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"He was an earnest supporter of the policy of the free homestead movement, in behalf of which he expressed his views during the first session of his term, on presenting a petition for granting the public lands, in limited quantities, to actual settlers not possessed of other land. He was also an early advocate of cheap postage and an unwearied opponent of extravagant appropriations. In July, 1855, Mr. Chase was nominated by the opponents of the Nebraska bill and the Pierce administration for governor of Ohio, and was elected. His inaugural address, delivered in 1856, recommended economy in the administration of public affairs, single districts for legislative representation, annual instead of biennial sessions of the legislature, and ample provision for the educational interests of the State. His state policy and senatorial course were now so much approved that at the national convention of the Republican party, held the same year, a majority of the Ohio delegation and many delegates from other States, desired his nomination for the presidency; but his name was, at his request, withdrawn. His first annual message to the Ohio legislature, in 1857, after reviewing the material resources, and the financial and educational condition of the State, together with its federal relations, recommended a bureau of statistics, which was accordingly established.
"During the same year, a deficit of over $500,000 being discovered in the State treasury, a few days before the semi-annual interest of the State debt became due, the decided action of Gov. Chase compelled the resignation of the State treasurer, who had concealed its existence, secured a thorough investigation, and, through a prompt and judicious arrangement, protected the credit of the State and averted a large pecuniary loss. At the close of his first term, Gov. Chase desired to retire from office, but the Republicans insisted on his renomination, which was made by acclamation. After an active canvass, the continued confidence of the people in his administration was manifested by his reëlection by the largest vote ever given for a governor in Ohio. In his annual message, in 1858, after submitting an elaborate exposition of the financial condition and resources of Ohio, he recommended semi-annual taxation, more stringent provisions for the security of the treasury, and a special attention to the State benevolent institutions, including the reform school, in which he had always manifested a deep interest. These suggestions met the approbation of the legislature, and laws were passed accordingly."
The sketch we have quoted, gives an exact and impartial, though brief, history of the political acts of Mr. Chase, but it is bloodless, without enthusiasm, and to the friends of the distinguished subject of the sketch, will seem cold, giving no adequate idea of the ability and greatness of the man; but the sketch is perfectly impartial, and accurate in every particular.
Mr. Chase, while in the Senate of the United States, bore a very high reputation as a debater and as an orator. He never descended to notice personal attacks unless his political history was called in question, and remained cool and unruffled through scenes of great excitement and under a storm of personalities. His manner is dignified and his eloquence massive. Few men can deliver a speech, which for force, solid arguments, and high-toned eloquence, will equal the best of his. He is not an impetuous orator, or man, but is always collected, calm, and self-poised. Nevertheless, he has warm and enthusiastic friends, and those who know him best esteem him most.
In his personal appearance, Mr. Chase is somewhat imposing, for he is tall, of large proportions, with a large head and face, a fine port, dignified bearing, and an eye of quick intelligence. Through his entire career, whether at the bar, in Congress, or in the gubernatorial chair, Mr. Chase has never for an instant compromised the integrity or dignity of his character.
One of the finest of his senatorial speeches was made Feb. 3, 1854, in reply to a severe attack of Mr. Douglas upon himself and two or three other gentlemen, who had issued an address to the people upon the Kansas-Nebraska act. We can only quote the closing portions of this great speech:
"Mr. President, three great eras have marked the history of this country, in respect of slavery. The first may be characterized as the era of enfranchisement. It commenced with the earliest struggle for national independence. The spirit which inspired it animated the hearts and prompted the efforts of Washington, of Jefferson, of Patrick Henry, of Wythe, of Adams, of Jay, of Hamilton, of Morris – in short, of all the great men of our early history. All these hoped, all these labored for, all these believed in the final deliverance of the country from the curse of slavery. That spirit burned in the Declaration of Independence, and inspired the provisions of the Constitution, and of the Ordinance of 1787. Under its influence, when in full vigor, State after State provided for the emancipation of the slaves within their limits, prior to the adoption of the Constitution. Under its feebler influence at a later period, and during the administration of Mr. Jefferson, the importation of slaves was prohibited into Mississippi and Louisiana, in the faint hope that these territories might finally become free States. Gradually that spirit ceased to influence our public councils, and lost its control over the American heart and the American policy. Another era succeeded, but by such imperceptible gradations that the hues which separate the two cannot be traced with absolute precision. The facts of the two eras meet and mingle as the currents of confluent streams mix so imperceptibly that the observer cannot fix the spot where the meeting waters blend.
"This second era was the era of Conservatism. Its great maxim was to preserve the existing condition. Men said, let things remain as they are; let slavery stay where it is; exclude it where it is not; refrain from disturbing the public quiet by agitation; adjust all differences that arise, not by the application of principles, but by compromises.
"It was during this period that the senator tells us that slavery was maintained in Illinois, both while a territory and after it became a State, in despite of the provisions of the ordinance. It is true, sir, that the slaves held in the Illinois country, under the French law, were not regarded as absolutely emancipated by the provisions of the ordinance. But full effect was given to the ordinance in excluding the introduction of slaves, and thus the territory was preserved from eventually becoming a slave State. The few slaveholders in the territory of Indiana, which then included Illinois, succeeded in obtaining such an ascendency in its affairs, that repeated applications were made, not merely by conventions of delegates, but by the Territorial Legislature itself, for a suspension of a clause in the ordinance prohibiting slavery. These applications were reported upon by John Randolph, of Virginia, in the House, and by Mr. Franklin, in the Senate. Both the reports were against suspension. The grounds stated by Randolph are specially worthy of being considered now. They are thus stated in the report:
"'That the committee deem it highly dangerous and inexpedient to impair a provision wisely calculated to promote the happiness and prosperity of the northwestern country, and to give strength and security to that extensive frontier. In the salutary operation of this sagacious and benevolent restraint, it is believed that the inhabitants of Indiana will, at no very distant day, find ample remuneration for a temporary privation of labor and of emigration.'
"Sir, these reports, made in 1803 and 1807, and the action of Congress upon them, in conformity with their recommendation, saved Illinois, and perhaps Indiana, from becoming slave States. When the people of Illinois formed their State constitution, they incorporated into it a section providing that neither slavery nor involuntary servitude shall be hereafter introduced into this State. The constitution made provision for the continued service of the few persons who were originally held as slaves, and then bound to service under the Territorial laws, and for the freedom of their children, and thus secured the final extinction of slavery. The senator thinks that this result is not attributable to the ordinance. I differ from him. But for the ordinance I have no doubt slavery would have been introduced into Indiana, Illinois, and Ohio. It is something to the credit of the era of conservatism, uniting its influences with those of the expiring era of enfranchisement, that it maintained the Ordinance of 1787 in the north-west.
"The era of conservatism passed, also, by imperceptible gradations, into the era of slavery propagandism. Under the influences of this new spirit, we opened the whole territory acquired from Mexico, except California, to the ingress of slavery. Every foot of it was covered by a Mexican prohibition; and yet, by the legislation of 1850, we consented to expose it to the introduction of slaves. Some, I believe, have actually been carried into Utah and into New Mexico. They may be few, perhaps, but a few are enough to affect materially the probable character of their future governments.
"Sir, I believe we are on the verge of another era. The introduction of this question here, and its discussion, will greatly hasten its advent. That era will be the era of reaction. We, who insist upon the denationalization of slavery, and upon the absolute divorce of the General Government from all connection with it, will stand with the men who favored the compromise acts, and who yet wish to adhere to them, in their letter and in their spirit, against the repeal of the Missouri prohibition. You may pass it here, you may send it to the other House, it may become law; but its effect will be to satisfy all thinking men that no compromise with slavery will endure, except so long as they serve the interests of slavery; and that there is no safe and honorable ground to stand upon, except that of restricting slavery within State limits, and excluding it absolutely from the whole sphere of federal jurisdiction. The old questions between political parties are at rest. No great question so thoroughly possesses the public mind as this of slavery. This discussion will hasten the inevitable reorganization of parties upon the new issues which our circumstances suggest. It will light up a fire in the country which may, perhaps, consume those who kindle it.
"I cannot believe that the people of this country have so far lost sight of the maxims and principles of the Revolution, or are so insensible to the obligations which those maxims and principles impose, as to acquiesce in the violation of this compact. Sir, the Senator from Illinois tells us that he proposes a final settlement of all territorial questions in respect to slavery, by the application of the principle of popular sovereignty. What kind of popular sovereignty is that which allows one portion of the people to enslave another portion? Is that the doctrine of equal rights? Is that exact justice? Is that the teaching of enlightened, liberal, progressive Democracy? No, sir; no! There can be no real Democracy which does not fully maintain the rights of man, as man. Living, practical, earnest Democracy imperatively requires us, while carefully abstaining from unconstitutional interference with the internal regulations of any State upon the subject of slavery, or any other subject, to insist upon the practical application of its great principles in all the legislation of Congress.
"I repeat, sir, that we who maintain these principles will stand shoulder to shoulder with the men who, differing from us upon other questions, will yet unite with us in opposition to the violation of plighted faith contemplated by this bill. There are men, and not a few, who are willing to adhere to the compromise of 1850. If the Missouri prohibition, which that compromise incorporates and preserves among its own provisions, shall be repealed, abrogated, broken up, thousands will say: Away with all compromises; they are not worth the paper on which they are printed; we will return to the old principles of the Constitution. We will assert the ancient doctrine, that no person shall be deprived of life, liberty or property, by the legislation of Congress, without due process of law. Carrying out that principle into its practical applications, we will not cease our efforts until slavery shall cease to exist wherever it can be reached by the constitutional action of the government.
"Sir, I have faith in progress. I have faith in Democracy. The planting and growth of this nation, upon this western continent, was not an accident. The establishment of the American Government, upon the sublime principles of the Declaration of Independence, and the organization of the Union of these States, under our existing Constitution, was the work of great men, inspired by great ideas, guided by Divine Providence. These men, the fathers of the Republic, have bequeathed to us the great duty of so administering the government which they organized, as to protect the rights, to guard the interests, and promote the well-being, of all persons within its jurisdiction, and thus present to the nations of the earth a noble example of wise and just self-government. Sir, I have faith enough to believe that we shall yet fulfill this high duty. Let me borrow the inspiration of Milton, while I declare my belief, that we have yet a country 'not degenerated, nor drooping to a fatal decay, but destined, by casting off the old and wrinkled skin of corruption, to outlive these pangs, and wax young again, and, entering the glorious ways of truth and prosperous virtue, become great and honorable in these latter ages. Methinks I see in my mind a great and puissant nation rousing herself like a strong man after sleep, and shaking her invincible locks. Methinks I see her as an eagle mewing her mighty youth, and kindling her undazzled eyes at the full midday beam; purging and unscaling her long-abused sight at the fountain itself of heavenly radiance; while the whole noise of timorous and flocking birds, with those also that love the twilight, flutter about, amazed at what she means, and in their envious gabble would prognosticate a year of sects and schisms.'
"Sir, we may fulfill this sublime destiny, if we will but faithfully adhere to the great maxims of the Revolution; honestly carrying into their legitimate practical applications the high principles of democracy; and preserve inviolate plighted faith and solemn compacts. Let us do this, putting our trust in the God of our fathers, and there is no dream of national prosperity, power, and glory, which ancient or modern builders of ideal commonwealths ever conceived, which we may not hope to realize. But if we turn aside from these ways of honor, to walk in the by-paths of temporary expedients, compromising with wrong, abetting oppression, and repudiating faith, the wisdom and devotion and labors of our fathers will have been all – all in vain.
"Sir, I trust that the result of this discussion will show that the American Senate will sanction no breach of compact. Let us strike from the bill the statement which historical facts and our personal recollections disprove, and then reject every proposition which looks toward a violation of the plighted faith and solemn compact which our fathers made, and which we, their sons, are bound, by every tie of obligation, sacredly to maintain."
Mr. Chase's opinions respecting the independence of the State courts can be gathered from his message to the Ohio Legislature, Jan. 4, 1858. We quote:
"A disposition has been manifested, within the last few years, by some of the officials of the Federal Government, exercising their functions within the limits of Ohio, to disregard the authority, and to encroach upon the rights of the State, to an extent and in a manner which demands your notice.
"In February, 1856, several colored persons were seized in Hamilton County as fugitive slaves. One of these persons, Margaret Garner, in the frenzy of the moment, impelled, as it seems, by the dread of seeing her children dragged, with herself, back to slavery, attempted to slay them on the spot, and actually succeeded in killing one. For this act, she and her companions were indicted by the grand jury for the crime of murder, and were taken into custody upon a writ regularly issued from the Court of Common Pleas.
"While thus imprisoned under the legal process of a State court, for the highest crime known to our code, a writ of habeas corpus was issued by a judge of the District Court of the United States, requiring their production before him. The writ was obeyed by the sheriff, and, contrary to all expectations, and in disregard, as I must think, of principle and authority, the prisoners were taken from his custody by order of the judge, and, without allowing any opportunity for the interposition of the State authorities, delivered over to the Marshal of the United States, by whom they were immediately transported beyond our limits. The alleged ground for this action and order was that the indicted parties had been seized as fugitive slaves upon a Federal Commissioner's warrant, before the indictment and arrest, and that the right to their custody, thus acquired, was superior to that of the sheriff, under the process of the State. This doctrine must necessarily give practical impunity to murder whenever the murderer may be seized by a federal official as a fugitive from service before arrest for the crime under State authority. Imputing no wrong intention to the judge, I am constrained to add that his proceeding seems to me an abuse, rather than an exercise, of judicial power.
"A similar case occurred more recently in the county of Champaign. Several deputies of the federal marshal having arrested certain citizens of this State for some alleged offence against the Fugitive Slave act, a writ of habeas corpus was issued by the probate judge of that county, requiring the arrested parties to be brought before him for inquiry into the grounds of detention. The sheriff of Clark County, while attempting to execute this writ, was assaulted by these petty officials and seriously injured, while his deputy was fired upon, though happily without effect. A warrant was issued by a justice of the peace for the apprehension of the perpetrators of these offences. This warrant was duly executed and the prisoners committed to jail under the custody of the sheriff of Clark County. A writ of habeas corpus was then issued by the same district judge who had interposed in the case of Margaret Garner, requiring the sheriff of Clark County to produce his prisoners before him at the city of Cincinnati. This writ was also obeyed, and the prisoners were discharged from custody by the order of the judge, on the ground that being federal officers, and charged with the execution of a federal writ, they had a right to overcome, by any necessary violence, all attempts made under the process of a State court, to detain them or their prisoners, even for inquiry into the legality of the custody in which those prisoners were held.
"This principle cannot be sound. It subverts effectually the sovereignty of the State. It asserts the right of any district judge of the United States to arrest the execution of State process, and to nullify the functions of State courts and juries, whenever in his opinion a person charged with crime under State authority has acted in the matter forming the basis of the charge, in pursuance of any federal law or warrant. No act of Congress, in my judgment, sanctions this principle. Such an act, indeed, would be clearly unconstitutional, because in plain violation of the express provision which requires that the trial of all crimes shall be by jury.
"It is deeply to be regretted that collisions of this kind should occur. The authorities of Ohio have never failed in due consideration for the constitutional rights of federal courts, nor will they thus fail. But they cannot admit, without dishonor, that State process is entitled to less respect than federal, nor can they ever concede to federal writs or federal officials a deference which is not conceded to those of the State.
"The true course is one of mutual respect and mutual deference. Whenever, in any inquiry upon habeas corpus, by any court, State or federal, it may be ascertained that the applicant for the writ is detained under valid process in pursuance of a constitutional law, he should be remanded at once to the custody from which he may have been taken for trial in due course. No investigation should take place into the guilt or innocence of the party charged, or, what is substantially the same thing, whether the facts were justified by the authority under which the applicant was acting at the time. Inquiries of this character are for juries upon a regular trial and in open court; not for a judge at chambers. If made upon one side upon habeas corpus, they must also be made upon the other. If federal courts are to protect federal officials from prosecution by State courts for alleged violations of State law, State courts in their turn must protect State officers from prosecution in federal courts, under similar circumstances. Hence, dangerous conflicts must arise, and imminent peril both to liberty and union.
"If such conflicts must come, to the extent of the power vested in me, I shall maintain the honor of the State, and support the authority of her courts."
We have scarcely given the reader a sample of Mr. Chase's style of speech, or opinions on the slavery question, and it is quite possible we have not given the most eloquent extracts which may be found in his public speeches and messages, but we have quoted enough to show every intelligent reader who Mr. Chase is and what his opinions are.
EDWARD BATES
We shall only give an outline sketch of Edward Bates, of Missouri, for though a man whose name is prominently before the public, yet he has seen little of that congressional life which gives a man a political record.
Mr. Bates was born in Goochland County, Virginia, on the 4th of September, 1793, being the seventh son and twelfth child of Thomas F. Bates. His ancestors came from the west of England to the Jamestown settlement as early as 1625, and they were plain people of the middle rank of English life. They were Quakers, and remained so for more than a century – some of the descendants to this day. The ancestors of Mr. Bates, however, forfeited membership in the Society of Friends – or we should say, rather, Mr. Bates' father, Thomas F. Bates, lost his membership with the Society for bearing arms in the war of the Revolution. A noble cause to die for, and certainly to lose ecclesiastical relations for! He was at the siege of York; and his children from that day were no more Quakers.
The scholastic education of Mr. Bates was not perhaps first-class. He entered no college and passed through with no "course," but was, nevertheless, well taught in the elements, at home, by his father and a kinsman, Benj. Bates, of Hanover; at school, for several years, at Charlotte Hall Academy, Maryland; and a most excellent school it was.
The choice of the young man for a profession was the navy, and in the winter of 1811-12, a midshipman's warrant was offered him; but in deference to the wishes of his mother, he declined it and gave up his choice. This fact gives a key to the man's character. He has always been willing to do his duty, however great the personal sacrifice. In 1813, he served as a volunteer at Norfolk, Va., in a militia regiment. In 1814, he emigrated to St. Louis, under the kind care of his elder brother, Frederick Bates, then Secretary of Missouri Territory, and afterward Governor of the State. He entered the law office of Rufus Easton, an eminent lawyer, who was in his time a delegate from the territory in Congress. In 1816, he was duly licensed to practise law, and succeeded so well that in 1819 he was appointed Circuit Attorney. In 1820, he was one of the eight men who represented St. Louis County in the convention which formed the State Constitution for Missouri. Later, he was the Attorney-General of the State; and later yet, was elected for several times to both houses of the Missouri General Assembly. In 1824, President Monroe appointed him U.S. Attorney-General for the Missouri District. In 1826, he was elected to Congress, where he served honorably for two years. In 1828, he ran again, but was beaten by the storm of Jackson politics. This result of the congressional campaign seemed to disgust him with public political life, and he quietly withdrew to private life. He has since steadily practised law to support a large family – with one exception. In 1853, he was elected Judge of the St. Louis Land Court. After performing the duties of the office for about three years, he resigned it and went back to the practice of the law.