MiitMiiMiaiWli»»#»wai »ii i u, i r.iiv,iir , i;- i i ^».- V """"P .-~^- r . n . -irtumrifriiiiMii mi ^LIBRARY OF CONGRESS.! \ Cdfy Z j j UNITED STATES OT'aMKRICA. { ////■////// fc, St. , , . i M.mv]>!, j. niljrnso, '"• *-• iTvS'iSi -"" " 1y MEMORIAL ADDRESSES Life and Chaf^actef^ Michael Crawford Kerr, (SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES,) DELIVERED IN THE HOUSE OF REPRESENTATIVES DECEMBER iC, 1876, AND IN THE SENATE FEBRUARY 27, 1877. PUBLISHED BY ORDER OF CONGRESS. Up **. o turn. WASH I NGTON: GOVERNMENT PRINTING OFFICE. 1877. \^ot=~l J- Lgv- AN ACT to authorize the printing and distribution of the memorial addresses on the life and character of the late Michael C. Kerr, Speaker of the House uf Representatives. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That twelve thousand copies of the memorial addresses on the life and character of the late Michael C. Kerr, Speaker of the House of Representatives, be printed, three thousand copies for the use of the Senate and nine thousand copies for the use of the House of Representatives ; and that the Secretary of the Treasury have engraved and printed the portrait of Mr. Kerr to accompany the same, for which the sum of five hundred dollars or so much thereof as may be necessary is hereby appropriated out of any moneys in the Treasury not otherwise appropriated. Approved March I, 1S77. ADDRESSES Death of Michael C. Kerr. PROCEEDINGS IN THE HOUSE. Tuesday, December 5, 1876. Mr. Andrew H. Hamilton, by unanimous consent, submitted the following resolution, viz: Resolved, That the special order for Saturday, December, 16, at one o'clock, shall be the presentation of suitable resolutions on the death of Hon. M. C. Kerr, Speaker of this House during its last session, and the expression by the members of the esteem in which he was held for his unblemished character, for his eminent services as a Representative, and for his ability and impartiality as a presiding officer. The resolution was unanimously adopted. Saturday, December 16, 1876. The hour of one o'clock p. m. having arrived, the House, under its previous order, proceeded to pay the last honors to the memory of Hon. Michael C. Kerr, late a Representative from the State of Indiana, and Speaker of this House. OBSEQUIES OF HON. MICHAEL C. KERR. Mr. Hamilton, of Indiana. Mr. Speaker, I rise for the purpose of submitting resolutions of respect to the memory of our late ADDRESS OF MR. HAMILTON ON THE Speaker; and I ask that the resolution introduced by me, making these memorial services a special order for to-day at one o'clock, be read. The Clerk read as follows : Resolved, That the special order for Saturday, December 16, at one o'clock, shall be the presentation of suitable resolutions on the death of Hon. M. C. Kerr, Speaker of this House during its last session, and the expression by the members of the esteem in which he was held for his unblemished character, for his eminent services as a Representative, and for his ability and impartiality as a presiding officer. Address of Mr. Hamilton, of Indiana. Mr. Speaker: Michael C. Kerr was born at Titusville, in the State of Pennsylvania, March 15, 1827. When he was twenty-five years of age he entered upon the practice of the law in the city of New Albany, Indiana. At twenty-seven, he was city attorney; at twenty-eight, prosecuting attorney of Floyd County; at twenty-nine, took his seat in the legislature of Indiana ; at thirty-five, was the ofli( ial reporter of the supreme court of that State and edited five volumes of its reports; at thirty-seven, was elected to the Thirty- ninth Congress of the United States, and was afterward elected to the Fortieth, Forty-first, Forty-second, and Forty-fourth. He died the Speaker of the House, at seven o'clock and thirty minutes p. m., on the ujtli day of August, A. 1). 1876, at Rockbridge Alum Springs, in the State ot Virginia, at the age of forty-nine years, five months, and lour days. Sui h is the brief record of one who, for twenty-two years — nearly a quarter of a century — had been selected by the people among whom In- lived to hold important trusts. Ai each step of his career he firmly established his looting, so that LIFE AND CHARACTER OF MICHAEL C. KERR. 5 it was easy to ascend. Scarcely had he been ready to surrender an office, when one more prominent was tendered him. So well did he discharge the duties assigned him, so exemplary was his conduct, that the people of his district delighted to honor him. His home was in a portion of the State which was early settled, on the Ohio River, the highway of travel. He was surrounded by able men, yet he was selected to be the recipient of such honors as the voters of his own and adjoining counties could bestow. When he was the democratic candidate for Congress in 1S72 for the State at large, he was defeated by only 162 votes, while the other democratic candi- dates on the State ticket, with the single exception of Thomas A. Hendricks for governor, were defeated by majorities ranging from 533 to 2,568; and in the November election following, General Grant's majority was 22,507. Yet he was not one who could have been called a popular man. He was not all things to all men. With a will of iron, he never could have been bent from his convic- tions of duty. Place and power would have been too dearly bought by even the slightest concession. He obtained the offices which he filled by the confidence which was felt in his integrity, so convinced was every one that under no circumstances would he ever sacrifice his personal purity, the people's interests, or his country's honor. In his campaigns he was earnest, but nor" impassioned. He appealed to the judgment, not to the prejudices, of his audience. A candidate for the Forty-fourth Congress, differing from the greater portion of his constituents, who were members of the same party, on the finan- cial question, he would not compromise. He made his contest squarely on that issue. Though he did not carry his district by its full democratic strength, yet he was elected by a majority of over 1,500; many of those who opposed his financial views were so firmly convinced of his integrity and so proud of his record, that they cast their votes for him ; and yet he was opposed by a man who had achieved a State reputation, and who, up to that time, had stood ADDRESS OF MR. HAMILTON ON THE among the foremost men of the demoaatic party in that portion of Indiana. Mr. Kerr took his seat for the first time in the Thirty-ninth Con- gress. He early obtained a prominent position, and not only main- tained it. but also advanced his reputation year by year. During the sessions when he stood upon the floor of the House he was with the minority. It was during stormy periods; but even in themidst of debate he commanded the respect of all, and yet he was at times severe and denunciatory. As the presiding officer, he was calm, dignified, ami impartial. What he might have been as the Speaker, had he been in perfect health, can be easily determined by what he was when worn to a shadow, with disease preying upon his vitals, and torture rending his frame. With the exception of a lack of breath and a countenance which told of suffering, there was nothing in his manner, as a pre- siding officer, of the invalid whose life hung upon a thread; there was none of the irritability which usually accompanies the disease that is incurable. Mr. Kerr was a partisan; I mean by a "partisan" one who does not swerve from the views and principles which are promulgated by those connected with him in a political organization, but on the con- trary, with unflinching tenacity, clings to them and advocates them ; carries out those measures which advances them, and endeavors with boldness and energy to place his party in power — yet, as "The Speaker," he knew neither friend nor foe, he recognized only the individual rights of the members and parliamentary law. Themoi ,l power, unstained honor, true faith in pure motives, unswerving devo- tion t<> principle, unsullied patriotism is, as the combination of genius and talent or genius educated ill the mental organization, an inhe- rent i har.it teristic, edui ated and increased 1>\ the man himself, which places him upon an elevation from whit h it were not possible for him to descend. This power Mr. Kerr possessed. LIFE AND CHARACTER OF MICHAEL C. KERR. 7 During all the years of his public service, not a breath of suspicion was ever directed toward him until a baseless charge was brought to offset charges against other public men — a charge so unfounded and unsupported that even his political opponents blushed for their con- nection with it. His intense energy sustained him during that most extraordinary trial. When the accusation came, he asked no post- ponement on account of ill-health. Raising himself from what his friends knew to be his dying-bed, his strong will overcame his illness, put temporary life and vigor into his emaciated and tottering frame, and bore him calm and dignified before the committee and his accuser, where he demonstrated the utter falsity of the charge. When the negative man dies there is no muffled bell tolling in the heart of the people. He is like the worm ; a part may be cut off and crushed, but each of the hundred other parts has a similar life, which still continues. But when the man of positive character — of high sense of public duty and a will to carry out at all hazards his con- victions — is taken away, there is a feeling that a vacancy has been created which cannot be filled, not that a piece of the long body of humanity has been cut off and that the rest can crawl along as well without it. Michael C. Kerr could have led a forlorn hope. He could have breasted popular opinions and gone to the stake a martyr to his principles. At any time the death of a pure man, an upright statesman, occa- sions a blank which it is difficult to fill. But in an age like this, when a deviation from public probity is looked upon as a slight affair, when public men who have soiled their hands oftentimes, instead of being denounced have been indorsed by the people, then the loss of a man who has no defilement on his person, nor a stain upon his gar- ments, is irreparable. Years have passed, and years to come may sleep among the by-gones, and the student not be able to find a more per- fect parallel to Andrew Marvel, in his firmness and decision of char- acter and in his pure and lofty patriotism, than is afforded by the life ADDRESS OK MK. HAMILTON ON THE of Michael C. Kerr. Immaculate he stands out, a tall palm-tree in the moral desert of the age, gladdening the heart of humanity, a cheer- ing evidence that the wells of political probity and public honesty have not all dried up. The distinguished member of this House from Massachusetts, in the Senate Chamber, arraigned the public men of the day for their dishonesty and corruption. How gratifying it must be to an Ameri- can to turn from the picture he draws to the name [nomen chimin) of Michael C. Kerr on the monument in a cemetery of the State which has reason to be proud of the example it has given to the country of unimpeachable integrity. The resistance Mr. Kerr made to the advance of the disease which was to terminate his existence; the determination to occupy his place in this House in spite of the ravages n^de upon his system ; the manner in which he endured physical and mental torture, was mar- velous. He demonstrated that he had learned — Life's hardest lesson — without groan To suffer and endure. The final summons came. The response was not merely the calm "adsum" but also the " semper para/us" of the man who felt that his life had been unspotted, and who had used well the talent which had been intrusted to him. As— The 'lays lay down their brightness, And bathing in splendor die, SO MlCHAEL C, KLeRR went to his rest, surrounded by a halo of moral beauty, followed to the tomb by the regrets of the entire nation, and li ti behind a name synonymous with public probity and public honor. lie has done the work of a true man ; 1 rown him, honor him, love him: Weep over him tears of woman; e linn ! LIFE AND CHARACTER OF MICHAEL C. KERR. ^DDRESS OF JAR. JCeLLEY, OF PENNSYLVANIA. Mr. Speaker: The sudden death of a strong man in the vigor of early manhood fills his companions with awe and constrains the strongest and most youthful of them to pause and consider how frail may be his tenure of life. We all remember the thrill that ran through the House when, near the close of the last session of Con- gress, the local telegraph brought us notice of the instant death of that magnificent specimen of manhood, Hon. E. Y. Parsons, of Ken- tucky, whose manly beauty had commanded our admiration, and whose conversation, pregnant with intelligence, wit, and humor, had charmed some of us but a little hour before. The death of Hon. Michael C. Kerr was not sudden. We had all seen from day to day, or week to week, the fatal inroads disease was making on his always slender frame. In his case we saw how high purposes and overmastering will could hold death at bay; for common consent denied him three months of life from the day on which he entered upon his duties as Speaker of the House; yet it was not until after the close of an unusually long session that in the presence of his wife and only child, a son in whom he hoped his virtues would live, he welcomed death as release from pain, and with serene cour- age passed to the unknown. I first met Mr. Kerr when he entered the Thirty-ninth Congress, but years elapsed before I came to know him intimately. Indeed, until we were associated on the Committee of Ways and Means of the Forty-second Congress I had felt that we should never know each other well. Starting from almost any given stand-point in the investi- gation of public questions, such were our instincts or had been our early training, that we traveled in diverging lines and rested in op- posite conclusions. 2 K ADDRESS OF MR. KELLEY ON THE He seemed to me to have little special fitness for public life. He not only never attempted the arts of the demagogue, but loathed them in his inmost soul. Social life, other than the charmed circle which graced lus home, seemed to offer him no attraction. His conversation was grave, and rarely, if ever, sparkled with wit or was softened by a stroke of humor. His tendencies were evidently not toward the ex- citement of public life. He loved his profession — the law — the labors of which were congenial to his tastes, and when he sought honor at the hands of his fellow-citizens it was in the line of that profession; thus, though admitted to practice in 1852, he was elected city attorney by the people of New Albany in 1854; in the next year the citizens of Floyd County promoted him to the office of prosecuting attorney, and in 1862 the legislature elected him reporter of the supreme court of Indiana, which office he filled till elected to the Thirty-ninth Con- gress. The fidelity and ability with which he performed the duties of this office is attested by the esteem in which the five volumes of reports that bear his name are held by the profession. During his service on the Committee of Ways and Means the impression I express was confirmed by the fact that he was ever ready, though his strength was even then much impaired by disease, to give special study to any question referred to the committee which involved legal intri- cacies or nice judicial consideration. I can recall several such cases, and remember that in reporting his judgment in each of them it was the jurist and not the politician who spoke. I am sure that all our colleagues on that committee will confirm my judgment on this point. \nly this may be said, from competent medical authority, that rarely has one of our rare been gifted with such a tenacity of life. He lived after his pulse i eased to beat. This fa< t may serve what to account for the positiveness of his purposes in life and the i his intellect inclined. He was a democrat on principles fixed by his. studies and philos- ophy, 1 was about to say, by his religion. Yet (as has been truly said) he was avei se to the rough cm ounters of the hustings. It was LIFE AND CHARACTER OF MICHAEL C. KERR. 39 difficult to induce him to speak outside of "his neighborhood. Once in New York he promised to talk for five minutes to my friends, but when on his feet, and with an audience sympathizing with his free- trade ideas, he held the audience for two hours in one great plea for his favorite liberalities of commerce and against the mercenary in- equalities of protection. These were his favorite themes to illustrate his general political ideas. They were to him an enthusiastic senti- ment — his principle of action. He traveled abroad to study them. He came to Congress to give them vigor and effect. He was averse to the crowd. When writing to him about my pro tempore visit to the great exposition, he expressed his regret that he did not see the grand engine and its wonderful ramifications of har- nessed forces; but at the same time he said that he shrank from such throngs like the sensitive plant before the human touch. Yet his political thoughts were ever "broad, based upon the people's will." His dissection of the questions growing out of reconstruction and the southern ballot, which had been to him a special study, shows the ultimate scorn of a mind utterly hating fraud and the lofty patriot who reverenced all sections and respected all rights. It is said that the spectroscope reveals that there is a star which burns gold for its illumination. By a wonderful coincidence it is the distant star Alde- baran, far off in the group of Hyades, which the Rosicrucians, who sought to transmute all metals into gold, worshiped. That star was their fateful genius for inspiration and alchemy. Not less precious to him than if it were a star of gold was each State, distinct in indi- viduality and like to each other in a common right, interest, and des- tiny, whether shining near or afar! O, that God would raise up for our instruction and guidance other men of the same exalted type of American manhood — men as just, other haters of corruption as earnest, other tribunes of the people as peerless and fearless, and other statesmen as lofty and pure in patri- otic devotion ! When, sir, I perceive the emblem of mourning over 40 ADDRESS OF MR. COX ON THE the seat he so lately occupied, shrouding our ensign, the omen is sadly portentous and painfully suggestive. Were he with us in this hour of our solicitude, I know, sir, that he would not fail with cour- ageous counsel. He would revive the heroism of that parliamentary band, before which royal prerogatives cowered, when before the priv- ilege of the Commons and its stanch Speakers the bills of right of a free people were made paramount to the thunders of the throne ! His fame was not quenched by death — only his opportunity. It was said by Theodore Parker of Samuel Adams that he was not in one sense a Christian man, but one of Plutarch's men. So was Michael C. Kerr. His human worth can only be reckoned by the gravity of his loss to us in this perilous and anxious trial for the stability and genius of the Government. If liberty through his death has lost from this hall of the people one of her purest devotees; if liberty, like Algernon Sydney, must go to the scaffold, yet from the scaffold she will ascend to another sphere where there is a better code of jus- tice and right; and there in that realm, who will give her less stinted welcome than the immortal spirit of Michael ('. Kerr! Tuder such patriotic thoughts as were his, still surviving death, our country may cease from its passionate discord. Then peace will bind our States as sheaves are bound in the harvesting, season after season, till the latest generation. You, Mr. Speaker, and ye who are your brothers in these exalted trusts, ye who have the keeping of this bruised and broken land, can ye not all rise under the admonition of such a life as our late Speaker lived into a higher sense of duty and a more self-sacrificing patriotism? Can we not encompass our be- loved land around witli a wall of fire that will not burn, but guard ? Shall we not do this before its grave yawns; that grave "here there is no work, nor knowledge, nor >1 leagues does not recall that clear, ringing voice of his in clarion tones denouncing what he deemed corrupt and pernicious legis- lation? As a presiding officer, though emaciated and feeble physi- cally, he gave evidence of being equal t<> anj « ho had pin eded him, always commanding the high respect, confidence, and admiration of the whole House irrespective of party. He had the high purpose, the firm resolve, and dauntless courage of a statesman of the highest order. With him the blandishments of power had no influence; he yielded neither to its behests nor was allured by its trappings. While he had the very highest respect for the voice of the people constitutionally expressed, he heeded not the frowns of the infuriated mob goaded on by designing demagogues. He never crooked " the pregnant hinges of the knee where thrift may follow fawning." His aims were unselfish, his hands were clean, his life was pure and full of the tenderest affection for a noble and loving wife and a fond and obedient son. But he is no more. He has been called to his long home. His labors on earth are closed. His voice will no more be heard in these Halls. His last remains lie buried beneath the soil of his adopted State, Indiana. No more shall we meet his tall, manly form and be permitted to grasp his unsoiled hand. He will no more go in and out before us. But may we all meet him again in that better land, on that "great day for which all other days were made, for which earth sprang from chaos, man from earth, and God from eternity." Addp^ess of Mr, Knott, op Kentucky. It may be considered a work of supererogation on my part, Mr. Speaker, to offer a single remark in addition to what has already been so eloquently said by other gentlemen on the present melancholy occasion, yet there are certain circumstances which will perhaps excuse me, if indeed they do not render it peculiarly appropriate that I should beg the brief indulgence of the House at this time, not for the vain purpose of attempting to express my own private grief fir the death of our lamented Speaker — for at the tomb of a loved and honored friend the anguish of genuine friendship can find no voice — but that I may contribute my assistance, feeble as it may be, in ins tallizing in the history of the country to whose service he dedicated the best years of his life some of the evidences of his merits derived from long and intimate personal association. It was in the midst of one of the most refined and cultivated com- munities in the district 1 now have the honor to represent upon this floor that Mr. Kkkk first stepped upon the arena of active manhood. Ii was at the beautiful little town of Bloomfield, in the State of Kentucky, that he laid the foundation of his subsequent career of usefulness and honor while engaged as a faithful, earnest, and efficient instructor of youth. There in the intervals of his arduous duties as a teacher, which others might have devoted to idleness and pleasure, he mastered the fundamental principles of jurisprudence and political philosophy with which in after life, both as a lawyer and a statesman, he showed himself so remarkably familiar. There his indefatigable energy, his indomitable will, his unwearying industry, and, above all. his immaculate integrity, are still held up for the emulation of the aspiring youth who, in the face of penury and misfortune, would achieve an honorable distinction among his fellow-men. There those striking traits of a manly character which distinguished him through life, and which have already been so happily portrayed by the elo- quent gentlemen who have preceded me, won for him the confidence, the respect, and the affections of a large circle of warm-hearted erous friends, who, sympathizing in all his laudable aspirations and proud of his well-earned success, delighted to do him honor when he- had struggled far up the rugged steeps of a justly-merited fame. Of his early friends at Bloomfield he delighted to --peak in terms of the most affectionate remembrance, and I have heard him fre- quently remark that the happiest, proudest moment of his lit when they welcomed him back in their midst after years of absence, LIFE AND CHARACTER OF MICHAEL C. KERR. 55 to a grand ovation to which they had invited him just after his last election to Congress. My own personal acquaintance with Mr. Kerr began in July, 1867, when I met him for the first time on the floor of this House, as a member of the Fortieth Congress. A variety of circumstances soon brought us into frequent, intimate, and confidential intercourse with each other, and afforded me the most favorable opportunities of becoming familiarly acquainted with one of the most admirable char- acters with which I have ever come in contact ; a character which perhaps but few have ever fully appreciated in all its excellence, because but few have studied it from the same stand-point and under similar circumstances to those I was so fortunate as to enjoy. The most remarkable trait in that character, indeed the key to Mr. Kerr's whole life, public and private, was his unswerving, unfalter- ing, inflexible fealty to Truth under all cirenmstances and upon all occasions whatever. In the light of that single fact, every act and utterance of his public and private career should be viewed. It was this that led him to act in everything upon the maxim of Aristotle, that incredulity is the source of all wisdom — to take nothing for granted, but to satisfy himself by actual investigation of the real foun- dation as well as the ultimate conclusion of every proposition upon whatever subject that might be submitted to his mind. Hence resulted those habits of indefatigable labor, careful analysis, patient research, profound meditation, and deliberate utterance, for which he was so distinguished. It was this same devotion to the truth as he understood it that gave him the reputation among some who had not made a careful analysis of his character, of being unduly obstinate in the maintenance of his own opinions. His was truly a firmness that would have led him to a martyr's stake; but it was a firmness resulting from a conviction of duty and not from any mere false pride of opinion. It was this same fealty to truth that made him the very impersonation of personal honor and official integrity. Slow, and at 56 ADDRESS OF - MR. KNOTT ON THE times apparently timid in arriving at his conclusions, reaching them usually after patient and laborious investigation, and ever impelled by an inexorable sense of duty, none of the blandishments of flattery, no allurement of place, or power, or fame, no threat of defeat or unpopularity, no influence of mere private friendship could swerve him a hair's breadth from the right as he understood it, or deter him from the honest, outspoken expression of his own fixed opinions. There was but one possible way to move him, and that was to con- vince him of his error, and when convinced no one was ever more ready to confess or retract his mistake. It was this same fidelity to truth which infused into his oratory that peculiar fervor and energy i if expression which frequently characterized it, not only in stating his deliberately-conceived opinions, but when indulging, as he sometimes did, in flashes of fierce invective when his indignation was aroused by the detection of falsehood or hypocrisy; for whatever was false, or fraudulent, or in any wise deceptive, his innate love of truth led him to despise with an intensity almost beyond the reach of expri And finally, sir, it was owing to his fealty to truth that some were led into the strangest of all possible misconceptions of his character. There were those who regardeil him as a singularly cold, unfriendly man, while the truth was a truer, warmer, tenderer heart, or one more loyal to its friends, never beat in human bosom. Me scorned, from the very depths of his soul, the arts of flattery and dissimulation, and had the manly courage, so rare, so difficult to find, to remind his friends plainly, candidly, and truthfully of their faults. I '.ut, sir, 1 will not abuse your patience by a further analysis of the character of our dead Speaker, [t Stands out amid those of his com peers, a Doric column, symmetrical in its solidity, beautiful in the utter . Of all meretricious ornament, and immaculate in the material of which it was reared, leu like it illustrate the annals of LIFE AND CHARACTER OF MICHAEL C. KERR. 57 ytDDi^Ess of Mft Vance, op Ohio. Mr. Speaker : In rising to-day to give utterance to my feelings of personal bereavement, I feel — as one does not often feel on occa- sions of this character — that the loss of one is the loss of all. In giving this feeble token of my grief that we no longer have Michael (". Kerr of Indiana in our midst, I but utter what every patriotic citizen of his State and our country must feel : that our grief is no common grief, our loss no common loss, and that it will be long ere the void made by the death of our lamented Speaker will again be filled by such a man as he. When a man by the resolute force of his own invincible character attains exalted station, and is charged with the performance of important public functions — and that, too, at a time when circumstances seem such that considerations of party fealty are likely to determine the choice in favor of those who have earned recognition by partisan services, rather than that the prize should be adjudged to unostentatious merit — his removal by the hand of death is a circumstance so unfortunate as to arouse the sympa- thies of even the hardest of hearts. To be denied the light of his counsel and the encouragement of his voice is a deprivation of no ordinary magnitude ; a national calamity that all must deplore. Although my acquaintance with the late Speaker was formed dur- ing the latter years of his life, yet familiarity with his many excellent qualities depended not upon the length of time one was thrown in con- tact with him. To appreciate the manly, genial, and conciliatory turn of his mind, one has but to glance at his conduct during the organization of the present House ; to know his worth and truly appre- ciate the most exalted phases of his character, one should be of the number of those who originally had some other preference for the Speakership. But from whatever stand-point one studies him, whether 8 K 5« ADDRESS OF MR. VANCE ON THE as .1 supporter or as an opponent, the honest observer must acknowl- edge the stability and rectitude of his character, the firmness of his purpose, and the geniality of his heart. The trying flame of physical suffering only seemed to bring forth more brilliantly the golden treas- ures of his judgment. With a rich and varied experience, such as seems essential for a truthful knowledge of human nature, he was placed in the Speaker's chair at a time when his public career was seemingly opening before him a wide field of usefulness. The sad story of his physical decline and untimely death is written in indeli- ble characters in the hearts of every one who during the last session saw the almost superhuman exertions he made to appear in the chair of the House and perform his trying duties — duties that had he been in ordinary health would have weighed upon him as a straw upon the arm of a giant. Who, were the power granted him, would willingly enter into the secret thoughts of the strong man, struck with mortal disease, con- scious of his infirmity, aware of its nature, and knowing only too well its inevitable end ? The evils of life tell all of us that there are call- ings among the occupations of men which bring those who assume their duties into contact with sickness and distress, to whom such sad stories are among the daily incidents of life. A cultivated mind, and the consciousness of ability to mitigate suffering and alleviate anxiety, may be some compensation for the strain to which human feeling is subjected; but who, I again ask, not of those professions, would willingly enter into the secret thoughts of one conscious of his rapidly approaching end, and share with the sufferer the terrible dis- tress which must arise when he sees the dark, unknown future rap idl) drawing upon him, soon doomed to separate him from the pres ent, with all its cares, all its responsibilities ? To one in robust health tin though) even is replete with pain. How great, then, must have been the fortitude, the power of resisting suffering, and the ability to banish thought of sell in our late Speaker during all those long, LIFE AND CHARACTER OF MICHAEL C. KERR. 59 weary days when, borne down by disease and racked with pain, he still persisted in performing the duties of his office ? Nothing but an abiding sense of the importance of the task devolved upon him, and a deep consciousness that it was better for him to persevere and die in performance of his duty, rather than shrink from its execu tion, kept him at his post at a time when all were conscious that he was wearing away his life. At a time and under circumstances when almost any other man would have dismissed thought of public cares from his mind and devoted attention to himself, Mr. Kerr knew no other course than that which inspired him to let all else go, and abide by the demands of that country to whose service he had already devoted many of the best years of his life. The result we all know. Many men have fallen martyrs on the field of battle. To Michael C. Kerr it was reserved to offer his life and his all on the altar of his country, unanimated by the clamor of contest or the shock of battle — a martyr to conviction — one who died for his country in giving her those services she stood so much in need of. Address of Mr Philips, of yVlissout^i. Mr. Speaker: The voice of Missouri ought not to be silent on an occasion like this. As a part of the Louisiana Territory acquired from France, Missouri was first under the pupilage of Governor Har- rison, of Indiana. The civil polity of her local institutions was thus impressed upon the very childhood of Missouri. Her brave and hardy yeomanry came with those of Kentucky as the pioneers who penetrated the wilds of the western bank of the Mississippi and hushed the shout of the red man, felled the forests, and blazed out the pathways for the coming legions of civilization. Allied by his- tory and tradition, recounting the perils, privations, and achieve- ments of a common ancestry, when Indiana presented the name of her distinguished citizen for the Speakership of this Congress, Mis- souri had neither prejudice nor jealousy to overcome in yielding him her support. She has cause to mourn his loss, and lays claim to a share in the glory of his name and fame as a part of her rightful heritage. It is no purpose or province of mine to review his life. That office belongs to those who knew him best. Nor shall I offend his memory by fulsome eulogy. Nothing could have been more distasteful to him when living. '-Paint me as I am," said Oliver Cromwell, while sit- ting to young Lely. "If you leave out the scars and wrinkles I will not pay you a shilling." Such would be the request of Mr. Kerr, could he now speak to us. He was always averse to display. He despised shams of all sorts. His character was real. Mere idealism and speculation found no place in a mind occupied and surcharged with the realities <>t actual life. Rugged in thought and severe in habit, the world regarded him as austere and cold. Drawn into that isolation unavoidable to the professional man and close student, he was esteemed unsocial. He was eminently a man of convictions. He had no model. He investigated and thought for himself. He hung not in the midair of hesitancy or doubt, but always reached a conclusion. He grappled with his subject and mastered it. Hence his convictions iwi visionary or momentary. They were of the conscieni e acting through the judgment, and were abiding. He never yielded a principle for mere expediency. He never abandoned the right for success. He did not believe with Shakespeare in applyil I against vice;" but he believed rather with Hobbes, thai craft is "crooked \\ i-.m : a sign of pusillanimity." Mere polii \ in affairs of state he regarded often the abandonmcnl of the field of justice and patriotism for a triumph empt) and short-lived, He i arried n tcealed d and while he courted no unnecessary contests he shrank not from the open field and an equal sword. During the heated discussion had on this floor last session over the question of the surrender of Hallet Kilbourn to the District court, I met Speaker Kerr near the door to the left of his chair and said to him: "What do you think of the policy of sending Kilbourn to the court and leaving the responsibility of the judgment of the court with the republican party?" With nervous emphasis he instantly replied : "It will not do at all. This matter involves one of the important constitutional prerogatives of this House. To yield it would be to place ourselves in the just contempt of the country and to confess our imbecility." We are told by naturalists that birds of paradise fly swiftest against the wind. While the contrary winds serve to display the brightness of their plumage, in drifting behind them their gorgeous train of feathers, they gather strength as their flight is entangled with the gale. So with some men, the stormy day is better for their mental qualities than the calm. Mr. Kerr's congressional career was amid scenes of almost revolutionary excitement ; when political virtue and constitutional principles were subjected to unexampled tests. It was a time that tried men's souls, and how few withstood the test ! It was the development of Mr. Kerr. It aroused the latent fires of his soul, and with undaunted courage he stood in the forefront of the battle for constitutional liberty which he conceived to be imperiled. On the ramparts of the Constitution he stood the sleep- less, intrepid sentinel. Like the chivalric Henry V on the field of Agincourt, charging the chafing, desperate Duke of Alencon, he led the serried little band on this side of the House with a skill and cour- age that extorted applause from even those who were impaled by his unyielding lance. Mr. Speaker, the true heroes of this world are not always recog- nized. The devotion of the deluded fakirs as they mangle their ADDRESS OF MR. PHILIPS ON THE bodies and practice all manner of austerities, the reckless daring of the fireman, the animal courage of the soldier, fail not to win the applause of the common herd of men. But there is a moral heroism of man in adhering to duty and the right, in breasting the storm of popular opinion under circumstances of intimidation and temptation, of which the world takes little note, but is as grand and glorious as martyrdom itself. In these days of moral cowardice, of mock joust- ings and tourney-loving masses of political hacks; of the men "of mint and anise and cumin;" of empiricism and social and political shoddyism, when counterfeit pretension passes for the pure coin of solid merit and brazen impudence challenges public confidence, and admiration even, such men as Michael C. Kerr, who lifted against these tawdry trappings of a vicious age the blazing buckler of a more Heroic epoch, are a nation's glory and the people's hope. He was not what the world commonly calls a genius. Rut if genius be defined the faculty of appreciation, he has claims to the coveted gift. He certainly appreciated "the eternal fitness of things." He spoke without ornamentation, directly to the pending issue, with a depth of earnestness and stress of emphasis that convinced if it did not charm. He seems to have adopted the motto of Somers, "Pro- desse quam conspici." He never dropped the iron links of argument for the gossamer threads of rhetoric. If he failed in the glamour of an exuberant fancy, or seldom touched the deeper chords of impas- sioned eloquence, he at times glowed like the furnace in which the richer material is separated from the dross and better fitted for the uses of the world. It he was imperious in opinion, he was not an unreasonable dogmatist. If he was austere in manner and reserved in intercourse, he was no demagogue nor fawning sycophant. Idiosyncrasies and prejudices he may have had, but he never betrayed a trust, deceived or deserted a friend. Mi. Kick was a man of inexorable honesty. His. active public lj through a period of excessive vice, of shameless profligacy, LIFE AND CHARACTER OF MICHAEL C. KKRR. 63 and unblushing corruption; yet perhaps no man living or dead kept his official garments purer. No stain is on them. No unclean thing ever touched his ermine. No serpent's trail crossed his path. No cloud of dishonor shadows his grave. When amid the season just passed, of intense party rancor, there were found those who dared attempt to asperse the unsullied name of this exalted citizen, the instinctive chivalry of the whole Amer- ican people rebelled against the foul imputation. It was during this saddest hour of the night of his life I saw him most and learned the stuff he was made of. Prior to this his friends saw the danger to his life by his continued labor in the public service ; but he seemed to have adopted the sentiment of the Roman patriot, Necesse ut earn non ut vivam. When his integrity was assailed his determination was fixed to die with his harness on. What a spectacle that was! Disease had marked him as a victim and had him in its toils. The angel of death had kissed his wan cheeks and left the hectic flush there. The voice, one utterance of which was once a command to silence and attention to listening Congresses and multitudes, was broken and gone. His palsied limbs refused longer to bear the burden of even his emaciated body. He was almost a disembodied spirit. There was left to him his indomitable will, which seemed to refuse submission to the dominion of death. Sensible of his danger, and sensitive of his honor — the best legacy he had to bequeath to wife and child — yet conscious of his utter helplessness and dependence, he felt the breath of political intrigue and slander amid the very ice of death gathering on his face. "How living and how deep the wound" of such assault! Like a giant pricked and thrust by the barbed arrows of pigmies, he writhed, not afraid to die, but craving only to live to see the hour of his vindication. That hour came even though the messenger of death waited without. 64 ADDRESS OF MR. PHILIPS ON THE With my good friend, the honorable member from Kentucky. [ Mr. Blackburn,] I called at his sick chamber to express my sympathy and offer my congratulations. It was our last interview. His eyes, in which the fires of genius yet gleamed as if inextinguishable, spoke the emotions of a heart too full for utterance. The long, earnest pressure of the hand once so warm, but now almost cold with the touch of death, I shall never forget. We, young and ardent, filled to overflowing with indignation at the wretch who had attempted to swear away the good name of this man, as busily as the two men of Belial swore away the life of Xaboth, suggested that he be prosecuted and punished for perjury. With voice broken with intervals of difficult respiration he said, "O, no; that poor creature is unworthy of my hate. To his conscience and God we'll leave him. I am in no condition for further excitement. I would not disturb the good feeling and harmony in the House over my unanimous vindication by pursuing the matter into the courts." What an illustration that was of his staid judgment, his lofty spirit, and undisturbed equipoise! On his tomb could be fitly written, as a tribute to the quality of his mind, Mens aequa in arduis. His star of life sunk ere yet it had reached its full promise, Snatched all too early from lint august fame Thai on tin- serene heights "I silvered age Waited with laureled hands. Hut though life was sweet and luring, yet he so died that nothing in his life "became him like the leaving it." In the old State of Virginia, the home and resting-place of his great political mentor, Thomas Jefferson, under the ceaseless vigils of wife and son and the benisons of tin- whole Republic, he passed to tin- land beyond the sea. LIFE AND CHARACTER OF MICHAEL C. KERR. 65 ^DDR^ESS OF yW.R. pARR, OF INDIANA. Mr. Speaker : Standing within the saddening shadows which have fallen upon this floor from the broad wings of the angel of death, who has so recently and so unwelcomely hovered over this stately Hall, and amid the flood of silent sorrows which pour in upon us on this mournful occasion, it is with great depression of spirits that I essay a discharge of the solemn duty I, in common with you all, owe the distinguished dead whose last funeral rites we perform to-day ; but coming into this Hall as I do to fill the seat upon this floor made vacant by his untimely death, and from the large constituency which have so often loved to honor him while living and who revere his memory when dead, it were eminently proper that I, in my own be- half and for them, should add my assent to and express our approval of the many eloquent but truthful eulogies that have been placed, like fragrant immortelles, upon the casket of his glorious memory. For the first time in the history of our Government has the organi- zation of the House of Representatives been disturbed and its mem- bers saddened by the death of its presiding officer. Though often, far too often, the cold hand of that ever-unwelcome visitor has be en laid upon the prominent of its honored members, for the first time has he stalked silently and remorselessly across this floor, ascended to that exalted chair, and stricken with his chilling and killing blow the head of this great national council ; and this fact should give a more serious current to our train of thought on this unusual occasion. Michael C. Kerr was a native of Titusville, Pennsylvania, where he was born on the 15th of March, 1827. His parents were people in moderate circumstances, and of that old, sturdy Pennsylvania stock whose children may be found scattered in every section of the coun- try, giving life and vitality to every department of human enterprise. 9 K 66 ADDRESS OF MR. CARR ON THE He was chiefly self-educated, but studied at the Erie Academy, whence he was graduated at the age of eighteen. During his attendance at the academy, Mr. Kerr became attached to Miss Coover, and imme- diately after his graduation married her. By teaching school Mr. Kerr earned the means to defray his expenses at the Louisville University, where he received the degree of bachelor of laws in 1851. In 1852 he removed to New Albany, Indiana, and began the prac- tice of law. He early developed those traits of character which have since made him an enduring name among his countrymen. He was elected attorney of the city of his adoption, and in the performance of the duties intrusted to him he most arduously devoted himself and attracted public attention to his abilities. At the end of one year's service he was elected prosecuting attorney for the county of Floyd, serving in that capacity but a single year, when, in 1856, he was nominated as a candidate for the legislature, and in the October fol- lowing was elected. It was during this year that attention was first attracted to his powers as an orator. In 1862 he was elected reporter of the supreme court of Indiana, and while occupying the position he prepared five volumes of reports, which are regarded as the best of the entire series issued from that court. The effectiveness of Mr. Kerr on the hustings pointed to him as the leader of his party in the second congressional district of his adopted State, and on the 12th of August, 1864, the district congres- sional convention at Jeflersonville nominated him as the candidate of his party to represent the district in the Thirty-ninth Congress, and at the October election following he was elected by a large majority. Upon taking his seat in Congress he was assigned to tw : o committees of the House — Private Land-Claims and of Accounts — serving with faithfulness to the interests of the public. Again, in 1S66, he was re- turned as a member of tlie Fortieth Congress, and served on the Com- mittees of Elections and Railways and Canals. In 1S68 his con- stituents returned him as a member of the Forty-first Congress, in LIFE AND CHARACTER OF MICHAEL C. KERR. 67 which he served as a member of the Civil Service Committee, and it was during this session that he first assumed a prominence among his colleagues. In 1870 the people of the second district declared him their choice, and he was elected by the usual majority. Upon taking his seat in the Forty-second Congress he was placed upon the Com- mittee of Ways and Means. During the two following, as in the preceding two years, he was frequently heard upon the floor of Con- gress in the advocacy of sound and statesmanlike views upon the sub- jects of the currency and taxation, and in opposition to every species of monopoly. In 1872 Mr. Kerr refused to enter the canvass for the nomination in his district. But at the meeting of the State convention he con- sented to accept the nomination for Congressman at large, but was defeated by Hon. Godlove S. Orth, by a majority of only 126 votes in the entire vote of the State ; but he was only two years out of the House, coming in again by a great majority in 1875, when, as all the country remembers, he was chosen to preside over the deliberations of the body of which he was conspicuously and confessedly one of the ablest members. Michael Crawford Kerr was no ordinary man, but one formed by his Creator to fill an important mission in the stirring events of his stewardship here, and to this end he was endowed with clear concep- tions, sound judgment, and a will to dare and do that which his con- victions conceived to be right. But these convictions were never hastily nor recklessly formed. In the investigation of a subject brought before him for action, calmness and deliberation were always invoked, and when thus a conclusion was reached no sophistry, no mercenary motives, no sinister influences could suffice to move or sway him; but there, like the coast-rock beating backward the surging waves of ocean, he stood, fixed and immovable ; and if overpowered by supe- rior forces, like the sturdy oak whose head is bowed by the hurtling tempest, when the storm had passed he stood erect again, conscious 68 ADDRESS OF MR. CARR ON THE of the correctness of his views. In that warfare which is ever being waged between the principles of right on the one hand and the errors of wrong on the other, he always stood the unyielding and aggressive champion of honor and rectitude, armed with a falchion whose very brightness dazzled and subdued. Xor did he wait to strike until the command for the reserve to advance was passed to the rear of the grand army of noble intellects; but, spurred on by high impulses and nerved by exalted instincts, he stood in the foremost ranks with his armor ever on and his trenchant blade drawn from the scabbard. Though weak in physical powers, * * " His mind Was formed to combat with his kind. Strong in his will and of a mood Which 'gainst the world in war had stood And perished in the foremost rank With joy. It is not strange, therefore, that such a nature scorned to be led, but was proud to lead where honor and duty blazed the way. It was this which restrained him from yielding to the mistaken fancies or erring clamor of the masses. He was not * • ' That soul Which creeps and winds beneath the mob's control ; That courts the rabble's smile, the rabble's nod, And makes, like Egypt, every beast its god. When public sentiment was right he was foremost among its advo- cates, but when wrong, like another Socrates, he braced himself man- fully against the erring flood. In this he was truly a great man. The world hath need of all such noble natures which God hath blessed it with, and the loss of his self-sacrificing patriotism, his exalted pre- cepts, and his noble example is irreparable. When he fell, the ranks of the gallant few with whom he fought and kept the faith lost a power they could illy spare, and where he fell there was left a i y in tin- ranks which all our prayers and tears for the regretted dead i an never fill. LIFE AND CHARACTER OF MICHAEL C. KERR. 69 To this strong characteristic must be added the no less commenda- ble traits of character which everywhere and at all times stamped him as a man pre-eminently honest and pure. Descended from an ancient Highland Scottish clan whose name he bore, he seemed to have in- herited largely that sturdy, honest, and incorruptible nature which so distinguished the Wallace, the Douglass, the Bruce, and the Roderick Dhu of those better days. This attribute so in wrapped him like a robe as to shield him from the advances of the mercenary and corrupt. So strong, so marked was this phase of character that in a long and active public life, in which the bitter animosities of rivals and political ad- versaries were often excited, but once was an assault ever made upon it, and then the shafts aimed by envy and propelled by base designs fell harmless at his feet, covering his accusers with confusion and shame. The attempt was as harmless as the casting of a toy-dart at the Colossus of Rhodes, and as futile as an attempt to darken the heavens with a miniature cloud of dust. The investigation, like the testing ordeal for the purer metals, left him the brighter for the fric- tion and the more universally appreciated for the seal of national approval which it stamped upon his immortal memory. To lose a public man with two such rare and desirable traits of character in times like these, when the fibers of our free institutions seem ready to burst asunder from the increasing strain produced by the degenerating tendencies of the age, adds a patriotic poignancy to our grief and an intensified depth to the shadows of a nation's sorrows, which shall be lifted only when the sunlight of better days shall dispel the dangers which brood over us like the menacing hand of a Nemesis. Bringing into his public life and places of trust such Spartan vir- tues, it is not surprising that he so rapidly ascended from the lowest to the highest plane of prominence, and commanded at all times renewed and increasing confidence, admiration, and preferment, until, caught up in the ready arms of an approving nation, he was seated in that exalted chair, once cccupied by America's greatest and most dis- ■JO ADDRESS OF MR. CARR ON THE tinguished statesmen, Trumbull, Macon, Dayton, Clay, and Polk — a place second only to the highest honor and most precious gift in the power of this Republic to bestow. Here, while in that proud position, presiding over the councils of a great people, shaping the legislation of a mighty nation, iu the flood-tide of his prosperity and usefulness, it pleased the mighty God who holds alike the destinies of nations and individuals in his omnipotent hand to remove him from the field of his labor and place his ashes in that sacred urn, among that constel- lation of statesmen whose names are inscribed in characters of never- fading light upon the tablets of our history. It was a sad bereave- ment to his afflicted friends; it was a national misfortune, but we bow in meek submission to the decrees of that superior and divine wisdom which "doeth all things well." It is not for me to extol the labors of the deceased while a member and officer of this House. That task were more fitly done and has been more ably performed by those of his eloquent colleagues who have preceded me, and whose encomiums I shall bear with me to the bosom of his immediate constituency with a just pride and satisfac- tion. To be assured that throughout all his congressional career, and much of it embracing the darkest hours of this Republic, he occupied the high grounds of statesmanship, and never for once descended to the level of the mere politician ; that his utterances were ever for the needs of the whole country and were never circumscribed by the de- mands of mere party; that his efforts were ever for the great good of the many and never to their exclusion, in the interests of the few, confirms the conceptions formed of him at home, and makes universal the picture engraven upon the hearts of his own people. While the deceased stood thus distinguished from the masses of men in his public life, in his private virtues he was pre-eminently a man — the highest and besl type of man. While many of the m.>st cele brated i hara< tersof history have had theii glorii dimmed with refle< tions from dark spots upon thru private Ires, Mr. Ki kk w.is wholly LIFE AND CHARACTER OF MICHAEL C. KERR. 71 free from any great private fault whose presence detracted from the public esteem in which he was held. He was temperate and sober, honest and upright, frugal and charitable, generous and just, con- scientious and a Christian, a warm friend, a constant husband, and an affectionate father. He had his likes and dislikes, but they were distributed by reason and controlled by causes. He had his partial- ities and his prejudices, but they were never wholly without founda- tion. He had his peculiarities, but they never approached distaste- ful eccentricities, and with all the details of character the aggregated whole rendered him a desirable neighbor, a useful citizen, and an esteemed man. We have inadvertently pronounced him dead. True, we have placed his mortal remains in the tomb of his fathers and his ashes are min- gling with the dust from which they arose, but he is not dead. Such men never die. There has been a change, yet it has been one in which but the grossness of earth-life has been swept away, leaving only the intellectual, the spiritual, and therefore the higher and purer life, to commune with us, teach us, and lead us onward and upward. He lives in his work and example ; nor will they die wholly until in the dim distance of future time the obliterating waves of oblivion shall submerge all that has been and now is, and the dark funeral pall shall be thrown over the glories of the past and greatness of the present. As a proper closing of these solemn ceremonies, I now offer the following resolutions, and move their adoption : Resolved, That the sad announcement of the death of Michael C. Kerr, late member from the State of Indiana, and Speaker of this House, is received by us in the deepest sorrow and profoundest re- gret, and that in his untimely decease the House of Representatives of the United States has lost an impartial, competent, and noble pre- siding officer, a faithful and patriotic member. Resolved, That in testimony of our respect for the memory of the 7 2 ADDRESS OF MR. CARR. deceased Speaker, his chair be draped in mourning during the unfin- ished term of the Forty-fourth Congress, and as a further evidence of our continuing esteem for the dead, the officers and members of this House will wear the usual badge of mourning for the space of thirty days. Resolved^ That the Senate be informed of the death of the late Speaker by forwarding to that body a copy of these resolutions, and that the Clerk transmit a copy of the same to the afflicted family of the illustrious dead. Resolved, That, as a further tribute of respect to the departed offi- cer, this House do now adjourn. The question being taken on the resolutions, they were unanimously adopted ; and accordingly (at three o'clock and forty-five minutes p. m.) the House adjourned. PROCEEDINGS IN THE SENATE, Tuesday, February 27, 1877. Mr. McDonald, (at eleven o'clock and four minutes a. m.) I desire to call up the resolutions of the House of Representatives in honor of the late Speaker, Michael C. Kerr, for present considera- tion. I ask that the resolutions be read. The chief clerk read the resolutions of the House of Representa- tives, as follows : Resolved, That the sad announcement of the death of Michael C. Kerr, late member from the State of Indiana and Speaker of this House, is received by us in the deepest sorrow and profoundest re- gret; and that in his untimely decease the House of Representatives of the United States has lost an impartial, competent, and noble pre- siding officer, a faithful and patriotic member. Resolved, That in testimony of our respect for the memory of the deceased Speaker, his chair be draped in mourning during the unfin- ished term of the Forty-fourth Congress, and, as a further evidence of our continuing esteem for the dead, the officers and members of this House will wear the usual badge of mourning for the space of thirty days. Resolved, That the Senate be informed of the death of the late Speaker by forwarding to that body a copy of these resolutions, and that the Clerk transmit a copy of the same to the afflicted family of the illustrious dead. 10 K 74 ADDRESS OF MR. M'DONALD ON THE Address of Mi^. McDonald, or Jndiana. Mr. President: It has not occurred before in our history that upon the records of the same Congress have been placed resolutions of respect to the memories of the presiding officers of the two houses. Just before the opening of the first session of the present Congress, and while many of its members were on their way to attend its sit- tings, the country was startled by the news of the death of the Vice- President of the United States and President of the Senate, and before they had all reached their homes at the close of the session, another national loss had been sustained in the death of the Speaker of the House of Representatives. In uniting with the House in doing honor to the memory of its late chief officer, those of us who had the good fortune to know him well can bear witness to the great loss our country sustained, taken, as he was, in the meridian of life and in the midst of his labors, and also of that great bereavement suffered by his family and his friends; for while by his laborious and faithful discharge of the public duties intrusted to him and his unbending devotion to principle he had made for himself a position in the front rank <>f the public men of his country, his kind and gentle nature hail enshrined him the idol "I the social and domestic circle in which he moved, and when death re- moved him from it a void was left that can never be tilled. Michael C. Kerr was a native of the State of Pennsylvania, and was horn at Titusville, in that State. March 15, 1827, but about the time lie had attained his majority he left his native State and In fortunes in the then great West, and aftei completing his legal studies, bj graduating in the law department <>t the Louisvilli LTFE AND CHARACTER OF MICHAEL C. KERR. 75 versity, began the practice of his profession in the city of New Albany, in the State of Indiana, in 1852, and from that time until his death he was a beloved and honored citizen of that State and city. He was soon called into public life, first in the line of his profession, and gave promise of attaining to its highest honors, but in a short time was elected to represent the county of Floyd in the legislature of the State, and made his first appearance in political life in January, 1857, when he took his seat in that body. My acquaintance was formed with him during that session, and it grew into a friendship that in- creased in warmth and strength to the day of his death. His studi- ous habits and close attention to the duties of his position marked him at that early day as one of the rising young men of the State. In the fall of 1864 he was elected a member of the Thirty-ninth Congress from his district and continued to serve in that body, with the exception of the Forty-third Congress, until the close of his life, having been elected its Speaker at the beginning of the present Con- gress. It was in this service that he became known to the people of the whole country and established for himself a national reputation, and it was in the laborious discharge of the duties which devolved upon him as one of the active and leading members of that body that a constitution not naturally strong was impaired and the seeds of dis- ease planted which brought him to an untimely grave. Mr. Kerr was naturally a student, and his mind was well stored with solid and substantial facts, especially relating to the science of government and political economy; but after he had turned his at- tention to politics he studied with great care the political history of his country that he might better understand the frame-work and structure of the Government, and especially those elementary prin- ciples which underlie that structure. In his public life as an actor he always, and under all circumstances, asserted his convictions. Few men possessed a moral courage equal to him and none superior, and no apprehensions of the loss of popular favor could induce him J 7 6 ADDRESS OF MR. M'DONALD ON THE to stifle his conviction or compromise his principles. Indeed it may well be said that his expressed political principles were at all times but the reflex of his convictions. Not naturally a fluent speaker, yet by study and practice he became a ready and strong debater, and at times his earnestness, almost unconsciously to himself, grew into elo- quence; but his constant aim was to convince the judgment of his hearers and never to influence their action by appeals to their pas- sions or their prejudices. But his highest qualities were exhibited in that sublime courage with which he combated the steady approach of death, and the calm- ness with which he looked forward to the fatal hour. Anxious to live, and yet with a painful consciousness that his days were num- bered and that no mortal hand could pluck out the fatal arrow that Death had planted in his system, he seemed to rise above all fear and to move forward on the path of duty with a courage and fortitude that never for one moment faltered. He seemed to be constantly saying to himself, " I should not fear, nor yet should I wish for my last day to come ; and until it does come I must not be idle nor waste my time in vain regrets." And so, Mr. President, he lived and so he died — died working on to the close of his life. His was the true courage, " not the brutal force of vulgar heroes, but the firm resolve of virtue and of reason." He filled every station to which he was called, public and private, with honor. 1 [e honored the city in which he lived, and his name is there cherished as a house- hold word. He honored the district which had conferred upon him its highest favors, and his memory will be long held in revereni his people. He honored the State of his adoption, and it will pre- serve his name upon the roll of its most illustrious citizens. He hon- ored the high place to which he was called by the representatives ,,{ the whole people, and for that we this day place his name ••/'/; m<- moriam" upon the records of the Congress of the nation, there to remain for all time, but we cannot restore to his family and Iriends LIFE AND CHARACTER OF MICHAEL C. KERR. 77 the light and life that went out from them when he was called from their midst. Mr. President, I send to the desk resolutions for adoption by the Senate. I will state that the resolution in regard to adjournment is not now to-be put. jfcDDf^ESS OF yVlR. y/ALLACE, OP P'ENNSYL. VANIA. Mr. President: It is fitting that we of Pennsylvania should second these resolutions and bring our tribute to the worth and the char- acter of one of the sons of her soil. Michael C. Kerr was a type of the race from which he sprang. The physical form and mental characteristics of the man both proclaimed that he was one of those who trace their lineage and their ancestry to the hills of Scotland. The valleys and hills of Central, Southern, and Western Pennsylva- nia were largely peopled by them. The habits of life and the modes of thought of that race have become deeply graven upon whole masses of our people, and have in turn impressed themselves upon every section of the Republic. Wherever this people have planted themselves within our borders, there are found prosperous settlements, happy homes, and peaceful communities. Indomitable energy, an iron will, economical habits, purity of character, a hatred of shams and devotion to truth, invariably marked the best specimens of the race, and nature was only true to herself when she stamped these qualities indelibly upon the late Speaker of the House of Represent- atives. A blameless life, intelligent and honest performance of high public duties, the respect of all who knew him, and the warm attach- ments of his party to his fortunes as a safe and prudent leader, marked his public career. As I learned to know him, no trait in his character was so clearly defined as his hatred to all hypocrisy, his earnest devo- tion to truth. He seemed to recognize this as the chief part of every virtue. The political maxim " that those who know not how to 7 8 ADDRESS OF MR. WRIGHT ON THE dissemble know not how to rule," found no believer in him. The saying of the ancient Greek, " it was for slaves to lie and for freemen to speak truth," was much nearer his political creed and practice. Vigorous in speech, logical in argument, industrious in research, and courteous in debate, it is not strange that he should come to be recog- nized as a leader in the Forty-first, Forty-second, and Forty-fourth Congresses, nor is it surprising that with this purity of character and party record he should be chosen to the high place in which death found him. Standing at his open grave we acquire a profound sense of the fleet- ing character of earthly honors and of the brittleness of the thread that suspends us over the dread unknown. To-day it is life, with its glittering trifles, its busy cares, its choicest gifts ; to-morrow, death, the grave, eternity. To us who stand where he stood — dedicated to the public service — the record of this man's life and death is an example, clear, well defined, and luminous. It is the proud record of an honest public servant. ^DDRESS OF Mp^. Wf^GHT, OF JoWA. Mr. President: In this country the highest type of American man- hood and in the very forefront of the nobility of mankind may be found, not infrequently, those who in early professional life leave their homes in New England and other States and identify them- selves with the ever alive, adventurous, and stirring people of the great and growing West. The young lawyer in this grand new arena, with prairies boundless, landscapes unsurpassed, all the ex- periences of an extensive practice, the friction, conflict, and yet esprit dt corps found in court terms and court-room, circuit-court life, cir- cuit-court travel, circuit-court acquaintance, and by his earl) partici- pation in political and all the contests of a frontier and new life — such LIFE AND CHARACTER OF MICHAEL C. KERR. 79 a person, I say, finds in all education and instruction, and soon be- comes the highest type of the western and American statesman, law- yer, and citizen. For in all these things there are inspiring and ele- vating influences. The experiences may in many instances be hard and unusually severe, but the young disciple of the law thereby passes " through the rough brake," and thus he is the more likely to " come out tried and true." He may be poor, but his poverty is his stimu- lant; he may have trials, but these are for his purification; he meets with reverses, but such buffetings make him even more a power in his new home; he meets with strong opposition, and this but makes his will-power still more a power; and thus each day he gives renewed evidence of that true worth, that genuine virtue which tells upon the destinies of senates, the commons, the people, and the nation, and which oft is Sooner found in lowly sheds, With smoky rafters, Than in tapestried halls and Court of princes. To this class belonged Michael C. Kerr, the true lawyer, the ear- nest prosecutor of the pleas of the State, the careful legislator, the painstaking reporter of the decisions of the highest tribunal of his adopted State, the modest and dignified Representative in the Con- gress of the nation, the impartial and able presiding officer of that body where he was for years among its leaders; the man of iron will, uncorruptible integrity, a noble specimen of the true American states- man. He represented, and well, the State which I am but too proud to acknowledge as that of my birth, the land of my early struggles with poverty, the State which by its kindly legislation afforded to myself as well as others the means for an education which might otherwise have been unattainable, the State to which I shall ever refer with the gratitude of a child, and to his memory, as the chosen of the people, I would assist at this time in paying some humble tribute. 8o ADDRESS OF MR. WRIGHT ON THK It was said of the deceased that he seemed to have little special fitness for public life; and yet that he not only never attempted the arts of the demagogue, but loathed them in his inmost soul; that he loved his profession, the lav/, and sought its honors; that his opinions in committee and elsewhere were those of the jurist and not of the politician, and that so strong was his will and so absolute were his convictions that it was impossible for him to trim or play the time- server. Now, Mr. President, if such a man had not special fitness, entitling him to the highest places in public life, then my ideas of the true statesman are sadly at fault. The arts of the demagogue are not those of the statesman, nor do they ever fit a man for that work which leads to the upbuilding of humanity and the highest in- terest of our common country. In proportion as the man in public life loathes such arts, he becomes safe and wise in legislation and en- titled to confidence in places of the highest trust. And so firmly im- pressed am I with the great conservative influence of the true lawyer, so often have I been led to bear witness to the worth and value of the able and thoughtful jurist in matters of public concern, and so highly do I prize the man who stands by his convictions, not to be turned aside by the motives influencing the trimmer and time-server, that I accept such men as having admirable fitness for public life, a fitness which leads almost necessarily to true greatness, a fitness which places its possessor in the front rank of the profession and the highest states- manship. The life and character of Michael C. Kerr bear witness that he had this fitness and belonged to this class. In proportion as we shall have such men we shall have judicious legislation and added security to our country and its institutions. We need to cast out all dema- gogues, all trimmers and time-servers, all acting for policy, all merely expediency legislators, all letting out or taking in sail to catch the popular breeze, all trembling, uneasy hands with lingers upon the pub- lit pulse, all whose courage shall be mea ured by the stock market or the persistence of a lobby, and install in their places those who know their duty and do it, who, defying all opposition, move unflinchingly to the fulfillment of every trust, and who, when the end is reached, the result attained, feel that they have stood by the cause of their country, their God, and truth. When the true man dies the world should indeed mourn. For such the Senate, the nation, and the friends of good government mourn to-day. He succeeded in life because those who knew him had con- fidence in his integrity and uprightness. He won distinction because he industriously studied our institutions and fearlessly and courage- ously maintained his views upon all questions demanding his atten- tion. He took the highest rank because he marched in a straight line to his conclusions, ever exhibiting judicial fairness and the most un- questioned candor. He made friends because he had great good- ness of heart, because to those who knew him best he was warm- hearted, kindly, and affectionate. He was the peer of the noblest of those around him because with good natural ability he had energy indomitable, perseverance unflinching, convictions the most abiding, and ever sought to make honest inquiry for truth. One so panoplied and so endowed could not but succeed. The world owes such men victory, and whether the debt is paid grudg- ingly or otherwise, it will be extorted, and it were idle to attempt to withhold it. Wife, children, friends, parties, the nation, should ever be proud of one so gifted and rejoice in his triumphs. That we may be led to cherish his virtues, give encouragement to all to emulate his example, and enrich our own hearts by the memory of his many and varied attainments and excellences, it is meet that we should pause in our pressing duties and look, as we now do, upon his new-made grave, cast thereon our garlands of good-will, esteem, affection, love, and renew our assurance of profound sympathy and condolence for the members of the stricken household who this day most deeply mourn his loss. 11 K 82 ADDRESS OF MR. l'.AYARD ON THE ^DDB^ESS OF Ml\. J5AYAP,D, OF DELAWARE. Mr. President : I never knew a man to whom indiscriminate eulogy would have been more distasteful and repulsive than the straightforward, single-minded gentleman whose death 1 now rise to deplore. Power will ever have its parasites, who cling to it, not to aid it, but to suck from it their discreditable sustenance. What the courtier is to the monarchy the demagogue is to popular govern- ment. Michael C. Kerr could never have been either. He would not have flattered Neptune for his trident, Or Jove for his power to thunder. He would have told the truth as he knew it, despite the frowns of a king, and with equal fidelity would he tell it to the people, even when threatening and excited by misapprehension and urged to harm by "false prophets." Mr. Kerr was one of the quiet workers of Congress, who, remote from public view, in those pla< es where the real labors of legislation are performed did his duty in steady, pains- taking conscientiousness. The incense of popular applause was not needed to urge him to his work. But, whether in the full gaze of the public or in the seclu- sion of the committee-room, he was faithfully occupied in the per- formance of his duty. \ ever in the great Taskmaster's eye. Thus Ins tame bumed with a steady luster; and as his reputation rose its base broadened upon the substantial qualities of honesty, fidelity, and sterling intellectual capacities. Although a vigorous and impressive debater, his gifts were not show)- but solid, and he LIFE AND CHARACTER OF MICHAEL C. KERR. ' 83 forced his delicate physique unsparingly to make these gifts most use- ful to his fellow-men. Sure the eternal Master found His single talent well employed. I served here in Congress with Mr. Kerr during years of anxious and critical interest. We were members of a weak minority, and during our association never entered upon a contest in these halls of legislation without plainly discerning at the end of the struggle defeat awaiting us. This habitual defeat, while it did not diminish the ardor of Mr. Kerr in pursuit of duty, yet wore upon his physical health, and it may be said without exaggeration that his labors in behalf of the public caused his premature death. One feature of the pulmonary disease under which Mr. Kerr sank is a hopefulness on the part of the sufferer deluding him into a belief in his recovery, even to the last faint effort of expiring nature. In such a condition of health he went into the high place of Speaker of the House of Representatives of the United States with the hand of death resting upon him, unknown to him, but unhappily visible to those who surrounded him. His fine mental powers shone undi- minished, and the man within was high-toned and true-hearted as ever. I well remember calling upon him at his lodgings in this city, as he lay faint and gasping for breath upon his couch, and when that fell spirit of slander, " which loves a shining mark," had aimed its relentless and pcisoned arrows at his reputation, I took his wasted hand in mine and uttered a few words in reference to the shameless and futile assault, dictated by the unscrupulousness of partisan malignity. His answer was a sad smile as his honest eyes looked into mine, and a pressure of the hand responded to the unquestion- ing confidence I felt and had expressed that these dishonest missiles of political assault would shiver themselves against the granite base of integrity upon which his life was built. He lived to see his 8 4 ADDRESS OF MR. liOOTH ON THE slanderers promptly rebuked by the unanimous report of the com- mittee appointed by the House to investigate the charges, condemn- ing his accusers and exonerating him from even the suspicion of misconduct. This report was sustained by the unanimous vote of the House and the voice of honest men of all parties in every part of the Republic. The closer the scrutiny the more the moral worth of the man became apparent. His death was a loss to his country; his example should be cherished, and the memory of his life and character be embalmed in the affection and respect of the American people. Address of Mr, Booth, of California. Mr. President : The conditions of American life change so rapidly that representative types of American character are not likely to be reproduced. Franklin, Samuel Adams, Washington, Jackson, Clay, Lincoln, will have no historical parallels. The race of western pioneers will soon be as extinct as the Puritans, and will have no successor. Modern life, so abounding in the use of tools, machinery, and intellectual aids, is not favorable to the formation of individuality of character, and native individuality must In- strong to survive the repressive influence of custom and conventionalism. The character ni Mi. ii vii. C. Kerr was so strongly marked that ti stranger meet- ing him on the street would have received a distinct impressi the man. His public career needs little reference from me. It was not my fortune to know him personally until the last \car of his life — when the shadow of the dark valley w;is already upon him. How he struggled with pain and disease; how his iron will supplied the place "I physical strength, and forced his tired bod) to bear the LIFE AND CHARACTER OF MICHAEL C. KERR. 85 burdens of his great office, until his breath grew too short for utter- ance and his feet too weary to bear their load, is known to us all. The fortitude, endurance, courage, patience which he evinced in this struggle were typical of his character. He knew that death would conquer, but he fought for every inch of time. He had never counted the odds in any contest, and he would not even when the grim monster was his antagonist. Life with him was so earnest, that even sickness brought no respite from labor and responsibility. Almost the whole of his manhood was spent in public office, and he died poor in worldly goods, as most men do who devote them- selves to the public sen ice. £fe was careful in all the details of his duties. He never spared himself, and nothing was so minute as to escape his conscientious attention; nothing which pertained to duty was insignificant in his eyes. His purposes were so intense, that I think his life was serious even to sadness. Pursuing his own line of thought, amusements and society had little attraction for him. He was fond of general literature, but disciplined his taste even in that to make it tributary to the main purpose of his life. He was slow in forming his opinions, but once formed they were a part of his life. No one can penetrate the inner life of another and realize the long preparation, the conflict of doubt, the struggle of intellect, the throes of thought which precede the opinion so positive in utterrance, or the decision that seems instant as lightning when occasion comes. In the discharge of his public duties Mr. Kerr was never moved by the pleadings of immediate special interests, however powerful or plausible, to neglect or betray the interests of the people from whose loins he sprang, whose burdens he respected. He would not yield to the solicitings of friendship, the blandishments of flattery, or the temptations of interest. He was almost destitute of imagination, and had little enthusiasm, but his intense earnestness gave to his utterances a fervor that had the semblance of both. He never 86 ADDRESS OK MR. MdRluX ON THE sought the easy way of doing, but instinctively took hold of the heavy end. Life with him meant work, not dalliance; duty, not pleasure. With his opinions on the great questions that culminated in and grew out of our civil war, I differed /<>/<> calo. They are differences I gladly forget at his grave. Cannot we all now allow these differ- ences to be burieil in the grave of the past? Can we not regard the conflict through which we have passed as an inevitable event ol history which no statesmanship could avert, and respect its awful loss of life as a common sorrow, a sacrifice which fate had decreed to liberty and union ? If we cannot; if strife must perpetuate itself and passion harden into hatred, the sun of our national existence which rose upon so fair a morn will be hidden by clouds and go down in tempests. In times of great political excitement like these, the man who dies in public station falls like the soldier in the heat of battle; when the lines close, comrades press forward, and the fight goes on. In the distant home something passes from the life of love which was most dear to it, and which nothing that is or shall be can ever replace. We miss the voice that was strong in debate; others, the tones that were tender with love. A manly presence has gone from our midst; the footsteps that gladdened a home have gone down to the grave. The tribute of respect which we pay seems formal from oft repeti- tion; there is a sorrow which is speechless, a grief whi< h is tearless. Thus through life every heart must bear its own sorrow, its own grief, its own precious memory, sanctuaried from the eye of curiosity, where the voii e ol sympath) cannot reach, and the touch of healing i annot come. Address of Mr, Morton, of Jndiana. Mr. I'ii hiini I have known Mr. Kerr since 1861. Our per- sonal relations were never intimate, We were never thrown together LIFE AND CHARACTER OF MICHAEL C. KERR. 87 in any way. I met him from time to time and have been familiar with his political history and reputation. We lived in a State somewhat distinguished of late years for the bitterness of its political contests. While he and I were on different sides, yet our personal relations were always good, and I now take pleasure in bearing testimony to his memory. The character of Mr. Kerr for integrity has never been impeached. Some charges that were recently made against him since he was Speaker of the House of Representatives were not believed at all by his political antagonists. I can say that the republicans of Indiana did not believe these charges. I did not, and it may be said that Mr. KERk's character for integrity has never been impeached or suspected. I take pleasure in bearing testimony to his high character as an hon- est man. Mr. Kfrr has always been regarded as occupying a higher plane of politics than most politicians. He has been regarded as a man who was devoted to principle and who pursued principles to their logical results. Intellectually he was very able; a man of fine ability. He was a student. He has always been regarded as labo- rious. Especially was he a student of political economy. He was much better acquainted with the principles of political economy than most men in public life. He has made them his study for years. He was always regarded as a student, with a fine knowledge of gen- eral literature and of history, but especially a student in all those branches of knowledge relating to politics and the Constitution of his country. His name will be remembered with pride and with affection in Indiana. He was one of her most highly favored and gifted sons, and it gives me satisfaction to bear testimony to his patriotism. I believe he was a devout lover of his country and went for that which lie believed was for the best. I have always given him credit for his integrity, for his patriotism, and for love of his country, and the strongest testimony which I can bear to the character of Mr. Kerr is to say that he was regarded by men of all parties in Indiana as an 88 ADDRESS OF MR. MORTON. honest man, an able man, a patriotic man, and that his death was mourned by all his neighbors and by all who knew him, without dis- tinction of party. In some respects he was a remarkable man. His ability was not of the common order, and, as was said by the Senator from Delaware, | Mr. Bayard,] it was more solid than it was showy, with a great power of analysis and with great capacity for labor. But (aw public men have died who have left behind them a clearer or a better record than Michael C. Kerr, and he died possessing the esteem of good men without distinction of party. The Presiding Officer. The Clerk will now report the resolu- tions offered by the Senator from Indiana, [Mr. McDonald.] The Chief Clerk read as follows : Resolved, That the Senate has received with profound sensibility the sad announcement of the death of Hon. Michael C. Kerr, late a member of the House of Representatives from the State of Indiana, and Speaker of that House. Resolved, That as a mark of the respect entertained by the mem- bers of the Senate for the high character, pure patriotism, and emi- nent public services of the late Speaker of the House of Representa- tives, they will wear the usual badge of mourning for thirty days. The resolutions were agreed to unanimously. *