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Mr. Arthur, who had naturally taken a prominent part in this case, was regarded by the colored people of New York as a champion of their interests, and it was not long before they sought his aid. At that time, colored people were not permitted to ride in the street-cars in New York City, with the exception of a few old and shabby cars set aside for their occupation. The Fourth-avenue line permitted them to ride when no other passenger made objection.
One Sunday, in 1855, Lizzie Jennings, a colored woman, returning from having fulfilled her duties as superintendent of a colored Sunday-school, entered a Fourth-avenue car, and the conductor took her fare. Soon after, a drunken white man objected to her presence, and insisted that she be made to leave the car. The conductor pulled the bell, and when the car stopped, told her that she must get out, offering to return her fare. She refused, and the conductor then offered to put her off by force. She made vigorous resistance, exclaiming: "I have paid my fare, and I have a right to ride." Finally, the conductor called in several policemen, and, by their joint efforts, she was removed from the car, her clothing having nearly all been torn from her in the struggle. When the leading colored people of the city heard of this, they sent a committee to the office of Culver, Parker, and Arthur, and requested them to make it a test case.
Mr. Arthur brought suit against the railroad company for Miss Jennings, in the Supreme Court, at Brooklyn. The case came on for trial before Judge Rockwell, who then sat upon the bench there. He had just decided, in a previous case, that a corporation was not liable for the wrongful acts of its agent or servant, and when Mr. Arthur handed him the pleadings, he said that the railroad company was not liable, and was about to order a nonsuit. Mr. Arthur called his attention, however, to a recently revised section of the Revised Statutes, making certain railroad corporations which carried passengers liable for the acts of their conductors and drivers, whether wilful or negligent, under which the action had been brought. The judge was silenced, the case was tried, and the jury rendered a verdict of five hundred dollars damages in favor of the colored woman. The railroad company paid the money without further contest, and issued orders to its conductors to permit colored people to ride in its cars, an example that was followed by all the other street railroads in New York. The colored people, especially "The Colored People's Legal Rights Association," were very grateful to Mr. Arthur, and for years afterward they celebrated the anniversary of the day on which he won the case that asserted their rights in public conveyances.
When a lad, young Arthur had always taken a great interest in politics, and it is related of him that during the Clay-Polk campaign of 1844, while he and some of his companions were raising an ash pole in honor of Harry Clay, they were attacked by some Democratic boys, when young Arthur, who was the leader of the party, ordered a charge, and drove the young Democrats from the field with sore heads and subdued spirits. His first vote was cast in 1852 for Winfield Scott for President, and he identified himself with the Whigs of his ward when he located in New York City. In those days the best citizens served as inspectors of elections at the polls, and for some years Mr. Arthur served in that capacity at a voting-place in a carpenter's shop, which occupied the site of the present Fifth Avenue Hotel. When, in 1856, the Republican party was formed, Mr. Arthur was a prominent member of the Young Men's Vigilance Committee, which advocated the election of Fremont and Dayton. It was during this campaign that he became acquainted with Edwin D. Morgan, and gained his ardent life-long friendship.
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Animated by a military spirit, Mr. Arthur sought recreation by joining the volunteer militia of New York, and he was appointed judge-advocate-general on the staff of Brigadier-General Yates, who commanded the second brigade. The general was a strict disciplinarian, and required his field, line, and staff officers to meet weekly for drill and instruction. Mr. Arthur thus acquired the rudiments of a military education, and became acquainted with many of those who afterwards distinguished themselves as officers in the volunteer army of the Union.
General Arthur was married in 1859 to Ellen Lewis Herndon, of Fredericksburg, Virginia, a daughter of Captain William Lewis Herndon, of the United States Navy, who had gained honorable distinction when in command of the naval expedition sent to explore the river Amazon. His heroic death, in 1857, is recorded in history among those "names which will never be forgotten as long as there is remembrance in the world for fidelity unto death." In command of the steamer Central America, which went down, with a loss of three hundred and sixty lives, he stood at his post on the wheelhouse, and succeeded in having the women and children safely transferred to the boats, remaining himself to perish with his vessel. General Sherman has characterized this grand deed of unselfish devotion as the most heroic incident in our naval history. Mrs. Arthur was a lady of the highest culture, and in the varied relations of life—wife, mother, friend—she illustrated all that gives to womanhood its highest charm, and commands for it the purest homage. She died in 1880, after an illness of but three days, leaving a son and a daughter, with a large number of mourning friends, not only in society, of which she was an ornament, but among the poor and the distressed, whose wants and whose sufferings she had tenderly cared for.
When the Honorable Edward D. Morgan was elected Governor of the State of New York, he appointed Mr. Arthur engineer-in-chief on his staff, and when Fort Sumter was fired upon, the governor telegraphed to him to go to Albany, where he received orders to act as state quartermaster-general in the city of New York. General Arthur at once began to organize regiments,—uniform, arm, and equip them,—and send them to the defence of the capital. His capacity for leadership and organization was soon manifest. There was no lack of men or of money, but it needed organizing powers like his to mould them into disciplined form, to grasp the new issues with a master-hand, and to infuse earnestness and obedience into the citizens, suddenly transformed into soldiers. His accounts were kept in accordance with the army regulations, and their subsequent settlement with the United States, without deduction for unwarranted charges, was an easy task. It was by his exertions, to a great extent, that the Empire State was enabled to send to the front six hundred and ninety thousand men, nearly one fifth of the Grand Army of the Union.