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SPEECHES AND OCCASIONAL WRTTTNOS,

BY HENRY J, BO WEN,

PHILADELPHIA: WILLIAM MARSHALL AND COMPANY,

MDCGCXXXV.

Entered according to Act of Congress, in the year One Thousand, Eight Hundred and Thirty-Five, by Marshall, Brown & Co. in the Clerk's Office of the District Court of the District of Rhode-Island.

Providence:

PRINTED BY WREDEN & CORY, No. 9, Market-square.

Preface

It occurred to the Author, many months ago, that a selection from the Speeches and Occasional Writings of Mr. Burges, would comprise a volume of interest, to the scholar, statesman, and man of taste. It was his original design, merely to make a copious selection ; but, during the prosecution of that design, he thought a record of some of the events in Mr. Burges's life, might impart additional value to the work. This has, accordingly, been added. The peculiar traits of private character, and much other matter, which might have been introduced in that Sketch, have been necessarily omitted ; because we cannot speak of the living as of the dead. A pall is thrown over the foibles of the departed ; and their virtues and graces only are unfolded for our admiration. But all realize, that such drapery conceals not the forms and features of the living, from our searching gaze. When we write of them, the pen must be lightly plumed, and trace only the outlines of their history. This has been our simple aim, in the preparation of this volume. We have spoken of Mr. Burges, only so far as we might more clearly illustrate from his education, habits, and general character, the workings of his mind, and the results of the circumstances in which he has been placed.

IV PREFACE.

The work, therefore, in its arrangement, is divided into two parts : The first presents an account of some of the incidents in his life, with selections from his Occasional Writings : the second contains some of his Speeches in the Congress of the United States. These Writings and Speeches are rich in classical allusions, apt and beautiful ; the principles and details are liberal and exact; and the range of thought, such as flows only from a clear fountain. The volume has been prepared during professional avocations, and of course amid many interruptions. Whatever errors and defects may be noted, must be overlooked. If it impart knowledge and interest to one inquisitive mind, the Author will be content. To the scholar and statesman, it offers fine specimens of eloquence and truth, with valuable commentaries on our American Institutions.

Providence, February, 1835.

Table Of Contents

Introduction Page 9.

Chapter I

Mr. Burges's family and birth. — His early habits and education. — His friends and companions. — Ships as a cooper on board a whaling vessel. — The voyage is abandoned. — Contemplates the study of Medicine. . . . Page 13.

Chapter II

Commences the study of Medicine. — Attends school in Wrentham. — Is attacked by sickness, and goes home. — Relinquishes the study of Medicine. — Returns to school. — His father dies. — Notice of him. — Opens a school in the neighborhood of Rochester. — Again goes to school at Wrentham. — Attempts speaking on the stage. — Obstacles to his success. — Means employed to overcome them. — Enters Rhode-Island College as a Sophomore, in 1793. — Incidents of College life. — Pecuniary difficulties, and unexpected relief. — Graduates in 1796. — Oration at Commencement, with the Valedictory Addresses Page 20.

Chapter III

Opens a school in Providence. — Reads law with Judge Barnes. — The lottery ticket, and its result. — Admitted to practice in Rhode-Island, in 1799. — His marriage. — His standing at the Bar. — Sketches of the Rhode-Island Bar. — David Howell. — James Burrill, Jun. — Asher Robbins. — William Hunter. —

Samuel W. Bridgham. Philip Crapo. Benjamin Hazard. Nathaniel

Searle Page 35.

Chapter IV

Becomes interested in politics. — Delivers an Oration on the 4th of July, 1S10. Is elected a Member of the Legislature of Rhode-Island. — Succeeds Mr. Burrill as Chief Justice of the State. — His character as a Judge. — Is appointed a Professor in Brown University. — Party Spirit. — Is elected a Member of Congress. — Account of his first Speech Page 49.

VI C o N T E N T S.

CHAPTEE V.

Death of Mr. Burges's daughter. — lie is re-elected to Congress. — Death of his other daughters. — He speaks on the Revolutionary Claims. — Mr. Mallary's Resolution. — He replies to Mr. McDuffie. — Address before the American Institute of New-York. — Death of his son Page 57.

CHAPTER vi

The claim of M. D'Auterive. — The debate upon it. — Mr. Burges's Speech. — Extracts Page (i9.

Chapter VII

John Randolph. — He interrupts Mr. Burges while speaking. — Reply of the latter. — Debate continued the next day by Mr. Burges. — He comments on a Speech made by Mr. Randolph on the same Resolution. . . . Page 92.

Chapter VIII

Mr. McDuffie. — Mr. Burges replies to a Speech made by him on the Tariff. Rage 105.

Chapter IX

Mr. Burges is re-elected to Congress. — Chief Justice Eddy. — Aspect of Parties. — Speech on the Amendment to the Appropriation Bill. — Dinner to Mr. Burges from his Constituents. — He Addresses them. — His Oration at Providence. — Extracts. — His Oration before one of the Literary Societies at Providence. — Extracts Page 122.

Chapter X

Resolution for the Removal of Washington's Remains. — Mr. Burges advocates it. — Account of his Speech. — Mr. Mallary's Resolution. — Speech. — Memorial in relation to the American Colonization Society. — He is attacked by Mr. Blair. — Replies to him . Page 133.

Chapter XI

Trial of Governor Houston before the House of Representatives, for an assault on Mr. Stanberry. — Speech of Mr. Burges. . Page 142.

Chapter XII

Mr. Burges submits Resolutions on the Tariff. — Speaks on Mr. A'erplanck's Bill on tho Tariff. — Extracts from his Speech Page 158.

CHATTER XIII.

Speech of Mr. Burges on the Tariff. — Nullification in South Carolina. — The Revenue Bill. — The President's Proclamation. — Mr. Clay, and his Compromise Bill. — Mr. Burges's Address to his constituents. — He is re-elected to Congress. — His opinions concerning Slavery Page 174.

CONTENTS. VII

Conclusion Page 185.

PART II.— SPEECHES. Speech on the Judiciary Page 195

Speech on the Revolutionary Army Bill Page 218.

Speech on the Appropriation Bill P a g e 249.

Speech on the Appropriation Bill Page 259.

Speech on the Removal of the Remains of Washington. . . . Page 312.

Speech on the Removal of the Public Deposites Page 318.

Introduction

This volume contains a familiar sketch of the life of Tristam Burges : a man who has risen from obscurity, to honorable distinction ; who has filled important stations ; and who is now numbered among our patriots and statesmen. His life abounds in those incidents which mark the progress of a fine intellect and an ambitious spirit; and which powerfully illustrate the simple and noble character of republican institutions. It tells in one respect, the same tale which has been told of other statesmen — how they have risen by the force of their own exertions, to high stations of honor and of fame.

Various opinions have been expressed, of the value of biographies of living men. They are generally considered of great value ; because they present living illustrations of manners, character, principles and mind. When we are conversant with tbe education of a citizen, and with the means pursued by him to attain distinction, we are apt to feel, and to express, greater confidence in his integrity and conduct. Besides, and what is of more importance, the biography of the living may be studied by the young, and thus excite ambition, and inspire a love of true glory. The citizen is moving before us in his exalted sphere, urging the adoption of measures favorable to the progress and happiness of his country, and pleading for the rights and freedom of mankind. History may tell of battles fought and won on the land and on the ocean — of philosophers, poets, statesmen, and warriors, and all the mighty energies called into being by them ; yet, that history may not arouse the ambition, and move the desire to excel, like the story of a living man ;

B

* INTRODUCTION.

who is exhibiting to our own senses the trophies of genius, the power of eloquence, the utility of philosophy, the beauties of poetry, the truths of government, and the triumphs of religion. — The dying Roman said, "Virtue is hut a name." It is indeed, no more, "if human breath can make or mar it." And thus it is with the biography of a living man. It is of no higher use than fiction, and worthy only the name of fiction, if it fails to relate with accuracy and fidelity the achievements of mind, and of virtue, and then of their rewards. In this connection it may be read, and impart the best practical instruction ; because, it is like "a strong, still, central fire," warming into beauty the products of genius and truth.

The peculiar position of our country is a reason why the lives and opinions of eminent men, should be collected in a form, calculated to disseminate their influence. We are often charged with national vanity and presumption, because we boast of republican institutions, and the freedom extended by them to every quarter of the Union. We do boast of that freedom. We wish that its animating spirit may be felt, as it has been elsewhere, so that every throne shall totter upon its base, every dynasty be destroyed,, and the name of Libert)^ inscribed on eA^ery national banner. The utility of our institutions, and the freedom which is our peculiar glory, cannot be more powerfully illustrated, than by a history of the lives, and a general expression of the opinions of men, who breathe the spirit of that liberty and labor to diffuse it every where. The world, if it chooses, can thus learn our history, and from it draw lessons of instruction. For, let it be remembered, the lives of such men, are a part of that history. They devise the measures, inculcate the opinions, advocate, explain, and give them the sanction of legislation. The course of public affairs, of popular feeling, is directed by them ; and the nation participates in their glory.

This is its influence abroad. It has a stronger, and more lasting influence at home. Whatever affords American citizens correct knowledge of their country, its constitution, its prosperity, its great and diversified relations, its exhaustless resources, whatever writings or opinions have such a tendency, ought to be dis-

INTRODUCTION. XI

geminated. Not one American can possess too much knowledge upon such interesting topics. They are the study of our wisest statesmen.

There is another view of this subject. It has been intimated that this volume contains the story of one, who has risen by the force of his own exertions, to a place of honorable distinction. — Here, then, is an example of the growth and progress of mind. The God of Nature had planted the germ, but it was a long time before it expanded and began to bear fruit. Whenever we meet the man who has moulded his fortunes amid the contentions of poverty and disappointment, let us mark that man, and draw useful lessons from his example. Besides, there is pleasure in contemplating character formed under such circumstances. We feel that it is not wealth alone, nor any outward condition, that makes the man. On the contrary, their general tendency is, to weaken the energies, and keep down that noble ambition, which has elevated the character of society, and given another proof of the controlling power of genius. It is well therefore, to learn the circumstances under which extraordinary faculties have been unfolded, the opinions cherished, the influence exerted ; in fine, all which has formed the character of a distinguished citizen.

It is difficult however, to note all the peculiarities of the simplest character : much more difficult is it, to trace each step in the progress of an enlarged mind. Hence, if w r e succeed in recording the incidents of Mr. Burges's life, presenting the results of his labors in politics and literature, a rational curiosity may be gratified. Thus to hold converse with the living, is a delightful and useful employment. It seems to form a connecting link between knowledge and the desire to attain it, inspired by an eminent example.

To write the life of a man still mingling in the active scenes of political contention, is an extremely delicate task ; while passion and prejudice have lost none of their influence over his contemporaries ; and while his foibles still expose him to the rebuke and censure of the world. He cannot, like him who has passed from the stirring scenes of earth, sleep in undis-

Xll INTRODUCTION.

turbed repose. For -the dead, the words of remembrance are a requiem, and on the tomb may be written an eulogy ; and thither may we go to muse upon greatness. But not so with the living man. Opposition, indeed, may throw the subject into more bold and beautiful relief. But still he is viewed as through a glass, which magnifies, rather than softens the shades of his actions. In addition to this, the opinions he entertains, may be at variance with those of individuals, moving in the same sphere ; and by them he will be judged less favorably, than by others, who accord with him in sentiment : — allusion also, to events and circumstances, to persons connected with him in various transactions, may, perhaps, be condemned. On the other hand, panegyric should have no place on the page which records the memorials of worth and intellect. The legitimate aim of biography is not answered, when good qualities are emblazoned, errors concealed, and the claims of its subject urged upon popular applause, when they are undeserving of such applause. If simplicity and fidelity are observed, then, every reader may judge of the virtues or defects, the beautiful colors, or the gloomy shades, which the picture may present.

The strict rules of biographical writing have not been regarded in this volume. If they had been, we should have omitted much which may contribute to its interest. The incidental thoughts scattered through its pages, the opinions, friendly or otherwise, of men and measures, the spirit of partizanship, all may command praise or censure. The book pretends merely, as before stated, to give a familiar sketch of Mr. Burges's life ; so far as that is concerned, it must be interesting — because all that relates to the history, developement, and progress of mind, is interesting, and deserves to be made a subject of careful study.

PART I

Chapter I

Mr. Burges's family and birth. — His early habits and education. — His friends and companions. — Ships as a cooper on board a whaling vessel. — The voyage is abandoned. — Contemplates the study of Medicine.

Tristam B urges was born in the First Parish of Rochester, in the county of Plymouth, (originally the colony, now called the old colony of Plymouth,) in the Commonwealth of Massachusetts, on the 26th day of February, A. D. 1770. His father's name was John Burges ; his mother's, Abigail.

In the autumn of 1775, Mr. Burges, the father of Tristam, entered the army as a lieutenant, intending to continue in the service until the end of the war. But in the winter of 1775, he was seized with a pleurisy, which terminated by an abscess in the side, of which he never entirely recovered. In the revolutionary war, he rendered considerable assistance to his country, by raising men and collecting clothing. By these means, his house became a kind of rendezvous ; which brought his son Tristam into an intimacy with some of the brave men of that day. Mr. Burges died in November, 1792 ; leaving eight children — three sons and five daughters.

Tristam was the youngest of these sons. He began to live, when American Independence was the theme of general interest. The story of national oppression was repeated in his young ear, and the songs of his cradle were the songs of liberty. The first event which he remembers, was the alarm of the battle of

Lexington. The ncxl, was the return of 1 lis parent from the army, sick, and but just alive.

In the intervals of his agricultural pursuits, his father wrought in his mechanical occupation, as a cooper. He owned about one hundred and fifty acres of land, which his three sons assisted in cultivating in the summer, and in the winter they were employed in the shop. The land being very sterile, great industry was required to gain for the family a comfortable livelihood. The father could accomplish but little work ; the whole family, however, and especially his mother, were constantly employed in some kind of labor. By diligence and frugality, sufficient money was accumulated to purchase another farm of seventy-five acres.

In those primitive times, education, both in its principles and practice, was extremely limited. Whoever acquired, what might be denominated in modern days, a common education, was a son of fortune. Schools were few, and not of the best kind, in the vicinity of Rochester ; and Tristam never attended one, until he was about fifteen years old. In the long winter evenings, his eldest sister taught him to read. His father instructed him a little in writing, and imparted to him some knowledge of arithmetic. A sea captain, named Mathews, who married and settled in the neighborhood, gave him an insight into navigation ; which was intended to subserve a useful purpose. He was passionately fond of these studies, and collected all the books he could find in relation to them. At the aae of fifteen he went to the school of Master Bowlin, as he was familiarly called, about six weeks, to learn to write. This, in addition to his father's instruction, and what he himself afterwards learned, comprised all his knowledge in that valuable art. He attended the school of Hugh Montgomery, nearly six weeks more, when he was seventeen years old, and there studied the mathematics ; and this was all the instruction he received, until he arrived at the age of twenty-one years. He had read however, every book that he could buy, beg, or borrow. In the evening, after the toils of the day, he used to take his book, and continue to read, often Until the night was far spent.

During the revolutionary war, the sports were of a military character ; and he was accustomed to mingle in all amusements peculiar to childhood and youth. Although hut twelve years old when peace was declared, yet few soldiers who returned from the glorious campaigns of that service, could go through the manual exercise with more dexterity than young Bulges, with the little firelock which his father had whittled out for him. Many of the soldiers visited the family, and nothing so delighted him as their animating stories " how fields were won," except reading the Pilgrim's Progress, and the life of Joseph. These still retain their power over him ; while the tale of the soldier, unless it be a story of his own bravery and suffering, has lost its charm : and even Homer's battle fields, afford him not such pleasure as do his peaceful and lovely episodes.

The athletic games of New-England, especially at this period, were, wrestling, running races, ball, and quoits. The first of these was his favorite amusement ; and if he ever had a passion for any exercise, it was the wrestling at arms-length. These youthful sports, and the interest and love of them displayed by Bulges, illustrate a peculiar trait of character. They served to call into active operation, and to strengthen that spirit of independence, which was so clearly manifested then, and which now breathes in every act, and on every occasion.

After he was capable of writing "joining-hand," many of his leisure hours were employed in composition. He was also passionately fond of perusing the works of Pope, Dryden, and Addison. Letter writing was very fashionable among his associates ; and the letters written by him from the age of sixteen to that of twenty-one, would have filled a volume. Some were in prose, and others in verse, addressed chiefly to the young persons of his acquaintance ; none of them, however, have been preserved. To this early application to attain a most valuable and elegant accomplishment, may be traced in some measure, his present style of writing.

Among his male associates, Elihu Doty was his earliest friend and correspondent. Doty was a poet, mathematician, and historian ; with an iron memory, a fine imagination, and a power of reasoning, surprising when considered in connection with his other endowments. His wit also was brilliant and always at command, and none conld excel him in colloquial powers. They were nearly of the same age. Doty's mother was a widow, a neighbor, very poor, but of an excellent mind, and beloved by all for her lively conversation, and truly benevolent heart. The eldest brother of Doty returned in 1798 from a pilgrimage in Europe, whither he went many years before, in a destitute condition; and when he arrived at home, he was not much better provided ; but he had enriched his mind with science and elegant literature. Besides being a walking library, lie brought with him many choice books. They were mines of wealth for Tristam and Elihu ; and although but seventeen years old, they frequently consumed whole days, when the former was not pressed by the labors of the field or the cooper's shop ; whole summer days, in a lovely piece of woods on his father's farm. There they read together the most interesting books brought home by Elihu's brother.

Elihu himself, unfortunately, had no resources but the sea, and on that element he was compelled to seek a livelihood. — His first voyage, was from New-Bedford; the second from New- York. He succeeded well, and finally became master of a good ship. It is difficult to describe the feelings of Doty, at this change of fortune. As we have seen, he was a lover of books, a poet, and mathematician. His profession enabled him to know much of other parts of the world ; to visit lands of which he had read in glowing terms of description, and to become familiar with the laws and sentiments of people separated by the boundless ocean. And now too, that ocean — that wonderful and sublime element, was to be his home. But with all these advantages, he left behind much that was dear to him ; and he regretted nothing more than the loss of his young friend.

Jonathan More was another of his early companions. More was a lad of sterling intellect ; a son of the clergyman of the Parish of Rochester. His opportunities for acquiring an education were superior to those of his friend — as his father's means were more extended than those of the elder Mr. Bulges. He

TRISTAM B U 11 G E S.

was fitted for college, and intended to enter one of the learned professions; but his health was so delicate that he was compelled to take a sea voyage. He was fond of the sea, and concluded to abandon other pursuits for this. Subsequently he became master of a ship, sailed a number of voyages from New-York, accumulated a handsome fortune, but was finally lost at sea.

Familiar and uninterrupted intercourse with such young men, contributed much to the formation of Burges's habits and character. Accustomed to join with them in their boyish amusements, to read, converse, and after the toils of the day, to spend hours in their society, his natural desire for knowledge and improvement, was increased and strengthened. When the mind begins to unfold its energies, it is difficult to calculate the influence of such companionship. Next to the advice, example, and tender solicitude of a mother, perhaps no outward circumstances help to mould and perfect character, like the intimacies of childhood and youth. At that period, the mind is so flexible, and the disposition so easily inclined to right or wrong, that few resist the temptations that may assail, or the virtues that command admiration. As such intimacies originate congenial habits and sentiments, new charms are developed, and a strong impulse given to ambition and a thirst after excellence. Thus it was with young Burges. Many of his qualities of mind and heart, may be traced to the reciprocal influence of his companions in early life. What firm resolves, may have sprung up in their bosoms, when they used to retire to the woods, and read together the books which they had collected. Habits, formed under such circumstances, are too closely blended with the life to be destroyed without a mighty effort. As time rolls on, they gather strength, and may obtain victories glorious and imperishable.

It had always been the determination of Burges, to leave his native fields, for other avocations. He once thought of going to sea, not with any intention of following it as a calling ; but, because he believed if he was successful, his father would, after a few voyages, be enabled thereby to aid him in his great object — the attainment of so much knowledge as would fit him to enter one of the liberal professions. His brother Benjamin shipped for a voyage, soon after he arrived at his twentyfirst year. The whaling business between the coast of New- England and the West Indies, was then very profitable. After long and anxious solicitation, Tristam's parents consented that he might go on a whaling expedition. Captain Carver was fitting from Fairhaven, not more than eight miles from Rochester. He was an old friend of his father, and agreed to ship him as one of his coopers. The die was cast — the ambitious youth felt already as if under sail ; and that he would return home, as he has often remarked, rich as spermaceti could make him. The number of dollars which his share in the voyage would bring, had been counted up. The labor which his father must have hired during his absence, was to be returned from his earnings ; and the balance applied to learn Greek and Latin, to fit himself as a teacher, and thereby enough be acquired to carry him through the preparatory course of medical studies. He was fitted out with all things heedful for a summer cruise on both sides of the Gulf Stream. As he was to be one of the officers, a cooper, on board the ship, it was not necessary for him to leave his quiet fields, to hold controversy with "the ruffian billows," or to join his jolly ship-mates, until a few hours before the vessel was to sail. The day arrived when he was to bid his family and friends farewell, and for a season to make his home on the ocean. It was a day of mingled joy and sorrow to him, and of lamentation to his parents. As was mentioned in a preceding part of our narrative, they were strongly opposed to his intended enterprize ; and consented only through his pressing entreaties. He had never been from his father's dwelling before, except to visit friends in the immediate neighborhood. And now, he was to leave the family circle, and be exposed to the dangers, temptations, and rude assaults of the world. While his father was pouring into his ear paternal counsel, and his mother was beseeching him, "to take good care of himself," and at the same time describing the storms of the sea, and perhaps secretly indulging the thought, that one of those storms might destroy the frail vessel in which her son

T It I S T A M BURGES.

was to embark, intelligence was received, that the ship had sailed on her destined voyage. The Captain, when he returned, apologized to the elder Mr. Burges, for leaving his son. The owners had ordered the vessel to sail earlier than the previously appointed day.

This event, not only demolished all his " air built fabrics," but gave an impression to his mind, that it was a providential disappointment. He thought also, that further pressure upon the anxious objections of his parents, to his embarking on the seas, would be resisting the will of that Being, who, while he provided for the sparrows, would not leave him without suitable provision.

Under such circumstances, Burges's thoughts were directed to the study of Medicine. Since the departure of his friend More, he had become intimately acquainted with the father of that young man, who loaned him books from his classical library. Mr. More was a fine scholar, a man of great mental endowments, an able preacher, a devoted, and unpretending christian. His elevated integrity was not yielding enough, nor his manners sufficiently supple, to gratify one of his church — a talkative, malevolent man, who forced Mr. More into an ecclesiastical and a legal controversy. The feelings of Burges were so deeply interested for the father of his friend, that he wrote a satire on his adversary. This, increased Mr. More's regard for him, and he proffered any aid, which might facilitate his attempts to acquire knowledge. Mr. Burges, however, could not dispense with the valuable labor of his son, either in the shop or on the farm, and he was obliged to deny him the pleasures of learning, until a more auspicious period.