When the Know-Nothing party, so called, carried the state in 1855, one of their first acts was to overthrow the entire judicial system of the state, by repealing the acts creating it, and to erect a Siamese-double-headed-partisan one upon its ruins. The system proved expensive and became odious, not only to the entire Democratic party, but to the bar and influential class, irrespective of party relations, and to potential forces in the then Republican party.
In 1859, Mr. Bryant devised the system, which, with a brief exception, has been in force to the present time. It was carried after an intensely bitter contest. He made up the committee on the judiciary, to whom the bill was referred. It consisted of ten members, four of whom were Democrats headed by the veteran Quincy, five radicals, and one conservative Republican. Two of the six were for the bill and one was on the fence. The moss-backs, politicians, and lobbyists swarmed, and great efforts were made to defeat it. The four Democrats on the committee at first voted for their own bill, and then notified the friends of the new one that on the test vote they should give them a solid support, which would enable them to bring an affirmative report into the house. Caucuses were held almost every night of actual session to hold the timid ones in line, and prevent their yielding to the great pressure to which they were subjected.
An incident occurred during his speakership in 1859, which illustrates Mr. Bryant's readiness, courage, and political forecast. The theory that it was the right of every state and everybody in it to nullify the laws of congress whose constitutionality had been affirmed by the federal supreme court was much more popular in the North then than it became after the election of Mr. Lincoln. Lengthy petitions headed by A. T. Foss, A. Folsom, and Stephen Thayer, "praying for the enactment of a law that no person held as a slave shall be delivered up within this state," were presented. They were referred, as a matter of course, to the committee on the judiciary. Parker Pillsbury, Elder Foss, Dr. Hawks, and others appeared for the petitioners at the hearing, and made eloquent speeches in support of their petition. They had the candor, courage, and directness which characterized the old-time Abolitionists. They did not attempt to deceive the committee or any one else, but avowed that their purpose was by the bill proposed to array the state against the general government. The hearing closed. The four Democrats voted against the bill, and the chairman with flushed face demurred at such legislation; but five out of the six Republicans voted for the bill, and without a word of warning it was reported to the house by a party vote. It was read the first time without objection, and upon a division was ordered to a second reading by a vote of one hundred and thirty-four to one hundred and one. Mr. Bryant called Mr. Parker of Lempster—since a member of congress—to the chair, took the floor, and in an eloquent speech denounced the bill as nullification pure and simple, and moved its indefinite postponement. A sharp debate followed. Three lawyers who had voted for the bill in the committee defended the principle of it mainly upon the ground that everybody had the right to judge of the constitutionality of the bill at which the proposed law was aimed, and that the opinion of the supreme court was of no more account or binding force than the opinion of a like number of other persons. Mr. Bryant replied, and the result was that two members of the majority of the committee voted to sustain their nullification report, four, including the one who reported the bill to the house, voted against their own report, and the bill was defeated by a vote of two hundred and seventy-nine to nineteen. He had a natural gift for the position, and left the speaker's chair with the respect of all for his ability, his fairness, and his unvarying courtesy as a presiding officer.
In 1860, Mr. Bryant was at the Chicago convention as a substitute delegate, working strenuously and effectively for the nomination of Mr. Lincoln. He stumped the state for him, and after his election removed to Boston.
Since he has resided in Massachusetts, he has refused to hold any political office whatever, and has only interested himself in politics in speeches during the state and national campaigns. Since his residence there he has devoted his time almost entirely to an active, extensive, and constantly increasing general practice in several counties in eastern Massachusetts, in both the state and federal courts, and not infrequently has been called to his old circuit in New Hampshire, when he could spare the time. The importance of the cases in which he has been engaged, and the character of those opposed to him, are sufficient evidence, if any were needed, that he is a trained lawyer, a skillful, eloquent, and able advocate.
He delivered the centennial oration in his native town in 1879, and, for some reason unknown to the writer, rendered the same service for the town of Brandon, Vt. He has also occasionally delivered lectures before lyceums and the like.
When twenty-four, he married Miss Susan M. Brown, of Northfield, N. H., a woman of high personal character and accomplishments, and who proved all that any man could wish as a wife and mother. Three children still survive.
In private as in professional life, Mr. Bryant is noted as a genial and courteous gentleman.
Oliver Pillsbury