Read Ebook: Autobiography of Charles Clinton Nourse Prepared for use of Members of the Family by Nourse Charles Clinton
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Of course, I kept the appointment, was duly examined, amongst some nineteen others, and was told that the chosen executioner would be communicated with.
My action in applying for the post was not at all in accordance with the wishes of my relatives, who did everything they possibly could to prevent my obtaining it. Some of my friends and neighbours wrote, either through solicitors or personally, to the sheriffs. Certain members of my own family petitioned the Home Secretary to dismiss the application, on the ground that if the appointment was given to me, a hitherto respectable family would be disgraced. I believe that it was mainly in consequence of these representations that I was passed over, and the post given to Mr. Bartholomew Binns. Upon myself the opposition had an effect that was not intended. It made me devote considerable thought and care to the details of the work of an executioner, and made me determine that if ever the opportunity again offered I should do my best to secure the work. During the four months that Mr. Binns held the appointment I had consultations with some eminent medical men, and when, much earlier than I expected, a new executioner was wanted, I was very well grounded in the theory of the subject. It was in March, 1884, that the magistrates of the city of Edinburgh wanted a man to execute Vickers and Innes, two poachers. The Sheriffs of London and Middlesex gave me a recommendation, and I addressed the following letter to the Magistrates of Edinburgh:--
To the Magistrates of the City of Edinburgh.
Dear Sirs,
I beg most respectfully to apply to you, to ask if you will permit me to conduct the execution of the two Convicts now lying under sentence of death at Edinburgh. I was very intimate with the late Mr. Marwood, and he made me thoroughly acquainted with his system of carrying out his work, and also the information which he learnt from the Doctors of different Prisons which he had to visit to carry out the last sentence of the law. I have now one rope of his which I bought from him at Horncastle, and have had two made from it. I have also two Pinioning straps made from his, also two leg straps. I have seen Mr. Calcraft execute three convicts at Manchester 13 years ago, and should you think fit to give me the appointment I would endeavour to merit your patronage. I have served 8 years in Bradford & West Riding Police Force, and resigned without a stain on my character, and could satisfy you as to my abilities and fitness for the appointment. You can apply to Mr. Jas. Withers, Chief Constable, Bradford, also to the High Sheriff for the City of London, Mr. Clarence Smith, Mansion House Buildings, 4, Queen Victoria Street, London, E.C., who will testify as to my character and fitness to carry out the Law. Should you require me I could be at your command at 24 hours' notice. Hoping these few lines will meet with your approval. I remain, Sirs,
Your Most Obedient Servant, JAMES BERRY.
To The Chief Magistrates, Borough of Edinburgh, Scotland.
P.S. An answer would greatly oblige as I should take it as a favour.
A brief correspondence followed, and on March 21st I received the following letter from the Magistrates' Clerk:
Sir,
With reference to your letters of the 13th and 15th instant, I am now directed by the Magistrates to inform you that they accept the offer you have made of your services to act as Executioner here on Monday, the 31st March current, on condition that you bring your Assistant with you, and that you and your Assistant arrive in Edinburgh on the morning of Friday the 28th instant, and reside within the Prison till after the Executions are over.
The Magistrates agree to your terms of ten guineas for each person executed and 20s. for each person executed to your Assistant, with second-class railway fares for both of you, you finding all necessary requisites for the Executions.
I am, Sir, Your obedient servant, A CAMPBELL, Deputy City Clerk.
Mr. James Berry, 52, Thorpe Street, Shearbridge, Bradford, Yorks.
P.S. Please acknowledge receipt of this letter immediately.--A. C.
Of course, my reply was to the effect that I accepted the engagement, and although I felt many misgivings between that time and the day appointed for the execution, the work was carried through satisfactorily.
My First Execution.
On the 21st March, 1884, I received a letter from the Magistrates' Clerk, City Chambers, Edinburgh, appointing me to act as Executioner on 31st March, 1884, at Calton Gaol; and that I was to provide all necessary appliances for carrying out the same. I undertook the duties; and on Thursday, March 27th, 1884, I departed from my home, Bradford, and made my way to the Midland Station, and booked 3rd class for Edinburgh, to carry out the execution of the Gorebridge murderers. I arrived at Waverley Station 4-20 p.m., and I hired a cab to drive me to the gaol. On arrival at the prison I was met at the doors by a good-looking warder, dressed in ordinary prison garb, and very courteous; and on entering the large portal gate, was asked my name, and after entering it down in the prison book, time, etc., he pulled a string, which rang the Governor's bell, and in a few moments I was confronted with the Governor, a very nice gentleman, of military appearance, and very good looking. After passing the usual conversation of the day, and the weather, and what kind of journey I had up from Bradford, he said after such a long journey I should require a good, substantial tea; and as soon as I had washed, and combed my hair, the tea was there, everything that could be desired. I sat down, and quite enjoyed my first Scotch meal in Bonnie Scotland....
... I returned to my room, and stayed in during the daytime. I spent the Thursday night smoking and reading. At 10-0 o'clock p.m. I was escorted to my bedroom, a round house at the back part of the gaol, about 40 yards from the back entrance, a snug little place, and was informed that the last man who slept inside that room was Wm. Marwood, five years previous to my visit. He was then there for the same purpose as myself, but the culprit in his case was a poisoner. The chief warder, whom I spoke to, seemed to touch upon the subject with great reluctance, and said that he felt quite upset concerning the two culprits, and that he hoped they would get a reprieve. I could see in his countenance a deep expression of grief, which was making him look no better for his occupation.... I sat me down on my bed after he had gone, locked my door, and could hear the trains depart from the station under the prison wall. I looked out of my window at the mail taking its departure for the South.... I then knelt down and asked the Almighty to help me in my most painful task, which I had undertaken to carry out.... ... At 8-0 a.m. on the morning of the 28th, Friday, my breakfast was brought into my room, consisting of toast, ham and eggs, and coffee.... At 10-0 a.m. on Friday morning, 28th March, 1884, I was introduced to the Magistrates and those responsible to see the execution carried out. I exposed my ropes and straps for their inspection, and, after a long and careful investigation of all points, they retired, quite satisfied with their visit. After that we paid another visit to the scaffold; the builders, not having finished the contract, were making a final touch to the new-erected shed to keep the execution private, and so that nobody outside could see. After testing it with bags of cement, same weight as the prisoners, and calculating the length of drop and its consequences, and other details, the committee departed. After, I filled my time walking about the prison grounds, and thinking of the poor men who were nearing their end, full of life, and knowing the fatal hour, which made me quite ill to think about. My meals did not seem to do me good, my appetite began to fall off, nothing felt good to me, everything that I put into my mouth felt like sand, and I felt as I wished I had never undertaken such an awful calling. I regretted for a while, and then I thought the public would only think I had not the pluck, and I would not allow my feelings to overthrow me, so I never gave way to such thoughts again. At 1-0 p.m. my dinner had arrived. I went up to my room, and sat down to pudding, beef, and vegetables, Scotch broth, and Cochrane & Cantrell's ginger ale. At that time I was a total abstainer; and I think it is the safest side, since what I have seen brought on by its sad consequences of taking too much alcoholic liquor.... After tea, I had a chat with the warders coming off duty for the day. As they passed through the wicket gate, one remarked, "He looks a nice fellow for a job like that;" another says, "But he has a wicked eye," and he would be sure I could do it.... I was left smoking in the lodge with the gate-keeper and one who stayed behind to see what he could hear me say; but I looked him over, and could see by the look of his face that I was not to say much in his presence, as he was built that way.... I was left alone with the gate-keeper, and he looked like a straight, honest man, and he was like myself. He said, "I am glad you never began to say anything in the presence of that man, as he would stop until morning."... Saturday morning, 29th.... After breakfast, had another interview with the Magistrates, and made the final arrangements. I tested the scaffold in their presence, with the ropes I was going to use on the Monday morning, with bags of cement, each bag being placed in the same places as was marked for the criminals; Vickers, weighing 10 stones and over, 8 feet ; and Innes, 9 stones, 10 feet. One bag represented one, and the other bag the other. I tested the ropes by letting off the traps, and down went the bags, and I got my calculations from that point, after seeing the ropes tested with the weight of cement. They all looked quite satisfied with the results. The rope was of Italian silk hempcounty, and there left me. The hack that should have taken me from there to Keosauqua had already gone before our arrival. I could not stay here all night because I had no money to pay any bill, so I left my one trunk in charge of the postoffice to be sent to Keosauqua the next day on the hack, and I started to walk, then about ten miles, to reach Keosauqua. I had not walked far before I found that I had sprained my ankle slightly in jumping from the coach that morning. The walking became very painful, but I managed to reach Keosauqua about sundown that evening. The first building that looked like a hotel or public house was a frame building that stood southeast of the court house. The high waters of the Des Moines river had flooded the lower part of the town, and I found this house was a boarding house, at that time full of guests. I inquired for the lady of the house and took my seat on a bench on the porch near the front door. Presently the lady of the house appeared, and looking at me very inquiringly wanted to know who I was, where I was from, what was my business, and where I was going. I was a sorry looking subject, having waded through the mud for ten miles, and I presume I looked as I felt--very tired. I gave her my real name, told her I had no business, that I did not know where I was going, and that I had come from Keokuk that day. She told me her house was full and she did not believe she could accommodate me with a night's lodging. I then asked her very politely for permission to remain upon the porch until I was sufficiently rested so I could go further down town and obtain lodging, but I asked her about the town, its population, and about the high waters. The lady turned out to be Mrs. Obed Stannard, the mother of Ed Stannard, afterwards Lieutenant Governor of Missouri, and a very successful business man of St. Louis. She was a good talker, and after conversing with her about twenty minutes I got up to leave, thanking her very cordially for her kindness in permitting me to rest on the porch. She relented and told me she thought if I would stay that she could find accommodations for me. I told her no, that I could not put a lady to any inconvenience when it was unnecessary and I must go, so I left and went down to the front street in the town to the Keosauqua House, kept then by "Father Shepherd," as we always called him, with whom I boarded until after I was married in 1853.
Keosauqua, at that time, as indeed it has been ever since, was a small town of about 1,500 inhabitants, the county seat of Van Buren county, located on the Des Moines river. It possessed one of the best bars of the state, and among its inhabitants were men who afterwards became distinguished in the history of the state. The men more actively engaged in practice were George G. Wright, for many years afterwards a judge of the supreme court of the state, Joseph C. Knapp, judge of the district court of that district and afterwards United States District Attorney, and Augustus Hall, afterwards a member of congress from that district and appointed by Mr. Buchanan United States District Judge in Nebraska. The courts of this county were also visited by J. C. Hall, afterwards one of the judges of the supreme court. The pastor of the Methodist church at that time was Henry Clay Dean, who afterwards became chaplain of the United States Senate, and a notorious political orator. One of his converts was Delizon Smith, who had been an infidel lecturer and prominent politician in the state, and was afterwards elected for a short term to the United States Senate from the state of Oregon. The next year after I settled in Keosauqua, Henry Clay Caldwell, then a student in the law office of Judge Wright, was admitted to the bar, and after the Civil War was appointed United States District Judge and afterwards United States Circuit Judge, being located during his official career as judge at Little Rock, Arkansas, now retired by reason of age and continued service, and residing at Los Angeles, California.
The state of Iowa at that time in its politics was democratic, and the democratic party numbered a majority of about two hundred in Van Buren county. Delizon Smith, however, had failed to obtain a nomination by his party for the office of Governor, and had organized what was called "The Young Democracy of Van Buren County," numbering about two hundred voters. This left the party badly demoralized in the county, and in August, 1852, I had so far succeeded in making the acquaintance of the people of the county that I was elected on an independent ticket to the office of county attorney, which then paid a salary of about three hundred dollars a year.
After I had boarded with Father Shepherd for a few weeks I received from my brother Joseph a small remittance. I sent for my books that I had left at Burlington and took Father Shepherd, the landlord, into my confidence, told him my situation financially, and paid my bill up to that date. Father Shepherd at that time was himself a justice of the peace, and his hotel was the stopping place of most of the people who acted as guardians and administrators, and who attended once a month sessions of the county court that then had jurisdiction in probate matters. I told Father Shepherd of my desire to make the acquaintance of these officials as they visited his hotel from time to time, and that his pay for my board depended largely upon my success in business, and I asked him to be my friend, and at least let people know why I was there and what my proposed business was. He became my fast friend and helped me to make very many valuable acquaintances. Father Shepherd was the father-in-law of Delizon Smith, and a leader of the faction known as the "Young Democrats" of that county.
Early in the spring of 1853 I received a letter from my then intended wife, suggesting that my success in business she thought gave sufficient promise for the future, and that it was not necessary for us to wait longer. Accordingly I got together one hundred dollars in money, made a trip around the river to Louisville, Kentucky, and thence via rail to Lexington for the purpose of realizing something of the deferred hope. We were married on the 15th of April of that year, my father in the meantime having removed from Millersburg to Winchester, Kentucky. I made him a visit in company with my bride and had the pleasure of meeting there my sister Susan and her husband, William Vimont, your mother's father and mother. Before going to Kentucky and claiming my bride I purchased from the Reverend Daniel Lane a house and two lots in Keosauqua at the price of three hundred and fifty dollars, and borrowed fifty dollars from Thomas Devon to make the first payment. I had also attended several auction sales and bought some chairs and tables, a cook stove and a few dishes. My wife's mother had packed a feather bed, some pillows and bed clothes, and quilts of the old style in a store box, and we returned to Iowa the latter part of April, 1853. The expense of my trip and marriage left me only two dollars of the one hundred dollars I had when I started for my bride. We arrived in Keosauqua on Sunday in a slight April shower. On Monday we proceeded to the house I had purchased, which was in need of repair. We whitewashed the walls and my wife washed the windows. The next day we made a bill of about forty dollars at the store for additional house-keeping facilities. I bought a sack of flour and a ham of meat, and on Tuesday evening we took tea at home. It was the first home I had had since we left Maryland, and when we sat down at our own table to drink our cup of tea and eat the new made biscuit baked by my own wife, I could not repress the tears that came to my eyes, and I thanked God for the mercy that he had bestowed upon us.
In the fall of 1853 I made a trip west through the southern tier of counties, attending the courts at Davis, Appanoose, Wayne, and Decatur counties. I made the trip on horseback with a pair of saddle-bags that contained my necessary baggage.
From Bloomfield I was accompanied by several attorneys of that bar, and at Centerville two or three additional lawyers joined our party. The counties west of Centerville were very sparsely settled and the road consisted merely of two paths worn by the horses and wagon wheels on the prairie grass. In Wayne county we applied at one settler's house for accommodations for the night, but the housewife informed us that her husband was away from home, had gone to mill, and that she had nothing in the house to eat save a little bacon. She said if we would remain she would entertain us with such accommodations as the place afforded. The corn was hardly yet ripe enough to feed our horses, but she told us if we would select the ripest and use some salt in feeding we were welcome to do so. We also, at her request, plucked some of the softer ears of the corn, and these she grated upon a large tin grater, and frying some of the bacon in her skillet she made cakes of the grated corn and fried them in the fat. She also gave us a cup of good coffee, and with the appetites we had acquired in our day's travel we made a very hearty and palatable meal.
When bedtime came she made some kind of a bed upon the floor. The next morning we had a breakfast of the same corn and bacon and coffee. The lady made a very reasonable charge for our entertainment, and she had no reason to doubt the sincerity of our compliments upon our fare, as the avidity with which we had eaten what she had supplied gave full evidence that we had appreciated our entertainment. The next morning we rode into Corydon, the county seat of Wayne county. The only hotel in the place was a small one and one-half story frame house, with a shed addition for kitchen and dining hall.
Our bed room was the upstairs, and our beds were in two rows, with our heads under the eaves and our feet touching each other in the center of the room. We had no separate apartment or separate beds, our wearing apparel furnishing the pillows.
The court was held in a frame school house on the public square. The boundaries of the public square were ascertained by a lot of wooden stakes or pegs. There was no general store in the place for the sale of goods. An enterprising peddler with two large peddling wagons came through with us from Centerville and erected a large tent in the center of the square for the display and sale of his goods, and whenever the court was not in actual session his store was opened for business.
Judge Townsend, of Monroe county, was the judge of the court.
From Wayne county we went to Decatur, the peddler also keeping us company with his itinerant dry goods establishment. During this trip I made the acquaintance of very many young men who afterwards became distinguished as lawyers, legislators, and judges. The only lawsuit in which I was consulted was a slander case tried in Wayne county. The suit was brought in behalf of a young woman for damages because of words spoken against her reputation by the defendant. Amos Harris, a lawyer from Centerville, was engaged as attorney for the defendant. When the case was about to be called for trial Harris expressed his wish to have my advice in regard to the course to be pursued, and at his request I retired with him to the shady side of the school house for consultation. He told me that his client was a man of some property and that the plaintiff had some witnesses who would testify clearly and positively to the slanderous words spoken by the defendant of and concerning the young lady. He said his client really had not injured the reputation of the young woman at all because nobody believed any thing that he said as he had a very bad reputation for veracity. He said they could make no defense whatever, as the girl's character was good, and he was afraid of a large verdict for damages against his client, and asked me if I could think of any way that he could help his client out of the difficulty. I asked him if he could prove that nobody believed what his client said on account of his bad character. He said yes, there were plenty of persons that would testify to that, but he could not see how that was any defense. I told him it was no defense against the slander, but it might be proved with advantage in mitigation of damages, provided his client would be willing that he should undertake to do so. He called his client out and explained to him the situation as I had advised, and asked him if he was willing to save his money at the expense of his reputation. The fellow winced, but finally consented that Harris might make the proof. I suggested that as the plaintiff's witnesses were all friendly to the young lady Harris might on cross-examination prove by them that they did not at the time or ever believe the slander that the defendant had uttered against the plaintiff, and that they had never repeated it to anyone except accompanied by their statement of their belief that it was all false, and Harris introduced several other witnesses to prove the bad reputation of his client for truth and veracity. The plaintiff's attorneys objected and the court first hesitated to allow the witnesses to so testify, but upon the suggestion that it was the best thing for the plaintiff's reputation, and that as nearly the whole population of the county was there upon attendance of the court, it was better to clear up her reputation by this testimony than to give her money to heal her wounded feelings, the court finally took this view of the case and permitted the evidence to go to the jury in mitigation of damages. The jury found a verdict in favor of the plaintiff against the defendant for the sum of only twenty dollars. The young woman went home with her character thoroughly vindicated and her reputation restored, and the only one unhappy over the result of the trial appeared to be the attorney for the plaintiff, who was undoubtedly expecting a handsome recovery as the only means of compensating him for his professional work.
From Decatur county I returned home, having learned much of the country and its people, and having made many interesting acquaintances among the members of the bar.
And now I must tell you something of my political career, which properly begins at about this date. I had been made chairman of the county committee of the fast dissolving organization known as the whig party. In the fall of 1854 I was a candidate for re-election as county attorney. We had nominated a county ticket of two candidates for the state senate and four representatives, what we then called the anti-Nebraska whigs. James W. Grimes was the candidate for Governor of the state. The democratic party had passed what was called the "Kansas-Nebraska Bill," containing a clause repealing the Missouri Compromise measure, adopted in 1820, that prohibited slavery and involuntary servitude north of thirty-six degrees and thirty minutes of north latitude in the territories of the United States, acquired by the Louisiana Purchase. This had resulted in the partial disorganization of the democratic party throughout many of the northern states. I had left Kentucky because of my opposition to slavery, and especially to what I regarded as the baleful influence of that institution upon the white population. I had settled in Iowa because it was a free state and because I felt that the opportunities for success in life would be greater than in a slave state. I had observed whilst in Kentucky that fixed conditions of political, social, and business life made the success of the young man, depending only on his own energies and abilities, always doubtful and difficult.
Upon my defeat as prosecuting attorney in 1854, at the suggestion of the members elected to the legislature from Van Buren county I went to Iowa City in their company at the beginning of the session, and through their influence I was elected clerk of the house of representatives of the state of Iowa. I found this position of great advantage and help, not only pecuniarily, but I made the acquaintance of public men of all parties during the session. Afterwards in 1856-7 I was elected secretary of the senate of the state.
In 1854, at the dissolution of the old whig party there existed a political organization in many of the states of the Union called "The Know-Nothings." It was a secret political organization, having for its principal doctrines opposition to the Roman Catholics and to the foreign-born citizens of the United States. I refused to affiliate with this "Know-Nothing" organization for the reason that I did not believe in secret political societies or organizations in this country, and I did not believe in making the religious faith or affiliations of any man a test for office, neither did I believe that anyone should be excluded from the confidence and respect of his fellow men because of the place of his birth. As county chairman of the expiring whig party I issued to the people of Van Buren county a circular stating my position and declining to call any convention to co?perate with the "Know-Nothing" organization. I did this for the further reason that the opposition to the extension of slavery into the territories was becoming every day more and more pronounced in the northern states of the Union, and the nucleus of what was afterwards the republican party had already been formed in many of the northern states.
It may be interesting to you to have the history of how Henry Clay Dean became a democrat, and how a little thing may change the destiny and fortune of a man in this life. In the fall of 1854 the Methodist annual conference for Iowa met at the city of Dubuque. It was the custom at that early day for the members of the conference to become guests of the citizens of the locality where the conference had its meetings. Dean was then a member of the conference, and had been receiving and filling regular appointments as a pastor. At Dubuque resided Honorable George W. Jones, then a democratic United States Senator from Iowa. Jones maintained a good table and was a good liver, and his wife an excellent, hospitable lady. In assigning the members of the conference to the different citizens, Dean was assigned as the guest of Senator Jones and his wife. After the conference had been in session a few days, the "Know-Nothings" having been secretly organized in the city of Dubuque became very active in obtaining the names of the Methodist ministers attending the conference, and in initiating them into their order. Among other names presented and favorably acted upon was that of Henry Clay Dean, my former pastor and friend. After he had been elected and the time appointed for his initiation a few nights hence, one of the over zealous ministers represented to Brother Dean that as he had now been elected a member of the "Know-Nothing" organization it was not proper for him to continue to be the guest of and accept of the hospitality of the wife of George W. Jones, who was a Roman Catholic. Dean was an enormous eater, and the suggestion that he should give up his nice boarding place greatly offended him, and he denounced the suggestion as bigotry and presumption inexcusable. He at once went to Senator Jones and told him of the proposition that had been made to him and the cause of it, and denounced the "Know-Nothing" organization in most uncompromising terms. The Senator was pleased with Brother Dean's zeal in the matter, and induced him on the succeeding Sabbath to preach a sermon on "Know-Nothingism" and to denounce it from the pulpit. Dean was a man of more than ordinary ability, with a wonderful command of language. Upon the adjournment of the conference Senator Jones wrote to Judge Knapp at Keosauqua stating the situation and suggesting that Dean be employed in the political canvass against the "Know-Nothings" that fall, and be encouraged in his opposition to that order. Dean returned to Keosauqua, and I had a long conference with him upon this matter. I knew that he had been engaged several years before that in collecting the most learned and effective arguments in favor of protective tariff as delivered in congress from time to time, especially from whig members from the state of Pennsylvania. I also knew that he had preached some of the bitterest sermons against human slavery that I had ever heard from the pulpit or from any source, and I urged upon him that he could not consistently co?perate with the democratic party because of his views in regard to the tariff and because of his opposition to slavery. I pointed out to him that the organization of the republican party was then proceeding in most of the states and that his feelings, sentiments, and views would be better expressed by the position of that organization; that the "Know-Nothing" party was a mere temporary passion and would effervesce and disappear in a short time, and that his efforts in opposition to them would be wholly unnecessary and gratuitous. But he was too wroth and anxious for his revenge against those who suggested that he decline the hospitality and good dinners of Senator Jones. He accordingly entered the canvass, and that fall there being the election in Virginia in which Henry A. Wise was a democratic candidate for Governor and was opposed by the "Know-Nothings," Dean with letters of recommendation from Jones and Senator Dodge and other leading democrats of Iowa went to Virginia and entered the political canvass in favor of Wise and in opposition to the "Know-Nothings." Wise was elected, and Dean then went to Washington City. With the influence of Dodge and Jones and the Virginia delegation he was elected chaplain of the United States senate, and thereafter, and especially during the Civil War, he made himself notorious as a democratic orator.
Without observing the exact chronology of events, it would be well here to recite certain facts and incidents that had a material influence upon my mind, and determined my action in regard to the question of human slavery. While residing in Kentucky and boarding in the family of my friend, Abraham S. Drake, I had frequent conversations with him in regard to the subject. He was at that time decidedly opposed to the institution, regarding it as morally wrong and detrimental in its effect upon the white as well as the slave population of the state.
Slavery at that time existed in Kentucky in its most modified and humane condition, but the system itself and the law gave to the slave owner a power over the slave that was too frequently abused. One instance I recall that made a powerful impression upon my mind. On a beautiful Sabbath morning in the early part of the summer I was taken sick, while in attendance upon religious services at the Methodist Episcopal church, and was compelled to leave the church and go home, soon after the singing of the opening hymn. On the way to my boarding house I passed near what was known as the "Watch-house" or headquarters of the police, and was shocked to hear the cries of a negro woman who was maid to some wealthy mistress, who had become offended at her that morning, and had sent for the police and given orders that her servant be taken to the police quarters and given a certain number of lashes, administered in expiation of her offense.
The contrast between the quiet worshipers at the church and their seeming devotion, and the horrible cries that filled the air from the unfortunate negro slave woman was a comment upon the injustice and brutality of the institution, that made an impression upon my mind that has never been erased.
In 1853 when I went to Kentucky for the purpose of being married I was the guest of my friend Drake for several days. While sitting upon the veranda one evening one of his children was playing upon the lawn in front of the house, with a little negro tot two or three years of age. He called my attention to the colored child, stating that that was his "carriage driver" and that he was a child of one of the negro women that his wife had inherited a few years before, and he remarked that the child was worth then 0. I reminded him of our former conversation and discussion in regard to slavery and expressed my surprise that he would have any pleasure in calculating the money value of this child. He informed me that his views on the subject of slavery had undergone quite a change, and upon investigating the subject he was satisfied that the Bible fully justified the institution of slavery, and he thought it was right morally as well as legally to own and enjoy the possession of such property. I said but little in response to these arguments, but could not but reflect and be convinced that it was pecuniary investment that had its baleful influence upon the conscience of my friend and perverted his moral sense, and this was only to me an additional reason for hating the institution.
When returning from Kentucky with my bride we stayed over a day at Louisville, as my wife desired to visit some old friends and former neighbors who had resided near them in Lexington. We accordingly made a call upon her friends, and while sitting in the parlor conversing about old times a colored woman about the age of my wife came into the room, and greeting us begged to inquire of my wife in regard to her husband, it appearing from her story the family had moved from Lexington to Louisville about two years before, and that the woman had been separated from her husband, who still resided in Lexington and was the property of another party. In the meantime the slave woman had given birth to a child, and amid her tears told how she longed to see her husband and have him see her young babe. The interview was cut short when the slave woman was remanded to the kitchen, and the cheerful recall of pleasant reminiscences became rather sad. The family insisted upon my wife and myself remaining to dinner and pressed upon us with great earnestness their hospitality. My wife was disposed to accept of the invitation, but having only been married the week before, I was not prepared to accept of the hospitality of people who separated a husband and wife thus ruthlessly, and I retired with thanks, and we took our dinner at the hotel.
During the winter of 1857, whilst I was secretary of the state senate, I enjoyed the pleasure of hearing Wendell Phillips deliver his lecture upon the "Lost Arts." At the close of his lecture Hon. J. B. Grinnell, then a member of the state senate from Poweshiek county, rose in the audience and requested Mr. Phillips to give us his views upon the subject of slavery, and especially called his attention to the fact that Mr. Phillips had been represented by the public press as favoring a dissolution of the American Union. Mr. Phillips courteously complied with the request, and proceeded to say that when the constitution of the United States was formed it contained within its provisions, as he believed, the germ of human liberty. That the declaration of American independence had declared that all men were entitled to the inalienable rights of life, liberty, and the pursuit of happiness. He said that he was in favor of the development of this germ to its fullest extent; that the constitution of the United States might be compared to a box in which was planted an acorn; the acorn would grow in the very nature of things and become an oak, but whether or not the box in which the acorn was planted was sufficient to contain the development and growing germ, he could not say. He was not concerned in regard to the safety of the box, but he was anxious that the germ should develop and that the tree should grow. That whether or not the constitution of the United States could survive the development and growth of this germ of human liberty that had been planted therein, he could not say, and upon that question he did not feel any very great anxiety; all he had to say in regard to the matter was that he was in favor of the growth of the germ, and he believed that the acorn would grow and ought to grow.
Wendell Phillips was one of the most eloquent and graceful public speakers it was ever my privilege to listen to. I had expected from his reputation as a reformer and abolitionist to hear a man with loud voice and vehement gesticulation, but instead he proved to be mild, quiet, self-possessed, delivering his utterances in the clearest, mildest, and most persuasive tones, commanding the respect of his audience and almost fascinating them with his words.
The general assembly of 1854-5 elected George G. Wright, then of Van Buren county, Norman W. Isbell, and Wm. G. Woodard, judges of the supreme court of the state to fill the vacancies caused by the expirations of the terms of Judges Williams, Kinney and Greene. At this session also occurred the first election of James Harlan as United States Senator. Mr. Harlan was not permitted to take his seat under this election, for the reason that at the adjourned joint session at which he was elected the senate as an organized body with their president, Maturin L. Fisher, had not participated in the election, but had previously adjourned the session of the state senate. Mr. Harlan was again elected in the session of 1856-7, and his right was recognized by the senate.
In the summer of the year 1856 a republican convention was called for the state to be held at Iowa City, for the organization of that party, in sympathy with other state organizations of like name and principles. As the sole surviving official of the old whig party of Van Buren county, I called a county convention to meet at Keosauqua for the purpose of appointing delegates to the state convention to be held at Iowa City. I wrote a letter to my friend, H. C. Caldwell, asking him to write a letter to Judge Wright and urge upon him the propriety, as he could not be present at this county convention, of writing a letter endorsing and encouraging the movement. Judge Wright declined to write any such letter, and simply wrote to Mr. Caldwell that he hoped we were doing right in calling the county convention.
I was present at the county convention and started the movement with such enthusiasm as we were able to awaken. Delegates were duly appointed, but the attendance at Iowa City required of them an overland trip of some seventy-five miles.
I then owned what was called a "democrat wagon," having two seats, and a small gray mare and mustang pony. With this team and wagon, when the time came, I furnished the transportation for the delegation, and Van Buren county was represented in the state convention by Abner H. McCrary, our state senator from Van Buren county, Dr. William Craig, George C. Duffield, and myself. I had the honor also to be appointed one of the secretaries of this state convention. This was the first republican state convention held in the state, and was the beginning of the political organization that has ever since, with the exception of a period of four years, controlled the legislation and policy of the state of Iowa.
The first national republican convention met at Philadelphia in the fall of 1856 and nominated General John C. Fremont as its candidate for President. I took an active part in the campaign in Iowa that ensued. At the request of the central committee of the state I spent several weeks in canvassing Davis county. Many of the settlers in the southern tier of townships, both in Van Buren and Davis counties, instead of finding themselves in a slave state, in the state of Missouri, were really citizens of the free state of Iowa. It was much easier to ascertain the true southern boundary of our state than it was to remove the prejudices of the benighted citizens who had by mistake settled in Iowa, so when I went into Davis county in 1856 to make republican speeches opposed to the existence and extension of slavery in our free territory, I met with small encouragement. We were courteously called "black republicans," and frequently designated as "damn black republicans." At one point where I had an appointment to make a political speech I found an audience assembled that had armed themselves with rotten eggs, with the intention of driving me out of their locality. It so happened that the year before most of these men had been indicted for libel in accusing their school-master of burning down a school house in the township, notifying him publicly to leave the county or suffer mob violence. A civil suit was also instituted against them for damages. I had been employed by them and succeeded in getting them off with the reasonable sum of eight hundred dollars, for which they were truly grateful, and when they found that I was to be the "black republican" orator advertised for the occasion, they generously assured me that if it had been anybody else they would not have permitted him to speak, but as I had stood by them in their trouble I might go on and say just what I pleased. They were a warm-hearted, hot-headed, impulsive set of men. Just how many converts I made during the two weeks that I was engaged in speaking in Davis county I cannot say. We had no republican organization in the county, and the leading men who took any active part in politics in opposition to the democratic party were running Bell and Everett as their candidates. Davis county, at the ensuing election, gave Fremont electors only two hundred and fifty votes, and the vote in the state of Iowa stood as follows: Fremont, 43,954; Buchanan, 36,170; Fillmore, 9,180.
REMOVED TO DES MOINES
The practice of law in Van Buren county did not prove very remunerative. The district court met only twice a year. The business of the term sometimes occupied only two or three days, seldom beyond one week, and never beyond two weeks.
During the time I had continued to reside in Van Buren county one of the most important cases in which I was retained was a contest over the legality of a will in which the deceased had made a bequest of a small tract of land to the Methodist Episcopal church, organized out on what was called "Utica Prairie." The will provided that the land should be sold by the trustees of the church and a fund created out of which should be paid so much a year to the missionary cause and so much to the support of the minister. The remainder should be expended by the trustees in erecting a house of worship. The trustees of the church had not been incorporated, and the heirs sought to set aside the will on the ground that there was no legal capacity in the trustees to receive the bequest, and on the further ground of the uncertainty of the beneficiaries under the will. I was retained in the case in behalf of the trustees, and had them immediately adopt articles of incorporation and file the same as provided by the statutes of the state. I filed an answer in the case, setting forth with particularity the character of the Methodist Episcopal church's organization, with proper averments as to the certainty of the continued existence of the beneficiaries under the will. The case was tried upon demurrer to this answer, and upon appeal to the supreme court of Iowa the will was sustained. The opinion of the court is fully reported in the case of Johnson et al. vs. Mayne et al., Trustees, 4th Iowa, 180.
I charged and received from the trustees the sum of 0 for my services in the case, being the largest amount that I received in my practice from any one case during the seven years I remained in Keosauqua.
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