Mr. Webster replied, that the time was wanting for a full discussion of the question; but if it would be agreeable to the President, he would put them in writing and send them to him. He did so. These opinions, expressing fully Mr. Webster's views, were handed to Mr. Livingston, who, approving them, made a few verbal alterations, and submitted the document, which was issued as the President's proclamation. The doctrines politically enunciated in this paper are identical with those entertained in the great speech of Mr. Webster, in the famous contest with Robert T. Hayne, on Foote's Resolutions, some years before; and are eminently Federal. They came like midnight at noon upon the States-Rights men of the South, and a Virginian, wherever found, groaned as he read them.
Mr. Livingston, though a Jeffersonian Democrat in his early life, and now a Jackson Democrat, held very strong Federal notions in regard to the relations between the States and the United States Government, and was disposed to have these sanctioned by the adoption of General Jackson.
Jackson, probably, never read this paper; and if he did, did not exactly comprehend its tenor; for General Jackson's political opinions were never very fixed or clear. What he willed, he executed, and though it cut across the Constitution, or the laws, his friends and followers threw up their caps and cheered him.
Mr. Livingston was charged with the delicate duty of discussing the claims of our Government, representing its citizens, for spoliations committed upon our commerce under the celebrated Milan and Berlin decrees of Napoleon, and, backed by the determination of Jackson, happily succeeded in finally settling this vexatious question. A sum was agreed upon, and paid into the United States Treasury; but if I am not mistaken, none, or very little of it, has ever reached the hands of the sufferers. Upon the proof of the justice of their claims, France was compelled to pay them to the Government; but now the Government wants additional proof of this same fact, before the money is paid over to them.
Mr. Livingston's learning was varied and extensive; he was a fine classical scholar, and equally as accomplished in belles-lettres. In the literature of France, Germany, and Spain he was quite as well versed as in that of his native tongue. His historical knowledge was more extensive and more accurate than that of any public man of the day, except, perhaps, Mr. Benton. At the Bar, he met those eminent jurists, Grymes, Lilly, Brown, and Mazereau, and successfully. This is great praise, for nowhere, in any city or country, were to be found their superiors in talent and legal lore.
Livingston never had the full confidence of his party, and perhaps with the exception of General Jackson, that of any individual. In moneyed matters, he was eminently unreliable; but all admitted his great abilities. In social qualities, he was entirely deficient. He had no powers of attraction to collect about him friends, or to attach even his political partisans. These were proud of his talents, and felt honored in his representation, and with the rest of the world honored and admired the statesman, while they despised the man. He was illiberal, without generosity, unsocial, and soulless, with every attribute of mind to be admired, without one quality of the heart to be loved. In person he was tall and slender, and without grace in his movements, or dignity in his manners. With a most intellectual face, his brow was extremely arched, his eye gray, and his prominent forehead narrow but high and receding; his mouth was large and well formed, and was as uncertain and restless as his eye. No one could mistake from his face the talent of the man; yet there lurked through its every feature an unpleasant something, which forced an unfavorable opinion of the individual. Mr. Livingston lived very many years in Louisiana, and rendered her great services in codifying her laws, and making them clear and easy of comprehension. He shed lustre upon her name, by his eminent abilities as a jurist and statesman, and thus has identified his name most prominently with her history. But without those shining qualities which clasp to the heart in devoted affection the great man, and which constitute one great essential of true greatness. And now that he is in the grave, he is remembered with cold respect alone.
Stephen Mazereau was a Frenchman, a Parisian, and a lawyer there of the first eminence. When about to emigrate to Madrid, in Spain, the Bar of his native city presented him with a splendid set of silver, in respect for his position as a lawyer and his virtues as a man. He remained ten years in Spain's capital, and was at the head of the Bar of that city; and when leaving it to come to New Orleans, received a similar testimonial from his brethren there to his worth and talents. Immediately upon coming to New Orleans, he commenced the practice of the law, and at once took rank with Livingston, Lilly, Brown, and Grymes, who, though then a very young man, had already gained eminence in his profession.
Mr. Mazereau, except giving his State, in the Legislature, the benefit of his abilities, avoided politics, confining himself exclusively to his profession. In the argument of great questions before the Supreme Court of the State between these eminent jurists, was to be seen the combat of giants. Mazereau was a short, stout man, with an enormous head, which made his appearance singularly unique. In his arguments he was considerate, cautious, and eminently learned. Sometimes he would address the people on great political questions, and then all the fervor of the Frenchman would burst forth in eloquent and impressive appeals. I remember hearing him, when he was old, address an immense gathering of the people. He looked over the crowd, when he rose, and said: "I see three nations before me. Americans, I shall speak to you first. Frenchmen, to you next—and to you, my Spanish friends, last. I shall probably occupy two hours with each of you. It will be the same speech; so you who do not understand the English language, need not remain. You who understand French, may return when I shall dismiss these Americans—and you, my Spanish friends, when I am through with these Frenchmen." This he fulfilled to the letter in a six-hours' speech, and I never knew a political speech effect so much.
For many years he was attorney-general of the State, and legal adviser and counsellor of the Governor. Although his practice was eminently profitable, he was so careless and extravagant in money matters, that he was always poor and necessitous, especially in his old age.
It really seems one of the attributes of genius to be indifferent to this world's goods, and when time and labor have done their work, and the imbecility of years obscures its brilliancy, to droop neglected, and, if not in want, in despised poverty. Such was the fate for a short time of this great man—but only for a short time. His powerful intellect retained its vigor, and his brilliant wit all its edges, to within a little while of his death. Sadly I turn back, in memory, to the day he communicated to me that his necessities would compel him to dispose of the beautiful and valuable testimonials of the Bar of two proud nations to his character and abilities. His great intellect was beginning to fade out; but, as the sun, declining to rest canopied with increasing clouds, will sometimes pierce through the interstices of the dark masses, and dart for a moment the intensity of his light upon the earth, the mind of Mazereau would flash in all its youthful grandeur and power from the dimness that was darkening it out.