"_Resolved_, That Mr. Webster be requested to present these resolutions to the Supreme Judicial Court, at its next term, in Boston; and the District Attorney of the United States be requested to present them to the Circuit Court of the United States now in session.

"_Resolved_, That the Secretary communicate to the family of Mr.

Mason a copy of these resolutions, together with the respectful sympathy of the bar."

The proprieties of this occasion (continued Mr. Webster) compel me, with whatever reluctance, to refrain from the indulgence of the personal feelings which arise in my heart, upon the death of one with whom I have cultivated a sincere, affectionate, and unbroken friendship, from the day when I commenced my own professional career, to the closing hour of his life. I will not say, of the advantages which I have derived from his intercourse and conversation, all that Mr. Fox said of Edmund Burke; but I am bound to say, that of my own professional discipline and attainments, whatever they may be, I owe much to that close attention to the discharge of my duties which I was compelled to pay, for nine successive years, from day to day, by Mr. Mason's efforts and arguments at the same bar. _Fas est ab hoste doceri_; and I must have been unintelligent, indeed, not to have learned something from the constant displays of that power which I had so much occasion to see and to feel.

It is the more appropriate duty of the present moment to give some short notice of his life, character, and the qualities of his mind and heart, so that he may be presented as an example to those who are entering upon or pursuing the same career. Four or five years ago, Mr. Mason drew up a biography of himself, from the earliest period of his recollection to the time of his removal to Portsmouth, in 1797; which is interesting, not only for the information it gives of the mode in which the habits of his life were formed, but also for the manner of its composition.

He was born on the 27th day of April, 1768, at Lebanon in Connecticut.

His remotest ancestor in this country was Captain John Mason (an officer who had served with distinction in the Netherlands, under Sir Thomas Fairfax), who came from England in 1630, and settled at Dorchester in the Colony of Ma.s.sachusetts. His great-grandfather lived at Haddam. His grandfather, born in 1705, lived at Norwich, and died in the year 1779.

Mr. Mason remembered him, and recollected his character, as that of a respectable and deeply religious man. His ancestor on the maternal side was James Fitch, a learned divine, who came from England and settled in Saybrook, but removed to Lebanon, where he died. A Latin epitaph, in the ancient burying-ground of that town, records his merits. One of his descendants held a large tract of land in the parish of Goshen, in the town of Lebanon, by grant from the Indians; one half of which, near a century afterwards, was bequeathed to his daughter, Elizabeth Fitch, the mother of Mr. Mason. To this property Mr. Mason's father removed soon after his marriage, and there he died, in 1813. The t.i.tle of this land was obtained from Uncas, an Indian sachem in that neighborhood, by the great-grandfather of Mr. Mason's mother, and has never been alienated from the family. It is now owned by Mr. Mason's nephew, Jeremiah Mason, the son of his eldest brother James. The family has been distinguished for longevity; the average ages of Mr. Mason's six immediate ancestors having exceeded eighty-three years each. Mr. Mason was the sixth of nine children, all of whom are now dead.

Mr. Mason's father was a man of intelligence and activity, of considerable opulence, and highly esteemed by the community. At the commencement of the Revolutionary war, being a zealous Whig, he raised and commanded a company of minute-men, as they were called, and marched to the siege of Boston. Here he rendered important service, being stationed at Dorchester Heights, and engaged in fortifying that position. In the autumn of that year, he was promoted to a colonelcy, and joined the army with his regiment, in the neighborhood of New York.

At the end of the campaign, he returned home out of health, but retained the command of his regiment, which he rallied and brought out with celerity and spirit when General Arnold a.s.saulted and burned New London.

He became attached to military life, and regretted that he had not at an early day entered the Continental service. Colonel Mason was a good man, affectionate to his family, kind and obliging to his neighbors, and faithful in the observance of all moral and religious duties.

Mr. Mason's mother was distinguished for a good understanding, much discretion, the purity of her heart and affections, and the exemplary kindness and benevolence of her life. It was her great anxiety to give all her children the best education, within the means of the family, which the state of the country would allow; and she was particularly desirous that Jeremiah should be sent to college. "In my recollection of my mother," says Mr. Mason, "she was the personification of love, kindness, and benevolence."

Destined for an education and for professional life, Mr. Mason was sent to Yale College, at sixteen years of age; his preparatory studies having been pursued under "Master Tisdale," who had then been forty years at the head of a school in Lebanon, which had become distinguished, and among the scholars of which were the Wheelocks, afterwards Presidents of Dartmouth College. He was graduated in 1784, and performed a part in the Commencement exercises, which greatly raised the expectation of his friends, and gratified and animated his love for distinction. "In the course of a long and active life," says he, "I recollect no occasion when I have experienced such elevation of feeling." This was the effect of that spirit of emulation which incited the whole course of his life of usefulness. There is now prevalent among us a morbid and sickly notion, that emulation, even as honorable rivalry, is a debasing pa.s.sion, and not to be encouraged. It supposes that the mind should be left without such excitement, in a dreamy and undisturbed state, flowing or not flowing, according to its own impulse, without such aids as are furnished by the rivalry of one with another. For one, I do not believe in this. I hold to the doctrine of the old school, as to this part of education. Quinctilian says: "Sunt quidam, nisi inst.i.teris, remissi; quidam imperio indignantur: quosdam continet metus, quosdam debilitat: alios continuatio extundit, in aliis plus impetus facit. Mihi ille detur puer, quem laus excitet, quem gloria juvet, qui victus fleat; hic erit alendus ambitu, hunc mordebit objurgatio, hunc honor excitabit; in hoc desidiam nunquam verebor." I think this is sound sense and just feeling.

Mr. Mason was destined for the law, and commenced the study of that profession with Mr. Baldwin, a gentleman who has lived to perform important public and private duties, has served his country in Congress, and on the bench of the Supreme Court of Connecticut, and still lives to hear the account of the peaceful death of his distinguished pupil. After a year, he went to Vermont, in whose recently established tribunals he expected to find a new sphere for the gratification of ambition, and the employment of talents. He studied in the office of Stephen Rowe Bradley, afterwards a Senator in Congress; and was admitted to the bar, in Vermont and New Hampshire, in the year 1791.

He began his career in Westmoreland, a few miles below Walpole, at the age of twenty-three; but in 1794, three years afterwards, removed to Walpole, as being a larger village, where there was more society and more business. There was at that time on the Connecticut River a rather unusual number of gentlemen, distinguished for polite accomplishments and correct tastes in literature, and among them some well known to the public as respectable writers and authors. Among these were Mr. Benjamin West, Mr. Dennie, Mr. Royall Tyler, Mr. Jacobs, Mr. Samuel Hunt, Mr.

J.W. Blake, Mr. Colman (who established, and for a long time edited, the "New York Evening Post"), and Mr. Olcott. In the a.s.sociation with these gentlemen, and those like them, Mr. Mason found an agreeable position, and cultivated tastes and habits of the highest character.

About this period, he made a journey to Virginia, on some business connected with land t.i.tles, where he had much intercourse with Major-General Henry Lee; and, on his return, he saw President Washington, at Philadelphia, and was greatly struck by the urbanity and dignity of his manner. He heard Fisher Ames make his celebrated speech upon the British treaty. All that the world has said with regard to the extraordinary effect produced by that speech, and its wonderful excellence, is fully confirmed by the opinion of Mr. Mason. He speaks of it as one of the highest exhibitions of popular oratory that he had ever witnessed; popular, not in any low sense, but popular as being addressed to a popular body, and high in all the qualities of sound reasoning and enlightened eloquence.

Mr. Mason was inclined to exercise his abilities in a larger sphere. He had at this time made the acquaintance of Aaron Burr and Alexander Hamilton. The former advised Mr. Mason to remove himself to New York.

His own preference was for Boston; but he thought, that, filled as it then was by distinguished professional ability, it was too crowded to allow him a place. That was a mistake. On the contrary, the bar of this city, with the utmost liberality and generosity of feeling and sentiment, have always been ready to receive, with open arms, every honorable acquisition to the dignity and usefulness of the profession, from other States. Mr. Mason, however, removed to Portsmouth in the autumn of 1797; and, as was to be expected, his practice soon became extensive. He was appointed Attorney-General in 1802. About that time, the late learned and lamented Chief Justice Smith retired from his professional duties, to take his place as a judge; and Mr. Mason became the acknowledged head of his profession. He resigned the office of Attorney-General, three or four years afterwards, to the great regret of the court, the bar, and the country. As a prosecuting officer, he was courteous, inflexible, and just; careful that the guilty should not escape, and that the honest should be protected. He was impartial, almost judicial, in the administration of his great office. He had no morbid eagerness for conviction; and never permitted, as sometimes occurs, an unworthy wrangling between the official power prosecuting, and the zeal of the other party defending. His official course produced exactly the ends it was designed to do. The honest felt safe; but there was a trembling and fear in the evil disposed, that the transgressed law would be vindicated.

Very much confined to his profession, he never sought office or political elevation. Yet he held decided opinions upon all political questions, and cultivated acquaintance with all the leading subjects of the day; and no man was more keenly alive than he to whatever occurred, at home or abroad, involving the great interests of the civilized world.

His political principles, opinions, judgments, were framed upon those of the men of the times of Washington. From these, to the last, he never swerved. The copy was well executed. His conversation on subjects of state was as instructive and interesting as upon professional topics. He had the same reach of thought, and exhibited the same comprehensive mind, and sagacity quick and far seeing, with regard to political things and men, as he did in professional affairs. His influence was, therefore, hardly the less from the fact that he was not actively engaged in political life. There was an additional weight given to his judgment, arising from his being a disinterested beholder only. The looker-on can sometimes form a more independent and impartial opinion of the course and results of the contest, than those who are actually engaged in it.

But at length, in June, 1813, he was persuaded to accept the post of a Senator of the United States, and took his seat that month. He was in Congress during the sessions of 1813 and 1814. Those were very exciting times; party spirit ran very high, and each party put forward its most prominent and gifted men. Both houses were filled by the greatest intellects of the country. Mr. Mason found himself by the side of Rufus King, Giles, Goldsborough, Gore, Barbour, Daggett, Hunter, and other distinguished public men. Among men of whatever party, and however much some of them differed from him in opinion or political principle, there was not one of them all but felt pleasure if he spoke, and respected his uncommon ability and probity, and his fair and upright demeanor in his place and station. He took at once his appropriate position. Of his a.s.sociates and admirers in the other house, there are some eminent persons now living who were occasional listeners to his speeches and much struck with his ability; together with Pickering, Benson, Pitkin, Stockton, Lowndes, Gaston, and Hopkinson, now all deceased, who used to flock to hear him, and always derived deep gratification and instruction from his talents, character, and power.

He resigned his seat in the Senate in 1817. His published speeches are not numerous. The reports of that day were far less complete than now, and comparatively few debates were preserved and revised. It was a remarkable truth, that he always thought far too lightly of himself and all his productions. I know that he was with difficulty persuaded to prepare his speeches in Congress for publication; and in this memorial of himself which I have before me he says, with every appearance and feeling of sincerity, that he "has never acted any important part in life, but has felt a deep interest in the conduct of others."

His two main speeches were, first, one of great vigor, in the Senate, in February, 1814, on the Embargo, just before that policy was abandoned.

The other was later, in December, 1815, shortly before the peace, on Mr.

Giles's Conscription Bill, in which he discussed the subject of the enlistment of minors; and the clause authorizing such enlistment was struck out upon his motion.

He was afterwards for several years a member of the New Hampshire Legislature, and a.s.sisted in revising the code of that State. He paid much attention to the subject of the judicature, and performed his services fully to the satisfaction of the State; and the result of his labors was warmly commended. In 1824 he was again a candidate for the Senate of the United States. The election was to be made by the concurrent vote of the two branches of the Legislature. In the popular branch he was chosen by a strong vote. The Senate, however, non-concurred; by which means the election was lost,--a loss to the country, not to him,--by force of circ.u.mstances and agencies not now or ever fit to be recalled or remembered.

He continued to reside for many years in Portsmouth. His residence in that ancient town was a happy one. He was happy in his family and in the society of the town, surrounded by agreeable neighbors, respected by the bar and the court, and standing at the head of his profession. He had a great love of conversation. He took pleasure in hearing others talk, and gave an additional charm by the freshness, agreeableness, and originality of his own observations. His warm hospitality left him never alone, and his usefulness was felt as much within the walls of the homes, as of the tribunals, of Portsmouth. There are yet many in that town who love him and his; many who witnessed, as children, and recollect, the enthusiasm with which he was greeted by their fathers and mothers; and all in New Hampshire old enough to remember him will feel what we feel here on this occasion.

Led at last partly by the desire of exerting his abilities in a larger sphere of usefulness, and partly by the fact of the residence here of beloved domestic connections, he came to this city, and entered upon the performance of his professional duties in 1832. Of the manner in which he discharged those duties, this court is the most competent judge. You, Mr. Chief Justice, and the venerable a.s.sociate who usually occupies a place at your right,[2] have been witnesses of the whole. You know the fidelity with which he observed his duty to the court, as well as his duty to his clients. In learning, a.s.siduity, respect for the bench, uprightness, and integrity, he stood as an example to the bar. You know the general probity and talent with which he performed, for so many years, the duty of a counsellor of this court.

I should hardly trust myself to make any a.n.a.lysis of Mr. Mason's mind. I may be a partial judge. But I may speak of what I myself admire and venerate. The characteristics of Mr. Mason's mind, as I think, were real greatness, strength, and sagacity. He was great through strong sense and sound judgment, great by comprehensive views of things, great by high and elevated purposes. Perhaps sometimes he was too cautious and refined, and his distinctions became too minute; but his discrimination arose from a force of intellect, and quick-seeing, far-reaching sagacity, everywhere discerning his object and pursuing it steadily.

Whether it was popular or professional, he grasped a point and held it with a strong hand. He was sarcastic sometimes, but not frequently; not frothy or petulant, but cool and vitriolic. Unfortunate for him on whom his sarcasm fell!

His conversation was as remarkable as his efforts at the bar. It was original, fresh, and suggestive; never dull or indifferent. He never talked when he had nothing to say. He was particularly agreeable, edifying, and instructive to all about him; and this was the charm of the social intercourse in which he was connected.

As a professional man, Mr. Mason's great ability lay in the department of the common law. In this part of jurisprudence he was profoundly learned. He had drunk copiously from its deepest springs; and he had studied with diligence and success the departures from the English common law which had taken place in this country, either necessarily, from difference of condition, or positively, by force of our own statutes. In his addresses, both to courts and juries, he affected to despise all eloquence, and certainly disdained all ornament; but his efforts, whether addressed to one tribunal or the other, were marked by a degree of clearness, directness, and force not easy to be equalled.

There were no courts of equity, as a separate and distinct jurisdiction, in New Hampshire, during his residence in that State. Yet the equity treatises and equity reports were all in his library, not "wisely ranged for show," but for constant and daily consultation; because he saw that the common law itself was growing every day more and more liberal, that equity principles were constantly forcing themselves into its administration and within its rules; that the subjects of litigation in the courts were constantly becoming, more and more, such as escaped from the technicalities and the trammels of the common law, and offered themselves for discussion and decision on the broader principles of general jurisprudence. Mr. Mason, like other accomplished lawyers, and more than most, admired the searching scrutiny and the high morality of a court of equity; and felt the instruction and edification resulting from the perusal of the judgments of Lord Hardwicke, Lord Eldon, and Sir William Grant, as well as of those of great names in our own country, not now among the living.

Among his early a.s.sociates in New Hampshire, there were many distinguished men. Of those now dead were Mr. West, Mr. Gordon, Edward St. Loe Livermore, Peleg Sprague, William K. Atkinson, George Sullivan, Thomas W. Thompson, and Amos Kent; the last of these having been always a particular personal friend. All of these gentlemen in their day held high and respectable stations, and were eminent as lawyers of probity and character.

Another contemporary and friend of Mr. Mason was Mr. Timothy Bigelow, a lawyer of reputation, a man of probity and honor, attractive by his conversation, and highly agreeable in his social intercourse. Mr.

Bigelow, we all know, was of this State, in which he filled high offices with great credit; but, as a counsellor and advocate, he was constant in his attendance on the New Hampshire courts. Having known Mr. Bigelow from my early youth, I have pleasure in recalling the mutual regard and friendship which I know to have subsisted between him and the subject of these remarks. I ought not to omit Mr. Wilson and Mr. Betton, in mentioning Mr. Mason's contemporaries at the bar. They were near his own age, and both well known as lawyers and public men.

Mr. Mason, while yet in New Hampshire, found himself engaged in causes in which that ill.u.s.trious man, Samuel Dexter, also appeared. The late Mr. Justice Story was still more frequently at the bar of that State; and, at a period somewhat earlier, your great and distinguished predecessor, Chief Justice Parsons, occasionally presented himself before the courts at Portsmouth or Exeter, and he is known to have entertained a very high regard, personal and professional, as well for Mr. Mason as for the late Chief Justice Smith.

Among those still living, with whom Mr. Mason was on terms of intimacy, and with whom he a.s.sociated at the bar, were Messrs. Plumer, Arthur Livermore, Samuel Bell, and Charles H. Atherton. If these respected men could be here to-day, every one of them would unite with us in our tribute of love and veneration to his memory.

But, Sir, political eminence and professional fame fade away and die with all things earthly. Nothing of character is really permanent but virtue and personal worth. These remain. Whatever of excellence is wrought into the soul itself belongs to both worlds. Real goodness does not attach itself merely to this life; it points to another world.

Political or professional reputation cannot last for ever; but a conscience void of offence before G.o.d and man is an inheritance for eternity. _Religion_, therefore, is a necessary and indispensable element in any great human character. There is no living without it.

Religion is the tie that connects man with his Creator, and holds him to his throne. If that tie be all sundered, all broken, he floats away, a worthless atom in the universe; its proper attractions all gone, its destiny thwarted, and its whole future nothing but darkness, desolation, and death. A man with no sense of religious duty is he whom the Scriptures describe, in such terse but terrific language, as living "without G.o.d in the world." Such a man is out of his proper being, out of the circle of all his duties, out of the circle of all his happiness, and away, far, far away, from the purposes of his creation.

A mind like Mr. Mason's, active, thoughtful, penetrating, sedate, could not but meditate deeply on the condition of man below, and feel its responsibilities. He could not look on this mighty system,

"This universal frame, thus wondrous fair,"

without feeling that it was created and upheld by an Intelligence, to which all other intelligences must be responsible. I am bound to say, that in the course of my life I never met with an individual, in any profession or condition of life, who always spoke, and always thought, with such awful reverence of the power and presence of G.o.d. No irreverence, no lightness, even no too familiar allusion to G.o.d and his attributes, ever escaped his lips. The very notion of a Supreme Being was, with him, made up of awe and solemnity. It filled the whole of his great mind with the strongest emotions. A man like him, with all his proper sentiments and sensibilities alive in him, must, in this state of existence, have something to believe and something to hope for; or else, as life is advancing to its close and parting, all is heart-sinking and oppression. Depend upon it, whatever may be the mind of an old man, old age is only really happy, when, on feeling the enjoyments of this world pa.s.s away, it begins to lay a stronger hold on those of another.

Mr. Mason's religious sentiments and feelings were the crowning glories of his character. One, with the strongest motives to love and venerate him, and the best means of knowledge, says:--

"So far as my memory extends, he always showed a deep conviction of the divine authority of the Holy Scriptures, of the inst.i.tutions of Christianity, and of the importance of personal religion. Soon after his residence in Boston, he entered the communion of the Church, and has continued since regularly to receive the Lord's Supper. From that time, he also habitually maintained domestic worship, morning and evening. The death of two of his sons produced a deep impression upon his mind, and directed it in an increased degree to religious subjects.

"Though he was always reserved in the expression of religious feeling, still it has been very apparent, for several years, that his thoughts dwelt much upon his practical religious duties, and especially upon preparation for another world. Within three or four years, he frequently led the conversation to such subjects; and during the year past, immediate preparation for his departure has been obviously the constant subject of his attention. His expressions in regard to it were deeply humble; and, indeed, the very humble manner in which he always spoke of himself was most marked.

"I have observed, of late years, an increasing tenderness in his feelings and manner, and a desire to impress his family with the conviction that he would not remain long with them. His allusions of this kind have been repeated, even when apparently in his usual health; and they indicated the current of his thoughts.

"He retained his consciousness till within a few hours of his death, and made distinct replies to every question put to him. He was fully aware that his end was near; and in answer to the question, 'Can you now rest with firm faith upon the merits of your Divine Redeemer?' he said, 'I trust I do, upon what else can I rest?'

"At another time, in reply to a similar question, he said, '_Of course_, I have no other ground of hope.' We did not often speak to him during those last three days, but had no doubt that he was entirely conscious of his state, knew that his family were all near, and that his mind was free from anxiety. He could not speak with ease, and we were unwilling to cause him the pain of exertion.

His whole life, marked by uniform greatness, wisdom, and integrity, his deep humility, his profound reverence for the Divine Majesty, his habitual preparation for death, his humble trust in his Saviour, left nothing to be desired for the consolation of his family under this great loss. He was gradually prepared for his departure. His last years were pa.s.sed in calm retirement; and he died as he wished to die, with his faculties unimpaired, without great pain, with his family around his bed, the precious promises of the Gospel before his mind, without lingering disease, and yet not suddenly called away."

Such, Mr. Chief Justice, was the life, and such the death, of JEREMIAH MASON. For one, I could pour out my heart like water, at the recollection of his virtues and his friendship, and in the feeling of his loss. I would embalm his memory in my best affections. His personal regard, so long continued to me, I esteem one of the greatest blessings of my life; and I hope that it may be known hereafter, that, without intermission or coolness through many years, and until he descended to his grave, Mr. Mason and myself were friends.

Mr. Mason died in old age; not by a violent stroke from the hand of death, not by a sudden rupture of the ties of nature, but by a gradual wearing out of his const.i.tution. He enjoyed through life, indeed, remarkable health. He took competent exercise, loved the open air, and, avoiding all extreme theories or practice, controlled his conduct and habits of life by the rules of prudence and moderation. His death was therefore not unlike that described by the angel, admonishing Adam:--

"I yield it just, said Adam, and submit.

But is there yet no other way, besides These painful pa.s.sages, how we may come To death, and mix with our connatural dust?

"There is, said Michael, if thou well observe The rule of 'Not too much,' by temperance taught, In what thou eat'st and drink'st; seeking from thence Due nourishment, not gluttonous delight; Till many years over thy head return, So mayst thou live; till, like ripe fruit, thou drop Into thy mother's lap; or be with ease Gathered, not harshly plucked; for death mature.

This is old age."