THOUGH
the recent appointment of Mr. GRUNDY to the eminent post of Attorney General
of the United States, has brought him prominently before the country, as a high executive officer, and a
distinguished professional man, yet he needed not that to place him in the series of our Political Portraits.
A life now advanced beyond three-score years, with a reputation never sullied -- a consistency so marked as to
secure the constant confidence of those with whom he has acted, and to make him an honored guide as well as
trusted champion of the Democratic cause-an unflinching support, while war was raging, of the honor of his
country, a never tiring exertion to procure and sustain the success of her arms, and a ready and cordial
eloquence to cheer on the patriot-in peace, constantly turning the opportunities of public place to the
introduction and promotion of laws distinguished by a spirit of wise philanthropy, or calculated to extend,
diffuse, and equalize, the benefit of our institutions in every part of our vast confederacy--these acts,
and such conduct, long observed and known, would entitle him, without any distinction of place, to be
included among those men on the incidents of whose lives their fellow-citizens love to dwell. A regard
for consistent and faithful public servants is one of the most striking traits of American Democracy. Of
the fickleness attributed to popular approbation in other countries, we have assuredly experienced but little,
and the occasion is scarcely to be found, in which the Democratic party of the United States has deserted those
who have been true to its principles. In most instances-perhaps without an exception, in every instance-where
those have lost its support who at one time stood high in its confidence, the change is to be traced to the
recantation of declared opinions, to the ardor of ill-timed and importunate ambition, to the false calculations
of vanity unwisely over-rating individual importance, or to the foolish freaks of personal rivalry and jealousy.
Such causes have too often separated from the Democratic party some of its ablest members, and justly deprived
them of the honors they coveted. These would have been easily won by consistent and disinterested exertion for
the public welfare, and a for. bearing and quiet reliance on that popular approval, which is sure
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to be cheerfully conferred, sooner or later, on those by whom it is deserved. The truth of this is established
by our political history from the earliest times of the Republic down to the present-from the days of Jefferson
to those of the subject of this notice-and it ought, if properly weighed, to impress on the mind and conduct of
every public man a useful lesson of forbearance, consistency, and ready but not selfish devotion in the service
of his country.
FELIX GRUNDY is a native of Virginia, having been born among
the mountains of Berkley county, on the eleventh of September, 1777. His father had settled in that remote region,
which was still subject to the ravages of the Indians, shortly after his emigration from England. Not long after
the birth of this son, he penetrated yet farther to the West, and finally fixed his residence, about the year 1780,
in Kentucky. This State which then formed the western portion of Virginia, was suffering under all the
severity’s of Indian hostility; and during the closing years of the Revolutionary war, there were
few of the brave settlers in its scarcely penetrated forests, who had not witnessed the uplifted and bloody
tomahawk of the savage. It was not till the end of 1782 that the cessation of hostilities with England
allowed an effective force to be sent to the western country. This, with the rapid increase of population,
soon enabled the hardy pioneers to check the outrages of their wily foe. “I was too young,” said
Mr. Grundy, in an eloquent speech delivered in the Senate not long since, when some observations recalled the
early history of western adventure-- “ I was too young to participate in these dangers and difficulties,
but I can remember when death was in almost every bush, and every thicket concealed an ambuscade. If I am asked
to trace my memory back and name the first indelible impression it received, it would be the sight of my eldest
brother bleeding and dying under the wounds inflicted by the tomahawk and scalping knife. Another, and another,
went in the same way! I have seen a widowed mother plundered of her whole property in a single night; from
affluence and ease reduced to poverty in a moment, and compelled to labor with her own hands to support and
educate her last and favorite son--him who now addresses you! ” “ Sir,” said Mr. Grundy,
addressing the Vice-President, in the course of the same speech, and looking round upon his associates in the
Senate, “Sir, the ancient sufferings of the West were great. I know it. I need turn to no document to
teach me what they were. They are written upon my memory-a part of them upon my heart. Those of us who are here
are but the remnant-the wreck of large families lost in effecting the early settlement of the West. As I look
around, I see the monuments of former suffering and woe-ask my colleague (General Desha) what he remembers? He
will tell you that while his father was in pursuit of one party of Indians, another
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band came and murdered two of his brothers. Inquire of yonder gentleman from Arkansas (Governor Pope) what became
of his brother-in-law, Oldham t He will tell you that be went out to battle but never returned. Ask that
Representative from Kentucky, (Mr. Wickliffe) where is his uncle, the gallant Hardin ? He will answer that
he was intrepid enough to carry a flag of truce to the hostile savages; they would not recognize the protection
which the flag of peace threw around him, and he was slain. If I turn to my old classmate and friend, (Mr. Rowan)
now a grave and potent Senator, I am reminded of a mother’s courage and intrepiditv, in the son whom she
rescued from savage hands, when in the very grasp of death.”
Among the hardships and sufferings of a school like this, bravery, independence, self-reliance, caution and
wisdom, are imbibed, even in boyish days. From these harsh but useful lessons, were derived the traits which have
since continued to characterize the man. A desire strongly displayed, as youth grew upon him, for instruction of
a kind less rude-a marked fondness for books and study was with difficulty gratified by his widowed mother. Her
own Blender resources, added to the few means of education which Kentucky could then afford, obliged her to become
herself the principal instructor of her child in his earlier years; and not until the establishment of a school at
Bardstown, by Dr. James Priestley, could she secure the liberal education which she so ardently wished him to enjoy.
Among his fellow students were several persons who have since become eminently distinguished in the West, both in
professional and political life. No one of these surpassed, and but few equalled him in the literary standing he
attained.
The first intention of Mr. Grundy’s mother was that he should be educated for the medical profession, but a
talent for debate, evinced when at school, and his own subsequent wishes, ultimately led to the selection of the law.
He pursued his legal studies under the direction of George Nicholas, then the most celebrated counsellor in Kentucky,
and a statesman whose name is connected with the vigorous support of Democratic measures and principles-especially on
the permanent division between the two great parties which took place shortly after. A personal friendship was cemented
by similarity of opinion on public measures--idem velte et sentire de republica--and until the death of his
venerable preceptor, Mr. Grundy enjoyed the benefit of his wisdom, and participated in his warmest affections. His
admission to the Kentucky bar occurred about 1797.
His entrance on a professional career was speedily followed by his appearance in political life. In 1799 a
Convention was called for the purpose of revising the Constitution of Kentucky. To this body he was elected a delegate
from Washington county,
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where he resided. He was a frequent, and proved himself to be, an able debater. The principal point towards which
his exertions were directed, was the establishment, by the fundamental law, of a system of circuit courts throughout
the State. It was not, however, deemed an advisable measure at that time, by the Convention, but the Legislature were
authorized by a clause in the Constitution to establish such courts, subordinate to the supreme appellate tribunal,
as they should in future deem expedient.
With the adjournment of the Convention, Mr. Grundy’s public services did not terminate. He was soon after
elected a representative in the General Assembly, and continued to be a member of that body by successive reelections
until November, 1806. The measure he principally exerted himself to carry, was the establishment of the circuit court
system which he bad failed to induce the Convention to adopt. He was satisfied that this was the only plan for securing
uniformity of judicial decision and practice, bringing justice promptly and frequently to every man’s door, and
giving to all the citizens equal participation in the learning and ability of the principal judges. For several
sessions he pursued his favorite measure with various but never complete success, until in the year 1802 it was
adopted by a large vote of both Houses. Even this, however, proved insufficient. It was negatived by the Governor,
and returned to the Legislature with the reasons of his disapproval. These were again discussed; but the views of Mr.
Grundy were ultimately sustained, and the measure became a law by a constitutional majority of both Houses. Another
subject which occupied his attention, as much almost as the previous one, and during the greater part of time when he
was in the Assembly, was the protection of actual settlers who had purchased public lands from the State. The system
of sales on credit, the injurious consequences of which, both to those who bought and those who sold, had not at that
time been fully developed, had been adopted in Kentucky. The necessary result was, that there were numbers of settlers
who, having devoted their means to reclaiming their lands from the wilderness, were unable to meet the payments due to
the State, and were thus subjected to the loss of their hard-earned property. Frequent efforts to enforce the forfeiture
of these lands were opposed by Mr. Grundy, and he was mainlv instrumental in the adoption of a course of judicious and
liberal indulgence. The year IF42 was marked by an interesting occurrence in his legislative career. He was engaged for
several days in a debate conducted with great animation and ability, almost exclusively between Mr. Clay and himself. A
law had been passed to incorporate an insurance company, of which the avowed object was to insure boats and cargoes on
the Ohio and Mississippi. Into this law a clause was introduced which, after authorizing the corporation to receive and
assign bonds, bills, and notes, in the course
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of its business, declared that “such notes as were payable to bearer might be assigned by delivery.” Under
this provision, the company assumed the right to exercise banking powers. As soon as this assumption was known, Mr.
Grundy introduced a bill to repeal the law ; it became the subject of a warm debate between him and Mr. Clay ; and
finally, after six days discussion, passed the House and subsequently the Senate. The Governor, however, refusing his
approval, it was returned to the House, where it again passed, after renewed debate. It failed in the Senate, the
second time, for want of a constitutional majority. In this indirect manner was the first bank established in
Kentucky.
In the autumn of 1806 Mr. Grundy was appointed a judge of the Court of Appeals; and in March following, on the removal
of Judge Todd to the Supreme Court of the United States, he became his successor as Chief Justice of the State. The
inadequate salary of the office, however, and the little attention he had been able to give to his professional
business or private affairs, while engaged in the pursuits of public life, induced him, in the year 1808, to resign
his office and to devote himself exclusively to his profession. Believing that he could do this with more success in
Tennessee, and especially that absence from Kentucky would effectually withdraw him from public life, he removed to
Nashville, which became from that time the place of his permanent residence. In his professional exertions he met
with the distinguished success due to his ability and legal acquirements. His practice became lucrative and extensive.
His services were constantly demanded in the adjoining States ; and be stood, by general consent, among the most
prominent members of the Western bar. The love of political life was not, however, extinguished. The controversy,
rapidly tending to a war, between America and England, enlisted his patriotic feelings, and roused his scarcely
dormant desire again to participate in public affairs. When, therefore, in 1811, his Democratic fellow-citizens
selected him as a candidate for Congress, he did not refuse the offer, which resulted in his almost unanimous
election.
Mr. Grundy took his seat in the House of Representatives on the fourth of November, 1811, being the commencement
of the first session of the twelfth Congress. It was a proof of the high reputation which be brought with him to
Washington, that he was immediately placed by the Speaker on the Committee of Foreign Relations-a body to whom, it
was well known, would be peculiarly intrusted the consideration of the vital topics then pending between this country
and Great Britain, and which, in fact, seemed already to involve the question of peace or war. His feelings on that
subject were candidly and fully made known. He seized an early occasion, and in his first speech declared, that unless
Great Britain would rescind or satisfactorily modify her Orders in Council,
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and abandon entirely the impressment of American seamen, he was in favor of a declaration of war. These opinions,
boldly avowed, and sustained with his usual and impressive eloquence, were cheerfully hailed by those who believed
the time for decisive measures had arrived, as assuring in their support the hearty co6peration of the West. But
they drew down upon him, in a corresponding degree, the displeasure of those who were opposed to such a course; and
he was soon selected as a special object of abuse and calumny by the Federal newspapers. He had not, however, been
trained in that hardy school of public service through which we have seen him pass, to be affected by such attacks.
Finding, from day to day, that no mode of redress was left but “to oppose force to force in defence of our
national rights,” he strenuously advocated, both in the Committee and in the House, at an early period of the
session, the bill, which eventually passed, to raise an additional military force. When, on the first of June, IS12,
the Message of the President recommending war was referred to the Committee of Foreign Relations, be cordially united
in the able report by which that recommendation was justified; and during the sessions with closed doors, in which it
was for several days warmly, and even violently, discussed, be was among the principal of those by whom it was
eloquently and successfully vindicated. He met with a just reward in the feelings of his constituents. They sustained
him, not only with the voice of unanimous approbation, but by their prompt and gallant actions. They proved themselves
ready an the instant to uphold with their arms the measures of which their representative was the advocate.
Mr. Grundy continued in Congress during the three following sessions, embracing the principal portion of the war.
The absorbing topics of discussion throughout this period, were the various bills of necessity, introduced to raise
funds by loans and taxation, for its prosecution, and to increase and strengthen the Army and Navy. There was scarcely
a debate on these subjects in which he did not participate. He bad voted for the war, as, in his opinion, just and
indispensable to the honor of the country. He was, therefore, in favor of prosecuting it with vigor. Every matured
measure of offence or defence found in him a willing, ready, and able friend; and when it became necessary to resort
to extensive taxation, be, without hestitation, voted for and advocated, the whole system as proposed by the Committee
of Ways and Means. It was against measures such as these that the partisan spirit of the Federal Opposition was
principally directed. They knew that without men and money the war could not be success. fully maintained. They
believed that its failure must overwhelm its champions with popular indignation and disgrace. There were those
among them with whom the love of country was a feeling
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less strong than dislike to those in place. Partisans so reckless deemed it no disgrace to adopt every measure in
their power to prevent the enlistment of men, or the filling of government loans. Actuated by this spirit, they did
not hesitate, in some portions of the Union, to proclaim as foes to 4heir country all who lent their money at this
time of need to the National Treasury; and instances were not wanting of their being denounced from the sacred desk
as enemies of God and man. Mr. Grundy, in one of his speeches, while advocating the justice of the war, took occasion,
especially, to notice this highly unpatriotic conduct. After reviewing the series of measures, adopted for the avowed
purpose of discouraging enlistments and preventing loans to the Government, he exposed, in forcible language, the real
guilt of such proceedings. 49 They,“ said he, in concluding his remarks, “who discourage enlistments, or
use their influence to prevent loans to the Government, are, in my judgment, guilty of moral treason. By such
conduct they are weakening the arm of their country and strengthening that of the enemy, more effectually than if they
were at once to pass over and place themselves in his ranks to fight against their countrymen. It is true, the
Constitution and laws will not punish them, but they must, and will receive the decided condemnation of every
patriot.” Language such as this drew down upon him the undivided odium of those who had pursued the course
his so unequivocally reprobated. He became the constant theme of their anathemas, and it may not be uninteresting
to record one, from among the many specimens that might be found, of the manner in which his manly exposition of
their covert hostility to their country was denounced.
“What,” writes one of these reckless partisans, “if we now lend them money? They will not make peace.
They will still hanker for Canada. They will still assemble forces and abed blood on our western frontier. Mere pride,
if nothing else, would make them do it. The motives which first brought on the war will still continue it, if money can
be had. But some say-will you let the country become bankrupt? No, the country will never become bankrupt. But pray do
not prevent the abusers of their trust be. coming bankrupt. Do not prevent them from becoming odious to the public and
replaced by better men. Any Federalist who lends money to Government must go and shake hands
with JAMES MADISON, and
claim fellowship with FELIX GRUNDY. Let him no more call himself a Federalist and friend to his country.
HE WILL BE CALLED
BY OTHERS INFAMOUS.”
Against language such as this Mr. Grundy found an ample shield in the increased affection and confidence which he
obtained among his Republican friends, but especially among his own high-spirited constituents, The latter had been
from the first the brave and
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gallant supporters of the war. The army was filled with volunteers from among them, and it was in allusion to their
readiness every where to serve their country that he remarked in reply to an assertion of the right of the militia
not to pass beyond the limits of the United States, “that his constituents had never studied geographical
boundaries when contending against the enemies of their country; and that it was enough for them to know where
the foe was to be found, in order to assert their constitutional right to meet him.”
From the time Mr. Grundy left Congress until the year 1829, he took no direct part in public affairs with the
exception of serving for a few sessions as a member of the Legislature of Tennessee. He was indeed occasionally
employed in temporary official trusts in which his services were sought on account of his ability and high
integrity; and among these, ought to be particularly mentioned, the settlement he effected of the boundary line
with Kentucky, which had long been a subject of fierce and threatening controversy and repeated though unsuccessful
negotiation. But during these fifteen years his professional duties and the nurture and education of his children
formed his principal and favorite employment; and he bad every reason to be gratified in the high legal reputation
and successful practice he continued to enjoy-and not less in the happiness and freedom from misfortune which
attended his domestic life.
In 1829, on the resignation of Mr. Eaton as a Senator in Congress, Mr. Grundy was elected his successor and took
his seat in the Senate on the seventh of December. His term expiring on the fourth of March, 1833, he was reelected
for the succeeding six years; and has continued a member of that body until lately placed by Mr. Van Buren in his
cabinet, as Attorney General of the United States. Throughout this period he held a distinguished rank as an able
debater and judicious counsellor. To the firm support which his strong and unchanged Democratic opinions would
naturally have induced him to give to the administration of General Jackson, he added that confidence in his wisdom,
and that warm personal regard-, which had grown up and were cemented by an intimate association of more than twenty
years. When the Senate rung with the fierce denunciations of his political foes and rivals, upon the removal of the
public money from the Bank of the United States, Mr. Grundy not only supported that measure by unanswerable views of
its policy and justice, but vindicated the motives and character of the President with all the warmth and spirit of
ancient friendship.
Few debates involving important public principles occurred, during the nine years be was in the Senate, without his
participation in them. He sustained the right of the Executive to remove persons from office, as one founded on a fair
construction of the Constitution, and practised without question for forty years, but in so
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doing he did not recognise a mere difference of political opinions, unaccompanied by the abuse of official power or
influence, as affording a just ground for its exercise. In the repeated discussions to which the tariff of 1828 gave
rise, he seized every occasion to express his opposition to that measure. His opinion was, that the power to impose
duties on imports could not be rightfully used for the purpose of protecting domestic manufactures, except to the
extent of the selection of particular objects for taxation within the limits of the revenue actually necessary for
legitimate purposes. When the events connected with this subject assumed their serious aspect in IS33, lie used all
means to effect the passage of the Compromise Bill, was a member of the committee by whom it was remodelled, and was
among those who were most instrumental in warding off the shock threatened by a conflict between the general confederacy
and a single State. Upon all measures connected with the abolition of slavery he has acted with the same republican spirit, and evinced the same anxious desire to preserve unimpaired the well settled compromises of the Constitution.
While in the Senate Mr. Grundy successively held the prominent posts of Chairman of the Committees on Post Offices
and on the Judiciary. The former proved to be a place of great labor and responsibility, and required an examination
into the whole history and business of the Post Office Department, accompanied with elaborate and voluminous reports.
That branch of the Executive had never been previously organized on the principles of strict accountability which existed
in the others ; and the result of these investigations was, to place it upon the same footing, by a law matured in 1836,
of equal benefit to the Department and the community. As Chairman of the Committee on the Judiciary, he introduced and
carried through many important bills. Two of them particularly deserve notice. The first was to extend to the new States
the circuit courts of which they had never yet enjoyed the advantages, and thus give to their laws, institutions and
practice, the consideration in the decisions of the Supreme Court, only to be obtained by having their own judges on its
bench. The other, was a bill violently resisted, but successfully vindicated and at last triumphantly carried, of which
the object was to prevent institutions chartered by Congress from issuing notes after their charter had expired; it was
intended not only to prevent such an abuse of trust for the future, but to stop, as it effectually did, the unjustifiable
conduct of the Bank of the United States chartered by Pennsylvania, in flooding the country with irresponsible notes
originally made on the faith and under the guarantee of an act of Congress.
The close of Mr. Grundy’s legislative career was marked by a philanthropic act whose usefulness, it is to be hoped,
will be widely felt; he introduced, at the late session of Congress, a bill which
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was subsequently passed, with little alteration, to secure the lives of passengers on board of steamboats ; its
provisions were carefully considered and it cannot be doubted that, if properly carried into effect, they will
tend to check the great and apparently increasing disregard for the security of human lives from this cause.
On the first of September, 1838, he became Attorney General of the United States, being the first time he ever
received an appointment under the General Government; and, with the exception of his very brief term on the bench
of the Supreme Court of Kentucky, the only occasion in a long course of public life, on which he has held an office
not derived immediately from the suffrages of his constituents.
In person Mr. Grundy is of the usual height, and his countenance though marked by a mild and bland expression, is
full of intelligence. His conversation is characterized by easy humor and his manners are simple and unaffected.
Though not of a disposition to permit difference in political sentiments to affect his private intercourse, be is
yet remarkable for his own consistency and firmness in adhering to those principles which he adopted in the outset
of public life. Commencing as a Republican of the old school he has so continued without deviation; and no
circumstances, however trying, have induced him to waver from his early faith. As a Senator be always felt that
pride of place, justifiable in one who had so entirely achieved a prominent position by his own exertions, and
although in wit and sarcasm he had no superior, yet he has never been found to indulge in remarks unsuited to the
high theatre in which he acted so conspicuous a part. Never did he degrade the elevated body of which he was a member
by language that could not fail to lower it in public estimation. He eloquently and conclusively vindicated, on more
than one occasion, the majority of which he was a part, from the imputation of a disregard for its in. dependence and
honor; and he defended the Senate itself from the charge that it could be ever lost to the manly assertion of its own
rights. It was during one of these debates that he concluded a very able speech, of which unfortunately there is no
report, by the following language illustrative of these opinions-which we quote, by thd way, rather as the sentiment
of the speaker, than as exactly our own opinion. 14 If, “ said he, 64 the time shall come when the Goddess of
Liberty can find no resting place in the Executive mansion; when the spirit of faction shall expel her from the other
end of the Capitol-yet she will still linger about this chamber unwilling to be gone; and if at last, she shall be
compelled to take her final flight, the parting impress of her feet will be found upon that dome which overshadows the
American Senate.”
Bibliography
Source: United States Magazine and Democratic Review. Oct 1838, vol. 3, issue 10. pp. 161-170
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