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His colleague, Mr. Williams of Mississippi, after Walthall's death, described the Southern gentleman of our time in a sentence which deserves to stand by the side of Chaucer's:

"The ideal gentleman was always honest; spoke the truth; faced his enemy; fought him, if necessary; never quarrelled with him nor talked about him; rode well; shot well; used chaste and correct English; insulted no man-bore no insult from any; was studiously kind to his inferiors, especially to his slaves; cordial and hospitable to his equals; courteous to his superiors, if he acknowledged any; he scorned a demagogue, but loved his people."

I do not undertake to draw his portraiture. I suppose that whoever does that must describe a great soldier and a great lawyer, as well as a great Senator. I only state what I saw of him in the Senate Chamber. It was said of him by. an eminent Republican Senator, his associate on the Committee on Military Affairs, that in dealing with questions which affected the right of Union soldiers, or growing out of service to the Union during the Civil War, no stranger could have discovered on which side of that great war he had ranged himself.

CHAPTER XVII

CUSHMAN KELLOGG DAVIS

I REPRINT here a paper read before the American Antiquarian Society shortly after Mr. Davis's death.

Cushman Kellogg Davis was born at Henderson, Jefferson County, New York, June 16, 1838, and died at St. Paul, Minnesota, November 27, 1900. On his mother's side he was descended from Robert Cushman and Mary Allerton, the last survivor of the company which came over in the Mayflower. He was graduated at the University of Michigan in 1857, and admitted to the Bar shortly before the breaking out of the Civil War. He enlisted at the beginning of the War and served as First Lieutenant of Company B, Eighth Wisconsin Regiment, until 1864, when he was compelled by physical infirmity to resign his commission. He was an excellent soldier. He sustained an injury to one of his eyes, which caused him much pain through life, until a few years before his death he lost the sight of that eye altogether.

After his return from the war, he began the practice of the law anew, in which he gained great distinction. For many years, and until his death, he was the acknowledged leader of the Bar of his State. He was a member of the State Legislature of Minnesota in 1867, United States District Attorney from 1868 till 1873, and Governor of the State in 1874 and 1875. He was one of the Regents of the State University of Minnesota from 1892 to 1898. In 1887 he was elected United States Senator, and reelected in 1893 and 1899. He held the office of Senator until his death. He was Chairman of the Committee on Foreign Relations from March, 1897, till his death. He was one of the Commissioners who negotiated the Treaty of Paris with Spain.

He was a great lover of books, of which he had a costly collection. He knew Shakespeare very thoroughly, and was the author of a book called "The Law of Shakespeare."

He was also a zealous and thorough student of the career of Napoleon, whose civic and military career he greatly admired. His mind was a marvellous storehouse of literary gems which were unknown to most scholars, but rewarded his diligent search and loving study of his books. Many good stories are told by his companions of the Bar and in public life of his apt quotations. It is said that he once defended a Judge in an impeachment case. The point involved was the power of the court to punish for contempt, and Davis quoted in support of his position the splendid and well-known lines of Henry the Fourth, in the famous scene where the Chief Justice punishes the Prince of Wales for contempt of the judicial office and authority. For this anecdote, the writer is indebted to Senator Lodge. In the Senate, during the Hawaiian debate, he quoted this passage from Juvenal:

Sed quo cecidit sub crimine; quisnam

Delator? quibus judiciis; quo teste probavit ?
Nil horum; verbosa et grandis epistola venit
A Capreis. Bene habet; nul plus interrogo.

He then proceeded:

"My friend from Massachusetts (Mr. Hoar) requests me to translate that. He does not need it, of course. But another Senator (Mr. Washburn) suggests that some of the rest of us do. I will not attempt to give a literal translation, but I will give an accurate paraphrase, which will show its application 'Into what crime has he fallen? By what informer has he been accused? What judge has passed upon him? What witness has testified against him? Not one or any of these. A verbose and turgid message has come over from Capri. That settles it. I will interrogate no further.'"'

The most ardent admirers of the then President, Mr. Cleveland, could not help joining in the laugh.

Mr. Davis took great delight in his descent from the early settlers of Plymouth, and valued exceedingly the good will of the people of Massachusetts. The members of the Society who were fortunate enough to meet him will not forget their delight in his pleasant companionship, when he visited Massachusetts a few years ago to attend our meeting and contribute a paper to our Proceedings. He had hoped to repeat the visit.

I prefer, instead of undertaking to complete this imperfect sketch by a new portraiture of my honored friend, to add what I said in the Senate, when the loss of Mr. Davis was still recent:

"Mr. PRESIDENT: There is no Senator who would not be glad to lay a wreath of honor and affection on the monument of Cushman K. Davis. That, however, is more especially the right of his colleague and his successor and the members of the great Committee where he won so much of his fame. I ought to say but a few words.

"The Senate, as its name implies, has been from the beginning, with few exceptions, an assembly of old men. In the course of nature many of its members die in office. That has been true of thirty-eight Senators since I came to the Capitol. Others, a yet larger number, die soon after they leave office. Of the men with whom I have served in this Chamber fifty-eight more are now dead, making in all ninetysix, enough and to spare to organize another Senate elsewhere. To that number has been added every Vice-President but two. Upon those who have died in office eulogies have been pronounced in this Chamber and in the House. The speakers have obeyed the rule demanded by the decencies of funeral occasions-nil de mortuis nisi bonum-if not the command born of a tenderer pity for human frailtyjam parce sepulto. But in general, with scarcely an exception, the portraitures have been true and faithful. They prove that the people of the American States, speaking through their legislative assemblies, are not likely to select men to represent them in this august assembly who are lacking in high qualities either of intellect or of character.

However that may be, it is surely true of Mr. Davis that whatever has been or will be said of him to-day, or was said of him when the news of his death first shocked the country, is just what would have been said when he was alive by any man who knew him. I have served with him here nearly fourteen years. I have agreed with him and I have differed from him in regard to matters of great pith and moment which deeply stirred the feelings of the people, as they did mine, and doubtless did his own. I never heard any man speak of him but with respect and kindness.

"Of course, Mr. President, in this great century which is just over, when our Republic-this infant Hercules-has been growing from its cradle to its still youthful manhood, the greatest place for a live man has been that of a soldier in time of war and that of a statesman in time of peace. Cushman K. Davis was both. He did a man's full duty in both. No man values more than I do the function of the man of letters. No man reveres more than I do the man of genius who in a loving and reverent way writes the history of a great people, or the poet from whose lyre comes the inspiration which induces heroic action in war and peace. But I do not admit that the title of the historian or that of the poet to the gratitude and affection of mankind is greater than that of the soldier who saves nations, or that of the statesman who creates or preserves them, or who makes them great. I have no patience when I read that famous speech of Gladstone, he and Tennyson being together on a journey, when he modestly puts Mr. Tennyson's title to the gratitude of mankind far above his own. Gladstone, then Prime Minister, declared that Tennyson would be remembered long after he was forgotten. That may be true. But whether a man be remembered or whether he be forgotten; whether his work be appreciated or no; whether his work be known or unknown at the time it is accomplished, is not the test of its greatness or its value to mankind. The man who keeps this moral being, or helps to keep this moral being we call a State in the paths of justice and righteousness and happiness, the direct effect of whose action is felt in the comfort and happiness and moral life of millions upon millions

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