The purpose of the whole act was expressly declared to be "to promote the public interest and welfare by the construction of said railroad and telegraph line, and keeping the same in working order, and to secure the Government at all times, but particularly in time of war, the use and benefit of the same for postal, military, and other purposes."

Your committee cannot doubt that it was the purpose of Congress in all this to provide for something more than a mere gift of so much land, and a loan of so many bonds on the one side, and the construction and equipment of so many miles of railroad and telegraph on the other.

The United States was not a mere creditor, loaning a sum of money upon a mortgage. The railroad corporation was not a mere contractor, bound to furnish a specified structure and nothing more. The law created a body politic and corporate, bound, as a trustee, so to manage this great public franchise and endowment that not only the security for the great debts due the United States should not be impaired, but so that there should be ample resources to perform its great public duties in time of commercial disaster and in time of war.

This act was not pa.s.sed to further the personal interests of the corporators, nor for the advancement of commercial interests, nor for the convenience of the general public, alone; but in addition to these the interests, present and future, of the Government, as such, were to be subserved.

A great highway was to be created, the use of which for postal, military, and other purposes was to be secured to the Government "at all times," but particularly in time of war. Your committee deem it important to call especial attention to this declared object of this act, to accomplish which object the munificent grant of lands and loan of the Government credit was made.

To make such a highway and to have it ready at "all times,"

and "particularly in time of war," to meet the demands that might be made upon it; to be able to withstand the loss of business and other casualties incident to war and still to perform for the Government such reasonable service as might under such circ.u.mstances be demanded, required a strong, solvent corporation; and when Congress expressed the object and granted the corporate powers to carry that object into execution, and aided the enterprise with subsidies of lands and bonds, the corporators in whom these powers were vested and under whose control these subsidies were placed, were, in the opinion of your committee, under the highest moral, to say nothing of legal or equitable obligations, to use the utmost degree of good faith toward the Government in the exercise of the powers and disposition of the subsidies.

Congress relied for the performance of these great trusts by the corporators upon their sense of public duty; upon the fact that they were to deal with and protect a large capital of their own which they were to pay in money; upon the presence of five directors appointed by the President especially to represent the public interests, who were to own no stock; one of whom should be a member of every Committee, standing or special; upon the commissioners to be appointed by the President, who should examine and report upon the work as it progressed; in certain cases upon the certificate of the chief engineer, to be made upon his professional honor; and lastly, upon the reserved power to add to, alter, amend, or repeal the act.

Your committee find themselves constrained to report that the moneys borrowed by the corporation, under a power given them, only to meet the necessities of the construction and endowment of the road, have been distributed in dividends among the corporators; that the stock was issued, not to men who paid for it at par in money, but who paid for it at not more than thirty cents on the dollar in road making; that of the Government directors some of them have neglected their duties and others have been interested in the transactions by which the provisions of the organic law have been evaded; that at least one of the commissioners appointed by the President has been directly bribed to betray his trust by the gift of $25,000; that the chief engineer of the road was largely interested in the contracts for its construction; and that there has been an attempt to prevent the exercise of the reserved power in Congress by inducing influential members of Congress to become interested in the profits of the transaction. So that of the safeguards above enumerated none seems to have been left but the sense of public duty of the corporators.

The Judge Poland Committee investigated the conduct of the members who were suspected and acquitted all but two. The House accepted their decision. They recommended the expulsion of Mr. Ames and of James Brooks, one of the Democratic members.

There were some special circ.u.mstances in the case of Brooks, which it is not necessary to recite. Brooks died before a vote on his case was taken. The House by a majority amended the resolution reported by the Committee in the case of Mr.

Ames, and recommended a vote of censure, which was pa.s.sed.

Ames felt the disgrace very keenly, and did not live very long afterward.

These disclosures did much to bring about the uneasy condition of the public mind which led to the Republican defeat in the election of members of the House of Representatives in the fall of 1874, and brought Tilden so near to an election in 1876.

But it may fairly, I think, be said for the majority of the Republican Party in both houses of Congress, and the majority of the Republican Party in the country, that they did their very best to deal firmly and directly with any fraud or wrongdoing that came to light, even if their own political a.s.sociates were the guilty parties. The political atmosphere has been purified as compared with the condition of those days. The lobbyist is not seen in the Committee Room or the Corridor of the Capitol, as was the case when I entered Congress in 1869. I ought perhaps to say that I think the acquittal of Belknap on the ground that the Senate has no jurisdiction to render judgment against a civil officer on process of impeachment after he has left office, was influenced by political feeling.

I do not think most of the Republican Senators who voted that way would have so voted if the culprit had been a Democrat.

But there were many able lawyers who thought the opinion of these Senators right.

CHAPTER XXIII THE SANBORN CONTRACTS

The forty-second Congress, at its second session, repealed all laws which provided for the payment of moieties, or commissions, to informers, so far as related to internal revenue taxes.

But a provision was inserted by the Conference Committee, which attracted no attention, providing that the Secretary of the Treasury might employ not more than three persons to a.s.sist the proper officers of the Government in discovering and collecting any money belonging to the United States whenever the same might be for the interest of the United States. The Secretary was to determine the conditions of the contract, and to pay no compensation except out of money received. No person was to be employed who did not file a written statement, under oath, stating the character of the claim under which the money was withheld or due, and the name of the person alleged to withhold the same.

Under this law John D. Sanborn of Ma.s.sachusetts, an active supporter of General Butler, applied for a contract which he obtained on the 15th of July, 1872, for the collection of taxes illegally withheld by thirty-nine distillers, rectifiers and purchasers of whiskey. He was then himself an employee of the Government as Special Agent for the Treasury Department.

Secretary Boutwell being then absent or otherwise unable to attend to his duties, this contract was signed by a.s.sistant Secretary William A. Richardson. Sanborn had already been employed to work up certain whiskey cases for which he had been paid $3,000 by the Government, and these cases were included in the foregoing contract.

On the 25th of October, 1872, Sanborn made application to have added to his contract the names of 760 persons, alleged to have withheld taxes imposed on legacies, successions and incomes. An additional contract for that purpose was signed by the a.s.sistant Secretary Richardson. On the 19th of March, 1873, Sanborn applied to have the names of more than 2,000 other like persons added to his contract, which Mr. Richardson permitted. On the 1st day of July, 1873, Sanborn again asked to amend his contract, and a.s.sistant Secretary Richardson signed the contract by which the names of 592 railroad companies were included. That was substantially a complete list of the railroad companies of the country. Some of them had been examined by Government officials before the day of the contract, and the claims had been brought to light and found due. Sanborn had no knowledge of any delinquency, except as to about 150 of them. When he so represented to the officers of the Treasury Department he was told that it did not make any difference, and to put them all in. Thereupon he took oath that they were all delinquent, and had them added to the contract.

The form of this contract was taken, in part, from one prepared by Secretary Boutwell, which he had carefully considered with Mr. Kelsey, a subordinate in the Treasury, in June, 1872.

That prepared by Mr. Boutwell, if adhered to, would have amply protected the Government. But it was departed from in essential particulars. Under Secretary Boutwell's contract only a small number of claims was included. Sanborn collected, in the course of a year or two, $427,000, on which sum he received 50 per cent.

The unanimous report of the Committee of the House who investigated the matter was written by Charles Foster of Ohio, afterward Governor, and Secretary of the Treasury. The Committee comprised the following gentlemen: Henry L. Dawes of Ma.s.sachusetts; W. D. Kelly of Pennsylvania; Horatio C. Burchard of Illinois; Ellis H. Roberts of New York; John A. Ka.s.son of Iowa; Henry Waldron of Michigan; Lionel A. Sheldon of Louisiana; Charles Foster of Ohio; James B. Beck of Kentucky; William E. Niblack of Indiana; Fernando Wood of New York.

The Committee found that a large percentage of the $427,000 was not a proper subject for contract under the law, and that it would have been collected by the Internal Revenue Bureau in the ordinary discharge of its duty. The law provided that the person with whom it was made should a.s.sist the Treasury officials in discovering and collecting, so that the collections were to be made by the Treasury. But the contract in fact signed authorized Sanborn to make the collections, and required the Treasury officials to a.s.sist him.

The Committee further called attention to the fact that the law provided that no person should be employed who should not have fully set forth in a written statement under oath the character of the claim out of which he proposed to recover or a.s.sist in recovering the moneys for the United States, the laws by the violation of which the same had been withheld, and the name of the person, firm or corporation having withheld such moneys. This provision was disregarded utterly.

The Committee found that the Commissioner of Internal Revenue was not consulted in the matter, nor was any official of his Bureau, nor was he advised as to the making of the contracts or of the character of the claims, although the proper officials of the Government, referred to in the statute, could only have been the officials of the Internal Revenue Bureau. It was shown that the Commissioner of Internal Revenue wrote a letter protesting against the manner of these collections to the Secretary of the Treasury, which was never answered.

The Committee found that the Commissioner was studiously ignored by the Secretary of the Treasury and the officials in his office.

The wicked and fraudulent character of the transactions is shown in the report.

When the Committee made their report the matter was debated in the House of Representatives by Governor Foster and other gentlemen who had taken part in the investigation. All these Sanborn transactions were with the a.s.sistant Secretary in Mr. Boutwell's absence, until later Mr. Richardson became Secretary of the Treasury. The Committee unanimously agreed to report a resolution that the House had no confidence in the Secretary of the Treasury, Mr. Richardson, and demanded his removal. President Grant was notified of this conclusion.

He sent for the members of the Committee and personally urged them to withhold the resolution, and offered that the Secretary should resign, and that he should be provided for in some other department of the public service. To this the Committee agreed. It was never thought that the Secretary himself profited corruptly by the transaction, but only that he had suffered himself to be hoodwinked. It was unfortunate that nearly all the persons who were connected with this transaction were from New England, most of them from Ma.s.sachusetts, and several of them from Lowell.

CHAPTER XXIV BENJAMIN F. BUTLER

No person can adequately comprehend the political history of Ma.s.sachusetts for the thirty-five years beginning with 1850 without a knowledge of the character, career and behavior of Benjamin F. Butler. It is of course disagreeable and in most cases it would seem unmanly to speak harshly of a political antagonist who is dead. In the presence of the great reconciler, Death, ordinary human contentions and angers should be hushed.

But if there be such a thing in the universe as a moral law, if the distinction between right and wrong be other than fancy or a dream, the difference between General Butler and the men who contended with him belongs not to this life alone.

It relates to matters more permanent than human life. It enters into the fate of republics, and will endure after the fashion of this world pa.s.seth away.

I cannot tell the story of my life at a most important period without putting on record my estimate of him, and the nature of his influence over the youth of the Commonwealth. Besides, it is to be remembered that he took special pains to write and to leave behind him a book in which he gave his own account of the great controversies in which he engaged, and bitterly attacked some of the men who thwarted his ambitions. This book he sent to public libraries, including that of the British Museum, where he had good reason to expect it would be permanently preserved.

I shall say nothing of him which I did not say in public speeches or published letters while he was living and in the fulness of his strength, activity and power. History deals with Benedict Arnold, with Aaron Burr, with the evil counsellors of Charles I. and Charles II., with Robespierre, with Barere and with Catiline, upon their merits, and draws from their lives examples, or warnings, without considering the fact that they are dead. This especially is a duty to be performed fearlessly, though with due caution, when it is proposed in some quarters to erect monuments of statues to such men for the admiration of the youth of future generations.

Benjamin F. Butler was born November 5, 1818. He was graduated at Waterville College, now Colby University, in the year 1838.

He began the practice of law in Lowell. Compared with other men of equal ability and distinction, he was never a very successful advocate. Quiet and modest men who had the confidence of the courts and juries used to win verdicts from him in fairly even cases. He was fertile in resources. He liked audacious surprises. He was seldom content to try a simple case in a simple way. So that while he succeeded in some desperate cases, he threw away a good many which with wise management he might have gained.

Butler's practice in the beginning was chiefly in the defence of criminals, or in civil cases where persons of that cla.s.s were parties. There was very likely to be a dramatic scene in court when he was for the defence. His method of defence was frequently almost as objectionable as the crime he was defending. He attacked the character of honest witnesses, and of respectable persons, victims of his guilty clients, who were seeking the remedy of the law. He had many ingenious fashions of confusing or browbeating witnesses, and sometimes of misleading juries. He once asked a medical expert who undertook to testify about human anatomy, in a case of physical injury, this question: "State the origin and insertion of all the muscles of the forearm and hand from the elbow to the tips of the fingers"; and another, "Give a list of the names and the positions of all the bones in the body." This was something like asking a man who claimed to know the English language to give off hand all the words of the English language beginning with a. But it confused a worthy and respectable country doctor, and misled the jury. The best citizen of a country village, or his wife or daughter, who had to testify against a thief or burglar who had broken into a house had to encounter his ruffianly treatment on the witness stand.

So Butler became a terror, not to evil-doers but to the opponents of evil-doers throughout the county of Middles.e.x. Few lawyers liked to encounter his rough speech and his ugly personalities.

He was a Democrat in politics and became quite popular with the poorer cla.s.s of foreign immigrants who gathered in manufacturing towns and cities like Lowell. He had at first little success in politics for the reason that his party was a small minority in Ma.s.sachusetts. He was elected to the House of Representatives for the Legislature of 1853. During that session there was a memorable struggle on the part of the Whigs to repeal so much of the act providing for an election of delegates to a Const.i.tutional convention as required the election to be by secret ballot. There was also, as an incident of this struggle, an angry contest in the joint convention of the two Houses held for the purpose of electing some officers required by the Const.i.tution to be chosen by joint ballot.

The dispute related to the extent of the authority of the President of the Senate, as presiding officer, to control the joint a.s.sembly. Butler was conspicuous in that scene of turbulence and disorder. On the occasion of some ruling by the Whig Speaker, Mr. George Bliss, a worthy and respectable old gentleman, Butler called out in a loud voice: "I should like to knife that old cuss." That utterance was quoted not only all over the Union, but in foreign countries, in England, and on the continent, and in the West Indies, as a proof of the degradation and licentiousness of popular governments.

It is a singular fact that a like question as to the authority of the presiding officer of a joint convention of two legislative bodies came up in Congress when the electoral vote was counted, at the time of the election of General Grant in 1868. Butler repeated on a larger stage his disorderly conduct, until Schuyler Colfax, Speaker of the House--although Mr. Wade, President of the Senate, was then presiding over the joint convention--resumed the chair of the House, in order, as Mr.

Blaine described it afterward, "to chastise the insolence of the member from Ma.s.sachusetts."

He was chosen in 1860, when the Democratic Party was divided between the supporters of Douglas and the supporters of Breckenridge, a delegate to the National Convention at Charleston, South Carolina, by the Douglas Democrats of Ma.s.sachusetts, under instructions to vote for Douglas. Instead, he voted thirty- seven times for Jefferson Davis. There has been but one other instance, I believe, in the history of Ma.s.sachusetts of such a betrayal of trust. That other related not to candidates but to principles.

Under our political arrangements the presidential elector is but a scribe. He exercises no discretion, but only records the will of the people who elect him. The real selection of the president is made by the nominating conventions. The nominee of the party having a majority becomes the president.

A breach of trust by a delegate to a nominating convention is an act of dishonor of the same cla.s.s with that to which no presidential elector in the United States has yet stooped-- a breach of trust by an elector.

General Butler's career upon the national stage began with the episode at Charleston. From that time until his death he was a very conspicuous figure in the eyes of the whole country. There are two or three public services for which he deserves credit. They ought not to be omitted in any fair sketch of his life and character.

First. When, in the earlier days of the Rebellion, there was a doubt whether the Democratic Party would rally to the support of the country, he promptly offered his services.

His example was of great importance in determining the question whether the war of sections was also to be a war of parties.

He had a large clientage, especially among that cla.s.s of Irish Americans who were apt in Ma.s.sachusetts to vote with the Democratic Party. His conduct so far was in honorable contrast with that of some of his influential political a.s.sociates, and that of some of the old Whigs who never got over their chagrin at the success of the Republican Party.

Second. When the question what would be the treatment of the negroes by the commanders of the Union army was doubtful, and when many persons wished to conciliate the old slaveholders in the border states by disclaiming any purpose of meddling with the inst.i.tution of slavery, General Butler made a bright and important contribution to the discussion by declaring the negro "contraband of war." I do not know whether this phrase was original with him or no. It has been claimed that he borrowed it. But he undoubtedly made it famous. This tended somewhat to obliterate the effect of the shock caused to the lovers of liberty by his offer to the Governor of Maryland on the day his regiment landed at Annapolis, of his own services and those of the forces under his command, to put down any slave insurrection, in case the negro people should attempt to a.s.sert their heaven-born rights.

Governor Andrew wrote to General Butler censuring his offer of the use of the Ma.s.sachusetts troops, as the first operation of the war, to improve the security of rebels that they might prosecute with more energy their attacks upon the Federal government. The Governor adds: "I can perceive no reason of military policy why a force summoned to the defence of the Federal Government, at this moment of all others, should be offered or diverted from its immediate duty to help rebels, who stand with arms in their hands, in obstructing its progress toward the city of Washington." General Butler answered that "if the contest were to be prosecuted by letting loose the slaves, some instrument other than myself must be found to carry it on." He had been, with a large part of his party, an advocate and supporter of the Fugitive Slave Law, in the days before the war.

Third. He governed the rebel city of New Orleans with great vigor. He understood how to deal with a turbulent and ugly populace. He was not imposed upon by shams or pretences, and treated the old Southern Democracy with little respect.

It is probable that his vigorous remedy saved the city from yellow fever.

Fourth. Another thing should be added to his credit, not of moral quality, but of that quality which accounts largely and naturally for his influence with the people. He had a gift of clear, racy and simple speech. He could convey his thought to the apprehension of common men without any loss in the process. His style was of the same cla.s.s with that of William Cobbett and Horace Greeley, without ornament, not very copious, but simple, clear and vigorous. When these things have been said, nothing remains to be said in his favor.

He had a ready, though rough and coa.r.s.e wit, suited to the tastes of illiterate audiences and to that cla.s.s of men who are always delighted when anything is said in disparagement of anybody. I recall two or three examples. He was rather fond of appropriating the bright sayings of others, whether jesting or serious, and claiming credit for them. But he also had a capacity of his own for such things.

I heard him argue a case involving the const.i.tutionality of the bill to annex Charlestown to Boston, before the Supreme Court of Ma.s.sachusetts. He was interrupted by the Mayor, who was on the other side, a fussy and self-important little person. Butler made the point that the meetings at which the citizens had voted for annexation had not been legal, the notice being not sufficient. The Mayor, who had said it was the practice in Charlestown to hold public meetings on a notice not longer than the one in question. He added: "We only gave a week's notice for our election of Mayor."