It were long to tell of the arbours, and the swings, and the gravel
walks, and the choice grapes and the golden plums and the blushing
apricots and the melting pears and the prickly raspberry vines
which stretch out in the rear, filling a vista that would gladden the
gardener's eye, and might in^ire Pope to sing of a second Stowe.
" Thii noble piano is stfll in the poeaession of the hmly. Wm KmmeKne
Machen, lor ifhxmt use it wm primarily intended, was, at the writing of this
letter, at idiool in Greenfield, Mass., to that the piano, it could be laid," wants
iOBidbody to play on it"
Digitized by VjOOQIC
18 LEWIS H. MACHEN
Over an this pkuant scene my mind circles like one of the little
humming binb which often haunt it. And then I f oUow my felhyw
labourer into the Sunday School and see him passing from dass to
class, dropping a word here and a hint there, and watching with
anxious heart the aspect of the moral nursery. I hope you had a
pleasant and a profitable hour last Sabbath morning. I thouj^t
often of you, and of every thing surrounding you, and tried to lift
my heart to God for help and a blessing.
Always ambitious, Lewis H. Macfaen was never satisfied
with a mere deiical position, however pleasant to one oi
his temperament mif^t be the qpportunities which it af*
forded of making the arquaintanrf? of eminent men and of
observing political movements. Soon after his marriage to
Miss Caroline Webster, he seems to have contemplated
moving to Kentucky and (9>ening an office as lawyer in that
State; but an unde, Thomas Lewis, who had previously
removed West gave a very discouraging picture of the con-
dition of legal practice in Kentucky in the first part of the
last century,** and the plan was abandoned.
** The letter leCened to it m fdlows:—
Vincent Lewis', Nelson County, Ky.
October 50th, 1817.
Jjt NmHiew,
I retUysmstalonwfaethertoadviaeyoatoinoveWeitwsRl
or not. Petbaps by siviiig you the outlines of the businew of a lawyer in tUa
State, yoa can detmaine youiaelf whether yon ought to move to thk State or
not, if you move at alL
The metchantt here are not in the habit of crediting out their goods to any
coowlcnble amount unlen it be to very punctual customers, and all sums under
ISO being recoverable before a single justice, there is Uttle or no collecting
business for a lawyer. The land titles of the country befaig a food deal
dispu t ed , and the laws under which the various calimants derive their title
behig a good deal comi^icated, a lawyer in that kind of litigation has a great
deal to do, but one coming here from any other part of the world, and who
saeaas to become a land lawyer, has his studies to begin anew, and but very
lew, either natives or foreigners, ever arise to the first degree of tm i n met .
I can point out a few gentlemen of this State who you have seen in Congress
who have succeeded well as land lawyers, to-wit, John Pope, Henry Clay,
Isham Talbot, Jesse Bledsoe, Geo. M. Bibb and Martin D.Hardin: BeaHardhi,
Digitized by VjOOQIC
N
LAW PRACTICE IN KENTUCKY 19
Upon the dectum of Andiew Jaduon as United States
Senatm from Tennessee in 1824, Lewis H. Machen, pursuant
to his ambition for promoticm or a tranrference to some
other fi^d of labour, sou^ an introduction to the pop-
ular hero from a cousin, William B. Lewis, who had left
and all the ctthta you have seen from this State, are mere aecond and third
rates. Iaw suits alxrat land generally mvohre im)perty to a very great amomU
aildom less than $2000 or $3000 - freqttently $10,000 to $20,000 and in some
km JBrtanccs to the value d $200,000, and no man wiU commence a suit
without engaging one and often two of the best lawyers; the defendants
most get as many, equally as good if possible; hence it follows that none but
fint rate lawyers, as well in abilities, as to knowledge, can make anjrthing
as a land lawyer. Almost all the disputes are between coniBcting daims
under diffeicnt gnnts frran the Sute of Virginia or this Sute; not who is the
leal heir at law or devisee under tiie same grant, for I have never known one
suit in this State to determine who was the real heir under the English rule
of descents; some few suits have indeed been brought by widows for their
ri^ of dower, but such instances are rare. And yet go to any Circuit Court,
almost, in the State, and you will see from 10 to 20 lawyers attending. The
whole State is laid off into about 12 Circuits; each Circuit contahiing several
counties (from 3 to 8).
A young man to rommfnfe and end his studies in this State and ^v«im<t^
poctice at 22 or 23 years of age, if he has good talents, will for the first 5 or 6
years make enoun^ to maintain Mmself; in the course of 5 or 6 years more
he may lay up something, and after 10 or 12 years he may marry. Of course
ene-hdf of the lawyers that ever have appeared or perhaps ever will appear at
the Kentudcy Bar have lived or must live single for life, unless they should
have been or shall be fortunate enous^ to get a judgeship. AndtiiesaUryofa
Mge will at coice show the disheartening pngpects of a lawyer except of the
fint class, a judge's salary untfl about 6 years ago was $750, at which time it
was raised to $1000 and 2 years ago it was raised to $1200 (the Court of Ap-
peals to $1500). A judge has upon an average about 4.counties in his Circuit,
each county holding 3 terms a year and from 1 to 5 weeks at a term, so that a
judge is or ought to be industiioualy engaged from 35 to 45 weeks in every
year, and yet theoffioe, when a vacancy happens, is sought for with avidity.
The situation and prospects of a merdumt (or shop keeper) has beoomt
lor the last 3 or 4 years but little better than that of a second rate lawyer.
Yet this may emphatically be called a good poor mon*s country; but to
Uve independent a farmer ou^t to make almost every article of necessity
withhi his own &mily; but not one man in 20 has or can make money by a
Um; the produce of the earth is too low and the price of labour too high to
make anything that way, more than a plentiful support.
I should, however, think if you could get a place in some of the land offices
in Western Territories or New States upcm a salary that would barely npin-
Digitized by VjOOQIC
20 LEWIS H. MACHEN
Virgmia to take up a residence in Nashville, and who, dur-
ing Jaduon's administration was generally recognized as the
confidential adviser of the president. Mr. Lewis responded
very cordially, and eulogized the new senator:
Wm. B. Lewis io L.H. Machen.
Nashville, Fdmiaiy 7, 1824.
Should the circumstances occur you seem to anticipate, you need
be under no apprehension that family connections or influential
friends will have any weight with General Jackson, unconnected
with merit, or in the absence of the requisite qualifications — such
considerations are too paltry and selfish for a person of his oilarged
and liberal mind. Those who are best acquainted with the General
know that merit and qualifications ahne are the considerations by
which he is influenced, and these he will always patronise and sup-
port, whether possessed by the wealthy or the indigent — more gener-
ally giving preference to the latter when there is an equal degree of
merit. Should he be pleased with you, on an acquaintance, and I
have no doubt but he will, you will find him a warm and decided
friend always ready and willing to serve you on all proper occasions.
You will find nothing repulsive in his manner — on the contrary he
is inviting, open, warm, candid and sincere. He is a man of the
people — Olives and acts for the community at large, knows no dis-
tinction save that bottomed upon merit, and is an open and avowed
enemy to intrigue and intriguers.
tain your family for a few years, avenues would open during that time, by or
thro' which you could make money— you would frequently perhaps have <^
portunity of procuring lands upon low terms and then a few years selling them
at good prices. Many have made money in that way, and some few immmif
fortunes. And the greatest fields now open for that sort of speculation are
the Missouri and Alabama Tmitoiies, and the State lately erected out of the
Mississiiyi Territory. And I should suppose that either of those Territories,
to take the country generally, is as healthy as the City of Washington or tbe
Town of Alexandria; some ^>ots of them as much so as any others in Americ a.
Your relations are, I believe, aU well in this State. Remember me affec-
tionately to your wife.
Yours affectionately,
Thomas Lewis.
Digitized by VjOOQIC
OPPOSITION TO ANDREW JACKSON 21
Notwithstanding this favourable introduction, Lewis H.
Machen socm contracted a hearty political antipathy to An-
drew Jackson; and in the presidential campaign of 1828 he
wrote for the NoHonal ItUdHgencer a series of strong, not
to say violent, articles in support of the Whig or Anti-
Jackson candidate, John Quincy Adams. These articles ap-
peared pseudonymously, under the signatures "Henry,"
"Lowndes,*' and "Philo Lowndes;" but my grandfather's
authorship was widdy known or suspected,** and the Sec-
retary of the Senate, his superior officer, strenuously objected
to his partisanship, doubtless fearing lest he himself should
be included in the condemnation of his subordinate by the
successful Democracy. My grandfather, though threatened
with loss of office, refused to forego his right as a citizen to
use his pen in support of the policies and candidates which
seemed to him conducive to the welfare of the country. He
himself prepared and preserved a contemporaneous rq)ort
of the conversation on the subject between himself and the
Secretary of the Senate:
Sfttorday, October, 182S.
A conversation took place today between Mr. Lowrie, the Secre-
tary of the Senate, and m3rself , which from the circumstances that
led to it, the tenor, and the possible result, requires me to preserve
ao account of it. The following therefore is the substance, as
nearly as I can recoUect, entered on the night of the same day.
Mr. Lowrie had written to me, at the suggestion of an anon3rmous
writer, respecting my contributions to the pubUc, on the presi-
dential election, and intimated his decided disapproval. I replied
den3dng his control over my private affairs. See these letters. —
^^The artklet attracted cooMaMt attention at the time. For ffiample,
P. W. Fendall, a weU known Waahingtonian, wrote to their author: ''A
lentleman from Savannah has paid me the hig^ compliment of ascribing to
me the essays of Henry; and has requested a copy from me. I promised him
to apply to the author for one. You would therefore oblige me by sending me
t copy if you can. I think they were published in pami^ilet form or some of
them w«e." {P. W, FendaU to L. H, if., AprU 7, 1835.)
Digitized by VjOOQIC
22 LEWIS H. MACHEN
Walier Lawrie io L. B. Machen.
BvUer, 15th September, 1828.
Sir:
It has been intimated to me, within a few days past, that you are
engaged in writing for the public prints on the subject of the presi-
dential election. I hope the intimation is not correct Vfith the
sentiments and preferences of any of the gentiemen in my office, I
have nothing to do; but I do most decidedly disapprove of any of
them writing on either nde of the present contest.
Yours respectfully,
Walter Lowrie.
L. B. Mackm lo Walier Lowrie.
Wadiiiigt<«, September 23, 1828.
Sir:
I received yesterday your &vour dated Butler, Sq>t. 15, in
lAnxh you apprise me that it has been intimated to you that I am
engaged in writing for the public prints, on the subject of the Presi-
dential election, and eatress your decided disapprobation of any
written expression of opinion, by the gentiemen serving the Govern^
meni in the office over ^riiich you preside, in either side of the pres-
ent contest.
As an indication of the wishes of one, holding the relation of my
official superior, for whose opinion I have always entertained the
highest regard, I shall give to your communication a most respect-
ful ccmsideration.
I think it probable, however, that your informant has misled
you as to the extent or nature of my contributions to the pid>lic.
I am no stipendiary of any public print whatever, and the little I
have contributed to the pubUc, through the medium of one, I shall
neither be ashamed nor unwilling to avow.
Upon entering the public office, I engaged to parform, to the best
of my ability, a known and prescribed duty; to conform to the
instructions of the head of the office relating to that duty; and to
receive as an equivalent for the services thus rendered, not as a
consideraticm for n^ts abandcmed, the compensation vrbich, might
be aUowed by law. But I never did engage to become an automa-
ton or a machine; to look on unmoved, or without effort, when I
Digitized by VjOOQIC
A SPIRITED DIALOGUE 23
should see the republic institution of my country in danger, or to
surrender a single right of an American citizen.
In the office and during the hours devoted to its duties, I ac-
knowledge and obey an official superior. When my official duty
has dosed, I stand on an equal footing with any man that breathes.
In the hours of relaxation from the toil and drudgery of office, my
thoughts shall wander as discursive as the air; my opinions, uncon-
trolled by human authority, shall be embodied in any form my
judgment shall approve; and while others are extinguishing life
in dissipation, or permitting their Acuities to grow torpid from
disuse, it shaU be my endeavour to treasure up these precious
fragments of existence, and devote them to objects which I may
deem beneficial to my &mily or society, and pleasing to that Being
idio has the time of all at his command.
I am. Sir, req)ectf ully.
Your Obedient Servant
L. H. Machen*
Mr. Lowrie arrived in the City Hiursday Evening, October — .
Friday Evening, Green, the Editor, had an interview with him on
subject. Saturday (this day) Mr. Lowrie entered the room in
which I was engaged, and, taking a seat near me, conunenced:
Mr. L. I should be glad to know, Mr. Machen, the extent of
your contributions to the papers.
Mr. M. I cannot conceive. Sir, that anyone can have a right to
request so full a development of my private concerns. Should you
have, however, any personal interest in any article of which I may
be suspected as the writer, I shall not hesitate to say whether I am
or not.
Mr. L. I did not suppose from your letter that you wished con-
cealment. I am not solicitous to know, and perhaps it is best
that I should not.
Mr. M. Nor am I anxious for concealment; and that which I
mif^t be inclined voluntarily to communicate to you, as to one I
mi^t consider a friend — ^I might be unwilling to communicate
if required. I have frequentiy conmiunicated my thoughts on
passing events. I endeavoured twenty years ago to resist the
dection of Mr. Clinton, in opposition to Mr. Madison. In 1812
Digitized by VjOOQIC
24 LEWIS H. MACHEN
I addressed the leading Federalists in G)ngres8, cm the conaeque^^
of thdr unwarranted opposition to measuresnecessary to thefmw-
ecution of the war, and at all times since have ccmsidGred it a rig^
never abandoned and which I will never abandon, to exprtas my
sentiments on the public topics of the day.
Mr. L. Your ri^t is not disputed, but the prudence of ezerdsing
or waiving this right may be a subject for reflection. You cannot
be aware, I am sure, of the excitement "vdiich |»evaik. Whichever
party succeeds, an entire sweep will certainly take jdaoe; and I
supposed when public feeling was so much ezdted, it was the desire
(or the wish or Uie intenticm) of all in this <^ce to preserve a neutral
course.
Mr.M. Whatever may be the intention of one party, should they
succeed, the course to which you allude has not heretofore been the
practice of Mr. Adams, and lam persuaded no one, under his admin-
istration, would be prosecuted or punished for the assertion of his
rights, or the expression of his opinions.
Mr.L. Such seems to have already been the course of both par-
ties. Mr. Livingston, a man of learning and talents, has been left
out for his adherence to one side. Mr. Chandler, a vigilant and
faithful Representative, will be.
Mr. M. These can hardly be considered as analogous cases. Mr.
Livingston and Mr. Chandler hold honourable trusts, and thepeoi^e
have a perfect right to elect such only as they please, and sudi only
as may reflect their will. My duties are ministerial only, they
can be performed without reference to my opinions.
Mr. L. Judge Clark too was removed, for similar grounds.
Mr. M. The case of Judge Clark, I admit, is more in point.
But what odium has his removal universally excited? All ^o
have been concerned in it will be covered with lasting disgrace, and
the time is not distant before they will deqply regret it.
Mr. L. You cannot be aware of the good fedings entertained
for you by Mr. Van Buren and Mr. Calhoun, Mr. Macon and Mr.
McLane. Mr. Calhoun requested me to give you the manual to
prepare, as most competent in the oflSce — said he had given you
trouble — and that he would use his influence to have you liberally
compensated. Mr. Van Buren also urged me to give you all the
extra writing.
Digitized by VjOOQIC
A SPIRITED DIALOGUE 25
Mr. If . I am aensiUe of their kindness and would wish to ctdti-
vate and deserve their friaidship. But I have had frequent
omxxrtunity to notice Mr. Van Buren's Uberality of sentiment, and
I am sure that neither would expect me to abandon my opinion, or
n^lect what I a»iceive my duty to society, to gainthdr &vourable
Qotke.
Mr. L. But how will you api^oach them, or how can they ap*
pcoach you, when they lutve reason to believe that you apply the
tenn/odkm to the party to whidi they belong, and apeak of them
as desfi4r6ie or unprincipled or despairing.
Mr.M. I am not aware of having used such terms, even to their
party, certainly not to them individually; and had I — and had I —
these terms do not approach in harshness many of those which are
daSiy lavished on the party to which I bdong, and I know not why
my f edings may not be as sentimental as those of Senators them*
selves.
Mr.L. General Green, an dective officer of the Senate, and con-
ducting a leading paper of a great party, rqiresents, in an interview
he had 3re8terday with me cm the subject, that your language to
him has been personal and reproachful.
Mr. M. They have been as much so as I could make them, and
still less than he deserved. He first endeavoured to point me out
as the writer of ananynums communications^ which no honourable
man would have attempted without my sanction or permission;
he ascribed to me motives and actions not only false, but abhorrent
to my f eeEngs. He charged me with fraud and forgery, garbling
documents, suppressions and mutilations. I replied, vindicated
myself, and ^>idied to him int^tionally, an cfHthet to which when
used by Sparhawk he appeared most sensitive. I expected a sim-
ilar assault, and was jMrcpared to meet it. He was the aggressor
and-I acted only on the defensive.
Mr. L. This subject has occasioned me more pain and anxiety
than any other since my appointment. I have to you and to your
family the kindest feelings, but I have afaready received more than
twenty letters on the subject, besides the one anonjonously written,
saying that I must do something.
Mr. M. I cannot percdve how you can have the least difficulty.
You have only to say that I am not accountable to you for my
Digitized by VjOOQIC
26 LEWIS H. MACHEN
private conduct — and that my appointment by nam^ was author*
iaed by a Resolution of the Senate.
Mr. L. But the Senators themselves, win interfere, I am certain
at the convening of the Senate.
Mr. M. I cannot imagine that five Senators can be found who
would say a word upon the subject. If, Sir, there is a single Senator
who— after twenty yeais of faithful parformance of my dut3r —
after spending the prime of life in a subordinate station without the
possibility of advancement, without even a pretext for diarging me
with neglect of duty, violation of confidence, or a single act that
can affect my moral character — would yet attempt to remove me
for the exercise of my private right and the frank expression of my
independent opinions, I should like to know him.
Mr. L. You appear to be as ignorant of the world as a child.
When I received your letter I expected nothing less than that you
should propose (or be prepared, or intend) to vacate your situation.
Mr. M. Sir, when I first entered this office, I did not intend to
make it my permanent support I resolved, if practicable, to be-
come independent of it, if I should wish at any time to leave it.
I therefore devoted my nights and a portion of my days to study,
and prepared myself for admission to the bar. During the last
winter, too, I had the offer to accept the conducting of a paper in
this place, but I declined the offer, because while I remain attadied
to the office, I thought I would not be able to do justice to myadf
and to it.
Feeling, therefore, that I was not dependent upon the office for
my support, I have never truckled, I have never &wned, I have
never expressed to any Senator a word that I did not believe to
be true.
But if the time has arrived when the expression of opinions is
to be regarded as a crime, I should glory in becoming the martyr.
Some other conversation took place on the subject of the business
of the office, in which I endeavoured to satisfy him that the inq>uta-
tions upon me or the office were frivolous and unfounded.
This insistence upon what he conceived to be his rights
as a citizen did not operate to his advantage. The Demo-
crats ¥rere successful in the presidential election, but he did
Digitized by VjOOQIC
ASIATIC CHOLERA 27
not loae his oflke. On the contraiy, dght years later, on
December 3, 1836, the same Mr. Lowrie who had taken him
to task for his pubUc advocacy of the unsuccessful candidate
promoted him to be ''Principal Qerk of the Senate" — a po-
sition which he held until 1859.
Shoortly before this promotion, in the autumn of 1836, he
learned of the intention of the Secretary of the Senate to
resign, and aqpiied to election to the vacancy, ^th that
end in view, he wrote to a number of the Senators whom he
had reason to count among hb Mends, but the repUes,
while almost without exception expressing hig^ personal
regard, contained few, if any, unconditional pledges of
support.
Indeed, the rival candidates were men of considerable
political influence, and even included one former senator.
Always ambitious and aspiring, and therefore sensitive
about his occupancy of a subordinate position, my grand-
father, during his canvass for the secretaryship suggested
that a foUure to select him for the higher office would be
deemed such a sUj^t that self-respect would require him to
resign the lower. However, although failing to receive the
electioii as secretary, he retained his clerkship.
In 1832, Washington was visited with an epidemic of Asiatic
cholera. Referring to this pestilence, Lewis H. Machen
wrote ^—
L. H. Machen to WaUer Lowrie.
Washington, September 4, 1S32.
It is at length becoming alarming both from the virulence of the
disease and the number of its victims. It is not nater confined to the
intemperate and the vidous, and the lowest number of deaths from
it 3resterday was twenty, — they probably exceeded thirty. When
I went to die market last Saturday, I was shocked at hearing that
the corpse of a person who had been taken in the night was lying
there exposed to pubUc view.
And again some days later:
Digitized by VjOOQIC
28 LEWIS H. MACHEN
L. H. Macken to Walter Lawrie.
Washington, Sq>teinber 15, 1S32.
You will receive before this reaches you my letter of the 8th inst,
in which I gave you some account of the state of this City. Aitho'
the disease has extended its ravages to other parts, it has not on
the whole, abated since that time. Fewer cases are reported within
the last three days — but the number of private practice has in-
creased. The greatest mortality, at first, was in the vicinity of the
Post Office. That part is now comparatively free from the pesti-
lence: and it is now more destructive on F. Street (leading east
from the Bulk of the Metropolis) and on the Qipitol Hill. A few
days ago, almost every one in the neighbourhood where I reside
appeared slightly affected.
It is certain that in Baltimore the public papers have given no
idea of the reality. I have conversed with those who have persons