Reminiscences of Sixty Years in Public Affairs/Chapter 12

by George Sewall Boutwell

 

XII

THE LEGISLATURE OF 1847

AT the meeting of the Legislature of 1847, some new members appeared. Caleb Cushing came from Newburyport, and Fletcher Webster, and J. Lothrop Motley from Boston. The Democrats of Boston and vicinity were then engaged in raising and equipping a regiment for Mexico. Cushing was Colonel of the regiment and Edward Webster, a brother of Fletcher, was the Captain of one of the companies. On the first day of the session Cushing introduced an order to appropriate twenty thousand dollars to aid in equipping the regiment for service. The order was referred to a special committee of which Cushing was made chairman. I was put upon the committee and the majority were friends of the measure.

Upon the report a discussion sprang up which was partisan with a few exceptions. Conspicuous among the exceptions was Fletcher Webster. Webster supported the appropriation in a speech of signal ability. His drawback was the disposition to compare him with his father. Fletcher was aware of this, and I recollect his remarks upon the subject at an accidental meeting on Warren Bridge. Fletcher was rather undersize, and he spoke of that fact as a hindrance to success in life, in addition to the disposition to compare him with his father. In his speech he made a remark not unlike the style of his father. Addressing himself to his Whig friends he said that they would be required to explain their opposition to the measure, and added, “and explanations are always disagreeable.” My acquaintance with Fletcher Webster, was the introduction to a limited acquaintance with his father, and it led to an act on the part of Mr. Webster which was of signal importance to me.

Mr. Cushing remained in the House until the loss of the appropriation, when he left for Washington. President Polk gave him a commission as a Brigadier-General, and he left for Mexico.

Motley was chairman of the Committee on Education, and as Chairman he reported a bill to divide a portion of the proceeds of the Maine lands, among the three colleges of the State. Theretofore they had been added to the Common School Fund. As a member of the committee, I opposed the measure, and the bill was lost. The subject is mentioned in Holmes’ Life of Motley, and a letter of mine is printed therein. I had no idea at the time that Motley had any feeling on account of his defeat, but Mr. Hooper informed me that it led him to abandon politics. If so I may have been the unconscious cause of a success in literature which he might not have attained in public, political life.

At this session I inaugurated a movement for the reorganization of Harvard College. The contest was continued in 1848, ’49 and ’50. In 1851 I was elected Governor and the Legislature, under the lead of Caleb Cushing, passed a bill by which the overseers of the College were made elective by the Legislature. It was a compromise measure, and its immediate results were not favorable to the College. The lobby became influential in the selection of overseers and unemployed clergymen of various denominations were active in lobbying for themselves. After a few years’ experience the election of overseers was transferred to the Alumni, with whom the power still remains. The bill which I introduced, the reports and arguments which I submitted to the House, aimed at the reorganization of the corporation and the election of the corporators by the Legislature.

In the years 1849 and 1850 the town of Concord was represented by the Hon. Samuel Hoar, and he led in the defence of the College. He was no ordinary antagonist. First and last I have been brought into competition with many men of ability, and I have not often met a more able reasoner. He spoke without notes, his only aid being his pocket knife which he held in his right hand and dropped by regular processes into his left hand, where he changed the ends of the knife and then resumed the automatic process.

My own argument I have not read for many years, but it is not unlikely that it contains as much ingenuity as can be found in any argument that I have ever made. The movement attracted a good deal of interest in the State. The College was in control of the Unitarians exclusively, and it was far from prosperous. The final change of the Board of Overseers gave a popular character to the institution, and it was one of the elements of its recent prosperity. For the moment the managers of the College were very hostile to me, but in the course of ten years all feeling had disappeared, and I enjoyed the friendship of Presidents Sparks, Felton, and Walker.

The College conferred upon me the degree of LL.D. in 1851. That honor had no significance as it was given to every person who was elected Governor and that without regard to his learning, attainments, or services.^[1] Subsequently, however, I was elected a member of the American Academy of Arts and Sciences by the votes of those who were controlling the College. In 1861 I was invited to deliver the Phi Beta Kappa oration, and I was then made a member of the society. Since the opening of the war I have been at Cambridge on two or three occasions only, and my present acquaintance with the persons in power is very limited.

From 1844 to 1850 I received from Governor Briggs several appointments. In 1845 or ’46 the Legislature passed an Act authorizing the appointment of railway commissioners. Governor Briggs sent me a commission, which I declined. The Board was never organized, and the act was soon repealed. I was also appointed a member of a commission on Boston Harbor. At that time the public were anxious about the fate of the harbor in consequence of the drainage into it by Charles River, and numerous minor channels. It was not then understood that all deposits by drainage could be removed by dredging. The members of the Commission were Judges Williams, Hopkinson, Cummins, the Hon. Chas. Hudson and myself. The three judges had then recently lost their offices by the abolition of the court of common pleas. Mr. Hudson had then recently left the United States House of Representatives, but whether voluntarily or upon compulsion I cannot say. He was a clergyman, a Universalist, but at an early age he had abandoned his profession for politics. After serving in the Massachusetts House, Senate and Council, he was elected to Congress from the Worcester district, for which he sat during four Congresses. He was a man of solid qualities without genius of any sort. He was distinguished in Congress as a Protectionist, and his speeches on the tariff question were widely circulated by the Whig Party. They were filled with statistics, and like all arguments based on statistics, they were subject to a good deal of criticism by the advocates of free trade.

The three judges were respectable, clear-headed gentlemen. Of Cummins the story is told that, when for the first time a plan of land was introduced in a real-estate case, he refused to consider the document, saying: “I will not allow a case to be won in my court by diagrams.” Williams had been chief justice of the common pleas court and he was estimated as the superior among his associates upon the bench. Judge Hopkinson was from Lowell, where he had been a favorite of the ruling class in that city. He was a man of moderate ability. The work of the commission continued through several months, and some of its recommendations were adopted by the Legislature.

As the charters of all the banks in the State were to expire in 1850 or 1851, in the latter year, I think, the Legislature authorized the appointment of a board of commissioners for the examination of the banks. The Governor and Council appointed Solomon Lincoln, of Hingham, Joseph S. Cabot of Salem, and myself.

Mr. Lincoln was a kind, capable man of considerable learning, especially in Old Colony history and genealogy. His first question to bank officers often related to them personally, and when he found a man who traced his line to the Old Colony, he pressed him with questions until his whole history was disclosed. Mr. Cabot sometimes anticipated Mr. Lincoln, by saying at once, when we entered a bank, “Is there anybody here from the Old Colony?”

Mr. Cabot was a bachelor of fifty, and his ways were often odd, and occasionally they were disagreeable. He had a custom of never locking his sleeping-room door. Of this he often boasted. When we were at the American House, Worcester, Mr. Cabot said upon his appearance in the morning: “A very queer thing happened to me last night. When I got up my clothes were missing. At last I opened the door, and there they were in the hall. I supposed that I had been robbed. But I am all right,” taking his wallet from his pocket. I said: “Have you looked in your wallet?” He opened it to find that the money had disappeared. We ventured to suggest that for a bank commissioner, he had not shown a great amount of shrewdness.

In the years 1849 and 1850 the commission examined all the banks in the State. Only one was found insolvent, a bank at Pawtucket on the Rhode Island line. The cashier, named Tillinghast, had been persuaded by a man named Marchant, of Rhode Island, to loan money without the knowledge of the officers of the bank. The loan, at the time of the discovery, amounted to sixty thousand dollars.

Upon the examination it appeared that there was a slight surplus of funds over the amount required by the statement. We insisted upon another examination. The cashier then reduced the balance by the statement that certain notes sent forward for collection had been discounted. It was impossible, however, to make the two sides of the account equal each other. At the end of the second day the cashier confessed the crime, and transferred his private property to the bank. Marchant did nothing. He came to the Rhode Island edge of the bridge, where we had some consultations with him, but without any result advantageous to the bank.

In 1847 I was a member of a joint committee to investigate the subject of insanity in the State, and to visit asylums in other States, the object being the erection of a second hospital for the care and treatment of the insane. At that time the only asylum under the control of the State was that at Worcester. There was a second at Somerville for the treatment of private patients. This was under the control of the Massachusetts General Hospital. The hospital at Worcester was under the management of Dr. Woodward, and each year for many years the reports had set it forth as a well organized and well managed institution. At the beginning of our labors we visited the Worcester Hospital. I was then ignorant of the treatment of the insane, but I was shocked by the sight of women in the cells in the basement, who had no bedding but straw, and some of whom had no clothing whatever.

The committee visited the McLean Asylum at Somerville; the Butler Hospital, Rhode Island; the Utica and Bloomingdale Asylums, New York; the Trenton Hospital, the Kirkbride Hospital, and the Philadelphia Alms House, and in none of these institutions did we find any person naked or confined in a cell. The furiously insane were dressed, the arms were tied so as to limit the use of the hands, and the hands were covered with padded mittens. The Worcester Hospital was the poorest institution of all. Our chairman, the Rev. Orin S. Fowler, afterwards a member of Congress, was very indignant, and his report to the Legislature aroused the State from its delusion in regard to the Worcester Hospital. We examined many sites for the contemplated new hospitals, but the Legislature postponed action.

During the year 1847 I was a member of a committee to examine and report upon the securities held by the State. These securities were chiefly the property of the Common School Fund, and they had been derived from the sales of public lands in Maine owned jointly with that State under the agreement made at the time of the separation. Among these securities was a mortgage upon the property of Nathaniel J. Wythe, at Fresh Pond. Mr. Wythe had been a trapper for John Jacob Astor, and he had published a pamphlet upon the region of the Rocky Mountains. Elisha H. Allen afterwards our Consul to Honolulu, and then Chief Justice of Hawaii, and more recently Minister from that country to the United States, was a member of the committee. Mr. Allen and myself were at Fresh Pond together and under the lead of Wythe we went to one of his large ice-houses. The month was August and the men were engaged in removing ice from the house for loading upon the railway cars. From the top of the house to the ground floor must have been sixty feet or more. The cakes of ice were sent down in a run, and by the side of the run there was a narrow foot track, over which the men passed. Mr. Wythe with a lantern led in going up the track to the height where the men were at work. Allen followed and I was behind Allen. When we had ascended about one third of the way, the men above sent down a cake of ice that seemed at first view to threaten the passengers on the side track. Allen stepped back and fell outside of the track and disappeared in the darkness. The men were called and by the aid of lights Allen was found in a pit about ten or twelve feet in depth that had been made by removing ice. By the help of a ladder he was taken out, much frightened, but not injured seriously. Mr. Allen was the son of Sam. C. Allen of Northfield, formerly a member of Congress. Mr. Elisha H. Allen was elected to Congress in 1840 from the Bangor district, State of Maine. He went to Hawaii in 1849 and he returned in 1851 or 1852. Upon his return I had several interviews with him as he lived at the Adams House, Boston, for a time, where I was then living. From him I received the impression that he was authorized to say to the Secretary of State that the authorities of Hawaii were prepared to enter upon negotiations for the cession of the Island to the United States. I understood from Mr. Allen that Mr. Webster did not look with favor upon the scheme. In later years I renewed my acquaintance with Mr. Allen. He was a man of quick perceptions, of much general information, and as a debater in the Massachusetts House of Representatives his standing was always good. As to his integrity it was never brought into question.

1. I was elected a member of the American Academy on my birthday, 1857. J. Lothrop Motley and Charles Francis Adams were elected at the same time.