第48章

Having given about half an hour to the judge, I then took up sundry other members and kept on through the entire morning. I had the floor and no one could dispossess me.

The lieutenant-governor, in the chair, General Stewart Woodford, was perfectly just and fair, and although Judge Folger and Mr. Murphy used all their legal acuteness in devising some means of evading the rules, they were in every case declared by the lieutenant-governor to be out of order, and the floor was in every case reassigned to me. Meantime, the whole Senate, though anxious to adjourn, entered into the spirit of the matter, various members passing me up biographical notes on the members of the convention, some of them very comical, and presently the hall was crowded with members of the assembly as well as senators, all cheering me on. The reason for this was very simple. There had come to be a general understanding of the case, namely, that Judge Folger, by virtue of his great power and influence, was trying in the last hours of the session to force through a bill for the benefit of his district, and that I was simply doing my best to prevent an injustice. The result was that I went on hour after hour with my series of biographies, until at last Judge Folger himself sent me word that if I would desist and allow the legislature to adjourn he would make no further effort to carry the bill at that session. To this I instantly agreed; the bill was dropped for that session and for all sessions: so far as I can learn it has never reappeared.

Shortly after our final adjournment the Constitutional Convention came together. It was one of the best bodies of the kind ever assembled in any State, as a list of its members abundantly shows. There was much work for it, and most important of all was the reorganization of the highest judicial body in the State--the Court of Appeals--which had become hopelessly inadequate.

The two principal members of the convention from the city of New York were Horace Greeley, editor of the ``Tribune,'' and William M. Evarts, afterward Attorney-General, United States senator, and Secretary of State of the United States. Mr. Greeley was at first all-powerful.

As has already been seen, he had been able to prevent Judge Folger taking the presidency of the convention, and for a few days he had everything his own way. But he soon proved so erratic a leader that his influence was completely lost, and after a few sessions there was hardly any member with less real power to influence the judgments of his colleagues.

This was not for want of real ability in his speeches, for at various times I heard him make, for and against measures, arguments admirably pungent, forcible, and far-reaching, but there seemed to be a universal feeling that he was an unsafe guide.

Soon came a feature in his course which made matters worse. The members of the convention, many of them, were men in large business and very anxious to have a day or two each week for their own affairs. Moreover, during the first weeks of the session, while the main matters coming before the convention were still in the hands of committees, there was really not enough business ready for the convention to occupy it through all the days of the week, and consequently it adopted the plan, for the first weeks at least, of adjourning from Friday night till Tuesday morning. This vexed Mr. Greeley sorely. He insisted that the convention ought to keep at its business and finish it without any such weekly adjournments, and, as his arguments to this effect did not prevail in the convention, he began making them through the ``Tribune''

before the people of the State. Soon his arguments became acrid, and began undermining the convention at every point.

As to Mr. Greeley's feeling regarding the weekly adjournment, one curious thing was reported: There was a member from New York of a literary turn for whom the great editor had done much in bringing his verses and other productions before the public--a certain Mr. Duganne;but it happened that, on one of the weekly motions to adjourn, Mr. Duganne had voted in the affirmative, and, as a result, Mr. Greeley, meeting him just afterward, upbraided him in a manner which filled the rural bystanders with consternation. It was well known to those best acquainted with the editor of the ``Tribune'' that, when excited, he at times indulged in the most ingenious and picturesque expletives, and some of Mr. Chauncey Depew's best stories of that period pointed to this fact. On this occasion Mr. Greeley really outdid himself, and the result was that the country members, who up to that time had regarded him with awe as the representative of the highest possible morality in public and private life, were greatly dismayed, and in various parts of the room they were heard expressing their amazement, and saying to each other in awe-stricken tones: ``Why! Greeley swears!''

Ere long Mr. Greeley was taking, almost daily in the ``Tribune,'' steady ground against the doings of his colleagues. Lesser newspapers followed with no end of cheap and easy denunciation, and the result was that the convention became thoroughly, though unjustly, discredited throughout the State, and indeed throughout the country. A curious proof of this met me. Being at Cambridge, Massachusetts, I passed an evening with Governor Washburn, one of the most thoughtful and valuable public men of that period. In the course of our conversation he said: ``Mr. White, it is really sad to hear of the doings at your Albany convention. I can remember your constitutional convention of 1846, and when I compare this convention with that, it grieves me.'' My answer was: ``Governor Washburn, you are utterly mistaken: