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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (April 19, 1901)
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triumph of political feeling over that
calm, judicial spirit and that forbear
ance in critical emergencies that are
essential to the carrying on of our sys
tem of popular government. Mr.
Evarts' argument was on the loftiest
grounds, and it was he who succeeded
in infusing something of the judicial
spirit into what might otherwise have
been strictly a political proceeding.
A vacancy just then occurred in the
office of attorney general, and Mr.
Evarts went into President Johnson's
cabinet for the remainig year of the
term. The period was one of impor
tant negotiations with England, Mr.
Evarts' friend Seward still remaining
at his post as secretary of state. The
,new attorney general ; was in these
matters in close association with the
secretary of state as in every well-
constituted American -cabinet the at
torney general always is and must be.
.Hamilton Fish, as Seward's successor,
was able to complete negotiations
with England which led to the most
memorable arbitration proceedings in
'all history those before the Geneva
tribunal, for settlement of the so
called Alabama claims of the United
States against England. Mr. Evarts
was appointed as the leading counsel
of the United States and associated
with him were his college classmates,
Morrison R. Waite and Caleb Cushing.
It is. enough to say ihpt Mr; Evarts'
conduct of the case for the United
States entitled him to rank as the
foremost international, lawyer of his
generation his conduct of the case of
Andrew Johnson having fixed his
place a's pur ;own. foremost constitu
tional lawyer. We Were on the verge
of. a war with England before the ar
bitration project had been agreed
upon; and England's attitude and con
duct at more than one stage of the
. -subsequent proceedings threatened
i abrupt termination and the resort to
'arms. Through this anxious period
, Mr. Evarts' services were of incalcul
able value for law and for the peace,
and he exhibited the rarest diplomatic
His honors at the hands of the re
publican party never made him ac
quiescent in what he thought to be
wrong in practice qr in principle.
I flQT MortioLovoll.of Aclfloy, Iowa, wants to
LUO I know tho whereabouts of her brother,
Byron Lovoll. An estate wllj. bo duo him.
Corns, Bunions and Callouses.
Don't believe it? Try them.
' Money back, if they don't.
All Pruggists df by Mail.
National Drugnd Chemical Company
Money selling' pur .ueveriuge
Sanitary Cooler, atest and
best cookiucr utensil ever invent
ed. Sells at flight. Qno Agent
sold over 8000 y? town.
Sample Cooker frqo to good
agents, mivcruaiiiK uinnci iui
nisHed. 10 Sizes and Styles.
AMERICAN MFC.' ASSN.'
963. BALT MORE. KID.
Thus he came forward in a great
speech in January, 1875, to protest
against the high-handedness of the re
publican party in Louisiana in count
ing out democratic votes and seating
a republican state government by aid
of federal soldiers. The next year
came the presidential election of 187G,
followed by contests over the result
of the election in Florida, South Caro
lina and Louisiana upon the decision
of which rested the question whether
Mr. Hayes or Mr. Tilden should be
president of the United States. Tilden
was then governor of New York, and,
as it happened, he had been for a time
in Mr. Evarts' class at Yale. As gov
ernor he had recently made Mr. Ev
arts head of a commission to report
on the better government of cities.
The truth is that Mr. Evarts' argu
ment before the electoral commission
was in its basic principle exactly the
same as the contention he had made
in his Cooper Union speech. It was a
great constitutional argument for our
permanent American idea that the
sovereign states must carry on their
own elections and govern themselves
without federal interference. In 1874
the democrats had won in the state
elections of Louisiana on the face of
the returns; and with this result, Mr.
Evarts contended, . President Grant's
administration had no right to inter
fere. In 1876 the regular and legal
electoral return sent to Washington
from Louisiana declared the choice
of Hayes electors rather than .Tilden
electors. Behind this return, Mr. Ev
arts argued, Congress could not safe
ly go to ascertain what measure of ir
regularity there might have been in
the polling and counting of votes. His
view embraced the future as well as
tho immediate emergency; and he
stood on the solid rock of constitu
Mark the result. Mr. Hayes was
made president -on the face of the re
turns, and Mr. Evarts, with the ut
most propriety, was made secretary of
state. On the Jinn advice of his emi
nent secretary, and against much
party protest, Mr. Hayes removed the
federal troops from the south and left
the southern states in possession of
their constitutional liberties, free .to
work out their anxious and painful
problems as they alone could solve
them. A different decision in 1876
would have involved endless future
strife -and confusion; and, far from be
ing of benefit to the south in the as
sertion of its demand for non-interference,
exactly the opposite conse
quences would have ensued. It is time
that this should be understood. .,
Four years after his retirement from
the state department, namely in 1885,
Mr. Evarts was elected to the United
States senate. He made speeches that
adorned -the Senate chamber; but his
greatest work for the country had al
ready been done. The details of leg
islative work at Washington were not
especially' to his taste. With the end
ing of his senatorial term. in 1891 he
was seventy-three years of age, and
was losing, his eyesight.
sons and four daughters, survive, and
all were gathered at tho death-bed of
the venerable statesman in tho large,
old-fashioned New York mansion
where the family had lived for thirty
two years. He died on February 28,
and was buried at Windsor. He had
entered his eighty-fourth year.
Holiday Tales Christmas in tho
Adirondack, by W. II. H. j furray;
published by the author at Guilford,
Fables and Essays, by John Bryan;
published by tho Arts and Lettres Co.,
The Fluctuations of Gold, by Baron
Alexander von Humboldt, and Tho
Law of Payment, by Francois Grimau
det, (both in one volume), translated
into English, revised and annotated
by William Maude; published by the
Cambridge Encyclopedia Co., New
Letters of Love and Labor, by Sam
uel M. Jones; published by tho Frank
lin Printing and Engrrving Co., To
ledo. Poems and Prose, by 0. O. Bracke;
published by 0. 0. Bracke & Co., Chi
cago and Minneapolis.
The School Speaker and Reader, by
William DeWitt Hyde; published .by
GInn & Co., Boston.
Springtime and Harvest, a romance,
by Upton B. Sinclair, jr;; published
by the Sinclair roes, New York.
When Love s King, poems, by Isa
bel Rchoy; publishedi by George F.
Hermapiiro-Deity: The Mystery of
Divine 'Genius, by Eliza carton Ly
man; miblis,hod by Saginaw- Printing
& Publishing Co., Saginaw,, Mich,
Financial' Phil.ophy, or 'the Prin
ciples of' the Science of Money, by
George Wilson; published by Dono
hue, Henneberry & Co., .Chicago.
Waifs from the Wayside, poems, by
Aaron G. Davis; published by the au
thor, Dyersburg, Tenn.
Civitas, the Romance of Our Na
tion's Life, a poem, by Walter L.
Campbell; published by G. P. Putnam
Sons, New York.
The Way the Preachers Pray with
notes by one of them; published by
William C. Smith & Co., Minneapolis,
When the Light Goes Out, and other
poems, by Harry S. Chester; pub
lished by Truth Publishing House,
In the appointment of Philander C.
Knox of Pittsburg as attorney gen
eral, Mr. McKinley secures a lawyer of
marked ability, according to the testi
mony of all who know him. It must
always be account. 1 something of a
drawback, however, when the presi
dent picks out as his law adviser a
man who has no public reputation, in
preference to one whom the people
have come to know and respect. It
seems also rather unfortunate that,
when there are laws on the statute
books against trusts, the attorney gen
eralship should be given to a lawyer
who has been the adviser of great pro
moters of trusts. This is not to say
that Mr. Knor: may not prove impar
tial as well as able; only that, human
nature being what ic is, a man with
his record has to overcome a measure
of distrust and suspicion. From this
point of view the appointment of the
Pittsburgher does not maintain Mr.
McKinley's well-earned reputation for
political shrewdness. New York Ev
L. A. RUSSELL-LAWYER, CLEVELAND, O.
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