Autobiography of Seventy Years, Vol. 1-2

by George Frisbie Hoar

In all these cases and many others the arguments of the Attorney- General were presented with distinguished ability and dignity, and with his habitual courtesy and amenity of manner; whilst his broad and comprehensive views greatly aided the court in arriving at just conclusions. In all of them he was successful; and it may be said that he rarely assumed a position on behalf of the Government, in any important case, in which he was not sustained by the judgment of the court. His advocacy was conscientious and judicial rather than experimental— as is eminently fitting in the official representative of the Government. It best subserves the ends of justice, the suppression of useless litigation, and the prompt administration of the law.

I can only add that the members of the Supreme Court parted with Attorney-General Devens with regret. Of him, as of so many other eminent lawyers, the reflection is just, that the highest efforts of advocacy have no adequate memorial. Written compositions remain; but the noblest displays of human genius at the bar—often, perhaps, the successful assaults of Freedom against the fortresses of Despotism—are lost to history and memory for want of needful recordation. Vixere fortes ante Agamemnona; or, as Tacitus says of the eloquent Haterius, "Whist the plodding industry of scribblers goes down to posterity, the sweet voice and fluent eloquence of Haterius died with himself."

Very truly yours.
JOSEPH P. BRADLEY.

He was an admirable historical investigator and narrator. He carefully investigated the facts. He told the story of the heroic days of the Revolution and of the heroic days of the War for the Union with a graphic power which will give his addresses on such subjects a permanent place in our best historical literature.

But it is as a soldier that his countrymen will remember him, and it is as a soldier that he would wish to be remembered. Whatever may be said by the philosopher, the moralist, or the preacher, the instincts of the greater portion of mankind will lead them to award the highest meed of admiration to the military character. Even when the most selfish of human passions, the love of power or the love of fame, is the stimulant of the soldier's career, he must at least be ready for the supreme sacrifice—the willingness to give his life, if need be, for the object he is pursuing. But when his end is purely unselfish, when the love of country or the desire to save her life by giving his own has entire mastery of the soul, all mankind are agreed to award the good soldier a glory which it bestows nowhere else.

There was nothing lacking in General Devens to the complete soldierly character. He had a passionate love of his country; he was absolutely fearless; he never flinched before danger, sickness, suffering or death. He was prompt, resolute and cool in the face of danger. He had a warm and affectionate heart. He loved his comrades, especially the youth who were under his command. He had that gentle and placable nature which so often accompanies great courage. He was incapable of a permanent anger. He was still less capable of revenge or of willingness to inflict injury or pain.

As Clarendon says of Falkland: "He had a full appetite of fame by just and generous actions, so he had an equal contempt for it by base and servile expedients." He never for an instant tolerated that most pernicious and pestilent heresy, that so long as each side believed itself to be in the right there was no difference between the just and the unjust cause. He knew that he was contending for the life of his country, for the fate of human liberty on this continent. No other cause would have led him to draw his sword; and he cared for no other earthly reward for his service.

Oh just and faithful knight of God,
Ride on, the prize is near.

CHAPTER IV ATTEMPT TO REOPEN THE QUESTION OF THE TITLE TO THE PRESIDENCY

In general the determination of the title to the Presidency was acquiesced in in a manner highly creditable to the people. The Democratic party submitted to their disappointment in a manner which was on the whole exceedingly praiseworthy. This was due very largely to the influence of Mr. Lamar, of Mississippi, and I suppose to that of Mr. Bayard, of Delaware. But there were not wanting persons who were willing to revive the question for political advantage, whatever the effect upon the public tranquillity. On May 13, 1878, when the President had been for more than a year in the quiet possession of his office, Mr. Clarkson N. Potter, of New York, introduced in the House of Representatives a resolution for the appointment of a Committee to investigate alleged frauds in the States of Louisiana and Florida, in the recent Presidential election. This resolution was adopted by the House, in which every possible parliamentary method for its defeat was resorted to by the Republican minority. The Republicans were exceedingly alarmed, and the proceeding seemed likely to create a financial panic which would disturb and injure the business of the country.