4(i.7 ^ s -* ' '2,^crQ'*<:!^crfz •* ■ '. 3eae«^ee5€ss ■KSTKCS^irsr S€^5€5*^a« I LIBRARY OF CONGRESS. % ■;« .4 « % % UNITED STATES OF AMERICA. ^5 Chap. ..^.4.^7- CHARLES DEYENS, HENRY M. DEXTER, EDWARD I. THOMAS. CHARLES DEYENS, HENRY M. DEXTER, EDWARD I. THOMAS. Extract from tiik Keport of the Col->'cil, read to the American Antujuarian Society, April 29, 1S91. BY G K O R G E F . II ( > A K s^ Henry Martyn Dexter was born in Plympton, M;iunuier. Mr. Everett, and afterward Mr. Rockwidl took a leading part on one side, and Mr. Douglas of Illinois on the otiier. Dr. De.xter was a great champion of the religious faith whicii lie held and of righteousness wherever it seemed to him to he assailed. But he was a man of a sweet and gra- cious gentleness in hotli manner and nature, winning and retaining the allection of all men with whom he came into any close personal relations. One of his friends from early youth compares him in strength and steadfastness to the oak which grew Ijeforo his door, and his friendship to the delight of its sunnner shade. He was full of a warm and hearty sympathy for young and old, ever ready with coun- sel and with help. The crowning honor of his life was his election to preach the opening sermon at the International Congregational Council at London, in July, 1891, for which, on the Mon- day before his death, he was unanimously chosen. This is the greatest honor which it is in the j)ower of the Congre- gational Churches to bestow on one of their clergymen. He died November 13, 18i)0. The day before his death he seemed in unusual health and spirits, working in his library as usual and making plans for his journey abroad. The next morning at half-past six he was found lying on his side, his head resting on his hand, ajiparontly asleep ; but he had died in his sleep without sutlcuing. He had been all his life a devoted student of tlu' founding an(i ; renewed 10 his partnership with George F. Hour for a short time ; was appointed justice of the superior court April, 1867 ; was appointed justice of the supreme court of Massachusetts in 1873 ; was offered the appointment of Secretary of War in the Cabinet of President Hayes March ath, 1877 ; a day or two later was tendered the office of Attorney-General by the President, which he accepted and held until the expira- tion of President Hayes's administration. He was offered the office of judge of the circuit court of the first circuit at the death of Judge Shepley, which he very much desired to accept. But the President, although placing this office at his disposal, was exceedingly unwilling to lose his services in the Cabinet ; and Gen. Devens, with his customary self- denial, yielded to the desire of his chief. He was again a[)pointed justice of the supreme court of Massachusetts in 1881, and held that office until his death. He was elected a member of the American Antiquarian Society October 21, 1878. He was a member of the Massachusetts Historical Society. He received the degree of LL.D. from Harvard University in the year 1877. He was chosen President of the Harvard Alumni Association, and again elected President of that Association in 1886, in order that he might preside at the great celebration of the 250th anniversary of the foundation of the college, which he did with a dignity and grace which commanded the admiration of all persons who were present on that interest- ing occasion. He died January 7, 1891. General Devens gained very soon after establishing him- self in Worcester the reputation of one of the foremost ad- vocates at the bar of Massachusetts. He was a model of the professional character, of great courtesy to his opponent, great deference to the court, fidelity to his client, giving to every case all the labor which could profitably be spent upon it. The certainty of the absolute fidelity, thoroughness, and skill with which his part of the duty of an important trial would be performed, made it a delight to try cases as his 11 associiitc. Ill' w;is especially powerful with juries in cases involving the domestic relations, or whicli iiiul in tlicni aiiytliinic of tiio pathos of which the court-iiouse so often furnishes examples. lie did not care in those days for the preparation or argument of questions of law, altiiough he possessed legal learning full}' adequate to the exigencies of his profession, and never neglected any duty. His powers continued to grow as he grew older until his death. I tiiink he was unsurpassed in this country in the generation to wiiich lie belonged in native gifts of oratory. He had a tine voice, of great compass and power, a grace- ful and dignified presence. He was familiar with the best English literature. He had a pure and admirable style, an imagination which was quickened and excited under the stimulus of extempore speech, and was himself moved and stirred by the emotions which are most likely to move and stir an American audience. Some of his addresses to juries in Worcester are now remembered, under whose spell jury and audience were in tears, and where it was somewhat difficult even for the bench or the opposing counsel to resist the contagion. He never, however, undertook to pre[)are and train iiimself for public speaking, as was done by Mr. Clioate or Mr. Everett, or had the constant and varied prac- tice under which the fine powers of Wendell Phillips came to such perfection. But his fame as an orator constantly increased, so that befoi'e his death no other man in Massa- chusetts was so much in demand, especially on those occa- sions where the veterans of the war were gathered to com- memorate its sacrifices and triumphs. Among the most successful examples of his oratorio power is his Address at Bunker Hill at the Centennial in 1875, where the forming the procession and the other exer- cises occupied the day until nearly sundown, and General Devens, the orator of the day, laid aside his carefully pre- pared oration and addressed the audience in .a brief speech. 12 wholly unpremeditated, which was the delight of ever^'body who heard it.' At New Haven he delivered the address Ijefore the Army of the Potomac in commemoration of General INIeade and the battle of Gettysburg, which is a fine specimen of his- toric narrative mingled and adorned with stately eloquence. At the banquet in the evening of the same day the gentle- man who had been expected to respond to the toast, " The private soldier," was unexpectedly called away, and General Devens was asked at a moment's notice and without prepara- tion to take his place. The writer has heard President Grant — no mean judge — who had himself listened to so much of the best public speaking in all parts of the coun- try, say that General Devens's response to this toast was the finest speech he ever heard in his life. The eulogy upon Grant delivered at Worcester, especially the wonderful pas- sage where he contrasts the greeting which Napoleon might expect from his soldiers and companions in arms at a meet- ing beyond the grave with that which Grant might expect from his brethren, is also one of the best specimens of elo- quence in modern times. Surpassing even these are the few sentences he addressed to his regiment after the battle of Call's Bluff. General Devens had a modest estimate of his own best powers. While he was an admiraliie judge, bringing to the court the weight of his great experience, his admirable sense, his stainless integrity, his perfect impartiality, his great discernment, his abundant learning, it has always 1 We annex an extract from the diary of our associate, Mr. Henry 11. Edes, under date of .Tune ITth, IST.i. Mr. Edes took a very large part in maliing tlie arrangements for tli« centennial celebration of tliat date. "Tile oration by Judge Devens was magnificent. He spoke wliolly witliout notes and liis ert'ort was largely extemporaneous. He began by saying tliat tlie lateness of tbe bour ('twas nearly six o'clock) would prevent his following tlie train of any previously preparedeftbrt and he would brietly review Ilie history of tbe battle and its results upon the woi'ld's history. He spoke for nearly ah liour and a quarter, holding liis tine audience in rapt attention by his eloriuenei'. the elegance of his diction and his superb enunciation. It was, indeed, a won- derful eft'ort, and will cotupare favorablv with Wel)ster's great orations in '25 and '43." 13 seemed to the writor that he erred after the war jii not pre- feriinsr politicnl life to his place upon the bench. He could easily have hcen Governor or Senator, in whieh places the afl'ection of the people of Massacliusctts would have kept him for a period limited only by his own desire, and might well have been expected to pass from the Cabinet to an even higher place in the service of his country. But he disliked political strife, and preferred those places of service which did not compel him to encounter bitter antagonisms. He was invited by President Hayes to a seat in his Cabinet. He tilled the place of Attorne3'-(Teneral with a dignitj^ and an ability which has been rarely if ever sur- passed by any of the illustrious men who have filled that great office. The judges of the Supreme Court long after he had left Washington were accustomed to speak of the admirable manner in which he discharged his duties. The writer quite recently heard Mr. Justice Bradley, who is without a superior, if not without a peer, among living jurists on cither side of the Atlantic, speak enthusiasticall}' of his recollection of General Devens in the office of Attor- ney-General. Judge Bradley has kindly acceded to a re- quest to put in writing what he had said. His letter is here inserted : Washington, January 20th, 18.91. Hon. Geo. F. Hoar. My Dear Sir: — You ask for my estimate of the services and character of Gen. Devens as Attorney-General of the United States. In general terms I unhesitatingly answer, that he left upon my mind the inqiression of a sterling, nol)le, generous character, loyal to duty, strong, able, and courteous in the fulfilment of it, with such accunmlation of legal acquirement and general culture as to render his coun- sels highly valuable in the Cabinet, and his putilic efforts exceedingly graceful and effective. His professional ex- hibitions in the Supreme Court during the four years that he represented the Government, were characterized by sound learning, chastely and accuratel}' i'xpressed, great breadth of view, the seizing of strong points and disregard 14 of minute. ones, marked deference for the court and cour- tesy to his opponents. He was a model to the j'ounger members of the bar of a courtly and polished advocate. He appeared in the court only in cases of special impor- tance ; but of these there was quite a large number during his term. As examples, I may refer to the cases of Young V. United States (97 U. S. 39), which involved the rights of neutrals in our civil war, and particularly the alleged right of a British subject, who had been engaged in running the blockade, to demand compensation for a large quantity of cotton purchased In the Confederacy and seized by the military forces of the United States ; — Reynolds v. United States '(98 U. S. 14,5), which declared the futility of the plea, in cases of bigamy among the Mormons, of religious belief, claimed under the first amendment of the Constitu- tion ; and established the principle that pretended religious belief cannot be accepted as a justification of overt acts made criminal by the law of the land ; — The Sinking Fund Cases (99 U. S. 700), which involved the validity of the act of Congress known as the Thurman Act, requiring the Pacific Railroad Companies to milke annual ])ayments for a sinking fund to meet the bonds loaned to them l)y the Gov- ernment; — Tennessee v. Davis (100 U. S. 257), as to the right of a United States officer to be tried in the Federal courts for killing a person in self-defence whilst in the dis- charge of his official duties : — The Civil Rights case of Strander v. W. Virginia and others (100 U. S. 303-422), in which were settled the rights of all classes of citizens, irrespective of color, to suffrage and to representation in the jury box, and the right of the Government of the United States to interpose its power for their protection ; — Neal V. Delaware (103 U. S. 370), by which it was de- cided that the right of suffrage and (in that case) the con- sequent right of jury service of people of African descent, were secured by the 15th Amendment of the Constitution, notwithstanding unrepealed state laws or constitutions to the contrary. In all these cases and many others the arguments of the Attorney-General were presented with distinguished abilit,y and dignity, and with his habitual courtes}- and amenity of manner; whilst ins Ijroad and comprehensive views greatly aided the court in arriving at just conclusions. In all of 15 them he was suecessi'iil ; and it may 1)0 said (iial lie rarely assumed a position on helialf of tlie (iovernmenl, in any important case, in which he was not sustained i)y the judsr- ment of the court. His advocacy was conscientious and Judicial rather tluin experimental — as is eminently lifting in the otiicial representative of the Government. It host sub- serves the ends of justice, the suppression of useless litiga- tion, and the prompt administration of tlie law. I can only add that the members of the Supreme Court parted with Attorney-General Devens with regret. Of him, as of so many other eminent lawyers, tlie reflection is just, that the highest efforts of advocacy have no adecpiate memorial. Written compositions remain; hut the noblest displays of human genius at the bar — often, perhaps, the successful assaults of Freedom against the fortresses of Despotism — arc lost to history and memory for want of needful recordation. Vixere fortes an/e A(/ameinno>ia ; or, as Tacitus says of the eloquent Haterius, '.'Whilst the plod- ding industry of scribblers goes down to posterity, the sweet voice and fluent eloijuence of Haterius died with himself."' Very Truly Yours. JosEi'ii r. Bkadlky. General Devens took no active pait in the work of this Society, although he was quite a frequent attendant at our meetings. He liiul lioi)cd before long, if he had lived, to write for us a })ai)er on the government of Massachusetts during the period between the breaking out of tlie Revolu- tion and the adoption of the Constitution of 1780. This work, if done at all, must be done by other hands. But he was an admirable historical investigator and narrator. He carefully investigated the facts. He told the stor^' of the heroic days of the Revolution and of tiie iieroic days of the War for the Tnion with a graphic jtower which will give liis addresses on such subjects a perniancnf place in our best liistorical literature.' I The following is a partial list of tlio publications of Genrnil Devens:— I.,ETTEU. To Hon. Henry Wilson, U. 8. Senator, December IC, 18(U. Address. Before the Army of thi- .lanus, delivered Sc])t. 2, ISfiS. ORATION. ()u (ieneral Meade, delivered at Xew Haven, May li, 1873. Oration. On Centennial of Battle of Bunker Hill, June 17, 187.5. 16 But it is as a soldier that his countrymen will remember him, and it is as a soldier that he would wish to be remem- bered. Whatever may be said by the philosopher, the moralist, or the preacher, the instincts of the greater por- tion of mankind will lead them to award the highest meed of admiration to the military character. Even when the most selfish of human passions, the love of power or the love of fiime, is the stimulant of the soldiei-'s career, he must at least be ready for the supreme sacrifice — the will- ingness to give his life, if need be, for the object he is pur- suing. But when his end is purely unselfish, when the love of country or the desire to save her life by giving his own has entire mastery of the soul, all mankind are agreed to award to the good soldier a glory which it bestows nowhere else. There was nothing lacking in General Devens to the complete soldierly character. He had a passionate love of his country ; he was al)solutely fearless ; he never flinched before danger, sickness, suflering or death. He was prompt, resolute, and cool in the face of danger. He. had a warm and affectionate heart. He loved his comrades, especially the youth who were under his command. He had that gentle and placable nature which so often accom- panies great courage. He was incapable of a permanent anger. He was still less capable of revenge or of willing- ness to inflict injury or pain. As Clarendon says of Falkland, " He had a full appetite of feme by just and generous actions, so he had an equal contempt for it by base and servile expedients." He never Oration. Dedication of Soldiers' Mouiimeiit at Boston, Sept. 17, 1S7T. Al>Dl{E8S (2). On General Grant; one at Boston and one at Worcester, Anjt. 1885. Address. To the Fifteenth Mass. lieginient, at Gettysburg, .Tunc 12, ISSC. Oration. On General Sheridan, before the Loyal Le.i,'ion, Nov. 7. ISSS. OitATiON. On the 2."i(Jth Anniversary of the Loyal Legion, at Philadelphia, April 15. 1890. Address. At the 2.50th Anniversary of Ilarvaijl University. 17 for an instant tolerated tliat most perniciou.s and pestilent heresy, that so k)ng as eaeli side heiieved itself to he in the rijiht there was no difference between the just and the un- jnst cause. He knew that he was contending for the life of his country, for the fate of iunnan liberty on this continent. No other cause would have led him to draw his sword ; and he cared for no other earthly reward for his service. "Oil just ami faithful kiiij^bt of tiod. KiUeou, the prize is ucar." ^i LIBRARY OF CONGRESS 013 700 759 9 #1