Newspapers / The Charlotte Observer (Charlotte, … / Feb. 2, 1908, edition 1 / Page 17
Part of The Charlotte Observer (Charlotte, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
SECOND SECTION SECOND SECTION nut mmMm n n 1 ; SUM v 1 I Givffisum Leaders f tike Ga)mifdlersic7 By John Goodc, Former Member of the Oonfederfe Congrew. Vi VCDAH P. BENJAMDf. T: - i , My, acquaintance with this Highly gifted aid remarkable man commenc ed when he was transferred to the position ' of Secretary of War as a member of the Cabinet of Mr. Davis in 1882. The first time I met him we liftcu8ed the practice of law, attd in he course of the conversation he ask ed trie what we considered a good tee in my part of the country, to which - 3 replied that we considered (500 a very respectable fee. He smiled and -us id: "When I practiced law In New Orleans, if .a man employed me -1 charged him a retamer. - If he came , about the office much I charged him , reminder; "when J had done some work in the case I chargred him u. re f fresher, and when it was all over . I ''charged him a finisher." When the first Cabinet was organ ised by Mr. Davis, at Montgomery, Mr. Benjamin was appointed Attorney "General. In Augut,- 1861, '. be - was tary of War, and was appointed Sec retary Of Staite March 18th, 1862. - 1 AX ENGLISH JEW." 1 ' r He was born in St. Croix. West I n ,'dlfs. August 11, 1811, H1.S parents -.were English Jews, who, when on - their way to New Orleans were land ' ed at 8t. ?rolx. His boyhood -was i spent In Wilmington, N. C. to which - place his father removed. ; In 1825 he entered Tale College. He studied Taw" In New Orleans, and Was admitted to -the bar in 1832. He taught school. Rnd in 1834 he published a digest'of 'Orleans Territorial and Louhdana State court decisions. iHis rise in the profession wax exceedingly rapid, and - in 1840 he was admitted as a member of the lirm of Slldell. Benjamin & "onrad. He was elected as a Whig to the Constitutional Convention of Lou isiana; was attorney for the commis ' slon to Investigate Spanish land titles in California in 1847. and on his re turn o his home was admitted to practice in the Supreme Court of the - United States.- He was presidential elector at large rn 1848. and In 1852 . was chosen as a United States Senator. Ho was re-elected to a second term. ;ind remained a member until Febru ary, 18(1, when he withdrew from the Senate. He was., as I haVe said, a Whig in politics, and affiliated with the South' ern wing of that party, and supported the Kansas-Nebraska bill of Sir. Poi-las in 1854. Aftr th fall of Richmond he escaped from the coast of Florida in an open beat to the Ba hamas; from thence he went to Nas sau, and arrived in Liverpool in Sep tember, 1865. He immediately applied himself to the study of the English law, and In the summer of 18(6 was admitted to the English bar as a prac titioner. Afterwards he published a book on "The Law of Sale of Personal Property," which became at once the recocnleed authority on that subject In Ynrlarw1- Ifa aetitilrerl larri. arid profitable practice ' In the KngUh courts, ami- in June, 1875. was made Queen's counsel. In IS 82 hi retir.-d fmm prat-tice. pn account of failing fce&l'th, and waa given a farewell baa- 1. Its orgnaization vas the natural outgrowth of an already established and successful 4 business. 2. Being on a 3 1-2 per cent. legal reserve basis, and having an actual surplus to policy-holders of ' $405,441.21, it affords protection that protects. " 3; . It has as its Actuary one 'of the most eminent insurance experts in America. It makes no con tract that it cannot carry, out. It makes no pro vision that it cannot fulfill. , ' "GET E P. WHARTON." President. A. W. McAUSTER 1st Vice Pres. and Manager. A. M. SCALES, 2d Vice Pres. p; quet it the Inner Tempie in London in Jane. i 1883. Me went to Paris, at which place tie died in May, 1884. -: LAWYER.' AUTHOR. DIPLOMAT. Mr, Benjamin was unquestionably great as a diplomatist, great as an author, great as a lawyer, and great es an orator. His diplomatic corres pondence while Secretary of State in the- Cabinet of Mr. Davis is equal to any that has been published, and marles him as a man of extraordinary attainments. In this connection, refer ence Is made particularly, to his dip lomatic correspondence with General William Preston, envoy extraordinary and minister Tlenipotentiary -to Mex ico; to his diplomatic correspondence with Hon. John Slldell, minister at Paris; to Hon. A. WV Mann, minister at Brussels; to Hon. James M. Mason, minister at London, and to other. As an author, as I have already said, he occupied confessedly the front rank. -In his treatise on. the law .of salttof personal property, with refer enced to the -American decisions, and to-the French code and civil law, ho furnished to the profession a book which- has been universally recognized as of the highest authority by . the House 'of Lords and by his profession al -brethren of the bar throughout Nngland. - If he had done nothing else throughout his eventful career but produce' this book, that alone would have been sufficient to link his name with Immortality. It almost staggers belief , how ho. arriving In England as an exile from his home penniless and unknown, could, in so short a time. have carved his way to a great fortune and linked his name with those who stand pre-eminent for their genius,' talent and learning. ' As a lawyer, he seemed to under- j stand the most difficult and Intricate subjects as If by Intuition, When quite a young man he 'was sent aa an at torney to the commission to investi gate Spanish land titles In the State of California and upon hla return to his home was admitted to practice at the bar of the Supreme Court of the United States, and in that great forum his success was phenomenal. He walked across the corridor leading from the Senate chamber to the u preine ourt room, and, with utmost ease, translated Spanish and unravel ed the most -difficult land titles sub mitted to him. Perhaps no lawyer of his day occupied a higher position as a practitioner before the-bar of te highest judicial tribunal. A WONDKRFUL OnATOR. Aa an orator. 'as I have said, ho was pre-emlrteiit. His voice was music Itself, and as you listened you felt en chained by he charm of bis delivery and Inclined to cry out. as old Mr. William Pope did, in the countv of Fluvanna, In Virginia, on a similar occasion. It is said that William Wirt was once employed by Sir. Poje to as ii him In the trial of an Important will case. Mr. Wirt "made a great speech.'. occupying three and a half hours, and when he sat down- the en tranced . roulfltude stood listening t- catch the last receding tones of his voice aa U died away is the court THE THE BEST room, as if they were listemlng to tones of far-off music' Just then a littlo county court lawyer, who had been waiting impatiently for an op portunity to address the court, jump ed up, and in a shrill, squeaking voice said: - ' "If the court please, ! desire to take Judgment on a delivery bond." iMr. Pope could not restrain himself, but seizing a law book 'and throwing H at the young man's head, exclaimed; -Kill him. plague-on him; kill him." The last time 1 ever heard Mr. Ben jamin make a speech waa on a very exciting occasion at the African church In the city of Richmond. The commissioners to the Hampton Roads conference had returned and reported their failure. . They had made known the fact that the United States author ities declined to accept any terms of negotiation except unconditional sub mission. A great meeting was called to consider the situation, which was nddressed by Mr. Jefferson ' Davis. Hon. .Judatt P Benjamin 'onJ Hon. Gustavua A. Henry, the eagle orator of Tennessee. The audience was wrought up to a very high pitch, and' it seemed as If the members were wil ling to go at once to the trenches to, meet the enemy and pour out their life's blood .as a free libation to liber ty. The speech of Mr. Benjamin still lingers in my memory, and will con tinue do so until my brain shall fail to perform Its functions. TRIBUTES TO BENJAMIN. In an article entitled "Judah P. Benjamin, , Statesman and Jurist," published by Max. J. Kohler, of New York City, the writer says:. "Odious as comparisons usually are, and un scientific as characterisation In su perlatives is commonly found to bo, I venture to describe Judah P. Benja min as the most distinguished atates- man, orator and lawyer that Ameri can Jewry has produced. It is pri marily as a etateman that Benjamin will live for posterity, for the lawyer seldom lives in history apart from the Jurisprudence he may have aided in developing, while the fame of the ora tor Is most evanescent and fleeting, and rarely Is more than a memory for subsequent generations." A few nf the marry sober character izations of Benjamin as a statesman, published now, when time has given us a fair perspective, are therefore of articular interest. Mr. Justice Brew er, of the - United States Supreme Court, recemyy said of him: "Benja min was called the brains of the Con federacy, and In acutenesa of Intellect he probably surpassed most. men of bis time." , - ' Mr. James Schouler. in his "History of the United States." said of him: "Contemporaries have said at the out set that Toombs, of Georgia, waa the brains of the Confederacy; but that tKle. as events developed, belonged rather to Attorney General Benjamin, the ablest, most versatile and the mont constant of all Davis' ciil counsel ors." " " Concerning his position aa a lawyer, It will suffice to say that he was re garded as tho ablest lawyer of the South already in 18(2. when he whs elected to the Unltej States Senate, that he was offered tha attorney gen eralship of the United States by one President and nominated to a scat on the Supreme Court bench by another, and haj become one of the recognized leaders of the American bar th year before he began life at tho bottom of the Udder at the EngUch bar la 1866. GREENSBORO, N. C. - .REASONS . sound -; . , 1. " The policy-holder 's interest is . the one con sideration in its management. , V . " ' 2. It does not spend the surplus on your policy to get big business, but gives it to you as a divi- f deiid. ' ' ' . . : 3. It realizes that one satisfied policy-holder means more ultimate? success than a dozen, dis-' awiointed ones, and that the mission of an insur ance company is one of trust and service. The Actuary of the.. State Insurance ' Depart-; mcnt has checked up e very security of the Com pany and the Insurance Commissioner has evi-, denccd his satisfaction at the result , as follows:' "I wish to congratulate you on the condition of your company as shown by this report as well a3 the efficient and conservative policy under which it is conducted." IT IS ALWAYS THE CHEAPEST." . rOFFWBRSi ROBT. J. MEBANE, 3d DAVID WHITE. Secretary. C. W; MILLER. Assktant MflrntrAr THOS. R. LITTLE, Medical Director. J. W. BRAWLEY, Supt. of Agents. from which he retired In 1882 as lis acknowledged leader, in the possession of an Income of over $100,000 a year, and the author of one of the ablest law treatises of our English Jurlspru-. denee. ", The late J. L. M. Curry, on of his most scholarly associates at tho helm of the Confederacy. In writing of him in 1901, says: "In the Supreme Court of the United SJates he could fitly be compared with Wirt. Plnchney, Cart er and Choate, and a learned Scotch judge, Lord Shand, told mo some years ago In Seville, that he stood, at the head of the English bar." "7 THE DRKD SCOTT CASE. He is Included as one of the world's masters of oratory In both Professor Guy Carlton L e's "The World's Best Orators" and in Mr.; Justice Brewer's "The World's Best Orations." Mr. Curry says of him: "His magnificent speech in the Senate in reply to Se ward on tho Dred Scott decision was a masterpiece of polemic discussion, and placed him in the forsmoat rank of tho-parliamentary orators of our time. Calm and courteous In nuniiur, with a voice as musical as silver bells, with a marvelous lucidity of statement and power of analysis, with minutest acquaintance with every detail of facts and principles, with mercilesa logic exposing sophistry In precise . lan guage, : charging ( misrepresentation, evasion and perversion, every sen tence a rapier thrust, bringing blood, holding auditors, friends and foe, in breathless attention, he added a new lustre to the great eatmcll chamber, where, for fifty -years,- has been the theatre of oratory and atatexman shlp." - Henry L. Dawes has well classed him with Summer and Beecher, Wen dell Phillips, Yancey and Breckeii rldge, as having ntlrred multitudes, aroused passions and fired the, public heart in terms not less eloquent than the loftiest productions of Fox or PHI, of Tatrick Henry or, John , Ad-j ams. j Dr. Lee adds concerning him tho J following: "A master of easy, fluent j English, be was at his best when, la ! philosophical discovery, his, rounded period and sequent thought,,'emlnent ly fitting him for this department of oratory. Prominent as ho was, as a lawyer, as an occasional - orator, he was yet more brilliant, and it is In this manner that he Is best remembered In his native State." One of the most Important of bis early cases was connected with a noto rious International question between thf United States and Great Britain, known as the. "Creole Case." A ves sel, while engaged In the coasting slave trade, was thken possession of by a number of slaves on board, who mutinied, killed some of theofficials, and took the vcs'l Into the British rort'of Nassau. Here tno Urltlth an--, thorltles reWsed all the slaves on board, except such as were actually charged with murder, on the plea that slavery could not exist on British soil. Our government made demands ion England for damages, which were finally adjusted by the treaty of 1st:. PITTED AtfAlNtfT BLACK. Mrr BenJmfn was admitted to practlee during the October term of 1848 before the Supreme Court f the United States. Senator Wit. of Mis souri, in a recent biographij-al sketrh, mentions the fact th-it Judge' Jere miah S. Black was Mr. l'.enj.tmlrt's adversary in bis first catto be lure tho SUCCE Vice Pres. D. P. FACKLER. Actuarr. Supreme Court, and that Mr. Jutlei Field had told him that when the court (ook Its recess after Mr. Benjamin naj stated his case. Justice Field mid o Judge Black as ho pa-sscd him: "You had better look to your biurets. for that littlo Jew from New Orleans has stated your raso out of court." Senator Vest says that Dennis Mur phy, (he official reporter of tho Senate for forty years, told him at the com mencement of his term. In answer t an Inquiry who was the ablest and l"st equipped Senator he had known, (hat It whs Juduh P. Ucnamln; not that ho meant that ho Vas the great est political leader of stutesman whom 4i liud known, but that bo believed him to bo the most accomplished and best equipped public man be had ever met. Senator Vest says of him also: 'Jn one respect he was the most re markable man I have ever known. He was capable of performing the Intel lectual labor of a dosen ordinary men. and told me once that he had never known what It fa to bo fatigued by professional or official duties." It ) known that it whs his rule during tho war to go to his office at N a, m. and remain there, with 'only short Intervals of rest, until 1 or 2 of the next morning. James O. Blaine, in his "Twenty Years In-Congress." has moit aptly summarized Mr. Ben jamin's political activities In describ ing htm as the author of the doctrino that the Federal government la, call ed upon to protect slave property. - Al most all of Mr. Benjamin's political speeches, from the time of his advent to the Senate, were connected with the question. JIIS DISINTERESTED PATRIOTISM. As an Illustration of hi unselfish, disinterested patriotism, the story Is told that, as Is well known, he waa wvcrcly criticized for hi Conduct of the campaign around Roanoke Island In JKS2, white Secretary of War of the Confederate suites, though Presi dent. Davis defied public opinion by promoting him to the position of Sec retary of State at tho very time that he retired from the war portfolio in consequence of the censure of a con gresrlonat Investigating committee. long after Hie, event Mr. Benjamin, In a private letter to a friend, explain ed the circumstances. He had found that be could not justify himself be fore the commission; without betraying the unknown dearth of ammunition which the Cofederate forces suffered from at the time and the discovery of which would have been nulte certain to have reiiched tha ears of the en emy. So Benjamin, with the crm-nt of Pavls, sacrificed himself and with held evidence which would have clear ed him before tha commission an1 tbe country. - , ArMn, Is well known that In ord f, t y prevent mr.cli heart-burning and c rimination, one of his lut acts liefore the government left Richmond In April; 1832, was lo destroy th bulk of tho secret service papers ' of the Confederacy. 1 - Ilia DE8EKTION OF WHkWerY. " An Illustration of Mr. Benjamin's style of senatorial eloquence, the fol lowing extract of a -ti made on the Kansas question, delivered In the Senate May 2d. Ij6. Is herewith fur r.lfthrd. It wilt be obwrvrd that In tht speech be gives his reasons for joining the Democratic party. It Will !e remembered thiit bo had been theretofore a Whig: "Mr, president, with stbat Justice, U4 ' ti Si 1. It' has made a record that has seld6nrteen equaled, having increased its surplus to policy holders in three and a half years over 100 per cent.; while the yearly increase in insurance written has averaged over 60 per cent. ' 4 2. It is conducting its business with unprece dented economy, as shown by the above results. 3. Its plan of operat ion and facilities for invest " ment give it the- largest net rate of interest on its holdings of any Life In surance Company ' in the country. As a result of the policy outlined above the Southern Life and Trust Company has taken its placo at the heaij of the dividend paying companies of America. itb what propriety, can a parly thus illvldiv). on mtloi.Ht principles rlulm for Itself the tNl of 'national?' The continuance of its organisation can do no good. It Is powerless for aught but mischief. It may succeed now In subserving the pui-pone of promoting the Interests of thut party, whose ack nowledged leaders on thia Moor are tho honorable Senator from New York, end the two honorable Senators from Massachusetts It can subserve no other purpose. "And now, sir, when the struggle is narrowed down to a contest between the Democratic and Republican par ties. I should be recreant to my trust recreant to every principle of duty and feeling of patriotism If I al lowed my conduct to bo influenced by the memory of past party ties, or past party prejudices. On that question, whose paramount Importance, over shadows all others, the Democratic platform Is Identical with that of tho old Whig party; and In declaring my adhesion to the former, 1 but change name, and principle. I, sir, therefore, declare my purpose to join the Demo cratic party. I declare my Intention to uso tho utmost effort of my feeble abilities to Insure Its success. In Its triumph as triumph It assuredly will the Constitution of tny country will bo secured from dangers with which it Is menaced; kind and brotherly feelings amongst the people of all sec tions of the Confederacy will be re stored; religious Intolerance will bo rebuked; the equality of the States, the keystone of the arch. of the gov ernment fabric, will b preserved' In (act; and peace, prosperity, and hap piness will smile upon the land." HIS FAREWELL TO THE SENATE. Upon the retirement of Mr. Benja min from the Senate In February. 1861, he closed his address wHh the following touching and beautiful sen tences: "And now to you. Mr. President and Jo my brother Senators, on all sides of this chamber. I bid respect ful farewell; with many of those from whom I have buen radically separat ed In political sentiment, my personal relations have been kindly, and have Inspired me with a respect and esteem that X shall not willingly forget; with those around me from the southern States, I part as men part from broth c rs on tho eve of a temporary absence. wth a cordial pressure of the hand and a smiling assurance of the speedy renewal of sweet Intercourse around, the family hearth. "But to you, nob!e and generous friends, who, born beneath other skies, posses hearts that beat In sym- 1 pathy with ours; to you, who, solicit- 1 ed and assailed by motives the most powerful that could appeal in selfish natures, have noby spurUad them all; to you who. In our behalf, have bared your breasts to the fierce beatings of the storm, and made willing sacrifice of llfo's most glittering prize in your devotion to constitutional liberty; to you, who have made our cause, and from many of whom. I feel I part for ever, what shall 1. can I wy? Nought. 1 know and feet, la neded for mywlf ; but this I will say for the people- In whose name 1 speak to-day; whether prosperous or adverse fortune await you, one priceless treasure Is yours the assurance that an entire people honor your names, and bold them In grateful and affectionate memory. "But with atlil sweeter and more touching return shall your unslU devotion be rewarded. When, In after days, tho story of the present shall h I written; when history shall have pass- rd her stern sentence on the erring men who nave driven their unoffend ing brethren from the shelter of their common home, your name will derive fresh lustre from the contrast; and when your children shall hear repeat ed the familiar tale. It will be with glowing cheek and kindling eye, their very souls will stand a-tlptoe as their sires are named, and they will glory In their lineage from men of spirit as generous and of patriotism aa high hearted ever Illustrated or adorned the American Senate.' Why Ar Scotchmen Red-haired. London Tit-Bit. r'ome was has declared that It in the heal of Sandy temper which' Impart the red hue to his lock This assertion, however, ha been indlg- nantly repudiated, and the explanation offered that the reason why there are- something like 224,009 red-halrvd-Scotchmen for 5 per cent, of the total population! In t'al Caledonia to-day W simply because unburn hair I a ra cial fe.it urv just a we find a pre dominance of blonde In Germany and Sweden and brunettes In Italy. ' Scientists eem to give no lucid ex planation of these peculiarities of na tional characteristics beyond connect-' Ing different color hair with different colored-skin. Whatever the real ex-' plan-atlon might be however. lr-would seem that tho farther North on gies In Scotland the more red-haired na tive are to' be found. North f the Grampians red-haired Scots are a!-.' mint a numerous a tbe petals on tto heather, while, alas and. ancck's! thero la Scotland the more red-haired mi-. mate in the . lunatic asylums of tho norfheast'of Scotland. Not tha It i suggested for one mo-' ment that auburn lock are a sign of insanity. But, patroitic Scotsman Ihought he is, Mr. J. F. Tocher, f . Petorhead. In hi address on "Colored Characters," at the recent annual congren of the Educttinal Institute of Scotland. waj obliged to point out this melancholy fact. . An Air Ship of 1709. , London Answer. In these day of dirigible balloons, air ships, and aeroplanes, the follow ing account of n air ship, taken from the Evening Post for December 23. 1T0J. U of Interest; "Father Bartholomew Laurent :ir that he hat found out an Invention by the help of which one may more speedily travel through the air than any other way, either by land or sea, so that one may go 200 mile In it hours." Tho air ship. hk'h waa to aoi-cn-pllfh this astonishing feat, had at Ih top "wills wherewith the air is to t divided, was a rudder to direct t ' vessel's course, and the body w "formed at both enJa scallop ise. I . the cavity of each Is a parr of be!! a -. hl,-h mut be blown when there i h, alnd. Two loadstone, some Urge amV beada. nd variju- ssother Item. ,ii lad some mterlou part t p' y n this attenvpt t tr.t verse t'e air This is perr.!,." t'i. !! .-: tr:nr.!: nnrv cf all - ;.. M w- ccrd.
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 2, 1908, edition 1
17
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75