[GO]
Address of Mr. Swanson, of Virginia
for decision by the courts occasioned by the Civil War
and the many social and financial upheavals incident
thereto, he was counsel, and by his legal learning and
clear reasoning fixed the law governing these cases and
conditions. His many briefs and arguments presented
to the court of appeals of his native State on new and
important legal questions of this character would alone
constitute a successful life-work of a lawyer.
Whether addressing court or jury, no one could surpass
him as an advocate, no one present a case more strongly
and clearly. No one could work more incessantly and
without producing fatigue of mind or body. During his
whole life, when occasion required it, he was the very
incarnation of tireless work and energ\\ One has but to
read the reports of the supreme court of appeals of Vir-
ginia during the years of his early life, when he was in
active practice, to obtain evidence of his greatness as a
lawyer and of the immense and successful practice he
possessed.
What is still more remarkable, while actively engaged
in prosecuting the profession of law, with a large and
lucrative practice, his spare moments were utilized in
the preparation of two law textbooks, " Daniel on At-
taclmients " and " Daniel on Negotiable Instruments."
His latter work, "Daniel on Negotiable Instruments," is
the best, most complete, and the recognized authority on
this question, not only in the United States, but also in
the English-speaking world. It is conceded that Daniel
on Negotiable Instruments, Cooley on Constitutional Lim-
itations, and Benjamin on Sales are the three great law
textbooks of our generation. It is amazing that a young
man, actively engaged in the practice of law, with an
immense practice, engaged at the same time in the tur-
moil and strife of political life, could have found leisure
to prepare such a textbook on such an intricate subject
[61]
Mhmohiai. Ai)i)iti;s.sKs: Sknatoh Daniel
of law, containing an immense amount of research and
a rare combination of detail and generalization, with such
clearness of expression and breadth of conception as to
make it an acknowledged authoritj', and so successful
that it has gone through repeated editions. It furnishes
proof of the breadth of his intellect and the brilliance of
his varied attainments. His legal acquirements were
such that he would liave adorned, witli his intellect and
learning, the Supreme Court of tlie United States.
Mr. President, a great lawyer is naturally a successful
and constructive statesman. The history of the legisla-
tion of the world exemplifies this. Thus it should occa-
sion no surprise that Senator Daniel'.s eminence as a
lawyer was equally signalized in his work as a legislator.
In his native State he served in the house of delegates
from 1869 to 1871, and in the State senate from 1875 to
1881, and also in the recent constitutional convention,
which prepared the present State constitution. He was
easily the leader in each of these legislative bodies during
the time he served. Many of the best and most important
institutions, many of the wisest and most far-reaching
laws of the State are the results of his constructive
handiwork.
He was one of the pioneers and foremost advocates of
the establishment of free schools in Virginia, with all of
their resultant blessings and benefits. He was tlie author
of the law in Virginia giving the employees of transporta-
tion companies the first lien upon the property of the
companies for their wages and also the law permitting
the personal representative of a decedent to recover
damages for the dealli of the intestant, when occasioned
by the wrongful act of a corporation. He was the orig-
inator and the promoter of the measure giving the coun-
ties, cities, and towns of the Commonwenltli power to tax
the railroads within their borders, whicli measure alone
[62]
Address of Mr. Swanson, of Virginia
has been the source of inestimable benefit and progress
to the State. In the last State constitutional convention
he was the author of the suffrage provision, which was
finally adopted as a part of the constitution of Virginia,
and thus he successfully solved the most difficult and
perplexing problem that confronted the convention.
Time will not permit me to enumerate the many benefi-
cent laws which his mind conceived, his hand wrote, and
he enacted for the betterment of the people of Virginia.
Suffice it to say that though his services in the legislative
halls of his State were limited, yet Virginia can point to
no son whose achievements in State legislation can exceed
his.
He served two years in the House of Representatives
and 23 years as Senator in this honorable body. From
the day of his entrance here to his death he occupied a
most prominent position in the deliberations of this body.
For years he was one of the most influential members of
the Committee on Foreign Relations of the Senate and
counseled and controlled as much as anyone our rela-
tions with foreign nations. He was an active and dis-
tinguished member of the great Appropriations and
Finance Committees of the Senate, and thus potential in
all matters affecting the appropriations and revenues of
the Government. His many able and eloquent speeches
upon constitutional questions, control and regulation of
railways, restraint of trusts and combinations of capital,
currency and banking, tariff taxes, other various ques-
tions of taxation, and many other subjects, clearly indi-
cate the extensive scope of his research, intellect, and
ability. Upon all the important questions that came be-
fore the Senate during his service, in just conception, in
thorough study, in full realization of the important and
far-reaching bearings, he was excelled by none.
[63]
Mk.moium. Ai)I)hi;ssi;s: SiiNAioH Daniel
By his services in the Senate he acquired a national
reputation for statesmanship, ability, courage of convic-
tions, and soundness of judgment. The esteem and ad-
miration entertained lor liim were coextensive with our
National Government. If he had lived in some other
section of this country besides the South many years ago
he would have been nominated on the Democi'atic ticket
for the Presidency, with splendid chances of success. He
possessed those qualities of mind, heart, and will which
would have made a great President — fit company for the
illustrious Virginians who had so well filled this high and
exalted position. At the Chicago convention in 1896, so
profound and extensive was the esteem and admiration
of the Democratic Party for him that he could easily
have had the nomination for Vice President if he would
have accepted it. He unselfishly waved this honor aside
for what he believed was to the best interest of his party.
In all that constitutes true, broad statesmanship Sen-
ator Daniel was preeminently endowed, and if Virginia
had been as potential in this Nation as she was in former
times, possessing as he did the universal confidence and
admiration of his native State, he would have attained
position as high and influence as great as that wielded by
the illustrious Virginians in the early days of this Re-
public. In character and capacity he measured up to
these great men.
Mr. President, as great and varied as were these endow-
ments, yet nature had given him other gifts richer and
rarer. He possessed the divine power of eloquence. He
gave new graces to speech; taught new charms to elo-
quence. His brilliant, flashing eyes, his stirring, musical
voice, his apt and beautiful gestures, his exquisite, expres-
sive features, beaming with fire, intelligence, and genius,
gave him a charm and power of oratory rarely surpassed.
He was equally the master of pathos and humor. He could
[64]
Address of Mr. Swanson, of Virginia
reason with irresistible logic to the court and afterwards
easily draw tears from the jury by a passionate appeal.
He was equally at home in the rough and tumble conflicts
on the hustings or in the dignified debates of the Senate.
He could deliver a literary address of great beauty and
elegance and afterwards discuss a great constitutional
question with a majestic flow of thought and intellect.
His literary taste was unexcelled; his illustrations original
and impressive; his diction pure and classic. His ad-
dresses were broadly and splendidly conceived and beau-
tifully executed.
His addresses unveiling the Lee monument at Lexing-
ton, Va., and the Washington Monument in this city are
masterpieces, and will be read and studied as long as
eloquence is cherished. These two orations, in beauty of
conception and expression, are equal to any of his gen-
eration. His address upon the Battle of Gettysburg in
vividness, clearness, and eloquence of description can
not be surpassed. His addresses upon the life and char-
acter of Jefferson Davis and to the Congress of the
United States commemorating the centennial of the
building of Washington would alone place him in the
first rank as an orator. Though his lips are now silent,
he will eloquently speak to generations yet to come in
the splendid classical orations which will be preserved
as a part of the best specimens of the eloquence of his
generation.
Mr. President, these many and varied brilliant qualities
were combined with a great soundness of judgment and
great political sagacity. Ere he attained the age of
40 he became the acknowledged leader of the Virginia
Democracy, which position he held unimpaired and un-
disputed until his death. So wise was his counsel, so
sagacious his judgment, that in all these years of leader-
ship he never lost but one political battle, and that was in
10040—11-
[65]
Mi;m(iiuai. Ai)I)hi:ssi:s: Siinaioh Dami:i.
1881, which defeat lie quickly repaired, and I'roin tlial
time on he led his party to continuous victories and tri-
uniplis. For the last 30 years he drew nearly every plat-
form of the Democratic Party of his State. Thus heneath
his brilliant, shining qualities were embedded great pru-
dence, judgment, and wisdom. These qualities enabled
him to successfully encounter great political storms and
upheavals, and be honored with the rare distinction of
being elected five times to this honorable body practically
without opposition.
Mr. President, the character of Senator Daniel and the
natural aspect of his native State always to me seem to
have a strange and striking conformity. Virginia is
largely composed of rich, fertile fields; large and broad
plains, decorated with hill and mountain scenery of sur-
passing beauty. So with this great son. He was en-
dowed with a strong, broad, masculine mind and heart,
sparkling with the fascinations of a charming personality
and glittering with the coruscations of eloquence and
genius.
Sirs, the greatest of all English novelists in his master-
piece, " Vanity Fair," has truly said:
The world is a looking-glass and casts back to each man the
reflection of his own face; if he smiles upon the world, it smiles
upon him; if he frowns upon it, it frowns upon him; if he hates
it, it hates him; if he loves it, it loves him.
How profoundly is this truth illustrated in the mag-
nificent career of this distinguished soldier, la\\'yer, states-
man, orator, and leader! He faced the world with a
genial, tender smile and it received him with open, lov-
ing arms. He loved humanity and he lived and died the
idol of his people. He trusted the people, and witli im-
plicit confidence liis people, with loving faith, placed
their hands in his and followed his leadership and guid-
[66]
I
Address of Mr. Swanson, of Virginia
ance. His people showered upon him great honors and
important trusts.
Well might we of Virginia feel a pardonable pride and
a laudable love and admiration for our famous soldier
boy, our eminent lawyer, our illustrious statesman, our
brilliant orator, our sagacious leader!
Mr. President, Carlyle in his splendid essay on Voltaire
has truthfully said:
The life of every man is as the wellspring of a stream, whose
small beginnings are, indeed, plain to all, but whose ultimate
course and destination as it winds through the expanse of infinite
years only the Omniscient can discern. Will it mingle with the
neighboring rivulets as a tributary, or receive them as their sov-
ereign? Is it to be a nameless brook, and will its tiny waters
among millions of other brooks and rills increase the current of
some world-famed river? Or is it to be itself a Rhine, a Danube,
an Amazon, whose goings forth are to the utmost lands, its floods
an everlasting boundary line of the globe, itself the bulwark and
highway of whole kingdoms and continents?
As to which a man's life shall be, whether a tiny stream,
giving the current of its life to others, or a magnificent
river, receiving the waters of smaller rivulets, depends
largely upon one's talents and opportunities, but more
than all else upon one's efforts, will, and ambition. Sen-
ator Daniel, possessing high qualities of mind and splen-
did talents, aspiring and ambitious, chose to make and did
make the stream of his life as it ran with its pure waters
to the great eternal ocean a large and majestic river,
known far and wide, fertilizing broad fields, enriching
States, and carrying on its bosom rich treasure for his
country and mankind. It is by the lives and sacrifices
of such men that States and nations are made strong and
great.
[67]
Memorial Addresses: Senator Daniel
A puL't has well expressed it:
What builds a nation's pillars high.
What makes it great and strong?
What makes il mighty to defy
The foes tliat 'round it throng?
Not gold, but only men can make
A nation great and strong;
Men, who for trutli and honor's sake,
Hold still and suffer long.
Brave men, who work while others sleep.
Who dare when others sigh;
They build a nation's pillars deep
And lift it to the sky.
[68]
Address of Mr. Money, of Mississippi
Mr. President: Shakespeare in speaking of a great
contemporary' poet condensed a volume of eulogj' into
four words —
O rare Ben Jonson.
I could sa3^ as justlj', " O rare John Daniel." In ad-
vanced thought and in thorough appreciation of the in-
tellectual development of the age he was among the first
men of his time, but in certain phases of character he was
an anachronism. He lived in an age that is past, when
to be a gentleman was above all title and all place. With-
out any taint of the commercial spirit of the age, without
a disposition to extravagance in living, it may be said of
him as once was said of a great British secretary — " mod-
ern degeneracy had not reached him."
The oratory of John Daniel was of the ornate sort as to
the vehicle, and the ideas it conveyed were profound. It
was said of Edmund Burke, whose oratoiy made him the
master of the British House at the age of 34, that his elo-
quence was alwaj's captivating, but not always convincing.
Daniel could convince as well as charm, and while the
oratory is not always logical it is well to remember that
his great book, Daniel on Negotiable Instruments, is the
authority at home and in English-speaking courts abroad,
and that book could have been the product only of a
great logical mind. I mention him with Burke, because
to me they seem more nearly than any other two moderns
[69]
Mkmoiuai. AiiimiissKs: Senator I)anii;i.
in the splendor of their rhetoric and in the force of their
ideas to approach the " melodious thunder of Tully's
eloquence."
Danikl was a proud man, witliout vanity; a proud man
in llie sense that he never forfeited his self-respect by
doing a mean, a small, or an ungenerous thing. Respecting
himself, he expected to receive the respect of every man;
and he was not disappointed. Daniel never talked loud
and never talked about anybody'. He was exceedingly
chary in expressing his opinion of men, and while enjoy-
ing an intimacy with him of which I am proud, I never
heard him speak disparagingly of anyone. When he
gave an opinion it was always in the most temperate
language.
He was reserved in his manner, although exercising
always the utmost courtesy — the politeness of a well-bred
man toward everyone who came in contact with him,
whether they were great or small. No man was of
increased importance on account of official position or
wealth in his estimation. He was not disposed to make a
show of his opinions, and much less of his emotions. He
was not a talkative man; but when much interested he
spoke with beauty and force. Beneath his reserve he was
a man of the warmest affections and the strongest feelings.
His afflictions, which were great, were not generally
known to the world. He did not expose his misfortunes
and challenge sympathy. He wanted no man's pity, no
man's commiseration. Self-reliant, he received the shocks
of grief and the misfortunes that came to him with a com-
posure that was no index to the feeling within.
I doubt if any man in this Senate, at any time, was ever
more respected by all, admired by many, and most deeply
loved by a few. He could not be promiscuous in the
relations of friendship; he treated all with courtesy, but
few were admitted into his heart.
[70]
Address of Mr. Money, of Mississippi
The great State which her own citizens love to call the
" Old Dominion " has been generous in her gifts to this
Nation in her great men in the highest standard of charac-
ter, and in her State institutions. Among her generous
gifts there is non*^ that was richer than John Warwick
Daniel.
He may have been said to have had within himself the
accumulation of generations of talents. His father and
his grandfather were orators, great lawyers, and judges
of the supreme court of Virginia. His grandfather's
cousin was an Associate Justice of the Supreme Court of
the United States. He might well have been descended
from an English poet laureate of the sixteenth century,
to whom admiring critics gave the unique title of " Well-
languaged Daniel."
His worth was early discovered, and he was called suc-
cessively to the lower and upper house of the Assembly
of Virginia, where he distinguished himself by his devo-
tion to popular rights and his sagacious forethought.
When quite a young man he was nominated for gov-
ernor of Virginia, and made one of the most brilliant
campaigns in the history of that State. Daniel consid-
ered this a fight for the honor of Old Virginia, and with
his punctilious ideas of honor he looked upon the read-
justment of Virginia's debt as an assault by a part of her
citizens upon her good name. He entered the campaign
with an honorable ambition of preserving the escutcheon
of his State from blemish, and with the real gaudia cer-
taminis he entered the fight eager to end the quarrel by
" push of pike and stroke of sword."
While he was defeated yet he reaped an abundant
reward, for he was selected, and forever, as the popular
hero and favorite of his State, to whom no honor in the
future was to be denied.
[71]
MiMoitiM. Aiii)iii:ssi:s: Sknatok Dami:i.
Senator Daniel was, in one sense, a bookworm — a man
who read at every opportunity a busy practical life per-
mitted. He loved books; they were his treasures, and he
found a charm in them which was known to few men.
His thorough learning was acknowledged by two great
institutions, the Washington and Lee University and the
University of Michigan awarding him the degree of
doctor of laws.
Soon after our acquaintance began Daniel became to
me a curious study. He was unlike anyone else whom I
knew. The deep respect I had for his character and
abilities soon ripened into a warm and affectionate friend-
ship, and, counting many friends whom I love, no one
could be more sadly missed by me than this heroic and
gentle soul.
"After life's fitful fever he sleeps well," and in that
other and better place or condition of the soul's exist-
ence, where the good and the great of this world are
associated eternally, there will be found John Warwick
Daniel.
Mr. Thornton. Mr. President, I move, as a further mark
of respect to the memory of Mr. Daniel and Mr. McEnery,
that the Senate do now adjourn.
The motion was unanimously agreed to, and (at 5
o'clock and 45 minutes p. m.) tlic Senate adjourned until
to-morrow, Tuesday, February' 21, 1911, at 12 o'clock
meridian.
[72
Proceedings in the House
December 5, 1910.
Mr. Jones. Mr. Speaker, I offer the following resolutions.
The Speaker. The gentleman from Virginia offers the
following resolutions, which the Clerk will report.
The Clerk read as follows :
Resolved, That the House has heard with profound sorrow of
the death of Hon. John Warwick Daniel, late a Senator of the
United States from the State of Virginia.
Resolved, That the Qerk communicate these resolutions to the
Senate, and transmit a copy thereof to the family of the deceased
Senator.
The resolutions were agreed to.
Mr. Ransdell of Louisiana. Mr. Speaker, I offer the
following resolution.
The Speaker. The gentleman from Louisiana offers a
resolution, which the Clerk will report.
The Clerk read as follows:
Resolved, That as a further mark of respect to the memory of
the deceased Senators and Representatives the House do now
adjourn.
The resolution was agreed to. Accordingly (at 12
o'clock and 49 minutes p. m.), the House adjourned until
12 o'clock noon to-morrow.
[73]
Memoriai, Addresses: Senator Daniel
Friday, June 9, 1911.
Mr. Flood of Virginia. Mr. Speaker, I ask unanimous
consent for the present consideration of tlie order which
I send to the Clerk's desk and ask to liave read.
The Speaker. The gentleman from Virginia asks unani-
mous consent for the present consideration of the order
which the Clerk will read.
The Clerk read as follows:
Ordered, That Saturday, the 24th day of June, 1911, at 12 o'clock
noon, be set apart for addresses on the life, character, and public
services of Hon. John Warwick Daniel, late a Senator from the
State of Virginia.
The Speaker. Is there objection? [After a pause.] The
Chair hears none, and it is so ordered.
Saturday, June 24, 1911.
The House met at 12 o'clock noon.
The Chaplain, Rev. Henry N. Couden, D. D., offered the
following prayer:
Eternal God, our heavenly Father, above all, through
all, and in all, to quicken, to inspire, to guide, amid the
conflicting elements, the profound problems, tlie strenu-
ous duties which appeal to every serious, strong-minded,
noble-hearted man, we thank Thee for the special order
of the day in memory of such a man who met life and its
problems with the courage and fortitude of a great soul
and distinguished himself wherever he was called to
serve — on the field of battle, at tin- bar of justice, in the
legislative halls of State and Nation. Quick to perceive.
[74]
Proceedings in the House
clear of judgment, wise in counsel, strong in action, elo-
quent of speech, a leader of men; patient, gentle, easy of
approach, a friend of the friendless, a follower of the
King of men; respected, honored, loved by all who knew
him; called from a life of usefulness with a character full
rounded out, a passport to the realms of eternal life; we
thank Thee for what he was and for what he did, and we
pray that his example may inspire us and those who shall
come after us to earnest endeavor and purity of purpose.
Be graciously near to all who mourn him, especially the
bereaved wife and children, to uphold, sustain, and com-
fort them in the blessed promises of the gospel. And
gloiy and honor and praise be Thine forever, through
Jesus Christ our Lord. Amen.
The Speaker. The Clerk will report the special order
of the day.
The Clerk read as follows :
On motion by Mr. Flood of Virginia, by unanimous consent,
Ordered, Tliat Saturday, tlie 24th day of June, 1911, at 12 o'clock
noon, be set apart for addresses on the life, character, and public
services of Hon. John Warwick Daniel, late a Senator from the
State of Virginia.
The Speaker. The gentleman from Virginia [Mr. Flood]
will please take the chair.
Mr. Flood of Virginia assumed the chair as Speaker pro
tempore.
Mr. Jones. Mr. Speaker, I ask for the adoption of the
resolution which I send to the Clerk's desk and ask to have
read.
The Clerk read as follows :
Resolved, That the business of the House be now suspended
that opportunity may be given for the tribute to the memory of
Hon. John W. Daniel, late a Senator from the State of Virginia.
[75]
Mi;.MoitiAi. Ai)i)iu;ssi;s : Si;NAr()U I)ami:i.
Resolved, That as a further mark of respect to the memory of