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exciting features. His friends claimed his course in this campaign and of his long that he was the decided choice of his identification with the Union cause in the party for the Senatorship and that his South, his abandonment of his unbroken election was thwarted by the betrayal of record when, in 1861, he went into his interests by a member of the Legisla- Secession and became a candidate for ture who, though chosen by the people Representative of the Nashville district as his supporter, deserted his standard at in the Confederate Congress, was conthe critical hour. The result of the con templated with profound surprise,- a test was more than a disappointment; it surprise which he fully shared, in retroawakened in him the greatest indignation spect, when, years after, he recalled the at the manner in which, as then alleged, attitude which he had assumed and it had been brought about ; and he re- acknowledged the sacrifice he had made. solved to remove from the State to Nash Conversing with him at Louisville in ville, Tennessee, where he resided at the 1866, I ventured respectfully to say, outbreak of the late Civil War.
" Governor Foote, I have never perGovernor Foote's residence in Califor ceived the consistency between your nia was comparatively brief, but memor course as the recognized leader of the able, and among the older citizens of Union Democracy of the South from 1850 the State, his career is as familiar as that to 1861, and your subsequent support of of such men as Broderick, Gwin, Baker, the Confederate movement.” Stanford, and Hearst. It may well be To this he quickly and decisively stated here as a distinguishing fact in his replied substantially as follows:-history, that at every period of his career, “ Consistency, sir! There was no and wherever he dwelt, Governor Foote consistency in it, but the most flagrant was destined to speedy eminence, his inconsistency. I was prompted by a genius, his learning, his courage, and his sense of despair for the cause of the notable personality, winning public ap Union by local sympathies and influences, plause and carrying him to the very front and by a vague hope of being useful in of public affairs.
guiding a revolution which I could no
longer avert, but which seemed fraught The presidential campaign of 1860 with the fate of a community to which I offered to Governor Foote an inviting was attached by all the considerations field for the exercise of his powers as a which make life endearing. In fact, 1 popular debater, and he entered it with had no sympathy with the leaders, but zest as an advocate of Stephen A. felt bound to go with the wreck.” Douglas. He regarded the contest as Civil war having been inaugurated, akin to the old fight which he had vic- and Tennesse having been allied with toriously waged in 1851. He canvassed the Southern cause, Governor Foote was Tennessee on the stump, addressing chosen by popular vote to represent the great crowds wherever he appeared, Nashville district in the Confederate and in other States his voice was heard Congress, and as might have been exin behalf of his chosen leader. The pected, he played a remarkable rôle in burden of his speeches was an appeal for that body, of which he became a memthe Union, coupled with prophetic warn ber in September, 1861. Though fully ings against Secession, which he por committed to the cause of the Contrayed in terms of thrilling eloquence. federacy, he was destined to prove a poor
It is needless to say that, in view of follower of its President. He soon ap
peared as a leader of the element which found, with an average intellect, who conantagonized the administration of Mr. demns any one of these acts of mine at the Davis, and at times openly avowed upon present moment. the floor of the House his antipathy to its This forcible and decisive statement, policy, using that rare power of invective made in response to repeated assaults for which he was distinguished. It was and for the purpose of self-vindication, is suspected that an old-time controversy entitled to a place here as the direct exbetween the two men, if not a sense of pression of the man whose character and personal grievance, had much to do with career are under consideration. It is an his action ; but he disclaimed all this, and unsparing review of events to which he asserted very different motives for his sustained an official relation as the repcourse. As late as 1878, a prominent resentative of an important constituency, journal contained the accusation that as to whom alone he was responsible. The a member of the Confederate Congress invidious criticisms to which Governor he had strenuously opposed "every meas- Foote was subjected simply illustrated ure advocated directly by the President the fact that a public man can never of the Southern States, or by any of his safely antagonize the policy of those friends"; and at that time he replied who may be charged with the direction to the accusation with characteristic em- of affairs in the midst of armed revoluphasis :
tion. The spirit of toleration for the dis“ It is true that I did not approve of putant is never prevalent in an hour like many of the measures propounded by the that, nor can it assert itself until the revpersons alluded to, as for instance, the olution exhausts its passion and ends in conscription law, the confiscation law, the defeat of its own forces in the field. the forcible imprisonment law, the law The position taken at Richmond by Govsuspending habeas corpus, the proclama- ernor Foote necessarily made him a viction setting the price of $10,000 upon the tim of partisan assault, and accordingly, head of General Butler, the proposition his motives were distorted by prejudice. to raise the black flag ’, the bill propos- He became, in fact, ing to pay Mr. Davis's official salary in The very butt of slander, and the blot gold, at a time when the Confederate For every dart that malice ever shot. soldiery were in rags and not able to ob- Governor Foote appeared in 1864, as tain even the paper of the Confederate a herald of national restoration. Shortly government in requital of their services, after the presidential contest of that when that paper was not worth ten cents year, resulting in the re-election Presion the dollar. I did also urge the making dent Lincoln, he resolved to initiate of peace if the same could be obtained on negotiations for peace on the basis of a honorable terms, in November, 1864. It re-established Union, and he proceeded is also true, that I found fault with Mr. from Richmond to Washington for that Davis's unwise removal of Joe Johnston
purpose; but as a self-constituted amfrom the command of the Confederate bassador, he could accomplish nothing. Army, when he was valiantly and suc- He had no authority to speak for the cessfully confronting Sherman in the South, nor could he gain a hearing at neighborhood of Atlanta, and thus ren- the seat of the national government; but dering the success of the Confederate his movement, though culminating in cause an absolute impossibility. I would imprisonment and in temporary exile like to know where the man is to be from the country, proved to be a step
that was prophetic of the inevitable end frank, and serves to explain an unwritten of the Confederacy. In eight months chapter in the history of an extraordinary thereafter, the heroic legions of Lee and public career. and Johnston had surrendered their arms In 1868, Governor Foote resumed his and furled their flag. Talking with him at residence in Nashville, Tennessee, among Louisville, in 1866, I asked him to ex the people who had honored him with plain the object and motive of his attempt their suffrages. Upon the new issues at negotiations for peace in 1864, and he that had arisen in national politics, he replied substantially as follows:
joined the Republican party, and as an “I had but one object and but one elector on the Republican presidential motive. The overthrow of the Confed- ticket, he canvassed Tennessee in the eracy was plainly inevitable. Misman contest of 1876, having as his Democratic agement at Richmond and lack of re competitor Hon. William B. Bate, who sources on one side, were confronted by had achieved distinction as a Confederate masterful combinations and exhaustless military leader and who, having served supplies on the other. The Confederate as governor of the State, is now a senarmies, the bravest the world ever saw, ator of the United States, being fairly had fought and suffered long after they ranked among the most effective orators were beaten. I saw nothing but failure of the South. The debates between and intensification of distress in the con Foote and Bate were attended by great tinuation of the war on our part. The audiences. They were conducted in the views entertained by me as to the futil- highest spirit of courtesy, and between ity of further bloodshed were held by the two men a cordial friendship premen of greater influence at Richmond vailed. This campaign was the last in than myself, but they would not act. 1 which he ever engaged. From 1877 to was mindful of the risk, when I resolved 1880, he made frequent visits to Washto act, and I took that risk in defiance of ington City, where he was the center of consequences. The martyr-like spirit of a circle of old friends, and where he enthe Confederate soldiers afforded no rea- joyed the presence of his daughter, the son for the sacrifice which another year wife of Senator Stewart of Nevada. He of privation would have required. I felt died at Nashville, Tennessee, in 1880, in willing to endure the malignant criticism the seventy-sixth year of his age. and the personal peril to which I was bound to be exposed, and I went forward Governor Foote was an ardent student. to herald the approaching end of a dis- Utilizing his varied researches, he wrote a astrous war, the inception and conse number of meritorious books, among them quences of which I had predicted and being a history of Texas, a history of grievously deprecated, years before. 1 Venice, the Bar of the South and Southdeserved nothing for my own faithless west," and the “ Casket of Reminisabandonment of the Union cause in 1861, cences,'' the latter being a collection of and I desired to aid in repairing the papers which had been written by him blunder for which I was somewhat re for the Washington Daily Chronicle. His sponsible. I have no concealment to style of composition was both vigorous make, and no excuses to offer for the and polished, impressing the reader with most awful political tragedy of modern the idea that the writer was the master of times."
all the graces of scholarship. The fact The foregoing declaration is notably is, however, that Governor Foote was
never trained in a collegiate course, he an able advocate and a wise statesman. having on one occasion, in response to the He was the most remarkable and gifted suggestion that he had “graduated from man in all that storm-swept period of his a Virginia college,” said, “So far from restless life.” this being true, I never took a degree of The weakness of Governor Foote's any kind at any college or university vicissitous career in connection with whatever, what little knowledge either public affairs may be properly ascribed to of science or of scholarship I have mas an apparent vacillation or eccentricity, tered, having been the result of self which he at times displayed; but it must culture under exceedingly unfavorable be said that, in both public and private circumstances."
life, he was always impelled by the loftiest Governor Foote was one of the most spirit. In private life his motto was instructive and delightful talkers; and I “never to offer a gratuitous insult to once heard George D. Prentice, the any man, however humble, and never famous poet and editor of the old Louis- patiently to submit to a serious personal ville Journal, say that “he spoke the best indignity''; whilst his public career English, and knew more of ancient and illustrated the truthfulness of what Lord of modern literature than any man" with Brougham wrote of Lord Chatham, that, whom he had ever conversed. Referring
Referring “ to genius, irregularity is an incident, to his attainments and to his personal and the greatest genius is often marked characteristics, Hon. Joseph S. Fowler, by eccentricity, as if it disdained to of Tennessee, an ex-United States sena move in the vulgar orbit.” tor, and an appreciative companion of Dying at the age of seventy-six, GoverGovernor Foote, has said of him: “His nor Foote outlived Clay and Webster, vast learning and rich stores of wisdom Cass and Douglas, with whom he was an were ready at his call. His eloquence eminent colaborer in a period of national was of the first order. His courage knew peril; and as of them, it may be equally no fear; and with all the gentleness of a affirmed of him, that he went to his grave refined woman, he was, when aroused, without a stain upon his honor or a blot the equal of Chevalier Bayard. He was
upon his fame.
I have no potency, no colchian art;
I wave no spells as bards delight to sing:
One glance from me on who would be my king,
Philip Becker Goetz.
AS WE CRUNCHED OVER THE SANDY EARTH AND BUMPED THROUGH THE SAGE-BRUSH.
THE 'HE debonair young scamp whose time come into the outfit for protection and
ly ending I am about to relate made grub; and had volunteered his valuable his advent in Boise one afternoon in the assistance in return for the favor. The early summer along in the middle sixties, assistance had proved nil, more from diswell mounted and accoutred, ostensibly inclination than from lack of ability. as a "cow-puncher" in the train of a But as the scamp well knew, the outfit man named Clark, who was driving a could not afford to lie over at great band of cattle and horses from Salt Lake
expense while legal proceedings were up to the Dalles.
As soon as camp was dragging their weary length along; and made, he hunted up the justice of the what would the scamp take and let them peace and began suit for two or three go? He graciously compromised on half, hundred dollars wages, which he alleged and thus staked, began his brief but was due him in the aforesaid capacity, brilliant career in Boise City. and put an attachment on the outfit. The Boise and Payette valleys were at Clark appeared in the justice's court that time being rapidly settled up, and full of unavailing wrath, and stated that, largely by the remnants of "Pap" Price's as a matter of fact, the self-styled army, which maintained a guerrilla warvaquero, in company with a friend, had fare in the Southwest some time after overtaken him on the road, and besought, Lee's surrender. Among this element with moving entreaties, to be allowed to
it was a brevet of nobility when hand