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It may be fairly said that Trumbull took the lead in putting an end to arbitrary arrests in the loyal states where the courts of justice were open, and in prescribing the process of the suspension of the writ of habeas corpus. This was a difficult problem to handle and it cost Trumbull some popularity, since the loyal spirit of the North was very touchy on the subject of Copperheads and easily inflamed against anybody who was accused of sympathy with them. The law finally passed seems now to be altogether just, and well suited to be put in practice again if occasion for it should arise.

Trumbull's place as one of the "Seven Traitors" who voted not guilty on the impeachment of Andrew Johnson is now universally considered a proud position, and I think that that of his neighbor and friend, James R. Doolittle, of Wisconsin, who earned the title of traitor a year or two earlier, is entitled to a place in the same Valhalla. Both are deserving of monuments at the hands of their respective states.

The reader of these pages cannot fail to discern a marked change in Trumbull's course on Reconstruction about midway of the struggle on that issue. Gideon Welles said, under date January 16, 1867, "He [Trumbull] has changed his principles within a year.134 The facts are that he agreed with Lincoln's plan of Reconstruction, embodied it in the Louisiana Bill, reported it favorably from the Judiciary Committee, tried to pass it in the closing days of the Thirty-eighth Congress, but was prevented by the filibustering tactics of Sumner. After Johnson became President he adhered to that plan until Johnson vetoed the Freedmen's Bureau and Civil Rights Bills. He then believed that Johnson had betrayed the cause for which the nation had fought through a four years' war and that the freedom of the blacks would be endangered if Johnson were sustained by the loyal states. He accordingly went with his party, but with misgivings, halting now and then, putting blocks in the way of the radicals here and there. He ceased to be the leader of the Senate as he had hitherto been, on this class of questions, and he became a reluctant follower. When Sumner became angry and charged him in 1870 with betrayal of the cause of freedom, he hotly affirmed that he had voted for every measure for the equal rights of the freedmen that Congress had passed, including the three constitutional amendments. The truth was that he had put obstacles in the way of several measures that Sumner deemed indispensable, until it became plain that the Republican party was determined to pass them and that further resistance would be useless. Then he gave his assent to them. This course he pursued until the Anti-Ku-Klux Bill was agreed to, by the Judiciary Committee, in 1871. Against this measure he voted in the committee and in the Senate. He held it to be unconstitutional, and he used against it the same arguments in substance that Bingham had used in the House against the Civil Rights Bill; and both he and Bingham were right. Trumbull did not change his principles, but he made an error in common with his party and he corrected it as soon as he became convinced that it was an error. I am open to the same criticism."

Among interviews with men of note published in the Chicago press concerning the deceased was one with Mr. Joseph Medill, not a friendly critic but a political seer of the first class, who thought that Trumbull might have been President of the United States if he had voted, in the impeachment case, to convict Andrew Johnson.

If he had remained true to his party [said Mr. Medill], Judge Trumbull, I believe, would have died with his name in the roll of Presidents of the United States. I have always thought that he could have been the successor of Grant. He stood so high in the estimation of his party and the nation that nothing was beyond his reach. Grant, of course, came before everybody, but Trumbull was next, a man of great ability, undoubted integrity, and stainless reputation, pure as the driven snow and nearly as cold. He could have been President instead of Hayes, or Garfield, or Harrison.[1]

Following the interview with Mr. Medill is one with Mr. Henry S. Robbins, a member of Trumbull's law firm from 1883 until 1890. Mr. Robbins did not find Trumbull a cold man.

All the time we were together [said Mr. Robbins] I never heard him speak a cross word to a clerk in the office. Among children he was a child again. He and his little grandson, the child of Walter Trumbull, who died several years ago, were inseparable companions when the grandfather was at home. They played together and talked together like two little boys. All the children in the neighborhood where he lived were wont to come to him with their little troubles and always found him one who could enter into fullest sympathy with them. Judge Trumbull had no worldliness. He seemed to practice law as a mission, not as a vocation by which to make money. With his reputation and his ability combined he might have died a millionaire. It always gave him a pang to charge a fee, and when he fixed the charge it was usually about half what a modern lawyer would charge.[1]

Another partner, Mr. William N. Horner, said:

I came here from Belleville where Judge Trumbull formerly lived, and people down there—some of them at least—used to think that he was a cold man. I never found him so. I remember the first day we moved into these offices and while we were getting settled, Judge Trumbull worked harder than any of us. He was more solicitous for our comfort than he was for his own. He was always trying to do something for the comfort of others. He had all the gentleness and sweetness of disposition and patience of a woman.135

Mr. C. S. Darrow, who had charge of the Debs case in which Trumbull volunteered his services, said that

the socialistic trend of the venerable statesman's opinions in his later years sprang from his deep sympathies with all unfortunates; that sympathy that made him an anti-slavery Democrat in his early years, and afterwards a Republican. He became convinced that the poor who toil for a living in this world were not getting a fair chance. His heart was with them.136

A letter to myself from the widow of Walter Trumbull, who died in 1891, says:

After my husband died, I, with my two boys, lived with Judge Trumbull until his death; and I wish I could tell you how beautiful that home life was. He was so devoted to his family, so sweet and tender and thoughtful for us all. Others never realized this and often thought him cold. He was so great a man and yet so gentle and simple in his ways that little children clung to him.

Among the papers left by Trumbull was the following estimate of the character and career of Abraham Lincoln. It was addressed to his son Walter Trumbull and is here published for the first time:

My dear Son: I have often been requested to give my estimate of Mr. Lincoln's life and character. His death at the close of a great civil war in which the Government of which he was the head had been successful, and the manner of his taking off, were not favorable to a candid and impartial review of his character. The temper of the public mind at that time would not tolerate anything but praise of the martyred President, and even now it is questionable whether the truthful history of his life by Mr. Herndon, his lifelong friend, and law partner for twenty years, will be received with favor. As I could not give any other than a truthful narration of Mr. Lincoln's character, as he was known to me, I have hitherto declined to write anything for the public concerning him. Having known him at different times as a political adversary and a political friend, my opportunities for judging his public life and character were from different standpoints. We were members of the Illinois House of Representatives in 1840. He was a Whig and I a Democrat, but we had no controversies, political or otherwise. Indeed, Mr. Lincoln took very little part in the legislation of that session. It was the period when, as related by Mr. Herndon, he was engaged in love affairs which some of his friends feared had well-nigh unsettled his mental faculties. I recall but one speech he made during the session. In that he told a story which convulsed the House to the great discomfiture of the member at whom it was aimed. Mr. Lincoln was regarded at that time by his political friends as among their shrewdest and ablest leaders, and by his political adversaries as a formidable opponent. Contemporary with him in the legislature of 1840 were Edward D. Baker, William A. Richardson, William H. Bissell, Thomas Drummond, John J. Hardin, John A. McClernand, Ebenezer Peck, and others whose subsequent careers in the national councils, on the field of battle, and in civil life have shed lustre on their country's history. It is no mean praise to say of Mr. Lincoln that among this galaxy of young men convened at the capital of Illinois in 1840, to whom may be added Stephen A. Douglas, although not then a member of the legislature, he stood in the front rank.

As a lawyer Mr. Lincoln was painstaking, discriminating, and accurate. He mastered his cases, and had a most happy and fascinating way of presenting them. He was logical, fair, and candid. It was said of him by one of the most eminent judges who ever presided in Illinois, that after Mr. Lincoln had opened a case he [the judge] fully understood both sides of it. Some of Mr. Lincoln's contemporaries at the bar were more learned, and better lawyers, but no one managed a case, which he had time to thoroughly study and understand, more adroitly. The breaking-up of the Whig and Democratic parties in 1854, growing out of the repeal of the Missouri Compromise, and the opening of the territory to slavery, threw Mr. Lincoln and myself together politically. We were both opposed to the spread of slavery, and from the foundation of the Republican party till his death we were in political accord. I do not claim to have been his confidant, and doubt if any man ever had his entire confidence. He was secretive, and communicated no more of his own thoughts and purposes than he thought would subserve the ends he had in view. He had the faculty of gaining the confidence of others by apparently giving them his own, and in that way attached to himself many friends. I saw much of him after we became political associates, and can truthfully say that he never misled me by word or deed. He was truthful, compassionate, and kind, but he was one of the shrewdest men I ever knew. To use a common expression he was "as cunning as a fox." He was a good judge of men, their motives, and purposes, and knew how to wield them to his own advantage. He was not aggressive. Ever ready to take advantage of the public current, he did not attempt to lead it. He did not promulgate the article of war enacted by Congress forbidding army and navy officers from employing their forces to return slaves to their masters, under penalty of dismissal from the service, till more than six months after its passage. It was more than nine months after the enactment of a law by Congress declaring free all slaves of rebels captured, or coming within the Union lines, or found in any place occupied by rebel forces and afterwards occupied by the forces of the Union, that he issued the proclamation declaring free the slaves then within the rebel lines, all of whom, belonging to persons in rebellion, were made free by the act of Congress as soon as the Union forces occupied the country, and till then the proclamation could not be enforced. When applied to by a friend, just previous to the meeting of the convention at Baltimore which nominated him for a second term, to indicate what resolutions or policy he desired the convention to adopt, he declined to suggest any. These and many other illustrations might be given to show that Mr. Lincoln was a follower and not a leader in public affairs. Without attempting to form or create public sentiment, he waited till he saw whither it tended, and then was astute to take advantage of it. Some of Mr. Lincoln's admirers, instead of regarding his want of system, hesitancy, and irresolution as defects in his character, seek to make them the subject of praise, as in the end the rebellion was suppressed, and slavery abolished, during his administration, ignoring the fact that a man of more positive character, prompt and systematic action, might have accomplished the same result in half the time, and with half the loss of blood and treasure.

Mr. Lincoln was by no means the unsophisticated, artless man many took him to be. Mr. Swett, a lifelong friend and admirer, writing to Mr. Herndon, says: "One great public mistake of his character, as generally received and acquiesced in, is that he is considered by the people of this country as a frank, guileless, and unsophisticated man. There never was a greater mistake. Beneath a smooth surface of candor, and apparent declaration of all his thoughts and feelings, he exercised the most exalted tact, and the widest discrimination.... In dealing with men he was a trimmer, and such a trimmer as the world has never seen."137

Herndon in his "Lincoln," at page 471, says: "He had a way of pretending to assure his visitor that in the choice of his advisers he was free to act as his judgment dictated, although David Davis, acting as his manager at the Chicago Convention, had negotiated with the Pennsylvania and Indiana delegations, and assigned places in the Cabinet to Simon Cameron and Caleb Smith, besides making other arrangements which Mr. Lincoln was expected to satisfy."

Another popular mistake is to suppose Mr. Lincoln free from ambition. A more ardent seeker after office never existed. From the time when, at the age of twenty-three, he announced himself a candidate for the legislature from Sangamon County, till his death, he was almost constantly either in office, or struggling to obtain one. Sometimes defeated and often successful, he never abandoned the desire for office till he had reached the presidency the second time. Swett says, "He was much more eager for it [a second nomination] than for the first," and such was known to his intimate friends to be the fact, though his manner to the public would have indicated that he was indifferent to a second nomination. When first a candidate for the presidency Mr. Herndon tells us, "He wrote to influential party workers everywhere," promising money to defray the expenses of delegates to the convention favoring his nomination.

While ardently devoted to the Union, Mr. Lincoln had no well-defined plan for saving it, but suffered things to drift, watching to take advantage of events as they occurred. He was a judge of men and knew how to use them to advantage. He brought into his Cabinet some of the ablest men in the nation, and left to them the management of their respective departments. This country never had an abler head of the Treasury Department than Salmon P. Chase. To his skillful management of the finances the country was indebted for the means to carry on the war of the rebellion, and bring it to a successful issue. For the distinguished ability with which the State and War Departments were managed during the rebellion the country is greatly indebted to Mr. Seward and Mr. Stanton. Other members of Mr. Lincoln's Cabinet were men of great executive ability. Lincoln was unmethodical and without executive ability, but he selected advisers who possessed these qualities in an eminent degree.

To sum up his character, it may be said that as a man he was honest, pure, kind-hearted, and sympathetic; as a lawyer, clear-headed, astute, and successful; as a politician, ambitious, shrewd, and farseeing; as a public speaker, incisive, clear, and convincing, often eloquent, clothing his thoughts in the most beautiful and attractive language, a logical reasoner, and yet most unmethodical in all his ways; as President during a great civil war he lacked executive ability, and that resolution and prompt action essential to bring it to a speedy and successful close; but he was a philanthropist and a patriot, ardently devoted to the Union and the equality and freedom of all men. He presided over the nation in the most critical period of its history, and lived long enough to see the rebellion subdued, and a whole race lifted from slavery to freedom. The fact that he was at the head of the nation when these great results were accomplished, and of his most cruel assassination, before there was time to fully appreciate the great work that had been done during his administration, will forever endear him to the American people, and hand his name down to posterity as among the best, if not the greatest, of mankind.

Another manuscript, addressed to Mrs. Gershom Jayne, the mother of the first Mrs. Trumbull, in answer to a communication from her, gives Trumbull's views on religion:

Chicago, Apr. 22, 1877.

Dear Mother: I scarcely know how to reply to your texts of Scripture and your solicitude for me. If the fervent prayers of the righteous avail, it would seem as if yours and those of my departed Julia should have their influence, and I sometimes feel as if the spirit of my dear Julia was even now not far away. That I am not what I should be is too true: I feel it and I know it, and yet I trust the influence and prayers of those who have loved me have not been entirely thrown away. I have abundant reason to be thankful to our Heavenly Father for his protection and ten thousand kindnesses to me which I know I have not deserved. How often when the way was dark before me has an unseen hand carried me safely through! And yet, whilst ever ready to acknowledge my own imperfection and impotence, I suppose I know nothing of, or at best see but as through a glass dimly, that change of heart of which the converted speak, and which comes of a faith it has not been given me to possess. I certainly hope through the Saviour's interposition for a happy hereafter, but at the same time am obliged to confess that the way is to me dark and mysterious, and by no means as discernible as it appears to some others. I rejoice that they can see it clearly and wish that I could too....

Affectionately yours,

Lyman Trumbull.

Three sons of Lyman Trumbull reached mature years: Walter, Perry, and Henry. The latter died unmarried, January 20, 1895.

Walter, the eldest, was married September, 1876, to Miss Hannah Mather Slater. Three sons were born of this union. The first of these, Lyman Trumbull, Jr., died in infancy. The second, Walter S., was born in 1879, married Miss Marjorie Skinner, of Hartford, Connecticut, in 1905, and now resides in New York City. The third, Charles L., born in 1884, married in 1910 Miss Lucy Proctor, of Peoria, Illinois, and now resides in Chicago. Walter Trumbull died October 25, 1891.

Perry Trumbull was married to Mary Caroline Peck, daughter of Ebenezer Peck, judge of the United States Court of Claims, in 1879. Four children were born to them: (1) Julia Wright, married to H. Thompson Frazer, M.D., now resides at Asheville, North Carolina; (2) Edward A., married Anna Whitby, and resides at Seattle, Washington; (3) Charles P., married, resides at Las Vegas, New Mexico; (4) Selden, resides in Chicago. Perry Trumbull died December 10, 1902.

Mrs. Mary Ingraham Trumbull, widow of Lyman Trumbull, resides at Saybrook Point, Connecticut.

THE END

1

Mr. H. C. Lodge, in his Life of Daniel Webster, says, touching the debate with Hayne in 1830:

"When the Constitution was adopted by the votes of states at Philadelphia, and accepted by the votes of states in popular conventions, it is safe to say that there was not a man in the country, from Washington and Hamilton, on the one side, to George Clinton and George Mason, on the other, who regarded the new system as anything but an experiment entered upon by the states, and from which each and every state had the right to peaceably withdraw, a right which was very likely to be exercised."

Mr. Gaillard Hunt, author of the Life of James Madison, and editor of his writings, has published recently a confidential memorandum dated May 11, 1794, written by John Taylor of Caroline for Mr. Madison's information, giving an account of a long and solemn interview between himself and Rufus King and Oliver Ellsworth, in which the two latter affirmed that, by reason of differences of opinion between the East and the South, as to the scope and functions of government, the Union could not last long. Therefore they considered it best to have a dissolution at once, by mutual consent, rather than by a less desirable mode. Taylor, on the other hand, thought that the Union should be supported if possible, but if not possible he agreed that an amicable separation was preferable. Madison wrote at the bottom of this paper the words: "The language of K and E probably in terrorem," and laid it away so carefully that it never saw the light until the year 1905.

2

Letters of Daniel Webster, edited by C. W. Van Tyne, p. 67. Mr. Van Tyne says that Webster "here advocated a doctrine hardly distinguishable from nullification."

3

Referring to this speech of Calhoun and to Webster's reply, Mr. Lodge says:

"Whatever the people of the United States understood the Constitution to mean in 1789, there can be no question that a majority in 1833 regarded it as a fundamental law and not a compact,—an opinion which has now become universal. But it was quite another thing to argue that what the Constitution had come to mean was what it meant when it was adopted."

See also Pendleton's Life of Alexander H. Stephens, chap. XI.

4

G. H. Moore's History of Slavery in Massachusetts, p. 215.

5

Jefferson was cut to the heart by this failure. Commenting on an article entitled "États Unis" in the Encylopédie, written by M. de Meusnier, referring to his proposed anti-slavery ordinance, he said:

"The voice of a single individual of the State which was divided, or one of those which were of the negative, would have prevented this abominable crime from spreading itself over the new country. Thus we see the fate of millions unborn hanging on the tongue of one man, and Heaven was silent in that awful moment."

6

General W. T. Sherman as College President, p. 88.

7

Stuart's Life of Jonathan Trumbull says that the family name was spelled "Trumble" until 1766, when the second syllable was changed to "bull."

8

Joseph, the second son of the John above mentioned, who had settled in Suffield, Connecticut, in 1670, removed to Lebanon. He was the father of Jonathan Trumbull (1710-1785), who was governor of Connecticut during the Revolutionary War, and who was the original "Brother Jonathan," to whom General Washington gave that endearing title, which afterwards came to personify the United States as "John Bull" personifies England. (Stuart's Jonathan Trumbull, p. 697.) His son Jonathan (1740-1809) was a Representative in Congress, Speaker of the House, Senator of the United States, and Governor of Connecticut. John Trumbull (1756-1843), another son of "Brother Jonathan," was a distinguished painter of historical scenes and of portraits.

9

Reynolds wrote a Pioneer History of Illinois from 1637 to 1818, and also a larger volume entitled My Own Times. The latter is the more important of the two. Although crabbed in style, it is an admirable compendium of the social, political, and personal affairs of Illinois from 1800 to 1850. Taking events at random, in short chapters, without connection, circumlocution, or ornament, he says the first thing that comes into his mind in the fewest possible words, makes mistakes of syntax, but never goes back to correct anything, puts down small things and great, tells about murders and lynchings, about footraces in which he took part, and a hundred other things that are usually omitted in histories, but which throw light on man in the social state, all interspersed with sound and shrewd judgments on public men and events.

10

The following correspondence passed between them:

Springfield, March 4, 1843.

Lyman Trumbull, Esq.,

Dear Sir: It is my desire, in pursuance of the expressed wish of the Democracy, to make a nomination of Secretary of State, and I hope you will enable me to do so without embarrassing myself. I am most respectfully,

Your obedient servant,

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