Chapter VII: Part 7

In 1854, Mr. Banks was taken up by the Americans and Republicans, and sent again to Congress, where, after a memorable _two months'_ contest, yet fresh in the reader's memory, he was elected Speaker of the House of Representatives. No man has ever surpassed, if one has ever equalled him, as a speaker of that turbulent body, and he left the post with the highest honors. He was reelected to Congress, but after taking his seat and remaining a month at Washington, he resigned it to assume the governorship of Massachusetts, to which office the people of the State had elected him by a tremendous majority.

He was reelected in the fall of 1858 by a heavy majority, and at this time fills the Governor's chair. This, in a few words, is Governor Bank's political career. As a politician, he has shown himself shrewd, as a presiding officer prompt, graceful, commanding, and as an administrator, a governor, he has proved himself to be a man of rare genius. This, in fact, is Governor Bank's _forte_. He has a genius _for governing men_--that most rare of all gifts. He cannot be said to have made a political blunder in his life, speaking after the fashion of political men.

It is of great importance to the people what are the _political opinions_ of such a man as Governor Banks. But he is so cautious, so reticent, that upon some points it is difficult to state his exact position. In a letter, addressed by Mr. Banks to the Republican Convention of Worcester--in the fall of 1857, Mr. Banks states his opinions upon some of the prominent questions of the day. We will make a few extracts:

"My opinions upon all questions relating to the General Government
of the States, have been made public during my connection with an
office from which I have been but recently relieved, and also by
my course in the late Presidential canvass. I resisted the repeal
of the Missouri Compromise, and I am still opposed to that
measure, as I am to all acts of the late and present
administration, whether of an executive, legislative, or judicial
character, which have been devised to maintain or to perpetuate
the original purpose of that flagitious wrong; and I shall
earnestly advocate the admission of Kansas into the Union of
States, under its own charter of freedom. I am opposed to the
further extension of slavery, or to the increase of its political
power. I believe that the Constitution confers upon Congress
sovereign power over the territories of the United States for
their government; and that, in the exercise of its authority, it
is its duty to prohibit slavery or polygamy therein. I shall
support the most energetic measures which the Constitution admits,
for the development of the moral and material interests of the
American people, defend the sovereignty of the States against
executive or judicial encroachment, and contribute all in my power
for the restoration of the General Government to the principles of
the fathers of the Constitution and the Union.

"I am opposed to the recent decision of the Supreme Court of the
United States, not only upon the ground that it controverts the
principles and overthrows all the precedents of our history upon
the subject of slavery, but that it assumes to decide, as a
judicial problem, the question whether slavery shall be
established in this State, which has been, and ought to be, left
as a political question for the people of the State to determine
for themselves.

"It is pleasant for us at all times to recall the traditions of
our fathers, to repeat their affirmation of principles, which seem
to us to be self-evident truths, and which were announced to the
world by men who were ready and able to support them in council,
and to defend them in the field. But it is a pleasure that cannot
be enjoyed apart from the conviction that it is for us an equal,
if not a higher duty, vigilantly to course every means that will
tend to insure and perpetuate their supremacy, on this continent
at least. If it shall hereafter appear that our Government has
departed therefrom, and joined itself to other and false political
doctrines, I trust that it may never be said of the people of
Massachusetts, that an unreasonable refusal of minor concessions,
or their immaterial diversities of opinions--always the bane of
republics--gave success and perpetual power to their opponents. No
one can doubt that a vast majority of the people of the United
States are opposed to the policy represented by the slavery
propagandists; and still less can we doubt that it is their
diversity of opinion in non-essentials that encourages the
Government with hopes of success, and constantly defeats the
purposes of the people. It is no less a shame for us, under such
circumstances, to admit our incapacity to maintain our principles,
than to acknowledge a defection from the faith of our fathers.

"In our age, with our lights, success is a duty. The graves of the
past proclaim that failure must be the fault of the people, and
not of their cause. But there will be no permanent failure. There
was never a more auspicious hour for the friends of freedom than
the present. To whatever policy the Government may now devote its
energies, political power must soon fall into new hands. And when
power shall pass into the hands of the young men of this age, I
can entertain no doubt that, like the young men of a past age, to
whom Jefferson appealed, and who were his constant supporters in
the great battles of his day, for the suppression of the slave
trade, and the ultimate supremacy of Liberty in the early councils
of our people, they will give renewed life to a national policy of
freedom, traditional and true, which must be the basis of all
moral or material prosperity, and which is dictated alike by
conscience and common sense. I rejoice with an inward joy, that
the young men of Massachusetts, as it were by spontaneous
movement, and with a true appreciation of their duty and power,
have assumed a position and unfurled a flag that will be hailed in
other States as a harbinger of a better age--a radiant star, that
shall lead to new and decisive victories for the good old cause.

"The affairs of our State demand no less our attention. There is
now an unusually favorable opportunity for the initiation of
political changes of great importance, which cannot fail to be
acceptable to all classes of people. Of these, restricted sessions
of the legislature, and heavy retrenchment in State expenditures,
are of lasting importance. Our people, constantly engaged in
pursuits of commerce, manufactures, mechanic arts, and
agriculture, have a right to demand of the Government that it
shall meet, without evasion, the necessities of the time, and
enable them, without following the constant changes of
partisanship, to hold their servants to an immediate and direct
responsibility."

It is not easy to say how closely Mr. Banks has been connected with Americanism in Massachusetts. It is very certain that he _used_ Americanism, and that he guided it, but to what extent he has adopted, at any time, its doctrines, we cannot say. It has been said that Mr. Banks was opposed to the "Two Years' Amendment" recently adopted by the voters of Massachusetts, but he failed to show his hand upon it one way or the other. The Americans, we believe, claim that Mr. Banks is one of them in principle, but upon what grounds we know not.

Mr. Banks, though formerly a Democrat, is understood to be in favor of a moderately protective tariff. He is, as the extracts we have quoted show, decidedly opposed to the extension of slavery, but does not occupy, as an opponent of slavery, such advanced ground as that upon which Mr. Seward stands. He is opposed to agitation upon the slavery question, except in self-defence, while Mr. Seward is for battle, open and decided, but constitutional, till slavery is driven from the continent.

JOSEPH LANE.

Gen. Lane occupies a somewhat prominent position before the country in reference to the Presidency. Not because he professes to be a leading statesman of the country, for it is but recently that he has become a national legislator, or participated, to any great extent, in national politics. But possibly for this very reason many eyes are turned toward him as a fit subject for the suffrages of the Charleston convention.

Joseph Lane is a native of North Carolina, and was born December 14, 1801. In 1804 his father removed his family to Kentucky, and in 1816 young Joseph crossed the Ohio, and entered a store in Warwick County, Indiana. What his opportunities were, in early life, for education, we do not learn, but that they were slight cannot be doubted--a common school education being all that was within his reach. The rest he procured for himself in the wide school of the world.

For several years Lane followed a mercantile life, marrying early, and changing his residence to Vanderberg County. He first tried the paths of public life as a member of the Indiana legislature, the people of Warwick and Vanderberg counties liking him so well that they invited him to become their representative in the State legislature. He proved himself to be a capable, and, indeed, popular legislator, so much so, that his constituents kept him in the Senate or House of Representatives of the State, off and on, for more than twenty years. He was always in the legislature a manager, rather than a talker. He has never claimed the title of orator, for he was not bred to it, nor ever had an aptness for it. But he showed at once that he possessed a genius for legislation, and was kept constantly by the people at the business. In the Indiana legislature, he strenuously opposed the project of repudiation which, in the dark days of Indiana, was supported by many of her citizens and politicians. His independent course against the proposed measure of dishonor, was all that saved the State from the terrible step, and this fact is generally admitted by her people, irrespective of their politics.

The military career of Gen. Lane now began, and is sketched by one of his friends in the following language:

"In the Mexican war, Gen. Lane was among the first to respond to the call for volunteers, by enlisting as a private in the 2d Indiana regiment, of which he was subsequently elected colonel. He, however, took the field with the rank of brigadier general, having been commissioned by President Polk, at the solicitation of the Indiana Congressional delegation. His subsequent conduct fully justified this honor. Soon after reaching Mexico, he was appointed by General Butler civil and military governor of Saltillo, but after the battle of Monterey, received orders to join General Taylor with his brigade. He was first under fire at the terrible battle of Buena Vista, on the 22d and 23d of February, 1847, and particularly distinguished himself in the furious encounters of the second day. With a command reduced to 400 men, by details sent to check a flank movement of Santa Anna, General Lane maintained the position he occupied against an attack of 6,000 Mexicans. It appears almost incredible that he was enabled to roll back such an overwhelming force. When Santa Anna made his last desperate attack on the Illinois and Kentucky regiments, General Lane, at a critical moment, hastened to their support, and his timely aid enabled the column to reform and return to the contest, and thus contributed largely to the victory that crowned the American arms. In September, 1847, General Lane was transferred to Scott's line. On the 20th of September he took up his line of march for the capital at the head of a column of volunteers, including some horse, and two pieces of artillery, and amounting in all to about 2,500 men. On the way, Major Lally joined him with 1,000 men, and at Jalapa his force was further augmented by a company of mounted riflemen, two companies of infantry (volunteers), and two pieces of artillery. At this time the gallant Colonel Childs, U.S.A., was holding out Puebla, against a siege conducted by Santa Anna in person. Foiled in this effort, the Mexican general moved toward Huamantla, with the purpose of attacking General Lane's column in the rear, simultaneously with another attack from the direction of Puebla. But General Lane, who, throughout the campaign, exhibited the highest military qualities, penetrated the design of the enemy, and leaving a detachment to guard the wagon trains, diverged from the main road and marched on to Huamantla, which he reached on the 9th of October. The Mexicans, dismayed at his unexpected appearance, hung out white flags, and the Americans began to enter the city.

"The treacherous Mexicans, however, opened a fire on his advanced guard, under Captain Walker, and a terrible contest took place in the plaza. General Lane, in the meanwhile, was engaged with the reinforcement brought up under Santa Anna; but after a furious battle, the Americans were victorious, and the stars and stripes waved in triumph over Huamantla. The remains of the Mexican force fell back on Atlixo, where they were rallied and reinforced by General Rea. General Lane, coming up after a long and fatiguing march, found the enemy strongly posted on a hill-side about a mile and a half from the town, and immediately gave them battle. After a desperate conflict, the Mexicans gave way, and threw themselves into Atlixo. At nightfall, General Lane established his batteries on a commanding eminence, and opened his fire on the town; but the Mexican troops having retreated, the civil authorities immediately surrendered the place, and the Americans took possession of it. Throughout the remainder of the campaign, General Lane was in active service, and contributed greatly to its fortunate issue. His operations exhibited a striking combination of intelligence and daring. With a Napoleonic celerity of movement, he appeared almost ubiquitous. Wherever and whenever his presence was most needed, then and there did the 'Marion of the Mexican war' make his appearance. The long marches executed by his command excited the admiration of military men as much as their chivalric daring in the field. General Lane succeeded in infusing into his troops his own spirit of patient toil and brilliant valor. After marching many leagues under a broiling sun, reflected from arid plains and rocks, through rugged defiles and lonely valleys, the presence of the enemy always found them ready to rush into battle, resistless and undaunted. Far away from the scenes of strife, we read of General Lane's exploits with mingled admiration and astonishment, and the barbarous names of Tlascala, Matamaros, Galaxa, Tulaucingo, became 'familiar in our mouths as household words,' when illustrated by the valor of the American general. The story of his deeds read like a romance, and there was that in the character of the gallant volunteer which enlisted the warmest sympathy. He was the true type of the American citizen soldier, abandoning the tranquil delights of home, and the honors of a civic career, for the toils and dangers of war, at the call of his country, and learning the military art by its exercise. To the fiery and impetuous valor which distinguishes the French soldier, General Lane united the stern resolution which characterized the old Roman warrior, but he repudiated the Roman military maxim, 'Woe to the vanquished!' as unworthy of an American officer. The wounded enemy received as much attention at his hands as a wounded comrade, and as he had communicated to his men his spirit of endurance and valor, so he impressed them by his example of humanity and moderation in victory. In July, 1848, General Lane returned to the United States, and was appointed by President Polk, Territorial Governor of Oregon. After a perilous journey, he reached his post in March, 1849, and immediately organized the government. After being superseded by Governor Gaines, under Taylor's administration, he was elected by the people of Oregon, with whom he was universally popular, as delegate to Congress. In 1853, the outrages of the Indians in the southern part of Oregon, called him once more to the field at the head of a small force of volunteers and regular troops, and after a desperate battle near Table Rock, in which he was severely wounded, he succeeded in forcing them into submission and peace."

General Lane labored faithfully to bring Oregon into the Union, and at last succeeded, for in February, 1859, the Oregon bill passed the House of Representatives, and he having been elected senator of the young State took his seat in that body, and chose the long, or six years' term.

General Lane has taken little part, as we have said, in the recent party politics of the day, though, in the winter of 1857-8, he did make a speech in defence of the Lecompton Constitution. He was not however ultra in his sentiments. We quote his speech, which was short, on the admission of Oregon into the Union. It will be seen that portions of the speech relate to General Lane's personal history:

"Mr. Speaker, I have not yet had an opportunity of addressing
myself to the House in behalf of the admission of Oregon. It is a
matter of very great importance to the people of that territory,
and of the whole country. I would not now trespass on the time of
the House, were it not for the purpose of making a personal
explanation.

"I find in the 'Oregon Statesman,' a paper published at Salem,
Oregon, a letter purporting to have been written from this city,
bearing date the 17th of June last, in which it is charged that I
had managed to prevent action on the admission bill, for the
purpose of obtaining double mileage if elected to the Senate. If
that letter had not been published in a Democratic paper, I would
not have noticed it; but as it has been, I feel it my duty to say,
that if the letter was written here, the writer of that letter
knew very little about me.

"Money, I thank God, has not been a consideration with me in the
discharge of my official duty. It has had no influence over my
action, official, moral, political, or social. I have never
coveted money. I desire only the reputation of an honest man; and
that I intend to deserve always, as I have deserved heretofore
that reputation. I did all I could to bring Oregon in; and when I
found we could not, I said to you, Mr. Speaker, I said to the
Sergeant-at-Arms of the Senate, I said to the Sergeant-at-Arms of
the House, that if elected and admitted to the Senate, I would not
take double mileage, or double compensation. Throughout all my
official action, I have studied the strictest principles of
economy toward the Government. When I was appointed Governor of
Oregon territory, in 1848, I paid for my own outfit, and travelled
across the plains to the territory of Oregon without the cost to
the Government of a single cent. When I arrived at San Francisco,
I had to make the trip from there to Oregon by water. I had run
out of money, and I borrowed enough to pay my passage to Oregon
City, and I paid it as soon as I earned it out of my salary.
Though I was offered a free passage by the quartermaster, who went
out in the same vessel with a small detachment of troops, and who
thought I was entitled to a free passage, yet I declined to accept
the offer.

"Then, in the discharge of my duties of Governor, in the
management of Indian affairs, I can say, that, for the smallness
of those expenses, there is no parallel to my administration in
that respect. During the time I was Governor of Oregon, and _ex
officio_ superintendent of Indian affairs, I visited fifty-odd
tribes of Indians, and gave them presents, small in amount, it is
true, but such as were necessary to keep them in a good
disposition toward the whites; and that for the whole amount of
expenses in travelling, I made not a cent of charge. My accounts
show not a single charge against the Government; and the whole
amount of expense, of whatever nature, for the whole eighteen
months that I visited those tribes of Indians, was less than three
thousand dollars. I mention these things in the way of a personal
explanation against the charges of a letter-writer.

"MR. KILGORE.--I wish to ask the gentleman from Oregon a question.
I understood him to remark that he would not have noticed the
matter had it been published in a Republican paper. Will the
gentleman let us know why he would not have noticed it if it had
been published in a respectable Republican newspaper?"

"MR. LANE.--The Republican papers have taken the liberty so often
of giving me so many hard raps that I have got used to it, and I
would not have taken it to heart. But this appears in a Democratic
paper, and in a paper that has had the Government public printing.
This is a fire in the rear that I do not like.

"I will say this: that I have had no cause of complaint of
letter-writers since I have been a delegate upon this floor. Very
few of them have taken the trouble to notice me favorably, and I
am sure I never should desire them to notice me unfavorably; but I
will say in vindication, or rather to the credit of the
letter-writers in this city, that I do not believe that this
letter was written in Washington. I believe it was written in
Oregon territory, and with a view, in my absence, to affect my
character as a public servant and as an honest man, and with a
view to prejudice the admission of Oregon; and perhaps in order
that the editor of this Democratic paper might still have the
benefit of his thousands of dollars annually for the public
printing.

"I have said this much about the letter-writers; and now I must be
allowed, as I feel the deepest interest in the admission of
Oregon, to say a few words upon this subject.

"MR. GOOCH.--I wish to ask the gentleman from Oregon if, in case
Oregon is admitted and he has a vote at either end of this
Capitol, he will vote to relieve Kansas from the effect of the
English bill, so called, and let her present herself for admission
when she chooses?

"MR. LANE.--I do not come here to make any bargain, contract, or
promises. I am an honest man; and if I am permitted to go into the
Senate I shall exercise a sound discretion and judgment, and with
a strong desire to promote the general good, prosperity and
welfare of a country that I love more than life; and I believe
that my official action through life is a guaranty that in all
matters I will do what I believe to be right.

"Now, Mr. Speaker, Oregon territory is peculiarly situated. I
think if there ever was a case in this country where a people were
entitled to the care, the protection, and aid of this Government,
it is the people of that territory. They went out there at a very
early day. I heard with pleasure, from gentlemen on the other side
of the House, a partial history of the early settlement of that
country. As early as 1832, 1833, and 1834, and from that time down
to 1839 and 1840, the missionary societies of this country took it
into their heads very wisely to establish missionaries upon the
Pacific. They sent out good and educated men, men who had a strong
desire to civilize the savages, to inculcate religious principles
among them, and encourage habits of industry and civilization.
Their missions were assisted by many old trappers, who, though
they had spent many years in the mountains, in pursuit of game and
furs, were yet men who had noble and pure hearts, and who readily
offered such aid and assistance as was in their power. Settlements
grew up around the missionary posts. Every effort was put forth by
these good people to influence the habits of the savages. They
were urged to be led upon the paths of Christianity and
civilization.

"In 1841, these settlements had been extended all over the
country, and their welfare depended upon order and good
government. They, therefore, organized themselves into a temporary
provisional government. A board was appointed to enact laws, and
judges were selected for the decision of all matters in dispute.
That provisional government continued until 1843, when a regular
form of government was adopted. George Abernethy was elected
Governor. A Legislative Assembly was created, judges were
appointed, and all the operations of a government went on as
smoothly as they do in any of the territories of the United
States. A post-office department was established, and mail service
was performed throughout the territory. Communication thus was
kept up with all sections of the Union and Oregon. That government
continued until 1848, when, by act of Congress, the laws of the
United States were extended over Oregon, and a territorial
government was voted to her. When I arrived there, in the winter
of 1848, I found the provisional government I have referred to,
working beautifully. Peace and plenty blessed the hills and vales,
and harmony and quiet, under the benign influence of that
government, reigned supreme throughout her borders. I thought that
it was almost a pity to disturb the existing relations--to put
that government down and another up. Yet they came out to meet me,
their first Governor under the laws of the United States. They
told me how proud they were to be under the laws of the United
States; and how glad they were to welcome me as holding the
commission of the General Government. Why, sir, my heart waxed
warm to them from that day.

"Mr. Speaker, can any man upon this floor reconcile it with the
common dictates of justice to deny to this people a State
government? They are law-abiding; they have population; they are
competent for self-government: wherein is it that they are
deficient? My friend from Tennessee [Mr. Zollicoffer] said that he
voted for Kansas because of fear of disturbances; because,
forsooth, they were outlaws and bad men. Would not that be a
reward for defiance of the law?

"MR. ZOLLICOFFER.--The statement of the gentleman from Oregon does
me a great injustice. On the Kansas question there was great
excitement, connected with the question of slavery, which agitated
the public mind of the whole Union to such an extent that I
regarded it my duty to aid to bring Kansas into the Union, and at
once settle the agitation attaching to that territory. This
consideration was, to my mind, paramount to that of population.

"MR. DAVIS, of Mississippi.--I desire to ask the gentleman from
Oregon whether, from his knowledge of the country, he believes
there are ninety-three thousand four hundred and twenty people
there?

"MR. LANE.--I do. From my knowledge of the country, from the rapid
increase of population there, I believe that there are
ninety-three thousand four hundred and twenty inhabitants there;
ninety-three thousand four hundred and twenty white people, no
Chinamen or negroes counted. I am not only satisfied of that, but
I can show, I think, that Oregon, before the apportionment in
1870, will stand here with her representatives representing three
hundred thousand people.

"Mr. Speaker, she comes here with a constitution regularly framed,
and adopted by her people. It is the wish of those people that
they shall assume the responsibilities of State government. Are
they not entitled to it? Now I would ask the friends of her
admission to vote down all amendments. If the bill is to stand,
let it stand as it came from the Senate. If it is to fall, then
let it fall upon that bill. Do not refuse her request by
indirection; let the issue be fairly and openly made. She has been
fair and honest in her dealings with us, and why should we be
otherwise to her? My northern friends will believe me when I say
that the rights of every State of the Union are as dear to me as
those of Oregon. If I have a seat in Congress, I will be, at all
times, prompt to resent any trespass on the rights of the States
as secured by the Constitution. My affection rests on every inch
of this Union--East and West, North and South. The promotion of
the prosperity of this great country is the strongest desire of my
heart. I then ask gentlemen, on all sides of the House, on what
principle of justice or right, the application of Oregon can be
refused?"

In his personal appearance Mr. Lane is dignified and commanding. He is uniformly good natured and his intimate friends assert that in his judgments of men and political parties he is very fair. He is tall, with a fine forehead, greyish hair, and florid complexion. As a speaker, we have remarked, he is not distinguished, though he is perfectly at his ease while delivering a speech in Congress.

JOHN McLEAN.

John McLean, or rather Judge McLean--for by the last name he is everywhere known--has been member of Congress, Post Master-General, General Land Office Commissioner, Judge in the State of Ohio, and finally Judge of the Supreme Court of the United States. We can add that the man so prominent, so successful, is worthy of all his advancement, for he has ever been a man of unswerving integrity, and of lofty character. He was born in Morris County, New Jersey, on the 11th of March, 1785. Four years later, his father, who was poor, removed to the West--first to Morganstown, Virginia, next to Jessamine, Kentucky, and finally to what is now Warren County, Ohio. This was then a wild country, and the hardy pioneer went at work and cleared up a farm in it, whereon he resided forty years, and died in the home which he had made in the wilderness. Here, too, lived John McLean, the subject of this sketch, and worked upon the farm which he afterward owned. There were few opportunities within his reach to obtain a good education--this was at the beginning of the present century--but to such schools as were to be found near home he was sent, and made such rapid progress that when he was sixteen years of age he was put under the care of a neighboring clergyman that he might study the languages, and as his father's means were still somewhat limited, he entirely supported himself and paid his tuition expenses by his labor. He was already ambitious, and determined to study the law. When he was eighteen years old, he made an engagement to write in the clerk's office of Hamilton County, in Cincinnati, and entered the law office of Arthur St. Clair, then an eminent lawyer of Cincinnati. His writing in the clerk's office supported him, though he was obliged to practise the closest economy. He took part in a debating society, and by practice fitted himself for his future business. In the spring of 1807, he married a Miss Edwards--before he was admitted to the bar--which was doubtless in the eyes of all his prudent friends a very foolish act. But so it did not turn out to be. Miss Edwards made him an excellent wife, and the early marriage saved him from vice and dissipation into which so many young men of his profession plunge at his age. In the fall of the same year, Mr. McLean was admitted to the bar, and returned to Warren County, where he speedily secured a large legal business.

In 1812, he became a candidate for Congress, his district then including Cincinnati. He had two competitors, but was chosen by a large majority. One of his friends writes:

"From his first entrance upon public life, John McLean was identified with the Democratic party. He was an ardent supporter of the war, and of the administration of Mr. Madison, yet not a blind advocate of every measure proposed by the party, as the journals of that period will show. His votes were all given in reference to principle. The idea of supporting a dominant party, merely because it was dominant, did not influence his judgment, or withdraw him from the high path of duty which he had marked out for himself. He was well aware, that the association of individuals into parties was sometimes absolutely necessary to the prosecution and accomplishment of any great public measure. This he supposed was sufficient to induce the members composing them, on any little difference with the majority, to sacrifice their own judgment to that of the greater number, and to distrust their own opinions when they were in contradiction to the general views of the party. But as party was thus to be regarded as itself, only an instrument for the attainment of some great public good, the instrument should not be raised into greater importance than the end, nor any clear and undoubted principle of morality be violated for the sake of adherence to party. Mr. McLean often voted against political friends; yet so highly were both his integrity and judgment estimated, that no one of the Democratic party separated himself from him on that account. Nor did his independent course in the smallest degree diminish the weight he had acquired among his own constituents.

"Among the measures supported by him, were the tax bills of the extra session at which he first entered Congress. He originated the law to indemnify individuals for property lost in the public service. A resolution instructing the proper committee to inquire into the expediency of giving pensions to the widows of the officers and soldiers who had fallen in their country's service, was introduced by him; and the measure was afterward sanctioned by Congressional enactment. By an able speech he defended the war measures of the administration; and by the diligent discharge of his duties in respect to the general welfare of the country, and the interests of his people and district, he continued to rise in public estimation. In 1814, he was re-elected to Congress by the unanimous vote of his district, receiving not only every vote cast in the district for representative, but every voter that attended the polls voted for him--a circumstance that has rarely occurred in the political history of any man. His position as a member of the committee of foreign relations and of the public lands, indicates the estimation in which he was held, and his familiarity with the important questions of foreign and domestic policy which were in agitation during the eventful period of his membership."

In 1815, he was urgently solicited to become a candidate for the U.S. Senate, but he declined. He was then but thirty years of age. In 1816, he was unanimously elected judge of the Supreme Court of the state of Ohio and he resigned his seat in Congress. While in Congress he voted for a bill giving to each member a salary of $1,500 a year instead of the per diem allowance.

Judge McLean presided on the bench in Ohio for six years, during which time he won for himself an enviable judicial reputation. In 1822, he was appointed commissioner of the general Land Office by President Monroe; and in 1823, he entered the cabinet as Postmaster General. As Postmaster General he secured a fine reputation, improving its finances and in every possible way improving the postal facilities of the country. By an almost unanimous vote of Congress his salary was increased from $4,000 to $6,000.

"The distribution of the public patronage of his department exhibited in another respect his qualities as an executive officer, and manifested the rule of action that has always marked his character. The principle upon which executive patronage should be distributed, has been one of the most important questions in this government, and has presented the widest variation between the profession and practice of individuals and parties. In the administration of the post-office department by Judge McLean, an example was presented in strict consistence with sound principles of republican government, and just party organization. During the whole time that the affairs of the department were administered by the judge, he had necessarily a difficult part to act. The country was divided into two great parties, animated by the most determined spirit of rivalry, and each bent on advancing itself to the lead of public affairs. A question was now started, whether it was proper to make political opinions the test of qualification for office. Such a principle had been occasionally acted upon during the preceding periods of our history; but so rarely, as to constitute the exception, rather than the rule. It had never become the settled and systematic course of conduct of any public officer. Doubtless every one is bound to concede something to the temper and opinions of the party to which he belongs, otherwise party would be an association without any connecting bond of alliance.

"But no man is permitted to infringe any one of the great rules of morality and justice, for the sake of subserving the interests of his party. It cannot be too often repeated, nor too strongly impressed upon the public men of America, that nothing is easier than to reconcile these two apparently conflicting views. The meaning of party, is an association of men for the purpose of advancing the public interests. Men thrown together indiscriminately, without any common bond of alliance, would be able to achieve nothing great and valuable; while united together, to lend each other mutual support and assistance, they are able to surmount the greatest obstacles, and to accomplish the most important ends. This is the true notion of party. It imports combined action; but does not imply any departure from the great principles of truth and honesty. So long as the structure of the human mind is so varied in different individuals, there will always be a wide scope for diversity of opinion as to public measures; but no foundation is yet laid in the human mind for any material difference of opinion, as to what constitutes the great rule of justice.

"The course which was pursued by Judge McLean was marked by the greatest wisdom and moderation. Believing that every public officer holds his office in trust for the people, he determined to be influenced by no other principle in the discharge of his public duties, than a faithful performance of the trust committed to him. No individual was removed from office by him, on account of his political opinions. In making appointments where the claims and qualifications of persons were equal, and at the same time one was known to be friendly to the administration, he felt himself bound to appoint the one who was his friend. But when persons were recommended to office, it was not the practice to name, as a recommendation, that they had been or were warm supporters of the dominant power. In all such cases, the man who was believed to be the best qualified was selected by the department."

In 1829, General Jackson appointed Mr. McLean to the bench of the Supreme Court of the United States, he having previously declined the War and Navy Departments, although the two men differed somewhat in their ideas of public policy. In January, 1830, he took his seat upon the bench, and since that time the only indications of Judge McLean's opinions on the political issues of modern times which the public could notice, have been afforded by his published decisions involving the question of slavery. Some years since, the private friends of Judge McLean were aware that he sympathized very deeply with the Anti-Slavery reformers of the West and North, and that he did not approve of the political principles of the Democratic party, as laid down in their regular platforms, on this subject. He may be safely set down as a conservative opponent of negro slavery, and its extension into the territories of the republic. In the last Presidential election he voted for John C. Fremont, which would seem to settle the question as to his political affinities. He is a Republican.

From Judge McLean's opinion, delivered in the Dred Scott case, we gather his views upon some of the more prominent political issues of the day:

"As to the locality of slavery. The civil law throughout the
continent of Europe, it is believed, without an exception, is,
that slavery can exist only within the territory where it is
established; and that, if a slave escapes, or is carried beyond
such territory, his master cannot reclaim him, unless by virtue of
some express stipulation.

"There is no nation in Europe which considers itself bound to
return to his master a fugitive slave, under the civil law or the
law of nations. On the contrary, the slave is held to be free
where there is no treaty obligation, or compact in some other
form, to return him to his master. The Roman law did not allow
freedom to be sold. An ambassador or any other public functionary
could not take a slave to France, Spain, or any other country in
Europe, without emancipating him. A number of slaves escaped from
a Florida plantation, and were received on board of ship by
Admiral Cochrane; by the King's Bench, they were held to be free.

In the great and leading case of Prigg _v._ the State of
Pennsylvania, this court says that, by the general law of nations,
no nation is bound to recognize the state of slavery, as found
within its territorial dominions, where it is in opposition to its
own policy and institutions, in favor of the subjects of other
nations where slavery is organized. If it does it, it is as a
matter of comity, and not as a matter of international right. The
state of slavery is deemed to be a mere municipal regulation,
founded upon and limited to the range of the territorial laws.
This was fully recognized in Somerset's case, which was decided
before the American Revolution.

"There was some contrariety of opinion among the judges on certain
points ruled in Prigg's case, but there was none in regard to the
great principle, that slavery is limited to the range of the laws
under which it is sanctioned.

"No case in England appears to have been more thoroughly examined
than that of Somerset. The judgment pronounced by Lord Mansfield
was the judgment of the Court of King's Bench. The cause was
argued at great length, and with great ability, by Hargrave and
others, who stood among the most eminent counsel in England. It
was held under advisement from term to term, and a due sense of
its importance was felt and expressed by the Bench.

"In giving the opinion of the court, Lord Mansfield said:

"'The state of slavery is of such a nature that it is incapable of
being introduced on any reasons, moral or political, but only by
positive law, which preserves its force long after the reasons,
occasion, and time itself, from whence it was created, are erased
from the memory; it is of a nature that nothing can be suffered to
support it but positive law.'"

In relation to the connection between the Federal Government and
slavery, Judge McLean remarks:

"The only connection which the Federal Government holds with
slaves in a State, arises from that provision in the Constitution
which declares that 'No person held to service or labor in one
State, under the laws thereof, escaping into another, shall in
consequence of any law or regulation therein, be discharged from
such service or labor, but shall be delivered up, on claim of the
party to whom such service or labor may be due.'

"This being a fundamental law of the Federal Government, it rests
mainly for its execution, as has been held, on the judicial power
of the Union; and so far as the rendition of fugitives from labor
has become a subject of judicial action, the federal obligation
has been faithfully discharged.

"In the formation of the Federal Constitution, care was taken to
confer no power on the Federal Government to interfere with this
institution in the States. In the provisions respecting the slave
trade, in fixing the ratio of representation, and providing for
the reclamation of fugitives from labor, slaves were referred to
as persons, and in no other respect are they considered in the
Constitution.

"We need not refer to the mercenary spirit which introduced the
infamous traffic in slaves, to show the degradation of negro
slavery in our country. This system was imposed upon our colonial
settlements by the mother country, and it is due to truth to say
that the commercial colonies and States were chiefly engaged in
the traffic. But we know as a historical fact, that James Madison,
that great and good man, a leading member in the Federal
Convention, was solicitous to guard the language of that
instrument so as not to convey the idea that there could be
property in man.

"I prefer the lights of Madison, Hamilton, and Jay, as a means of
construing the Constitution in all its bearings, rather than to
look behind that period, into a traffic which is now declared to
be piracy, and punished with death by Christian nations. I do not
like to draw the sources of our domestic relations from so dark a
ground. Our independence was a great epoch in the history of
freedom; and while I admit the Government was not made especially
for the colored race, yet many of them were citizens of the New
England States, and exercised the rights of suffrage when the
Constitution was adopted, and it was not doubted by any
intelligent person that its tendencies would greatly ameliorate
their condition.

"Many of the States, on the adoption of the Constitution, or
shortly afterward, took measures to abolish slavery within their
respective jurisdictions; and it is a well-known fact that a
belief was cherished by the leading men, South as well as North,
that the institution of slavery would gradually decline, until it
would become extinct. The increased value of slave labor, in the
culture of cotton and sugar, prevented the realization of this
expectation. Like all other communities and States, the South were
influenced by what they considered to be their own interests.

"But if we are to turn our attention to the dark ages of the
world, why confine our view to colored slavery? On the same
principles, white men were made slaves. All slavery has its origin
in power, and is against right."

In reference to the power of Congress to prohibit slavery in the territories, we quote the subjoined paragraphs from Judge McLean's opinion:

"On the 13th of July, the ordinance of 1787 was passed, 'for the
government of the United States territory northwest of the river
Ohio,' with but one dissenting vote. This instrument provided
there should be organized in the territory not less than three nor
more than five States, designating their boundaries. It was passed
while the federal convention was in session, about two months
before the Constitution was adopted by the convention. The members
of the convention must therefore have been well acquainted with
the provisions of the ordinance. It provided for a temporary
government, as initiatory to the formation of State governments.
Slavery was prohibited in the territory.

"Can any one suppose that the eminent men of the federal
convention could have overlooked or neglected a matter so vitally
important to the country, in the organization of temporary
governments for the vast territory northwest of the river Ohio? In
the 3d section of the 4th article of the Constitution, they did
make provision for the admission of new States, the sale of the
public lands, and the temporary government of the territory.
Without a temporary government, new States could not have been
formed, nor could the public lands have been sold.

"If the 3d section were before us now for consideration for the
first time, under the facts stated, I could not hesitate to say
there was adequate legislative power given in it. The power to
make all needful rules and regulations is a power to legislate.
This no one will controvert, as Congress cannot make 'rules and
regulations,' except by legislation. But it is argued that the
word territory is used as synonymous with the word land; and that
the rules and regulations of Congress are limited to the
disposition of lands and other property belonging to the United
States. That this is not the true construction of the section
appears from the fact that in the first line of the section 'the
power to dispose of the public lands' is given expressly, and, in
addition, to make all needful rules and regulations. The power to
dispose of is complete in itself and requires nothing more. It
authorizes Congress to use the proper means within its discretion,
and any further provision for this purpose would be a useless
verbiage. As a composition the Constitution is remarkably free
from such a charge.

"The prohibition of slavery north of 36 deg. 30', and of the State of
Missouri, contained in the act admitting that State into the
Union, was passed by a vote of 134, in the House of
Representatives, to 42. Before Mr. Monroe signed the act, it was
submitted by him to his Cabinet, and they held the restriction of
slavery in a territory to be within the constitutional powers of
Congress. It would be singular, if, in 1804, Congress had the
power to prohibit the introduction of slaves in Orleans territory
from any other part of the Union, under the penalty of freedom to
the slave, if the same power embodied in the Missouri Compromise
could not be exercised in 1820.

"But this law of Congress, which prohibits slavery north of
Missouri and of 36 deg. 30', is declared to have been null and void by
my brethren. And this opinion is founded mainly, as I understand,
on the distinction drawn between the ordinance of 1787 and the
Missouri Compromise line. In what does the distinction consist?
The ordinance, it is said, was a compact entered into by the
confederated States before the adoption of the Constitution; and
that in the cession of territory, authority was given to establish
a territorial government.

"It is clear that the ordinance did not go into operation by
virtue of the authority of the confederation, but by reason of its
modification and adoption by Congress under the Constitution. It
seems to be supposed, in the opinion of the court, that the
articles of cession placed it on a different footing from
territories subsequently acquired. I am unable to perceive the
force of this distinction. That the ordinance was intended for the
government of the northwestern territory, and was limited to such
territory, is admitted. It was extended to southern territories,
with modifications by acts of Congress, and to some northern
territories. But the ordinance was made valid by the act of
Congress, and without such act could have been of no force. It
rested for its validity on the act of Congress, the same, in my
opinion, as the Missouri Compromise line.

"If Congress may establish a territorial government in the
exercise of its discretion, it is a clear principle that a court
cannot control that discretion. This being the case, I do not see
on what ground the act is held to be void. It did not purport to
forfeit property, or take it for public purposes. It only
prohibited slavery; in doing which, it followed the ordinance of
1787."

In 1840, Judge McLean lost his wife, and in 1843, married his present wife, Mrs. Sara Bella Gerrard of Cincinnati. In his personal appearance, Judge McLean is imposing, for he is tall and well proportioned, and his face is one of the finest among the list of American jurists. As a judge, he is above reproach; and as a Christian--he is a member of a Christian church--he has won the esteem of all who know him in that relation.

HENRY A. WISE.

Governor Wise is certainly one of the ablest of the southern democrats. He may lack judgment and that balance of character which is necessary in the truly great man; but he is a decided genius. Whatever he has attempted he has accomplished, thus far, from his wonderful energy and activity. Whether he has reached that bound in his political triumphs beyond which he cannot pass, remains to be seen. We will very briefly glance at his past history and his present views upon the great political issues of the country.