Chapter XXXIII: Appendix: A (1)

GENERAL KEIFER IN CIVIL LIFE

I ANCESTRY AND LIFE BEFORE THE CIVIL WAR

I was born, January 30, 1836, on a farm on Mad River, north side, six miles west of Springfield, Bethel Township, Clark County, Ohio, a short distance west of Tecumseh Hill, the site of the original Piqua, Shawnee Indian village, destroyed by General George Rogers Clark August 8, 1780.

My ancestors, though not especially distinguished for great deeds, either in peace or war, were of the sturdy kind, mentally, physically, and morally.

My grandfather, George Keifer, was born (1728) in one of the German States, from whence he emigrated to America and settled in the Province of Maryland about the year 1750. Nothing is certainly known of his life or family in Germany. He was a Protestant, and was probably led to quit German-Europe to escape the religious intolerance, if not persecutions, there at the time so common.

He availed himself of the Act of Parliament made in the thirteenth year of the reign of King George the Second, which provided for the naturalization of "Foreign Protestants," settled or who should settle in his Majesty's colonies in America, and was naturalized and became a subject of King George the Third of England, an allegiance he did not long faithfully maintain, as he became a Revolutionary patriot in 1776.( 1) He participated in the Revolution, though there is no known record of his being a regular soldier in the war. He gave some attention to farming, but was by trade a shoemaker. He resided in Sharpsburg, Washington County, Maryland, on Antietam Creek, and there died, April 11, 1809. His wife, Margaret (Schisler) was likewise German, probably born in Germany (1745), but married in Maryland. Her family history is unknown, but she was a woman of a high order of intelligence, and possessed of much spirit and energy. After her husband's death she removed (1812) with her two sons to Ohio (walking, from choice, the entire distance), and died there, February 9, 1827, in my father's family, at eighty-two years of age. George and Margaret Keifer had two sons, George (born October 27, 1769, and died August 31, 1845), and Joseph (my father), born February 28, 1784, at Sharpsburg, Maryland. They followed, when young, the occupation and trade of their father. The facilities and opportunities for acquiring an education for persons in limited circumstances were then small, yet Joseph Keifer early determined to secure an education, and by his own persevering efforts, with little, if any, instruction, he became especially proficient in geography and mathematics, and acquired a thorough practical knowledge of navigation and civil engineering. He could speak and read German. He was a general reader, and throughout his life was a constant student of both sacred and profane history, and devoted much attention to a study of the Bible. In September, 1811, he left Sharpsburg, on horseback, on a prospecting tour over the mountains to the West, destination Ohio. He kept a journal (now before me) of his travels, showing each day's journey, the places visited, the topography of the country, the kinds of timber growing, the lay of the land and kinds of soil, the water supply and its quality, etc., and something of the settlers. This journey occupied seven weeks, during which he rode 1140 miles, much of it over trails and bridle paths, his total cash "travelling expenses being $36.30." He travelled through Jefferson, Tuscarawas, Stark, Muskingum, Fairfield, Pickaway, Ross, Fayette, Champaign (including what is now Clark), Montgomery, Warren, Butler, Hamilton, Guernsey, and Belmont Counties, Ohio. In April, 1812, he started on another like journey over much the same country, returning May 15th.

On his first journey he visited Springfield, Ohio, and vicinity, and bargained for and made an advance payment of $500 in silver for about seven hundred acres of land, located near (west of) New Boston, from John Enoch, for himself and his brother George Keifer, agreeing to take possession and make further payment in one year. He removed with his brother George (who then had a wife and family of several children), his mother accompanying, by wagon and on horseback to this land, in the fall of 1812, where both brothers made their homes during life, each following the general occupation of farming. The land was chosen with reference to its superior quality, excellent growth of popular, oak, walnut, hickory, and other valuable timber for building purposes, and likewise with reference to its fine, healthful, perennial springs of pure limestone water. The tract fronted on Mad River, extending northward into the higher lands so as to include bottom-lands and uplands in combination.

Joseph Keifer, before leaving Maryland, procured to be made at Frederick, Maryland, a surveyor's compass and chain (still in my possession), and when in Ohio, in addition to clearing lands and farming, he surveyed many extensive tracts of land for the early settlers. Later in life he gave up surveying, save for his neighbors when called on. He had some inclination to music. He served for a short time in the War of 1812, joining an expedition for the relief of General Harrison and Fort Meigs on the Maumee when besieged by the British and Indians in 1813. He, however, lived in his Ohio home a quiet, sober, peaceful, contented, studious, moral life, much esteemed for his straightforward, honest, plain character by all who knew him, but always taking a deep interest in public affairs, state and national, his sympathies being with the poor, oppressed, and unfortunate. His detestation of slavery led him to emigrate from a slave State to one where slavery not only did not and could not exist, but where free labor was well requited and was regarded as highly honorable. Though among the early settlers of the then wild West, he did not care much, if at all, for hunting and fishing, then common among his neighbors and associates. He preferred to devote his leisure hours to reading and intellectual pursuits and to the society of those of kindred tastes, especially interesting himself in the education of his large family of children. He was, in theory and practice, a moral and religious man, a church attendant, though never a member of any church, yet one year before his death (1849), at his own request, he was baptized in Mad River, by Rev. John Gano Reeder, of the Christian Church.

He was one of the founders and first directors of the Clark County Bible Society, organized September 2, 1822.

Throughout his life he took a deep interest in politics, but he never sought or held any important office. He was an Adams-Clay Whig.

He died on his farm, April 13, 1850, and his remains, likewise his mother's and his brother's, are now buried in Ferncliff Cemetery, Springfield, Ohio.

He was married, November 9, 1815, to Mary Smith, daughter of Rev. Peter Smith, a Baptist minister (then resident on a farm near what is now Donnelsville, Clark County, Ohio), who had some celebrity also as a physician in the "Miami Country." He was a son of Dr. Hezekiah Smith of the "Jerseys," and was born in Wales, February 6, 1753, from whence this branch of the _Smith_ family came. He was some relation to Hezekiah Smith, D.D., of Haverhill, Massachusetts, but in what way connected is not known. Peter Smith was educated at Princeton, and married in New Jersey to Catherine Stout (December 23, 1776), and he seems to have early, under his father, given some attention to medicine, and became familiar with the works of Dr. Rush, Dr. Brown, and other writers of his day on "physic." He also, during his life, acquired much from physicians whom he met in New Jersey, Pennsylvania, Virginia, North and South Carolina, Georgia, Kentucky, and Ohio. He called himself an "Indian Doctor" (because he sometimes used in his practice herbs, roots, etc., and other remedies known to the Indians), though he was in no proper sense such a doctor. He was an early advocate, much against public prejudice, of inoculations for smallpox; this before Dr. Jenner had completed his investigations and had introduced vaccination as a preventive for smallpox.( 2)

Dr. Peter Smith, in his little volume (printed by Brown & Looker, Cincinnati, 1813), speaks of inoculating 130 persons, in New Jersey, for smallpox in 1777, using, to prevent dangerous results, with some of them, calomel, and dispensing with it with others, but reaching the conclusion that calomel was not necessary for the patient's safety.

In this book, entitled _The Indian Doctor's Dispensatory_, etc., ( 3) on the title-page he says: "_Men seldom have wit enough to prize and take care of their health until they lose it--And doctors often know not how to get their bread deservedly, until they have no teeth to chew it_." He seems to have been an original character and investigator, availing himself of all the opportunities for acquiring knowledge within his reach, especially acquainting himself with domestic, German, and tried Indian remedies, roots, herbs, etc. In the Introduction to his book he says: "The elements by Brown seem to me plain, reasonable, and practicable. But I have to say of his prescriptions, as David did of Saul's _armour_, when it was put upon him, '_I cannot go with this, for I have not proved it_.' He thus chose his sling, his staff, shepherd's bag and stones, because he was used to them, and could recollect what he had heretofore done with them." The modern germ or bacilli theory of disease, now generally accepted by learned physicians, was not unknown or even new in his time. He speaks of it as an "_insect_" theory, based on the belief that diseases were produced by an invisible _insect_, floating in the air, taken in with the breath, where it either poisons or propagates its kind, so as to produce disease.( 4)

Besides much in general, Peter Smith's book contains about ninety prescriptions for the cure of as many diseases or forms of disease, to be compounded generally from now well-known medicine, roots, herbs, etc., some of them heroic, others quaint, etc. He did not recommend dispensing wholly with the then universal practice of bleeding patients, but he generally condemned it.

About the year 1780, from New Jersey, he commenced his wandering, emigrating life, with his wife and _some_ small children. He lingered a little in Virginia, in the Carolinas, and settled for a time in Georgia, and all along he sought out people from whom he could gather knowledge, especially of the theory and practice of medicine. And he preached, possibly in an irregular way, the Gospel, as a devout Baptist of the Old School, a denomination to which he was early attached. Not satisfied with his Georgia home, "with its many scorpions and slaves," he took his family on horseback, some little children (twin babies among them) carried in baskets suitable for the purpose, hung to the horns of the saddle ridden by his wife, and thus they crossed mountains, rivers, and creeks, without roads, and not free from danger from Indians, traversing the woods from Georgia through Tennessee to Kentucky, intending there to abide. But finding Kentucky had also become a slave State, he and his family, bidding good-by to Kentucky "headticks and slavery," in like manner emigrated to Ohio, settling on Duck Creek, near Columbia (Old Baptist Church), now within the limits of Cincinnati, reaching there about 1794. He became, with his family, a member of this church, and frequently preached there and at other frontier places, but still pursuing the occupation of farming, and, though perhaps not for much remuneration, the practice of medicine. In 1804 he again took to the wilderness with his entire family, then grown to the number of twelve children, born in the "Jerseys" or on the line of his march through the coast or wilderness States or territories. He settled on a small and poor farm on Donnels Creek, in the midst of rich ones, where he died, December 31, 1816. It seems from his book (page 14) (published while he resided at his last home), that he did not personally cease his wanderings and search for medical knowledge, as he says he was in Philadelphia, July 4, 1811, where he made some observations as to the effect of hot and cool air upon the human system, through the respiration. But it is certain he taught to the end, in the pulpit, and ministered as a physician to his neighbors and friends, often going long distances from home for the purpose. He concluded, near the end of his long and varied experiences, that: "Men have contrived to break all God's _appointments_. But this: '_It is appointed for all men once to die_' has never been abrogated or defeated by any man. And as to medicine we are about to take: _If the Lord will_, we shall do this or that with success; _if the Lord will_, I shall get well by this means or some other." He concluded his "Introduction" by commending the "iron doctrine" for consumptives, and assenting to Dr. Brown's opinion that "_an old man ought never to marry a young woman_."

He is buried in a neglected graveyard near Donnelsville, Clark County, Ohio.

Men of the type and character described impressed for good Western life and character while they lived, and through their example and posterity also the indefinite future.

Peter Smith had four sons, Samuel, Ira, Hezekiah, and Abram, who each lived beyond eighty years, dying the order of their birth, each leaving a large family of sons and daughters, whose children, grandchildren, etc., are found now in nearly, if not all, the States of the Union, many of them also becoming pioneers to the frontiers, long ago reaching the Rocky Mountains, the Pacific slope and coast.( 5)

His sons Ira and Hezekiah, much after the fashion of their father, preached the Gospel (Baptist) in Ohio and Indiana, but not neglecting, as did their father, to amass each a considerable fortune. Ira resided and died at Lafayette, Indiana, and Rev. Hezekiah Smith at Smithland, Indiana. Samuel, the eldest (Clark County, Ohio), was always a plain, creditable farmer, but his sons and grandchildren became noted as educators, physicians, surgeons, and divines.

Samuel's son, Peter Smith, besides acquiring a good general education, studied surveying, my father assisting him, and he taught school in Clark and other counties in Ohio, and became celebrated for his success. He was the first in Ohio to advocate higher-graded, or union schools, and through his efforts a first law was passed in Ohio to establish them. He adopted a merit-ticket system for scholars in schools which, for a time, was highly successful and became popular. He removed, about 1830, to Illinois, then became a surveyor and locator of public lands, farmer, etc., and was killed by a railroad train at Sumner, Illinois, when about eighty years of age, leaving a large number of grown children.

Rev. Milton J. Miller (now of Geneseo, Illinois), grandson of Samuel Smith, though a farmer boy, early resolved to acquire an education and enter the ministry. His resolution was carried out. He graduated at Antioch College; attended a theological school at Cambridge, Mass., became a minister of the Christian Church, later of the Unitarian, and was for about one year a chaplain in the volunteer army (110th Ohio), and distinguished himself in all relations of life.

Dr. Hezekiah Smith, also son of Samuel, became somewhat eminent as a physician, and died at Smithland, Shelby County, Indiana, in 1897.

Abram, though once in prosperous circumstances, through irregular habits and the inherited disposition to rove over the world, became poor, and sometimes, when remote from his family and friends, in real want, yet he, the youngest of the four, lived past the traditional family fourscore years, dying poor (near Lawrenceville, Illinois), but leaving children and grandchildren in many States of the West, who had become, at his death, or since became, distinguished as soldiers and eminent citizens. He was a man of most cheerful disposition, and whatever his circumstances or lot were he seemed content and happy.

Five of Dr. Peter Smith's daughters (besides my mother) lived to be married. Sarah married Henry Jennings; Elizabeth, Hezekiah Ferris; Nancy, John Johns; Margaret, Hugh Wallace, and Rhoda, Dr. Wm. Lindsay, but each died comparatively young. They also each left children; and their grandchildren, etc., are now numerous and many of them highly esteemed citizens, also scattered widely over the country.

Two others of Dr. Smith's children (Catherine and Jacob Stout) lived only to the ages of fifteen and seventeen years respectively.

But Peter Smith was not the sole head of this remarkable and long wandering family, nor the repository or source of all its brains or good qualities of head and heart.

He was married, as stated, to Catherine Stout, in New Jersey, whose family was theretofore, then, and since both numerous and widely dispersed, and many of them more than usually prominent or celebrated in public or private life.

Her ancestry may be traced briefly. Richard Stout, who seems to have been first of his name in America, was the son of John Stout, of Nottinghamshire, England. When a young man he came to New Amsterdam (New York City), where he met Penelope Van Princess, a young woman from Holland. She, with her first husband, had been on a ship from Amsterdam, Holland, bound for New Amsterdam. The ship was wrecked in the lower bay and driven on the New Jersey coast below Staten Island. The passengers and crew escaped to the shore, but were there attacked by Indians, and all left for dead; Penelope alone was alive, but severely wounded. She had strength enough to get to a hollow tree, where she is said to have lived unaided for seven days, during which time she was obliged to keep her bowels in place with her hand, on account of a cut across her abdomen. At the end of this time a merciful but avaricious Indian discovered and took pity on her. He took her to his wigwam, cared for her, and thence took her to New Amsterdam by canoe and _sold_ her to the Dutch. This woman Richard Stout married about the year 1650. The couple settled in New Jersey, and raised a family of seven sons and three daughters. The third son, Jonathon, married a Bullen, settled at Hopewell, New Jersey, and had six sons and three daughters. The fifth son, Samuel, married Catherine Simpson, by whom he had one son, Samuel, born in 1732. This Samuel served in the New Jersey Legislature, and was a Justice of the Peace. He married Anne Van Dyke, and had seven sons and three daughters. His daughter Catherine, great-great-granddaughter of Richard and Penelope (born November 25, 1758), married, December 25, 1776, Peter Smith, whose history we have traced. She was the companion of all his journeyings, caring for and directing affairs and the family in his frequent absence and itinerarys from home "preaching the Gospel and disbursing _physic_ for the salvation of souls and the healing of the body." She, too, was a devout Christian (Baptist), and ministered to the exposed and often needy pioneers in the wilderness. She survived him fifteen years, dying March 3, 1831. She is buried beside her husband.

Mary (my mother), a daughter of Peter and Catherine Smith, born January 31, 1799, on Duck Creek near Columbia Church, within the present limits of Cincinnati, married (as stated) Joseph Keifer, when not yet seventeen years of age, and became the mother of fourteen children, eight of whom lived to mature years--two sons and six daughters. She died at Yellow Springs, Ohio, March 23, 1879, passing her eightieth birthday, like her brothers named, having survived all her brothers and sisters. She was next to the youngest of them. She inherited, cultivated, and practised the essential virtues necessary in a successful, useful, pure, happy, and contented life. She had a most cheerful disposition, and was a confident and buoyant spirit, in sorrow and adversity. She was devoted to all her children, and all owe her much for their fundamental preparation, education, etc., together with the habits of industry and perseverance, essential to whatever of success they have attained in life. And, above all, she early became a member of church (Baptist and Christian), and maintained her church relations for above sixty years, to her death, never doubting in her Christian belief, yet never bigoted or intolerant of the religious views of others.

She was a devoted companion to her husband, and with him ever took a deep interest in their family and neighbors, never neglecting a duty to them. She, born in the Ohio territory, lived within its borders above eighty years, witnessed its transformation from savagery to the highest civilization, and its growth in wealth, power, and population from little to the third of the great States of the Union. She witnessed the coming, through science and inventions, of railroads, telegraphs, steam, and electric power, telephones, etc. She saw the soldiers of the War of 1812, the Mexican war, and the War of the Rebellion, and something of the Indian wars in Ohio. In her childhood she lived in proximity to savages. With her husband she had ministered to escaped slaves, and saw slavery (always detested by both) abolished. She witnessed with becoming pride a degree of success in the efforts of her children and grandchildren, and she held on her knees her great- grandchildren. She is buried beside her husband in Ferncliff Cemetery, Springfield, Ohio.

The children who grew to maturity were: Margaret, born September 22, 1816, who married Joseph Gaines, and died March 10, 1896, leaving two sons and a daughter; Sarah (still living) born September 29, 1819, who married Lewis James, and, after his decease, Richard T. Youngman, having one son, J. Warren James (Captain 45th Ohio, War of the Rebellion), and _five_ children by her last husband; Benjamin Franklin (still living), born April 22, 1821, who married Amelia Henkle, and has three sons and three daughters living; Elizabeth Mary, born February 20, 1823, unmarried, still living; Lucretia, born January 20, 1828, died August 5, 1892, surviving her husband, Eli M. Henkle, and her only son, John E. Henkle; Joseph Warren Keifer, born January 20, 1836, who married, March 22, 1860, Eliza Stout, of Springfield, Ohio. [They have three sons living, Joseph Warren, born May 13, 1861; William White, born May 24, 1866, and Horace Charles, born November 14, 1867. Their only other child, a daughter, Margaret Eliza, was born June 2, 1873, and died August 16, 1890.] Minerva, born July 15, 1839 (died July 22, 1899), married to Charles B. Palmer, and they have two sons and a daughter; and Cordelia Ellen, born July 17, 1842, not married.

From the ancestry described and from the widely diversified strains of blood--German, English, Welsh, Dutch, and others not traced or traceable--meeting, to make, in _composite_, a full-blooded American --came the author of this sketch. He also sprang from a farmer, shoemaker, civil engineer, clergyman, physician, etc., ancestry, no lawyer or soldier of mark appearing in the long line, so far as known.

Born with a vigorous constitution, of strong ( 6) and remarkably healthy parents, I, early as strength permitted, became useful, in the varied ways a boy can be, on a farm where the soil is not only tilled, but trees first have to be felled, rails split, hauled, and fences built. Timber had to be cut and hauled to saw-mills, to make lumber for buildings, etc. In the 40's clearing was still done by deadening, felling, and by burning, the greater part of the timber not being necessary or suitable for sawed lumber or rails. In all this work, as I grew in years and strength, I participated. At or before the age of seven years, and long thereafter, I performed hard farm work, hauling, ploughing, sowing, planting, cultivating corn and vegetables, harvesting, etc., and was never idle. I mowed grass with a scythe, and reaped grains with a sickle (the rough marks of the teeth of the latter are seen still on the fingers of my left hand as I write this.) Later, the cradle to cut small grain was introduced, though at first it was not popular, because it reduced the usual number of harvest hands required to "sickle the crop." Raking and binding wheat, rye, and oats were part of the hard work of the harvest field. Husking corn was a fall and sometimes winter occupation. Stock had to be cared for and fed. Flax for home-made garments was raised, pulled up by hand, spread, rotted, broken, skutched, hackled, etc. All this work of the farm I pursued with regularity and assiduity. My father dying when I was fourteen years of age, and my only living brother (Benjamin F.) being married and on his own farm, much more of the duties and management of a farm of above two hundred acres devolved on me for the more than six succeeding years while my mother continued to reside on the homestead.

My education was commenced at home and at the log district schoolhouse, located on my father's farm. The beginning of a child's schooling, by law and custom, was then at four years of age. Thus early I went to school, but not regularly. It was then rare that a summer school was kept up, and the winter _term_ was usually only three or four months, at the outside. The farmer boy was needed to work almost the year round, and even while attending school, he arose early to attend to the feeding of stock, chopping fire-wood, doing chores, etc., and when school closed in the evening he was often, until after darkness set in, similarly engaged. The school hours were from 8 A.M. to 12 M. and from 1 to 5 P.M. Saturdays were days of hard work. The school months were busy ones to the farmer boys and girls. Spelling matches at night were common.

The schools were, however, good, though the teachers were not always efficient or capable of instructing in the higher branches of learning now commonly taught in public schools in Ohio. But in reading, spelling, writing, English grammar, geography within certain limits, and arithmetic, the instruction was quite thorough, and scholars inclined to acquire an education early became proficient in the branches taught.

At school I made progress, though attending usually only about three--sometimes four--months in the year. But I had the exceptional advantage of aid at home from my father and mother; also older sisters, who had all of them become fitted for teachers. My natural inclination was to mathematics and physical geography rather than to English grammar or other branches taught. While engaged in the study of geography my father arranged to make a globe to illustrate the zones, etc., and grand divisions of the world. Though then but twelve years of age I aided him in chopping down a native linden tree, from which a block was cut and taken to a man (Crain) who made spinning-wheels, which was by him turned, globe-shaped, about a foot in diameter, and hung in a frame. My father marked on it the lines of latitude and longitude and laid off the grand divisions, islands, oceans, seas, etc., and with appropriate shadings to indicate lines or boundaries, it was varnished and became a veritable globe, fit for an early student of geography, and far from crude. It now stands before me as perfect as when made fifty years since. In mathematics I soon, out of school, passed to the study of algebra, geometry, natural philosophy, etc. My common school and home advantages were excellent, and while my father lived, even when at work in the field, problems were being stated and solved, and interesting matters were discussed and considered. The country boy has an inestimable advantage over the town or city boy in the fact that he is more alone and on his own resources, which gives him an opportunity for independent thought, and forces him to become a _thinker_, without which no amount of scholastic advantages will make him, in any proper sense, learned.

I had the misfortune, before ten years of age, of injuring, by accident, my left foot, and in consequence went on crutches about two years of my boyhood life. This apprehension of again becoming lame early turned my thought to an occupation other than farming. When sixteen years of age I decided to try to become a lawyer, and in this decision my mother seconded me heartily. Though continuing to labor on the farm without intermission, I pursued, as I had long before, a regular study of history, and procured and read some elementary law books, including a copy of Blackstone's _Commentaries_, which I systematically and constantly read and re-read, and availed myself, without an instructor, of all possible means of acquiring legal knowledge. In my eighteenth year I was regularly entered as a student at law with Anthony & Goode, attorneys, at Springfield, Ohio, though my reading was still continued on the farm, noons, nights, and between intervals of hard work.( 7)

Lyceums or debating societies which met at the villages or schoolhouses were then common. They were usually well conducted, and they were excellent incentives to study, affording good opportunity for acquiring habits of debate and public speaking. They are, unfortunately, no longer common. These lyceums I frequented, and participated in the discussions. I taught public school "_a quarter_," the winter of 1852-53, at the Black-Horse tavern schoolhouse, on Donnels Creek, for sixty dollars pay.

I attended Antioch College (1854-55) in Horace Mann's time, for less than a year, reciting in classes in geometry, higher algebra, English grammar, rhetoric, etc., pursuing no regular course, and part of the time taking special lessons, and while there actively participated in a small debating club, to which some men still living and of high eminence belonged. One member only of the club has, so far, died upon the gallows. This was Edwin Coppoc, who was hanged with John Brown in December, 1859.

In the exciting Presidential campaign of 1856 (though not old enough to vote) I made, in Clark and Greene Counties, Ohio, above fifty campaign speeches for Fremont, the excitement being so high that mobbing or egging was not uncommon. The pro-slavery people called Fremont's supporters _abolitionists_--the most opprobrious name they conceived they could use. Colonel Wm. S. Furay (now of Columbus, Ohio), of about my age, also made many speeches in the same campaign, and we were joint recipients of at least one _egging_, at Clifton, Ohio.

In the midst of my farm work and duties, by employing room hours, evenings, rainy days, etc., I could make much progress in studies, and besides this I did a little fishing in the season, and some hunting with a rifle, in the use of which I was skillful in killing game. Hunting became almost a passion, hence had to be wholly given up.

At the close of the 1856 Presidential campaign, my mother having, in consequence of my purpose to practise law, removed from the farm to Yellow Springs, Ohio, I became a resident of Springfield, and there pursued, regularly, in Anthony & Goode's office, the study of law.

Before this I had ventured to try a few law cases before justices of the peace, both in the country, in villages, and in the city, and I had some professional triumphs, occasionally over a regular attorney, but more commonly meeting the "pettifogger," who was of a class once common, and not to be despised as "rough and tumble," _ad captandum_, advocates in justices' courts. They often knew some crude law, and they never knew enough to concede a point or that they were wrong.

My studies went on in much the usual way until I was admitted to the bar, January 12, 1858, by the Supreme Court of Ohio, at Columbus. I recognize now more than I did then that my preparation for the profession of the law, which demands knowledge of almost all things, ancient, modern, scientific, literary, historical, etc., was wholly defective. All knowledge is called into requisition by a general and successful legal practitioner. My early deficiency in learning, and the many interruptions in the course of about forty years, have imposed the necessity of close and constant application. On being admitted to the bar, I determined to visit other parts and places before locating. I visited Toledo; it was then muddy, ragged, unhealthful, and unpromising. Chicago was then next looked over. It was likewise apparently without promise. The streets were almost impassable with mire. The sidewalks were seldom continuously level for a square. The first floors of some buildings were six to ten feet above those of others beside them. So walking on the sidewalks was an almost constant going up and down steps. There was then no promise of its almost magic future. At Springfield, Illinois, I saw and heard, in February, 1858, before the Supreme Court, an ungainly appearing man, called _Abe_ Lincoln. He was arguing the application of a statute of limitations to a defective tax title to land. He talked very much in a conversational way to the judges, and they gave attention, and in a Socratic way the discussion went on. I did not see anything to specially attract attention to Mr. Lincoln, save that he was awkward, ungainly in build, more than plain in features and dress, his clothes not fitting him, his trousers being several inches too short, exposing a long, large, unshapely foot, roughly clad. But he was even then, by those who knew him best, regarded as intellectually and professionally a great man. When I next saw him (March 25, 1865, twenty days before his martyrdom) he looked much the same, except better dressed, though he was then President of the United States and Commander-in- Chief of its Army and Navy. He appeared on both occasions a sad man, thoughtful and serious. The last time I saw him he was watching the result of an assault on the enemy's outer line of works from Fort Fisher in front of Petersburg, the day Fort Stedman was carried and held for a time by the Confederates.

I also visited St. Louis, and took a look at its narrow (in old part) French streets; thence I went to Cairo, the worst, in fact and appearance, of all. In going alone on foot along the track of the Illinois Central Railroad from Cairo to Burkeville Junction, in crossing the Cash bottoms, or slashes, I was assailed by two of a numerous band of highwaymen who then inhabited those parts, and was in danger of losing my life. In a struggle on the embankment one of the two fell from the railroad bed to the swamp at its side, and on being disengaged from the other I proceeded without being further molested to my destination.

By March 1, 1858, I was again at home, resolved to practise law in my native county, at Springfield, where I opened an office for that purpose. To locate to practise a profession among early neighbors and friends has its disadvantages. The jealous and envious will not desire or aid you to succeed; others, friendly enough, still will want you to establish a reputation before they employ you.

All will readily, however, espouse your friendship, and proudly claim you as their school-mate, neighbor, and dearest friend when you have demonstrated you do not need their patronage.

I did succeed, in a way, from the beginning, and was not without a good clientage, and some good employments. I was prompt, faithful, and persistently loyal to my clients' interests, trying never to neglect them even when they were small. Then litigations were sharper generally than at present, and often, as now understood, unnecessary. The court-term was once looked forward to as a time for a lawyer to earn fees; now it is, happily, otherwise with the more successful and better lawyers. Commercial business is too tender to be ruthlessly shocked by bitter litigations. Disputes between successful business men can be settled usually now in good lawyers' offices on fair terms, saving bitterness, loss of time, and expensive or prolonged trials. A just, candid, and good attorney should make more and better fees by his advice and counsel and in adjusting his client's affairs in his office than by contentions in a trial court-room.

I was an active member of the Independent Rover Fire Company in Springfield, and with it ran to fires and worked on the brakes of a hand-engine, etc.

I gave little attention to matters outside of the law, though a little to a volunteer militia company of which I was a member; for a time a lieutenant, then in 1860 brigade-major on a militia brigadier's staff. We staff officers wore good clothes, much tinsel, gaudy crimson scarfs, golden epaulets, bright swords with glistening scabbards, rose horses in a gallop on parade occasions and muster days, yet knew nothing really military--certainly but little useful in war. We knew a little of company drill and of the handling of the old-fashioned muster.

My wife (Eliza Stout) was of the same Stout family of New Jersey from whence came my maternal grandmother. She was born at Springfield, Ohio, July 11, 1834, and died there March 12, 1899.

Her father, Charles Stout, and mother, Margaret (McCord) Stout, emigrated from New Jersey, on horseback, in 1818, to Ohio, first settling at Cadiz, then at Urbana, and about 1820 in Clark County. The McCords were Scotch-Irish, from County Tyrone. Thus in our children runs the Scotch-Irish blood, with the German, Dutch, Welsh, English, and what not--all, however, Aryan in tongue, through the barbaric, Teutonic tribes of northern Europe.

Thus situated and occupied, I was, after Sumter was fired on, and although wholly unprepared by previous inclination, education, or training, quickly metamorphosed into a soldier in actual war.

Five days after President Lincoln's first call for volunteers I was in Camp Jackson, Columbus, Ohio (now Goodale Park), a private soldier, and April 27, 1861, I was commissioned and mustered as Major of the 3d Ohio Volunteer Infantry, and with the regiment went forthwith to Camp Dennison, near Cincinnati, for drill and equipment. Here real preparations for war, its duties, responsibilities, and hardships, began. Without the hiatus of a day I was in the volunteer service four years and two months, being mustered out, at Washington, D. C., June 27, 1865, on which date I settled all my ordnance and other accounts with the departments of the government, though they covered several hundred thousand dollars.

I served and fought in Virginia, Kentucky, Tennessee, Alabama, Georgia, West Virginia, and Maryland, and campaigned in other States. I was thrice slightly wounded, twice in different years, near Winchester, Virginia, and severely wounded in the left forearm at the battle of the Wilderness, May 5, 1864. I was off duty on account of wounds for a short time only, though I carried my arm in a sling, unhealed, until after the close of the war.

The story of my service in the Civil War is told elsewhere.

II PUBLIC SERVICES SINCE THE CIVIL WAR

On my return from the war I resumed, in Springfield, Ohio, the practice of law, and have since pursued it, broken a little by some official life.( 8) I took a deep interest in the political questions growing out of the reconstruction of the States lately in rebellion, and especially in the adoption of the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution. The _first_ of these abolished slavery in the United States; the _second_ (1) secured to all persons born or naturalized in the United States, citizenship therein and in the State wherein they resided; prohibited a State from making any law that would abridge the privileges or immunities of citizens, and from depriving any person of life, liberty, or property without due process of law, and from denying to any person the equal protection of the laws; (2) required Representatives to be apportioned among the States according to number, excluding Indians not taxed, but provided that when the right of male citizens over twenty-one years to vote for electors and Federal and State executive, judicial or legislative officers, was denied or abridged by any State, except for participation in rebellion or other crime, the basis of representation therein should be reduced proportionately; (3) excluded any person who, having previously taken an oath as a member of Congress or of a State Legislature, or as an officer of the United States or of a State, to support the Constitution of the United States, shall have engaged or aided in rebellion, from holding any office under the United States or any State, leaving Congress the right by a two-thirds vote of each House to remove such disability, and (4) prohibited the validity of the public debt, including debts incurred for the payment of pensions and bounties, from being questioned, and prevented the United States or any State from paying any obligation incurred in aid of the Rebellion, or any claim for the emancipation of any slave, and the _third_ provided that citizens shall not be denied the right to vote "By any State on account of race, color, or previous condition of servitude."( 9) Those amendments completed the cycle of fundamental changes of the Constitution, and were necessary results of the war.

Ohio ratified each of them through her Legislature, but, in January, 1868, rescinded her previous ratification of the Fourteenth Amendment. I voted and spoke in the Ohio Senate against this recession.

The Constitution of Ohio gave the elective franchise only to "white" persons. In 1867 the people of the State voted against striking the word "white" from the Constitution. In that year I was elected to the Ohio Senate, and participated in the political discussion of those times, both on the stump and in the General Assembly, and favored universal suffrage and the political equality of all persons. The wisdom of such suffrage will hardly be settled so long as there exists a great disparity of learning and moral, public and private, among the people, race not regarded.

I originated some laws, still on the statute books of Ohio, one or two of which have been copied in other States. An amendment to the replevin laws, so as to prevent the plaintiff from acquiring, regardless of right, heirlooms, keepsakes, etc., is an example of this. I served on the Judiciary and other committees of the Ohio Senate in the sessions of 1868-69.

I supported my old war chief for President in 1868 and 1872. I was Commander of the Department of the Ohio, Grand Army of the Republic, for the years 1868, 1869, and 1870, during which time, under its auspices, the Ohio Soldiers' and Sailors' Orphans' Home was established at Xenia, through a board of trustees appointed by me. The G. A. R. secured the land, erected some cottages and other buildings thereon, and carried on the institution, paying the expense for nearly two years before the State accepted the property as a donation and assumed the management of the Home. I was Junior Vice- Commander-in-Chief of the G. A. R., 1871-72; was trustee of the Orphans' Home from April, 1871, date when the State took charge of it, to March, 1878; have been a trustee of Antioch College since June, 1873; was the first President of the Lagonda National Bank, Springfield, Ohio, (April, 1873), a position I still hold; was a delegate-at-large from Ohio to the National Republican Convention in Cincinnati, in June, 1876, when General Hayes was nominated for President; was thereafter, serving in the Forty-fifth, Forty-sixth, Forty-seventh, and Forty-eighth Congresses, ending March 4, 1885, covering the administrations of Presidents Hayes, Garfield, and Arthur. I served in the Forty-fifth on the Committee on War Claims, and in the Forty-sixth on Elections, and on other less important committees.

I opposed the repeal of the act providing for the resumption of specie payments, January 1, 1879. In a somewhat careful speech (November 16, 1877), I insisted that the act "to strengthen the public credit" (March 18, 1869), and the resumption act of January 14, 1875, reaffirmed the original promise and renewed the pledges of the nation to redeem, when presented, its notes issued during and on account of the Rebellion, thus making them the equivalent of coin. I then, also against the prophecy of many in and out of Congress, demonstrated the honesty, necessity, and ability of the government to resume specie payment.

The act was not repealed, and resumption came under it without a financial shock, and the nation's credit, strength, honor, and good faith were maintained inviolate with its own people.

I advocated the payment of claims of loyal citizens of the insurrectionary States for supplies furnished or seized by the Union Army, necessary for its use for subsistence, but opposed payment, to even loyal citizens, of claims based on the loss or destruction of property incident to the general devastation of the war. Claims for destruction of property were the most numerous, and the most energetically pressed, and, in some instances, appropriations were made to pay them, but the great majority of them failed. The loyalty of claimants from the South was often more than doubtful. For want of a well defined rule, which it is impossible to establish in Congress, very many just claims against the United States never are paid, or, if paid, it is after honest claimants have been subjected to the most vexatious delays, and, in many instances, forced to be victimized by professional lobbyists. Many claimants have spent all they and their friends possessed waiting in Washington, trying to secure an appropriation or to pay blackmailing claim-agents or lobbyists. It is doubtful whether the latter class of persons ever really aided, by influence or otherwise, in securing an honest appropriation, though they, to the scandal of the members, often had credit for doing so. It is doubtful whether there is any case where members of either House were bribed with money to support a pending bill, yet many claimants have believed they paid members for their influence and votes.

An illustrative incident occurred when Wm. P. Frye of Maine was serving on the War Claims Committee of the House. A lobbyist in some way ascertained that Mr. Frye was instructed by his committee to report a bill favorably by which a considerable claim would be paid. The rascal found the claimant, and told him that for five hundred dollars Mr. Frye would make a favorable report, otherwise his report would be adverse. The claimant paid the sum. But for an accident Mr. Frye never would have known of the fraud, and the claimant would have believed he bribed an honest member.

I opposed the payment of a large class of claims presented for institutions of learning or church buildings destroyed by one or the other army, not so much on account of their disloyal owners, but because their destruction belonged to the general ravages of war, never compensated for, as of right, according to the laws and usages of nations.

Besides making reports on various war claims, I spoke (December 13, 1878) at some length against a bill to reimburse William and Mary College, Virginia, for property destroyed during the war, in which I collated the precedents and reviewed the law of nations in the matter of payment of claims for property destroyed in the ravages of war by either the friendly or opposing army. I also frequently participated in the debates on the floor of the House involving war claims and other important matters.

The necessity for presenting claims for the judgment of Congress results in the most grievous wrong to honest claimants, and often results in the payment of fraudulent claims through the persistency of claimants and the lack of time and adequate means for investigation. In the absence of judicial investigation according to the usual forms of procedure it quite frequently happens that fraudulent claims are made to appear honest, and hence paid. Want of time causes other, however just, to fail of consideration, thus doing incalculable injustice. The government of the United States suffers in its reputation from its innumerable failures to pay, at least promptly, its honest creditors. Thousands of bills to pay claims are annually introduced which go to committees and to the calendar, never to be disposed of for want of time. To remedy this, on April 16, 1878, I proposed in the House an amendment to the Constitution in these words:

"_Article ----_

"Section 1. Congress shall have no power to appropriate money for the payment of any claims against the United States, not created in pursuance of or previously authorized by law, international treaty, or award, except in payment of a final judgment rendered thereon by a court or tribunal having competent jurisdiction.

"Section 2. Congress shall establish a court of claims to consist of five justices, one of whom shall be chief-justice, with such original jurisdiction as may be provided by law in cases involving claims against the United States, and with such other original jurisdiction as may be provided by law, and Congress may also confer on any other of the courts of the United States inferior to the Supreme Court, original jurisdiction in like cases.

"Section 3. All legislation other than such as refers exclusively to the appropriation of money in any appropriation act of Congress shall be void, except such as may prescribe the terms or conditions upon which the money thereby appropriated shall be paid or received." --_Con. Record_, Vol. vii., Part III., p. 2576.

The adoption of this amendment would have relieved Congress of much work; have given claimants at all times a speedy and certain remedy for the disposition of their claims and at the same time secured protection to the government against unfounded claims. A statute of limitations could have put a rest old and often trumped-up claims, still constantly being brought before Congress. It is impossible for Congress to make a statute of limitations for its own guidance.(10) It never will obey a law against its own action.

In the Forty-sixth Congress there were many contested election cases, growing out of frauds and crimes at elections, especially in the South. The purpose of the dominant race South to overthrow the rule of the blacks or their friends was then manifest in the conduct of elections. The colored voter was soon, by coercion and fraud, practically deprived of his franchise. The plan of stuffing ballot-boxes with tissue ballots (printed often on tissue paper about an inch long and less in width) was in vogue in some districts. The judge or clerk of the election would, when the ballot-box was opened, shake from his sleeve into the box hundreds of these tickets. In these districts voters were encouraged to vote, but the tissue ballot was mainly counted to the number of the actual voters; those remaining were burned. The party in the majority in the House, however, generally voted in its men, regardless of the facts.

As early as June 7, 1878, I proposed to amend the postal laws so as to extend the free-delivery letter-carrier system to post offices having a gross revenue of $20,000. This amendment subsequently became a law, and gave many cities the carrier system. Prior to this, population alone was the test for establishing such offices.

I opposed the indiscriminate distribution of the remaining $10,000,000 of the $15,500,000 paid by Great Britain, as adjudged by the Geneva Arbitration, for indemnity for losses occasioned by Confederate cruisers which went to sea during the Rebellion from English ports with the connivance or through the negligence of the British Government. I insisted in a speech (December 17, 1878) that the fund should be distributed in payment of claims allowed by the arbitrators in making the award, or retained by the government as general indemnity. Many of the losers whose claims were taken into account in making the award could not be proper claimants to the fund, as they had been fully paid by marine insurance companies. It was insisted by some members that the companies had no equitable right to be subrogated to the rights of the claimants who were thus paid, because the companies had charged war-premiums, and hence did not deserve reimbursement.(11)

The Forty-sixth Congress will long be memorable in the history of our country. It was Democratic in both branches, for the first time since the war.

The previous Congress (House Democratic) adjourned March 4, 1879, without having performed its constitutional duty of appropriating the money necessary to carry on,. for the coming fiscal year, the legislative, executive, and judicial departments of the government, and for the pay of the army. The avowed purpose of this failure was to coerce a Republican President to withhold his veto and approve bills prohibiting the use of troops "to keep the peace at the polls on election days"; taking from the President his power to enforce all laws, even to the suppression of rebellion, except on the motion first taken by State authorities; repealing all election laws which secured the right, through supervisors of elections and special deputy marshals, to have free, fair elections for electors and members of Congress; and also that made it a crime for an officer of the army to suppress riots or disorder or to preserve the peace at elections.