IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I 11.25 ■ 50 l*^* E^ IIIII2.2 |56 ■2.5 I UUU m 1.4 mil 1.6 V] VI / '/ >^ Photographic Sciences Corporation 23 WiST MAIN STREIT WEBSTER, N.Y. 14580 (716) 872-4503 l\ iV K K'Vi- i i . H 1UK \Nij I'UBLiC SERVICES o: K 1 i^>r Al:» 1) .1^- BAKK !J xs S!-> ^T'Hi; Fl'OM.'ntKu'/'^. e i- J« > ■ I ^ . ■■.'•>:," ' \. l\ ;:U- -.. " Who tr-<-\ \h-r i"-.i • ^t; M.»h'.'B*'iK' [>f iv,.s: w..a:i. t,Arr: ■ -' ' \ I '■ .? ..4 :f*^?a?;.;>i »"r^-' %" "I^M /■^'i. '■1 h SKETCH (»K THE LIFE AND PUBLIC SERVICES Of EDWARD D. BAKER, nnm states senator from oregox, AND FORMERLY REPRESENTATIVE IN CONGRESS FROM ILLINOIS, WHO DIED IN BATTLE NEAR LEESBURG, VA., OCTOBER 21, A. D. 1861. <' Who trod the ways of glory, And sounded aU the depths and shoala of fame." Shakesfeabe. A * By JOS. WALLACE. SPRINGFIELD, ILL.: 1870. 1 Entered according to Act of Congress, in the year 1870, by JOSEPH WALLACE, In tho Clerk's Office of the Dietrict Court of the United States for the Southern District of IlUnois. JouRNAi. Company, Pbinteks and Bindebs, Springfield, III. PREFACE. theru •««'■ From time immemorial, it has been a custom with the noble fraternity of authors, whenever they offered a new book to the reading public, to preface it with such remarks, explanatory and apologetic, as might be deemed best to secure the favorable attention of that public. In accordance with this time-honored usage, the writer of the present sketch, before introducing his hero directly to the reader, begs leave to offer a word of explanation. The principal portion of the following memoir, with others of eminent Illinoisans, was prepared, by the writer, about the close of our late civil war, with the view to a joint publication ; but that idea having been temporarily abandoned, he now offers this little work to the public in a separate form. A number of fugitive notices and obituaries of Colonel Baker appeared in the newspapers of the country, at the time of his death, and, soon thereafter, a well written 'iv PREFACE. biographical article from the ready pen of Mr. John Hay, (present secretary of American Legation at the Court of Madrid,) which Avas printed in Harper's Magazine for December, 18G1. Other brief sketches, more or less accurate, are also to be found in the late Encyclopedias, and among the various historical records of the Eebel- lion. Nothing, however, in the shape of an extended narrative, has hitherto been published of one, whom, in life, the nation willingly honored. To supply, in some measure, what, in this respect, seems to be a public want, is the object of the present volume — a work which, while making no pretensions to the character of a full and elaborate biography, is, nevertheless, the most complete of any previously produced of its gifted and lamented subject. The writer has aimed to write not as a J 3an, but to portray the man just as he was ; letting mm speak for himself upon the great questions dividing public sentiment in his day. The eulogies of Hon. O. H. Browning, of Illinois ; of the late Hon. James A. McHougall, of California, and of Hon. Schuyler Colfax, of Indiana, delivered in the Congress of the United States, on the occasion of the formal announcement of Senator Baker's demise, are, in themselves, fine oratorical productions, and constitute a valuable portion of this book. They are inserted in the form of an appendix at the close of the sketch. ^ w PREFACE. y The photographer of the likeness of Colonel Balccr, which precedes the title pa.ge, is Mr. Isaac II. Voorhis' of Springfield, Ill.-thc picture being copied from an' elegant steel portrait in the hands of Dr. William Jayne, of this city. With these introductory remarks, and without under- taking to apologize for its many imperfections and deficiences, the Avriter submits his work, with whatever of merit it does possess, to the candor of those who may choose to read it. Spkin'gfikld, February 1st, 18V0. F l! ! ERRATA. On page 14, Cth line of the last paragraph, for Broad Axe River, read Bad Axe River. Page 51, next to last line of the first paragraph, for gray hald, read good gray. Page 56, Uh line of the last paragraph, for leader, read leaders. Page C5. 11th Une of the middle paragraph, for incapable, read capable. Page 66, 11th line of the first paragraph, for 1832, read 1830. Page 111, bottom line, fo' Vew, read Xeio York. Page 114, introductory )ine, for Vieioa, road View. CONTEJSTTS. PAGK. His Birth — Parentage — Early Life 10 lie Studies Law, and Marries 13 Serves in the Black Hawk War — Removes to Springfield 14 Laying the Corner Stone of the Old State Capitol 17 Mr. Baker in the Legislature 10 His Election to Congress 23 Brilliant Speech on the Oregon Question 21 Mr. Baker's Letter to his Constituents — He I;ectures in Baltimore. 31 He Takes Part in the Mexican War — Speech on that Subject ... 33 He Removes to Galena — Is re-elected to Congress 40 His Eulogium on President Taylor 42 The Panama Railroad 46 Colonel Baker in California 49 His Celebrated Oration on the Death of Senator Broderick 51 He goes to Oregon — Is elected to the United States Senate 61 His Great Speech in the Senate 65 Remarks on the Pacific Railroad Bill 83 Remarks on the Peace Conference Propositions 89 He speaks in New York City — Enters the Field in the War of the Rebellion 98 His Memorable Reply to Senator Brecken ridge 99 The Battle of " Ball's Bluff' —Colonel Baker's Death 106 His Funeral Obsequies Ill General View of his Character 114 APPENDIX. Eulogy of Hon. 0. H. Browning 127 Eulogy of Hon. James A. McDougall 134 Eulogy of Hon. Schuyler Colfax 142 I 1 ' ^ ,.- EDWARD D. BAKER, • THE ORATOR AND SOLDIER. " Whene'er he speaks, see ! how the listening throng Dwell on the magic of his tongue, And when the power of eloquence he'd try, Here lightning strikes you, there soft breezes sigh." Plutarch, that great literary ornament of his age and country, has said : " Eloquence is to be looked for only in a free State"; and, quoting Longiuus, has fur- ther observed : " Liberty is the nurse of true greatness ; It animates the spirits and invigorates the hopes, of men; excites honorable emulation, and a desire of ex- celling in every art. All other qualifications may be found among those who are deprived of liberty, but never did a slave become an orator ; he can only b Jcome a pompous flatterer." These philosophic truths find an apt and forcible illus- tration ;ri the history of our own country, which has ever been famous for the number and ability of its ora- tors. If there is any one thing of which the American ■^: 10 THE LIFE OF \> 1 1 H peoi>le arc peculiarly fond, indopendont of an all-perva ding spirit of gain, it is fine speaking. They have an unusually high, not to say inordinate admiration for men, blessed by nature with the divine gift of elo- quence ; and hence any man possessed of a reasonable share of brains and culture, if he be but endowed with a plausible address, fluent tongue and bold imagination, may safely calculate on sooner or later attaining honor, office and emoluments at the hands of his countrymen. Looming proudly up at the head of this class of men, who, at different periods in the history of this Republic, have suddenly shot up in the political firmament, and shone for a time with all the dazzling radiance of meteors, is the honored name of him whose eventfir and romantic history we now essay to write. HIS BIRTH — PARENTAGE — EARLY LIFE. ti il It was a bleak morning, the 24th of February, 1811, in an humble apartment in the cit}'' of London — that great centre of the world's commerce, and time-honored seat of literature and civilization — that Edward Dick- inson Baker first opened his eyes to behold the light of day, and his infant mind first took cognizance of the ])usy, bustling, teeming world around him. Of the precise rank and character of his family, it is difficult, at this distance of time and place, to form a determi- nate opinion, though he was evidently of pure Anglo- Saxon blood. His father, Edward Baker, was a man of considerable education, and possessed of literary tastes. His mother was a sister of Captain Thomas Dickinson fc! EDWARD D. BAKER. 11 all-perva ^hey have .dmiration ;ift of elo- reasoiiablc ved with a lagiiiatioii, ling honor, untrymen. iss of men, 8 Eepublic, iment, and adiance of iQ evcntfir E. uary 1811, don — that iie-honorcd ^ARD DlCK- the lii»*ht ince of tlie Of the is difficult, a detcrnii- uve Anglo- 18 a man of ary tastes. Dickinson of the Britisli navy, an officer of distinction, who fought with great gallantry under Lord Collingwood at Tra- ftxlgar. Edward D. was the eldest of a family of five children, two of whom survive him, viz : Dr. Alfred Baker, of Pike county, Illinois, and a sister named Elizabeth, who married Mr. Theodore Jerome, and sub- sequently removed to California. About the close of our last war with Great Britain, when Edward D. was in the fourth year of his age, his father emigrated with his family to America, Landing at Philadelphia, he engaged in the vocation of teaching, but with what success is not ascertained. Young Ed- ward spent the ensuing ten years of his life in the city of '' Brotherly Love," where some of his more distant relatives still reside, and where his name is held in affectionate remembrance. Of his early habits and favorite pursuits, but little is known ; though it appears that while a boy he was full of spirit and fire, quick of apprehension, naturally in- clined to bold attempts, and likely to make a figure in the w^orld. We are told that, in consequence of the indigence of his parents, as soon as he was old enough to engage in manual labor, he was apprenticed to a weaver, and kept at this humble and laborious trade for some years. In 1825, the elder Baker, impelled by that restless spirit of adventure which afterwards formed so pre- dominant a trait in the character of his gifted son, gathered together his little stock of household goods, and again turned his face westward, with the hope of riinproving his fortune, lie first rested at the little . * "•Tf;.-. ill [t il II 12 THE LIFE OF town of New Harmony, Indiana, in the rich valley of the AYabash. Remaining there only a year or two, he journeyed still further west, finally locating in Belle- ville, St. Clair county, Illinois, Avhither his son Edward had already preceded him on foot fi'om the Wabash. Here he opened a select school, which he conducted Buccessfully for several years. Belleville, at this period, was the most important town in the State — the homo of many of her leading men, and distinguished for the wealth, refinement and hospitality of its inhabitants. It was in the refined social atmosphere of this goodly place that young Baker, then a sprightly lad of fifteen, passed the next two or three years of his life, and his intellect began to expand into full power and maturity. He, perhaps, never had any taste for, if he ever enjoyed the opportunity of pursuing, a sys;ematic course of study, such as has ever been considered, by the best educators of youth, essential to the harmo- nious development and proper discipline of all the in- tellectual faculties. But he early manifested a strong passion for books, reading with avidity everything on which he could lay his hands, particularly History, Biography and Poetry. It is said that his marked taste for literature attracted the attention of the accomplished and lamented Governcr Edwards, then a resident of BeUeville, who gave the youthful student free access to his extensive and well selected library. Possessing a rare aptitude for acquiring information, a ready and highly retentive memory, his mind soon became stored with the rich treasures of literary lore, from which, in af- ter years he drew copiously as from a perennial fountain. n 1' EDWARD D. BAKER. 13 3h valley of or two, he a; in Belie- on Edward lie "VVabash. condueted this period, —the homo ihed for the inhabitants, this ffoodlv d of fifteen, ife, and his d maturit3^ if he ever systematic sidered, by the harmo- f all the in- d a strong ry thing on y History, arked taste eomplished resident of G access to assessing a ready and ame stored rhich, in af- il fountain. From Belleville, Baker went to St. Louis in quest of employment ; and here, to meet necessary expenses, he drove a dray for at least one season. HE STUDIES LAW — MARRIES — JOINS THE CHURCH. Dissatisfied with St. Louis, we next find him at Car- rollton, the seat of justice of Greene county, Illinois, where he began the study of law^ in the office of Judge Caverly, serving, at the same time, as a deputy in the county clerk's office. How long he thus pursued his legal studies is undetermined ; perhaps not more than a year, for as soon as he had gained a superficial knowl- edge of the science, being spurred on by necessity, he procured a license and commenced practice. Owing, however, to his youth, limited legal attainments, and the absence of influential friends, he met, during the first years of his professional life, with but indifferent success. Having become entangled with an affair of the heart, Mr. Baker Avas married on the 27th of April, 1831, to Mrs. Mary A. Lee, a widow lady with tAvo children, and considerably his senior in years. This alliance proved a happy one, though it added comparatively little to his fortune. Four children were born of this union — two soils and two daughters. The daughters have long since married, and with their aged and widowed mother now reside on the far Pacific coast. Soon after his marriage, Baker joined the Reformed or Christian church, of which his wife w^as a worthy member. Being naturally of an impulsive and enthu- siastic temperament, he was, for a time, prompt and \ 14 THE LIFE OP I ,1! ■ I " i •( 1(1 Kcalous in the discharge of his religious duties, became an able exhorter, and began to entertain serious thoughts of entering upon the work of the ministry. But as years glided by, his mind becoming occupied with poli- tics, and feverish with the gn a wings of ambition, ho gradually " slipped the anchor of faith," and was no longer seen in his accustomed place in the house of de- votion* It was while an active member of the Christian church that he first discovered that boldness of thought and opulence of expression, that graceful and i>ersuasive manner of speakingj for which he became so justly celebrated in maturer life. SERVES IN THE BLACK HAWK WAR- FIELD. -REMOVES TO SPRING- In the spring of 1832, Mr. Baker enlisted Jts a private in the memorable Black Hawk war, and thus improved the opportunity afforded of gratifying his early predi- lection for martial pursuits. He served in the vohmtecr ranks until 'the close of the campaign hy the decisive battle of Broad Axe River ; but it does riot appear that he achieved any special distinction. In this connection, however, a story is told which will serve to illustrate his youthful daring and intrepidity, W^en his regiment was mustered out of service, near Dixon, on the upper waters of the Mississippi, instead of returning home overland with his comrades-in-arms, he procured a canoe from some friendly Indian, and, accompanied by a sin- gle companion, boldly descended the Father of Waters it distance of aibout 300 miles, to some convenient point 1 •J EDWARD D» BAKER. 15 ties, became ms thoughts ly. But as id with poli- imbitioii, ho md was no house of de~ stian church hought and I i>ersuasivc >c so justly 3 TO SPRING- Jts a private lis improved early predi- le volunteer he decisive ippear that Iconnection, |o illustrate lis regiment the upper [ning home •ed a canoe by a sin- of Waters tiienfc point in Calhoun county, where he landed his frail bark, and thence proceeded on foot to his home in Carrollton. In 1835 Mr. Baker removed to Springfield, then a thriving shire town of 1500 souls. At this time he was in the 25th year of his age, and in appearance not re- markably prepossessing. His dress comported well with the straitened state of his finances. He wore a dilapidated hat of an antique pattern, and a suit of homespun jeans, loosely and carelessly thrown about him. The pants, being some inches too short, exposed to view a pair of coarse woolen socks, whilst his pedal appendages were encased in broad, heavy brogans, such as were commonly w^orn by the stalwart backwoodsmen of the day. Nevertheless, his step was elastic, his figure neat and trim, and the features of his face regular and pleasing to the eye. One glance at his manly counte- nance was sufficient to impress the observer with the belief that upon that brow " intellect sat enthroned," whilst his eyes beamed with wit and good nature. He was then as a diamond in the rough, which only needed to undergo the refining process of the lapidary, in order that its native hues might shine forth in all their original lustre. Shortly after coming to Springfield, Mr. Baker asso- ciated himself in the practice of law with Josephus Hewitt, Esq., who afterwards removed to Natchez, Mississippi. Subsequently, he entered into partnership with the now venerable Judge Stephen T. Logan, and for a short time with AlbtH T. Bledsoe, late assistant Secretary of War of the late Southern Confederacy. It was here that Baker first* applied himself seriously to \ :^ I 16 THE LIFE OP the duties of his profession, and hero he won his first hiurels as an advocate. Xo town of equal size in the "West could boast of such a johalanx of forensic and political talent as was, about this time, to be found at the Springfield bar. " Here have aris'n men of towering mind, Tlie praise of nations, glory of our kind. Those who have poured the forceful legal strain, Or held the assembly bound with magic strain ; On battle fields have shed their generous blood, Or midst the proudest in the council stood." Lincoln, Douglas, McDougall, Shields, Logan, Trum- bull, Stuart, McClei'nand, and others, were men whose abilities, learning and eloquence would have graced any court and dignified any bar — men who have shed unfa- ding lustre, not alone upon the State of Illinois, but upon the whole L^nion. Some of these are dead, but others are living still, noble examples of the preceding- generation. With such formidable rivals as these. Baker was com- pelled to struggle for that eminence in his profession which he rapidly attained. Although disinclined to close, continued study, and often negligent in tlie prepa- ration of his cases, he had sufliciently mastered the princii^les and intricacies of legal sciencs as to meet the ordinary" requirements of practice, and his native genius supplied any deficiency. His confident, self-possessed air amidst the bustle of a court of law, his quickness of perception, ready wit, fertility in resources, and ardent eloquence, enabled him to achieve the victory in spite of the most determined opposition from older or "^m-. EDWARD D. BAKER. 17 ^on his first I size in the Drensic and )e found at rain, in; 0(1, more experienced antagonists. In jury cases he was ef*peeially successful ; for in these he was less fettered by those legal forms and technicalities which ordinarily curb the reins of youthful imagination, and crush the flowers of fancy. Indeed, a jury to him was but a miniature popular assembly, before which he would pour out his argument and invective at will, or indulge in those exquisite touches of pathos, which failed not to awaken the sympathy and move the hearts of his auditors. gan, Trum- men whose graced any ) shed unfa- llinois, but dead, but preceding r was corn- profession inclined to the prepa- stered the o meet the ;ive genius f-possessed quickness irces, and victory in ti older or LAYING THE CORNER STONE OF THE OLD STATE CAPITOL. Mr. Baker first came into public notice by being selected to deliver the oration on the occasion of laying the corner stone of the old State House in Spring- field, on the 4th of July, 1837. The following concise, yet historically interesting, account of the ceremony is taken from the files of the ''Sangamo Journal," under date of July Sth of that year: "This (lay (July 4tli) was celebrated in Springfield witli unusual (cJat. The military companies of tlie town, and Capt. Xeale'M newly organized company of horse, under the connnand of Major liaker, were early on parade. A feu a'cjoie was fired at sunrise. Al'ter vari- ( us (evolutions of the military in the forenoon, they partook of a dinner furnished by Mr. W. Watson. In the afternoon a i)rocession was formed, at the First Presbyterian chureli, of mendjers of the Mechan- ics' Institute, with banners displayed, and citizens, who were escorted to tlie Metliodist church by the military, where Mr. Wiley delivered a very appropriate address; alter which the procession was again formed and moved to the Public Square. The imposing ceremony of laying the corner stone of the new State Mouse Mas then performed. The committee for that purpose were : 18 THE LIFK OP I • ' ■ "A. G. Ilcnry, Actinrr Conimissionor ; J. V. Raj^nio, Prosldoiit of Me- chanics' Institute ; R F«>re Court with contempt, and denying an appeal from the tribunal over which he pre- sided. He has treated with contempt and scorn the process of a Court of the United States, which he was bound to obey, by refusing to hear it, and by treating it Avith utter neglect. He acted in an arbi- trary and oppressive manner, by threatening counsel for presenting in a resj»ectfnl nulnner the process of the Supreme and of the District Court of the United States, and by actually punishing them for so doing, not once only, but repeatedly, under the influence of passion and excitement, therel)y perverting the power placed as a sacred trusk in his hands to the indulgence of personal feeling and private resentment. " He has shown culpable ignorance of the law, by quashing an indictment for the sole reason that the clerk liad left out one word in the copy delivered to the prisoner, and by quashing indictments atone term, for the single reason that the date in the caption was in figures, when the statutes of the State expressly directs the caption to be so written, thereby permitting crime to have a free course, obstructing public justice, and degrading the character of the Judiciary in the eyes of the world. " These facts have been proved in the presence of this House, and every candid observor will bear us witness ihat they have received no darker coloring from our statements ; and yet, with these startling facts fresh in the recollection of the House, it has been solenudy deci- ded by a majority, in which was included every member agreeing in political sentiments with the respondent, that they did not aftbrd rea- son that the said John Pearson should be impeached. That decision is final ; he is again to ascend the bench ; again to be entrusted with the issues of life and death, and again to officiate, not merely as a .h m0. w. ri *>'> THE LIFE CP minister of stern and impartial justice, but as the representative of the majesty and dignity of tlic law. "To permit this result withoiit the formality of a trial, is, in our estimation, dangerous, if not fatal, to the purity of the judicial char- acter. We have ever struggled to maintain the independence of the Judiciary, and to place it high above the assaults of party violence and political feeling ; but we have also desired to see all Judges amenable to the law they are called upon to administer, and subject to those restraints wisely provided for iu other countries, and in the Constitution of our own. We believe that, in this case, the authority of precedent, the usages of the past, and the dictates of the Consti- tution have been alike disregardeu; and being firmly of the opinion that the decision of tlii~: House will tend to render vju.' Judges irre- sponsible, and to bring our courts into contenti)t — to destroy the rights of individuals, and cast disrespect on the administration of public justice. " AVe, therefore, present this renu)nstraiice against the judgment of this House; and if, as citizens of the State, rejoicing in her honor and sorrowing in her shame, we shall find these predictions fulfilled, and be compelled to Icok back at the action of this honorable House as the fruitful source of judicial tyranny and oppression, casting a .stain upon the public character, and bringing ruin to individual inte- rest, wo at least desire thai all men may know that we have not assented to the decision, so we are not answerable for the consequen- ces. Tiierefore, against the resolution of tiiis House, declaring that the Hon. John Pearson, Judge, &c., should not be impeached an«l brought to trial, we do most respectfully but earnestly protest." i In 1840, Mr. Baker oiitored with urdor into tlie cele- brated "Log Cabin" ai.d ''Hard Cider Campaign." In connection with Lincohi, Hardin and other prominent AVliigs of central Illinois, he took the 8tump, and threw nil his influence in favor of the "Tippecanoe and Tyler too " caiulidates of tl,«e Whig party, and against iMartin EDWARD D. BAKER. 01 Van l^urcn, the Democratic candidate for President, General Harrison was triumphantly elected; hut Illi- nois, heing strongly Democratic, was carried for Mr» Van Buren hy a small majority. In the same year, Baker was elected to a seat in the Illinois State senate, which position he lield for four years. Though still a young man, his abilities and ex- perience placed him at once in the front rank, and caused him to be recognized as one of the leaders on the Whig side of the senate. He participated in every important debate — "more," perhaps as was once ob- served of Sir William Pulteney, " for his own im])r()ve- nient, than with any expectationof materially changing the vote." m L-'f..' w HIS ELECTION TO CONGRESS. Mr. Baker had now served with much credit and ac- coplabili^y in both branches of the General Assembly. The ffood fortune which had thus far attended his political^ career, inspired him with fresh confidence in his owm powers, and stimulated his ambition to reach a liigher and more extended field of usefulness than that aitbrded by a mere State Legislature. Accordingly, in 1844, he sought and obtained the nomination for Con- gress in the Capital district of Illinois. Defeating his I^emocratic competitor, John Calhoun, (subsequently of Kansas notoriety) by a majority of 700 votes, he took his seat at AYashington in December, 1845 — being the only Whig representative from his State. His colleagues in this Congress were Stephen A. Douglas, John A* i %: kM tA I 24 THE LIFE OF I I 1| McCleriiand, John Wentworth, Orlando B. Ficklin, Kobert Smith, and Joseph B. Iloge. At this time the princij^al topic of discussion in leg- islative and diplomatic circles was the " Oregon Boun- dary " dispute, which, it was thought, would eventuate in a war with Great Britain. Baker, ever jealous of the honor of his adopted country, took high ground in favor of the retention, by the United States of all ter- ritory to which claim had been laid, and was classed among what were known as the " Fifty-four Forties, or fight." On January 16th, 1846, he offered in the House, the following spirited resolution expressive of his views on this exciting question: Hcanlvrd^ That, in tlie opinion of this House, the President of the United States cannot consistently, with a just regard for the honor of the nation, oifer to surrender to any foreign power any territory to which, in his opinion, we have a clear and unquestionable title." BRILLIANT SPEECH ON THE OREGf^N QUESTION. A few days thereafter, when the resolution from the committee on Foi-eign Affairs, requesting the President to notify Great Britain of the intention of the United States to terminate the joint occupation of Oregon, and to abrogate the convention of 1827, was under conside- ration in Committee of the Whole, Mr. Baker addressed the Committee in a speech of great eloquence and abili- ty, favoring the adoption of the resolution. This speech was deli,vered with uncommon animation, and with such astonishing rapidity that, it is said, the reporter found it impossible to take it down as fast as it was uttered. 15! I EDWARD D. BAKER. 25 3 Views In the course of his remarks, when referring to the power and greatness of his native hmd, he thus sub- Uniely spoke : "Mr. Chairman, I admit tlie ^)owcr of England ; it is a moral as well as a physical supremacy. It is not merely her fleets and her armies ; it is not merely her colonies and her fortresses — it is more than these. There is a power in her history which compels our admiration and excites our wonder. It presents to us the field of Agincourt, the glory of Blenheim, the fortitude of " fatal Fontenoy," and the fortunes of Waterloo. It reminds us how she ruled the empire of the wave, from the destruction of the Armada to the glories of Trafalgar. Nor is her glory confined to arms alone. In arts, in science, in literature, in credit, and in commerce, she sits superior. Hers are the princes of the mind. She gives laws to learning and limits to taste. The watch-fires of her battle fields yet flash warning and defiance to her enemies, and her dead heroes and statesmen stand as sentinels upor^ iiiiiuortal hights, to guard the glory of the living. " Sir, it is thus I view the policy of Great Britain. I am, therefore, not concerned at the description given of it by the gentleman from South Carolina. But I confess, sir, that this conviction of her great- ness makes a very different impression on his mind and on n)ine. He recounts her fleets, her armies, her steam marine, her colonies, as reasons for what I understand to be submission. He draws a picture of our commerce destroyed, our flag dishonored, and our sailors imprisoned ; our lakes possessed by the enemy, and, worse than all, our industry destroyed, and the spirit of our people broken. Sir, what is this but an appeal to our fears ? It is an appeal which will find no echo in the depths of the American heart. I, on the contrary, point to the glory of England in a spirit of emulation. She has attained her greatness by her fortitude and valor, as well as by her wisdom. She has not faltered, and, therefore, has not failed. If she has sometimes been grasping and arrogant, she has, at least, not *' blenched when the storm was highest." It is true that she has steadily pursued the line of a great policy ; and for that policy she ha.s dared much and done more. She has considered her honor and her A ,.l Wo;l *** I, 26 THE LIFE OF : ef • >>> " The i taken attached ig by the argo and >oii civi- wido ill id say that, •ily. He lahitaneo I onward, roe. Its i been in t' general rt of the jwiied in ent pros- ial inter- inements Wliilst ', if they ho come ges, and led from itate the Br, when jrce into Stic vir- d. sea and a grand ng com- The views of tlie speaker upon tliia point were beautiful, elofpient, and comprehensive. lie left no room to doubt tliat the influence of eoni- nierce upon civili/ivtion was all-powerful. It carried the most ingenious arts, and approved sciences into the very midnight of liumaii habita- tions; the seeds of which being sown, soon sprung up, fertilizing and ameliorating the condition of man — producingabundant harvest, which, in the fullness of time, was gathered in to nourish the great cause of moral excellence and progressive civilization. "Tlie lecture, throughout, was heard by an attentive and admiring audience ; who were not only agreeably entertained, but, we feel con- fident, received there from information highly beneficial. The Speaker's iiiauner of delivery was accomi)lished, and the style and language of his lecture, choice ami elegai.t. The closing portion was truly beauti- ful, charmhig the hearer in enraptured admiration." HE TAKES PART IN THE MEXICAN WAR- SUBJECT. -SPEECH ON THAT AVhen the war hroke out with Mexico, Baker's mar- tial spirit was fully aroused. Having*, as we have already mentioned, seen some service in one of our frontier wars} Avith the Indians, he could not now content himself to luxuriate in inglorious ease, whilst others were winning lamals on the "tented field." He accordingly • hastened home to raise a regiment of volunteers, and proceed to the theatre of strife, where battles were to be fought and glory won. " The announcement of his name and purpose was as magical as the summons of Ehoderic Dhu; more ottVivd than could l)e acce])ted — " From the gray sire, whose treml)ling hand Could hardly buckle on his baud, To tlie raw boy, whose shaft and bow Were yet scarce terror to the crow, Till at the rendezvous they stood. By hundreds prompt for blows or blood."' A f e w^ 'if ■s?Ste If ^^: ni THE LIFE OF I I ! His rt'i^imeiit being i)ronii)tly tilled, it was ncecpled. ]»v the Government, as the 4th Illinois Ini'antiy. On the U ide. h arrivinijj at Jlatanioras, on tlie ino urande. tie soon (liseovered that the troojis stood greatly in need of additional tent equipage, munitions of war, &.v. Uc- maining in eani]) for a few months, he aeeepted the ]K)sition of a hearer of despatches to the A\^ar JJepai-t- ment, and repaired to Washington. Congress being in sesisioU; and not liaving resigned his seat in the House lu- availed himself of liis privilege as a member to make a s])eeeh of magical power, in favor of a vigorous prosecution of the war, and in behalf of the volunteers then in the iield — whose Avants, he contended, it was the duty of the government at once to supply. AVe present here a few leading extracts from this tine impromptu effort, delivered December 28th, 184(5. Mr. Baker bei^-an as follows : " Mr. Spo.'ikor, I dosiro to reiuiii my sincere ackiiowledgnients to tlio.se j^entleiiieu on both slides of the IIoum.', who, I know, have been anxiou.s to obtain the floor, but have kindly yielded it to me that I iiiiLdit have the opportunity of addressing to the ITou.^e a few hasty remarks, before returning to the army in Mexieo. While I thank the gentlemen for this act of courtesy, I beg leave to say that I understand it to be intended by them as a tribute to the gallantry and devotion of the brave men with whom I am associated. For myself, I must say, that 1 feel humbled when I remember how little I have done to deserve such Ifindness, or to entitle me to anv such mark of regrrd. I could wish it had been the fortune of the gallant Davis — formerly a member on this floor, but now far disiant, engaged in fighting for hi3«ountry — t(j now stand where I do, and to receive from gentlemen on all sides the congratulation? so justly due to him, and to listen to the praises of his bivive compeers. For myself, I have been unfortunately left far u fiDWARD D. DAKKR, 85 ry. On lie soon need of ki'. Uv- ite(l tlie Deparl- ))eini;" in I House inl)er to s'iii;oroiis ihinteei's I, it was this tine id. Mr. gnieiitti to ave been lie that I cw hasty hank the ulerstaiul .n'otioii of uust say, deserve I could member lountry — all sides fe praises y left far in the rear of the war, and, if now, I venture to say n word in behalf of those who have endured the severest hardships of the struggle, whether of M( th in the bloody streets oi luonierey, or m a yei sienier lorni on tno banks of the Uio Grande, I beg gentlemen to believe that while I feel this a most i)leasant duty, it was with others a duty full of i)ain ; for I stiuid here, after six months servieo as a volunteer, having seen no actual warfare in the field. " It is not without profound astonishment that I have ol)served tho course of the i)resent debate, us it has thus far proceeded. I am sure that it was not imagined, and would scarce be believed by my brave companions in Mexico, that in this the-third week of the session, the American Congress was in grave debate on the subject of mt»bs in Ohio, and by what numerical majorities certain individuals have been chosen to the next Congress. The men who have fought at Palo Alto, at Resaca and at Monterey had not expected this. The men who have endured on the banks of the Kio Grnnde all that fierce disease, aggra- vated by the want of even the ueeessaries, whether of war or of mere subsistance ; half clothed, hardly fed, are looking from Matamoras and Tanipico, with all the earnestness of their souls for the moment of advance ; whose eyes are looking for aid, support and encouragement from Congress, and their friends at home — these men certainly have not anticipated such a spectacle on this floor as I have had the pain to witness, and must suffer the still greater pain of declaring to them. " I am constrained by what I have >'oen and heard to believe that Congress is not quite informed as to the actual state of things in Mex- ico. However this may be, I have a few fiicts to state, to which I respectfully invite your attention. It is not my purpose to engage for a moment in anything like political or party controversy. Where my sympathies have once been, I need not state ; and where they have been, there they still are, and there they will remain through good and through evil fortune, unchanged. But at present, I cannot perceive that the question of "Whig or Democrat has to be put in order to decide upon the only question wdiich is now, or ought to be, before the House ; and my object is to urge the members of the House, without regard to party difference, to act immediately, to act efficiently in behalf of the gallant army, now toiling, bleeding and suffering in a foreign land. f f I * i. i->v 7-^4! A hi ti ^1 1 H Hi t i , 36 THE Lli^E OF " In the first place, the army in Mexico needs more men, and more money ; and they need it now, without delay. 1 have been informed that the entire force now in the field, inviuding Taylor's column, Butler's division. Wool's column, and Patterson's division, is not over 11,500 nen, evoluding perhaps Gates' artillery battalion, and two other regiments, now recruiting, and some troops which may have a,rrived by this time at Tampico. With this amount of force, there is an area of country to be covered which it is difficult to describe. Connnencing at Monterey, it extends to Saltillo, Montemoredoz, Mata- moras, Camargo, Coahuila, and through Victoria to Tampico itself, and as much farther as we may be able to penetrate. Of this number, it Avill require at least 8,000 to garrison Saltillo and Monterey, and thus hold the advance we have already made in that direction, exclusive of Chi)iu;■> J, ^^•^ ,!.»;1 ITe wejit forward into the interior of Mexico with the main body of Gen. Scott's army, and bravely led his men to the charire under the '• leaden hail" and "'sheeted fire,'' w liicli rained upon them from the frowning and embattled heights of Cerro Gordo. When the intrepid and chivalrous General Shields fell at the head of his ft f ^ •Irt THE LIFE OF brigade, badly wounded, Col. Bakev immediately assum- ed command of the same, made a gallant cbarge upon the enemy's works, turned their flank, drove them from their ]>osition, and contributed materially towards win. ning that s])lendid victory which forms one of the briglitest chapters in the history of the Mexican wai", and an unfading laurel in General Scott's chaplet of fame. Not long after the battle of Cerro Gordo, the term of enlistment of Col. Baker's regiment expired, and the men not desiring to re-enlist, were mustered out of service. He was, therefore, reluctantl}', compelled to qui t the tie i ore the successful termination of the war. HE REMOVES TO GALENA — IS RE-ELECTED TO CONGRESS. Returning home, he resumed the practice of his pro- fession. But he was too much a man of action to louir remain in the secluded paths of private or professional life. Seeing no immediate prospect of political prefer- ment in the congressional district Avhich he had formerly represented, (Mr. Lincoln having taken his place) he removed, in the Spring of 1848, to Galena, Illinois — up into the lead-bearing region. Such was his skill and address as a politician, and such his peculiar tact for winning popular favor, that, after a residence in (ralena of only about three months, he was returned to Congress from that district, by a majority over his Democratic competitor of 1,000 votes — a feat, which, at the time, perhaps, no one but Baker would have undertaken, much less successfully accomplished. Bat EDWARD D. BAKER. 41 lie had one of those pliable temperaments which, Protciis- like, could easily adapt itself to the tastes and temper of the people of any district in which he happened to reside ; and he happened, temporarily at least, to re: ido in a p' od many. As one of the Whig electors for the State at large, Col. Baker was also active in the Presidential campaign of 1848, advocating with characteristic zeal and energy, the claims of his old commander, Zachary Taylor. Few men were more effective on the stump, in the heat of a political canvass. The masses admired him for his talents and valor, whilst they loved him for his easy lamiliarity and agreeable social qualities. His speeches were clear, pointed, and eloquent presentations of his political views, abounding in happy hits and well turned ])eriods, and always captivated the crowd. He dealt unsparingly with his opponents; and if at a loss for arguments to sustain his position, he would overwhelm them with ridicule and sarcastic wit. Col. Baker took his seat for the second time in the federal House of Eepresentatives in December, 1849, He bore an active, if not a conspicuous part in the debates upon those grave national issues which formed so prominent a Teature in the first session of the 31st Congress, and w^hich so profoundly agitated the country at that time. H^ was understood to favor some of the measures of Compromise passed by Congress during this session. Most of them, however, failed to command his approbation or support. The annexed paragraph, taken from a speech made by him on these historic questions, was prophetic of his future fate ; 4 h 'J 1 mm Mi 42 THE LIFE OF " I have only to say, that, if the time should come when disunion rules the hour, and discord reigns supreme, I shall again be ready to give the best blood in my veins to my country's cause. I shall be j)repared to meet all antagonists, with lance in rest, to do battle in every land in defense of the Constitution of the country, which I have sworn to support to the last extremity, against disunionists, and all its enemies, whether North or South — to meet them everywhere, at all times, with speech or hand, witL word or blow, until thought and being shall be mine no longer." HIS EULOGIUM ON PRESIDENT TAYLOR. h, 'i During the same session of this Congress, on the 10th of July, 1850, Mr. Baker delivered a glowing and pathetic eulogy on the career and character of Presi- dent Taylor, who had expired at the Executive mansion on the day previous. This unexpected and painful event cast a gloom over the entire land, and drew forth appropriate and feeling addresses from the most eminent orators of the Senate and House of Eepresentatives. Yet for purity and beauty of diction, felicity of illustra- tion, and accuracy in portraying the character of the illustrious deceased, Baker's panegyric was unsurpassed, if, indeed, equalled by any pronounced on the floor of either House. It is probably the finest specimen of his eloquence extant, and sparkles like a gem amongst the ordinarily dry details of the Congressional Globe. He spoke as follows : EDWAUD D. BAKER. 43 L " Mr. Speakcv: It is often said of sorrow, that, like death, it levels all distinctions. The humblest heart am heave a sigh as deep as the proudest ; and I avail myself of this mournful privilege to swell the accents of grief which have been poured forth to-day, with a larger though not more sincere utterence. <:t>, "A second time since the foundation of this Government, a Presi- dent of the United States has been stricken by death in the performance of his duties. The blow which strikes the man, falls upon the nation's heart, and the words of saddened praise which fall on our ears to-day » and here, are but echoes of the thoughts which throng in the hearts of millions that mourn hun everywhere. " You have no doubt observed, sir, that in the first moments of a great loss, the instincts of aftection prompt us to sununon up the great and good qualities of those for whom we weep. It is a wi>se ordination of Divine Providence. A generous pride tempers and restrains the bitterness of grief, and noble deeds and heroic virtues ,i- Totten, and John C. Trautwine for the building of the road. Subsequently, these gentlemen were released from their obligations as' contractors, at their own request, but retained as engineers — the company having concluded to take charge of the construction themselves. Under the superintendence, mainl3^ of these bold, skil- ful and determined engineers, the work was commenced in May, 1850, and pushed forward with remarkable KDWAUI) I). IJAKKU. 49 vigor, despite the iii«()st formidable obstacles, and dis- ])iriting iiifiiiencos. As the work progressed, laborers were drawn from almost every quarter of the globe? groat numbers of whom perished by exposure in the terrible marshes on the Atlantic slope of the Isthmus^ and with the deadly fevers incident to the country. At length, after the expenditure of several million dol- lars, and the sacrifice of thousands of lives, the last rail of the road was laid at midnight, on the 27th of January, 1855, and, on the following day, a locomotive passed over it from ocean to ocean — a distance of tifty miles. Thus was built and completed this great commercial highway of nations — a worl' which will endure for centuries, a noble monument to the memories of the men who had the genius to contrive, and the ability, courage, and perseverance to carry it to a successful termination.* COLONEL BAKER IN CALIFORNIA. When the bracing air of the Illinois prairies had restored Eaker to something of his accustomed health and vigor, he turned his gaze eagerly towards the golden sands of the Pacific coast, whither the wave of emigra- tion was then swiftly rolling. ' Heaps of untold wealth and political honors higher than any ho had yet attained, I'oso alternately before his excited imagination, and allured him westward to the land of promise. *Thft above account Ib chiefly condensed fi'om an able article on the Puuunia Uailroad, published in Harpers' Magazine tor January, 1H.VJ. 4 W) ■7SL\- .:« '% 'ri M^ il^Ji 50 T'lIE Lli'E OP 111 1852, ho emi^nitod with his family to California. EHtahlishin^ himself in San Francisco, ho once more resumed tiio practice of law. His lame as an advocate and orator had ])recoded him, so that ho soon found himself in the midst of an extensive and diversified business. Almost at one bouiid, and apparently with but little eflort, he rose to the piimmit of his profession, and to a share in the best practice in the courts of that youthful commercial metropolis. This position he retained witii comparative ease during the period of his residence in San Francisco. Here it vras that he achieved his highest reputation as a lawyer, and perhaps his most brilliant renown as an orator. He might now be considered a ])ro8perous man. His clients were numerous, and constantlv increasinir- His income was large — tor he always charged good fees — and his meaus ample to live in a style l)etitting a man of prudence, taste and retinement. But all the gold of the new Kl Oorado wouUl hardly have sufficed for Haker. AVith heedless improvidence he spent all he earned, ami something more. Hence, there were times when he revelled '.n luxury, and other times, again, when he had scarcely a penny in his purse. lie early identitied himself with the Free Soil move- ment 'in California, and became conspicuous as a leader of the party op])osed to the extension of slavery. In 1855, he was a candidate of that party for the State Senate, and made a stirrinii: canvass ; but the Democracv being largely in the majority, he sustained a Waterloo defeat. In 1S5(5. he was one of the first to unfurl the Fremont anil I>ayto!i banner on the Paeitic >loi)e. and EDWARD D. BAKER. 51 dauiitlessly led the forlorn hope of the Repnblioans in thai, spirited Presidential contest. Subsequently, he was an unsuccessf'd candidate for Congress. These repeated defeats, in successive campaigns, were enough to have discouraged and deterred an ordinary politician. But with Baker they were simply incidents of the day, and served rather to inspire him to renewed and more determined effort. He loved the excitements of ; olitical controversy, and was perfectly at home on the hustings. Among the rude, reckless miners and squat- ters, in the diggings and ranches of the Golden Stale, he was always a popular stump speaker, though but few of them felt any sympathy for the political princi- ples he so ably advocated. " Those w^ho are acquainted only with his more grave senatorial efforts, can form no adequate idea of the ready, sparkling, ebulliant wit — the glancing and playful satire, mirthful while merci- less — the keen syllogisms, and the sharp sophisms whose fallacies, though undiscoverable, were preplexing — and the sudden splendors of eloquence that formed the wonderful charm of his back-woods harangues. His fame became co-extensive with the coast ; and the peo- ple in allusion to his gray bald head, which all knew, used to call him the 'Gray Eagle.'"* Ills CELEBRATED ORATION ON THE DEATH OF SENATOR BRODERICK. On the IGth of September, 1859, Senator David C. Broderick, the chief of the Douglas Democracy in Cali- fornia, fell mortally wounded in a duel with Judge Teny, 'Sketch of Col. Baker, by John Hay. Harpers' Magazine for December, 1861 . n t^ ,4V' m 4 Bi M F* ■Mi m., .1,' «•»*•"**-- rilE LIFE OP of the same State, — who was a prominent adherent of the Buchanan, or udministration wing of that party. This unfortunate conflict was engendered by the use of unguarded exj^ressions of a personal character, by the deceased, towards Judge Terry, which were iuflamed by the bitter political contest then just terminated in that State. Colonel Baker had been associated with Brod- erick in the campaign, and was also one of his warmest personal friends. By common consent he now became the funeral orator. The body of the stricken Senator was conveyed from the bloody field to the central Plaza of San Francisco, clad in the habiliments of the grave. The news of his tragic fate had spread rapidly through the streets and lanes of that crowded city, creating a profound sensation. A vast concourse of people soon thronged the square, and stood with awe-struck and solemn mien, in the presence of the lifeless form of the Tribune. Aloft the bells were ringing mournfully, " and their wild lament floating down to earth, deepened the emotion of the hour." The sad, unusual, and most impressive scene, was one well calculated to inspire the orator to the highest exertion of his powers. It bore no faint resemblance to another and greater spectacle, in another country, and more heroic age, when Mark Antony stood over the mangled corpse of the great Caesar, in the lioman Forum, and pronounced that matchless funeral oration, which has been so beautifully embalmed in verse by the immortal bard of Avon. Amidst the silence, and subdued grief of the multi- tude, Colonel Baker rose and said : EDWARD D. BAKER, 53 " Citizens of California ! A Senator lies dead in our midst. He is wrapped in a bloody shroud, and we to whom his toils and cares were given, are about to bear him to the place appointed for all the living. It is not fit that such a man should pass to the tomb unheralded ; it is not fit that such a life should steal unnoticed to its close ; it is not fit that such a death should call forth no rebuke, or be surrounded by no public lamentation. It is this conviction which impells the gathering of this assemblage. We are here of every station and pursuit, of every creed and character, each in his capacity of citizen, to swell the mourn- ful tribute which the majesty of the people oifers to the unreplying dead. He lies to-day surrounded by little funeral pomp. No banners droop above the bier ; no melancholy music floats upon the reluctant air. The hopes of high-hearted friends droop like the fading flowers upon his breast, and the struggling sigh compels the tear in eyes that seldom weep. Around him are those who have known him best, and loved him longest ; who have shared the triumph and endured the defeat. Near him are the gravest and noblest of the State, possessed by agrief at once earnest and sincere, while beyond, the masses of the people, whom he loved, and for whom his life was given, gather like a thunder-cloud of swelling and indignant grief. In such a presence, fellow citizens, let us linger for a moment at the portals of the tomb, whose shadowy arches vibrate to the public heart, to speak a few brief words of the man, of his life, and of his death. " Mr. Broderiek was born in the District of Columbia, in 1819 ; he he was of Irish descent, andjof respectable iiough obscure parentage ; he had little of early advantages, and never sununoned to his aid a complete and finished education. His boyhood — as indeed his early manhood — was passed in the city of New York, and tlio loss of li is father early stimulated him to the efforts which maintained hi?* surviv- ing mother and brother, and served also to fix and form his character, even in his boyhood. His love for his mother was his first au'l tnost distinctive trait of character ; and when his brother died — an early and sudden death — the shock gave a serious and reflective cast to his habits and his thoughts, which marked them to the last hours of his lift\ " He was always filled with pride, and energy, and ambition , ui* pride was in the manliness and force of his character, and no man had ''fe i ■f 'I I li .'VVi ^' 1'ti 54 THE LIFE OF W' more reason. His energy was manifest in the most resolute struggles with poverty and obscurity, and his ambition impelled him to seek a foremost place in the great race of honorable power. Up to the time of his arrival in California, his life had been passed amid events inci- dent to such a character. Fearless, self-reliant, open in his enmities, warm hi his friendship, wedded to his opini(ms, and marching directly to iiis purpose, through, and over all opposition, his career was chequered with success and defeat. But even in defeat his energies were strengthened and his cha-icter developed. When he reached tliese shores, his keen observation taught him at once, that he trod a broid held, and that a high career was before him. He had no false pride — sprung from a people, and of a race, whose vocation was labor — he toiled with his own hands, and spra.'ig at a bound, from tht. work- shop to the legislative hall. From that hour, there congregated around him, and against him, the element,, of success and defeat — strong friendships, bitter enmities, high praise and malignant calumnies ; but ne trod with a free and a proud step that onward path which has led him to glory and the grave. "It would be idle for me, at this hour, and in this pl?ce, to speak of all that history .vith unmitigated praise ; it will be idle for his ene- mies hereafter to deny his claim to noble virtues and high purposes. When in the Legislature, be boldly denounced the special legislution, which is the curse of a new country, he proved his courage and his rectitude. When he opposed the various and sometimes successful schemes to strike out the salutary provisions of the constitution whicli guarded free labor, he was true to all the better instincts of his lifi'. When prom|)ted by his ambition and the admiration of l)is friends, he first sought a seat in tlie Senate of the United Strtes, ne sought the highest of all positions by legitimate ettbrt, and failed with honor. It is my duty to say, that, in my judgment, when, at a liter period lie sought to anticipate the i^onatorial election, I.e i ommitto(i an error, which I think he lived to regret It would have been a violation of tlie true principles of representative government, which no reason, public or private, could justify, and could never have met the perma- nent approval of good and wise men. Yet, while I say this over his bier, let me remind you of the temptation to such an error, of the EDWARD D. BAKER. 55 plans and reasons which prompted it, and of the many good purposes it was intended to effect. And if ambition, the ' last infirmity of noble minds,' led him for a moment from the better path, let nie remind you how nobly he returned to it. It is impossible to speak, within the limits of this address, of the events of that session of the Legislature at which he was elected to the Senate of the United States ; but some things should not be passed in silence here. The contest between himself and the present Senator had been bitter and personal. He had triumphed ; he had been powerfully sustained by his friends, and stood confessedly the ' first in honor, and the first in place.' He yielded to an appeal mac^e to his magnanimity by his foe. If he jud-red un\/iscly, he has paid the forfeit well. Never in the his- tory of political warfare, has any man been so pursued. Never iias malignity so exhausted itself. " Fellow citizens, the man who lies before you was your Senator. From the moment of his election, his character has been malinged, his motives attacked, his courage impeached, his patriotism assailed. It has been a system tending to one end, and the end is he^'c. What was his crime ? Review his history, consider his public nets, weigh his private character, and before the grave encloses him forever, judge between him and his enemies. As a man to be judged in his private relations, who was his superior ? It was his boast — and amid the general license of a new country, it was a proud one — that his most scrutinizing enemy, could fix no single act of immorality upon him. Temperate, decorous., selt-restrained, he had passed through all tlie excitements of California unstained. No man could charge him with broken faith or violated trust. Of habits simple and inexpensive, he had no lust of gain. He overreached no man's weakness in a bargain, and withheld no man his just dues. Never, in the history of tiie State, has there been a citizen wlio has borne public relations more stainless in all respects than he. But it is not by this standard he is to be judged. He was a public man, and his memory demands a pu))- lie judgment. What was his public crime? The answer is in his own words: 'They have killed me because I was opposed to the extention of slavery, and a corrupt administration.' Fellow citizens, they are remarkable words, uttered at a very remarkable moment; thev involve w m iiiij 56 THE LIFE OP the history of liis Senatorial career, and of its sad and bloody termination. When Mr. Broderick entered the Senate, ho had been elected at the be<^inning of a Presidential term as a friend of the President elect, having undoubtedly been one of his most influential supporters. There wore, unquestionably, some things in the exercise of the appointing power which he could have wished otherwise ; but he had every reason with the Administration which could be supposed to weigh with a man in liis position. He had heartily maintained the doctrine of popular sovereignty asset forth in the Cincinnati platform, and he never waver- ed in his support till the day of his death. But, when, in his judgement the President betrayed his obligations to the party and the country; when, in the whole series of acts in relation to Kansas, he proved rec- reant to his pledges and instructions ; when the whole power of the Administration was brought to bear upon the legislative branch of the Government in order to force slavery upon an unwilling people, then, in tlie high performance of his duty as a Senator, he rebuked the Administration by his A'oice, and his vote, and stood by his principles. It is true he adopted no halfway measures. He threw the whole weight of his character into the ranks of the opposition ; he endeavored to rouse the people to an indignant sense of the iniquitous tyranny of the Federal power, and kindling with tlie contest, became its fiercest and firmest opponent, " Fellow citizens, whatever may have been your political predilec- tions, it is impossible to repress your admiration as you review tlie conduct of the man who lies hushed in death before you. You read in his history a glorious imitation of the great popular leader who opposed the despotic influence of power in other lands and in our own. When John Hampden died, at Chalgrovefield, he sealed his devotion to popular liberty with his blood. The eloquence of Fox found the Bource of its inspiration in his love of the people. When Senators conspired against Tiberius Gracchus, and the Tribune of the people fell beneath their daggers, it was power that prompted the crime and demanded the sacrifice. Who can doubt, if your Senator had surren- dered his free thoughts, and bent in submission to the rule of the Administration, who can doubt that instead of resting on a bloody bier, lie would this day have been reposing in the inglorious felicitude of Prcbidenlial sunshine l-" EDWARD D. BAKER, 57 "Fellow citizens, let no man suppose that the death of tho eminent citizen of whom I speak, was caused by any other reason tlian that to wiiich his own words assign it. It has been long foreshadowed. It was predicted by his friends ; it was threatened by his enemies ; it was the consequence of intense political hatred. Ilis death was a political necessity, poorly veiled under the guise of a private quarrel. Here, in his own State, among those who witnessed the late canvass, who knew the contending leaders — among those who knew the antago- nists on the bloody ground, here the public conviction is so thoroughly settled, that nothing need be said. Tested by the correspondence itself, there was no cause in morals, in honor, in taste, by any code, L«y the custom of any civilized land, there was no cause for blood. Let nie repeat the story; it is brief as it is fatal : a Judge of the Supreme Court descends into a political convention — it is just, however, to say that the occasion was to return thanks to his friends for an unsuccess- ful support. In a speech bitter and personal, he stigmatized Senator Broderick and all his friends in words of contemptuous insult. When Mr. Uroderick saw that speech, he retorted, saying, in substance, that he had heretofore spoken of Judge Terry as an houost num, but that he now took it back. When inquired of, he au>nittv;d that he had so said, and connected his words with Judge Terry's speech as prompting them. So fiir as Judge Terry, personally, was concerned, this wi^s the cause of mortal combat ; there was no other. In t!ic contest, which has just terminated in the State, Mr. Broderick had taken a leading part ; ho had been engaged in controversies very personal in their nature, because the subjects of public discussion had involved the character and conduct of many public and distinguished men. But Judge Terry was not one of them. He was no contestant ; his conduct was not at issue ; he had been mentioned but once incidentally — in rei)ly to his own attack — and, except as it might be found in his peculiar traits, or peculiar fitness, there was no reason to suppose that ho would seek any man's blood. When William of Nassau, the deliverer of Holland, died in the presence of his wife and children, the hand that struck the blow was not nerved by private vengeance. When tho fourth Henry passed unharmed amid the dangers of the field of Ivry, 58 THE LIFE OP to perish in the streets of his capital by a fanatic, lie did not seek to avenge a private grief. An exaggerated sense of personal honor — a weak mind witli choleric passions, intense sectional prejndice, united with great confidence in the use of arms — these sometimes serve to stimulate the instruments which accomplish the deepest and deadliest purposes. *' Fellow citizens ! One year ago I performed a duty such as I per- form to-day, over the remains of Senator Ferguson,* who died as Broderick died, tangled in the meshes of the code of honor. To-day there is another and more eminent sacrifice. To-day I renew my pro- test ; to-day I utter yours. The code of honor is a delusion and a snare ; it palters with the hope of a true courage, and binds it at the feet of crafty and cruel skill. It surrounds its victim with the pomp and grace of the procession, but leaves him bleeding on the altar. It substitutes cold and deliberate preparations for courageous and nu.;ily impulse, and arms the one to disarm the other ; it may prevent fraud between practiced duelists, who should be forever without its pale, but it makes the mere ' trick of the weapon' superior to the noblest cause and the truest courage. Its pretence of equality is a lie ; it is equal in all the form, it is unjust in all the substance — the habitude of arms, the early training, the frontier life, the border war, the sectional custom, the life of leisure — all these are advantages which no negotia- tions can neutralize, and which no courage can overcome. " But, fellow citizens, the protest is not only spoken in your words and mine ; it is written in indelible characters ; it is written in the blood of Gilbert, in the blood of Furguson, in the blood of Broderick, and the inscription will not altogether fade. With the administration of the code in this particular case, I am not here to deal. Amid pas- sionate grief let us strive to be just. I give no currency to the rumors of which personally I know nothing ; there are other tribunals to which they may well be referred, and this is not one of them ; but I am here to say that whateverin the code of honor or out of it demands or allows a deadly combat, where there is not in all things entire and *rormerly a brilliant young lawyer of Springfield, Illinois. m EDWARD D. BAXER. GO certain equality, is a prostitution of tlie name, is an invusion of the substance, and is a shield blazoned with the name of chivalry to cover the malignity of murder. And . \v, as the shadov,-s turn towards the East, and wc prepare to bear these poor remains to their silent resting place, let us not seek to repress the gen-n-ous pride which prompts a recital of noble deeds and manly virtues. He rose unaided and alone ; he began his career without family or fortune, in the face of difficulties; he inherited poverty and obscurity; he died a Senator ill Congress, having written his name in the history of the great struggle for the rights of the people against the despotism of organiza- tion, and the corruption of power. He leaves in the hearts of his friends the tenderest and the proudest of recollections. lie was lionest, faithful, earnest, sincere, generous and brave ; he felt in all the great crises of his life that he was a leader in the ranks, find for the rights of the masses of men, and he could not falter. " When he returned from that fatal field, while the dark wing of the archangel of death was casting her shadows upon his brow, his greatest anxiety was as to the performance of his duty. He felt that all his strength, and all his life, belonged to the cause to which he hud devoted them. " ' Baker,' said he — and to me they were his last words — * Baker, when I was struck, I tried to stand firm, but the blow blinded me, and I could not.' I trust that it is no shame to my manhood to say, that tears blinded me as he said it. " Of his last hours, I have no heart to speak. He was the last of his race ; tliere was no kindred hand to smooth his couch, or wipe the death-damps from his brow ; but around that dying bed, strong men, the friends of early manhood, the devoted adherents of later life, bowed in irrepressible grief, and lifted up their voices and wept. "But, fellow citizens, the voice of lamentation is not uttered by private friendship alone ; the blow that struck his manly breast, has touclied the heart of a people, and as the sad tidings spread, a general gloom prevails. Who now shall speak for Cv^'ifornia? Who be the interpreter of the wants of the Pacific coast ? Who can appeal to the *^. ■ ' n ij;.is vifi ^ifiy» m. t-n* GO THE LIFE OP communities of the Atlantic who love free labor ? Who can spnak for the masses of men, with a passionate love for the classes from whence he sprung? Who can defy the blandishments of power, the indolence of office, the corruption of administrations? What hopes arc buried with him in the grave ? "Ah ! who that gallant spirit shall resume, Leap from Eurota's bank and call us from the tomb." " But the lant ioord must be spoken^ and the irnj/crmitf mandate of death mud be fxdfUled. Tkm, 01 brave Jieart^ loe bear tJicc to thy rent I Thui^^ xnrrminded by tens of thousands^ we have thee to the cgual graven As in life no other voice amtmg us so rang its trumpet blast upon tJie tar of free- men^ so in death its echoes loill reverberate amid our moimtains and valleys^ "until truth and valor cease to appeal to the human lieart. His love of truth, too warm, too strong, For hope or fear to chain or chill, His hate of tyranny and wrong. Burn in the breast he kindled still. ^^ Good friend! true /lero I hail and fareiodl." This brilliant and thrilling eulogy has been more universally read and admired than any other eilbrt of Baiter's oratorical genius. His more enthusiastic friends have not hesitated to pronounce it a master-piece of its kind, rivalling in its exquisitly moulded sentences and classical finish, the productions of the most celebrated orators of antiquity. More discerning critics, how- ever, deem this rather extravagant laudation, and assail the speech on account of its strong partisan spirit. And yet, in almost all the essentials of a great oration — in its method and arrangement, in force of thought, in elevation of style, in appositencss of historical illus- tration, and above all, in the depth and energy of feeling EDWARD D. BAKER. 01 displayed — it would bo difficult to find its superior timong the records of modern oratory. Baker seemed to have loved Broderick as a brother — indeed, there was much in common between them — and hence mourned his untimely fall, with an eloquence and a pathos, which none but himself could command. We cannot too highly commend his indignant protest — the expression of a matured opinion — against duelling, or the so-called " code of honor," which has been justly termed the " inhuman relic of a barbarous age." HE GOES TO OREGON — IS ELECTED TO THE UNITED STATES SENATE. Failing to realize his hopes of high political advance" ment in California, Colonel Baker, shortly after the unhappy death of Broderick, changed his residence to the younger and more remote commonwealth of Oregon. He immediately entered with might and main upon the political canvass then in progress in that State. There were three tickets in the field — the Administration, the Douglas, and the Eepublican. After a hard struggle, the opposition to the Administration carried the Legis- lature; but a coalition had to be formed among them in order to elect a United States Senator. And now came the great crisis of Baker's political life. David Logan, Esq., a son of Judge Logan of Illinois, was generally believed to be the first choice of the Eepubli- can members. lie was a gentleman of distinffuishca CD O ability as a lawyer ; had lived in the Territory several years before it became a State; was thoroughly .1' m f mi I 4 ip '*U ^1 62 THE LIFE OP iicqnaiTitcd with the wants of its people, ntid had cndeai-ccl liiniHclt' to them by hiH vigorous, though unHucecHsfiil races for Congress. The Administration Democrats, ■who constitu*.ed a formidable minorit}^ in the licgishi- tive body, also made a sturdy fight, and when the question came to a vote, some of them " took to the bush." But the commanding reputation of Colonel Baker, combined with his experience and dexterity as a politi- cal manager, and the singular fascination of his address, finally overcame all opposition, and he bore off the glittering Senatorial prize. He had now reached the eminence for wiiich he had struggled through many longyears,against the adverse winds and waves of fortune. He had now attained the highest civic honor to which his nativity would permit him to aspire — and still he was not content. Beturning to San Francisco, on his way to the East, Col. Baker was the recipient of a public ovation, on which occasion he made a speech of wondrous eloquence. It was known that he had been elected to the Senate b}^ a coalition, and it was surmised by some of his politi- cal friends that he might, in consequence, prove recreant to, or at least lukewarm in the advocacy of the great principles of freedom, free labor, &c. To disabuse the public mind of any such impression, he now, in terms of fiery and impassioned rhetoric, renew^ed his fealty to those principles which he claimed had given direction to his whole political life. The subjoined brief passage exemplifies his position : EDWARD D. BAKER. 03 great "As for me, I daro not, will not, bo fulso to freedom. Where the foot of my youth were planted, there by freedom my feet shall ever stand. I will walk beneath her banner. I will glory in her strength. I have seen her in history struck do^vi on a hundred fields of battle. I have seen her friends fly from her, her foes gather around her. I have seen her bound to a stake. I have seen them give her ashes to the winds. But when they turned to exult, I have seen her again meet them face to face, resplendent in complete steel, brandishing in her Htrong right hand a flaming sword, red with insufferable lio-ht. I take courage. The people gather around her. The genius of America will yet leadhersonsto freedom.'* In December, 1860, while en-route to Washington, Colonel Baker paid a hasty visit to Springfield, Illinois, his old home, where he was honored with a public recep- tion. On behalf of the citizens, the Hon. J. C. Conkling, in a neat and tasteful speech, formally wxdcomed him to the scene of his early labors and triumphs. The Senator elect responded in characteristic style. He expressed the liveliest gratitude at the heartiness and enthusiasm with which he had been received by his old friends, without distinction of party ; referred in touch- ing language to his previous history ; alluded to the wonderful growth and prosperity of Illinois, and of the great West ; and spoke with solicitude of our national difficulties, and the then impending civil war. He was now verging close on fifty ; and about his bodily presence there w^as that air of blended grace and m 11; i^-': ¥ 04 THE LIFE OF I- dignity, which betokened F-omcthing more than an ordi- nary man. Of medium height, his figure was still erect, and roundly and ^'ompactly built. His head (which miglit have formed a model for a sculptor) was partially ])ald, ond his hair and small side whisker's almost while. His complexion was florid ; his nosc,la^'ge and long, was of the Eoman type ; his eyes of a grayish tint, and capable of expressing every varying emotion of the soul. His manners were easy and urbane, whilst his voice was penetrating and finely modulated, as in the days of yore. On taking his seat in the Senate, Mr. Baker entered industriously upon the discharge of the resijonsihle duties of his station, and ranked from the outset among the foremost orators and debaters in that diii-nified assembly. " For the first time in his life," says the sketch from which we have already quoted, "ho was placed in a position which was entirely appropriate to him. The decorum and courtesy that usuall}- marks the intercourse of Senators, was most grateful to his habits of thought and feeling. The liigher range of discussion, and the more cultivated tone of sentiment and discourse prevalent there, gave him an opporturiily that all his life had lacked, of doing his best among his equals. Among these refined members, of the most august of representative assemblies, there was none more courteous, more polished, than this Western law- yer, tliis rouser of the dwellers in t^he backwoods." His remarkably lUiont, graceful and natural stylo of oratory, showed that he had closely followed, if he luul EDWARD D. BAKER. G5 not attentively studied, Hamlet's advice to the playcvFi. Listen, for a moment, to the on-eat teacher, Avhosc words of Avisdom arc alike applicable to orators and actors : " Speak the piece, I jjray you, as I pronounce it to you, trippingly on the tongue ; but if you mouth it as many of our players do, I had as lief the town crier spoke my lines. Nor do not saw the air too much Avith your hands, thus ; but use all gently ; for in the very torrent, tempest, and (as I may say) whirlwind of your passion, you must acquire and beget a tem])erance that may give it smooth- ness. O! it offends me to the soul to hear a robustious periwig-pated fellow tear a passion to tatters, to very rags, to split the ears of groundlings ; who, for the most part, are incapable of nothing but inexplicable dumb shows and noise. I Avould have such a fellow whipped for overdoing Termagant; it out Ilerods Ilerod. Pray you avoid it. Be not too tame neither, but let your own discretion be your tutor; suit the action to the word, the word to the action; with this special observa- tion, that you overstep not the modesty of nature ; for anything so overdone is from the purpose of playing, whose end both at the first, and now, was, and is, to hold as 'twere the inirror up to nature, to show virtue her own feature, scorn her own image, and the very age and body of the time his form and pressure." Ills CiREAT SPEECH IN THE SENATE. On the 2(1 and ?>d (hiys of January, ISlU, Senator r>akor addressed the Senate at great length u])on a joint resolution which had been oll'ered by Senator, k ^m m 'U % M 1 " I, . *,v< GG THE LIFE OP •:m (aftcrwardH President) Johnson, of Tcnne ssee, proposinj; certain amendments to the Federal Constitution. The importance of the subject, and the fame of the orator, attracted a dense crowd to the Capitol. The galleries and corridors of the Senate Chamber were thronged with eager listeners during the whole time occupied iu the delivery of his speech. The Senator spoke in reply to an elaborate effort of the Hon. J. P. Benjamin, of Louisiana, and he adopted much the same line of argu- ment as that pursued by Webster, in his famous reply to IIayne,in 1832. For want of adequate space, Ave can only reproduce some of the more important portions of this exhaustive speech, including his magnificent exor- dium and peroration : *' Mr. President : The adventurous traveller, who wanders on the slopes of the racilicand on the very verge of civilization, stands awe- struck and astonished in that great cimsni formed by the torrent of tlic Columbia, as, rushing lietween Mt. Hood and Mt. St. Helena, it breaks through the ridges of the Cascade Mountains to find the sea. Nor is this wonder lessened when he hears his slightest tones reifCated and re-echoed with a larger utterance in the reverberations wnich lose themselves at lust amid the surrounding and distant hills. So I, stand- ing on this spot, and speaking for the first time in thi.' Chamber» reflect with astonislnnent that my feeblest word is re-echoed, even while I speak, to the confines of the Republic. I trust, sir, that in so speaking in the midst of such an auditory, and in the presence of great events, I may remember all the responsibility these impose upon me, to perform my duty to the Constitution of the United States, and to be in nowise f(>rgetful of my oljligations to the whole country, of wliicli 1 am a devoted and affectionate son. " It is my |)urpose to reply as best I may, to the speech of the honor- able and distinguished Senator from the State of Louisiana. I do so, because in my judgment at least, it is the ablest speech I have hcanl, EDWARD D. BAKER. 07 perhaps the ablest speech I will hear upon that side of the question ; ami in that view of the subject, because it is respectful ui tone, and elevated in sentiment and manner ; and b'.'cause, while it will be my fortune to differ from him on many, nay, on most of the points to which he has addressed himself, yet it is not, I trust, inappropriate for me to say, that much of what he has said, and the manner in which he has said it, has tended to increase the personal respect, nay, the admiration, which 1 have learned to feel for him. But, sir, while I say this, I am reiiJiided of the saying of a great man, (Dr. Johnson) who, when he Avaa asked his critical opinion of a bcok just then published, and which was making a great sensation in London, said, ' Sir, the fellow who wrote that work, has done very well what nobody ought ever to do at all.' "The entire object of this speech is, as I understand it, to offer a philosophical and constitutional disquisiti hi to prove that the govern-' nient of these United States, is, n point of ^act, no government at all ; that it has no principle of vftality ; that it is to be overthrown by a touch ; dwindled into insignificance, dissolved by a breath ; not by maladministration merely, but in consequence of organic defects inter- woven with its very existence. But sir, this purpose, strange and mournful in anybody, — still more so in him — this purpose has a terrible significance now and here. In the judgment of the honorable Senator, tlie Union is this day dissolved ; it is broken and disintegrated ; civil war is at once a consequence necessary and inevitable. Standing in the Senate Chamber, he speakb lUvc a prophet of woe. The burden of his prediction is the echo of what the distinguished Senator, now in that chair, (Mr. Iverson) has said before: "too late, too late." The gleaming and lurid lights of war flash around his brow, even while he speaks ; and, sir, if it were not for the exquisite aniejiity of his tone 1111(1 manner, we could easily pursuade ourselves that we saw the flash- ing of the armor of the soldier, beneath the robe Qf the senator. " My purpose is far distant, sir ; I think it is far higher. I desire to contribute my poor argument to maintain the dignity, the honor of the Government under Avhich I live, and under whose august shadow I hope to die. I propose, in opposition to all that has been said, to show that the government of the United States ib in very deed and h i : m \ ill ■SI t 1 :■ V i\9> THE LIFE OF 11 l^ ||Wl V fivct, a real, and substantial power ; ordained by the people, not dopciidont OH the States ; sovereign in its sphere — a union, and not a conipact between sovei-eign States ; that, according to its true theory, it has the inherent power of selt'-proservai'on ; that its constitution is a perpetuity, beneficent, unfailing, grand ; and that its powers are equally capable of exercise against domestic treason, and against a foreign foe. Such, air, is the main purpose of my speech ; and what I may say in addition to this, will be drawn from me in reply to the speech to which I propose now to address myself. " Sir, the argument of the honorable Senator from Louisiana, is addressed first, to establish the proposition that the State of South Carolina has, as she says, seceded from the Union rightfully ; and sir, just here he says one thing which meets my hearty approval ami ac((uiescence. lie says he does not deem it — such is the substance of his remark — unwise or improper to argue the right of the case, even now, and here. In this I agree with him "most heartily. Right and duty are always majestic ideas. They march, -an invisible guard, in the van of all true progress ; they animate the loftiest spirit in the public assemblies ; they nerve the arm of the warrior ; they kindle the soul of the statesmaii, and the imagination of the poet; they sweeten every reward, they console every defeat. Sir, they are of themselves an indissoluble chain which binds feeble, erring humanity to the eternal throne of God. " I observe first, sir, that the argument of the gentleman, from begiiuiing to end, is based upon the assumption that the Constitution of the United States is a compact between sovereign States. I tliink I in no sense misapprehend it ; I am sure such cannot be my desire. I understood him throughout the Avhole tone of his speech to maintiiiu that proposition — I repeat it, that the Constitution of the United States is a compact between sovereign States. Arguing from thence he arrives at the conclusion, that being so, a comi)act when broken by either of the States, or by the General Government, the cretiture of the Constitution, South Carolina may treat the compact as so Itrokcii, the contract as rescinded ; may withdraw peacefully from t!ie Union, and resume her orijiiual condition. w EDWARD D. BAKER. (iD ♦• I remark next, that this proposition is in nowise new; and pcrhapy lor that, as it is a constitutional proposition, it is all the better. A^ain, tlio argument by which the honorable Senator seeks to maintain it is in nowise new in any of its parts. I have examined with some care powers arc ^ the arguments hitherto made by great men, the echoes of whose eloquence still linger under this dome, and I find that the proposition, the argument, the authority, the illustration, are but a repetition of the famous discussion led oif by Mr. Calhoun, and growing out of the attempt of South Carolina to do before, what she says she has done now. If the proposition is not new, and if the ayguments are not etraiige, it will not bo wonderful if the replies partake of tlie like character. I deny, as Mr. Madison denied, I deny, as Mr. Webster de- nied, I deny, as General Jackson denied, that this Union is a compact between the sovereign States at all ; and so denying, I meet just [hero the authorities which the honorable Senator has chosen to (piote. They are substantially as follows : first, not the Constitution itself,, (and that is remarkable,) second, not the arguments made by the great expounders of the Constitution directly upon this floor; but mainly fugitive expressions, sometimes hasty, not always considered, on propositions not gennane to the controversy now engaging us to-day ; mid when made, if misapprehended, corrected again and again in after years. To illustrate : The gentleman from Louisiana has (juoted at considerable length from the debates in the Convention which formed the Federal Constitution; he has quoted the opinions of Mr. Madison, and to those who have not looked into the question, it might appear as if those expressions were really in support of the proposition, that this is a compact between sovereign States. Now sir, to show that that is in no sense so, I Avill read as a reply to the entire quotations of Mr. Madison, what Mr. Madison has said upon that subject, upon the fullest consideration. I proceed to read the letter of Mr. Madison to Mr. Webster, dated March 15th, 1833." Having read the letter referred to, Mr. Baker continued : " I submit to the candoroftho Senator from Louisiana, that this is distinct, positive, unequivocal authority to show that so far as the opinions of Mr. Madison were concerned, he did no*" believe that the Constitution 9^ /i ^ '■V. i t^f ^ 70 THE LIFE OF of the United States was a compact between sovereign States ; but that he did believe it was a form of Government ordained by tlie people of the United States, " Again, Mr. WeVjster is quoted, I expected when I heard Mr. Webster named, that the honorable Senator would allude to the great discussion which his genius has rendered immortal, lie does not do that, but refers specitically to a passage of Mr. Webster in an argu- ment, I believe, upon a question arising as to the boundary betwocu Massachusetts and Rhode Island." The speaker quoted in succession the opinions of Mr. Webster, Mr. Adams, and General Jackson, in su{)port of his proposition, conmient- iiig on the same, and then proceeded with his argument on this branoli of the subject as follows : " Another mistake which I think is obvious throughout the speech of the Senator from Louisiana, is the assumption, not only that the Constitution is a compact, but that the States as parties to it are sovereign. Sir, they are not sovereign ; and tlii.s Federal Government is not sovereign. Paraphrasing the Mahonietaa expression, "There is but one God," I may and do say, not without reverence, there is but one sovereign, and that sovereign is the peoplo. The State Government is its creation ; the Federal Government is its creation ; each supreme in its sphere; each sovereign for its purpose; but each limited in its authority, and each dependent on delegated power. Why sir, can that State — either Oregon or South Carolina- be sovereign which reliiuiuishes the insignia of sovereignty, the exer- cise of its highest powers, the expression of its noblest dignities y Not so. We can neither coin nmney, nor buy impost duties, nor make war, nor peac^;, n(u* raise standing armies, nor build fleets, nor issue bills of credit. In short, sir, we cannot do — because the people, as sovereigns, have placed the power in other hands — many, nay, most of those things which exhibit and proclaim the sovereignty of a Statu to the whole world. Mr. Webster has well oljservcd that there can be in this country no sovereignty in tlie European sense of sovereignty. It is, I believe, a feudal idea. It has no place here. I repeat, we are not sovereign here. They are not sovereign in South Carolina, and EDWARD D. BAKER. 71 cannot be in the nature of the case ; and therefore all assumptions and all i)resun»ptions arising out of the proposition of sovereignty on the part or a State is a fallacy from beginning to end. "Again sir, Mr. Calhoun, in the course of his celebrated argument* in well chosen words, insisted that tlie States in their sovereign capacity, acceded to a compact. Mr. Webster replied with his usual force. The word "accede" was chosen as tlie converse of" secede ;" the argument being intended to be that, if the State accedes to a compact, she may secede from that compact. But said Mr. Webster — and no man has answered the argument, and no man ever will — it is not the accession to a compact at all ; it is not the formatii)u of a league at all ; it is the action of the people of the United States, carrying into effect their purpose from the Declaration of Indepen- dence itself, manifested in the ordination and establishment of a Govern-' meat, and expressed in their own emphatic words in the preamble of the Constitution of the United States. " In arguing upon the meaning and import of the Constitutio;i, I had hoped that a lawyer so distinguished as the gentlenum from Louisiana, would have referred to the terms of that document, to -have endeavored at least, to find its real meaning from its force and mode of expression. In the absence of such quotation, I beg leave to remind him that the Constitution itself declares by whom it was made, and for what it was made. Mr. Adams, reading it, declares that the Constitution of the United States was the work of one people — the people of the United States — and that these United States still continue one people ; and to establish that, among other things, he refers to the fact — the great, the patent, the glorious fact — that the Constitution declares itself to have been made by the jjcople, and not by sovereign States — by tlie jjoople of the United States; not a compact, not a league, l)ut it declares that the people of the United States do ordain and eirtablish a (rovcrnment. Now I ask the Senator what becomes of the reitera- tion tiiat the Constitution is acomi)act l)etween sovereign States. "Pursuing what I think is a defective mode of reasoning from beginning to end, the distinguished Senator from Louisiana (piotes hi w H- r 'M W-. % m 72 THE LIFE OF Vattel, and lor what? To provo wliat, as I understand, nobody denies, that a sovereign State being sovereign, may make a compaet, and afterwards withdraw from it. Our answer to that is that South Carolina is >iot a sovereign State ; that Soutli Carolina has not made a compaet, and that therefore she cainiot witlidraw from it ; and I submit that all the discjuisitions upon the natnrc of European sovereignty, or any of those forms of government to which the distin- guished Senator has had his observation attraeted, are no argument whatever in a controversy as to the force and meaning of our Consti- tution, bearing upon the States, sovereign in some sense, not sovereign in others, but bearing most upon individuals in their individual relations. But the object of the speech was two-fold. It was to prove lirst that the Union was a compact between States, and that, therefore, there was a rightful remedy for injury, intolerable or other>yise, by secession. Now, sir, I confess, in one thing I do not understand this speech, although it is so clearly uttered and forcibly expressed. Does the Senator mean to argue that there is such a thing as a Oonsti- tutional right of secession. Is it a right under the Constitution, or is it a right above it and beyond it ?" Ill ti running dclnite with Sonutor Benjamin, Mr. Baker next discussed the Constitutional rii-'ht of scccs- sion, showing its fallacy, and then, passing to the question of the revolutionary right of a people to change their form of government, ho said : "I admit that there is a revolutionary right. Whence does it spring ? How is it limited ? To these questions, for a moment I address myself. Whence docs it spring ? Why, sir, as a right in connnunities, it is of the same nature as the right of self-preservation in the individaal. A community protects itself by revolution against intolerable oppression, against any form of government, as an individual l)rotects himself against intolerable oppression by brute force. No compact, no treaty, no constitution, no form of government, no oatli or obligation can deprive a man or a community of that sacioib EDWARD D. BAKER. 73 ultimate right. Now, sir, I think I state tliat proposition as fully as I could be desired to state it by the gentlemen on the other side. The (jucstion that arises between us at once, is, how this right of revolution uiust be exercised ? In a case, and in a case only, where all other remedies fail ; where the oppression is grinding, intolerable, and per- manent ; where revolution is in its nature a fit redress ; and where tliey who adopt it as a remedy, can do it in the full light of all the examples of the past; of all the responsibilities of the present ; of all the unimpassioned judgment of the future, and the ultimate determi- nation of the Supreme Arbitrator and Judge of all. Sir, a right so exercised, is a sacred right. I maintain it ; and I would exercise it. The question recurs : has South Carolina that right ? I think the honorable Senator will not deny that one of the greatest responsibili-' tics which could devolve upon a community or State, is to break up an established peaceful form of government. If that be true as an abstract proposition, how much more does the truth strike us, when we apply it to the condition in which we found ourselves two months ago ? South Carolina proposes now, according to the latter doctrine, to secede as a revolutionary riglit, as a resistance against intolerable oppression ; as an appeal to arms for the maintenance of rights, for the redress of wrongs, where the one cannot be maintained, and the other redressed otherwise. Now, sir, I demand of her, and of those who defend her, that slie should stand out in the broad light of history, and declare, if not by the Senators that she ought to have on this floor, by those who league with her, in what that oppression consists ; where that injury is inflicted ; by whom the blow is struck ; what weapon is used in the attack. So much, at least, we have the right to inquire. After tiiat inquiry, permit me to add another thing : a Stato claiming to be sovereign, and a people, part of a great Government, ought to act with deliberation and dignity ; she ought to be able to appeal to all history for kindred cases of intolerable oppression, and knulred occasions of magnanimous revolution. " Sir, we are not unacquainted in this Chamber with the history of revolutions. We very well know that our forefathers rebelled against the house of Stuart, And why ? The causes are as well known to 6 i ■ -ii't J 'v ;.■]•; M i I 'I tisl , 1 1 ;. 74 THE LIFE OF the world, as the great struggle by which they maintained the right, and the great renown which has ever followed the deed. When Oliver Cromwell brought a traitorous, falseking, and gavehim, adimdlscrownoj monarch, to the block, he did it by a solemn judgment, in the face of man, and in the face of Heaven, avouching the deed on the great doctrine of revolutionary right ; and although a fickle people betrayed his memory — although the traditions of monarchy were yet too strong for the better thought of the English people — yet still, now, here, to-day, wherever the English language is read, wherever that historic glowing story is repeated, the hearts of brave and generous men throb when the deed is avouched, and justify the act. Agaiji, there was a second revolution, the revolution of 1688, and why? Because a cowardly, fanatic, bigoted monarch, sought by the exercise of a power, to be used through the bayonets of standing armies, to repress the liberties of a free people ; because he attempted to force upon them a religion alien to their thought and to their hope ; because he attempted to trample under foot all that was sacred in the constitution of Englisli government. "And, sir, in the history of re\ tioiis, there are examples more illustrious still ; perhaps the greatest of them all, that revolution which ended in the establishment of the Dutch Republic. My honor- able friend, I know, has read the glowing pages of Motley, perhaj)s the most accurate, if not the most brilliant, of American historians. I am sure that his heart has throbbed with generous enthusiasm, as he read the thrilling pages of that story, where a great people, led by the heroic house of Orange, pursued through danger, through sacrifice, through blood, through destruction of property, of houses, of families, and of all but the great indestructible spirit of liberty, the tenor of their way to liberty, and greatness and glory at last. Sir, I need not tell him the oppression against which they rebelled ; that the intoler- able tyranny under which they groaned, was of itself sufficient not only to enlist on their side, and in their behalf, all the sympathies of civi- lized Europe, but the sympathies of the whole civilized world, as they have read the story since. " Yet, once more, in the full light of these revolutions, our fore- fathers rebelled against a tyrant, declaring the causes of the revolution, EDWARD D. BAKER. 75 proclaiming tliem to the world, in a document that is familiar to us all. Wo recognize the right. Why V Because the oppression was intoler- able, because the tyranny could not be borne ; because the essential rij^hta belonging to every human being were violated, and that continu- ally, and in words more eloquent than I could use, or than I now have time to quote, Mr. Jefferson proclaimed them to the world, and gave the reasons which impelled us to the separation. Sir, I ask the honorable Senator to bring his record of reasons for revolution, blood- shed and war, here to-day, and compare them with that document." He next reviewed in detail, the many grievancies of the South, vSpeaking of the right of free discussion, and of a free press, he eloquently said : " Mr. President, do gentlemen propose to us seriously, that we shall stop the right of free discusion, that we shall limit the free press, that we shall restrain the expression of free opinion, everywhere, on all subjects, and at all times ? Why, sir, in our land, if there be any base enough to blaspheme the Maker that created him, the Savior that died for him, we have no power to stop him. If there be the most bitter, unjust, and vehement denunciation of all principles of morality and goodness, on which human society is based, and on which it may securely stand, we have, for great and overruling reasons connected with liberty itself, no power to restrain it. Private character, public service, individual relations — neither of these, nor age, nor sex, can be, in the nature of our Government, exempt from that liability to attack. And, sir, shall gentleman complain that slavery shall not be made, and is not made an exception to that general rule ? You did that when you made what you call a compact with us. You were then emerging out of the war of Independence. Your fathers had fought for that right, and more than that, they had declared that the violation of that right was one of the great causes which impelled them to the separation. I submit these thoughts to gentlemen on the other side, in the candid hope that they will see at once, that the attempt to require us to do for them what Ave cannot do for ourselves, is unjust in the highest degree. Sir, the liberty of the press is the highest safeguard iraf .■,l( it. iO .'H. ,[ 1 V K '• 76 THE LIFE OF i to all free government. Ours could not exist without it. It ia with us, nay, with all men, like a great, exulting and abounding river. It is fed by the dews of heaven, which distil their sweetest drops to form it. It gushes from the rill, as it breaks from the deep caverns of the earth. It is fed by a thousand affluents that dash from the moun- tain top, to separate again into a thousand bounteous and irrigating rill':! around. On its broad bosom it bears a thousand barks. There Genius spreads its purpling sail ; there Poetry dips its silver oar ; there Art, Invention, Discovery, Science, Morality, Religion, may safely and securely float. It wanders through every land. It is a genial, cordial source of thought and inspiration, wherever it touches, whatever it surrounds. Sir, upon its borders grow every flower of grace, and every fruit of truth. I am not here to deny that that river sometimes oversteps its bounds. I am not here to deny that that stream sometimes becomes a dangerous torrent, and destroys towns and cities on its banks ; but I am here to say, that without it, civili- zation, humanity, government, all that makes society itself, would disappear, and the world would return to its ancient barbarism. Sir, if that were to be possible, the fine conception of the great poet would be realized. If that were to be possible, though for a moment, civili- zation itself wmUd roll the wheels of its car backward for two thousand years. Sir, if that were so, it would be true that "As one by one in dread Medea's train, Star after star fades oflf the etherial plain ; Thus at her felt approach and secret might, Art after art goes out and all is night. Philosophy, that leaned on Heaven before, Sinks to her second cause and is no more ; Religion, blushing, veils her sacred fires, And, unawares, morality expires." " Sir, we will not risk these consequences, even for slavery ; we will not risk these consequences even for Union ; we will not risk these consequences to avoid that civil war with which you threaten us ; that war which you announce as deadly, and which you declare to be inevitable." EDWARD D. BAKER. 77 Arguing tho question of concession and compromise, he continued : ** Sir, while it is quite well that I should announce my opinion, as to what we might do, I shall enter into no details. I shall endeavor to bind nobody else. I express my conviction at the moment, subject of course to all the changes that events and circumstances hereafter to transpire, may justify. I will never yield to the idea that the great Government of this country shall protect slavery in any Territory now ours, or hereafter to bo acquired. It is in my opinion a great princi- ple of free government, not to be surrendered. It is the object of tho great battle which we have fought, and which we have won. It is, in my poor opinion, the point upon which there is concord and agreement between the great masses of the North, who may agree in no other politi- cal opinion whatever. In my opinion, nine tenths of the entire population of the North and West, are devoted in the depth of their hearts to the great constitutional idea, that "reedom is the rule, and that slavery is the exception ; that it ought not to be extended by virtue of the powers of the Government o' the United States, and come weal, come woe, it never shall be. " But, sir, I add one other thing ; when you talk to me about com- promise or concession, I am not sure I alwayr. understand you. Do you mean that I am to give up my conviction )f right ? Armies cannot compel that in the breast of a free people. Do you mean that I am to concede the benefits of the political struggle through which we have passed, considered politically only ? Do you mean that we are to deny the great principle upon which our political action has been based ? You know we caimot. But if you mean by compromise and concession, to ask us to see whether or not we have been hasty, angry, passionate, excited, and in many respects violated your feelings, your character, your right of property, we will look ; and as I said yestarday, if we have, we will undo it. Allow me to saw again, if there be any lawyer, or any court, that will advise us that our laws are unconstitutional, we will repeal them. Such is my opinion. " Now, as to territory, I will not yield one inch to secession ; but I ^ ^ fc' m^^ m I i "1 78 THE LIFE OP J there are things that I will yield. It is somewhere told, that when Harold of England received a messenger from a brother, with whom he was at variance, to inquire on what terms reconciliation and peace could be effected between brothers, he replied in a gallant and gene- rous spirit, in a few words : ' Tim terms I offer, are, the affection of a brother, and the earldom of Northumberland.' * * Sir, in that spirit I speak. * * * * " i gay that I will yield no inch, no word to the threat of secession, unconstitutional, revolutionary, unwise, at variance with the heart and the hope of all mankind but themselves. To that I yield nothing ; but if the States loyal to the Constitution, if people magnanimous and just, desiring a return of paternal feelin<,% shall come to us and ask for peace, permanent, enduring peace and affection, and say, ' what will you grant ?' I say to them, ask all that a gentleman ought to propose, and I will yield all that a gentleman ought to offer. Nay, more; i^ you are galled bt cause we claim the right to prohibit slavery in territory now fioe, or in any Territory which acknowledges our jurisdiction, we will evade — I speak for myself — I will aid in evading that question. I will agree to make it all States, and let the people decide at once. I will agree to place them in that condition, where tlie proliibition will never be necessary to justify our- selves to our consciences, or to our constituents. I will agree to anything wliich is not to force upon mo the necessity of protecting slavery in the name of freedom. To that I never can, and never will yield. ************ "Amid all the threats of dissolution, and all the croakings and pre. dictions of evil, when the gentleman gets up inflamed by the momentary inspiration, and declares that there will be civil war, in the next, as lie con- cludes in an expression full of pathos, he says : ' Let us depart in peace,' * crying peace, when there is no peace.' Amid all this, I liave great faitli yet in the loyalty of the people of the South to the Union. I see around me to-day, that the clouds are breaking away. I see men of every shade of opinion on other subjects, agreeing in this one thing: that in secession there is danger and deaMu I see from ' Old Chii)i)o- Ma,' from CJen. Wool, from men of their high character, of their great age, of their proud career, of tlieir enlarged patriotism, down to the EDWARD D. BAKER. 'f) '4 ''" lower ranks of men who love the country and venerate the Constitution — I see, and I hear everywhere, expressions that even yet fill the patriot heart with hope, and I am not without hope that, when tliere is delay, when time is allowed to the feverish sentiment to sul)side, and for returning reason to resume its place, trusted to the people of this wliole Union, the Constitution will remain safe, unshaken forever ; yes, sir, until " Wrapt in flames the realms of ether glow. And Heaven's last thunder shakes the world below." On the much mooted question of " coercion/' he thus expressed his views, in a genei'ul way: " Sir, as I approach a close, I am reminded that the honorable Senator from Louisiana, has said in a tone wliicli I by no means achnire: ' Now gentlemen of the North, a State has seceded ; you must either acknowledge her independence, or you must make war.' To that we reply, we will take no counsel of our opponents. We will not acknowl- edge her independence. They say we cannot make war against t!ie State ; and the gentleman undertakes to ridicule the distinction whicii we make between a State and individuals. Sir, it was a distinction that Mr. Madison well understood ; it was a distinction that General Jackson was very well determined to recognize ; it was the distinction which was made in the whole argument when the Constitution was formed, and I may say here, that all the arguments adduced by the gentleman from Elliot's Debates, on the formation of the Constitution, were arguments addressed against the propriety and wisdom of giving, under the old patched up Confederation, power to the Government to compel States, because they could not. They did not dare to do it, for they did not choose to confound tiie innocent with the guilty, and make war on some portion of unolfending people, Ijccause others were guilty; and therefore, among otlicr reasons, the new Government was formed, a Union — ' a more perfect Union' — by one people. That is tlie answer to the whole ary-ument. **•' ii '- m , . Hi ..'^' M. *' Now, sir, let us examine for a moment, this idea that we cannot 80 THE LIFE OP III' ;i:h make war. First, we do not propose to do it. Does any gentleman on this side of the Chamber propose to declare war against South Carolina. Did you ever hear us suggest such a thing V You talk to us about coercion ; many of you talk to us as if you desired us to attempt it. It would not be very strange if a Government, and hitherto a great Government, were to coerce obedience to her law, upon the part of them who were subject to her jurisdiction. No great cause of complaint in that, certainly. 'But,' says the gentleman, ' these per- sons offending against your law, are a sovereign State ; you cannot n)ake war upon her,' and following out with the acuteness of a lawyer, what he supposes to be the modus operaru/i, he asks, ' What will you do if you will not acknowledge her independence, and you do not make war ; how will you collect the revenue ?' And he goes on to show very conclusivsly, to his own mind, that we cannot. He shows us how a skillful lawyer, step by step, will interpose exception, motion, demurrer, rejoinder and sur-rejoinder, from the beginning to the end of the legal chapter ; and says, with an air of triumph, which I thought did not become a gentleman that is still a Senator from a sovereign State, upon this floor, he says, ' it is nonsense ; you cannot do it ; you will not acknowledge her ; you will not declare war; you cannot collect your revenue,' Sir, if that is the case to-day, it has been so for seventy years ; we have been at the mercy of anybody and everylxxly Avho might choose to Hout us. Is that true ? Are we a Govermneiity Have we the i)ower to execute the laws? Tiie gentleman threatens ii.s with the conseiiuences, and he says if we attem|)t it, there will be all sorts of legal delays interposed, and when that is done, there will b" a mob ; a great Govei-nnieut will be kicked out of existence by tlio tumultuous and vulgar feet of a mob, and ho seems to rejoice at it. * * * * Why, Mr. President, against the legal objections to collecting the revenue in a case where South Carolina revolts, and individuals refuse to pay duties, against the lawyership of my friend from Louisiana, I will put another lawyer, (Jcneral Jackson, a man of whom Mr. NVebstcr said, that when he put his foot out, he never took it back ; and if the gentleman wants a solution of the dilHculties as to the manner in which the revenue is to be collected near the soven-ii^ii State of South Carolina, when she is in u condition of revolt or i: EDWARD D. BAKER. 81 revolution, I willsliow him what General Jackson thought, and ordered to be done, when South Carolina revolted once before. I will read the instructions of General Jackson as to the mode of collecting i\:2 revenue, when South Carolina was preparing, by ordinance of nujlifi- ciition, to refuse to pay it. #**#»## ***** " Why, sir, there is nothing practical in this attempted idea that wo cannot punish an individual, or that we cannot compel him to obey tho law, because a sovereign State will succor hiin»" The orator concluded this himiiioufl and comprohon- f^ive Hpcech in the following lofty and impressive sti'ain, aiiriv in Congress, in f.ivor of a I'm-iHc ilaih'oad. I btslievo I luii iiiihtii'ien ; or if tliere be, I am sure it is lyint? supiiioly by, andj,'iviiin cMiiirol of tlie supposed measure into the iuuids of its enemies. Wo [is m •:"!'••;■ I t. ^••1 kkill, t'lVitrt and caution, with Government authority and money. That is tlie use of u bill incorporating iiidividuali«, ami has been from tlie Itcginning. If, according to the plan suggested by the gentleman Irom Mississippi, the (iiovernment alone were to doit, we have always Ijecn told that (lovernment wouhl spend its money in the most wafitef'ul and iiiclVcctive way in the world. Thcicfoi-c, the usual course has been to unite the skill and care of individuals in the (iovermneiit expendi- tures. This bill cmleavors to do that. It follows out the plan that Stages adopt, and, I believe, the plan that Congress has often adopted bcfo'C. It adopts the plan upt)n which the great railroads of Illinois liave b(!en built — a plan, whieh, in my judgment, has proved itself more .>ucce'!.sful than any other upon which a (jovernment has ever nttempt- cd to c unplete >i great work for the benefit of its people. * * * ***•*! am for one road. If I do not undcrst.uid this measure, at k'ast I have thought of it ; I know what my people desire. W I had lay way, I would say, unhesitatingly, nuikc a road from San Fianeiseo lis near to St. Louis as you can get it. It appears' to nu', that every c(>nsi(leration would point out that as the best way. Again : I pmi an (till Whig; I am not afraid of extending tiie power of this (JovernnuMit ; 1 wish it was a more eonst)lidated ai-'i ^tronger government than it is; 1 liav(! not a bit of respect for this idea of State's rights, wliieli is now cnnvidsing this country to its eeiiter; and if I had my choiei', I would Itiiild the road with the power of the (Jovernment, with the money of tlie (iovernnunt, Ibr tiie benelit of tii'' people, and I wttuld build it at '>'^ % ifi. > •■'■Ht. 4''j •III I : i ! M» • L, 80 THE LIFE OP ii4 any cost. But I cannot have my way ; I am obliged to concede, to coinproniise. Accordingly, I meet the Senator from California, witii wlumi it is my fortune to agree about hardly anything, and I adapt niv- self, as far as I can, to his plan ; and he in turn, conforms himself tu the opinions of various other distinguished gentlemen on this door ; not getting that which he would desire, but getting the best he can ; hannoni/.ing all. interests and settling all conflicts. Sir, is not tiiat statesninnlike ? Is any great measure ever adopted otherwise, either in (irovernment or in administration ? Was not the Constitution so formed ? And to say to us, ' we will not go for the greatest measure of the age, or of the world, because it does not begin exactly at the right spot, because the money is not spent exactly by the right man, because it does not end exactly in the right place,' would be to divide us into endless fractions of opinion, never being able to arrive at a sensil)Ie result. Therefore, it is that I appeal, not to the enemies of the bill, but to its friends — men w!io have advocated it in the country, in discussion before the people ; men who come here to reflect the true opinion of their States — I ask them now, in the time of its trial, to give up mere (juestions of locality, to give up objections as to this man or the other, and agree with what the deliberate wisdom of the popular branch, after three years effort, has determined to be practical. * * **»#»*** •* I have but one other word, and I close. I, like my friend from California, feel that interest in the passnge of this bill which belongs to our Western coast. We are very far off; we are loyal to tiie Union; we will remain with it, whether you give us this road or not ; but almost everything in which a governujcnt ciiii assist or protect a people, is connected with the passage of this bill. Its enemies know very well, and the distinguished gentleman who has led its defense so long, knows it still better than they, thf.t if you amend this bill now, in any important particular, you defeat it for this session, and probably forever. My distinguished friend from Louisiaini knows well that that is so, when he attacks it with his acuteness and vigor ; I think the gentleman from Missi8sii)pi knows that very well, when he presents an attack not so acute, but broad, comprehensive, general — none the less fierce. And it astonishes me, that we Republi- cans, for ten years the advocates of the great general idea; for tea EDWARD D. BAKER. 87 ^ years holding out the hope which wo have learned from the pc()j)le themselves ; that we, now, when we have the power, when we have kind and generous friends, not named as Republicans, with us, whose inter ests or whose patriotism lead them to act with us, enough to carry the bill ; that we, dividing upon minor points, should let the bill go by, and cling from mere pride and petty objection to that line of policy which nmst insure its entire, perhaps permanent defeat." Again, on January 15th, when the Senate, in Commit- tee of the Whole, resumed the consideration of the Pacific llailroad bill, Mr. Baker addressed the Com- mittee, briefly, as follows : " Mr. President, what has been said in relation to this northern road compels me, reluctantly, to say a very few words, which I trust my friends here, and, indeed, on both sides of the Chamber, will attend to. I am going to vote for the bill as it is, as nearly as I can, without any amendments or alterations ; and I am going to do so, while, as I believe, I represent a constituency further north than any other gentle- man upon this floor. I am going to vote against any material amend- ment, or any at all, although I am told that the northern route, proposed, will benefit the immediate people whom I represent, very greatly. While I do so, I know that I shall be misapprehended — I will not say misrepresented — at home. I know the argument will bear upon me as heavily as it can bear upon any gentleman on this side of the Chamber, who may vote as I do, that I am notvothigfor the immediate interests of my constituents, by bringing the road nearer their homes and through their farms. I must meet that as I may. " I desire to say here, and to give it as much publicity as I can, just this : having lived for ten years on the Pacific coast, where our whole hopes have been directed towards some road, I see at hst a prospect of accomplishing that result by this bill. I have observed, with great care, the struggle in the other House ; and I have seen that, by an overwhelming vote, the proposition for a northern route has been defeated. I am sure — and I take the advice of all the oiiginal friends of the bill around me — that to incorporate any '■-J 11 M 88 THE LIFE OF I Rmcndniciit In the bill now, will defeat it for this session, and possihly forever. In tliat condition, qnite alive to the interests of my constitu- ents, quite sure that tny conduct may be the subject of misapprehensidii or misrepresciitati(m, quite sure that all that strong feeling of locality for our State, our road, may be brought to bear upon me in future ; yet, risking my justification upon the great idea that I believe I am doing the best I can to promote the connection between the Atlantic and the Pacific, now, I shall vote for these roads ; and, if hereafter, my vote may ever be brought in question. I have but this to say : no man who can observe the condition in which this bill is to-day in the Semite, can do otherwise than know, that unless we do, within a very few days, pass the measure, substantially as it is, wc caiuiot pass it this session, and we risk it forever. "The bill, in my judgment, is far from perfect. As an original bill, I think — as I have said before — there ought to be but one road, one great highway of nations and of empires ; not for one Goverinneiit, nor for one day, nor for one generation, but for all the world, and all the advancing generations who may partake of its benefits and its blessings. But, in an age of compromise, and in a Government of compromise, I find that we have, after ten years, acconnnodated our- selves to each others opinions ; so that now, with two roads, we may pass a bill, may get it through this body, and it may receive the sanction of the President of the United States. Shall I, can I, dare I risk tlie measure to which the hopes, the prayers, the aspirations of so many thousands, distant very far from here, have been directed so long ? And with all humility, without offering my own example for other people to follow at all, I hope I may say to my friends on this side of Chamber : Gentlemen, if the road does not suit you in its locality, if you want one more or one less, let me beseech you to take this now, lest, indeed, we lose all." Mr. Baker was a firm friend and advocate of the Pacific Kailroad project, from its inception, and to attain that much desired end, he was willing to sacrifice any personal preference for a particular route, though such EDWARD D. BAKER. 89 nn one mi«^ht have been more acceiUublo to his iinnuHli- u(o constituents. He hud assisted in huildiiijr the Punamn Railroad ; had witnessed its complete success, exceeding the highest anticipations of its projectors ; and he foresaw with the eye of a seer, that the span- ning of the continent with a belt of iron, from New York to San Francisco, would not only strengthen the bonds of the Union, but revolutionize to a consideral)le extent the commerce of the world, and bring the rich treasures of the Orient directly to our doors, (.'ould he have lived until the present day, when this ])ro(ligi()Us enterprise is a fait accompU, and been present at the recent memorable celebration of its completion — and no one would have enjoyed the occasion more than himselt^ — he would likely have made a speech which W(mld have entirely eclipsed all his former efforts in the way of oratory, and outshone others, as does the "golden spike," which lifts its glittering head beneath the shadow of the Sierra Nevada, outshine its fellows. During the same session. Senator Baker made remarks, more or less extended, on the Army Bill, the Tariff Bill, luid the bill for expenses incurred in our hostilities with the Indians in Oregon. He also, on March 1st, 18(>1, delivered a pertinent and convincing speech in support of the joint resolutions proposing amendments to the Constitution of the United States, known as the PEACE CONFERENCE PROPOSITIONS, In the hope that their adoption by Congress, and sub- mission to the people of thesevcral States for ratification, 8 II m *>;■* •I*'" , \-^w rfflifiii ,.'1 M IMAGE EVALUATION TEST TARGET (MT-3) k A {./ ^ >% „v V A^ . '^^ ^V <*? ^.^ J / f/. 1= 11.25 U 1 1.6 Photogrpphic Sciences Corporation V ,v L17 6^ 23 WEST MAIN STREET WEBSTER, N.Y. MSSO (716) 873-4503 ^ '9) 90 THE LIFE OP would tend to restore peace to a distracted couTitrj^ The plan of our work will not permit the introduction of the whole of this speech; but the subjo'aed copious extracts may serve to illustrate its general style, tone and mode of treatment of the complicated and perplex, ing questions at issue between the two sections of the Confederacy : " Mr. President, I mean to vote for the passage of these proposed amendments just as they are, without any change ; and I propose to give, very briefly, a few of the reasons which govern my judgment in the act. *' In the first place, I feel that I am submitting to the people of the whole country, amendments which they, and they only, can incorporate into the present Constitution ; and I do not believe that, in any state of the case, I can do very wrong in doing that ; but when I consider the immediate condition of the country, I feel that I am doing very right. Twenty States assemble in what is called.the peace convention, Tlioy recommend to us, in times of great trial and difficulty, the passage of these resolutions. They are eminent men ; they are — very many of them — great men ; they have been selected by the States which they represent, because of their purity of pharacter and ability. The country is in great trouble. Six States have seceded ; and I am told by many men, in whom I have great confidence, that their States are to-day trembling in the balance. I believe it. I am told — but upon that subject I have not yet made up my mind — that the adoption of these measures by the people will heal the differences with the border States. I do not believe that I can do wrong, therefore, in giving the people of the whole Union a chance to determine these questions. " In the beginning, I voted against the propositions of the distinguish- ed Senator from Kentucky. (Mr. Crittenden.) Even then, I did not perceive any great harm in submitting any propositions to the people of the United States, which circumstances might appear to render necessary for any good purpose. I refused to vote for them for two EDWARD D. BAKER. 91 reasons: first, I believed something bettor might be attained ; and second, I did not believe that the people of the States would agree to them. I do not believe it now, and for one simple reason : I tliink I may consider myself, in some respects, a representative of the opinion as well as the power of my own people. I am a Republican, a zealous and determined one. I have all my life been of the opinion that Congress ought not to protect slavery, and to extend the dominion of this Government for that purpose, or with that possibility. A great many in ihe North, who are not Republicans, but are what we call Douglas men, have shown at the last election, under something of trial and sacrifice, that they too, do not believe that the Constitution does, or ought to extend slavery. I am not disposed to give up that opinion ; I do not believe they are. I was not disposed to give up when six States were in the Union, which are now out, as they say ; and I am not disposed to give it up yet. Independently of pride of opinion, I do not believe that kind of sacrifice would acomplish any good result. " These are the reasons, in short, which induced me to vote, with regret, against the propositions of the distinguished Senator from Kentucky in the earlier part of the session. But now, we are within two days of adjournment, propositions essentially variant in their cliaracter to those, are submitted here ; and I am asked : * will you, in your representative capacity, submit these to your people for their decision, either to accept or reject ?' Now, why not ? I need not dwell upon the fact that, while we are a representative, we are at the same time a democratic Government. I will not shut my eyes to the fact, that, though the Republican party is in a constitutional majority, it is not yet, and it never has been, in an actual majority ; and I do not helieve it possible for one third of the people to coerce the opinion of two thirds. * * * Mr. Wilkinson. *'I understood the Senator to say that twenty States appealed to us. Mr. Pakku. " Yes, sir, just as I say the Government appeals to another Government. I do not say every hidividual in it; just as I say Congress appeals to another Government, not every individual member of Congress ; but I do say, in the words of the proposition /■"' m , M in ■IZi it m ¥ m-- m #11 't: ir^ 11 M 92 THE LIFE OF m before us, that ' tlioy', the Peace Convention, composed of the States recited, * hiive approved what is herewith recited, and respectfully request that your honorable body will submit it to conventions in the States, as article thirteen of the amendments to the Constitution of the United States.' That is all I said, or meant to say. " Now, sir, suppose that every argument that the distinguished Senators from Virginia have brought to bear on this proposition is true, what then? Is that any reason why it should not be submitted to the people? Suppose they do not approve of it, what then ? It is their business, not ours. And suppose they should, it is a measure of peace, of security, of union. Sir, I know, as you do, many of the members of that Convention. I have acted with them as Whigs in old times, and I wish they could come back. I Jinow that they have proved in former times, as they will prove again, that they love this Union to the very depth and core of their hearts. I do not propose to give them up ; I do not propose to weaken them ; I do admire, with my whole heart, the sacrifice of opinion which they make, and wliicli is typified by the noble expressionof the distinguished Senator from Kentucky to-day. Party or no party. North or no North, I, at least, will meet them half way. My State is far distant. She had no members in that Convention. I do not know whether she will approve this measure ; but I know it will neither hurt that State nor me, to give her a chance to determine. I know very well that the Senators from Virginia do not approve it. That is the reason why I do. (Laughter.) If I was sufe they would not think me guilty of disrespect, I would remind them of what was said by a distinguished man in old times. Phocian, i!i tiie last days of his Republic — and I hope in that respect, at least, there Avill be no parallel — Phocian was once making a speech to the Athenian people, and somethnig he said excited very great applause. He turned around to the friends near him, and remarked : ' what foolish thing have I been saying that these people praise me ?' Sir, if Virginia, represented as she is here to-day, and as she has been during this session — not as I think she reaUi/ is — were to approve these propositions, I should doubt them very much indeed. * * * * ****** it ** Mr. President, let us be just to these propositions. As a EDWARD D. BAKEU. 03 Republican, I give up something when I vote for them ; but, sir, I am not voting for them now ; I am only voting to submit them to my people ; and I shall go before them, when the time comes, being governed in my own opinion as to whether they should vote for them or not, as I see that Virginia, Tennessee, Kentucky, North Carolina and Missouri, by tlieir people, desire. To be frank, sir, if this propo- sition will suit the Border States, if there will be peace, and union, and loyalty and brotherhood, with this, I will vote for it at the polls, with all my heart and soul; but if I see that the counsels of the Senators from Virginia shall prevail ; if my noble friend from Tennes- see (Mr. Johnson) shall be overwhelmed ; if secession shall still grow in the public mind there ; if they are determined, upon artificial causes of complaint, as I believe, still to unito their fate, their destiny, their hope, with the extremest South, then, perceiving them to be of no avail, I shall refuse them. Therefore, at the polls at last, I shall 1)0 gc .rned as an individual citizen by my conviction at the moment of what the ultimate result of these propositions will be — but I am not voting for that to-day. I am saying : ' People of the United States, I submit it to you ; twenty States demand it ; the peace of the country requires it ; there is dissolution in the atmosphere ; States have gone off; others threaten; the Queen of England upon her throne declares to the whole world her sympathy with our unfortunate condition ; foreign Governments denote that there is danger, to-day, that the greatest Confederation the world has ever seen is to be parted in pieces, never to be united.' Now, not what I wish, not what I want, not what I would have, but all that I can get, is before me. If the people of Oregon do not like it, they can easily reject it. If the people of Pennsylvania will not have it, they can easily throw it aside. If they do not believe there is danger of dissolution, if they prefer dissolu- tion, if they think they can compel fifteen States to remain in, or come back, or if they believe they will not go out, let them reject it. I repeat again, it is their business, not mine. "But,, sir, whether I vote for it or not, in voting for it here, it may be said that I give up some of n)y principles. Mr. President, we sometimes mistake our opinions for our principles. I am appealed to ^ m ■ '' ] 'k .1 ! ' '' i 1 ' t .'■ 'li «i ^f\ i| II K<•t^ ■nj |y|f 1 4: Rt ' ■'<'' 1 '::ll ::'^'il SI. Iti, ' ■ ■ u-<-'^'''- 'I I *., 94 THE LIFE OF often— it is said to me: 'you believed in the Cliicago platform/ Suppose I did. ' Well, this varies from the Chicago platform.' Suppose it does. I stand to-day, as I believe in the presence of greater events than those which attend the making of a President. I stand, as I believe, in the presence of peace and war, and if it wore true that I did violate the Chicago platform, the Chicago platform is not tlie Constitution of the United States to me. If events, if circumstances change, I will violate it, appealing to my conscience, to my country, and to my God, to justify me according to the motive. "Again, sir, how much do I give up ? I have said, as a Republican, that Congress has the power to prohibit slavery in all the Territories of the United States. I believe it to-day. Talking about giving up, there are a good many other people that give up something here. Gentle, men on the other side, who have been contending that Congress had no power whatever to prohibit slavery, acknowledge that they were mistaken ; at any rate they go for it ; they prohibit it by law, by the Constitution itself. Therefore, I am not tlie only man who gives up. ** Again : I believe it is wrong, politically wrong — I am not now discussing the social and moral question — to establish slavery in the name of freedom. Sir, twelve years ago, or more, it was my fortune to wander in a foreign land, beneath the stars and stripes of my country. I went there, as I tliliik, impelled by motives of patriotism, perhaps having mingled with them not a little desire of adventure, love of change, and that feverish excitement for which we people of this country are always and everywhere remarkable ; but I believe that I did suppose I was doing something to repay the country for much she had done for me. Sir, often and again, wandering sometimes beneath • Where Orizaba's purpled summit shone,' sometimes by the dark pestilential river that marks the boundary between the two countries, often and often have I wondered by myself whether I was wandering and suffering there to spread slavery over an unwilling people. I am not sorry to see that now that is rendered impossible ; first, in tlie course of events ; but if it were not so, I know, if these propositions shall pass, that the foul blot of slavery never will be extended over one foot of Territory to be taken or conquered by the people of the United States. I EDWARD D. BAKER. 95 " But, I pva asked, ' what do you say about New Mexico ?' I will tell you in twenty words. I am an older Republican than many of those I sec around me, who vote to-day diflFerently from me. I voted, in 1850, on the floor of the other House, against the compromise measures of that year. I did so, among other reasons, because I was not willing that Utah and New Mexico should become slave or free according to the wishes of their people, believing as I did, (I have changed my opinion in some respects since) that that was not best for the whole country. Contrary to my wishes, those compromise measures pre- vailed. New Mexico now is nominally a slave Territory ; that is, to use the words of the distinguished Senator from New York, (Mr. Seward) tliere are some twenty slaves in the whole Territory. There they may, probably will, remain. I submit to the people a proposition, that if they approve it as a compromise, as a concession, for peace and union, as it happens that that little Territory includes all that can possibly be slave territory, they will let it alone until the people are able and willing to make their own State Constitution. ******* ***** " Agoin, It is said on the Republican side, that we protect slavery. In one ;jense we do, and in another we do not. When the resolutions of the Senator from Kentucky were up the other day, I voted for the amendment of the other Senator from Kentucky (Mr. Powell) in order to make them clear, to show what I was voting against. I was unwil- ling that territory, hereafter to be acquired, should be rendered slave territory ; and I put that proposition distinctly in it, so that when I voted against them, it might be seen how and why I did it. As I have said, this proposition renders that impossible. First, it refers only to the territory we now possess — that is New Mexico alone. As for the territory north of 36 30 , I need not speak. We know that God Almighty has registered a decree that that shall never be slave. We, on our part, want no Wilmot Proviso there ; we all agree that we are willing to let it alonj. S uth, there is the barren Territory of New Mexico. Beyond that, who knows ? If we are to acquire it, we are to acquire it by this proposition, by the assent of a majority of the States of both sections, and two thirds of the whole ; and I do not know a nian living who believes that, with that prohibition incorporated in the ^Constitution, slavery is probable, or even possible. M i fe u '■mi m \. ■ 1 . ' ,''1.;'' t h'A ••Ml •In til '' 96 THE LIFE OF "" crefore, Mr. President, I agree that in the compromise, I, as a Republican, do give up to tliat extent, and no more, what I have aaid ; but doing that, I believe that I consecrate all the territory betweou here and Cape Horn, to freedom, with all its blessings forever. Mr. President, I should be excessively pleased, as a partisan and a man, if the inauguration of Mr. Lincoln could be one at which all the States would attend with the old good feeling, and the old good humor. I have seen six States separate themselves, as they say, from us, and form a new confederacy, with great pain and greater surprise. I can- not shut my eyes, if I would, to the existing state of things. I listen to the Avarning of my friend, from Tennessee. I have been in both States. I know something of their people. I believe that there, even there, the Union is in danger ; and I believe if we break up hero without some attempt to reconcile them to us, and us to them, many o£ the predictions of friends and foes as to the danger will be accom- plished. I said in the earlier part of the session — I repeat it — I will yield nothing to secession. When the Representatives from South Carolina, Alabama and Louisiana, came here invoking war, telling us that if we did not yield to them, they would secede, would break up the Union, would confederate with foreign governments, would hold us as aliens and strangers and enemies, I believed then, as I believe now, that that was too dear a price to pay even for union and peace ; but to-day the case is altered. Virginia, Kentucky, Tennessee, reiterate their love ^r the Union. They tell us in unmistakable terms that they desli-e to remain ; and in every county, nay, in e^ery township of those States, we have staunch and true and ardent friends, who would be willing to seal their devotion to this Union with their blood. It is thci/ to whose appeal I would listen. It is from them that I would take counsel and advice ; and when they tell me, ' pass these resolutions; they are resolutions of peace ; submit them to your people ; listen to what ours say in reply ; if it appears to you at the polls that these resolutions will produce peace, restore the Union, create or renew fraternal feeling, pass them ; let us settle this question, and be one people,' I agree with all my heart, I will do it. * * * * * * * 1 EDWARD D. BAKER. 97 r, telliiiK us " Besides, .sir, what else can I do V As I sit down let nie ask Sena- tors on every side, what else can any of us do ? Shall we sit hero for three months, when petition, resolution, acclamation, tumult is heard, seen, and felt on every side, and do nothing? Shall State after State go out,. and not warn us of danger ? Shall Senators, Representatives, patriotic, eloquent, venerable, tell us again and again of danger in their States, and wc condescend to make no reply ?" On the day succeeding the delivery of the foregoing; speech, when, in a debate in the Senate on the name subject, Mr. Baker's position was assailed by Senator Trumbull, and other Kepublican Senators, he replied with becom- ing spirit, and in the coursc^of his remarks used the following pointed language : "Mr. President: In the earlier days of the session, I seized what was rather a remarkable occasion to say, that, in my judgment, secession had no warrant in the Constitution, that it was disorganizing and de- structive. I said so then, and believe it still ; and sir, if I may add my sentiments to my conviction, I may say further, if that time shall come, Avhen, in the judgment of the whole country, under the auspices of a new Administration, in the presence of the world, it shall be necessary for the peace of the Union, and for the preservation of the great principles of free government, to put down secession by force, I will not be behind those who profess themselves willing to lead the advance now. But, sir, I am so fearful of the effect of the secession of seven States, that I do want, in my heart, to avoid tHe secession of fifteen." The propositions of the Peace Conference, it is known, were strenuously opposed by the extreme men in Con- gress from both sections of the Union, and the measure consequently failed, as, in like manner, did the " Border State," and the " Crittenden — Douglas Compromise." It should be remembered to Baker's honor as a public man, that, during this most troubled and momentous 9 i M 4 . ii) "■ iS' ^,' r %,. 98 THE LIFE OF session of the National Legislature, he was one of the few Senators of the dominant party, who seemed to fully comprehend the magnitude of the issues presented, to appreciate the dangers which beset the Republic, and who manifested a hearty willingness to meet the great crisis in a spirit of liberality, conciliation, and wise statc- manship, which, had it been more generally imitated and sustained, might have led to a very different result from that of a protracted and ruinous internecine war. And yet, when a little later, the portentous storm of war, which had long been gathering in the southern horizon, burst upon the land in all its fury, he hesitated not as to the course he should pursue ; but buckled on his armor, and nerved himself to engage in the terrible and bloody strife. HE SPEAKS IN NEW YORK CITY — ENTERS THE FIELD IN THE WAR OP THE REBELLION. On the 20th of April — a few days after the fall ol Fort Sumter — while the cry to arms was being echoed and re-echoed from the Capital to the utmost limit of the Confederacy, Colonel Baker spoke in Union Park, New York City, to one of the largest assemblages ever enchained by the eloquence of a single man. In closing his stirring address, he dedicated himself anew to the service of his country in these grandly eloquent wordn, which were greeted with tremendous applause : "And if, from the far Pacific, a voice, feebler than the " feeblest murmur on its shore, may be heard to give EDWARD D. BAKER. 09 LD IN THE " you courage and hope in this contest, that voice is " yours to-day. And if a man, whose hair is gray, who " is well nigh worn out in the battle and toil of life, " may pledge himself on such an occasion, and to such " an audience, let me say, asmy last word : that as when, " amid sheeted fire and flame, I saw and led the hosts " of New York, as they charged in Contest upon a " foreign soil for the honor of your flag ; so, again, if " Providence shall will it, this feeble hand shall draw a "sword, never yet dishonored — not to fight for distant " honor in a foreign land — but to fight for country, for "government, for constitution, for law, for right, for " freedom, for humanity ; and in the hope that the " banner of our country may advance, and whersoever " that banner waves, there may glory pursue and frce- " dom be established." Unlike some of our modern school of patriots. Baker was a man of action as well as of words. He at once commenced work in earnest, by recruiting, in Philadel- phia and vicinity, what was called his " California Regiment ;" which being soon filled to the maximum number was accepted by the Government, and mustered into service. President Lincoln, about this time, tendered him a Brigadier General's commission , but he declined the proffered honor, probably because it would have vacated his seat in the Senate. HIS MEMORABLE REPLT TO SENATOR BRECKENUTUGE. At the first session of the 37th Congress, convoked by proclamation of the President on July 4th, 1861, m\ ■\Bi f ''■■■■ I %■'■" ii' # i/^:' .11 ' I ' r ml - .a ^ * 100 Tilt: Llt'E OP 51.'!'' Senator Baker was in his Heat, and participated promi nently in the passage of those important measiuvs wliich hecame necessary to place the nation iipon a war footing. During this session, pending the debate in the Senate on the " Insurrection and Sedition bill," he made \m famous impromptu reply to Senator John C. Brecken- ridge, of Kentucky. This speech created a very marked sensation at the time, and is thought by some to have been the happiest effort of his life. It is, indeed, a most admirable specimen of impassioned declamation, and merits scrutiny as a model of its class. After address- ing himself first, to the merits of the bill in question he spoke as follows : " I agree that we ought to do all we can to limit, to restrain, to fetter the abuse of military power. Bayonets are at best illogicnl arguments. I n not willing, except as a case of sheerest necessity, ever to permit a military commander to exercise authority over life, liberty and property. But, sir, it is part of the law of war ; you can- not organize jurieii ; you cannot have trials according to the forms and ceremonials of the common law amid the clangor of arms ; and some- body must enforce police regulations in a conquered or occupied district. I ask the Senator from Kentucky again, respectfully, is that unconstitutional ; or if in the nature of war it must exist, even if there be no law passed by us to allow it, is it unconstitutional to allow it V That is the question, to which I do not think he will make a clear and distinct reply. " Now, sir, I have shown him two sections of the bill, which I do not think he will repeat earnestly are unconstitutional. I do not think he will seriously deny that it is perfectly constitutional to limit, to regulate, to control, and at the same time to confer and restrain authority in the hands of military commanders. I think it is wise and tDWARD 1). liAKEtt. KM 1 promi- neasures on a Avar Senate nade bin Breeken- r marked to have i, a most tion, and address- question [•estrain, to ist illogical t necessity, f over life, • ; you can- e forms and and sonie- r occupied ally, is that iren if there ,0 allow it ? a clear and which I do lo not think il to limit, ,n(l restrain is wise and judicious to regulate it by virtue of powers to be placed iu the hands of the President, by law. " Now, a lew words in reference to the Senator's predictions. The Senator from Kentucky stands up hero in a manly way, in opposition to what he sees is the overwhelming sentiment of the Senate, and utters malediction and prediction combined. Well, sir, it is not every prediction that is prophecy. It is the easiest thing in tho world to do; there is nothing easier, except to be mistaken when we have pre- dicted. I confess, Mr. President, that I would not have predietod three weeks ago the disasters which have overtaken our arms, and I do not think that, six months hence, the Senator will indulge in the same prediction which is his favorite key now. I would ask him what would you have us do ? A Confederate army within twenty miles ol us, advancing, or threatening to advance to overwhelm your (Jovern- ment, to shake the pillars of the Union, to liiing them around your iiead, if you stay here. Are we to stop and talk about an uprising ol' the popular sentiment in the North against the war? Are we to pre- dict evil, and then retire from what we predict ? Is it not the more manly part to go on as we have begun, to raise money, and levy armies, to organize them, and prepare to advance, by all the laws and regula- tions that civilization and humanity allow in time of war V Can we do anything more ? To talk about stopping is idle ; we will never stop- Will the Senator yield' to rebellion? Will he shrink from armed insurrection? Will his State justify it? Will its better public senti- ment allow it ? Shall we send a flag of truce ? What would he have us do? Or would he conduct this war so feebly that the whole world would smile at us in derision ? " These speeches of his, thrown broadcast over the land, what clear distinct meaning have they ? Are they not intended to animate our enemies ? Sir, are they not words of brilliant, polished treason, even iu the Capitol of our Confederacy ? What would have been thought, if in another Capital, in another Republic, and in a yet more martial age, a Senator as grave, not more eloquent or dignified than the Sena- tor from Kentucky, yet with the Roman purple flowing over his shoulders, had risen from his place, surrounded by all the illustrations of Roman glory, and declared that advancing Hannibal was just, and that Carthage <" .ft! I 'IE *;'il; , ,'1 f j'9^ -ftp ..if t • A ■ 'i -i<.| ,; 102 THE LIFE OF .■■^t-IS p'*i!i should be dealt with in terms of mercy ? What would have been thought, if after the battle of Canna3, a Senator had then risen in his place, and denounced every levy of the Roman people, every expendi- ture of Hs treasure, and every appeal to old recollections and old glories ? Sir, a Senator, *hiraself far more learned in such lore, tells me in a voice I am glad is audible, that he would have been hurled from the Tarpeian Rock. It is a grand commentary on the American Constitution that we permit these words to be uttered. " I ask the Senator to recollect to what, save to send aid and com- fort to the enemy, do these predictions of his amount to? Every word thus uttered fall as a note of inspiration upon every Confederate ear. Every sound thus uttered is a word (and falling from his lips, a mighty word) of kindling and triumph, to a foe that is determined to advance. For me, I have no such words as the Senator, to utter. For me, amid temporary defeat, disaster and disgrace, it seems that my duty calls me to utter another word, and that word is bold, sudden, forward, determined war, according to the laws of war — by armies, by military commanders, clothed with full power, advancing with all the past glories of the Republic urging them on to conquest. "I do not stop to consider whether it is subjugation or not. It is compulsory obedience ; not to my will, not to yours, sir ; not to the will of any one man ; not to the will of any one State ; but compulsory obedience to the Constitution of the whole country. The Senator chose the other day, again and again, to animadvert on a single expression in a little speech which I delivered before the Senate, in which I took occasion to say, that if the people of the rebellious States would not govern themselves as States, they ought to be governed as Territories. The Senator knew full well, for I ex- plained it twice, that on this side of the Chamber, nay, in this whole Chamber ; nay, in the whole North and West ; nay, in all the Loyal States, in all their length and breadth, there is not a man among us all who dreams of causing any man in the South to submit to any rule, either as to life, liberty or property, that we ourselves do not willingly agree to yield to. Did he ever think of that ? When we • The late Wm. P. FesBeudcu. 1 ii EDWARD D. BAKER. 103 subjugate South Carolina, wliat shall we do ? We shall compel obedience to the Constitution of the United States ; that is all. Wc do not mean, we have never said, any more. If it be slavery that men should obey the Constitution their fathers fought for, let it be so. If it be freedom, it is freedom equally for them and us. We propose to subjugate rebellion into loyalty ; wc propose to subjugate insurrection into peace ; wc propose to subjugate Confederate anarchy into Con- stitutional Union liberty. The Senator well knows that we propose no more. I ask him, I appeal to his better judgment now ; what does ho imagine we intend to do, if, fortunately, we conquer Tennessee or South Carolina — call it ' conquer' if you will. Sir, wliat do we propose to do ? They will have their courts still ; they will have their ballot boxes still; they will have their elections still; they will have their representatives upon this floor still ; they will have the writ of Habeas Corpus still ; they will have every privilege they ever had, and all wc desire. When the Confederate armies are scattered ; when their leaders are banished from power ; when the people return to a late repentent sense of the wrong they have done to a Government they never felt but in benignancy and blessing, then the Constitution , made for all, will be felt by all alike, like the descending rains from heaven, which bless all alike. Is that subjugation ? To restore what was for the benefit of the whole country, and of the whole human race, is all we desire, and all we can have. ".Gentlemen talk about the North-east. I appeal to Senators from the North-east: is there a man in all your States, who advances upon the South with any other idea but to restore the Constitution of the United States in its spirit and in its unity ? I never heard that one. I believe that no man indulges in any dream of inflicting there any wrong to public liberty, and I respectfully tell the Senator from Kentucky that he persistently, earnestly, I will not say willfully, mis- represents the sentiment of the North and West, when he attempts to teach these doctrines to the confederates of the South . " Sir, while I am predicting, I will tell you another thing. Thi.s threat about money and men amounts to nothing. Some of the States v/hich have been named in that connection, I know will. I know, as my friend from Illinois will bear me witness, his own State very well. 'MM m it^i 1a "t ■ i* 'iy !:ifMii ■ ,1. 1 ' I w 104 THE LIFE OF I am sure that no temporary defeat, no momentary disgrace, will swerve that State either from its allegiance to the Union, or from its determination to preserve it. It is not with us a question of moiiey or of blood ; it is a question involving considerations higher than these. When the Senator from Kentucky speaks of the Pacific, I see another distinguished friend from Illinois, now worthily representing one of the States on the Pacific, (Mr. McDougall) who will bear me witness that I know that State, too, well. I take the liberty — I know I but utter his sentiments in advance— joining with him, to say, that tJiat State (quoting from the passage the gentleman iiimself has quoted,) will be true to the Union to the last of her blood and treasure. There may be there some disaffected ; there may be some few men there, who wonld rather * rule in hell than serve in heaven.' There are such men every- where. There arc a few men there, who have left the South for the good of the South ; who are perverse, violent, destructive, revolution- ary, and opposed to social order. A few, but very few, thus formed and thus nurtured, in California and in Oregon, both persistently endeavoring to create and maintain mischief; but the great portion of our population are loyal to the core, and in every chord of their hearts. They are offering through me — more to their own Senators every day, from Oalifornia and, indeed, from Oregon — to add to the legions of this country by the hundred and the thousand. They are willing to come thousands of miles with their arms on their shoulders, at their own expense, to share with the offering of their hearts blood in the great struggle for constitutional liberty. I tell the Senator that his predictions, sometimes for the South, sometimes for the Middle States, sometimes for the North-east, and then wandering in airy visions out to the far Pacific, about the dread of our people as for loss of blood and treasure, provoking them to disloyalty, are false in fact, and false in theory. The Senator from Kentucky is mistaken in them all. Five hundred million dollars ! What then ? Great Britian gave more than two thousand millions in the great battle for constitutianal liberty which she led, at one time, almost single handed against the world. Five hundred thousand men ! What then ? We have them ; they are the children of the country. They belong to the whole country; they arc our sons, our kinsmen ; and there are many of us who will it Bgrace, will or from its of money or than tliesi'. see anotliei" ig one ot" the itness that I »ut utter his til at State ed,) will be here may be , who wonld I men every- juth for the , revolution- thus formed persistently it portion of their hearts. s every day, c legions of 'C willing to ers, at their blood in the itor that his iddle States, ' visions out )S3 of blood :;t, and false mall. Five ire more than ianal liberty it the world. them; they )le country; us who will EDWARD D. BAKER. 105 give them all up before we will abate one word of our just demand, or will retreat one inch from the line which divides right from wrong. " Sir, it is not a question of men or money. All the money, all the men, are, in our judgment, well bestowed in such a cause. When we give them, we know their value well ; we give them with the uiore pride and joy. Sir, how can we retreat ? Sir, how can we make peace ? Who will treat ? What Commissioners ? Who go ? Upon what terms ? Where is to be your boundary line ? Where the end of the principles we shall havp to give up ? What will become of constitutional government ? What will become of past glories ? What of future hopes ? Shall we sink into the insignificance of the grave, a degraded, defeated, emasculated people — frightened by the results of one battle, and scared by the visions raised by the imagination of the Senator from Kentucky upon this floor. No, sir, a thousand times no. We will rally, if, indeed, our words be necessary ; we will rally the people, the loyal people of the country. They will pour forth their treasures, their money, their men, without stint and without measure. The most peaceful man in this body may stamp his foot upon this Senate floor, as of old a warrior and Senator did, and from that single stamp there will spring forth armed legions. Shall one battle, or a dozen battles, determine the fate of an empire — the loss of one thousand men or twenty thousand men — the expenditure of $100,000,000 or 1(500,000,000. In a year peace, in ten years at most of peaceful pro- gress, we can restore them all. ** There will be some graves reeking with blood, watered by the tears of affection. There will be some privation ; there will be some loss of luxury ; there will be somewhat more need of labor to procure the necessaries of life. When this is said, all is said. If we have the country, the whole country, the Union, the Constitution, free govern- ment—with these will return all the blessings of a well ordered civili- zation. The path of the country will be a career of greatness and glory, such, as in the olden times, our fathers saw in the dim visions of years vet to come, and such as would have been ours to-day, had it not been for that treason for which the Senator from Kentucky too often seeks to apologize." 10 'it '^•1^ ' 'M m m ill . .•*''i ■ I I M m mi .^♦0,5 106 THE LIFE OF if" ll THE BATTLE OP " BALL^S BLUPF" — COL. BAKER's DEATH. On the adjournment of the special session of Congress, Colonel Baker rejoined his regiment in the field, which was attached to, and formed a part of, the Army of Observation on the Potomac. He, however, was rest- less and uneasy in camp. A vague presentiment of his approaching fate seemed to haunt and oppress him wherever he went. A short time previous to the san- guinary conflict in which he was slain, he is reported as having said to a friend: that, "since his campaign in Mexico, he could never aftbrd to turn his back upon an enemy," and expressed the opinion that he would fall in the first encounter. He returned to Washington, and settled all his aff'airs. " lie Avent to say farewell to the family of the President. A lady — who in her (then) higl\ position was still gracefully mindful of early friendship — gave him a boquet of late flowers. ' Very beautiful,' he said, quietly, 'These flowers and my memory will wither together.' At night he hastily reviewed his papers. He indicated upon each its proper disposition, ' in case I should not return.' He pressed with quiet earnestness ujiou his friend, Col. Webb, who dei^recated such ghostly instructions, the measures which might become nece jsary in regard to the resting place of his mortal remains. All this without any ostentation. He performed all these offices, with the coolness of a soldier and a man of affairs, then mounted his horse and rode gayly away to his death." " On the 20th ol October, 18G1, the movement of General McCall upon Dranesville having excited the i DEATH. Congress, d, which Army of was rest- ent of his )rcss him 3 the saii- ported HH ipaign in : upon an ^vould ft\ll shington, irewell to her (then) of early s. ' Very and my le hastily its i:)roper [e pressed rebb, who measures he resting hout any , with the I mounted 'ement of ceited the EDWARD D. BAKER. 107 attention of the enemy at Leesburg, and a regiment of gray uniforms having been observed cautiously advanc- ing from the west and taking position behind a hill near Edwards' Ferry, Gen. Stone, comanding the army of observation on the Potomac, resolved upon armed reconnoissance to ascertain the position and feel the strength of the confederate force across the river. A scouting party sent out from Conrad's Ferry, scoured the country rapidly in the direction of Leesburg, and when within about a mile from the town were suddenly confronted by what, in the uncertain light, appeared to be rows of tents, but which w^ere afterwards ascertained to be merely openings in the frontage of the woods. Upon this report, brought back by the mistaken scouts, Col. Devon s, of the Massachusetts Fifteenth, was ordered to attack and destroy the supposed camp at daybreak, and return to Harrison's Island, between Conrad's and Edwards' Ferries, or, in case he found no enemy, to hold a secure position and aw ait sufficient force to reconnoiter. Colonel Baker was ordered to have his Californians at Conrad's Ferry at sunrise, and the rest of his brigade to move early. '• Col. Devens crossed the Potomac and proceeded to the point indicated, and General Stone ordered a party of Van Allen's cavalry, under Major Mix, accompanied by that most accomplished of English dragoons, Captain Stewart, to advance along the Leesburg road, and ascertain the condition of the heights in the vicinity of the enemy's battery near Goose Creek. This was per- formed in dashing style. They came upon a Mississippi m 'I'll f.'.it M f .;|,U'. i 19 108 THE LIFE OF ^^1 mm 4 I ; regiment, received and returned its fire, and brought oft' a prisoner. " Meantime, Colonel Devens had discovered the error in regard to the supposed encampment, and had been attacked by a superior force of the enemy (under com- mand of Gen. Evans) and fallen back in good order upon the position of Colonel Lee, who had been posted to support him on the blutf. Presently he again advanced, his men, as General Stone rejiorted, behaving admirably, fighting, retiring and advancing in order, and exhibit- ing every proof of high courage and good discipline. "At this juncture. Colonel Baker, who, early in the morning (of the 21st) had conferred with the command ing general at Edwards' Ferry, and received his ordern from him, began transporting his brigade across tho the narrow but deep channel that ran between Harrison's Island and the Virginia shore. The means of transpor- tation were lamentably deficient — three small boats and a scow, which the soldiers say was miserably heavy and water-logged. "With such means, the crossing was slow and tedious. While they were toiling across, Devens and Lee, with their little commands, were in desperate peril in front ; the wide battalions of the enemy closing around them, with savage prudence availing themselves of every advantage of ground, and flanking by the power of numbers the handful of heroes they dared not attack in front, Baker was not the man to deliberate long when the death-knell of his friends was ringing in his ears in the steady, continuous rattle of the rebel musketry. He advanced to the relief of Devens with EDWARD D. BAKER. 109 ^km brought the error had been nder com- rder upon posted to idvanced, dmirably, i exhibit- dpline. y in the ommand his ordern .cross the larrison's transpor- boats and leavy and ' was slow s, Devens desperate ly closing lemselves ;he power lOt attack srate long ng in his he rebel rens with a battalion of his Californians under Wistar, the most gallant of the fighting Quakers, and a portion of the 20th Massachusetts. AVith this devoted band, 1720 men all told, for more than an hour he stood the fire of the surrounding and hidden foe, as from the concealing crescent of the trees they poured their murderous volleys. Bramhalland French struggled up the precipitous banks with a field-piece and two howitzers, which did good service till the gunners dropped dead, and the officers hauled them to the rear to prevent their falling into the eneniy's hands. Every man there fought in that hope- less struggle as bravely as if victory were among the possibilities. No thought was there of flight or surren- der, even when all but honor was lost. Their duty was to stand there till they w^ere ordered awav Death was merely an incident of the performance of that duty ; and the coolest man there was the Colonel commanding. He talked hopefully and cheerily to his men, even while his heart was sinking with the sun, and the grim presence of disaster and ruin was with him. He was ten paces in their front, where all might see him and take pattern by him. He carried his left hand nonchalantly in his breast, and criticised the firing as quietl}^ as if on parade : " Lower, boys ! Steady there I Keep cool now, fire low, and the day is ours."* All at once a sudden sheet of fire burst from the curved covert of the enemy, and Edward Dickinson Baker fell pierced by eight leaden messengers, freighted with death, from the gmis of the advancing foe ; and *Sketch of Col. Baker, by John Hay. I k m 'iffl^^' !!^i'^ I'^l .a.f , * ■''■I ^, 5:11 ml ■m Si 110 THE LIFE OF i:i* 1^?: ''4 his life-blood, as it quickly flowed from the mortal wounds, mingled with that of the thousands of others that had already moistened the soil of the Old Dominion, and made it historic ground forever. Thus died, heroically, in the ripe maturity of his manhood, and in the meridian of his fame, one, who forms but another mournful example of the truth of the oft-quoted line of the poet Gray — " The paths of glory lead but to the grave." As a part of the history of this battle, and of Baker's connection with the same, we insert the following copies of the orders (published at the time) from Gen. Stone to Colonel Baker, which were found in the lining of the latter's hat by Captain Young, his aid, after the body had been taken from the field. Both orders were stained with Baker's blood ; and one of the bullets, which went through his head, carried away a corner of the first : ''Headquarters, Edwards' Ferry,^ Oct. 21st, 1861. j" " Col. E. D. Baker : " Colonel — In case of heavy firing in front of Sai'rison's Island, you will advance the California regiment of your brigade, or retire the regiments under Colonels Lee and Devens, now on the Virginia side of the river, at your discretion — assuming command on arrival. Very respectfully and truly, your obd't serv't, " CiiAS. P. Stone, Commanding Brigade." The second order was delivered on the battle field by Col. Cogswell, who, in reply to a question Avhat it meant, said " all right, go ahead." Whereupon Colonel Baker, it is said, put the order in his hat without reading it. An hour afterwards he fell : EDWARD D. BAKER, 111 " Hkadquartkrs, Corps op Observation,) Edwards' Ferry, Oct. 21st, 11:50. ) " E. D. Bakkr, Commanding Brigade : *' Colond — I am informed that the force of the enemy is about 4,000, all told. If you can push them you may do so, as far as to have a strong position near Leesburg if you can keep them before you, avoiding their batteries. If they pass Leesburg and take the Gum Springs road, you will not follow far, but seize the first good position and cover the road. Their design is to draw us on, if they are obliged to retreat, as far as Goose Creek, where they can be re-inforced from Manassas, and have a strong position. Report frequently, so that when they are pushed, Gorman can come upon their flank. " Yours respectfully, " CiiAS. P. Sto.ne, Brig. Gen. Commanding."*^ n ''*. ■1 m HIS FUNERAL OBSEQUIES. Tmmediatel}' upon the death of Colonel Baker, his body was carried back from the battle field by his faith- ful comrades-in-arms, to the Maryland shore. It was subsequently embalmed and removed to Washington OWry. ApjDropriate funeral honors were there paid to his remains, after Avhich they w^erc transported to New *It may not be improper here to remark, that General Stone was very severely censured by many of the public journals and public men of the day, on account of the disaster that befell the Federal arms at the battle of Ball's Bluff. Without wauing in the least for an investigation of the matter— nor is this strange, con- sidering the violence of men's passions and the perversity of their judgments, \n those exciting times — they threw the entire responsiblity of the movement upon him. His subsequent removal from his command, his long and rigorous con- tluemui, and final release without a trial, are a part of the history of the late war. In all this, great injustice was doubtless done to a gallant and patriotic ofllcer— who, as we are informed, has always claimed tliat, in directing the advance across the Potomao on that occasion, he was simply acting in obedience to orders from the authorities at Washington ; and hence was not to be held responsible for the fatal results attending that advance. '1 ll.l "•II' A.r. lv|i ,, :!';'^'i!i; W ■ ■ ■■ 1,1 i%i Hit 112 THE LIFE OF City, and thence by steamer, at the public charge, to California. " Safely were they borne through the portals of the Golden Gate at San Francisco ; sadly and affec- tionately were they received by her citizens, and peacefully do they now lie entombed on an elevated site, in Lone Mountain Cemetery of that city, overlooking the placid waters of her magnificent bay. " Slowly and sadly we laid him down, From the field of his fame fresh and gory ; We carved not a line, we raised not a stone, But left him alone in his glory." The tidings of Colonel Baker's death fell heavily upon the ears of the American people, accustomed though they were to the recital of tales of blood. He had won a reputation co-extensive with the Union by his eloquence in council, and his heroism in the field, and was linked to the hearts of the masses by many endearing Iries, which they were loth to sever. Among the numerous public testimonials to the merits of the deceased, appearing at the time, is the following general order issued by Major General McClellan, then in com- mand' of the Army of the Potomac : " IIeapquarters, Army Potomac,^ WASiiixnTON, Oct. 22d, 1861. f (General Order No. 32.) " The Major General Commiinding, with sincere sorrow, announces the death of Colonel Edward D. Baker, who fell gloriously in battle on on the afternoon of Monday the 21st of October, [1861,] near Leesburg, Virginia. The gallant dead had many titles to honor. At the time of his death, he was a member of the United States Senate from Oregon ; and it is no injustice to auy survivor to say, that one of the most eloquent voices in that illustrious body has been silenced by his fall. EDWARD D. BAKER. 113 "As a patriot, zealous for the honor and interests of his adopted country, he has been distinguislied in two wars, and has now sealed with his blood his devotedness to the National flag. Cut off in the fullness of his powers as a statesman, and in the course of a brilliant career as a soldier, while the country mourns his loss, his brothers in arms will envy, while they lament, his fate. He died as a soldier would wish to die, amid the shock of battle, by voice and example, animating his men to brave deeds. " The remains of the deceased will be interred in this city, with the honors due his rank, and the funeral arrangements will be ordered by Brig. Gen. Silas Casey. As an appropriate mark of respect to the memory of the deceased, the usual badge of mourning will be worn, for the period of thirty days, by the officers of the brigade lately under his command. , " By command of Major Gen. McClellan, ** L. Williams, Ass't Adj't. General." Upon the assembling of Congress in December, 1861, the death of Senator Baker was appropriately announced in the Senate by his colleague, Mr. Nesmith. The customary resolutions were passed by both Houses, and speeches made eulogizing the life and public services of the deceased. From among the many brilliant, scholarly, and finished tributes to his memory on that occasion, we have selected the remarks of the Hon. O. H. Brown- ing, of Illinois ; of the late Hon. James A. McDougall, of California, and of the Hon. Schuyler Colfax, of Indiana, which will be found in a subsequent part of this work. m M .1, i'M '•in, ut' •'H M m iiv^ m ml "!•( 11 m 114 THE LIFE (>V GENERAL VIEWS OF HIS CHARACTER. In the preceding pages, we have traced, somewhat concisely, and imiDcrfectly it may be, the career of Edward D. Baker from his cradle in the Old World, through a singularly eventful history of half a century, to his grave in the New. But before leaving our emi- nent subject, let us take a general survey of his character, and see what manner of man he was. In looking at his rather complex organization, per- haps the first thing to fix the attention of the critical observer is his individuality — his diiposition not to follow in the beaten track of every day existence, but to strike out for himself a new, and hitherto unexplored path in the wilderness of human life. Few men have had so checkered a career ; and fewer still have been so successful in all that they have under- taken. He had that degree of self-confidence and selfi reliance which prompted him to dare and do almost anything, within the limit of human exertion. This peculiarity he early manifested in matters which were of but trival importance within themselves. For example : When the captain of a military comj)any in Springfield, he w^as known, on muster days, to take the drum out of the hands of the regular drummer and try his own hand to show his young companions what an admirable drummer he was, or might be. Again, during his con- nection with the Christian church, he used to take t EDWARD D. IJAKER. 115 the load in sinewing, and believed tiiat he eould siiio- ^ little better, perhaps, than any one else. • After making a speecli, it was his habit — no very uneommon thing, however, among i)nblie npeaivers — to inquire of his friends what they thought of it ? and, not unfrequently, ho would depreciate his best efforts for the purpose of eliciting their commendation. lie was careless of his attire, yet proud of his personal pres- ence. Nothing, it is said, pleased him more than to bo told that he resembled the first Napoleon ; and there Mas some resemblance between them. In common with the majority of aspiring men. Colonel Baker loved praise, and courted popular favor; but, un- like that majority, he had the ability to command both. He was born, as it were, with a keen thirst for glory, and persistently sought the bubble, reputation, even at the cannon's mouth. This was doubtless the main cause of that restless activity which marked his life. Hence, he was never fully satisfied with any position at- tained in any of the varied walks in which he trod ; but was all the while struggling to bring himself up to Bome ideal level, above and beyond the range of common effort and success. As an illustration of his vaulting ambition, we are told, that, in early manhood, while yet a resident of Carrollton, Illinois, he was once found by an acquaint- ance in a retired locality, weeping, and looking as dis- consolate as the exiled Marius sitting upon the ruins of .ancient Carthage. On being interrogated as to the cause of his unusual grief, he replied : " Oh ! I was ..■iJiU r.;'T t|;*lii: m 1^ .'it. ■m •in if IIG THE LIFE OP jtiBt thinking how unhicky I am to have been bom in old England, for now, I can never be President."* Colonel Baker has been very properly called a " many sided man," presenting many different phases of char- acter, and all of these more or loss calculated to attract and please. "His very weaknesses became instruments of fascination. His egotism, his vanity and personal frailties, were all genial, and gave him an irresistible claim to sympathy." Without any of those adventitious advantages of family, fortune^ connections or patronage; self prompted, self-sustained, and self-taught, [saving the early instruction given him by his father in the rudiments of knowledge] he surmounted every obsta- cle, carved his way to eminence, became one of the ornaments of the nation, and " died a Senator in Con- gress." For all this, he is deserving of high praise. But it is undeniable that his many splendid virtues were alloyed with something of that dross which debases our common humanity, and from which the noblest natures are not wholly exempt. It is not our purpose, now and here, to unveil his faults — which at the worst were but of the negative kind — and hoid them up to the public gaze, though the great English bard has said, " The evil that men do lives after them, The good is oft interred with their bones." So, let it not be with our Baker. As a brilliant, fascinating, and effective fcrensic speaker, he must ever be held in high regard. He had •This Btory has long been current among Baker's old friends and boon com- panions ; and whether true or false, shows to some extent the character of the mau. EDWARD D. BAKER. 117 been led, in his youth, to embrace the profession of law, because the very nature of the calling afforded his mind excitement, and kept his faculties in active, unceasing play. He, moreover, very naturally, and, as society is constituted in this country, properly viewed it as the main avenue to social advancement, to politi>^al influence and reputation, and the stepping stone to the highest honors attainable in a free State. When a boy, he had read the history of the great lights of the profession, both of England and America— many of w4iom rose from the humblest walks of life to wealth, to station, to power — and his aspiring soul burned with an unquench- able ardor to emulate their examples, and win for him- self a name which might live on the page of history, and in the memories of men, long after the earthly house of his tabernacle had dissolved and mingled with its mother dust. Possessed of the requisite natural qualifications, had he confined his attention solely to the law, and applied himself with like assiduity and perseverance, he might have become the Erskine of the American bar. But it was in other fields, rather, than the forum, that he sought to realize his highest ambition. Colonel Baker, as before noticed, commenced his political life as a Whig of the Henry Clay and Daniel Webster school, and acted with that party until its final dismemberment after the Presidential canvass of 1852, when he united his fortunes with the newly formed Republican party. His course as a politician was marked by much courtesy and liberality of sentiment i IS i I? f m ■;•<.!, IIP liM'i m iW m\ 118 TIIE LIFE OP ' I'll towards his opponents ; by more than ordinary boldness and independence of spirit, and oft-times by the most enlarged and statesman-like views. Yet, upon the whole, lie seemed to have lacked, in some degree, that solidity of character — that steadiness, and unyielding adherence to fixed principles and definite lines of public policy, Avhich are essential to the great and successful political leader. But whatever contrariety of opinion may exist with reference to Baker's political character and influence, it will hardly be denied that he was an orator of the highest order. More eminent he may have been for the lighter graces than the severer qualities of oratory, yet not incapable of close, connected, logical reasoning. His success was no doubt partially owing to those superior personal attractions which he had received from the hand of nature; for an audience likes to look upon him who addresses them, reading grace and dig- nity in his physical form, whilst catching inspiration from his lips. His range and versatility as a speaker were such that he could command, at will, the "applause of listening Senates," and, anon, the hearty plaudits of of an unlettered frontier audience. He was especially great on great occasions, generally rising above, instead of falling below the expectations of his hearers. "His voice," says Senator Sumner, " was not full or sonorous, but sharp and clear. It was penetrating rather than commanding; and yet when touched b}'- his ardent nature, it became sympathetic, and even musical. His countenance, body and gesture, all showed the uncon- scious inspiration of his voice, and ho Aventon — master of EDWARD D. BAKER. 119 his audience, master also of himself. All hib faculties were completel}'' at his command. Ideas, illustrations, words^ seemed to come unbidden, and to range themselves in harmonious forms, as, in the walls of ancient Thebes, each stone took its proper place of its own accord^ moved only by the music of a lyre. His fame as a speaker was so peculiar, even before he appeared among us, that it was sometimes supposed he might lack those solid powers without which the oratorical faculty itself can exercise only a transient influence. But his speeches on this floor * * * showed that his matter was as good as his manner, and that while he was master of fence, he was also master of ordnance. His controversy was graceful, sharp, and flashing like a cimeter, but his argu- ment was pow'3rful and sweeping like a battery."* His style was nervous, elegant and copious. Many of the finest passages in his speeches were put in the form of interrogatories, gaining thereby immeasurably in force and effect. His mind teemed with beautiful images, comparisons, poetical quotations, and classical allusions, which were scattered with profusion, and glittered like pearls among all his efforts. His com- mand of the English language, however, " was so full and complete as to tempt him sometimes to indulge in an affluence of diction, too ornate and copious to satisfy the strictest canons of criticism." What has been said concerning the style of the Irish orator, Henry Grattan, '.(lir I, H ! '11 ^■m ■M. 4y rm ,^. I H • Vide Mr. Sumner's remarks on the death of Baker, in the CongreBsional Globe for the eeeeion of 1861-3, page 54. 120 THE LIFE OP It m M.-':.M by one of his biographers, may, with almost equal propriety, be applied to Baker's : "There was nothing common-place in his thoughts, his images, or his sentiments. Ever thing came fresh from his mind with the vividness of anew creation. Hismoist striking charcteristic was condensation and rapidity of thought. His forte was reasoning, but it was ' loi^ic on fire ;' and he seemed ever to delight in flashing his ideas on the mind with a sudden, startling abruptness." The examples already supplied, will aid the reader in forming some idea, however inadequate, of his marvelous eloquence ; but much of its force and effect was neces- sarily lost with the delivery. The orator himself must have been seen and heard in order to be truly appreciated. " It requires but a very slight acquaintance with the laws and aptitudes of mind," says the late Bishop Bascom — himself one of the most eloquent of men — " to know that on the score of warmth, interest and impres. sion, the speaker has greatly the advantage over the writer, and the hearer over the reader. The personal, in speaking and hearing, is found to be very different from the ideal in reading and writing. With the speaker and hearer, the eye, hand, action, intent gaze, and intuitive sympathy, all have an emphasis unknown to the mere writer and reader. Between the latter the distance is greater. * * * The unstudied inspiration of the speaker at the moment, even when the language is the same — the intensified thought and feeling of public address, are of necessity lost when the discourse is but simply read." EDWARD D. BAKER. 121 Mrs. Welby, the jjoetess, has given expression to the same thought in these exquisitely beautiful lines : *' There's a charm in delivery, a magical art, That thrills like n kiss from the lips to the heart ; Tis the glance — the expression — the well chosen word — By whose magic the depths of the spirit are stirred ; The smile — the mute gesture — the soul-stirring pause — The eyes sweet expression, that melts while it awes — The lips soft persuasion — its musical tone : Oh 1 such were the charms of that eloquent one." It is to be regretted that many of Baker's happiest effusions and richest gems of thought were never trans- ferred to paper. They passed away with the occasions that called them forth, or live only in the memories of those who heard them. To illustrate: In the earlier portion of his public life, he delivered an erudite and eloquent discourse on Art, before a literary society in Jacksonville, Illinois, which was greatly admired. At another time he delivered a brilliant and finished lecture in Springfield. Subsequently, in 1858, he made a mag- nificent speech at a celebration in San Francisco, on the occasion of laying the first Atlantic cable, which was replete with passages of the highest sublimity and beauty. To these may be added his multitudinous forensic and political harangues, some of which were regarded, at the time, as productions of the rarest merit. But he led too busy and nomadic a life to bestow much attention upon these scattered oftspring of his brain, after they had served a present purpose. And, now, that the voiceless grave has closed over him, they, too, are being entombed beneath the rapidly accumu- lating rubbish of years. 12 =1 fl i •'■■III ■ !"M1 ■■ M m ii'jjl 1 1 Ml "ii 111 iJ'l -too THE LIFE OF II m It used to be a saying with the membci^ of a certain political party in this country, that " they were always in favor of the next war." Colonel Baker might well have been classed in that list ; for whenever the nation became involved in war, foreign or domestic, he could not well keep out of it if he would, and he wou^d not if he could. He loved war. Its pomp, its pageantry, and its glory, were all irresistibly attractive to him. Nor was he unwilling to share in its hardships, its sufferings, its sacrifices. Brave, gallant, impetuous, ho unquestionably was ; yet it is questionable if his courage was' always tempered with that coolness, that sagacity and discretion in movement, which oharacteriiie the great military chieftain. He was a thorough cosmopolitan. In the pursuit of the varied objects of his ambition, he was deterred by no differences of country or climate, but trod with equal firmness the Torrid as well as the Temperate zone. Had he lived in the age of the Cimsades, he would doubtless have assumed the cross, and led the van in one of those wild and extravagant expeditions to wrest the Holy Land from the dominion of the Moslems. Or, had he flourished in the days of chivalry, he would probably have turned knight-errant ; put on a helmet and coat of mail ; seized a lance and buckler, mounted some flaming steed, and sallied forth in quest of adventures and glory. Although not a " native to the manor born,'* he came to America in his early childhood, and was thoroughly naturalized. Our Constitution and Uiw&, our unity, our I EDWARD D. BAKER, 123 certain ilways it well nation could a^d not 3antry, o him, il>s, its lous, he tourage igacity 1250 the :'suit of rred by d with operate des, he the van ions to oslems. 3 would net and ;d some sntures e came 'oughly ity, our honor, our glory, were all alike dear to him. For these he contended on the stump, and in the halls of Congress, with a vehemence, a power and eloquence, at times, almost superhuman. For these he drew his sword in three wars, and for these " alas I he died." In addition to his many other endowments, Colonel Baker was also a poet of no mean pretensions, as will appear from the following lines addressed to the Ocean wave, and given on the authority of one of his Congres- sional eulogists : " It were vain to ask as thou rollest afar, Of banner or mariner, of ship or star ; It were vain to seek in thy stormy face, Some tale of the sorrowful past to trace. Thou art swelling high, thou art flashing free ; How vain are the questions we ask of thee, " I, too, am a wave on a stormy sea ; I, too, am a wanderer driven like thee ; J, too, am seeking a distant land, To be lost and gone ere I reach the strand ; For the land I seek is a waveless shore, And they who once reach it shall wander no more." With very few of our public men can Edward Dick- inson Baker be compared ; for he was an original irenius — a man of his own kind. There is one, however, to whom he bore a very considerable resemblance. We refer to the late Honorable S. S. Prentiss, of Mississippi. Like Prentiss, Baker was the child of poverty, and trained in the rugged school of adversity. Like him, he was the builder of his own fortune — adopted the pro- fession of law, and rose to distinction by virtue of his I a ;^il !i;.i 'V 8' S 124 THE LIFE OP superior gifts as an advocate. Like him, his speeches were "argumentative without formality, brilliant without gaudiness." Like him, he possessed a refined and scholarly taste, a poetic and imaginative soul, which readily appreciated, and could give expression to, all that was beautiful in language, glowing in sentiment, rich in illustration, and grand in imagery. Like him, on important occasions, when called upon to speak, he came glowing up to his theme, and "Where fancy weary grew in other men, His fresh as morning rose." Like him, he ardently thirsted for political honors, which when he had won he but lightly esteemed. Like him, he possessed a warni, enthusiastic and genial temperament, which sought the companionship of kindred spirits, and entered with zest into all the pleas- ures and amusements of social life. Like Prentiss, he was generous to a fault ; yet, in the exuberapce of that generosity, he, perhaps, sometimes forgot to be just. " Every trait of his noble nature was in excess. His very virtues leaned to faults ; and his faults themselves to virtues. The like of him I ne'er shall see again, so compounded was he of all sorts of contradictions, with- out a single element in him to disgust — without one characteristic w^hich did not attract and charm. His public exhibitions were all splendid and glorious. He did anything he attempted magnificently, well ; and yet as I knew him, he could hardly be called a man of business. He was a natural spendthrift, and yet despised debt and dependence. He was heedless of all conse- EDWARD D. BAKER. 125 quences, yet of the soundest judgment in council and discretion in movement. He was almost the only man I ever saw, whom I never heard utter a scandal ; and he had the least charity of any man I ever saw, for all kinds of baseness or meanness. He was continually, without ceasing, quoting classic lore, and not the least of a pedant. He was brave to fool-hardiness, and would not hurt Uncle Toby's fly."* But Baker, the genial companion, the shining advo- cate, the accomplished orator and chivalrous soldier, has gone from among the living I gone forever to the shadowy realms of the spirit land ! *'The sun that illumin'd that planet of clay Had sunk in the west of an unclouded day, And the cold dews of death stood like diamonds of light, Thickly set in the pale dusky forehead of night ; From each gleamed a ray of that fetterless soul Which had bursted its prison, despising control, And careering above, o'er earth's darkness and gloom, Inscribed ' I still live' on the arch of the tomb." Illinois, during the half century of her existence as a State, has produced many eminent men. She can already boast a long catalogue of " dead heroes and statesmen," who severally won imperishable honor at the forum, on the hustings, in the Legislative halls, or by deeds of deathless daring on historic battle fields. The names of an Edwards, a Reynolds, a Henry, a Hardin, a Ford, a Harris, a Bissell, a Douglas, a Lincoln, a McDougall, and last, though not least, a Baker, will live as long as I .i''l .'■HI ,;H,' m r.| •Memoir of S. S. Prentiss, by Henry A. Wise. i::;l 126 THE LIFE OP the lettered page of the State's history, and swell the tide of her glory. Be it then the province of the living, who would achieve like renown, to emulate their bright examples, to imitate their noble deeds, and cherish their great names to an everlasting memory. A.PPENDIX. :* k REMARKS OF HON. O. H. BROWNING, IN THE SENATE OF THE UNITED STATES, ON THE OCCASION OF THE FORMAL ANNOUNCEMENT OF THE DEATH OF SENATOU BAKER. Mr. President : — On taking my seat in the Senate at its special session, in July last, my first active participation in its business was on the occasion of tlie proceedings commemorative of the death of the Hon. Stephen A. Douglas, my immediate predecessor ; and now, sir, at the commencement of this, my second session, it becomes my melancholy duty to bear a part in the ceremonies in honor of another who had been longer a citizen of the State of Illinois, whose memory is not less dear to the hearts of her people, and whose tragical and untimely death has shrouded the State in mourning. Hon. Edward D. Baker was, and had ever been, my personal and political friend, and, from earliest manhood, the relations between us had been of the closest and most confidential character that friendship allows ; and there are but few whose death would have left so large a void in my affections. Something my junior in years, he was my senior in the profession to which we both belonged, and commencing our professional career in the same State, and very near the same time, traveling mucli upon the same circuit, and belonging to the same political party, a friendship grew up which was cemented and strengthened by time, and continued from our first acquaintance amid the collisions of the bar, and the rivalries of politics, without ever having sustained a shock or an inter- ruption, even for a moment ; and I owe it to the memories of the past, and to the relations which subsisted between us whilst he lived, to offer some poor tribute to his worth, now that he is dead. !;H' ■ (ifli I 128 TIIR ril-VE OF Few iiien who have risen to positions of great distinction and useful- ness, and left the impress of their lives upon their country's liistory, have been less indebted to the circumstances of birth and fortune. He inherited neither ancestral wealth nor honors ; but whatever of either lie attained, was the reward of his own energy and talents. He was, verv literallv, the '* architect of his own fortune." Connnenciiij' the practice of law before he had reached the full maturity of man- hood, and in what was then a border State, but among lawyers whose talents and learning shed luster upon the profession to which they belonged, without the patronage of wealth or power, he soon mrue his way to the front rank of the bar, and maintained his position there to the hour of his death. But he did not confine himself exclusively to professional pursuits, and to the care of his own private affairs. He was a man of rare endowments, and of such fitness and aptitude for public employments as were sure to attract public attention. He could not, if he would, have niade his way through life along its quiet, peaceful, and secluded walks ; and it does him no discredit to say, that he would not if he could. He was too fully in sympathy with his kind to be indifferent to any- thing which affected their welfare, and too heroic in character to remain a passive spectator of great and stirring events. He was emi- nently a man of action ; and although fond of literature and science and art, and possessed of a refined and cultivated taste, he yet loved the sterner conflicts of life more than the quiet conquests of the closet ; and whilst a citizen of Illinois, served her both as soldier and civilian, and won distinction wherever he acted. He had elasticity, strength, versatility and fervor of intellect, and a mind full of resources. His talents were both varied and brilliant, and capable of great achievements ; but their uwefulness was, perhaps, somewhat impaired by a peculiarity of physical organization which made him one of the most restless of men, and incapable of the close, steady and persever- ing mental application, without which great results cannot often be attained. It was not fickleiiess or unsteadiness of purpose, but a proud and impatient spurning of restraint, contempt for the beaten EDWARD D. BAKER. 129 meiUMH"; track of mental procos?, and d!?jrust with the dullness and weariness of confuieniont and inaction. JJut this defect ^¥as, to a very great extent, eonipensated by the wonderl'ul ca.y needlessly sacrificing, or even imperiling, the lives of others. Ue was no untried soldier, with a name yet to win. It was already high on the roll of fame, and indissolubly linked with his country's history. Years ago, at home and abroad, he had drawn his sword in Ijis country's cause, and shed his blood in defense of hor rights. Years ago, he had led our soldiers to battle, and by his gallantry shed new lustre on our arms, and historic interest upon Cerro Gordo's heights ; and now he had that fame to guard and protect. He had to defend his already written page of history from blot or scain, as well as to add to it another leaf equally radiant and enduring. But, Mr. President, it would be a poor, inadequate, and unworthy estimate of his character which should explore only a scuish ambition, and aspirations for indi- vidual glory for the sources of liis action. The impelling causes were far higher aii 1 nobler. He was a true, inunovable, incorruptible and unshrinking patviot. Ho as the ''.-.st, firm friend of civil and religious liberty, and believed that they should be the common heritage and blessing of all mankind, and that they could be secured and enjoyed only through the instrmnentality ol organised constitutional government, and suundssion to and obedience of its laws; and the conviction on his mind was deep and profound EDWARD D. BAKER. 131 J marslml 1 trumpet reast that (1 he the erins; liis ountry, to lad served was a man . ; but his of justiee, his bosom 'ov himself hers. -Ue •eady hi<;h r''s liistory. s country's Lgo. lie had itrc on our ad now he iiis already 10 add to I'csident, it 3 character •ns for indl- was a true, as the ''.-.St, they should that tliey lentality ol 1 obedience id profound that if the wicked rebellion, which had been inaugurated, went uiue- buked, and treason triumphed over law, Constitutional government in North America would be utterly annihilated, to be followed by the confusion of anarchy, and the confusions of anarchy to be succeeded by the oppressions and atrocities of despotism. He believed that what- ever the horrors and plagues and desolation of civil war might be, they would still be far less in magnitude and duration than the plagues and calamities which would inevitably follow upon submission and separation. The contest in which we are engaged had been, without cause, or pretext of cause, forced upon us. We had to accept the strife, or so submit to an arrogant assumption of superiority of right as to show ourselves unworthy of the liberties and blessings, which the blood and treasure and wisdom and virtue of illustrious sires had achieved for us; and he believed that the issue of the contest was powerfully and virtually to affect the welfare and happijiess of the American people, if not indeed of all other nations, for centuries yet to be. With these views, both just and patriotic, he recognized it as his duty to give his services to his country whenever, and in whatever capacity, they couid be of most value and importance ; and with as nuicli of self-abnegation as the frailties of humanity would allow, he took his place in the serried ranks of war, and in the strict and discreet discharge of his duty as a soldier, fighting for his country in a holy cause, he fell. And it is, Mr. President, to me, his friend, a source of peculiar gratifi- cation that the History of the disastrous day which terminated his bril- liant career, vhen it shall have been truthfully written, will be his full and sufficiciit vindication from any charge of temerity or recklessness regarding the lives of those uitrusted to his care. He was brave, ardent and impetuous, and " when war's stern strength was ch his soul," he no doubt felt that "one crowded hour of glorious life was worth an age without a name." But his was not the fitful impetuosity of tl^'j whi-lwind, which unfits for self-control or the co!nnuind of others, but the strong, steady, and resistless roll of the stream v.ithin its prescribed limits, and to its sure and certain object ; not the impetuosity which culminates in fantastic rashness, but that which in the presence of danger is exalted to the sublimity of heroism. M 'M ll ii'-'i 182 THE LIFE OF I liiivc su'u'. that 111' \v:is iimbitious, but tlicro was never anihitioii witli loss Ox t'le taint aiu! dross oi" scUisliiiess. He was incapable of a mean and unmanly envy, and was ever quick to perceive and ready to acknowledge tlie merit of a rival, and would stifle his own desires and postjmne his own aggrandizement for the advancement of a friend. Nobly generous, ho could and did make sacrifices of both pecuniary and political advantages to his friendships, which, witli him, were real, sincere and lasting, lie never sought to drag others down from moral or social, professional or political eminence, that he might rise upon the ruin, nor regarded the good fortune of another, in whatever voca- ti(in or department in life, as a wrong done him, or as any impedin)ent t(» his own prosperity, lirave and self-relia'it, but neither rash nor presumptuous, he could avenge or forgive an injury with a grace and promptitude which did equal honor to his boldness of si)irit and kind- ness of heart. Under insult or indignity, he was fierce and detiiuit, and could teach an enemy alike to fear and respoet him, ami, in tlie collisions of life's battle, may fiavo given something of the lv"■^<•^• i of harshness of temper ; but in the domestic circle, amid tne social throng, and urder friendshipV; genial and cnchaut'ug influences, he was as gentle and confiding in his affections as a wcman, and as tender and trustful as a child. Senator Baker was not only a lu'vyer, an orator, a statesman, and a soldier, but ho was also a poet, and at all times, when deeply in earnest, both spoke and acted under high poetic inspiration. At one tinu-, when I traveled upon the same circuit with him, and others who have since been renowned in the history of Illinois, it was no unconunon thing, after the labors of the day in court were ».i.ded, and forensic battles had been lost and won, for the lawyers to forget the asperities whlclt had boon engendered by the conflicts of the bar hi the innocent, if not profita))le, pastime of writing verses f'tv the annisement of eaeli other and their friends ; and I well remember with what greater facility than others, he could dash from his pen effusions sparkling all over with poetic gems ; and if all that he has tlius written could be collected together, it would make no mean addition to the; ^^^-^tie literature of our country. Its beauty, grace and vivacity, would certainly redeem it from oblivion. 'm 7? EDWARD D. BAKER. 133 if. 8 let he (lid not aspire to tlio churiictcr of a poet, hut wrought the poetic vein only for the present anuisoiuent of hlnisolf and intiniato friends, and I am not aware that any of the produt-tionii of wliieh I speak ever iiassed beyond that limited circle. They wvre noti)crpctuated by " the art preservative of all arts." The same thing is true of his forensic efforts, many of wliicii were distinguished by a brilliancy, power and eloquence, and a classic grace and purity that would have done honor to the most renowned barrister, which live now only in the traditions of the country. Stenography, was, at that day, an unknown art in Illinois, and writing out a speech would have been a prodigality of time and labor of which an Illinois lawyer was probably never guilty. To Senators who were his cotemporaries here, and who have heard the melody of his voire, who have witnessed his powerful aiul impas- sioned bursts of eloquence, and felt the witchery of tlie spoil that lie has thrown upon them, it were vain for me to speak of his dis])lays in this Chamber. It is no disparagement to his survivors to say, that he stood the peer of any gentlemen on this floor in all that constitutes the able and skillful debater, and the classical, persuasive and enchanting orator. But his clear and manly voice shall be heard iu these halls no more. Xever again shall these crowded galleries hang breathless on his words ; never again the thronging multitudes who gathered where'er lie spoke be tinilled by the magic of his eloquence. T.;o voice tliat could soothe to delicious repose, or rouse to a tempest of passion, is now hushed forever. The heart once so fiery, brave, lies pulseless in the tond>, and all that is left to his country or his home is4hc memory of of what he was. I will not attempt, Mr. President, to speak poor, cold words of sympathy and consolation to the stricken hearts of Jli^s family. I kn(»w,