to do with them. I wish you to tell me what is said of the prospect of success at the approaching election. Affectionately yours, j. Mason. JEREMIAH MASON TO MRS.' MASON. Washington, Februa?-y 23, 1814. My dear Mary, — . ... My resolutions which you mention an- swered all the purpose intended. To avoid a discussion, the Presi- dent, contrary to everybody's expectation, appointed a new Secretary MEMOIR OF JEREMIAH MASON. 85 of the Treasury. Our people considered it a triumph. I shall in a few days have the subject up in a new form, which will afford an opportunity to review the President's conduct, and provide against (86) it in future. The new Secretary is good for nothing, but that is not our fault. I perceive by your letters you have an inclination to become a politician. As my taste is inclining that way, I do not dislike being joined by you. I fear the journey may not prove very pleasant. I intend to retain the power of stopping and turning back when tired. When that shall happen, I have no doubt you also will be enough tired of the pursuit to join me in quitting it. As always, sincerely yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, Febymary 27, 1814. ^- My dear Mary, — It is almost a week since I received any let- ters from you or the children. You must write often. If you do not find time to write long letters, write short letters. I want to hear from you often. Affairs here go on much in the usual style. The government conduct badly, and the opposition complain griev- ously. I see little prospect of things mending for the better. The government is often perplexed and embarrassed, but they have no intention of changing their course, and will not do it till compelled. I do not see much chance of things getting into a better channel. Mr. Francis Blake, who has been here several days, says he expects his brother George and wife here in a few days. Richard Derby and his celebrated wife arrived here two days ago. Master Richard called on me yesterday. I think it probable I shall see his wife, as I suppose she has come here to show herself. I was invited to spend this evening at Mrs. King and Gore's, where she was to be, but I was detained by engagements at home. I take little interest in the generality of the company I see here. Mr. Granger, the Postmaster- general, has just been turned out of office. It makes considerable noise, but will soon blow over. I believe all the children owe me let- ters. I hope the dear little souls are well. Give my love to them all. With sincere affection, yours, J. Mason. (87) 86 MEMOIR OF JEREMIAH MASON. JEREMIAH MASON TO MRS. MASON. Washington, March 20, 1814. My dear Mary, — . ... I continue to enjoy good health, and except when vexed by the recollection of the situation of public affairs, in pretty good spirits. I entertain very unfavorable opinions of the conduct and characters of the persons in government. With few exceptions their object is personal aggrandizement, which they pursue without much regard to the public good. The means they use to effect their purposes are sometimes mean and base, and wholly unfit for honorable men. Entertaining such opinions of them, you may be sure I court no personal intercourse with them. The little intercourse I have with them is formal and ceremonious. My second invitation to dine at the palace (which is a matter of course) I de- clined for indisposition. Among those who generally support the administration, there certainly are some honest, honorable, and lofty- minded men. They sometimes find themselves embarrassed in sup- porting the measures of the government. In the opposition may doubtless be found many ambitious men, but with few exceptions I think their objects are honorable, and if attained would prove bene- ficial to their country. The Mr. Blakes have returned home. I saw but little of them. Ogilvie has been here delivering his orations and recitations some time. I have not yet been to hear him, but intend to. He inquired after you and his Portsmouth friends with appar- ent interest. I intend to write to the children if I have time. Make my respects to Mr. Fales and Miss Marsh. I am, truly yours, J. Mason. P- S.— The news we have of the New Hampshire election is not very gratifying. We suppose it carried by a very slim majority. (88) JEREMIAH MASON TO THE REV. JESSE APPLETON, D. D. Washington, March 27, 1814. My dear Sir,— I did not intend to have neglected so long to answer your letter. Some engagements and much habitual indolence must be my excuse. MEMOIR OF JEREMIAH MASON. 87 I agree with you in opinion that the Legislature of Massachu- setts, in their late measures of opposition, went quite as far as duty or prudence would permit. The situation of the nation is in many respects truly deplorable, and the prospect of a change for the bet- ter almost hopeless. I cannot, however, think it prudent to excite among the people an inclination to look to a dissolution of the Union for relief. I do not believe any considerable number have even thought of attempting it. I am confident the people in no section of the Union are prepared to think favorably of such an attempt. I am pretty well informed of the extent of the projects in Massachusetts. They went far enough; but a dissolution of the Union was not in- tended. All the advice from this place dissuaded from violent meas ures. It is not easy to point out the means of relieving the country from its present distress; but surely a dissolution of the govern- ment should be the last resort. It is a sort of suicide. If effected it would ruin the country. The attempt without success would ruin the party making it. Suppose the present government destroyed, is it certain the Northern and Eastern States could again agree to associate under any form of government? If they did, would they get a better government than the present, or would it not probably be as badly administered. Where is the security of being more free from internal faction and the corrupt influence of wicked demagogues ? We should certainly be more exposed to foreign influence, and be in constant danger of collision with the States not associated with us. Indeed I see no probable way in which a dissolution of the Union would take place without a civil war. Such a war might terminate 12 (gg) in the establishment of separate governments, but I think more probably in an arbitrary government over the whole. At present there is in this country little fear of jealousy of the exercise of arbi- trary power. The people never having suffered to any considerable degree from such power know not its evil effects. They love the theory of a free government because they have always heard it praised, and they love the practice of it because they have long lived happy under it. They also hate both the principles and prac- tice of an arbitrary government, but they do not fear them. They seem to think there is no possibility of the establishment of an arbitrary government in this country. I cannot help thinking some- 88 MEMOIR OF JEREMIAH MASON. times that this extreme confidence in our supposed safety is danger- ous. After witnessing the wonderful revolutions of the govern- ments and conditions of the nations of the world within the last twenty years, brought about also by the consent or culpable apathy of the people, we ought not too readily to believe it impossible that something of a similar nature may happen in our own country. Our political institutions are new and not very well understood by the people. Our government is weak, and has been for the last thirteen years carried on by courting their prejudices and worst passions. I am not certain that our people are so much more en- lightened and virtuous than the rest of mankind, as their dema- gogues are constantly telling them. We are not without ambitious spirits ready to take advantage of occasions. I do not, however, believe there is any immediate danger of the establishment of an arbitrary government by usurpation. I think the country is not yet prepared for it, but I fear it is preparing. I do not see much chance of the government's getting into better hands. Should that happen, no men in the nation could raise it from its present degraded condi- tion up to the tone and style of Washington. The government must probably for many years remain in this degraded state, vibrating between life and death. The administra- tion may often pass from one faction to another. Each faction, with intent of securing the continuance of their power, will gratify the worst prejudices of the people, and pursue measures they know to be base and unworthy. Such a course would probably soon end in confusion, out of which might arise a new order of things, were it not that the State governments will be able, as it is hoped, to afford a tolerable degree of security for individual rights. Serious apprehensions are entertained for the loan of the present year. The government dare not lay new taxes, or even perpetuate the old ones, and pledge them for the redemption of the loan. I think the loan will be obtained, but probably on terms very disadvan- tageous to the country. A project is just started of creating a Na- tional Bank, with a capital of thirty millions to aid the loan. General Hampton has resigned. Wilkinson will be laid aside. It is probable a court of inquiry is ordered on the subject of his last campaign. Contrary to expectation last fall, Harrison will be kept MEMOIR OF JEREMIAH MASON. 89 in Ohio or among the Indians. The young Generals Izard, Brown, McComb, Smith, etc., will be brought forward. Izard will probably have the chief command. I think no Lieutenant-General will be appointed. The Secretary of War will keep all the operations of the army as much as possible under his own direction. He has the reputation of more talents than any other in the administration. Till within a few days it was confidently expected Congress would rise the 11th April. It is now doubted. I hope to be at home by the last of April. You seem to have a good prospect of preaching quantum sufficit at Boston elections. I think they are disposed to draw rather heavily on you. My respects to Mrs. Appleton. I am as always truly yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, April 7, 1814. My dear Mary, — I can give you no more certain information respecting the rising of Congress than in my last. The House of < 91 > Representatives are now employed in repealing the embargo and non-intercourse acts, and on a bill to incorporate a great national bank. Several other projects are on foot which will consume con- siderable time. The spring is coming forward rapidly. The cherry- trees are in full bloom, and the weather has become mild and pleas- ant. I wish very ardently to be on my way home. I have become tired of being here, and almost everything and everybody I see here. You may therefore be certain I shall write you as soon as I can. Give my respects to Mr. Fales and Miss Marsh, and love to the children. Sincerely yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Philadelphia, April 22, 1814. My dear Mary, — I went on board the steamboat, as I wrote you I intended, in the afternoon of Wednesday. It was stormy when we 90 MEMOIR OF JEREMIAH MASON. set out, and increased during the night, which was extremely dark. About midnight the boat struck on a sand-bank. It was so dark that nothing could be seen. We supposed ourselves near the west- ern shore. In that situation the boat remained till daylight, when we discovered ourselves to be near the middle of a narrow part of the bay, two or three miles from either shore. Had we known our situation during the night we should have felt somewhat uneasy. The tide set the boat afloat at six o'clock, and without further diffi- culty we got to Frenchtown at noon. In the afternoon we crossed theisthmus to Newcastle, on the Delaware, and there went on board another steamboat, which brought us here about two o'clock last night. The weather has been very bad, which has made the roads unusually bad. Thus far, however, I have come on without much fatigue, and am entirely well. I intend to set out tomorrow or on Sunday for New York, in a line of stages which goes through Somer- set in New Jersey, north of the common route, and is two days in going through. The roads that way are said to be pretty (92) good, a part of the other way almost impassable. The stages are much crowded., In your last letter you mentioned that there was talk at Portsmouth of danger from the enemy. I have since seen a para- graph in the newspapers that a squadron was supposed to have been seen off the Isle of Shoals, and that the vessels had been moved up the river. I hope there is no occasion for the alarm. If an attack should be made, it must be known several hours before the enemy can be in possession of the town. I wish you not to be alarmed by conjectures or idle reports. If, however, a real attack is made (as I have before told you) , I wish you immediately to fly into the country. The best road will probably be towards Exeter. Do not delay to re- move furniture. Put a few light articles of most value into the horse- cart with yourself and children, and take Mr. Fales or Joshua to con- duct you. If Joshua or some of the servants would tarry at the house it would be best. I doubt whether they would. Joshua would prob- ably be called out with the militia. If none would tarry, let them follow you. Shut up the house and secure it as well as you can from thieves, in case the enemy should let it alone. Their principal object will be the destruction of the seventy-four gun ship. I do not expect they would attempt a landing in the town, should they destroy or try to destroy the ship. I wish you, however, not to rely on that ; MEMOIR OF JEREMIAH MASON. 91 but if an attack should be made on navy-yard or port, instantly to retire. I do not suppose there is any probability of such an attempt. I still wish you to be prepared how to act in case of such an event, so as not to lose time by indecision. At New York I shall expect a letter from you. Should the alarm continue, I shall hasten home as fast as possible. I shall set out for New York tomorrow, if I can get a seat in the stage without being excessively crowded. I want to tarry in New York a day or two if I can. Affectionately yours, ' J. Mason. The third session of the Thirteenth Congress began on the 19th day of September, 1814, having been summoned by a special proc- (93) lamation of the President. The events which had taken place since the adjournment in March, were not of a kind to exhilarate the public mind or lessen the task of the administration. On the Ni- agara frontier, the tarnished honor of American arms had been in some degree restored by the gallantry and good conduct of General Brown and General Scott ; but in settling the military account of the summer, the balance was decidedly against us, and the war had gradually passed from an offensive to a defensive kind. The national pride had been deeply wounded by the capture of the Chesapeake in June. The eastern coast of Maine was in possession of the enemy, and most of the seaport towns were blockaded by his fleets. In Aug- ust a British force had marched to Washington, burned the Capitol, the President's house, and some of the other public buildings, and retired. In local and state elections the Democratic party had lost ground, and sullen and ominous clouds of opposition were gath- ering in the northern heavens. The currency was disordered, the finances were in the greatest confusion, the expenses of the govern- ment far outran its income, and in consequence its credit had sunk so low that the poor resource of borrowing, on which it had thus far relied to supply the deficiency, seemed likely to stop. The ad- ministration were at their wits' end, and the President's special mes- sage at the opening of the session was a pathetic appeal to the coun- try for men and money. Mr. Mason did not take his seat till the 4th day of October, and he remained in Washington till the 24th day of February, a few 92 MEMOIR OF JEREMIAH MASON. days before the close of the session. He was constant in his place in the Senate, and his name appears in several occasional commit- tees. He made an elaborate speech on the Militia Bill, hereinafter noticed. Much of the time of both houses of Congress was given to the question of a bank of the United States, and Mr. Mason, who understood the subjects of banking and the currency, doubtless took part in the Senate discussions on the subject, but the system of re- porting was very imperfect in those days, and much of what was said in debate was never set down. (94) His letters to his wife and his friend Dr. Appleton give us glimpses of the course of public business and of his share in it. JEREMIAH MASON TO MRS. MASON. Washington, October 6, 1814. My dear Mary, — . . . . The expectation of a removal to Phil- adelphia gains strength. It will be determined in a few days in the House of Representatives. I still think the issue very doubtful. The discussion has created a most violent excitement among the people of this district and vicinity. The derangement occasioned by the visit of the enemy to this place is much greater than I nad supposed. The destruction of the public buildings and papers pro- duces serious inconvenience. The Administration are severely and almost universally condemned for their misconduct on that occasion. They seem to be falling into general contempt. Poor Mrs. Madison, it is said, shows the most sensibility on the subject. In her flight from the enemy, she was not only without assistance or consolation from the inhabitants, but treated with abuse. The President left her to shift for herself. She often heard her husband execrated for his mis- conduct and pusillanimity. On the night the British occupied the city, she attempted to find refuge in a private room of an inn, about twenty miles distant, which was occupied by a lady who rudely and peremptorily ordered her to depart. The disgraceful and distressing •stories told are innumerable. Sincerely yours, J. Mason. MEMOIR OF JEREMIAH MASON. 93 JEREMIAH MASON TO MRS. MASON. Washington, October 8, 1814. My dear Mary, — Nothing 1 has yet taken place which is consid- ered in any measure conclusive on the question of removal. Were it not for the excitement and clamor of the inhabitants of this place, I should expect we should remove. As the matter is, I am wholly (95) in doubt as to the final determination. The government is in utter confusion and distress. Without a cabinet, without credit or money, the nation is in a most deplorable condition. Opinions of the pros- pect of peace are as various as they were with us before I left you. The intention of the government seems to be to lay heavy taxes to re- store their credit. Tell Mary I received her letter and will answer it soon. Faithfully yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, October- 16, 1814. My dear Wife,— .... The House of Representatives yester- day determined, by a majority of five or six votes, against removing to Philadelphia. I was prepared to expect it. If the war continues, I think the government will be removed from this place within a year from this time. More despatches are expected soon from our Commissioners at Ghent, which will probably give notice that the negotiation is ended. There is a possibility, but little probability, the negotiation may be continued and terminate in peace. Some of the terms proposed by the British envoys are wholly inadmissible. Our government is destitute of everything the exigency of the times requires. The country must probably encounter extreme suffering. I do not believe the enemy thinks of attempting a permanent con- quest of any portion of our country. I am glad the alarm and appre- hension of the people at Portsmouth has in some measure subsided. I do not, however, from this infer that the real danger is lessened. I wish you to continue in the same preparation for removal till the middle of November. After that time the boisterous weather will 94 MEMOIR OF JEREMIAH MASON. afford a defense. I had not much real apprehension of an attack when I left you. It is, however, still possible. Faithfully and affectionately yours, J. Mason. (96) JEREMIAH MASON TO MISS MARY E. MASON. Washington, June 24, 1813. My dear Mary, — I am very glad you remembered to write me on Wednesday in the afternoon as I requested you. When I am so far distant from all those I love best, it affords me great pleasure to hear from them often. I therefore request you to continue to write to me at least once a week. As soon as you have learned a little more French you may write to me in French, and I will en- deavor to construe your letters. I presume it will take me longer to construe them than it will you to write them. I wish you to perfect yourself in French as fast as possible. I intend to go to studying it when I come home, and I shall want you to assist in instructing me. I want to see you all much. Kiss James, Jane, Robert, and little Charles for me. Your affectionate father, J. Mason. JEREMIAH MASON TO MISS MARY E. MASON. Washington, January 23, 1814. My dear Mary, — I was pleased by receiving your letter, and more by those from your mother and Mr. Fales in which they praise you. When I am removed so far from you, and am often thinking of you with anxiety, you cannot conceive what pleasure it gives me to be assured you are doing well. I promise myself much pleasure when I come home in the spring, to find you have made much progress in all your studies, and especially in your French and music. I men- tion these because you may not always have so good instructors in those branches., I wish you to excel in everything praiseworthy. Industry will do all that is necessary in your studies. You must also be accomplished in your manners, amiable in your temper and dispo- sition. Let no envious malignant passions find a place in your breast. If habitually indulged, they will render all accomplishments useless, MEMOIR OF JEREMIAH MASON. 95 and destroy your happiness (97) both in this and a future world. Be 13 diligent, virtuous, and truly religious, and you will not only be happy yourself, but greatly conduce to the happiness of all your friends. That you may do so is the earnest prayer of Your affectionate father, J. Mason. p. s. — Give my respects to Miss Payson. JEREMIAH MASON TO MISS MARY E. MASON. Washington, October 16, 1814. My dear Mary, — I have received your second letter, and am glad to see you are so willing to write to me. I shall be pleased with your letters, however frequent. Your mother informs me that you and the other children behave exceedingly well. Be assured nothing could give me more pleasure. Could you duly appreciate the satis- faction your good and correct conduct affords me I am confident your affection for me, were there no other reason, would induce you to persevere in it. Children can hardly conceive to what a degree their conduct affects the happiness of their parents. I am certain my happiness in this world will depend in a great measure on my chil- dren. It will be my endeavor that they shall not be disappointed in any just and reasonable expectation from me, and I trust none of them will disappoint my hopes. Your affectionate father, J. Mason. JEREMIAH MASON TO MISS MARY E. MASON. Washington, October 20, 1814. My dear Mary, — You have written me two letters which I have not answered. I ought to have answered them sooner, — particularly the one in which you inform me of your heroic conduct in having those two teeth extracted. I am exceedingly glad that ugly affair is over, and greatly commend you for it. I do not doubt the (98) opera- tion was painful for a few minutes, but the benefit will be permanent. You may learn from this never to give way to idle fears, but always 96 MEMOIR OF JEREMIAH MASON. to collect resolution to do whatever your duty requires. A timid person often suffers much unnecessary pain through causeless fears. You express an apprehension that you shall not arrive to any great perfection in music. I thought you made very considerable progress last summer. I wish you to persevere. With industry, I doubt not you will soon play very well. I have a letter from your uncle Appleton, in which he says Mary Appleton will spend this winter with you. I am glad of it, as she is a good girl and will be an agreeable companion for you. If she is now there give my love to her. Your affectionate father, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, Sunday Evening, October 30, 1814. My dear Wife, — This afternoon I went to Mr. Addison's little church, and heard a very pious, good discourse. His is the most orderly and best place of worship here. I can obtain a good seat without crowding anybody out of it, I intend to go pretty constantly this winter. I have two or three invitations for seats, but they are often filled. The church is very small, and generally full. I yester- day had the high honor of eating a state dinner with their majesties. The President is more despised by his political opponents, and less re- spected by his friends, than he ever has been heretofore. The mis- fortune attending all his measures tends to sink him into contempt. I consider him the immediate author of all the misfortune of the country. I wish to see as little as possible of him. Mrs. Madison, it is said, is about establishing her public drawing-room., I think I shall trouble it very little this season. Everything wears a sad as- pect. The desolation of last summer makes a deep impression. The winter will be duller than the last. Less company to (99) amuse, and worse prospects to depress us. The political horizon is so dark as almost destroys hope. As yet little has been done, but we shall not long remain inactive. I feel less pleased with my situation here than I have heretofore. I very often turn my thoughts home to you and our dear children. There I see peace, quiet, and happiness. I pray God this source of consolation may remain undisturbed ; without it I MEMOIR OF JEREMIAH MASON. 97 should be most wretched. My separation from you and exposure to the turmoil and tumult of political life has taught me to appreciate more justly domestic enjoyment. I believe I never rated very highly the pursuits of ambition. Among those who have run this race most successfully, I see few happy or satisfied. Our country affords but slight inducements to engage in it. My inclination for it is cer- tainly not increasing. I wish you to be particularly attentive to your health, and when you write inform me precisely how it is. I intend this evening to write to the children. Your affectionate husband, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, November 2, 1814. My dear Mary, — I am rejoiced to know by your letter of 26th October, that everything with you is so well, especially that the chil- dren conduct in all respects so satisfactorily. One strong objection, among many others, to my being so much absent from home, has always been depriving them of my advice and assistance. I hope this will prove no disadvantage to them. I have no fear but you will perform towards them every duty in your power. I think their proper education one of the chief objects of my life. The more I see and reflect, the more deeply am I impressed with the importance of inculcating early in their minds their moral and religious duties and honorable sentiments. I would not wish their religion to be of a gloomy cast, which often tends to superstition and enthusiasm, nor to consist of unintelligible dogmas, which bewilder the mind, but mild and rational, which may ameliorate their hearts and regu- (100) late their conduct. You mention your surprise that Mr. C. Cutts should be chosen Secretary of the Senate. Perhaps your surprise will be increased by my telling you that it was by my vote and those of some of my friends he was chosen. The fact was we were unable to elect the person we wished, and if we did not take Mr. Cutts we should have had a person we liked much less. His brother, Edward Cutts, has to-day been put into the office of Collector of Internal Taxes. He was approved in the Senate by a majority of one only. I was among the non-contents. This news is for your- 98 MEMOIR OF JEREMIAH MASON. self. My trunk at O'Neals' of which you inquire, I found safe. My lodgings at Crawford's Inn, in Georgetown, are pretty good. I have a very excellent chamber, consisting of two apartments (for which, by the way, I pay an extra price). There is too much com- pany in the house. The sort of it which I am with is very good, consisting of Messrs. Goldsborough, Gaston, Lewis, of Virginia, Miller, and two or three others. Messrs. King and Gore and their wives,' who are the best people here, I see often and with much sat- isfaction. Madame Bonaparte has disappeared with the French Em- peror. Whether she has retired to Elba 3 or Baltimore, I know not. Give my respects to Mr. Fales, and tell him to get of Tappan and Foster the reviews you mention. My love to the children and yourself. Faithfully yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, November 6, 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 long 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 (101) sometimes more than ordinarily occupied a few days. This, how- 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 haye 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 a Napoleon was banished to Elba, an island in the Mediterranean Sea, from May 4, 1814, to February, 1815. This island is off the coast of Italy, 5 or 6 miles therefrom; measures 18 miles by 6 miles, area, 86 square miles. REV. JESSE APPLETON. MEMOIR OF JEREMIAH MASON. 99 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. JEREMIAH MASON TO MRS. MASON. Washington, November 12, 1814. My 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 got 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. 1 I dislike the labor and have not vanity enough to believe it will do me much credit. I am (102) 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 amuse- ment, 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 1 The speech to which Mr. Mason here alluded, was delivered in the Senate, Wednesday, November 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, fon their respective quotas of — — thousand militia, for the defense of the frontiers of the United States, and is reported in the Annals of Congress for the Third Session of the Thirteenth Congress, p. 77. It is an able and rather elaborate speech, pointing out with much force the Constitutional ob- jections to the measure, and its dangerous tendencies. After much discussion, and many amendments in both Houses, the bill was finally indefinitely postponed in the Senate. See Hildreth's History of the United States, vol. iii. (Second Series), pp. 539-541; Curtis's Life of Webster, vol. i. p. 139. —8 100 MEMOIR OF JEREMIAH MASON. 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, November 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) knowing the just merits of this speech aforesaid, and concluding you must be a perfectly impartial judge, I wish for your candid judgment on this subject. The speech, when made, was pretty well received. What its fate will be with the public, I know not, I cannot say, care not. The subject is important enough to excite interest. I have no doubt the subject of conscription will undergo, both here and among the people, ample discussion. Mr. Gore has just delivered a very eloquent speech on this subject, in a bill introduced since the one I attempted to discuss. Mr. Giles is now answering it. The children, MEMOIR OF JEREMIAH MASON. 101 in their letters received since yours, say nothing about the fever. I hope it does not prevail. Sincerely yours, etc., J. Mason. JEREMIAH MASON TO THE REV. JESSE APPLETON, D. D. Washington, November 24. 1814. 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 I 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 and $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 (104) cent, on ten millions, which brings the expense of that loan to the rate mentioned. This is sufficient evidence of the miserable condition of public credit. It is feared the proposed terms cannot be obtained in season to bring relief. The project for a bank of paper stock to issue paper 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 for a long time. Our best people here do not think very favorably of the terms 102 MEMOIR OF JEREMIAH MASON. 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 Grenville Treaty of which you inquire begins at the mouth of the Cuyahoga River (entering into Lake Erie) , and runs southerly about half way to the Ohio and then westerly to the west 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 territories of Michigan, Illinois, and Indiana, and all north of those territories. 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 non 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 con- tained 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) answer. It 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 the people discover the General Government is unable or unwilling to defend them, they will soon withdraw all support from it, and look for relief to their State gov- ernments. If compelled to tax themselves to support their militia and State troops, they will not at the same time pay heavy taxes to the United States. I have no satisfactory information of the views and intentions of MEMOIR OF JEREMIAH MASON. 103 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 quietly. I think New England will not. 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, (106) 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 bill as to the others. On the report's being mentioned with approbation I 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 a The Hartford Convention was a secret political convention that met at Hartford, Conn., from December 15, 1814, to January 5, 1815, at the suggestion of the Massachusetts Legislature. It was composed of 26 Federal delegates from Massachusetts, Connecticut, Rhode Island, and two counties of New Hamp- shire, and one from Vermont. The object of the convention was to devise means of security and defense, and safeguarding the rights of the individual states. It was in opposition to Madison's administration, but as peace was declared before the convention adjourned, the amendments recomJmended by the conven- tion to the National Constitution were abandoned, but it did much to hasten the downfall of the Federalist Party. 104 MEMOIR OF JEREMIAH MASON. sermon it was published at the request of some of the hearers, and as I have heard you say, in 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 mis- understanding with him, which by taking some trifling 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 President is often subject to bad health, and is now sick though not dangerously. This gives considerable importance to this election. The Federalists and a few others will vote for Mr. King. 1 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 prevent 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. (107) JEREMIAH MASON TO MRS. MASON. Washington, December 4, 1814. My dear Wife,— 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, and those I mostly decline. The truth is, the inhabitants here, with few exceptions, are good for nothing. I am much more engaged in business than I was last winter. The Con- gress library having been burnt, I have not access to any good li- brary 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 1 For the place of President of the Senate vacated by the death of Vice President Gerry. MEMOIR OF JEREMIAH MASON. 105 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 the 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 aim 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 pleasure 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. (108) JEREMIAH MASON TO MRS. MASON. Washington, December 11, 1814. My dear Wife, — The last letter I have of yours is of the 30th November, containing your very concise criticism on my speech. As it is as favorable to the author as it is concise, I shall find no fault with it. The subect 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 deeree, in the House of Representatives. We have had an interesting dis- 106 MEMOIR OF JEREMIAH MASON. cussion 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. 3 1 feel considerably anxious about your health. I wish you to write me exactly how you are. If neces- sary, 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 neces- sary, 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 in- clinations 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) you had rather a solitary Thanksgiving. I think you had best not live too solitary. I fear you will permit your spirits to a That Mr. Mason put Rufus King at the head of all orators he had ever heard, is high praise, as Mr. Mason was a man of wide experience, and had heard the best speakers in the land. "To Mr. King, it was assigned to answer Mr. Burr (Aaron Burr), if he should take part in the debate. Otherwise, he was not to speak. Mr. Burr did not nise to address the chair until the president had proceeded half way in putting the question; and then commenced and went through a discourse of considerable ingenuity. When he had finished, Mr. King immediately replied; and is said to have displayed his talents as an orator more powerfully than on any occasion during his whole life. An able judge of eloquence, and one of the first men of our country, represents the exhibition as transcending anything that modern, if not ancient times, ever produced. He says the orator worked himself up into such a frenzy, that he leapt from the floor and that extravagant as this action may now appear, it was no more than 'the action suited to the word.' * * * Of late years it has been observed, that Mr. King has, with the animation of his manner given place to a more calm and dignified modera- tion."— William Coleman— Sketch of Rufus King, Delaplaines Repository, vol. i. p. 184; cited in 1 Rufus King's Life and Correspondence, 532. MEMOIR OF JEREMIAH MASON. 107 become depressed; nothing can be worse for your health. I think there is more danger from depression of spirits than is generally sup- posed. A cheerful mind is a great protection for health of body. I am also of opinion that our feelings may, by proper pains and manage- ment, be kept, in a great degree, under our own control. I think I have that control over my feelings, to a considerable degree, and I am certain they are not of the most manageable sort Affectionately yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, December 18, 1814. My dear Wife, — I have received your letter of 9th December, for which I 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 much more disagreeable than 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. Except 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, (110) 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 probably be the amount of our intercourse this season. Should I by chance see Mrs. Lear, 108 MEMOIR OF JEREMIAH MASON. of whom I think very favorably, I will certainly remember your mes- sage to her. If I have time I shall write to the children, if not, give my love to them. Sincerely yours, J- MASON. p g Tdj Mary I will write to her soon. Kiss little Robert and James for me. JEREMIAH MASON TO MISS MARY E. MASON. Washington, December 20, 1814. My dear Mary, — I received your letter dated 11th of Decem- ber, yesterday. I am pleased with your account of the manner 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 religion should never be forgotten. The observance of them is as necessary to secure happiness in this world as in the next. 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 inconsistent 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 fu- ture, cultivate sentiments of piety and religion. Let such sentiments become habitual, and they will be your best protection against misfor- tune and greatest security for happiness. Your affectionate father, J. Mason. (ill) JEREMIAH MASON TO MRS. MASON. Washington, December 22, 1814. My dear Wife, — When I last wrote you, I happened to be in a train of sombre reflections, some of which, after I had sent the letter, I recollected I had imparted to you, and was sorry for it. I do not permit myself often to indulge such reflections, and less MEMOIR OF JEREMIAH MASON. 109 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. Washington, December 27, 1814. My dear Wife, — I have received today 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. I 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 morning 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 (112) 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, however, 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 session. Should it be necessary on account of your health, I will come at all events. I wish you therefore (as I have heretofore), to write me how you are, and what your wishes are on this particular. The 110 MEMOIR OF JEREMIAH MASON. belief that an attack has been made on New Orleans, creates much apprehension Faithfully yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, January 1, 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 useful to them. They are too large for my frank, and I 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 will 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 solme time. To- day is like our weather in the latter part of October. I shall go to church in the afternoon. As you took so much interest in the sub- ject 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 (113) debate in the House 15 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. JEREMIAH MASON TO MRS. MASON. Washington, January 15, 1815. My dear Wife, — . ... 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 MEMOIR OF JEREMIAH MASON. Ill 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 expect my presence here will be of much importance. Yet I do not incline to be absent, with- out 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 con- venient 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 discussion, on the amendments proposed by the House of Representatives. I hope we shall in a few days be rid of it in some way, for I am heartily tired of it.i I expect it will finally pass pretty much as amended by the House of Representa- tives, which will still leave it (114) 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. Gore. It is very incorrectly printed. ; -vwpf! JEREMIAH MASON TO MRS. MASON. Washington, January 29, 1815. 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 im- portance, except the satisfaction I know it would afford me. I ex- pect to have been able by this time to say with certainty whether 112 MEMOIR OF JEREMIAH MASON. 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 inconvenience. 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 a 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 justi- fiable. My inclinations lead me so strongly to that course, that I almost fear to trust my own judgment to determine. 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 newspaper reports of the sickness in Virginia. As usual, the statement has been exaggerated. The sickness of Alexandria has abated. I doubt whether any cases of that disorder have ever been nearer (115) this place. I had accepted an invitation to dine today at Alexandria with a Mr. Swan. I did not go, but not through any apprehension 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 here. 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 a Daniel Webster (1782-1852). Says Dr. John Lord, vol. iv. Beacon Lights of History, pp. 449-50: — "In his legal career, when for nearly forty years he discussed almost every issue that can arise between individuals and communi- ties, some half a dozen have become historical, because of the importance of the principles and interests involved. In the Gibbons and Ogden case he as- sumed the broad ground that the grant of power to regulate commerce was ex- clusively the right of the general Government. William Wirt, his distinguished antagonist, then in the height of his fame, relied on the coasting license given by the states; but the lucid and luminous arguments of the young lawyer (then 42) astonished the Court, and made old Judge Marshall (then 69) lay down his pen, drop back in his chair, turn his coat -:-Ts, and stare at the speaker in amazement at his powers. The first great cast which gave Webster reputation was that pertaining to Dartmouth College, his alma mater, which he loved as Newton loved Cambridge. The College was in the hands of politicians, and MEMOIR OF JEREMIAH MASON. 113 defeated at New Orleans. Strong hopes are entertained for the safety of that place. I think, however, the result is still very doubt- ful I am most affectionately yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, February 5, 1815. 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 tomorrow, which will be debated for a considerable time. I expect it will pass in the end, but the votes on that subject in the Senate have on several occasions been so equally balanced, that 1 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 (116) Webster recovered the College from their hands and restored it to the trustees, laying down such broad principles that every literary and benevolent institution in this land will be grateful to him forever. This case, which was argued when he was 36, with consummate ability, and with words as eloquent as they were logical and lucid, melting a cold court into tears, placed Webster in the front rank of lawyers, which he kept until he died. In the Ogden and Saunders case he settled the constitutionality of State bankrupt laws; in that of the U. S. Bank he maintained the right of the citizen of one State to perform any legal act in another; in that which related to the efficiency of Stephen Girard's will, he demonstrated the vital importance of Christianity to the success of free insti- tutions, — so that this very college, which excluded clergymen from being teachers 114 MEMOIR OF JEREMIAH MASON. 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, 1815. 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 feel solitary be- cause I am so far from those I best love. I hope it is wholly unneces- sary 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. in it, or even visiting it, has since been presided over by laymen of high religious character, like Judge Jones and Doctor Allen. In the Rhode Island case, he proved the right of the State to modify its own institutions of government. In the Knapp murder case, he brought out the power of conscience, — the voice of God to the soul — with such terrible forensic eloquence that he was the admiration of all Christian people. No better sermon was ever preached than this appeal to the conscience of men." Says Jeremiah Smith {Morrison's Life of Smith, 40) : "In single qualities I have known men superior to Mr. Webster; Hamilton had more original genius; Ames, greater quickness of imagination; Marshall, Parsons, and Dexter were as JOHN MARSHALL. MEMOIR OF JEREMIAH MASON. 115 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) JEREMIAH MASON TO MRS. MASON. Washington, February 11, 1815. My dear Wife, — News has this moment arrived, that the en- emy, soon after their late defeat at New Orleans, re-embarked 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. Mason. JEREMIAH MASON TO MRS. MASON. Washington, February 14, 1815. My dear Wife, — . . . . 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 tomorrow. If it is ratified, it will give a new turn to all our business here. It will, however, rather increase than lessen remarkable for logical strength; but in the union of high intellectual qualities, I have known no man whom I think his equal." Rufus Choate, before the Suffolk Bar, in Boston, October 28, 1852, at the Memorial Proceedings, added: "Who anywhere, has won, as he had, the double fame, and worn the double wreath of Murray and Chatham, of Dunning and Fox, of Erskine, and Pitt, of William Pinkney and Rufus King, in one blended transcendent superiority?" —9 116 MEMOIR OF JEREMIAH MASON. 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 accompany him, but it cannot be. Give my love to the children. With earnest prayers for your safety, I am Affectionately yours, J. Mason. (118) JEREMIAH MASON TO MRS. MASON. Washington, February 17, 1815. My dear Wife, — I have your letter mentioning that your mother had arrived, and would remain with you. This gives me much satis- faction. 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 differ- ent, is not perhaps less urgent or important than if war had con- tinued. 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. Con- tinue 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 respects to your mother and to Mr. Fales, and love to the children. Affectionately yours. J. Mason. (119) MEMOIR OF JEREMIAH MASON. 117 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 Hamp- shire. WHILE at home, after the close of the Thirteeenth Congress, Mr. Mason received a letter from Mr. Gore, and also one from Mr. King, both of which are here given, alike from the in- trinsic interest and as showing the friendly relations between these eminent men and their correspondent. CHRISTOPHER GORE TO JEREMIAH MASON. Waltham, 16th 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 authorizing 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. (120) I cannot refrain from thinking that notwithstanding all the weak 118 MEMOIR OF JEREMIAH MASON. and wicked management of our public stewards the stocks of the United States will appreciate. The revenue will be productive, and I think abundant to the re-establishment of public credit. United States stocks have risen in value, whether owing to 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 England, and of course that drain for our specie will be stopped. I have therefore 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 next session, but I do flatter myself that under the auspi- cious circumstances which seem to exist 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 reign 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. 16 (121) RUFUS KING TO JEREMIAH MASON. Jamaica, L. I., November 22, 1815. Dear Sir, — I last evening received your letter of the 12th. I MEMOIR OF JEREMIAH MASON. 119 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 I 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 (122) 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 I think I risk nothing in express- 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, 120 MEMOIR OF JEREMIAH MASON. 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 probable resumption 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 (123) sacrifice; Washington without the intercourse of one's friends, few as in that scene they necessarily must be, would be insufferable. The first session of the Fourteenth Congress began on the 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, reappeared 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 MEMOIR OF JEREMIAH MASON. 121 Pinkney, 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. Mr. 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. Hopkin- son, 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 seat 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- ministration leader in the Senate, was chairman. The other mem- (124) bers were Mr. Chase, of Vermont, Mr. Bibbs, of Georgia, and Mr. King, of New York. Mr. Mason was also put upon a committee on providing for the publication of the decisions of the Supreme 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 Four- tenth 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 122 MEMOIR OF JEREMIAH MASON. country were agreed as to the expediency and constitutionality of such a measure, but there was much difference of opinion as to the details, a difference arising to some extent from the disordered state of the currency. Everywhere except in New England, the banks had ceased to redeem their notes in specie, and thus the country was suf- fering 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 (125) 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 manufacturers. It was finally passed in the MEMOIR OF JEREMIAH MASON. 123 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 amendment 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 of 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 man who innocently and unthinkingly (126) 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 then 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 Fed- eral Legislatures of Massachusetts and Rhode Island protested against it, the former declaring it to be "an innovation upon the cus- tom, and not congenial with the republican principle, of our govern- ment," and Democratic Georgia and Kentucky responded in the same strain. Of the members who voted for it many lost their re-election 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 Con- gresses, though with a thrifty reservation of the benefit of it for themselves; Mr. Mason, luckily, had voted against the law, and thus 124 MEMOIR OF JEREMIAH MASON. 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. Washington, January 10, 1816. 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) George. I wish you to write whenever 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 debate on an old question, — Whether their assent is necessary 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 Baltimore, were the most conspicuous speakers on the opposite sides. Mr. Ran- dolph by no means answered my expectations. It is generally thought he fell far below his former reputation. 1 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 un- derstood she is to set out for home to-day or to-morrow. Mrs. Derby, Mrs. Harrison of Philadelphia and Mrs. Otis, have been here and passed on southward. Instead of treasury reports and bank bill cal- culations, I am engaged in reading Wraxall's Memoirs, which I find very entertaining. You must have noticed extracts from his work in 1 It was in the course of this speech that Mr. Randolph indulged himself in the impertinence, when speaking of Mr. Pinkney, who had -been Minister to England and Attorney-general, and was at that time at the head of the Ameri- can bar, of saying, "I give up to the gentleman from Maryland — / am told he is from Maryland, etc." MEMOIR OF JEREMIAH MASON. 125 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. (128) JEREMIAH MASON TO HIS DAUGHTER MARY. Washington, January 14, 1816. My dear Mary, — I am gratified by your letter, especially in two particulars. It is in the first place very well written, and evident- ly 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 useful accomplishment. It is also becoming more fashionable in our coun- try; 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 enable me to examine you. Tell Alfred and James they must write to me before they are to ex- pect any letters from me. Your affectionate father, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, January 19, 1816. My dear Wife, — 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 men- tioned the occurrence of a very unusual number of carriages broken down and other vexatious accidents which delayed me in my journey. But I certainly did not intend to say or intimate that those accidents were attended with any extraordinary danger, for really there was 126 MEMOIR OF JEREMIAH MASON. 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 (129) myself with debat- 17 ing, 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 ar- gument, 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 interest with the public. Many argu- ments have already been published. Give my love to the children. Truly yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, January 24, 1816. My dear Wife, — There has been a great change of weather from dry and cold to wet, which has given me a cold, but not severe. I am otherwise entirely well. I am sorry to learn that Dr. Goddard declines being candidate as Governor. I fear the consequences, but I by no means regret the course I have adopted, as far as I was person- ally concerned. 1 That course, so seasonably adopted, relieves me from much trouble and vexation, to which I might otherwise have been exposed. I hope in the end, the election will turn out right, but I am fearful of it. I 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 Randolph, who is in all respects the most extraordinary man I ever knew. He differs essentially both in person and mind from his species. I 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. I take less interest in the affairs here than I formerly did. I of course anticipate less trouble. 1 Some of Mr. Mason's friends had desired him to consent to be a candidate for the office of Governor, but he had declined. (130) MEMOIR OF JEREMIAH MASON. 127 I wish in my heart I was clear of it all and at home with you and my family, where all my happiness is. I shall write to some of the chil- dren. Give my love to the others, and kiss the little ones for me. Affectionately yours, J. Mason. JEREMIAH MASON TO MISS MARY E. MASON. Washington, January 24, 1816. My dear Mary, — I am pleased with your progress in Euclid. The study of geometry affords a noble exercise for the mind. Wom- en 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 depart- ments 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 sorry to learn that a foolish an- tipathy to arithmetic prevails in your Academy. By the progress you have made in Euclid I trust you have overcome 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 affectionate father, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, January 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 apprehend, to make me regret the course I adopted. I certainly did not (131) expect the extreme difficulty which 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 128 MEMOIR OF JEREMIAH MASON. succession, about everybody and everything. He observes little or no connection in his discourses, and produces no effect except entirely to destroy his own reputation and influence. 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 ad- ministration party are in almost as great perplexity about their can- didate for the next Presidency, as we are in New Hampshire about our next Governor. At this moment the chance is against Monroe, and in favor of Mr. Crawford of Georgia. Perhaps a few days 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, how- ever, 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. JEREMIAH MASON TO MRS. MASON. Washington, February 15, 1816. My dear Wife, — I have just received your note dated Saturday afternoon, which I presume must have been last Saturday. The mail had previously been delayed. I 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 amusing and grati- fying 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 could if I would, avoid taking a (132) considerable interest in them, which often compels me to take some pains to get the necessary in- formation. 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. MEMOIR OF JEREMIAH MASON. 129 JEREMIAH MASON TO MRS. MASON. Washington, Saturday evening, February 17, 1816. My dear Mary, — In your letter of 11th of February, you say the letter you had just received from me was the only one you had re- ceived for more than a week. I think it must have been owing to some irregularity in the mail, for I do not believe I have ever omitted to write so long. I have usually written as often I supposed as twice a week. For the future I will endeavor that no so great interval of silence shall occur. I will at all events be careful not to be in debt on this score. All your letters shall be punctually 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 experience here are those em- ployed 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 interest 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 compensa- tion 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) so much in society as I told you I intended to do. I cannot do it with- out more trouble than it is worth. The situation and condition of the place render it very inconvenient. Mr. Dexter, a of whom you in- quire, I have seen very seldom and accidentally. He occupies a small tenement near the Capitol. I see but little more of him than I should if he was at Boston. I am told he is a very common attendant at the a Samuel Dexter is here alluded to, the celebrated Boston lawyer, who con- ducted before the Supreme Court of the United States The Embargo Case, by which embargo, all shipping interests of New England were virtually destroyed. He was born in 1761 and died in 1816, May 4th — less than three months from the time the above letter was written. See Webster's great tribute to him as a lawyer in his reply to Hayne, in the United States Senate. At another time, Webster said of him, in comparison with Judge Parsons: "In point of char- 130 MEMOIR OF JEREMIAH MASON. 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 s 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 rheumatic 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 dangerous Affectionately yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, February 25, 1816. My dear Wife, — 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 per- sonal feeling and inclination. The weather here is now mild, and ex- hibits 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 (134) some time in April. The politi- cal 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. acter, Dexter undoubtedly stands next to Judge Parsons at the Boston Bar; and in the neighboring counties and states, I suppose he stands above him. He has a strong, generalizing, capacious mind. He sees his subject in one view, and in that view, single and alone, he presents it to the contemplation of his hearer. Unable to follow Parsons in minute technical distinctions, Parsons is unable to follow him in occasional vaultings and boundings of his mind. Un- like Parsons too, he cannot be great on little occasions. Unlike him, Parsons cannot reject every little consideration on great occasions. Parsons begins with MEMOIR OF JEREMIAH MASON. 131 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, March 8, 1816. My dear Wife, — You seem to have a pretty strong in- clination for reading Congress speeches. Could I suppose any con- siderable portion of the community participated with you in that in- clination, I should perhaps be more inclined to adopt what I conceive to be your advice on this subject. It is said a stenographer is to at- tend in the Senate, in which case it is probable your inclination will be gratified Affectionately yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, March 10, 1816. My dear Wife, — I have just received a letter from George in which he gives a pretty favorable account of himself. I hope it is not unjust. I have written to him two or three times. Although I am satisfied Dr. Appleton will do for him all in his power, I cannot but feel some anxiety about him. The more I see and notice the world, the more I am desirous of bestowing attention on the education of our children. It is of vast importance to them. In our country edu- cation is more important than in those where rank and fortune se- cure a certain grade and standing in society. I should decidedly pre- common maxims, and his course to the particular subject and particular con- clusion brightens and shines more and more clearly to its end. Dexter begins with the particular position which he intends to support; darkness surrounds him; no one knows the path by which he arrives at his conclusion. Around him, however, is a circle of light when he opens his mouth. Like a conflagra- tion seen at a distance, the evening mists may intervene between it and the eye of the observer, although the blaze ascend to the' sky and cannot be seen." — Harvey's Reminiscences of Webster, p. 22, said by Webster in 1804, while in Gore's office. —10 132 MEMOIR OF JEREMIAH MASON. fer giving our children superior educations to giving them fortunes without educations. With this opinion I (135) know any neglect of duty towards them in this particular will be attended with lasting re- gret. Thus far I trust we have performed this duty with diligence, and I hope some success. To Mary, I have no doubt you pay all necessary attention. From you she must receive the most important part of her education. Others may teach her common literature and ordi- nary external accomplishments, but you alone can with maternal care and authority, teach her to cultivate pure affections and true sensi- bility, and all the virtues appropriate to the female character. This is the instruction most necessary for a young female, and compared with which all other instruction is of little value. We are employed here, as usual, in matters which we deem of great importance and which other folks care nothing about. The Bank is still under con- sideration, and excites increased interest. It is generally believed the bill will pass. Nothing is determined as to the Presidential election, but I think it will soon be. I often think of home, and never without wishing myself there. Give my respects to Mr. Fales and love to the children. Yours most affectionately, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, March 16, 1816. My dear Wife, — I have had two letters from you since I last wrote. I am exceedingly glad our domestic concerns are so prosper- ous. You seem to have had less trouble in managing them than, con- sidering the unlucky accidents which have occurred, I expected. I most sincerely wish I was at home to share them with you. I cannot yet fix the time I can set out to return. I have intended, as I believe I have written you, to set out the first part of April. I still intend it if possible. There is, however, some business to come before Con- gress, which I shall be very unwilling to leave unfinished. It is now thought the session will end by the last of April. Of this, however, no certain opinion can be formed. An act has just been passed, changing the compensation for (136) members of Congress from an allowance of six dollars a day to a salary of $1,500 a year. It is supposed this will shorten the sessions. The real object is to increase the compensation, MEMOIR OF JEREMIAH MASON. 133 which it will do to the amount of about one third. Though I like having the money well enough, I was among those who doubted the expediency of taking it in this way. I do not think this measure will have much effect in shortening the present session, whatever it may do in future. The Bank Bill, which has been a long time under con- sideration, has just passed the House of Representatives, and come to the Senate, where it will doubtless pass. Mrs. Madison, with other high court dames, lately petitioned Congress for an act of incorpora- tion for a Female Asylum, of which Mrs. M. was to be presidentess. The Senate most ungallantly rejected the petition. Being among the rebels on this occasion, I expect to experience no more smiles at the palace. This evening is to be held the grand Democratic caucus for designating the next President. There has been great difficulty, and the party is now believed to be so equally divided between Monroe and Crawford, that many doubt which will be selected. I expect Monroe will succeed. I have not had the easy, amusing winter I intended. My time has been mostly devoted to the business of Congress. I have spent little time out of my own lodgings, except in the Senate Chamber. The winter has, however, passed as much to my satisfac- tion as I expected. Party spirit has a good deal subsided. If I can get away in season, I shall be tolerably satisfied. Affectionately yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, February 10, 1816. My dear Wife, — I have had no letter from you since the one dated January 31st. I believe I have not written so often for the ten days past as I usually do. The truth is, I have been a good deal oc- cupied by the ordinary business of Congress. Though nothing of very great importance has been under consideration, we (137) have 18 been very much engaged in the common business of the session. The land tax, which has occasioned so much debate in the House of Repre- sentatives, has not yet come to the Senate. It is very doubtful what will be its fate, as also with the bank bill. The matter of the next presi- dency still continues to be the subject of the greatest interest. The chances between Monroe and Crawford are supposed to be nearly 134 MEMOIR OF JEREMIAH MASON. equal. The common opinion is that they will not settle the question between themselves, but refer it to the nation. I think it most prob- able they will in some way make a compromise Affectionately yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, March 20, 1816. My dear Wife, — I presume you have seen the result of the Democratic caucus, in the nomination of Colonel Monroe by a very small majority. This has been and continues to be the subject of general conversation and high excitement. Crawford's friends, though dissatisfied, will probably in the end submit. This, however, is not yet certain. We are now beginning to hasten, in the despatch of public business, to bring the session to a close. I think Congress will adjourn in the course of April. Whether I can set out before the adjournment, I cannot yet say. I have heard no news of the New Hampshire election. I feel anxious to hear, and hope to-day's or to- morrow's mail will settle it. In haste, truly yours, J. Mason. JEREMIAH MASON TO MRS. MASON. 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- (138) suit of the election as to the governor, but not as to the Legislature. 1 I still hope the Senate is not changed. If all the departments of gov- ernment are thus suddenly changed, I fear much mischief from the first ebullition of party heat. The presidential election here is gen- erally believed to be determined in favor of Colonel Monroe, not, how- ever, without much dissatisfaction among the Democrats 1 At the spring election of 1816, the Democratic party in New Hampshire elected their candidate for governor, and a majority of members in both houses of the Legislature. MEMOIR OF JEREMIAH MASON. 135 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 deter- mine with any certainty on my return. At present, with a proper re- gard for my duty, I cannot leave my seat vacant unless urged by high necessity. The bill for incorporating the bank is coming under the consideration of the Senate. Very important alterations will be at- tempted. 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, perhaps 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 have written to my brother I shall return by way of Lebanon Affectionately yours, J. Mason. JEREMIAH MASON TO MRS. MASON. Washington, March 26, 1816. 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 (139) may become to us the source of much suffering. You say you doubt the propriety of sending Mary from home this spring. 1 I rather think, as I did when we 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 much on the finding a good situation. I shall be at home in season to de- 1 That is, to school in Boston. 136 MEMOIR OF JEREMIAH MASON. 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. Mason. JEREMIAH MASON TO MRS. MASON. Washington, April 6, 1816. My dear Wife, — 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 here longer than I intended. I think the session will end the latter part of this month. I do not (140) intend to stay longer than about the 20th. The Bank Bill has passed. The new tariff 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 attend to it. But what is worse, everybody becomes sour and ill-tempered. After be- ing shut up together for three or four months, debating and quarrel- ing, 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 legis- lative body ever ought to continue together more than three months at one time. This is certainly long enough, if they sit in such a place as Washington, where they can see and converse with none but them- MEMOIR OF JEREMIAH MASON. 137 selves. 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 subsided. 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 Federal- ists 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. 1 have ex- pected Congress would rise the 22d inst., which was named for that purpose. Yesterday the question 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) poned 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 22d. 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 place for your letters to meet me on my way Affectionately yours, J. Mason. 138 MEMOIR OF JEREMIAH MASON. JEREMIAH MASON TO MRS. MASON. Washington, Monday, April 22, 1816. My dear Wife, — It was till lately expected that Congress would rise on the evening of today. The period is now postponed certainly 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 in- curring 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 Saturday I went to dine at a Mr. Calvert's, near Bladensburg, where I saw a collection of paintings supposed to be the best ever seen in (142) this country. They were sent to this coun- try to escape Bonaparte's grasp, and are soon to return to Europe. Yesterday I went to Alexandria, where I attended church in the fore- noon, 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. Dissatisfac- tion 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. 1817. Mr. Mason was in his place on the first day of the session. MEMOIR OF JEREMIAH MASON. 139 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 government's 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. Calhoun'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 (143) 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 a great party to which he belonged, and no man of his 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. Mr. 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 eleven. Mrs. Mason passed the winter with her husband at Washington, and thus we miss the record of his life there which is supplied in previous years by his letters to her. He wrote occasionally to his 140 MEMOIR OF JEREMIAH MASON. children, and one or two letters passed between him and his friend Mr. Gore, who since the close of the preceding session had been com- pelled 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 30th of De- cember. JEREMIAH MASON TO RUFUS KING. Washington, December 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. (144) 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. 1 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 lodging 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 1 Mr. Mason here alludes to an act entitled "An act to authorize the pay- ment for property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes," approved April 9, 1816. 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, 1816, calling their attention to the act as needing further legislation. MEMOIR OF JEREMIAH MASON. 141 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. Bailey, 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- 19 (145) 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 faithfully, 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, 1816. My dear Mary, — Since we parted with you in Boston, we have heard from you less frequently 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 142 MEMOIR OF JEREMIAH MASON. 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- (146) able for improvement, and I entertain sanguine expectations of your rapid progress. You mention that Dr. Park has said nothing to you about composition. When I saw him I told him I should 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 opportunity occur, I think you had best make a visit to Amherst. I am most affectionately yours, J. Mason. JEREMIAH MASON TO CHRISTOPHER GORE. Washington, December 30, 1816. 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 in- dolence in the way of business, the commencement 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 Compensation Law is the only thing produced MEMOIR OF JEREMIAH MASON. 143 which has attracted any notice. All the friends of that wicked meas- ure think he has made for them a very able defense. It has rene'wed 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 extraordinary degree of listlessness pervades the Legislature. Everybody seems convinced of the impossibility of resisting executive (147) influence, 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 some 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 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. Q. Adams Secretary of State, 3 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 presidency. 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. a This was done, as John Q. Adams was made Secretary of State by Presi- dent Monroe, March 5, 1817, entering upon the duties of that office September 22, 1817, and continuing in that office through Monroe's second term till 1825. 144 MEMOIR OF JEREMIAH MASON. JEREMIAH MASON TO CHRISTOPHER GORE. Washington, January 25, 1817. My dear Sir, — I presume from your letter of the 11th that you have a very just idea of our condition. On no occasion has (148) 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 ar two, the report that J. Q. 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 clamorously opposed to A. MEMOIR OF JEREMIAH MASON. 145 Crawford a 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) 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 Virginia 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, J. Mason. JEREMIAH MASON TO MISS MARY E. MASON. Washington, January 25, 1817. My 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 a W. H. Crawford (1772-1834), of Georgia, was born in Virginia, and was a political leader and made Secretary of War by Madison in 1816, and then by Monroe, in which office he continued till 1825. In 1824, he was the caucus nomi- nee of the Democrats for President, ranking third with Jackson, Adams, Craw- ford and Clay. From 1827 till his death Crawford was a judge of the Northern Circuit Court of Georgia. 146 MEMOIR OF JEREMIAH MASON. 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 excel their predecessors. This reflection must not only excite a laudable ambition in a generous mind for literary attainments, but impose a degree of necessity for exertion (150) even on the sluggish and ignoble. For 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- parision 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. Washington, January 25, 1817. My 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 your correct con- duct. I hope you are diligent in your studies, and that I shall And 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 ROBERT R. LIVINGSTON. MEMOIR OF JEREMIAH MASON. 147 will greatly increase the pleasure of that happy meeting. Your affectionate father, J. Mason. (151) 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 PLUMER TO JEREMIAH MASON. Epping, August 7, 1816. Dear 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 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 reflections. (152) —li 148 MEMOIR OF JEREMIAH MASON. 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 ardu- ous 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) your proposal, I trust it is unnecessary to add that political consider- MEMOIR OF JEREMIAH MASON. 149 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. (154) 150 MEMOIR OF JEREMIAH 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 Reolies. — Letter to Dr. Appleton on the same Subject. — Portsmouth in the Early Part of this Century. — Mr. Mason's Professional and Domestic Life. — The Dartmouth Case. — Correspondence to the Close of the Year 1818 with Mr. Gore, Mr. King, Mr. Daggett, and Judge Story. IN June, 1817, 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 pas- sions 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. (155) But more powerful than any other motive was his unwillingness to continue the sacrifice he was obliged to make in being so long MEMOIR OF JEREMIAH MASON. 151 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, manufacturers were quickened, and Mr. Crawford, who was appoint- ed 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 grown out of the war and the measures which had led to it had much abated. The Federalists, a party decreasing in in- fluence and numbers, had acquiesced in the election of Mr. 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 (156) political sagacity could not fail to see that the old party lines were in a fair way to be erased, and that new issues would make new divi- sions of the future. Mr. Mason, upon resigning his seat in the Senate, wrote to his friends, Mr. Gore, Mr. King, and Dr. Appleton, informing them of 152 MEMOIR OF JEREMIAH MASON. the step he had taken. His letters, and the replies of Mr. Gore and Mr. King, are here given. JEREMIAH MASON TO CHRISTOPHER GORE. Portsmouth, June 18, 1817. My dear Sir, — I have just resigned my seat in the Senate of the United States. For a considerable time past I have 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 ad- vantage 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 (157) an opposite course. 1 No one can foretell what this will produce; but I do not believe the Federalists, or quasi-Federalists, have any- thing to expect from Colonel Monroe. When I 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- president Monroe, who made an extended tour through the country in the summer of 1817, was in Boston at the date of this letter. MEMOIR OF JEREMIAH MASON. 153 mouth in your way. I wish you would say it was probable. I am sincerely yours, J. Mason. CHRISTOPHER GORE TO JEREMIAH MASON. Waltham, June 22, 1817. My dear Sir, — I duly received your letter of the 18th 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 discerns the weakness and wickedness of bad measures, and none more thoroughly exposed them, and in many instances you succeed- ed in defeating their schemes or in rendering them less obnoxious. I am sorry also for our friend King's sake, who will be altogether alone For your own gratification you have, I entertain no doubt, re- mained as long as was desirable. The inconvenience in going and re- turning, 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 would visit you and yours with great satisfaction. The Boston folks are making great efforts to show their respect for the new President. It has been a question who should evince (158) most devotion, the Federalist or Democrat. The former appears to have got the start in the race. The military 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 our 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 my personal respects to the President. I am confined to my own 154 MEMOIR OF JEREMIAH MASON. 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 cheerfulness; as it is, I endeavor to go on tranquilly and without repining. My wife enjoys very passable health, and unites with me in affectionate regards to Mrs. Mason and yourself. Farewell. Your faithful friend, C. GORE. JEREMIAH MASON TO RUFUS KING. Portsmouth, June 26, 1817. 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 resig- nation 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 (159) the Senate, nor do I see any probability that I could if I 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 un- derstanding, the tricks and cunning management by which the na- tion has been and probably 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 MEMOIR OF JEREMIAH MASON. 155 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 much 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. (160) RUFUS KING TO JEREMIAH MASON. Jamaica, L. I., July 4, 1817. My dear Sir, — Accept my acknowledgments for the very 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 some 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 continuing 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 promote the public welfare, I am quite sure that our colleagues and country owe us something. 156 MEMOIR OF JEREMIAH MASON. 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 fitted 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 attachment, respect, and confidence that may be exhibited at Boston should be re- ciprocated by the President, I should not be (161) surprised if the 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 others, in an obliging man- ner; asked me to dine with him, which I 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 experiment the entire failure of this expen- MEMOIR OF JEREMIAH MASON. 157 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 topics, 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 an- ticipate 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 (162) anxious to obtain it, and for want of a better in the line assigned for the choice may perhaps obtain it, though I doubt his success. Of the foreign concerns I have heard nothing since we parted. 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; I 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 devant 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. 158 MEMOIR OF JEREMIAH MASON. JEREMIAH MASON TO THE REV. JESSE APPLETON, D. D. Portsmouth, July 3, 1817. My 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. I 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. 1 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 (163) 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. Mason. 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 find it a pleasant place to live in. It is situated on a beautiful peninsula on the south side of Piscataqua River, with a noble harbor, which is never frozen even in the severest winters, owing to the great rise and fall of the tide, the narrowness of the channel, and the consequent rapidity of President Monroe visited Portsmouth after the date of this letter, and by a vote of the citizens was received and addressed by Mr. Mason, who also enter- tained him at dinner at his house. MEMOIR OF JEREMIAH MASON. 159 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 days, 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 proximity to extensive forests, and the car- rying trade. For both of which it was mainly indebted to the wars of the French Revolution which were desolating Europe. It had many prosperous and enterprising merchants, and an active, thrifty, (164) and energetic population. Its ships were known in every clime, and the commerce which enriched it gave an improved tone to the man- ners 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, of 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 160 MEMOIR OF JEREMIAH MASON. 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) hour for dinner parties to-day — were common. The gentlemen had their clubs and exclusive social gatherings, which 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 promptly discharged. He was not only diligent in business and 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 demand 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. MEMOIR OF JEREMIAH MASON. 161 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 housekeep- ing, 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 in- creasing (166) family and the growing claims of society and hospitali- ty 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 of his garden he spent much time and took much interest. 1 In this house Mr. and Mrs. Mason spent 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 1817 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 office at a seasonable hour and before the daily stream of business had set in. He dined in the 1 Mr. Webster, writing to Mr. Ticknor from Lowther Castle, in England, August 21, 1839, says: "You know all about Lowther Castle; one may safely say of it what Mr. Mason said of his house in Portsmouth, that it is a comfortable shelter against the weather!" (167) 162 MEMOIR OF JEREMIAH MASON. 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. 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 Newbury- port, Portland, Wiscasset, 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. Eleazer 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 MEMOIR OF JEREMIAH MASON. 163 country. At any rate, the College and its officers had incurred the (168) ill will of the Republican party. Mr. Barstow, the Republican his- torian of New Hampshire, thus puts the 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 Earl 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 the 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 1816, 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 rights of 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 22 (169) —12 164 MEMOIR OF JEREMIAH 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 board 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 influence 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 1817 the Republican party carried the State by a rather stronger vote than in the previous year. (170) 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 MEMOIR OF JEREMIAH MASON. 165 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, 3 and Mr. Webster; for the defendant, Mr. Sullivan 1 ' and Mr. Bartlett. c 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, 1817, 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. a Jeremiah Smith (1759 — 1842), was 58 years old when this case was tried in the State Court; had been four times in Congress, judge of the U. S. Circuit Court, Chief Justice of the State Superior Court for 7 years; then Governor of N. H. ; then Chief Justice of the State Supreme Court for three years. Was of Scotch-Irish stock; possessed of great and accurate learning and of great natural abilities, but like Mason, he was no orator. Webster said of him: "He knows everything about New England, and as to law he knows so much more of it than I do, or ever shall, that I forbear to speak on that point." (This was written in 1825 to Chancellor Kent) . b George Sullivan, (1771—1838.) At the time of this trial, he was 43. "Sulli- van was from Irish and Revolutionary stock, a race of soldiers, orators and law- yers. He was attorney-general (as his father was before him, and his son, after him) for 21 years; a classical scholar, well read in the law; and excellent special pleader; swift to perceive, prompt to act, and full of resources. He relied too little on his preparation, and too much upon his oratory, his power of illustration and argument. But neither the Court, the jury, nor the people ever grew weary of listening to his silver tones or his arguments, that fell like music on the ear." — Shirley's Dartmouth College Causes, 154. c Ichabod Bartlett, (1786' — 1853), was but 31, when this case was tried, four years younger than Webster, and died one year after Webster; was called "The Little Giant." He and Webster were from the same town, Franklin, N. H., and theirs were the leading families in it. He served three terms in Congress; was indefatigable in preparation, eloquent in the highest sense, ready, witty, and a popular idol. In the art of gaining verdicts he was confessedly the equal of any engaged in this trial. He was a graduate of Dartmouth; never married; had great tact; came near fighting a duel with Henry Clay, while in Congress. His .argument in the Dartmouth College case is given in the 65th New Hampshire. Report. 166 MEMOIR OF JEREMIAH MASON. 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 1819, 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) judgment by Chief Justice Marshall, on the ground that the College charter was a contract within the meaning of the Contsitution, and thus not within the scope of the legislative authority of a State. Mr. Webster's celebrated argument has more variety of illustra- tion 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- MEMOIR OF JEREMIAH MASON. 167 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 point W. H. 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 him reading 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 (172) 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. 168 MEMOIR OF JEREMIAH MASON. CHRISTOPHER GORE TO JEREMIAH MASON. Waltham, July 4, 1817. 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. 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) 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. King 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, re- views 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. Gore. JEREMIAH MASON TO THE REV. JESSE APPLETON, D. D. Portsmouth, July 14, 1817. My dear Sir, — The President came here Saturday in the after- noon and set out for Portland early this morning. We have acted MEMOIR OF JEREMIAH MASON. 169 foolishly enough, though not in the magnificent style of the Boston folks. As you requested, I asked him the first opportunity I had, whether he should proceed further east than Portland. 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. I do not know whether that was the highest possible stimulus for him. He expressed high satisfaction with ,New England and the treat- ment he has experienced from the Yankees. We are all well. Truly yours, J. Mason. (174) RUFUS KING TO JEREMIAH MASON. Georgetown, D. C., Sunday, November 30, 1817. • My 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 apartments 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. Mr. 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. 170 MEMOIR OF JEREMIAH MASON. 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 folks 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) 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. JEREMIAH MASON TO RUFUS KING. Portsmouth, December 10, 1817. 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, MEMOIR OF JEREMIAH MASON. 171 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- (176) age and influence answer the purpose? I shall not be greatly sur- prised if the present Congress should be somewhat torpid and in- active. This disorder will however, as I think, be of short dura- tion. The President's message (of which I received a copy by your frank) is, as far as I have heard, quite satisfactory. The present is not the time for finding fault. The expedition to Amelia Island excites some attention. The suppression 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 suppressing, in some way, that nest of pirates. 1 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 we 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 1 At the close of the year 1817, Amelia Island off the coast of Florida, was occupied by a band of lawless adventurers, who were driven off by orders of the United States Government. 172 MEMOIR OF JEREMIAH MASON. 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 rightly recollect, several millions above the estimate in Mr. Crawford's last report. 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 23 (177) me with it without taxing yourself too much. Mrs. Mason joins me in presenting our respects to Mrs. King. With the highest respect, I am sincerely yours, J. Mason. JEREMIAH MASON TO CHRISTOPHER GORE. Portsmouth, December 24, 1817. My dear Sir, — . . 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 gain 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 novel. 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 improvements. I should not be surprised if there should be experienced some difficulty in getting the Legislature into action. What is to be the stimulus and what the guide? Is there sufficient force of enlightened patriotism? Or is the executive patronage and influence so greatly increased, of it- MEMOIR OF JEREMIAH MASON. 173 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? I hope your health is confirmed or continues to improve. Please to present my, with Mrs. Mason's, best regards to Mrs. Gore. I am as always, dear sir, affectionately yours, J. Mason. (178) RUFUS KING TO JEREMIAH MASON. Georgetown, D. C, January 3, 1818. Dear Sir, — I received and am obliged to you for your letter. As yet nothing of interest has occurred in Congress; the apathy which appears to exist must not be regarded as evidence that 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 salary, and talks of retirement. Whether this be the real motive, or an 174 MEMOIR OF JEREMIAH MASON. 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) to have the favor of all the good patriots of New England, and John Holmes at their head is to be his Guy of Warwick. All these competitors, whose numbers, by-the-by, lessen trouble to Mr. Presi- dent, will make rare sport for the amateurs. To be a little 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, Rufus King. DAVID DAGGETT TO JEREMIAH MASON. Washington, January 5, 1818. My dear 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 certain that they will be desired. The Federalists, as you justly remarked, can make no opposition. They are quiet and, as far as I 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 be- lieve that at least three gentlemen are not unconcerned about the next Presidential election, and at least three hundred have some anxiety about elections or appointments of less importance. In this condition, what more natural than that another party should arise? MEMOIR OF JEREMIAH MASON. . 175 Materials are not wanting to form it. These 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 (180) strange situation of our affairs at the South. Is Amelia 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 some of his principal officers, others may 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 coun- try 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 deportment was graceful and dignified. It is well understood that dining parties and levees are to be continued as formerly, but Mrs. Monroe declines returning visits. Our session has hitherto been very peaceful; no 176 MEMOIR OF JEREMIAH MASON. subject will probably create much agitation, except that which (181) 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." 1 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. a Aaron Burr (1756 — 1836). American political leader and Vice-President of the United States, was born in Newark, N. J., the son of a clergyman and educator of the same name. He was noted for his sententious sayings. For in- stance: 1. "Law is whatever is boldly asserted and plausibly maintained." 2. "As to a compromise, move slowly, never negotiate in a hurry." 3. "Never do to-day what you can do well tomorrow, because something may occur to make you regret your premature action." 4. "It is an affront to exhibit to others a face of gloom." 5. "They say!' Those two little words have done more harm than all others." 6*. "Of all animals, authors are the vainest; no eulogies of their works can be too gross." 7. "I have left in cash two half-pence, which is much better than one penny, because they jingle, and thus one may refresh one's self with the music." 8. "The Scriptures are the most perfect system of truth the world has ever seen." 9. "I never knew a memory which retains accurately names and dates to be accompanied with much invention, or fancy. It is almost the exclusive blessing of dullness. The mind which perceives clearly, adopts and appropriates an idea, and is thus enlarged and invigorated. It is of little moment whether the book, the time, or the occasion be recollected." 10. "My idea of a devil is composed more of malice than of meaness." 11. "To render any reading really amusing, or in any degree instructive, never pass a word you do not understand, or the name of a person or place of which you have not some knowledge. You will say that attention to such matters is too great an interruption. If so, do but note them down on paper, and devote an hour particularly to them when you have finished a chapter or come to a proper pause. After an experiment of this mode, you will never abandon it." (Webster had a habit of closing a book which he had read, and if there was any- thing peculiarly interesting or striking, laying it up in his memory, by repeating it to himself, and if he could not do this, go over it again, and thus make it his own.) MEMOIR OF JEREMIAH MASON. 177 JEREMIAH MASON TO JOSEPH STORY. Portsmouth, January 6, 1818. My 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 Washington 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 undertak- ing 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 en- dangered by a residence among the politicians of Washington. 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 establishing in some way new circuit courts. It is not probable those courts will be made to con- sist of the present district judges, as has been sometimes talked of, but new judges will probably be appointed. I am fully sensible of the value of your favorable opinion, and of the kindness of the wish you express of seeing me in a judicial office. I do not think it neces- sary 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 (182) doubtless 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 expec- tation of the offer of such an appointment. Should there be occasion of appointing judges in this circuit, so numerous would be the appli- cants, such interest would be made, and such management used, that there would 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 profess no 178 MEMOIR OF JEREMIAH MASON. readiness to abjure heresies, but I could safely declare that according to my view of the mysteries, you learned doctors of the orthodox sect are in the constant habit of indulging both in word and deed in all the heresies and sins I feel any affection 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 remission of penalties. 1 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. JOSEPH STORY TO JEREMIAH MASON. Salem, January 9, 1818. My dear Sir, — I have the pleasure to acknowledge the receipt of your favor of yesterday. I hope that Congress will create (183) cir- cuit courts on the plan of the Judicial Act of 1801 ; and I shall use all my little efforts for this purpose. In case a new system passes, I do not think that the President ought in the slightest degree to consult political opinions ; but ought to select the ablest and the best* men. It seems to me that this course is so obvious, both for the dig- nity of the government and the good of the public, that the President will have no adequate temptation to deviate from it. In relation to candidates for office, I should on ordinary occasions feel a delicacy in approaching the Executive; but as to judicial appointments, espe- cially within my circuit, I feel it almost a duty to give him exact in- formation. 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 candidates for such appoint- ments. I shall do this on public grounds, and shall most explicitly recommend you for the highest judicial office, because I am most de- cidedly of opinion that your learning, talents, and rank equally en- J Mr. Mason refers to the case of The Margaretta and Cargo, 2 Gallison, 515. MEMOIR OF JEREMIAH MASON. 179 title 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 sus- tain the honor and the independence of the Bench, and through them of the government itself. In addressing myself to the Executive, however, I shall carefully abstain 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 decisive character, I will do myself the pleasure of writing you from Wash- ington, whither I go in about ten days. If I shall have the good for- tune to have your suffrage as to the Admiralty Jurisdiction, (184) it will greatly strengthen my opinion, which I confess I have not yet seen the least reason to change. 1 I am, with the highest respect, Your most obliged friend and servant, Joseph Story. JEREMIAH MASON TO JOSEPH STORY. Portsmouth, January 15, 1818. My dear Sir, — I feel myself not only much obliged by the kind sentiments, but much honored by the favorable opinion expressed in your letter of the 9th instant. If the Administration and their con- fidential friends will assent to it, I have no doubt the best chance for success in attempting to amend the judiciary establishment, would J Judge Story here alludes to his judgment in the celebrated case of De Lovio v. Boit et al., 2 Gallison, 398, maintaining that a policy of insurance is a mari- time contract, and therefore of admiralty 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. v. Durham, II Wallace, I. 24 —12 180 MEMOIR OF JEREMIAH MASON. be on the plan of the Act of 1801. That would save the labor of get- ting 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 appear- ance of inconsistency in reviving an act they had formerly repealed. I know not whether there was any foundation for the suggestion. I heard it from no authority. I should not think it probable that Mr. Monroe would, at the present time, be influenced by any such appre- hension. 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 circumstances of the country are materially changed, and the duties of the judiciary vastly increased. Of this, the fre- quent application for new courts from various quarters, is sufficient evidence. In letters from Washington, I am told there is considera- ble talk of doing something on this subject, but that the result is very uncertain. In (185) one of them is repeated a saying of A. Burr, "that every legislature, 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 fur- therance of some of their measures from the judiciary. Indeed, both parties having unreasonable expectations of aid from the 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 permanent meas- ures. 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 pro- duce any strong party division during this Congress. Whatever pro- duces it must be in relation to the next Presidential election, which is yet too remote to justify the exposure of arrangements for it by MEMOIR OF JEREMIAH MASON. 181 any candidate. But however this may be, I certainly think the pres- ent a very favorable time for the Legislature to act on the subject of the judiciary. Should the executive government be favorably inclined to an establishment similar to that of 1801, 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 believe anything can be done on the subject. I am, dear sir, with much esteem and respect, Truly and faithfully yours, J. Mason. (186) JEREMIAH MASON TO RUFUS KING. Portsmouth, January 27, 1818. Dear Sir, — I am much obliged by your letter of the 3d of Jan- uary. I had 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 in- tends bona fide to make his Secretary of State his eventual 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 inclined to 182 MEMOIR OF JEREMIAH MASON. try the opposite course, and sing the "Vicar of Bray." a While in opposition, our force being paralyzed by division, we effected nothing. Shall 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. 1 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 capacity and talents of a higher order than the public give him credit (187) for. His election gave no dissatisfaction to many of the Bostonians, who ostensibly favored the election of his opponent. The good people of Massachusetts are desirous of relieving Mr. Otis b 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. The lawyers of Boston, some of whom want the aforesaid judgeship, complain 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 executed. The system had just become familiar when it was repealed. 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 a A disputed English character, who lived in England, born 1540, died 1588. 1 Mr. Jonathan Mason, who was a representative from Boston from 1817 to 1820. b Harrison Gray Otis, (1765 — 1848), a nephew of James Otis, noted as an orator, Graduated from Harvard, 1783; practiced law in Boston; succeeded Fisher Ames in lower House of Congress, where he became a decided opponent of the Jeffersonian party; was judge of the Court of Common Pleas, 1814-18; attended the Hartford Convention, in 1814; elected to Federal Senate, 1817, where he distinguished himself in the debates over the Missouri question; was defeated as Federalist Governor of Massachusetts, in 1823; elected Mayor of Boston, 1829; published in 1848, an open letter advocating Zachary Taylor fcr the Presidency. He also published Letters in Defense of the Hartford Convention and the People of Mass., (1824), though Mr. Mason endeavored to dissuade him therefrom. MEMOIR OF JEREMIAH MASON. 183 on the judges, which would best secure a diligent 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. JEREMIAH MASON TO CHRISTOPHER GORE. Portsmouth, January 29, 1818. My dear 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 oppo- sition this session, or even during this Congress. And I still am inclined to believe the Washington prophecy antedates this (188) event one year at least. You know the politicians there, having leisure enough for it, are apt to amuse and sometimes heat them- selves with reports 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 President's treatment of the patriots of South America. In that warfare, 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 patriotic flags. This neglect will be no crime in Mr. C.'s view. Whether the expulsion of Commodore Aury and his renegadoes from Amelia Island, and the occupation of it by our troops, can be justified under the Secret Act of 1811, 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 authority will not be very severely scrutinized, unless some misfortune to the country comes from it, which it not probable. 184 MEMOIR OF JEREMIAH MASON. 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 well 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 large seems to like the present tranquility, and freedom from party altercation. It has the recommendation of novelty. I think no new party can be formed but with a direct view toward the next Presidential election, which is too remote for present calcula- tion. If Mr. C. pursues this project with his usual boldness and want of (189) caution, he stands a good chance of being strangled at the end of two years. Mr. Adams' advice to his friends to sup- port Governor Brooks, shows his anxiety to keep the good people of Massachusetts quiet. He will certainly be somewhat perplexed with your State claim. I suppose your friends are not desirous of pre- serving that source of popularity any longer, but are willing to have it extinguished. Your Legislature appear to be disposed to relieve Mr. Otis from the burden of one of his offices. His declining the proffered 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 DAGGETT 3 TO JEREMIAH MASON. Washington February 10, 1818. My dear Sir, — Yours of 26th January was duly received. I now send you a pamphlet just published by Charles F. Mercer. It may a David Daggett, (1765-1851), of Connecticut, was 54 years of age at this time, and one of the foremost lawyers of his day, afterwards Chief Justice of Connecticut, and one of the greatest jurists that ever honored that position; was for twenty years a lecturer on Constitutional Law, at the Yale Law School; MEMOIR OF JEREMIAH MASON. 185 afford you a moment of amusement, but I 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. 1 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 2 of "blessed memory." Bledsoe in the Senate, and Bibb in the House of Representatives of Kentucky, you see are aiding (190) in the Span- ish patriot cause; and Pope and his friends, in their turn, are lash- ing 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 hos- tility 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 Presi- dent Holley. The claim of Beaumarchais is again pressed upon us. It will probably now undergo a very thorough 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 discussion of the Bankrupt Law, or into anything relating to the judiciary. Topics of more immediate interest, though of minor importance, take the preference. I forgot whether I told Mrs. Mason about Queen's draw- ing-room and her dining-table. They are splendid enough for any Republic. The plates are of beautiful French china, with the Ameri- can coat of arms in the centre. The plateau (I believe they call it) U. S. Senator, 1813-1819. He was a strong Federalist, a master of invective, wielded a ready pen, and in sarcasm and repartee, reminded one of Dean Swift. He died in 1851. He was born three years before Mason and lived three years longer. 1 Mr. Daggett here probably alludes to a speech by Mr. David L. Morrill, Sen- ator from New Hampshire, on the African slave-trade, delivered in the Senate, January 12, 1818. — 'See Benton's Abridgement, vol. vi. p. 16. 2 Inchiquin was the pseudonym of Charles J. Ingersoll. 186 MEMOIR OF JEREMIAH MASON. 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. Q.) 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 ses- sion. 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 ad- heres closely to the military; and Goldsborough, to the District of Columbia. 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. (191) Meade's affair 1 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 very sincerely yours, David Daggett. RUFUS KING TO JEREMIAH MASON. March, 1818. 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 re- lation to slavery among ourselves, we might in return expect that in a matter about which they are little concerned, and scarcely at all iRichard W. Meade, an American citizen, and navy agent of the United States at Cadiz, was imprisoned in Spain upon a judgment, obtained against him in the courts of that country as assignee of a bankrupt. The House of Represen- tatives adopted a resolution to support the President in any measures he might adopt to obtain his release. MEMOIR OF JEREMIAH MASON. 187 interested, and which so deeply and exclusively affects the commer- cial 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. There 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 (192) 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 confidential. 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 a is a young man, with honorable views, so far as I have understood them, but at present cannot be supposed to have great influence in any direction; and as to the Secretary of the Navy, b his value must everywhere depend 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 any- thing. The Virginians say, as our friend Lewis used to do, that he is a high-minded man ; though as a lawyer I have heard that Web- ster appeared with great advantage in opposition to him in the Bos- ton question, turning on the point of State or United States jurisdic- tion. The President continues that same course of profession which was so engaging in the course of his eastern tour. This is more be- fitting a Secretary of State, who decides nothing, than the President who decides all things. I think it cannot be continued without be- coming insipid, unless he gratifies by performance, as well as by expressions of regard and good will. That he would do so, I am dis- posed to believe, if he dare ; but notwithstanding we are all Federal- a John C. Calhoun was Secretary of War. b Benjamin W. Crowninshield, of Masschusetts, was secretary of the Navy. c William Wist, of Virginia, was Attorney General, entering upon his duties November 15, 1817. 188 MEMOIR OF JEREMIAH MASON. ists 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 situated, if it can be supported only by a majority that would not exist without New England. So much for domestic affairs. A word or two re- specting foreign concerns. Our Spanish negotiation is just now at a stand, and the (193) De- 25 partment of State is soon to send in a report, that will show that we are now precisely where we were in 1805. Spain concedes noth- ing; the United States relaxes nothing. Spain would cede the Flori- das 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 in- formed that we decline her mediation, as we shall do the mediation of any other power, — this claim is added to preclude 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 excited 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 MEMOIR OF JEREMIAH MASON. 189 part between Spain and her colonies ; and considered the sale of the ships as an unessential and mere fiscal affair. These ships are des- tined 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 (194) September 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 be- tween Spain and Portugal. The latter seized upon Monte Video on the River Plata. In the course of the last summer a strong note was delivered to Portugal by 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 colo- nies be determined. As it is almost indispensable to the projected expedition that Spain should have Monte 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 prom- ised further and full communication on this subject to our govern- ment. 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 de- cision, 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- 190 MEMOIR OF JEREMIAH MASON. 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 (195) review the sheets that I have filled; if you can make them out, it will cost you I fear much more than they are worth. Yours truly, R. K. JEREMIAH MASON TO CHRISTOPHER GORE. Portsmouth, March 5, 1818. My 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. I am confident the accommodations for your boys at Judge Peabody'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 Exeter. I am not yet determined as to sending 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. I do not think anything of much importance is doing there. I 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 injurious 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 proceedings relative to poor old St. Clair and the other Revolu- tionary worthies. What can be the cause of this extraordinary zeal towards these relicts? I do not expect 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 (196) continuance would do any MEMOIR OF JEREMIAH MASON. 191 good to the best interests of the country. I agree with you, that Federalists have nothing to expect in the way of appointments 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 ancient apostles ex- pounded 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 sinners, I do not think it worth while to be constantly preaching to them or quarreling with them. The offer 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 supposed. I think with you, our gov- ernment 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. Forsyth 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. Mason. CHRISTOPHER GORE TO JEREMIAH 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 appropriation for canals. Clay and Forsyth appear to put themselves forward as the champions. (197) England, in her sweet and amiable disposition, is to give Spain 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 192 MEMOIR OF JEREMIAH MASON. Petersburg, if she meant to depart from her neutrality, and take part with Spain against her colonies. The reply was definitely no. She only merely sold the ships. England will mediate between Spain and her colonies, on the condition that the latter 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 alliance 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 colonies will at no very distant day be free from the metropolitan country, it seems advisable to many now to show their good dispositions 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. (198) DAVID DAGGETT TO JEREMIAH MASON. Washington, March 18, 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- V MEMOIR OF JEREMIAH MASON. 193 mouth College Cause, he sunk lower at the bar than he had in the Hall of Legislature. The opinion was entirely universal, that Web- ster rose superior even to Wirt, (though it is said that he appeared very well,) and infinitely so to Holmes. a The great question of in- ternal improvements, seems almost jaded down. Clay has not suc- ceeded at all at this game. Monroe has gained rather a triumph. 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 certainly 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? 1 " I'll send you a copy by this mail, if one is to be had. (199) It seems he undertook to be very cunning, but on the whole, the Italian was up to him. That mission was indeed disgraceful, and the Senate de- graded the body by yielding to Madison's impudence. Its issue is such as all men of forecast predicted. I 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- a John Holmes was a famous kaleidoscopic politician, and a power in the land in his day; 45 years old when he attempted to reply to Webster in the Dart- mouth College case, at Washington; born in Massachusetts, 1773; graduated at Brown University, 1796, with Tristam Burgess, Dr. Shurtleff, and other celebri- ties; came to bar in 1799, and that year settled at Alfred, in the town of San- ford, County of York, and that part of Massachusetts then known as the district and now as the State of Maine, and which was admitted into the Union two years after the argument in the Dartmouth case. Holmes was not without talent; 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 Mu- rat. But the restored Bourbon Government seemed to think it strange, as ap- peared from the correspondence now laid before Congress, that this demand had never been pressed upon Murat himself during the years he had continued in 194 MEMOIR OF JEREMIAH MASON. 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 ruat coelum, 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 rufus king. Portsmouth, April 13, 1818. My 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 (200) passions might, in some measure, subside. I still think a great had much self-conceit, always cool and self-possessed; was a scheming, busy, restless, rollicking politician. Had broad, course wit, stinging repartee, more than once silencing John Randolph, and delighted the hoi-polloi, and kept every country bar-room in a roar by his questionable stories, but was out of place in Marshall's Court, pitted against such a man as Webster, as it was possibly to be. He had neither taste, time, inclination, the mentality to grasp, prepare and argue a case like this. 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 Washington, and several sloops-of-war, — Pinkney had left for Russia without being able to obtain any recognition of the claim." — Hildreth's History of the United States, vol. vi. p. 610. :^--i : iiSiiX ; 1. LAWRENCE ABBOTT. 3. JOHN RANDOLPH. 2. HORACE BINNEY. 4. JAMES MADISON. 6. EDWARD EVERETT. 5. ICHABOD BARTLETT. 8. JOHN C. CALHOUN. 7. ANDREW JACKSON. MEMOIR OF JEREMIAH MASON. 195 majority of all political parties are desirous of remaining at rest. They have become fatigued with party dissensions, and expect no benefit from their continuance. But our people are 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 have 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, with 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 ob- 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 quar- ter where that trade is deemed of importance. The expectation is that the British will succumb, as they did in the case of the (201) 26 Plaster Act of the last session. 1 Should this expectation be disap- pointed and the trade be destroyed, it will cause much clamor among a An act approved March 3, 1817, forbidding the importation of plaster in foreign vessels from countries whence vessels of the United States were not allowed to bring it. —14 196 MEMOIR OF JEREMIAH MASON. 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. JEREMIAH MASON TO MISS MARY E. MASON. Portsmouth, April 19, 1818. My 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 listlessness, to which, either 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 exercise, 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 express them well enough. In attempting composition you must not suffer yourself to be restrained by diffidence, or false delicacy, but exert boldly (202) 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 per- severing diligence, will secure success. Without them nothing very estimable ever was, or will be attained. This same zealous and ardent exertion, with resolute persever- ance, is necessary for your success, whatever be the object of your pursuit. Even in manners and external accomplishments, nothing MEMOIR OF JEREMIAH MASON. 197 can be done without it. I strongly urge your attention to this, be- cause 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, 1818. 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. The 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 (203) it was with difficulty that the militia was shut out. The sailors go in, notwithstanding their prize money. For manufacturers, we 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 198 MEMOIR OF JEREMIAH MASON. called for, as I believe, by a just regard for American navigation. We are independent of Great Britian 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 as, 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 we have nothing to give her for admitting out money and ships in her East Indies; we may 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 im- portant law ever passed on this, and perhaps on any other (204) sub- ject. England at this day, by the extension of her commercial sta- tions throughout the world, and the application of her navigation law to this extension of dominion, has effectively monopolized a great por- tion of the navigation necessary to carry on the commerce of the world. As respects others she is now more disproportionately in pos- session 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. MEMOIR OF JEREMIAH MASON. 199 JEREMIAH MASON 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. 3 From the importance and idle loquacity of the present minister little can be expected. I have been told you may have a re-election 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 country, and including very many of the better informed Demo- crats, would consider your absence from the public councils a national loss. I hope no ordinary consideration will induce you to (205) 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 eminently entitled to public confidence. I re- ceived, by your frank from Philadelphia, an English paper contain- ing a letter from our Governor Plumer to Mr. Bentham. 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 this matter. It is impossible to make our Legislature sufficiently a Richard Rush, of Philadelphia, late Attorney-General of the United States, was our Minister to England. Born 1780, died 1859. He was a native of Phila- delphia; graduated at Princeton, 1797; admitted to the bar, 1800; Attorney- General of Pennsylvania, 1811; Attorney-General of the United States, 1814-16; in 1817, was for a short time acting Secretary of State, and was that year sent to England as Minister Plenipotentiary, where he remained till 1825; Secretary of the Treasury, 1825-29; candidate with J. Q. Adams for Vice-President, in 1828; was sent to secure the money left by James Smithson to found the Smith- sonian Institution, by Jackson, in 1836; Minister to France, 1837-51. 200 MEMOIR OF JEREMIAH MASON. 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 the nature of man, without any regard to previous laws, 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 JEREMIAH MASON. Jamaica, L. I., May 19, 1818. My 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 you 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 Legislature to reappoint me. I shall neither decline nor solicit a reappointment; and should that event happen, would continue to take my seat (206) 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 they 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- MEMOIR OF JEREMIAH MASON. 201 ried on with the colonial free ports. Our next session may probably 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. My 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 my- self of it; as the matter is, I can only assure you, it has not been occasioned by any want of respect of 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) lame knee. If he does, I hope he will not again attempt the severe 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- 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 202 MEMOIR OF JEREMIAH MASON. States, excites considerable interest in this quarter, 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 sup- posed 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 I 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 management 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 (208) first board of directors, at whose nomination I never knew nor inquired. Not liking the company they had associated me with, I immediately de- clined having anything to do with it. From the "Proceedings of Jackson's Court Martial," it seems the two unfortunate 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 unjustifiable. I 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. a Andrew Jackson (1757-1845). A Tennessee soldier, statesman and farmer. He helped frame the Constitution of Tennessee; Representative in Congress, 1796; United States Senator, 1797; Judge Supreme Court of Tennessee, 1798- 1804; hero of War of '12; first Governor of Florida; again United States Sena- tor, 1823; had the highest number of votes for President of United States, but not a majority, 1824, and the choice was thrown into the House of Representatives and J. Q. Adams was chosen; President of United States, 1829-37. Had unbend- MEMOIR OF JEREMIAH MASON. 203 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. ing will-power, an abhorrence of debt, public and private, and during his presi- dency the debt of the United States was fully paid in 1835; disliked banks, and the love of hard money, justice and his country were ruling passions. Fought many duels, was chivalrous with women; retired after the presidency to the "Hermitage," consisting of about 1,000 acres, some twelve miles out from Nash- ville, Tenn., where he died. 204 MEMOIR OF JEREMIAH MASON. 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 mem- ber of the New Hampshire House of Representatives in 1820. — Report and Resolutions upon certain Resolutions of the State of Virginia upon the Ad- mission of Missouri, sent to the Governor of New Hampshire. CHRISTOPHER GORE TO JEREMIAH MASON. Waltham, January 20, 1819. My Dear Sir, — You will perceive by Governor Brooks' speech, or rather message, that he has been induced to join in hosannas to the present administration, and to express an entire confidence in our national rulers. This may be presumed to have arisen from a disposition to conciliate Mr. Monroe's friends to the claim of Mas- sachusetts for the reimbursement of her expenses in the last war. Its efficacy I doubt. It is not easy to discern, if the Legislature respond to this sentiment as was intended how Massachusetts can have any other candidate for the Presidency at the next 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. 1 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 1 Arbuthnot and Ambrister were two British subjects, tried by court mar- tial for aiding and abetting the Seminoles in their war with the United States in 1818. Arbuthnot was condemned to death, and Ambrister to be whipped and imprisoned; but General Jackson ordered them both to be executed. This affair, MEMOIR OF JEREMIAH MASON. 205 under the lashes which he has most indiscreetly and unnecessarily courted. Your faithful friend, C. Gore. JEREMIAH MASON TO CHRISTOPHER GORE. Portsmouth, January 31, 1819. My 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 Govern- ment of the United States by adopting the resolution proposed by General King, it might have had some effect. It must be a consider- able object with the Government of the United States to have the question concerning the command of the militia amicably settled in its favor. And the quiet, humble submission of Massachusetts, 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 Wash- ington 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 at 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 (211) House of Representatives of the United States. I hope the debate which caused much excitement both in England and America, illustrates General Jackson's iron will and reckless disregard of consequences, as well as the un- bounded influence which he had acquired by his successful defense of New Or- leans. Mr. Adams, to the regret of many of his friends, defended General Jack- son's course. 206 MEMOIR OF JEREMIAH MASON. 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 excite 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. JEREMIAH MASON TO RUFUS KING. Portsmouth, January 31, 1819. My dear Sir, — Last summer 1 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 very considerable interest in this section of the country. I am of opinion that Mr. Adams has lost credit with his New England friends, by his bold attempt at a jusification. 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 attempt to obtain a forfeiture of the charter of the (212) 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 MEMOIR OF JEREMIAH MASON. 207 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 to 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 Di- rectors at the next election. With my best regards to Mrs. King, I am, as always, Sincerely and faithfully yours, J. Mason. DANIEL WEBSTER TO JEREMIAH MASON. Washington, February 4, 1819. My 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 re- sult, 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. (213) 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 expect to come on in two or three days. I am 208 MEMOIR OF JEREMIAH MASON. 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 re-elected. 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 the spring. Yours truly, Daniel Webster, rufus king to jeremiah 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, un- less 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 de- bate, if other objects than to criticize and censure Jackson have not a prevailing influence in the bringing it forward, and ascribing to it so much importance. The periodical election of President is (214) 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 passions 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 pas- sions or excites the prejudices which always exist in popular govern- ments. Whether new combinations and positive efforts will show them- MEMOIR OF JEREMIAH MASON. 209 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 admin- istration of the officers of this company, the little fulfillment of the expectations and predictions that the projectors of the bank en- couraged and made, the positive difficulties of the country by reason of the number of banks and the excess of paper, have produced a very general* dissatisfaction, and the disappointment is altogether 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 com- prehend the confusion of ideas, the utter ignorance of a correct the- ory, as well as the rash and intemperate measures, which, in the pres- ent critical, and in my view dangerous condition of the currency may manifest themselves. According to what I hear, the House of Rep- resentatives are without any guide or plan. They are angry and in- temperate; and the difficulties 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 support, 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) which they may be unable to meet. If the 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 specu- lators and stock-jobbers ; that they should apply for authority to re- duce their capital, which might be done without difficulty to the amount of the hypothecated shares (some eight or ten millions) ; that the President in co-operation with the stockholders, should name four men of very respectable standing as the government directors, and that the new board should go to work soberly, diligently, 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. But 210 MEMOIR OF JEREMIAH MASON. whether this or any other good course will be adopted, I am unable to say; or whether the House of Representatives 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 Sen- ate, where the subject is scarcely spoken of. The Jackson case en- gages much of their attention; and if I read men correctly a major- ity of the Senate, some from one, others from another motive, would pass a vote of censure on Jackson, thereby imparting censure to the President, and his minister Mr. Adams. You will see the new treaty with England. This being effected, Mr. Bagot, having 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. From France we have nothing, and I believe expect 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. Erving is coming home from Madrid. He asked leave of ab- sence on account of health — it will be granted, and he will be laid by. (216) Forsyth will succeed him, and will be nominated at the close of this session. Don Onis has received further instructions, by which he is au- thorized to yield the Floridas, the United States taking 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 parallel to the Pacific, heretofore- offered by Spain as our western and southern boundary, Don Onis is said to be now author- ized to take the Sabine from its mouth to its source, thence north to the Red River, and up the same to certain high lands far west, along the same northerly to the Arkansas River, up the same to the Rocky Mountains, along the same northerly 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 west- DOLLY MADISON, (Wife of James Madison.) MEMOIR OF JEREMIAH MASON. 211 ern territory, and it is the highest imprudence to grasp at more. Having settled the north boundary of Louisiana with England, 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 In- dian 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 lik- ing to the country, which they will begin to settle, and the (217) 28 money expended by the old States will enable them to do so without great inconvenience ; especially as the Indian war that will be long and moderate, will continue to furnish the requisite supplies. The de- mands and strength of the West are increasing daily, and the vigor, decision, and union of the old States decrease in a fully equal degree. I could give you an interesting potion on this subject; but if there be none who care for what is going on, why should one endeavor to ex- cite solicitudes which would be useless and therefore should not be intended. I am at the end of my paper, so farewell, Rufus King, daniel webster to jeremiah mason. Washington, February 15, 1819. My dear Sir, — I am determined to write you a letter before I sleep, although this doing nothing I find to be the most busy employ- ment on earth. To talk is so much the practice, that in the few caus- es I have, I find 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 appellant. In Mr. Bell's case, —15 212 MEMOIR OF JEREMIAH MASON. Mr. Pinkney a was near two hours in opening, and full four in the close. In that case we have no judgment yet. I think some impres- sion 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 Govern- ment to appoint a Board of Commissioners to adjust their claims. The Western boundary I do not know; suppose, however, that the mouth of the Sabine on the Gulf, and somewhere (218) near the a William Pinkney (1764-1822). American statesman and one of the lead- ing lawyers of the United States, born at Annapolis, Md. It was the opinion of Judge Joseph Story, George Ticknor, Jared Sparks, John Marshall, William Wirt, Rufus Choate, Henry Adams, Alfred Salem Miles, Judge R. B. Taney, the historians James Ford Rhodes and John B. MacMaster, that Pinkney had no equal as an orator and advocate at the bar. Says Rhodes: "Pinkney had served his country abroad with ability and honor, but he had won his greatest renown at the bar. When Daniel Webster came to Washington to practice in the Supreme Court, Pinkney was the acknowledged leader of American lawyers, and this surpassing eminence he held to the day of his death, although his position began to be shaken after the Boston lawyer had made the great argument in the Dart- mouth College case. Perhaps a perception of Webster's growing power and future rank led Pinkney to say to a friend and biographer that 'he did not desire to live a moment after the standing he had acquired at the bar was lost, or even brought into doubt or question.' "This great lawyer was as vain of a handsome face, accomplished manners, an elegant dress as he was of his legal acumen. Clad in the extreme of fashion, he preferred to be regarded an idle and polished man of society rather than to be looked upon as what he really was, an un- wearied student (as S. G. Goodrich, in his Recollections of a Life-time, Vol. 2, 399, says: 'Always preparing his speeches with the utmost care, writing out the showy passages, and learning them by heart — a member of Monroe's Cabi- net once told me that he heard him about 5 o'clock of a winter's morning, reciting and committing to memory, in his room, the peroration of a plea, which he heard delivered the same day before the Supreme Court.') rehearsing in private the appropriate gestures and rhetorical points, he sought to convey the notion that he spoke on the spur of the moment.'' — James Ford Rhodes' Hist. U. S., Vol. 1, 34. Perhaps no better pen-picture can be cited than that of George Ticknor's letters, written to a friend in Boston, in 1815. Mr. Ticknor heard the great lawyer argue on separate days The Frances and the Nereide cases, before the Supreme Court, in Washington. He wrote: "Pinkney was formed on Nature's most liberal scale, who, at the age of 50, is possessed with the ambition of be- MEMOIR OF JEREMIAH MASON. 213 mouth of the 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, that 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 its seems too late to do anything. The question is before the ing a pretty fellow, wears corsets to diminish his bulk, uses cosmetics, as he told Mrs. Christopher Gore, to smooth and soften a skin growing somewhat wrinkled and rigid with age, and dresses in a style which would be thought fop- pish in a much younger man. * * * * The display was brilliant. Not- withstanding the pretension and vehemence of his manner — though he treated Mr. Emmett (Thos. A.), for whom I had been much interested yesterday, with somewhat coarse contempt — in short, notwithstanding there was in his speech great proof of presumption and affectation; yet, by the force of eloquence, logic, and legal learning, by the display of naked talent, he made his way over my prejudices and good feelings to my admiration and I had almost said, to my respect. He left his rival far behind him ; he left behind him, it seemed to me at the moment, all the public speaking I had ever heard. With more cogency than Mr. Dexter (Samuel), he has more vivacity than Mr. Otis (Harrison Gray Otis) ; with Mr. Sullivan's (George Sullivan) extraordinary fluency, he seldom or never fails to employ precisely the right phrase ; and with an arrangement as logical and luminous as Judge Jackson's, he unites an overflowing imagination. It is, how- ever, in vain to compare him with anybody or everybody whom we have been in the habit of hearing, for he is unlike and, I suspect, above them all. He spoke about three hours and a half (The Nereide case), and when he sat down, Emmett rose very gravely. 'The gentleman,' said the grand Irishman, in a tone of repressed feeling which went to my heart, — 'the gentleman, yesterday announced to the Court his purpose to show that I was mistaken in every statement of facts and every conclusion of law which I had laid before it. Of his success to-day the Court alone have a right to judge; but I must be permitted to say in my estima- tion, the manner of announcing his threat of yesterday, and of attempting to fulfill it to-day, was not very courteous to a stranger, an equal, and one who is so truly inclined to honor his talents and learning. It is a manner which I am persuaded he did not learn in the polite circles of Europe, to which he referred, and which I sincerely wish he had forgotten there, wherever he may ha<--e learnt it.' Mr. Pinkney replied in a few words of cold and inefficient explanation, which only made me think less well of him, and impelled me to feel sorry that I had been obliged so much to admire his high talents and success." 214 MEMOIR OF JEREMIAH MASON. Court whether the State Bankrupt Laws are valid. The general opinion is, that the six 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, nothwithstanding 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-day indicative of a decision, Yours very truly, D. Webster. (219) RUFUS KING TO JEREMIAH MASON. Washington, February 20, 1819. Dear Sir, — 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 22d, 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 citi- zens on account of illegal captures, condemnations, etc., etc., and en- gage to satisfy these claims to an amount not exceeding five millions of dollars. A commission to be established. The commissioners 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 Arkansas River, and up the MEMOIR OF JEREMIAH MASON. 215 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. An article respecting the delivery of seamen deserting from the vessels of the two parties is also in- serted in the treaty. The settlement is one of much importance, as it will compose the temper of the zealous and turbulent men of the West who desire and would gladly engage in a Spanish war. As re- spects land, the Floridas we want; of lands in the West we have al- ready more than enough. 1 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 Sen- ate, to take effect in July 1820. It should have been on the 1st of January next, and I am in hopes the House of Representatives will fix on this day. Already a debt of about fifteen million dollars is contracted. The debtors are scattered through and indeed compose the (220) popula- 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 off the interest on the debt. Postponement is matter of course, abate- ment of interest would follow, and ultimately the release of the debt or separation. I consider the confining all future sales to cash payment the most important law that has been passed for several years. Very faithfully your obedient servant, Rufus King. a This is in line with Webster's opinion of the West, as when he said, upon a proposition before the Senate to establish a mail-route from Independence, Mo., to the mouth of the Columbia River: "What do we want with this vast, worthless area? This region of savages and wild beasts, of deserts, of shifting sands and whirlwinds of dust, of cactus and prairie-dogs? To what use could we hope to put these great deserts, or those endless mountain-ranges, impene- trable and covered to their very base with eternal snow? What can we ever hope to do with the Western coast, a coast of 3,000 miles, rock bound, cheerless, uninviting and not a harbor on it? What use have we for this country?" At another time Webster said that the port of San Francisco would be twenty times as valuable to us as all Texas. (This was in 1845.) 216 MEMOIR OF JEREMIAH MASON. DANIEL WEBSTER TO JEREMIAH MASON. Washington, February 23, 1819. My dear Sir, — I received your 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 argu- ment 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 whatever. 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., a are in favor of Bell; W., D., and (221) S.," contra. It is not worth 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 before 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 ans- wered. 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 Brit- ish held that town. There will be nothing done against the bank. • "Ch. J." (Marshall); "L." (Brockholst Livingston), of New York; "J." (William Johnson), of South Carolina. b "W." (Bushrod Washington, of Virginia) ; "D." (Gabriel Duvall, of Maryland); "S." (Joseph Story, of Massachusetts). MEMOIR OF JEREMIAH MASON. 217 Lowndes' speech on Saturday shook the facts of the report essential- ly. 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 speedily known. The treaty is now before the Senate. The Senate are very likely to censure Jackson. Goldsborough says there is a set- tled majority for doing so. Our great friend, however, will be the other way. It is said he was consulted on the subject last summer. 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 anxious 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. DANIEL WEBSTER TO JEREMIAH MASON. Boston, April 13, 1819. 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 (222) circuit had commenced, that he might have employment and occupation. As to the College Cause, you may depend on it that there will be difficulty in getting delay in that case, without reason. I flat- ter myself the judge will tell the defendants, that the new facts which they talk of, were presented to the minds of the judges at Washing- ton, 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 verdict 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 evidence — on the ground of im- materiality, — 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 understand that we shall resist all delay. 218 MEMOIR OF JEREMIAH MASON. 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 out 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, August 1, 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. 1 I should have done (223) 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 extraordinary degree, will enable you much better than anything I can suggest, to bear with equanimity and fortitude your present sufferings 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. JESSE APPLETON, D. D., TO JEREMIAH MASON. Brunswick, August 11, 1819. My dear Brother, — I write 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- 1 The death of Mrs. King. MEMOIR OF JEREMIAH MASON. 219 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 freedom 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, by dear Sir, to press this subject on your attention. Permit me to remind you that the elevated talents which you possess, 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 (224) than it is to ordinary men. Your talents and general deportment have acquired for you a great influence with the public. 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 salvation 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 divine grace. August 12. — Since writing what goes before I have been re- minded that my time is short, as I have raised much bloody matter 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 great 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 men- tion this to show that earthly happiness must not content us, it will soon vanish. The soul, my dear brother, and eternity, are the objects for which we must chiefly provide. 220 MEMOIR OF JEREMIAH MASON. When we took leave 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, dis- claiming most emphatically every hope of justification but through his all-sufficient atonement. Give my affectionate love to Sister Mason and the children. And now, dear Sir, God grant I may see you and in a better world! Your affectionate and grateful Brother, J. Appleton. 29 (225) October 2. My dear Sir, — When the preceding was written, viewing death as quite near, I had designed that the letter should not be sent till after that event should occur. In great mercy God is preserving me and rendering me on the whole rather more comfortable 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 ap- pear 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 wel- fare of my friends. Any information concerning yourself and fami- ly, especially George (who promises very abundantly in a kind letter to me,) will be highly acceptable. i JEREMIAH MASON TO THE REV. JESSE APPLETON, D. D. Portsmouth, October 11, 1819. My 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 gratutude as the present. I know that I have been too inattentive to the great and important subject of religion. I have occasionally 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. I have found it much MEMOIR OF JEREMIAH MASON. 221 easier to make resolutions than to observe them. I hope and trust that the resolutions which I shall make in compliance with your friendly solicitations will be better observed and have more perma- nent effects. 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 (226) that you should attempt to get into a milder climate for the en- suing 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. But should anything occur to change this opinion, I hope you will not permit any consideration of the expense to affect your de- termination. That may certainly be provided for without any difficul- ty. I have just received a very pressing invitation from Mr. Gore to make him a visit. Mr. King is now with him at Waltham. 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 quite 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 re- membered to you. I am, my dear Sir, sincerely and faithfully yours, J. Mason. DANIEL WEBSTER TO JEREMIAH MASON. Boston, November 15, 1819. My dear Sir, — Our 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 222 MEMOIR OF JEREMIAH MASON. 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, (227) 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 pretty 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, mirabile dictu, D. W. ! This last they will be laughed out of the notion of, and therefore pray say not a word about 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 be 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. Appleton. Few men have made a short life more useful, and his friends must derive great consolation from that re- flection. 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, D. Webster. JEREMIAH MASON TO JOSEPH STORY. Portsmouth, November 19, 1819. My dear Sir, — I received a letter yesterday from Mr. Webster, saying that the indisposition of one of their children and the sickness 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 MEMOIR OF JEREMIAH MASON. 223 of our being disappointed of your visit also. You have (228) 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 glad to see you. My acquaintance and friendship with Dr. Appleton 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 public 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 MASON TO MRS. APPLETON. 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 centered 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 expect that one afflicted as you are should not to a certain extent indulge their sadness and grief. You must, however, remember that (229) important duties remain for you to perform, and that you must not by the immoderate indulgence of sorrow disable yourself to dis- 224 MEMOIR OF JEREMIAH MASON. 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 meantime 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 affectionate brother, J. Mason. JEREMIAH MASON TO JOSEPH STORY. Portsmouth, December 4, 1819. My dear Sir, — We 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 you go to Washington. Be so good as to drop 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. I have just read the newspaper ac- count of the doings of the meeting at Boston yesterday on the im- portant subject of the extension of slavery to new States. I (230) 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. We are to have one here next Wednesday. There seems to be here, as I trust there must be in all the non-slaveholding States, great unanimity. I have however been informed that Judge Wood- MEMOIR OF JEREMIAH MASON. 225 bury has expressed doubts of the constitutional power of the Legis- lature. With great esteem, sincerely yours, J. Mason. JEREMIAH MASON TO RUFUS KING. Portsmouth, December 15, 1819. 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 few 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 meet- ing was well attended, and included nearly all in any degree com- petent to form an opinion on the matter under consideration. Con- siderable pains were taken to have the subject in some of its im- portant bearings understood; the result was a unanimous opinion, with the exception of two or three dissentients only, that (231) Congress possess the power and ought to exercise it. Meetings 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 conform 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 226 MEMOIR OF JEREMIAH MASON. disgrace of permitting 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. Waltham, December 28, 1819. My 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. King's election to the Senate, which for the public good I earnestly wish may take place, and I should believe that the attendance at Washington would pro- mote 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 assertions on this subject than on many others. Our boys T are now at (232) home. They say they dined on Thanksgiving Day with Governor Gilman. Congress, we are told by the public papers, contains many men of business. I venture to predict it includes more men of talk, and they seem to have many subjects of great fertility on which to try the strength of their lungs With our affectionate regards to your wife and daughter, I remain your faithful friend, C. Gore. 1 Mr. Gore's nephews, William and Edward Payne. MEMOIR OF JEREMIAH MASON. 227 JEREMIAH MASON TO CHRISTOPHER GORE. Portsmouth, January 2, 1820. 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 decent from 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 In- dians have, in most parts of the country, experienced a cruel (233) 30 fate, from the time of their first acquaintance with us. You prob- ably noticed the praise bestowed on Uncas, the Sachem of the Mo- hegans. 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 against them, a few years 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 advantage in case of —16 228 MEMOIR OF JEREMIAH MASON. 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- (234) nant to the principles of Mr. Madison's resolutions of 1798-99, exceeds in arrogance anything ever before attempted. I rejoice to learn from your last letter, that both you and Mrs. Gore are on the recovery. Mrs. Mason and Mary desire their affec- tionate respects to her and yourself. I am, dear Sir, truly yours, J. Mason. CHRISTOPHER GORE TO JEREMIAH MASON. Waltham, January 9, 1820. My dear Sir, — I am in hopes that our Legislature will express their sense in a very decided manner on the Missouri Question. There is some strange and as yet some unaccountable conduct among our printers on this subject. I, at an early date after its publication, re- ceived a corrected copy of Mr. King's speech; this I sent to Mr. MEMOIR OF JEREMIAH MASON. 229 Webster, saying that I should have endeavored to procure its inser- tion in the "Repertory," but Mr. Hale had at several times declined to publish pieces for me on politics and literature which prevented me from offering it to him. Finding that W. did not think worth while to obtain its appearance in that paper, I sent it to the printer of the "Centinel," who, after my note was gone from me, but before it had reached him, requested the speech that he might print it. He acknowl- edged my note, inserted my recommendation, and promised to have it printed. He omitted to do it, and says the omission is at the 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 personal prejudices. Considering this strange course, I am prepared to meet any dis- position 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) construction of her Legislature shall exclusively control the Constitu- tion. Mrs. Gore and myself are both in better health than when I last wrote you, and unite in regards to Mrs. Mason, yourself, and daugh- ter, Yours faithfully and affectionately, C. Gore. JEREMIAH MASON TO CHRISTOPHER GORE. Portsmouth, January 16, 1820. My 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 beneficial to the pub- lic. His election must tend to moderate the spirit of faction and les- sen the influence of demagogues. I trust there is no doubt of his ac- cepting 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 230 MEMOIR OF JEREMIAH MASON. publish his speech on the Missouri Question, under the circumstances you mention, is most extraordinary. 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 great question. I see Governor Brooks makes no allusion to it. The omis- sion 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 in- difference as to the issue, may, and probably will determine as suf- ficient number of votes in the House of (236) Representatives 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 sub- ject to the bill for the admission of Maine. The attempt is entirely un- parliamentary, and will be resisted. What do you think of Mr. Otis's attempt to defend the Hartford Convention? When I was in Boston last autumn, he 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 forgotten, and that it would be unwise to revive it by a public discussion, which could do no good but might do much harm. The event will show whether I gave him good or bad advice. With affec- tionate regards to Mrs. Gore, I am, my dear Sir, truly yours, J. Mason. CHRISTOPHER GORE TO JEREMIAH MASON. Waltham, January 24, 1820. My dear Friend, — I sincerely rejoice with you on Mr. King's election to the Senate, and more especially, as regards him, in the man- ner of it. He wrote me that he should set off on Friday last for Wash- ington, where I trust he will do much good. You have known the cause of our cooling off on the Missouri MEMOIR OF JEREMIAH MASON. 231 Question. The tears of the gentlemen to whom you allude on his re- turn home operated on others, and letters, as I am told from Congress, absolutely shut the press, and possibly the Governer's mouth, on this interesting question. Messrs. Quincy and Sullivan, we hear, doubt if they have not been too ardent and too explicit in the expression of sentiments against the unqualified admission of Missouri; and the consideration of this subject in our Legislature will be postponed until it can have no effect. All are alive on the Hartford Convention, and it is not impossible that instead of quieting the real or pretended jeal- ousy on that measure, new bickerings and (237) increased acrimony between Massachusetts and some 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 numbers of these essays hints in strong terms that Messrs. Jay and others did or recommended the like conduct; but these men, says Mr. — , are forgiven. Enough seems to be said to irritate and provoke retort, but not enough, if it were pos- sible, of which I doubt, to put down clamor. With deference to those who wield the weapons of their own defense, I think the essays carry the mark of apology and have the language of supplication in such manner and to so high a degree, as will produce directly the reverse of what is intended. As a piece of the like fabric, our wise men in the Legislature have been trying to get up something like a re-burial of Governor Strong and a funeral eulogy. This is now projected, as I 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 lucubrations 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. JEREMIAH MASON TO CHRISTOPHER GORE. Portsmouth, January 31, 1820. My dear Sir, — I thank 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 232 MEMOIR OF JEREMIAH MASON. the 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 Mass- achusetts to express an opinion will be (238) felt at Washington. I doubt whether we have any men in the House of Representatives, of sufficient weight of talents and character to preserve our majority there, while under the violent pressure of a cajoling management to which they 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 of the Hartford Convention, which if left unan- swered 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 sub- jects, this will pass off without exciting much notice. You doubtless observed the honorable mention of our Act, for raising State troops for the purpose of local defense. Do you remember the cold indiffer- ence with which that measure was at the time received in New Eng- land ? 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, 1820. 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-hold- ers 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 question ex- cited 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 exhibited by the peo- ple of the South, both in and out of Congress, has offended some and MEMOIR OF JEREMIAH MASON. 233 alarmed others. Many of the former supporters (239) of the Virginia rule now lament with apparent sincerity our domestic disunion, the acknowledged cause of the late defeat. If this tendency of public opinion should be permitted to have its natural course, it would prob- ably produce considerable effect. But the demagogues, office holders and office seekers, sensible of their danger, are doing all in their power to counteract it. At present the prevalent feeling is that of mortifica- tion mixed with no inconsiderable 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 mer- cenary hopes of personal advantage. 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 command 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 Congress. 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 incum- bent shall have served out his two terms. I know not what is inferred from General Smith's caucus, but presume that no considerable op- position is expected to Mr. Monroe's re-election. The good people of New England have been much disturbed dur- ing the past winter by the appearance of the ghost of the Hartford Convention, so adroitly conjured up, by Mr. — in his defense of the character of the defunct. When I was in Boston last autumn, he men- tioned to me his intention of undertaking that defense. I tried to dis- suade 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 re- spect, I am as ever faithfully yours, J. Mason. (240) RUFUS KING TO JEREMIAH MASON. Washington, May 4, 1820. My dear Sir, — It is some time since the receipt of your obliging letter of the 15th ultimo. It ought sooner to have been acknowledged, 234 MEMOIR OF JEREMIAH MASON. 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 changing the mode of selling the public lands, nothing of importance will have been done, though much has been dis- cussed which stands postponed to another session. Had not the friends of the tariff embraced a system too comprehensive or compli- cated, they would have succeeded. The cotton and woolen manufac- tures disconnected with their associates would have received the pro- tection asked for, but the bearing of the bill on ship-building and navi- gation 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 re- specting 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 re- specting 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 minor- ity. I have, however, no doubt that ultimately we shall possess the Floridas. In respect to the Missouri debate, in which I took a part, which became the theme of gross misrepresentation and abuse, al- though, as the newspapers have shown, much has been (241) said, 31 the argument, whether the power or the policy be the inquiry, re- mains unbroken in favor of the restriction. Indeed, nothing having the character of a law, or constitutional or statesmanlike argument, has been offered to the contrary, and in my conviction none can be in- vented. 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 paper 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 MEMOIR OF JEREMIAH MASON. 235 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 successor ; but I consider this event un- certain and not likely to be definitely ascertained, at least in favor of Tompkins, before Congress adjourns. Rush, of Pennsylvania, Mor- row, of Ohio, Clay, of Kentucky and my brother, of Maine, have been spoken of, but as far as I can form an oponion, it would be that no per- son 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 im- pose, 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 con- tractors will not receive as they ought, but for which, with damages, 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 mil- lions this year, and the prospects of the next year are still more alarm- ing. The project of the new tariff if it succeed, must reduce the im- port of tonnage duties still lower, and its (242) establishment must produce the necessity of a system of internal taxes which the Western States have no inclination to impose. A motion to reduce the army is before the House, and if no fears respecting 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, Rufus King. rufus king to jeremiah mason. Jamaica, L. I., May 25, 1820. Dear Sir, — As Virginia has appealed to the respective States on the Missouri Question, I hope that your Legislature will not only sus- tain the appeal but give judgment in the cause. 236 MEMOIR OF JEREMIAH MASON. You are in the Legislature and will of course attend to the sub- ject, should your 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 results 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 strengthen- ing 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. a On all controvert- ed points in every national question, we fight militia against regulars ; and as in war we suffer grievous defeats 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 accomplished, but we shall forever be governed by the minority whose interest materially differ from our own and from those of a majority of the natives. If you could come from New Hampshire, and (243) Webster from Massachusetts, I should feel some courage and confidence. Think of these things. . With great esteem and respect, I am always and truly yours, R. King. a "Numbers which are mere numerals in politics as well as finance are not to be relied upon." This is similar to Rufus Choate's, "Neutrality in any sharp civil dissention is cowardly, immoral, and disreputable;" or James A Garfield's, "All governments are party governments; and until the real millenium comes there will be parties in religion, in politics, and in every realm of thought;" or Horace Greeley's, "That which styles itself 'an independent journal' is inevitably a fraud. The essence of its profession is an assumption of indifference to the ascendency of this or opposite party, which does not exist. In a free State, whereof the people are intelligent, no journalist is or can be indifferent, and an affectation of impartiality necessarily cloaks some selfish and sinister designs;" or R. A. Horr's (a Congressman from Michigan), "An independent in politics as a rule, is good for nothing; he is always on both sides of every question, and on neither side of any. He is half fish and half woman — a political mermaid, too much woman to be good for anything as a fish, and too much fish to be good for anything as a woman." MEMOIR OF JEREMIAH MASON. 237 DANIEL WEBSTER TO JEREMIAH 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 Vermont ; and I learned there last week that two or three of their most considerable men might perhaps be elected in the fall. I believe I suggested to you also, the expediency of separat- ing the Congressional from the State elections. The Massachusetts Legislature assembles to-morrow. The important business is to de- cide whether there shall be a convention to amend the State constitu- tion, and to elect a Senator. As there is one Senator from Boston, the other must come from the country. 11 I suspect it will be Mills, George Bliss of Springfield, or William Baylies of Bridgewater. It is possible, however, it may be a merchant, 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 Justice Parker on the Saturday before. When your legislative labors are over, I hope you will come this way and play a little. If nothing occurs to prevent, I intend being in Concord one day about the 20th of June. I have promised Mr. Olcott to be there if practicable. 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, D. Webster. (244) a Harrison Gray Otis was the Boston senator, and Elijah H. Mills, of Northampton, Mass., was elected to fill the vacancy caused by the resignation of Prentiss Mellen, then of Portland, Maine, who resigned the United States Sen- atorship, May 15, 1820, as Maine was cut off from Massachusetts, and became a State of the Union, March 15, 1820. Mr. Mellen resigned to take the Chief Justiceship of the Supreme Court of Maine. 238 MEMOIR OF JEREMIAH MASON. JEREMIAH MASON TO RUFUS KING. Portsmouth, June 4, 1820. My dear Sir, — I have to acknowledge the 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 render that situation very agreeable to me, among which the benefit of your so- ciety would not be esteemed the least. But it is for the present entire- ly out of the question. Mr. P. a has no intention or inclination of re- signing a seat which is so necessary to him for his comfortable sup- port, 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 surmounted, would still remain. Mr. Mellen as was expected, has resigned. Mr. Webster can probably, if he pleases, have that place. 1 ' 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 represent- ed in Congress; but I see not how this is to be effected, in any con- siderable degree, as long as we remain subject to our apparently in- terminable 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 un- der consideration, are disposed of to the best advantage. There will be, as I fear, no small difficulty in bringing our Legislature to (245) a John F. Parrott, of Portsmouth, was one of the senators from New Hamp- shire at this time, and David L. Morrill, of Goffstown, New Hampshire, the other. b Mr. Webster was elected to the United States Senate and took his seat March 4, 1827; but was in the lower House of Congress, 1823-27. MEMOIR OF JEREMIAH MASON. 239 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 the 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 irritation, 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, J. Mason. DANIEL WEBSTER TO JEREMIAH MASON. Boston, June 15, 1820. My dear Sir, — If your session should prove as short as you an- ticipate, 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 Legislature is wholly engrossed by local subjects, especially by the project of a conven- tion, which it seems we are to have. I have inquired of Mills, Dal- ton, Lawrence, and others. They all say the Virginia Resolutions have not been communicated to them! ! Whether they were sent last winter, or whether the Governor has (246) omitted them, or whether Virginia never sent them at all, is more than I know, and more than anybody here appears to know. Mills's election is prob- ably the best thing that could be done. He is always respectable, and 240 MEMOIR OF JEREMIAH MASON. will be, I think, a safe man. Local causes rendered 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 legis- lator. 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 legislative proceedings. In the course of time, I expect to hear of some legislative movements about the judiciary, if opinion in New Hampshire 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 discussed in it, among others the erection of a court of equity. Yours, D. Webster. CHRISTOPHER GORE TO JEREMIAH MASON. Waltham, June 25, 1820. My dear Sir, — I have received your letter of the 23d June in- stant 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 Question are a (247) 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 are 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 MEMOIR OF JEREMIAH MASON. 241 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. Gore. RUFUS KING TO JEREMIAH MASON. 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, Massachusetts 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. (248) 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 slavery? I wish very earnestly that you would settle the conclusion firmly in your mind, that you ought to form motives in every sense hon- orable, and give me leave to say obligatory, to desire to return to 242 MEMOIR OF JEREMIAH MASON. the Senate of the United States, and as soon as it may be in your 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 office, 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 re- ceive proper consideration, — » constructed, put forth its powers in a style of conversation which showed at once reflection and study. Her maners, like her father's, were calm and self-pos- sessed. 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 min- gling of dignity and grace, which conciliated at once respect and affection. 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 sad- ness, but without any touch of bitterness or gloom. For she was a woman of strong religious faith, and this was her all-sufficient support in all her trials. The Christian graces of humanity and self-sacrifice shone in her life with peculiar lustre. The touch of sorrow only served to increase her natural tender- ness 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 family, and that of the many friends who visited him for the sake of his instructing and entertaining conversation. It was Miss Mason's habit to record what was interesting to her in a diary, 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 446 MEMOIR OF JEREMIAH MASON. 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 minister to the happiness of her father and mother. She dreaded 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 sum- mons that should (436) 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 institu- tions with which she was closely identified: "The Widows' Society," and the "Church Home for Orphan and Destitute Children," the latter founded by her brother, the Rev. Charles Mason. This most beneficent charity 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 family 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 providence of God, she was called to share with her sister the charge of her brother's children, who will ever remember her tender and watch- ful care. MEMOIR OF JEREMIAH MASON. 447 A few extracts from Miss Mason's diary are here given, as illustrating her purity of character and strong filial affection: — 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. Sunday. — I have been interested in reading some of Mr. Greenwood's ser- mons 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 effect 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 years without thinking of it. Since that time he had defended half-a-dozen criminals, and saved them all from that punish- ment; he said he preferred being on that side to the other, but it was disagree- able 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. (437) August, 1844. — I came home from Amherst, finding I was rather missed, and 448 MEMOIR OF JEREMIAH MASON., had a delightful greeting. O! how happy these returns are, and what a beloved home has mine always been. 18th. — The country is beautiful, and my visit to Brookline was pleasant. We came in to-day 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 reading in the evenings the "Life of Lord Eldon," with great interest. It is a fine English edition given him by Robert, which adds to his pleasure in reading it. September 10, 1844. — Father and mother have been alone, and have quite enjoyed it, for a few days, talking over old times, etc. What a long and pleasant life they have had together; they 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 happiness. 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 bless- ing 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 expected. 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 separation from each other, and from the dear home we love so well; but the 1 The residence of Dr. and Mrs. Rhinelander, Long Island, N. Y. - After the death of his wife. MEMOIR OF JEREMIAH MASON. 449 hardest separation 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. January 5, 1845.— In thinking of Susan's* life, I see a beautiful exempli- fication of the Christian character, and a model which we may well imitate. In our affliction 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 June 28. — 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 (438) dullness of his confinement. He has been very patient, and it is a comfort to see that as his infirmities increase, so does his gentleness and sub- missive spirit. November 25. — 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 yes- terday evening, commending with his last utterance his soul to his Saviour. After her father's death. — . . . but my dear father is gone. 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 3 Mrs. Charles Mason. 1 Robert Means Lawrence, who died at nineteen years of age. 450 MEMOIR OF JEREMIAH MASON. 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 everything 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 remem- ber 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 conversation 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 ex- pressed 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 dis- embodied 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." Speculations upon things not clearly revealed in the Scriptures he did not enter into. (439) MEMOIR OF JEREMIAH MASON. i:,l September, 1849. — Dear mother has tried to be cheerful, and has succeeded, though I think she feels her loneliness here 1 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 to- gether. She has enjoyed hearing Wordsworth's Life read. I have not read any- thing in a long time that has given me so much plesaure; and it has brought back a fresh pleasure in his poetry, which I used to enjoy so much long years ago. January 1, 1853. — 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 affection- ate 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 3 . 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 devotion to the one object of her life, doing good to the souls of her fellow beings. April 25, 1858. — My dear, precious mother departed this life on the 10th 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 1 They were spending the summer at Danvers. « A village of Schoharie County, N. Y.,— 50 miles west of Troy, population (1910), 459. It is a well known summer and health resort on account of its medical springs. —30 452 MEMOIR OF JEREMIAH MASON. traits of nature and grace help to make me 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 blessings 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. Died. — In this city, April 29, Miss Mary E. Mason, eldest daughter of the late Jeremiah Mason. (440) 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, in- deed, 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 vigorous 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 distressed, knew her charitable hand, and revived and took courage at her kindly and inspiriting words. MEMOIR OF JEREMIAH MASON. if,:; 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 ex- cellences; 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 faith "the evidence," for her, "of things not seen." In remembering the nobleness of her character, and in more affectionately lingering over the contemplation of its singular loveliness, we are glad to think of her as having crossed the dark river in peace, leaning with unfaltering trust upon the arm of her Saviour. "Calm on the bosom of thy God, 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 Bow- doin College. There he early developed a taste for the Natural Sciences, espe- cially for mineralogy and geology, under that distinguished man Professor Cleve- land, who seemed (441) by the power of his genius to attract and attach his pupils to him in a remarkable way. 454 MEMOIR OF JEREMIAH MASON. Alfred entered upon the study of medicine immediately after graduating at college, under the direction of Dr. Pierrepont, in Portsmouth. To diversify his occupation, and to put in practice his acquirements, he early made the Alms- house serve as a sort of hospital, and there experimented upon such of the in- mates 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 administering, according to the exigency of the case, sometimes a bread pill or other mild remedy, when the patient did not seem to require more power- ful treatment. He had a bright and genial way 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 intercourse 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 Bellevus Hospital, the largest institution of the kind in the State, and received the ap- pointment. 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 off 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 disease. It was soon apparent that he was to be a victim to his own courageous devotion 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. MEMOIR OF JEREMIAH MASON. ir,r, 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 Delafield, the warm and constant friend of his family; and also from the medical staff of the hospital, who all felt a deep solicitude, for he had strongly attached himself to them by his manly qualities, and the intelligence he displayed in the arduous duties of his position. But it was beyond the power of human effort to save him from the devastating scourge; and thus was cut off in his early manhood a career of remarkable promise, 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 which his family will never cease to be grateful. The remains were deposited in (442) Mr. March's family tomb, where they laid until after Mr. Mason's removal to Boston, when he had them brought to Mount Auburn and placed in his lot, with others of his family. This first entrance of death into the family circle of Mr. Mason, which had until then been so cheerful and 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 456 MEMOIR OF JEREMIAH MASON. of March, 1804, and under circumstances of parentage, rarely enjoyed, to elicit and bring forward his naturally sagacious and inquisitive mind. It is not, how- ever, 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 maturer years. His early life he spent amongst you, and how cheerfully and happily, will not be forgotten. 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 form- ed. If, however, he was not particularly distinguished in the routine of its ex- ercises, it was not that he was deficient in industry, or insensible to the impor- tance of intellectual cultivation; for in a very large class he exerted a command- ing influence by his extensive information on subjects of general and polite literature, and by his unrivaled eminence in a particular department of knowl- edge; but because he viewed the prescribed studies of a college life as compara- tively 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 distinctions they might confer, in his love for those 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 inani- MEMOIR OF JEREMIAH MASON. 457 mate form, and, like Pygmalion's statue, and nature grew into life, and beauty, and (443) intelligence, beneath his warm embrace; and neither mathematics, nor poetry, politics, nor pleasure, could shake his constancy or estrange his love from those charms that won his youthful heart.' "Thus early did he show a prediliction for studies in which he afterwards became a remarkable proficient. ' Nor was he without sympathy in these high and noble pursuits. 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 natural 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 learning, his industry and enthusiastic exertion, did honor to the distinguished attentions that had been so liberally and so generously bestowed upon him. He particularly devoted himself to the sciences of physiology, natural history, chemistry, and mineralogy; and in' each, par- ticularly the latter, made very high and honorable attainments. To his knowl- edge of this particular branch our Athenaeum is indebted for many of its valu- able 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 2 of this place, whose known ardor and zeal in the pursuit of science was a pledge of success to a favorite pupil. Being naturally endowed with a mind active, ardent, and discriminating, he possessed every requisite for success and distinction in the profession he had chosen, not only from the acuteness of his discernment, his 1 Professor Cleveland, of Bowdoin College. 2 Dr. Pierrepont. 458 MEMOIR OF JEREMIAH MASON. decision, and judgment, but from an exalted sense of integrity, and a truly humane and philanthropic disposition. To the cultivation of the several branches of his pursuits he devoted himself 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 every- thing 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 profes- sion as a science, in its nature ennobling to a diligent cultivator, and in its effects a blessing to mankind. He labored for principles. He believed with the great Rush, that medicine without principles is an humble art and a degrading 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 (444) acquiring something valuable to add to his stock of knowledge, and always returning with an ardor unabated for still further improvement. "It might be supposed, that in a mind thus constituted, and devoted as it was to the discipline of severe study and abstruse investigation, that there would be but little 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 to- gether. With a most affectionate disposition there was united in him a delicacy and tenderness of sensibility to the sufferings 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 i MEMOIR OF JEREMIAH MASON. 459 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 pleasure of friendship and of social intercourse; 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 un- presuming 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 con- nected. "The same zeal which characterized him in the medical profession distinguish- ed 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 intelligent 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 elevated, 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 re- spected and beloved, would have rendered him an ornament to the medical profes- sion — the messenger of mercy, indeed, to the distresses of suffering humanity — cannot be doubted. Why they were not permitted to ripen into greater useful- ness, 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 providence. (445) 460 MEMOIR OF JEREMIAH MASON. "Early the last autumn he left this place for New York, where he took up his residence, and passed the winter under the instruction of an eminent prac- titioner, 1 in the most assiduous attention to his studies, and unremitted exertions for still further accomplishments. Believing that a large hospital would afford him still greater facilities 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 high- ly were his attainments appreciated, that from very many applications he was selected to the office. "During the winter an epidemic had prevailed in the hospital, which, al- though it had apparently disappeared at the time of his entrance, shortly after- wards made its appearance again, spreading through its crowded wards with greater severity and fatality 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 sympathy, it may be easily imagined how trying and laborious must have been the situation in which he was placed; and how kind, how faithful and vigilant he was in the practice of his duties amid the appalling scenes of suffering and death, we have the testimony 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 per- form, and worn down by care and anxiety 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 attack, soon developed, in the destruction of his reason and strength, its inveterate and fatal malignancy. "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, 1 Dr. Delafield. MEMOIR OF JEREMIAH MASON. l<;i and the faithful cultivation of the powers and faculties which God had given him. "We could have wished, if consistent with His will, that a mind so ardent and intelligent, 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. We 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 administering 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 faithful improvement of mind and develop- ment of character, he is wanted in a nobler sphere of existence for nobler pur- poses, and for still higher advancement. It may (446) be he has been merci- fully removed from impending woe, from disappointments and sorrows, which would have damped his ardor and ruined his peace. It is certain that the event, however afflicting it may be, is the allotment of infinite goodness and of unerring wisdom." JAMES JEREMIAH MASON. James Jeremiah Mason, the third son of Mr. Mason, was born in Ports- mouth, 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 462 MEMOIR OF JEREMIAH MASON. 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 prefer- ence for a residence in Boston and remove to the great emporium of business. His father's family had not then come to Boston to reside, and he there- fore 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 de- voted friends, that it became a hard struggle to make up his mind to part with them.. Fortunately he was not destined long to be separated from them. The eminent house in which he commenced his career as a clerk, then com- posed of Mr. James W. Paige and Mr. Nathan Appleton, had received impres- sions so favorable lo his capacity and his integrity of character while in a sub- ordinate position in their house and from observation of his conduct in New York, that they soon sent for him to return and become a partner with them. This was a flattering appreciation 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 ambiguous traits were overlooked in the esti- mate. 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 meas- MEMOIR OF JEREMIAH MASON. 163 ure explain the necessity for some divergence from (447) the old system, but no amelioration of the rules of business should dispense with habits of close at- tention to the interests entrusted to agents, who should feel a responsibility 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 stand- ard required in business men which prevailed formerly. In these new relations James bore himself with conspicuous credit, increas- ing and retaining his hold upon the respect of the community without interrup- tion 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. Thus 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 Vir- ginia in the spring of 1835, where he contracted a fever, which developed on his return to Boston after some weeks, and ended in his death June 13, 1835, aged 29 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 uncommonly devoted and affectionate in the family circle, and a great favor- ite in the society in which he moved. He had no extravagances or vices, and in these particulars he never gave his parents or his friends a moment's uneasi- 464 MEMOIR OF JEREMIAH MASON. ness. He had the confidence of older men and especially in his business connec- tions to a remarkable degree. His manners were courteous and winning, carry- ing confidnce 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 command- ing influence which he attained among those with whom his connection was in- timate 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 ad- miration. CHARLES MASON. The following memoir of this amiable and excellent man, and faithful and devoted pastor, written by his friend the Rev. Andrew P. Peabody, D. D., first appeared (448) in the "Proceedings of the Massachusetts Historical Society," 1863-64. It was reprinted, with some additions, in a volume of Mr. Mason's "Parochial 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 in- fluences, 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 dangerous illness, 1 — the same disease that terminated his life, after an in- 1 Typhoid Fever. MEMOIR OF JEREMIAH MASON. !<;:, terval 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 recita- tion-room; and here his conscientious 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 cheer- ful seriousness which was hardly less the characteristic of his boyhood than of his riper years. "At the commencement of the summer term of 1829, he entered the fresh- man class at Harvard. Here he assumed and maintained a high rank as a scholar, though with but little ambition for college honors. His aim was to satis- fy his own conscience by the faithful discharge of every duty, rather than to acquire a brilliant reputation. He brought to his classical studies a discrim- inating taste; and in these, as also in metaphysical and moral science, he mani- fested 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 dif- ferent denominations,— Unitarian, Methodist, Baptist, Episcopal,— their teacher at the same time a theological student; and the recitation-hour was often pro- longed 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 con- viction, but with a meekness, gentleness, and modesty which commanded the spect of the whole circle for himself and for the church of which be was the 466 MEMOIR OF JEREMIAH MASON. sole representative among them. The college course, though covering ostensibly nearly the same (449) ground as at present (including, indeed, a larger mini- mum in the mathematical and classical departments), made a much less heavy draft upon the time and labor of a good scholar than it does now; and Mason availed himself of his leisure hours for the perusal of the best authors, par- ticularly 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 Theo- logical Seminary, 'in order to make himself better acquainted with the views of those who differed from the Church, and to be ably versed in the Hebrew language and Biblical learning, 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, Cambridge, but declined the invitation, in order to secure an added period for professional 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 relaxation necessary. His ministry in Salem was eminently success- ful, 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. Suc- ceeding such men as Bishop Griswold and Dr. Vaughan, it was a matter of grateful surprise to them to find him exhibiting, even in youth, so much of the meekness of wisdom that had characterized those beloved rectors.' Assiduous MEMOIR OF JEREMIAH MASON. 467 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 members 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 community. "Domestic reasons, and especially the desire to minister to his father's re- lief and comfort in the growing infirmity of his advanced age, were among his strong inducements 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 (450) in all the region round about. Like the seed-cup blown from the tree, that takes root in adjoining gardens, so the con- stant 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 transplanted, as it were, into other and separate fields, his pastoral culture. In this cure he exerted himself, even to the last, with a consecration of gifts, with an obliviousness of adventitious ad- vantages, with a constancy to his post, with a patient purpose, 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. —31 468 MEMOIR OF JEREMIAH MASON. clear, and faithful preaching, his consistent Christian character, and his judicious and unfailing liberality, made his influence to be widely felt beyond the range of his own parish.' '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 sytematic 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 con- dition of the friendless poor, which is still among the most actively beneficent institutions in our community. 1 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 co-operation of benevolent persons among his parishioners. In 1853 he hired rooms for the reception of these suffering children, and employed a female missionary to aid him in his endeavors to minister 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, (451) rendered him emphatically their minister. At all seasons, and in 1 The Boston Provident Association. MEMOIR OF JEREMIAH MASON. 169 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 for- got not that the preaching of the gospel to the poor was among the foremost of the prophetic designations of the Christian era; and no minister of Christ can ever have laid more solemn and intense emphasis than he did on this es- sential portion of his sacred calling. Nowhere, except in the hearts of his own household, can he have left so long and dear a remembrance 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 thoughtful boyhood, remained unwasted, full, and clear to the very last week of his life; he became young again with 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 rested heavily upon him. Dignity and modesty were so evenly balanced, that we could not say which preponderated. 'Ingenuousness was strongly delineated on his features and manners, and he was utterly incapable of hypocrisy or de- ceit.' The most delicate courtesy governed him in all the relations of life. Hia 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 provocation 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 low- 470 MEMOIR OF JEREMIAH MASON. est 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 mediation. 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 judicial 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 convic- tion; while unreasoning emotion may roll in a torrent today, and be dry tomor- row. His mind thus had a continuous 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 (452) in no eccentricities of speculation or utterance. A severely dis- criminating judgment, conformed to the highest standards, repressed all way- ward tendencies of thought, and made his opinions always worthy of respect and deference. His learning was at once extensive and thorough. A merited testi- mony 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 re- ceived in the same year from Trinity College, Hartford. He was especially con- versant with the writings of the Christian Fathers, and of the early theologians of the English Church. In literature he was most familiar with the best authors, particularly with the ancient classics, and with the English writers of the Elizabethan age. He was greatly interested 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 delibera- MEMOIR OF JEREMIAH MASON. 471 tions of this Society, from whose meetings he was seldom absent, and whose aims had his warm and constant sympathy and furtherance. Several 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 impas- sioned, never dull; rhythmical, pointed; elaborate without being involved; adapt- ed, perhaps, to the eye, rather than to the ear. His aim seemed to be the state- ment 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 present, 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 eloquence, 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 knowledge, 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 in- fluence which made piety beautiful, lovely, and attractive. "Mr. Mason's domestic life, except fdr the shadow of one great grief, was 472 MEMOIR OF JEREMIAH MASON. singularly happy. On the 11th of June, 1837, he married Susanna, daughter of the late Amos (453) Lawrence, with whose family he was already intimately connected. Mrs. Mason closely resembled her father in the traits of character which rendered him unostentatious, as he was one of the truly illustrious men of his time. She made her home happy, and a centre of hospitality and benign- ant influence. With a rare grace, beauty, and attractiveness of mien and man- ner 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 2d of Decem- ber, 1844, leaving three daughters and one son. "On the 9th of August, 1849, Mr. Mason was married to Anna Huntington, daughter 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 successful and honored career of professional and public life. By this mar- riage he had another son and two daughters. Thenceforward few can have had so much enjoyment as he in all domestic and social aspects and relations, 'cloud- ed, it is true, from time to time, by the loss of those most dear.' The death of another brother, and, 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 faith, he worked on under all such bereave- ment 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 MEMOIR OF JEREMIAH MASON. 473 that 'we, with all those departed in the true faith 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 1862, Dr. Mason made a brief and rapid journey to Washington; and returned, as he supposed, suffering under unusual and ex- treme weariness. He, however, seemed to recover from his fatigue, and, after a few days, resumed his duties, apparently in perfect health. But within a few weeks, symptoms of alarming disease were developed, and typhoid fever set in. While his consciousness remained unimpaired, he manifested, under great de- pression 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 dan- ger, — indeed, while his physicians and friends still cherished some hope of his restoration, — he sank into painless dissolution (454) 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. 474 MEMOIR OF JEREMIAH MASON. Alfred, born 15th March, 1850; died 12th February, 1852. Anna Francis, born 18th January, 1852; died 2d November, 1860. 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, 3 Professor of Chemistry in the Massachusetts Institute of Technology, and Mary Elizabeth Crafts. The children of Charges Mason are all living, — Susan, wife of Dr. F. E. Oliver; Amos Lawrence; Sarah, b wife of Dr. Hasket Derby; Mary, wife of Howard Stockton; Anna Sophia Lyman, Charles Jeremiah c and Harriet Sargent Mason. (455) a Prof. James Mason Crafts is a grandson of Jeremiah Mason, and died in June, 1917, in Boston. He materially assisted in the preparation of this repro- duction of this Memoir. b Sarah, Mrs. Dr. Hasket Derby, is now living in Boston and has co-operat- ed in the publication of this edition of Mr. Mason's Memoir. c The Rev. Charles Jeremiah Mason, of Scarsdale, Westchester County, N. Y., is the only grandson of Jeremiah Mason living, and he, also, has con- tributed with the editor of this revision, and assisted in many ways. I N DEX INDEX. Adams, Henry, 212. Adams, John, 30. Adams, John Quincy, 143, 144, 181, 193, 199, 202, 204, 206, 257, 269, 271, 275, 276, 280, Sketch of, 284. Adams, Mrs. John Quincy, 186, 193. Addison, Rev. Mr., 96. Admiralty Jurisdiction, 178, 179-80. Admission at Yale, 7. Admission to Bar, 21. Admission to N. H. Bar, 23. Advice from Friends, 310. Albany, N. Y., 13. Alexandria, Va., 114, 138. Allen, Dr., 114. Ambrister, 304, 306. Amelia Island, 171, 175. Ames, Fisher, 35, 114, 327, 395. Anecodote of Sunday Travel, 417. Anti-Masonic Party, 348. Appleton, Rev. Jesse, D. D., 46, 61, 131, 151, 218, 223. See Letters. Appleton, Mrs. Jesse, 223. Appleton, Mary, 96. Appleton, Nathan, 462. Arbuthnot & Ambrister, 204, 206. Argument in Dartmouth College Case, 166-7. Argument in E. K. Avery Defense, 359-61. Argonaut, The Case of, 304-6. Armstrong, John, 61. Arnold, Benedict, 3. Ashburton, Lord, (Alexander Bar- ing), 356-7. Ashmun, Eli Porter, 184. Atherton, Chas. H., 130, 321, 401. Atkinson, Wm. K., 401. Authors, — vain, 176. Avery, Ephraim K., 359-61. agot, Mr. & Mrs. Chas., 136, 216. Bainbridge, Commodore, 168. Baldwin, Mr. Justice Henry, 319. Baldwin, Simeon, 15, 17, Sketch of, 394. Baltimore City, 99. Bank Bill, 110, 111, 112, 133, 135, 136. Banks & the Currency, 119. Bank of U. S., 121, 201, 206, 208, 209, 222, 313, 436. Bankrupt Bill, 175, 182, 186, 190, 208, 295. Barbour, James, 120, 139, 194, 270, 341, 397. Barry, Mr., 311. Baring, Alexander (Lord Ashbur- ton), 356. Barrington (Great), 13. Barstow, George, 51. Bartlett, Ichabod, Sketch of, 165, 217, 277, 408, 427. Battle of Lexington, 4. Battle of New Orleans, 112, 115. Bass, — fish, 19. Bates, Isaac C, 346. Bayard, James (2nd), 80. Baylies, William, 237. Beccaria, Marquis, 12. Beecher, Henry Ward, 13. Bell, Governor, 211, 296, 298, 301, 321, 331, 401. Bellevue Hospital, 314. Bench, — Independent, 179. Benton, Thos. H., 71, 72, 185, 308. Bentham, Jeremy, 199, 200. Berkshire Hills, 13. Bibb, Geo. M., 185. Bibbs, Wm. W., 121. Biddle, Mr., 317-18. Bigelow, Timothy, 401. Binney, Horace, 317. Biography, of Living, — difficult, 306. 478 INDEX. Blake, Francis, 87. Blake, George, 66, 85, 87. Blake, Mrs. George, 66. Blake, John W., 31, 305, 395. Bladensburg, 138. Blaine, Jas. G., 281. Bledsoe, Jesse, 185. Bliss, George, 237. Bonaparte, Madame, 68, 73, 76, 98. Boston, Seige of, 3. Boston, British retreat from, 5. Boston, population (in 1786), 14, 162. Boston, Provident Ass'n., 468. Boston, Town Meeting, 33. Bowdoin College, 46. Bradley, Stephen Rowe, 17, 19, 21, 395. Branch Bank of Portsmouth, 313, 436. Brattleborough, 31. Brick School House, 6, 37. British West Indies, 261. Brookline, 168. Brooks, Governor, 181, 204, 205, 240. Brown, Gen'l., 91. Cabinet Appointments, 143, 145, 291. ^ Calhoun, John C, 58, 121, 189, Sketch of, 258, State's Rights, 259, 269, 271, 275, 295, 352. Calvert, Mr., 138. Cambridge College, 24. Campbell, Hon. G. W., 57, 83, 120, 178. Candidate for Senate, 287. Capture of Washington City, 91-2. Carpenter, Matt H., 370. Carr, Dabney, 40. Case of the Argonaut, 304, 306, 309. Case of De Lovio v. Boit et al, 179. Case of La Jeune Eugenie, 253, 256. Castlereagh, Lord, 19. Catechism, 6. Cathcart, Lord, 188. Cato, 379. Champney, Judge, 23. Chancery Jurisdiction of N. H. Sup- reme Court, 247-8. Channing, Tutor, 8, 9. Channing, Wm. E., 352. Chapin, Rev. Dr., 12. Charges against W. H. Crawford, 283. Charles River Bridge Case, 325, 327. Charlestown, 27. Chase, Dudley, 121. Chatham, Lord (Elder Wm. Pitt), 115. Chauncey, Mr. and Mrs., 66. Cheever, Dr., 455. Cheshire, 22. Cheves, Landon, 58. Chipman, Nathaniel, 22. Choate, Joseph H., 13. Choate, Rufus, 66, 115, 212, 257, 258, 336, 357, Sketch of, 370; on Mason, 387. Choice of a Profession, 12, 13. Church Home for Orphans & Desti- tute Children, 446, 468. Circuit Courts of U. S., 178, 293-4. Clarke, John J., 374. Clay, Henry, 58, 75, 121, 139, 143, 165, 169, 172, 183, 193, 235, 257, 270, 276, Sketch of, 281-2, 291, 348, 353. Cleveland, Prof., 453, 457. Clinton, DeWitt, 174, 234, 268, 269, 291, 331. Coffin, Dr., 49, 441. Cohen v. Virginia, 326. Coleman, William, 31, 143, 395. College Rebellion, 11. Columbia River, 215. Committee Labors, 63, 242, 248. Common Pleas, 21, 23, 24, 39. Compensation of Members of Con- gress, 123, 132-3. Composition, Benefits of, 196. Compromise, — Move Slow in, 175. Comstock, Oliver C, 105. Conduct of Causes, 377-8. • Conscription, Speech on, 100. Conversational Powers, 338. Copperthwaite, Mr., 313. INDEX. 479 Cornell, Sarah M., 359-61. Correspondence in Declining Life, 341. Courts of U. S., 273. Cox, Jacob D., 375. Crabbe, Mr., 297. Crafts, James Mason, 41, 474. Crafts, Royal A., 474. Crawford, W. H., 128, 134, 143, Sketch of, 145, 157, 172, 173, 251, 269, 275, 278, 283, 291. Crittenden, John J., 194. Cromwell, Oliver, 1. Crownshield, Benj. W., 187. Curtis, Benj. R., 336. Curtis, Geo. T., 99, 336, 372, 387. Cushing, Caleb, 64. Cushman, Samuel, 348, 353. Cutts, Hon. Chas., 51, 53, 97. Cutts, Chas. (Secretary of Senate), 97. Cutts, Edward, 97. Cutter, Chas. W., 409. Haggett, David, 120, 167, 174-6, " Sketch of, 184, 397. Dallas, 117. Dallas, Lord Chief Justice, 272. Dartmouth College v. Woodward, 112, 162, 214, 216, 217. Dartmouth College, 255. Dates — unessential to remember, 176. Daveis, C. S., 309. Dean, Oliver H., Introduction, Dearborn, General, 80. Death, D. Webster, on Ezekiel Web- ster's, 282-3. Death, J. Mason, on Mrs. D. Web- ster's, 304-5. Death, J. Mason, on Louisa Story's, 323-4. Death, Geo. Ticknor, on J. Mason's, 420. Death, Chas. Sumner, on J. Mason's, 421. Death, W. Plumer, Jr., on J. Mason's, 422. Death, Edward Everett, on J. Mason's, 423. Death, J. Mason, on Dr. Jesse Apple- ton's, 223. Death of Robt. Means Lawrence, 359. Death of Alfred Mason, 313. Death of George Mason, 441. Death of Jas. Jeremiah Mason, 349. Death of D. Webster's Children, 362. Death of Judge Story's Daughter, 323. Decatur, Mr., 348, 353. Dedication by Judge Story, 418. Delafield, Dr., 445, 460. De Lovio v. Boit, et al, 179. Democratic Nomination of President, 133, 134. Democratic party, 91, 120-1, 134, 238,' 316. Dennie, Joseph, 29, 395. Derby, Dr. Hasket, 474. Detroit City, 268. Devil,— Malice of, 176. Dexter, Samuel, 40, 114, Sketch of, 129, 213, 327, 336, 401. Diary of Mary Mason, 359, 363-4, 447- 52. Dinsmoor, Samuel, 288. Discomforts of Travel, 53, 55, 67. Dissatisfaction, 35. Dissolution of Union, 87. Dorchester Heights, 3. Duer, Judge, 267. Dunning, John (Lord Ashburton), 115. Duvall, Judge Gabriel, 216. Eagle Tavern, Albany, 13. Early Education, 5. Eastman, Nemiah, 288. Education of Children, 77-8, 131-2. Edwards, Jonathan, 13, 16. Edwards, Ninian, 283. Edwards, Pierpont, 12, 16. Election to Legislature, 238. Election to U. S. Senate, 52. 480 INDEX. Elba, 98. Eldon, Lord (John Scott), 267, 272, 400. Ellis, Rev. G. E., 37. Ellison, Commodore Francis B., 473. Ely, Dr., 7. Ely, Rev. Ezra Stiles, 38. Ely, Rev. Zebulon, 37. Embargo Act, 69, 72, 77. Emerson, R. W., 375. Eminence as a Lawyer, 367-8. Emmett, Thos. A., 213. England, 349-50. English People, 271. English Sentiment, 79. Enters Simeon Baldwin's Office, 15. Eppes, John W., 58, 121, 194, 257. Errors of Massachusetts, 240, 241. Erskine, Thomas, 115, 370. Euclid, Study of, 127. Eulogy of Alfred Mason, 455-61. Eustis, Dr., 264. Everett, Edward, Sketch of, 346, 423. Tales, Stephen, 53", 59, 82, 111, 461. Family and Descendants, 437-8. Family in 1817, 161. Family Influence, 151. Fanueil Hall, 33. Farm, Mason on "till fourteen years of age," 5. Farm at Westmoreland, 22, 23, 26. "Farmer's Museum," 30. "Fas est ab hoste doceri," 391. Father, 2, 3, 9, 392. Federal Party, 50, 51, 53, 61, 121, 143, 151, 174, 191, 205, 264, 276, 301, 379-80. Female Education, 94. "Fiat justitia mat coelum," 194. "Field Marshal of Federal Editors," (Hamilton), 31. First Cause Argued and Won, 19. First Speech in Senate, 59. Fish, — half fish and half woman, 236. Fiske, John, 331-2. Fitch, Elizabeth, 393. Fitch, James, 2, 13, 359, 392. Fitch, Mrs., 6, 7. Fitch, Tutor (President), 11. Fletcher, Richard, 336, 387, 408. Florida, 210, 212, 214, 234. Foreign Politics, 189, 191-2. Foote, Samuel, 319. Fourteenth Congress, 120, 138. Forsythe, John, 58, 121, 191. Fox, Chas. James, 115, 391. Frances Case, 212. Francis, Sarah Allen, 473. Franklin, Benjamin, 62. Freeman, Peyton Randolph, 434. Freemasons, 24. French Language, 94. Freshman at Yale, 8-9. Friendship with Mr. Webster, 41-2. Friendships of Early Life, 129. Tallatin, Albert, 62, 71, 81, 82, 210, U 297. Gallison Report, 178. Gambling, 27. Garfield, Jas. A., 236. Garrison, William Lloyd, 64. Gaston, William, 121. Geometry, 127. George III, 163. Gerry, Elbridge, 50, Sketch of, 59, 104, 265. Ghent, 93, 102, 356. Gibbon, Edward, 29, 355. Gibbons v. Ogden, 112, 276, 326. . Gibson, John B., 319. Giles, Mr., 35. Giles, William B., 18, 57, 69, 83, 100, 110, 226. Gilman, Governor, 33. Gilman, Hon. Nicholas, 50, 53. Girard, Stephen (Will Case), 113. Gloom, — face of, 176. Goddard, Dr. John, 52, 126. INDEX. 481 Goldsborough, Robt. H., 186, 217, 397. Goodrich, Chas. B., 434. Goodrich, S. G., 212. Gore, Christopher, 57, 73, 76, 85, 100, 117, 120, 140, 151, 167, 206, 341, 388, 397. See Letters. Gore, Mrs. Christopher, 213. Goshen, Land in, 2, 392. Government, 102. Grandfather, maternal, 2. Grandfather, paternal, 1. Grant, U. S., 375. Grant, Sir William, 400. Gray, Governor, 168. Gray, John Chipman, 40. "Great American Lawyers," 326-7. Great Barrington, 13. Greek, Study of, 7, 8. Greeks, The, 275. Greeley, Horace, 236. "Green Bag," 277. Greenfield, 27. Green, Duff, 320. Griffin, Rev. Dr., 49. Habit of Asking Questions, 338-9, ** 361, 430. Habits of Life, 161. Hackett, W. H. Y., 288. Hale, Mr., 345. Halifax, 332. Hall, Judge Lot, 19. Hall, Joseph, 33. Hamilton, Alexander, 14, 31, 76, 114. Hanover, 164. Hardwicke, Lord (Philip Yorke) 267, 400. Harper, Mr., 120, 141. Harrison, General, 65, 70, 88-9, 121, 157, 351. Hartford Convention, 103, 155, 182, 231, 233, 264, 321. Harvey, Judge, 322. Haven, Nat A., Jr., 279, 280, 281. Hawthorne, Nathaniel, 13. Hayne, Robt. Y., 129. Hazing, 8. Henson, Alexander C, 141. Hermitage, 20::. Hildreth's History U. S., '.»:». Hill, Isaac, 298, 310, 331, 344, 363. Hillard, Geo. S., 338. See Preface. "Historical & Literary Essays/' 831-2. Hoar, E. Rockwell, Sketch of. 375. Hoar, Geo. F., 370. Hobart, Bishop, 65. Holland, 49. Holmes, John, 174, 192, Sketch of, 193. Holmes, Oliver W., Dr., 375. Hopkinson, Joseph, 121, 216. Horr, R. G, 236. House at Portsmouth, 161. "House of Seven Gables," 13. Hubbard, Mr., 331, 336, 344. Humility, 430-1. Hunt, Samuel, 395. Hunter, Mr., 397. Ideas, 176, 196. Importance of Good Handwriting, 125. Importance of Religion to Women, 108. Impressions of Washington, D. C, 60. "Inchiquin," (Chas. J. Ingersoll), 185. Inclination to the Law, 12. Independence in Journalism, 236. Independence in Politics, 236. Independence, Mo., 215. Indians, 227. Ingalls, John J., 62. Ingersoll, Chas. J., 58, 185. Insurance Co. v. Dunham, 179. Internal Revenue, 175. Isle of Shoals, 90. Jacobs, Mr., 395. Jackson, Andrew, 199. Sketch of, 202, 205, 208, 275, 331. Jackson's Court Martial, 202, 204, 206, 208, 217. 482 INDEX. Jackson's Debate, 208. Jackson, Judge, 213, 265, 271. Jay's Treaty, 33, 35, 231. Jefferson, Thomas, 50, 51, 60, 68, 167, 242, 281, 417. "Jingle of Two Pennies," 176. Johnson, Judge William, 216. Johnson, Samuel, 337. Jones, Judge, 114. Journey to Rhineland, 448. Journey to Washington, 53-4. Judicial Power of U. S., 176, 183, 248-9, 262, 273. Judiciary Establishment, 179-80. Judiciary of N. H., 242. Justices' Courts, 19, 20. Ifansas, State of, 62. ** Kennedy, John P., 40. Kennedy, John P., 40. Kent, Amos, 401. Kent, James, 14, 165, 255, 266, 336, 416. Kentucky Horse Act, 140. King Lear, 337. King, Rufus, 57, 58, 73, 76, 83, 85, 98, 104, 106, 118, 120, 121, 130, 140, 151, 167, 186, 229, 293, 341, 388, 397. See Letters. King, Mrs. Rufus, 218. Kirby, Ephriam, 35. Knapp Murder Case, 114. Kyle, James H., 258. I add, Mr. A., 111. La Jeune Eugenie Case, 253. Lansing, Chancellor, 14. Last Illness, 363-4. Latin, 7, 10. Law, Devoted to, 150. Law, What it is (Burr), 176. Law, Reports, 254. Law School of Judge Reeve, 13. Law Trials in New Haven, 12. Law Club, 361. Lawyers in Conn., 16. Lawyers in Vt., 17. Lawyers, Mason's Contemporaries, 336. Lawrence, Abbott, Sketch of, 330, 334, 355. Lawrence, Amos, Sketch of, 334, 343, 359. Lawrence, W. R., 424-6. "Lay Preacher, The," (Joseph Den- nie), 30. Lear, Colonel and Mrs., 10.7. Lebanon, 37, 38, 392. Lebanon, First Parish, 7. Lee, Gov. Henry, 32, 37, 395. Legare, Hugh S., Sketch of, 355. Legislature and the Courts, 25-6. Letters from — Rev. Jesse Appleton, D. D., 218-26. David Daggett, 174-6. Edward Everett, 423-4. Chas. B. Goodrich, 434-7. Christopher Gore, 117, 153, 168, 191, 204, 226, 228, 240, 277. Rufus King, 118, 155, 169, 173, 197, 200, 208, 214, 233, 235, 241, 263, 283, 294. Wm. R. Lawrence, 424. Chas. G. Loring, 361. Rev. J. H. Morison, 427. Prof. A. S. Packard, 421. William Plumer, Jr., 422. Rev. J. S. Stone, 432. Joseph Story, 178, 256, 299, 307, 322, 323, 324, 325, 326, 353. Charles Sumner, 421. George Ticknor, 355, 420. Daniel Webster, 207, 211, 216, 217, 221, 237, 239, 251, 259, 268, 270, 275, 281, 284, 291, 292, 294, 296, 298, 310, 313, 318, 321, 330, 344, 345, 348, 353, 356, 357, 362. Letters to — Rev. Jesse Appleton, D. D., 46, 61, 69, 78, 86, 101, 158, 168, 220. INDEX. -k; Mrs. Jesse Appleton, 223. Christopher Gore, 142, 144, 152, 172, 183, 190, 204, 227, 229, 231, 264. Rufus King, 140, 152, 154, 170, 181, 194, 199, 201, 206, 218, 225, 232, 238, 261, 280, 293. James J. Mason, 146. Members of Mr. Mason's Family after his death, 420. Miss Mary E. Mason, 94, 95, 108, 114, 125, 127, 141, 145, 196. Mrs. Jeremiah Mason, 53, 55, 56, 58, 59, 64, 65, 67, 68, 72, 73, 74, 75, 77, 81, 83, 84, 85, 86, 89, 92, 93, 94, 95, 96, 97, 98, 99, 100, 104, 105, 107, 108, 109, 110, 111, 113, 115, 116, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 420, 421, 422, 423. R. M. Mason, 424, 427, 432, 434. William Plumer, 147. Joseph Story, 177, 179, 222, 224, 252, 253, 266, 267, 278, 300, 306, 309, 323, 326. George Ticknor, 349, 354. Daniel Webster, 272, 279, 301, 302, 304, 311, 319, 321, 328, 341, 345, 356. Lewis, William Draper, 326-7. Lexington, 4. Litchfield, 13. "Little Magician," (M. VanBuren), 331. Livermore, Arthur, 278, 401. Livermore, Judge Edward St. Joe, 36, 278, 400. Livingston, Brockholst, 216. Livingston, Edward, 311. Livingston, Robert L., 73, 331. Livy, 379. Lodge, Henry Cabot, 258. Lord, Dr. John, 112. Lord, John P., 43-5. Loring, Charles G., 336, 361-2, 370. —32 Lowell, James R., 375. Lowndes, Wm., 58, 121, 157, 217. jyicCulloch v. Maryland, 326. " l McLean, John, 58, 121, 291, 347. McMaster, John B., 13, 212. Macon, Nathaniel, 120, 309, Sketch of, 434. Madison, Dolly, 68, 73, 92, 96, 133. Madison, James, 11, 50, 57, 68, 69, 80, 96, 103, 167, 168. Mansfield, Lord (William Murray), 115 March, Charles, 455. Marriage, 40. Marsh, Charles, 17, 130. Marsh, Judge, 17. Marsh, Miss, 83. Marshall, John, 30, 112, 114, 166-7, 299, 306. Mason, Alfred, 125, 127, 146, 313, 441, 453-61. Character, 460-1. Education, 453-5. Eulogy, by Dr. Cheever, 455-61. Medical Studies, 454. Partiality for Natural Science, 453, 456. Sickness and Death, 441, 454-5, 461. Mason, Alfred (2nd), 474. Mason, Amos Lawrence, 474. Mason, Anna Francis, 474. Mason, Anna Sophia, 474. Mason, Rev. Charles, D. D., 94, 334, 363, 364, 441, 448, 464, 474. College Course, 464-5. Domestic Life, 472. Early Education, 464. Hebrew Class, 465. Labors and Influence in Boston, 467-9. Mental Action, 470. Rector of Grace Church, Boston, 467. Rector of St. Peter's Church, Sa- lem, 466. 484 INDEX. Sickness and Death, 473. Sunny Temper, 469. Theological Studies, 466, 470. Mason, Mrs. Charles, 448, 472. Mason, Charles Jeremiah, 474. Mason, Clara Thorndike, 474. Mason, Daniel, 37. Mason, Ellen Francis, 474. Mason, General (of Va.), 75. Mason, George Means, 98, 110, 221, 268, 365, 440. College Course, 441-2. Death, 443. Early Studies, 441. Legal Studies, 442. Mental Character, 443. Mason, Harriet Sargent, 474. Mason, Ida Means, 474. Mason, James Fitch, 3, 6. Mason, James Jeremiah, 94, 108, 125, 127, 146, 334, 349, 441, 453. Character, 463. Commences Business in Boston, 461-2. Death, 349, 463. Early Education, 461-2. House of J. W. Paige & Co., 462. Marriage, 463. Removal to N. Y., 462. Mason, Miss Jane, 94, 110, 131, 251, 309, 474. Mason, Jeremiah (nephew), 3. Mason, Colonel Jeremiah, 2. Mason, Deacon Jeremiah, 1. Mason, Captain John, 1, 37, 227, 392. Mason, Jonathan, 182. Mason, Marianne, 474. Mason, Mary, 474. Mason, Mary Elizabeth, 93, 98, 106, 108, 110, 135, 251, 309, 358, 363, 441 443-53. See Letter^. Character, 444-6. Devotion to her Father, 445. Diary, 444-52. Moral and Spiritual Growth, 445. Obituary, 452-3. Mason, Mrs., 143, 309, 323, 326, 352, 437. See Letters. Mason, Robert Means, 94, 108, 424, 427, 432, 434, 473. Mason, Mrs. R. M., 473. Mason, Sarah, 474. Mason, Susan, 474. Mason, Jeremiah, Main Events in his Career — Excelled in Latin, 10. Excelled in Mathematics, 10. Proficient in Debate, 10. Deficient in English, 10. Examples, "two first," 10. Graduated from Yale, 11. "Capital Punishment," theme at Yale, 12. How induced to study Law, 12. Father opposed the study of Law, 12. Clothes — Home-made, 12. Goes to Albany to start in Law, 13. Studies with Simeon Baldwin, 15. Justice Court Practice, 20. Admission to Vt. Bar, 21. Admission to N. H. Bar, 23. Buys Farm and Law-Practice, 23. Commences Law at age of twenty- three, 23. Number of Cases in early prac- tice, 24. Takes in two Students, 24. Determined to argue all cases, 25. "The Pig Case," 25. Moves to Walpole, 27. Goes to Virginia in land case, 32. Meets Geo. Washington, 32. Advised by Burr to Settle in Al- bany, 36. Removes to Portsmouth in 1797, 39. Close student of the Law, 39. Marries Mary Means, 1799, 40. Attorney-General of N. H., 40. INDEX. 4sr> Meets D. Webster, first time, 41. Contrasted with Webster, 42. In U. S. Senate in 1813, 43. Methods of Office Work, 43-5. Elected U. S. Senator, 52. On Senate Committees, 62-3. Advice on Educating Children, 77-8. Against "Salary-Grab," 132-3. Deplores long Congressional Ses- sions, 138. Paintings at Bladensburg, Md., 138. Congressmen should travel, 138. Mrs. Mason passes winter of 1816- 17 in Washington, 139. Thought in 1816 Federalists would become extinct, 143. Favors Female Education, 145. Refused Chief Justiceship of N. H. Supreme Court, 147. Resigns from U. S. Senate, 150. Reasons therefor, 150, 154, 158. Why he located in Portsmouth rather than Boston, 159. Method of Traveling Circuit, 162. Engages in Dartmouth College Case, 162-7. Points made: 1. Legislative Act, not within Scope of Legislature. 2. Against Constitution of N. H. 3. Against Constitution of U. S., 166. Chosen to State Legislature, 242. Defeated for U. S. Senate in 1824, 288-9. Marshall's Opinions, lauded, 306. Advises Webster to Remain in Sen- ate, 311. Pres. U. S. Branch Bank, at Ports- mouth, 314. Refused to Deliver Books of Bank, 317. Removes to Boston, 1832, 333. Reasons therefor, 334. Not Popular, sarcastic, outspoken. 335. Wife — gentle, sympathetic, kind, 335. Law cases where found, .'!.;7. Geo. S. Hillard, First meets, 338- 41. Suggests law to Judge Parsons, 340. Story Dedicates his Equity Plead- ings to, 353-4. Retires from Practice at 70, 354. Had never thought whether Rev. E. K. Avery was guilty, or not, 361. Questioned by R. I. Lawyer, 361. Invited to become member of Law Club by Chas. G. Loring, 361-2. Closing Year, 363-6. Hillard's Characterization, 366-84. Bust by Clevenger, 367. Large Head, 367. Always a lawyer; never a judge, 367. Tried Avery case at 65 years of age, 367. Judge lives in opinions; lawyer in memory and tradition, 368. Declined Chief Justiceship of N. H., 368. Perhaps greatest lawyer who ever practiced in New England, 368. Great lawyers differ in character- istics — like painters, 368. Mason's Superiority defined, 3(>> Used plain language, 371. Unfrocked Quaker, 372. "If you ask that question for etc.," 372. Cross-Examination, methods of, 373. Assisted John J. Clarke, Reminis- cence, 374. Tilt with E. R. Hoar, 374-5. Master Conversationalist rather 486 INDEX. than of Books, 379. Of decided religious convictions, 380. Divine power seen in eclipse, 382. Webster's estimate of Mason 20 years before his death, 383. This estimate not changed at death, 384, 390, 405. Milton on Fame, 384. Mason's Mother, perfection of kindness, 393. Oration at Yale — greatest pleas- ure of Mason's life, 393. Read Law with Simeon Baldwin, 394. Characteristics of his mind: great- ness, strength and sagacity, 399. Profoundly religious, 402. "Dropped like fruit into his moth- er's lap," (Milton), 405. Judge Shaw: "Characterized by strength, energy and far-reach- ing sagacity," 406. Judge Woodbury: "Choice for- ensic speaker," 408-409. Chas. W. Cutter: "Greatest mas- ter of common law on this con- tinent." Judge Porter on Mason, 410-12. Ruf us Choate : "Modest — wiser than most men," 413. E. R. Hoar: "An intellectual treat to meet — Judge John Marshall considered him the greatest master of common law in this country," 414. "Franklin & Hamilton — the great- est men U. S. has produced," said Mason, 416. Traveling on the Lord's Day, 418. Judge Story: "Had ability and depth and variety of learning, which had few equals," 419. Geo. Ticknor: "No one too wise to seek his counsel; was trust- ed and dependable," 420. Chas. Summer: "Grieved for what we have lost; but thankful that we have had such a great man in our midst," 422. W. Plumer, Jr. : "If he had moved to Boston and Practiced in U. S. Supreme Court, would have been first lawyer in the land," 422. Edward Everett: "A commenda- tion he made in my youth, sank into my heart," 423. Rev. J. H. Morison commends, 427-32. Rev. J. S. Stone's Letter, 432-3. Chas. B. Goodrich's Letter, 434-7. Mason's Family and Descendants, 437-74. Massachusetts Claim, 205. Massachusetts Convention, 251-2. Massachusetts Legislature, 87. Mead, Rev. Mr., 75-6. Meade, Richard W., 186. Means, Miss Mary, 40. Means, Colonel Robert, 40. Member of Legislature of N. H., 238, 242, 248-9, 287. Mercer, Charles F., 184. Method of Cross-Examination, 373-8. Missouri Slave Question, 225, 228, 232, 235-6, 238, 240-2. Monroe, James, 133, 134, 143, 151, 152, 155, 156-7, 193. Cabinet, 187. Successor, 181. Moore, Colonel, 22, 23, 27. Morison, Rev. J. H., 427-32. Morrill, David L., 185, 295. Mother, 2, 4, 393. Motion to Reduce Army, 139. Mr. Monroe's Drawing Room, 175, 185-6. Murray, Wm. (Lord Mansfield), 115. INDEX. 1^7 Maraes, — Unessential to Remember, " 176. Narragansett Indians, 1. Navigation Act, 195, 197, 198, 200, 263. Negotiations at Ghent, 93, 102. Neilson, Joseph, ("Choate's Mem- oirs"), 370. Nelson, Mr. Justice, 331. Nereide Case, 212. Neutrality, 236. Newburyport, 64, 162. Newcastle, 90. Newcomb, Judge, 25. New Fane, 21. New Hampshire — Disparaged by A. Burr, 36. Extolled as to its Statesmen, by Rantoul, 408. Judiciary, 197-8. Resolutions, 325. State of, 22. New Organization of U. S. Courts, 177, 178, 179-80. New Orleans, 115. Newton, Sir Isaac, 112. New York City, Population in 1786, 14. De Witt Clinton, Mayor of, 174. New York State — Early Prejudice Against, 15. Nottingham, Lord, (Heneage Finch) 267. Numbers — Mere Numerals (some- times), 236. Abituary of Mary E. Mason, 452. " Offered Chief Justiceship of N. H., 147. Ogden v. Saunders, 113. Ohio Resolutions, 249. Olcott, Simon, 50, 237, 249, 395. Old School New England Clergymen, 38. Oliver, Dr. F. E., 474. Onis, Don, 195, 210, 212, 214. Osborn v. U. S. Bank, 248. Otis, Harrison Gray, 169, 174, Sketch of, 182, 213, 230, 233, 237, 264, 278. Otis, James, 182. Our Government, 78. Packard, Prof. A. S., 421. * Paige, Mr., 302. Paige, J. W. & Co., 334, 462. Paine, Thomas, 192. Panama Question, 295. Paper Bank, 118. Parker, Edward G., 257-8, 337. Parker, Nahum, 50, 51. Parrott, John F., 225, 238, 278, 288. Parsons, Theophilus, 40, 64, 114, 129, 340, 379, 401; Father of, 38. Parties — must be, 236. Parton, James, 258, 259, 260. Payne, Edward, 226. Payne, William, 226. Payson, Miss, 95. Peabody, Rev. A. P., 464. Peace Society, 340. Pennsylvania, 62. Pequot War, 37, 227. Perkins, Tutor, 10, 11. Personal Appearance, 367. Personal Religion, 219, 220-1. Phelps, Oliver, 32. Philadelphia, 14, 92, 99. Pickering, Timothy, 30, 121. Pickering, William, 317, 436. Pickering's Reports, 337. Pierce, General Franklin, 295, 310, 412. Pierrepont, Dr., 454, 457. "Pig Action," 25. Pinckney, Charles Cotesworth, 50. Pinkney, William, 115, 121, 124, 193, 207, Sketch of, 212, 256. Pinkney's Embassy to Naples, 193, 195. Plagiarism, 29. 488 INDEX. Plowden's Commentaries, 29. Plumer, Sir T., 272. Plumer, Hon. William, 50, 147, 163, 278-9. Plumer, William, Jr., 288, 401, 422. Politics of N. H., 50, 53. Political Opinions, 52, 379-80. Political Prospects, 172. Political Prospects in England, 349- 50. Pope, N. F., 297. Pope, Nathaniel, 185. Porter, Judge John, 297, 410. "Portfolio," (By Jos. Dennie), 30. Portland City, 162, 169. Portsmouth, 36, 158-61, 333, 396, 439. Portsmouth Fire, 74. Potter, Dr. Horatio, 364. Presence of Mind, 429. Poverty after Revolution, 16. Prescott, William, 371." President Monroe, in Boston, 152-3, 156. President Monroe, in New York, 156- 7. President Monroe, at Portsmouth, 158. President Monroe, Journey, 155-60, 168-9. President of Branch Bank at Ports- mouth, 314. Presidential Candidates, 257-8, 263, 275, 280, 284, 309, 346, 348, 351. Prince of Wales' Motto, 188. Proceedings upon Mr. Mason's Death: Circuit Court of U. S., 407. Court Common Pleas, Portsmouth, 409-10. The Merrimack Co. Bar, 412. The Rockingham Bar, 409. The Suffolk Bar, 387-8. Supreme Court of Mass., 390. Professional Journeys, 162. Professional Life in Boston, 335-6. Professional Success, 40. Public Affairs in 1813, 61, 63. Putnam, Judge, 362. Q uincy, Josiah, 58, 231, 277. Quintilian, 394. Dand, Mr., 336. ** Randolph, John, 121, 124, 127, 277. Rantoul, Robt, Jr., Sketch of, 407, 408. Reading, 176. Reasons for Resigning from Senate, 150, 152. Re-election to N. H. Legislature, 248. Reeve, Judge, 13. Religious Character, 380-1, 402, 431-2. Religion, Importance of, 78, 108, 219, 220, 402. Remarks on the Autobiography, 37-8. Reminiscences by Francis Bassett, 415. Reminiscences by Mr. Lord, 43. Removal to Boston, 333. Removal to Portsmouth, 36. Replevin, — True Doctrine of, 254. Report on Manufactures, 328. Report on Ohio Resolutions, 248. Report on Virginia Resolutions, 242. Reporting all Becided Cases, — harm- ful, 254. Republican Party, 50, 163, 287. Resignation of Judge Sherburne, 278. Resigns U. S. Senatorship, 155. Resumes Professional Life, 158. Retirement from Active Practice, 354. Revolutionary Officers and Soldiers, 197. Revolutionary War, 3. Rhinelander, Dr. and Mrs., 448. Rhodes, James Ford, 212, 280-1, 375. Rhode Island Case, 114. Richards, Chief Baron, 272. Richardson, Chief Justice, 435. Richelieu, 232. Rocket — "Up Like; Down Like Stick," 192. Rockingham Memorial, 51. INDEX. 4S!I Rush, Richard, 157, 199, 200, 235. Russell, Jonathan, 60. Russell, Tutor Talcott, 10. Russia, 191. Oabbath, 7, 39. ^ Sage, Rev. Mr., 18. Salem, 162. San Francisco, 215. Sargent, Mrs., 124. Saybrook Platform, 15. Scarlett, James, (Lord Abinger), 371. Scene in a Court-Room, 374. Scharon Springs, 451. School, 7, 14. Schouler, James, 60, 284-5. Still,, Major, 14, 15. Scott, Jas. Brown, 267. Scott, John (Lord Eldon), 448. Scott, Sir Walter, 338. Scott, Wm. (Lord Stowell), 210, 253. Scott, Gen. Winfield, 91. Scriptures, 176. Seamen, 76. Sedgwick, Judge, 13. Senior at Yale, 11. Sergeant, John, 121, 317. Settles in Practice, 23. Seventy-Sixth Birthday, 1. Shaw, Lemuel, 336, 405-7. Sheafe, James, 275. Shepard's Life of Van Buren, 332. Sherburne, Judge, 278, 279. Sherman, Roger, 15, 16, Sketch of, 165. Shirley, John M., 165. Smith, Adam, 259. Smith, General, 233, 234. Smith, James, 199. Smithsonian Institution, 199. Smith, Jeremiah, 36, 40, Sketch of, 114, 165, 396, 401. Smith, Robert, 71. Smith, Sam., 169. Social Life in Portsmouth, 159. South American Question, 188. Southard, Samuel Lewis, 291. Spain, 186. Sparks, Jared, 212. Sparks, W. H., 258. Spear, Miss, 73, 76. Speech on Conscriptive Bill, 99, 103. Speech on Constitutional Amendment, 123. Speech on Embargo Bill, 72, 77. Sprague, Peleg, 401. Springfield, 54. Standing at College, 10, 11. State's Rights, 259-61, 262. Steamboat Case, 276. Sterne, Lawrence, 29. Stiles, President, 8, 11. Stockbridge, 13. Stockton, Howard, 474. Stockton, Julia, 277. Stone, Rev. Dr., 12. Stone, Rev. J. S., 432. Story's Equity Pleadings, 353. Story, Joseph, 40, 167, 177, 212, 216, Sketch of, 256, Opinion of Mason, 256, 306, Life and Letters, 327, 334, 401, 416, 428. See Lett Story, Mrs. Jos., 266, 299, 309, 323, 325. Stowe, Mr., 6. Stowell, Lord (Wm. Scott), 272. Students at Law, 24. Studies Law, 15. Sullivan, Geo., Sketch of, 165, 213, 231, 401, 408, 427. Sumner, Charles, 340, 421. Supreme Court of U. S., 253, 262, 272. Surviving Children, 473-4. Swan, Mr., 214. Swift, Jonathan (Dean), 185. Tait, Judge Charles, 185, 186. 1 Talbot, Isham, 185. Talleyrand, 50. Taney, Roger B., 212, 336, 347. Tariff, 281, 328-9. Taylor, John, 104, 242. mi 490 INDEX. Taylor, Zachary, 182. Tazewell, Littleton W., 260, 275, 308. Texas, Webster on, 215. "They Say," 176. Thirteenth Congress, 53, 57, 58. Thirteenth Congress, 2nd Session, 62. Thirteenth Congress, 3rd Session, 91. Thompson, Thos. W., 185, 234, 235, 401. Thorndyke, Elizabeth Francis, 463. Thorndyke, Mr., 313. Thurston, Win, 24. Ticknor, George, 161, 212, 305, 334, 338, 349, 354, 355, 420. Ticknor, George, "Life and Letters," 212, 372-3. Tisdale, Master, 6, 393. "Today— Wait Till Tomorrow," 176. Tomkins, Daniel D., 71, 234, 235. Treasury Department, Resolutions Respecting, 82, 83. Treaty of Peace, 115, 116. Treaty with Spain, 210, 211, 214. Tributes to Mr. Mason by Hon. Samuel D. Bell, 412. Rufus Choate, 377, 413. E. Rockwell Hoar, 414. Ira Perley, Esq., 412. Hon. John Porter, 410. Robt. Rantoul, Jr., 407-8. Chief Justice Shaw, 405. Daniel Webster, 390. Judge Levi Woodbury, 265, 408. Todd, Judge, 268. Tristram Shandy, 29. Troup, Geo. M., 58. Trover, action of, 164. Troy, New City of, 14. Trumbull Family, 38. Trumbull (the elder), 6, 7. Turreau, M., 71. Tyler, John, 121, 356. Tyler, Royal, 30, 31, 395. ITncas, the Indian Sachem, 3, 37, 227, U 392. Union, 87. Upham, General, 320, 321. U. S. Senate, 56, 61, 70. U. S., in Insurance Co. v. Durham, 179. U. S. v. Rice, 216. U. S. Supreme Court, 274, 306. Usury & Usury Laws, 46-9. Uan Buren, Martin, Sketch of, 331, " 344, 347, 351. Varnum, Joseph Bradley, 123. Vermont — land grants, 16. Mason settles there in practice, 17. , Emigration from Conn., 17. Bar of, 21. State of, 17, 18, 21-2. Vicar of Bray, 182. Vinton, Rev. A. H., 366. Virginia Land Agency, 32, 35. Virginia Resolutions, 228, 235, 238, 239, 241, 242, 243-8. Visit to Mr. Ticknor, 354, 355. UTalbach, Colonel, 74. " Walbach, Mrs., 74. Waldo, Daniel, 10. Walpole, 19, 27. Waltham, 168. War of 1812, 51, 53, 63, 90, 91, 101, 266. Ware, Dr., 364, 365. Warren, Dr., 302. Washington, Bushrod, 34, 216. Washington City, 67. Washington, George, 32, 34, 395. Webster, Daniel, 36, 39, 41, 42, 51, 53, 56, 58, 74, 75, 105, Sketch of, 112, 129, 161, 165, 212, 215, 238, 258, 279, 287, 302, 307, 370, 371, 372, 390-405, 408, 415, 429. See Letters. INDEX. 491 Webster, Mrs. D., 74, 143, 277, 283, 286, 302, 318. Webster's Dartmouth College Argu- ment, 166. Webster's Discourse on Adams and Jefferson, 300. Webster's Estimate of Mason, 382-4, 396-400. Webster's Report on Compensation Law, 142. Webster, Edward, 362. Webster, Ezekiel, Sketch of, 292. Wellington, Duke of (Arthur Welles- ley), 136. West, Benjamin, 23, 25, 27, 395, 400. West, The, 215. Westminster, Vt., 17, 19, 20. Westmoreland, N. H., 22. Wheaton, Henry, 310. Wheelock, Eleazor, 162. Wheelock, John, 163. White, Hugh L., 347, 351. Whitfield, George, 64. Whiting, Judge, 13. Whiting, Mrs., 13. Whiting, Sam, 13. Widow's Society, 446. Wilde, Mr. Justice, 374. Wilde, Richard, of Ga., 121. Williams, Henry, 310. Williams, John, 186. Williamson College, 11. Windsor, Vt, 27. Wirt, Wm, 39, 112, 187, 211, 212, Sketch of, 257, 291. Wiscasset, 162. Wolcott, Oliver, 236. Woodbury, Levi, Sketch of, 265, 288, 289, 317, 321, 344, 408-9. Wood's Hole, 354-5. Woodward, Wm. H., 164. Woodworth, Classmate, 14. Woolen Manufactures, 328-9, 341-3. Wraxall's Memoirs, 124. "Writs of Right," 434. 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