Eulogy on the life and character of the Hon. Thomas J. Rusk, late U. S. senator from Texas. Delivered in the hall of the House of Representatives of the state of Texas, on the seventh of November, 1857

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EULOGY

LIFE a:sd CHAEACTER

HON. THOMAS J. RUSK.

31.y?k.TE TJ. S. SEKT-A-TO^l FPIOIIN^ TE^CA-S.

DBLIVERED IN THB

i.l;ill of ll]c foust 0f gc^xestntatibts 0f tk State 0f %%u%,

ON THE SEVENTH OP NOVEMBER, 1857.

BY JOPiN HEMPHILL.

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FriRted By Order of the House of Represenjalives of the 7th Legislature of Texas

AUSTIN:

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PRINTED BY JOHN MARSHALL & CO.,! STATE PRINTERS.

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EULOGY

LIFE AND CHARACTER

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ON THE SEVENTH OF NOVEMBER, 1857.

BY JOHN HEMPHILL.

Printed Ey Orier of the House of Rep'eseniatives of the 7tii Legislilore of Texas,

AUSTIN:

PRINTED BY JOHN MAESHALL & CO., STATE TEINTEES.

1857.

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Austin, 9th Nov., 1857. -

Dear Sir : — In obedience to a resolution passed by tbe
House of KeiDresentatives of the Seventh Legislature of the
State of Texas, the undersigned committee, appointed for that
purpose, beg leave to request for publication, a copy of the
eulogy on the life and character of the late General Thomas
J. Rusk, delivered by you in the Representative Hall, on the
7th inst.

With considerations of the highest esteem, we subscribe
ourselves,

Yours truly and respectfully,

JACOB W.ELDER,
JOHN HENRY BROWN,
THOS. J. JOHNSON,

Committee.
Hon. John Hemphill.

Austin, Nov. lltli, 1857.

Gentlemen : — I have just received your note requesting,
in obedience to a resolution of the House of Representatives,
a copy, for publication, of the eulogy delivered by me on the
life and character of the late General Thomas J. Rusk.

In compliance with your request, I herewith forward you
a copy, and have the honor, with sentiments of the highest
esteem, to subscribe myself.

Very respectfully.

Your most obedient servant,

JOHN HEMPHILL.

Hons. Jacob Wilder, John Henry Brown, Thomas J.
Johnson, Commiitee.

EULOaY.

Fellow-Citizens :

We are assembled to lament the death, and render homage
to the memory of one of our most illustrious patriots, one who
was among the first, if not the foremost, in the hearts of his
countrymen. Thomas J. Rusk the warrior, the statesman,
the idolized of Texas, is no more.

That magnificent form, where "every god did seem to set
his seal," has been consigned to the dust. The eye which
beamed with intellect and with benevolence, has lost its bright-
ness. The tongue which uttered words of wisdom is silent.
No more shall his noble presence cheer with its animating
influence, or inspire confidence, love and aifection. He is dead.
His work is finished on the earth. Well may we exclaim with
the pathetic lamentation of the mourner in Israel: "Hoav
are the mighty fallen ! " But though dead, he still lives in
our memories and in the gratitude of his country. His name
is identified with some of the most important events of the
-v^c present century, nay i$L the history of human Liberty — events
which have exerted, and will continue to exert, a wide influence
over the affairs of men, and the destinies of this hemisphere.

The voice of grief or eulogy cannot reach him — but we may,
with advantage to ourselves, contemplate his character, life,
and actions ; and the brightest tribute that we can pay him
will be the affectionate rememberance of his deeds — attachment

to his principles — and imitation of the hright and noble quali-
ties of his example.

TnoMAS J. EusK was born of John and Mary Husk, in
Pendleton District, South Carolina, on the 5th Dec, 1803.

His father, who had emigrated from Ireland, was an honest
and industrious stone-mason. His parents were poor and
unable to give him the advantage of a collegiate or liberal
e.lucation.

At an early age he evinced a love for books, which was
greatly increased under the influence and encouragement of
his mother, a woman of i)icty and good sense, to whom he was
in the habit of reading especially the Holy Scriptures.

His fine capacity and his thirst for knowledge early attracted
the attention of Mr. Caliioun, (then in the commencement of
his bright career,) who took an interest in the boy, encouraging
him with his advice, and assisting him with the h);!n of books.
These words of kindness and encouragement sank deep into
the heart of the youth, and often afterwards, (as beautifully
expressed by Mr. Rusk in his remarks upon the death of Mr.
Calhoun,) a recurrence, under the most critical circumstances,
to those words inspired him with resolution to meet the diffi-
culties that beset his path. The friendly relations then formed
continued through the life of Mr. Calhoun, and the kind
feelings which so impressed the youth were long years after-
wards manifested by the veteran statesman, on the last day
in which, with a body worn down with disease, he occupied
his seat in the Senate Chamber. At a suitable age, Mr. Rusk
commenced reading law in the office of Wm. Grisliam, for
many years Clerk of the Pendleton District Court, earning his
livelihood at the same time as a Clerk in a merchant's store.
In 1825 or 6, he removed to Habersham county, Georgia. In
1827, he married Mary P., the daughter of Col Cleaveland,
one of the leading men in that section of the State. He was
engaged in merchandize until 1833 — and having shortly after
his removal to Georgia been admitted to the practice of the

law, he entered upon an extensive and lucrative professional
business, having a high standing among a Bar eminent for
professional ability. Unfortunately the spirit of speculation
was rife in the "Gold Region of G-eorgia/' and he became
largely interested in the stock of a mining company, the
managers of which, proving faithless, absconded v\dth the pro-
perty of the company — leaving him with others in poverty
and debt. He pursued them to Texas, in the winter of 1834-
35, but overtook them only to find that the effects had been
squandered and lost.

He did not, when he visited Texas, intend to reside here
permanently. But he saw that a fine field was opened in this
rising country, in which by energy, industry, and enterprize,
he might repair his shattered fortunes. He saw also that the
toils of despotism were gathering around the jDCople of Texas.
That their Just claim, under the organic act of May 7th,
1824, to admission as a separate State of the Mexican Confe-
deracy, had been disregarded ; their Commissioner, Stephen
F. Austin, (to present their memorial for admission as a State)
imprisoned ; the federal form itself of the government threat-
ened with overthrow, to be succeeded by a central military
and priestly despotism. That the violence whicli had for
years afflicted the interior of Mexico with such deplorable
calamities, prostrating its free institutions and its legitimate
authorities — and consigning the friends of the Constitution
and of freedom to the dungeon or to exile, would most prob-
ably, or rather inevitably, extend to Texas, hitherto exempted
by the remoteness of its situation — and, in fine, such was the
alarming progress of usurpation and oppression, that war
would ultimately be the only remedy by vv^hich the people of
Texas could save themselves and their liberties from total
destruction — and with that generosity of spirit and devotion
to freedom, which shed such warmth and brilliancy of lustre
over the character and acts of the subject of this eulogy, he
determined to remain, and offer his services and his life to the
coming struggle. Nor was he mistaken in his apprehensions

that the people would finully be compelled to resort to arms
in defence of then- liberties.

The political action of the Mexican authorities, aL every
successive step, evinced a determination to overthrow, without
even the call of a Constituent Congress, and in disregard of
the provisions (especially of the 171st art.) of the Constitu-
tion of 1824, the federal form of government, and establish .a
central despotism on its ruins. In the course of these arl)itrary
proceedings, and without referring to those of a date anterior
to the arrival of Gen. Rusk in Texas, the Vi(ie-President,
Gomez Farias, a Republican in principle, but an enemy to the
despotic rule of the Priesthood and of the military, v,-as early
in the year 1835 deposed without impeachment or trial. On
the thirty-first day of March, 1836, by decree of the Mexican
Cong-ress, the civic militia Y\-as ordered to be reduced to one for
every five hundred inhabitants, and the remainder disarmed ;
an enormity of despotism sufficient in itself to have justified
a revolution. On the twentj^-second of April, 1835, the Con-
gress of Coahuila and Texas protested energetically against
the proposed violeirt reforms of the Government. That tliey
were especially dangerous for Coahuila and Texas, bordering
as she did on a powerful Republic — a considerable portion of
its territory settled by inhabitants whom changes did not suit,
and who could not conform to such inconstancy in the most
essential acts of the public administration, and that the State
would recognize no other amendments than those made ac-
cording to the forms of the Constitution. The State also, at
the same time, protested against the Decree disbanding and
disarming the militia. These jirotests were wholly disregar-
ded. On the second of May, 1835, the National Congress
passed an act of general amnesty for political ofienccs since
1821, excluding (against the remonstrance of the State of
Coahuila and Texas) persons not. born in the Republic, who
had participated since the first of May, 1834, in "the political
disturbances of the country. Thus proscribing and excluding
Texans (who were principally foreigners) from the benefit of
the Decree.

Several of tlie Southern States of Mexico were opposed to
the revolutionary proceedings of the Centralists ; but they
were silenced, or were too weak to offer formidable resistance.
The State of Zacatecas which had often "curbed despotism
and the abuse of power," protested against the usurpations of
the National authorities — refused to disband its militia and
had recourse to arms, to protect its sovereign rights as a State.
But her array, on the eleventh of May, 1835, was defeated
with immense slaughter. Her fine Capital, with all its wealth,
given up to unbridle J pillage, and her noble sons hewn down
with merciless butchery. The heroic etibrt of this gallant
State was quenched in blood, and her people reduced to un-
conditional submission. The State of Coahuila and Texas
was left alone to to uphold the Constitution of 1824. But the
authorities of the State had become so unpopular in Texas
from their wasteful expenditure of the public lands, that the
energetic appeals to the Texians by the Executive of the State
to arouse themselves, for their property, liberty and lives de-
pended upon the capricious will of their direst enemies, were,
for the time, disregarded. The Executive was subsequently
arrested, the Legislature dispersed, and the province of Coa-
huila finally subjected to military government. The storm
was now rapidly approaching Texas, the only portion of the
Republic of Mexico that had not been subjugated. It became
apparent that the Federal Constitution would be destroyed.
The patriot Zavala, and some of our own eminent citizens were
proscribed, and orders sent for their arrest and transfer to the
interior ; to be given up, in effect, to military execution. It
was proclaimed that the Texians must obey the constitution
governing the Mexicans, no matter on what principles it may
be founded. In the despatch to the Governors and Political
Chiefs, of the thirty-first August, the National Executive re-
gards Texas as then in armed rebellion, and declares that he
had taken the most active measures to chastise the ungrateful
foreigners. Troops were now introduced into Texas under va-
rious pretences. The Colonists, though they had, as well from
inclination as interest, been hitherto diposed to peace, were

10

not the men to tamely surrencler rlj^hts secured by so many
guarantees, or be driven from the country in Avhich tlioj^ had
settled by invitation from the Government, and which they,
by their unaided toils and efforts, had reclaimed irom the
savage and emljellibhed with the ini|)n)vements of civilization.

There was no alternative left but a resort to arms ; and at
length the torch was ap].)lied to the intlannnable materials and
the flame of war spread throughout the land.

A piece of artillery was demanded by the Mexican Com-
mandant of San Antonio from the town of Gonzales, and a
body of Cavalry sent to enforce the demand. This was re-
sisted. Volunteers rushed furw;u\l to sup})ort the gallant cit-
izens of that town and vicinity ; and on the first day of Octo-
ber, 1835, the first battle was fought by Texas, and the first
victory gained in the c<uisc of Liberty, of State sovereignty,
and of tlie Constitution of" 1824.

In the mean time, and before any thing had been done or
resolved upon, Gen. Eusk, in anticipation of events, had
raised a Company at Nacogdoches, which was drilled by him
into a state of great efficiency, and with which, or a portion
of which, he, on the first news of the atteni])! at disarming,
repaired to the army in the West — then under the connnand
of General Stephen F. Austin. It was here that General
Eusk first became acquainted with this great and good man,
so eminently entitled, from his extraordinary services and ex-
alted intellectual and moral qualities, to the appellation of
Father of his country. To him, Gen. Eusk became much
attached, and in his own language, ho regarded him as the
purest patriot and the best man he ever knew. The military
qualities of Gen. Eusk, though a stranger, were appreciated,
and he was placed on the Staff of the Commanding General.
His force of character and intellect had their just influence —
and as occasions offered, he exhibited his characteristic bold-
ness and intrepidity; and especially in his daring attempt, at
the head of forty Cavalry, to draw the enemy from their en-
trenchments. After the first successes at San Antonio, he

11

returned to the Seat of Government at San Felipe ; and on
the tenth December was appointed by the Council to proceed
East of the Triuity to procure reinforcements and supplies to
aid in the reduction of the City of San Antonio, and though
that City, after a continuous assault of five days in its honses
and streets, had, with all the hostile forces, surrendered on the
day this a})pointment was made, yet the men and munitions
collected were of valuable assistance in the futnre operations
of the army. He, with others, was elected from Nacogdoches
as a Delegate to the Convention to assemble at Washington
on the first of March, 1836. The great question in the can-
vass had been, whether Texas should declare her entire Na-
tional Independence, or adhere, as by the Declaration of the
seventh November, to the Kepublican principles of the Con-
stitution of 1824. The considerations which induced the Con-
sultation to decline the assertion of absolute Independence
and total separation from Mexico, had now, in the opinion of
a great majority, lost their force. The Consitution of 1824
had been absolutely abolished, and the States reduced to De-
partments. There were ardent and enlightened lovers of lib-
erty in Mexico — but they w^ere powerless. The mass of the
Nation was against us, having been ftilsely induced to believe
that our only object was, and had been, the dismemberment
of the Mexican Territory. The war on the i)art of Mexico,
as againt Texas, was no party war — for or against this or
that form of Gov^ernment, but was national — was to chastise
or exterminate those denounced by them as "foreign robbers."
The war on our part could be no longer to sustain a party in
Mexico, or for a form of Mexican Government — but for self-
preservation — for Independence, and for a Government of our
own, adapted to our wants and circumstances. The sentiment
in favor of unconditional Independence had become general ;
and accordingly, on the second day of the session, viz : the
second of March, 1836, the Convention unanimously declared
Texas to be a free, sovereign and independent Republic, and
that its political connection witn the Mexican nation had
forever ended.

12

The circumstances under wliicli this declaration was made
were perilous in the extreme.

. Saata Anna, with his immense hosts, had invested the
Alamo. In a few days this was taken, and its brave defenders
put to the sword. There were rumors of the approach ol the
enem}'-, and the Constitution, (one of the best ever penned,)
was hastily thrown together, and on the 16th March, the Con-
vention adjourned. The ability of Gen. Ru«k in debate, his
sound jud^jjment and conservative principles and influence had
great weight in the convention, and some of the principal fea-
tures of the constitution are attributable to his agency. So
high was the estimate of his woith, and his capacity to meet
the awful exigency then threatening the country with speedy
and overwhelming ruin, that he was by the convention una-
nimously el.^cted Secretary of War of the government, ad in-
terim— by far the most important offlce in the cabinet — war
being the instant, the jiressing, the almost exclusive business
of the j)eople and of the government. He immediately adopted
the most energetic measures to suj^press alnrms and to arouse
and stimulate the people — and to concentrate the force, the
arms, and the supplies of the country to its defence.

On the 17th of March the government removed from Wash-
ington to Harrisburg. On the thirtv-first of March, General
Ru.^K issued a strong appeal to the people to march to the
defence of their country. On the next diy he left for the
army which he reached on the fourth April, most cordially
welcomed by the Commander-in-Chief, and by the whole arni}^
His military abilties were of a very high order, and he was in
all matters advised and consulted by the Commander-in-Chief.
On the nineteenth April they united in a last and energetic
appeal to the people to rally to the standard of their country.
And on the twenty-first of April he distinguished himself in
the victorious battle of San Jacinto — one of th )se great achiev-
ments which stand out in prominent immortality on the page
of history — which decide tlie issues of war and the fate of na-
tions, and Avhicli in the language of General Eusk saved the
country from the yoke of bondage, and " at the close of which

13

the snn of liberty and independence arose in Texas, never, it
is t-o be hoped to be obscured by the' chjiids of despotism."
His daring intrepidity in the assault, and humanity after the
defeat, won the admiration of an army where all were brave — '
all animated with the highest impulses of freemen — all elec-
trified with an enthusiasm and a determined resolution which
could not fail against even greater odds of achieving the tri-
umph.

The wound of General Houston having disabled him from
active service. Col. Rusk at the solicitation of the cabinet and
of the army, accepted, though at great personal sacrifice, the
command-in-chief, with the rank of Brigadier-General. The
army was sustained in a state of great efficiency, but there
being no second invasion nor active operations General Rusk
next winter resigned his position, and also declined the office
of Secretary of State, tendered him by President Houston, his
private duties, burthened as he was with the support of his
own and the family of a brother-in-law, requiring his attention.

Let us pause to reflect for a moment on the character of the
struggle among the leading Sj)irits of which the subject of
these remarks occupies a very eminent rank. For grandeur
and elevation of principle — for purity, fearlessness and lofti-
ness of motive in its inception, as w^ell as for gallantry and un-
conquerable resolution on the field of arms, vre do not exag-
gerate when we say that it was not surpassed by any event in
ancient or modern history. This was no war on the part of
Texas for mere gloiy — -for spoliation or for aggrandisement on
the rains of a weak or defenceless neighbor. This was a strug-
gle by freemen who were born free, for their country, for tlieir
homes — for liberties secured to them by the most sacred gua-
rantees, and which, without fault on their part, were threat-
ened with utter extinction.

There is scarcely an instance in history in which there was
so vast an inequality between the combatants, and the victory
showed that in the language of divine truth, " the battle is
not to the strono;."

14

We did not rise against an oppressor so smitten by age, or
enfeebled by decay, as to be tottering to his fall Mexico held
undisputed sway over a vast region which had comprised nine-
teen States, and four territories, now merged into a strong
central despotism, with eight millions of inhabitants, with a
large standing army, ably officered, fully munitioned, and
thoroughly disciplined. Texas was but a single province of
one of these former States, with a j)opulation not amounting
to thirty thousand inhabitants, almost without an army or
navy or munitions of war.

Texas was not leagued with other States or provinces as
were the American colonics in 1776, capable many of them,
of waging and sustaining war, supported as they Avere by for-
eign aid, actual and anticipated. She was alone without
co-operation from any of her sister States or provinces — with-
out even the hope of support from any foreign ally, though
not without the active and warmest individual symi^athies of
many gallant and devoted friends of liberty in our native land
who rallied — notwithstanding the pains and penalties of neu-
trality laws — to our support against the armed hosts of des-
potism.

The dark masses of the enemy were pouring over the land,
with havoc and extermination for their watchword — and de-
solation marking their path.

The families — the women and children and the whole popu-
lation not under arms, were fleeing from a merciless and brutal
soldiery with fearful dread that the tomahawk and scal])ing
knife of the savage might be turned soon upon them — sparing
in their bloody rage, neither sex, age, nor innocence.

But the heroic spirits of Texas quailed not under these ter-
rific circumstances. Their hearts trembled indeed for their
wives and children, but as the enemy swelled in rage — in
jiower — in menaces and deeds of extermination, so rose up
high the spirit of resistance, the unfaltering resolution to sus-
tain the liberties of their country, so long as there was one
stout heart, or one single arm left to strike in their defence.

15

We may well say that in no struggle for liberty, ancient or
modern, was there any one founded on more just or substan-
tial rights — none more exalted in the motive — none certainly
more daring and astonishing in enterprize — none in which the
high resolve was more quickly followed by the heroic deed, or
in which the career of despotism was crushed by a more
speedy or decisive overthrow.

We may say of the second of March, 1836, as has been elo-
quently said of the fourth of July, 1776, that " on this day
a nation was born at once — a new order of things arose, and
an illustrious era in the history of human aftairs commenced."
Most certainly a surprising era in the affairs of the American
continent commenced on the second March, 1836. As the
birth-day of our own independence, the day on which our lib-
erties arose — it cannot be effaced from our hearts and recol-
lections, nor should its annual return be suffered to pass with-
out festivities and commemorations. Nor can we remember
without gratitude the patriots who sustained Texas in the
hour of her darkest peril. We reverence their names, we do
homage to their patriotism, their burning zeal for liberty, and
their exalted virtues. They rise in grand and brilliant array
before the mind and the memory. Many have passed from
this mortal scene. Let garlands be flung upon the graves of
those who have passed to eternal life, and let the survivors
be crowned with the respect, the honor and the veneration
due to the fathers of our liberties. Among the most illus-
trious of these was Thomas J. Rusk, one of the signers of
the Declaration of Independence — the Secretary of war, when
war was the highest object, and almost the entire business of
the G-overnment — the sound, the able adviser, the confiden-
tial counsellor of the Commander-in-Chief, in that awful
emergency when a mistake in judgment — a false movement
might have occasioned the most disastrous calamitips, and
been almost a death blow to our national existence, and final-
ly was among the most distinguished of that chivalric band
who swept the " minions of tyranny" as chaff before the wind
and secured to Texas her equal rank among the nations of the

16

earth. Can the name of Thomas J. Rusk be forgotten ?
Never. His name is indelibly associated with and will endure
as long as the liberties of Texas survive. It will live as long
as there is honor for exalted patriotism and worth, or gratitude
and alloctionate remi3mbrance in the heart of man.

1 will now resume the brief narrative of some of the more
important events of the life of tlie patriot, whose services we
counnemorate. He was engaged in military service during a
portion of the Summer and the greater portion of the Fall and
Winter of 1838. In August, 1838, a rebellion of the Mexi-
cans in the vicinity of Nacogdoches was suppressed by troops
under his command, and, about the same time, he pursued a
band of hostile Caddoes, and disarmed them within the limits
of the United States. In October, 1838, at the head of two
hundred men, he defeated, after a sharp engagement, the war-
riors of Kickapoo, a brave tribe of Indians, and, on the 15th
and 16th of July, 1839, at the head of a regiment, a portion
of the forces under the command of Brigadier Grcneral Douglass
against the Cherokees, he was found in the thickest of the
battles, and, by his daring and intrepidity, adding new laurels
to the brightness of his fame.

In the meantime, in December, 1838, he had been elected
Chief Justice of the Supreme Court, and, being absent on
military service, perhaps not apprised of his election, no term
of the Court was held in 1839. Pie i)resided at Austin in
1840, being tlie first term at which there was a quorum of
the Court in attendance. He resigned during that year, and
resumed a vridelj'-extended, important and lucrative practice
of the L^w.

In 1843, he was elected Major General of the militia — an
office with extensive powers, which, after a short period, ho
resigned.

But the political condition of Texas was now about to
undergo an important change. A revolution (peaceful, in
deed,) was to take from her a portion of her national sover-
eignty and independence, and iucorj^orate her as one of the

17

States of the great Confederacy of the United States. Gen.
KusK was a warm friend of annexation, from its incipiency,
in all its forms, and, in 1845, lie was elected a member of the
Convention, to frame the Constitution of the State. Of that
Body he was unanimously declared the President, and served
in that office with unsurpassed dignity, impartiality and abil-
ity. He did not confine himself to the duties of presiding
officer, but mingled, frequently, in the debates on important
measures, and his clear conceptions, comprehensive views,
forcible eloquence, and conservative tendencies, with his weight
of character, exerted a powerful influence in the deliberations
of the Convention.

On the annexation of Texas, he was, in 1846, with great
unanimity, elected one of her Eepresentatives in the United
States' Senate — an office, which, under the then existing cir-
cumstances, was felt to be of the deepest importance to the
welfare of the State. He was twice re-elected, and such was
his influential position in that august Body, and the estima-
tion in which he was held by his fellow Senators, that he was
elected President, pro tern, of the Senate, on the last day of
its late session — this, the closing event of his Senatorial
career, being one of the" highest testimonials that could be
offered to his abilities and to his worth, moral and intellectual.

I shall not attempt to recapitulate the political events occur-
ring during the period of his Senatorshiji. His name, during
the eleven years of his service, has been identified with some
of the most important transactions that have transpired since
the formation of the American Union. One of transcendant
importance was the question of our Eio Grande Boundary,
which, in 1850, assumed an aspect of complex difficulty, and,
at one time, of the grossest outrage, and even of appalling
danger to the State of Texas. The Eio Grande line had
always been proclaimed and asserted by Texas. It was not
distm'bed by the measure of annexation, but was substantially
enforced by the United States in their war with Mexico, and
was admitted by the United States, especially the Executive

I

^w'-

18

Depaitmeiil, up to 1850. It was then diBputed, and, at one
time, repudiated by the United States. The question pre-
sented various shapes of compromise — of threatened war, with-
out compromise, if Texas attempted to enforce her jurisdic-
tion ; and of compromise with the threatened enforcement of
the hostile claims of the United States in the event of Texas
declining to accept the proposition. The question was also
complicated, or attempted to be entangled, with other issues
between the northern and southern sections of the Union.

The crisis demanded of our Representatives the highest
degree of boldness, promptitude and solidity of judgment,
profound sagacity, extended views of results immediate and
remote, and an equanimity, which neither the injustice nor
the menaces of enemies, nor the taunts of friends, (who were
not unwilling that Texas should become the theatre, perhaps
bl9ody, for the settlement of sectional issues,) could disturb
or excite into such passion as might endanger the true inter-
ests of the State. These, and other great qualities, were
found in Gen. Rusk. He had also commanding personal
influence— was devoted, with the warmest and strongest
attachment, to the Union, but with his primal affections for
his own State, which, he declared, was entitled " to the first
and last drop of blood that ran in his veins, in defence of her
just rights against all opposition, however formidable."

For eight long months was this exciting, dangerous ques-
tion (in connection with others,) the subject of debate by the
great statesmen and orators of the American Senate. On
numerous occasions, and at all proper times, did Gen. Rusk,
in clear, strong, emphatic terms, and with undeniable facts
and conclusive arguments, vindicate the justice of our claims,
solemnly admonishing the country of the dangerous conse-
quences of any violent infraction of our rights, as the State,
against all opposition, would resist injustice and oppression to
the end — refuting objections, and repelling' the unfounded
assumptions of the adversary claim. The decision of his
character, the ability and straight-forward earnestness of his

19

arguments, had great efficiency in producing the final result
of an honorable compromise, for which he voted, and which
was afterwards accepted by an immense majority of the people
of the State. And thus was settled a most perilous contro-
versy, which threatened, at one period, to deluge the State
in blood, and, in its ultimate consequences, to destroy the
Union itself.

It might be deemed unjust, in this connection, not to allude
to the cordial co-operation between our Senators in all the
measm'es connected with the Boundary question ; and that, in
all its stages — and in its darkest perils, the commanding abili-
ties of Gen. Houston, his prudence, eloquence, energies and
influence, were exerted with powerful effect to sustain the
honor, the rights, the safety, and the interests of the State, — ■
and that these were most ably, eloquently and earnestly illus-
trated, vindicated and sustained by Messrs. Kaufman and
Howard, in the House of Kepresentatives.

In the progress of this debate, on the twenty-eighth day of
February, 1850, Mr. Rusk gave an exposition of his views on
the subject of non-intervention, and strenuously maintained
that the slave-holding States have an equal share with the
other States in the Territories of the United States, and an
equal right to remove there with their slaves as their property ;
that the Territories were, in fact, open to all — to be equally
enjoyed by all sections of the Union.

This great doctrine of non-intervention, or the equality of
rights and' privileges of the several States in the Territories of
the United States, he, four years afterwards, affirmed by his
vote on the Kansas and Nebraska Bill ; and it was again and
emphatically asserted by him in the debates at the last session
of Congress.

There were many other important measures and principles
with which he was identified, but which cannot, within the
limits of this Eulogy, be enumerated.

As Chairman of the committee on Post Offices and Post
Roads, he had an intiniato knowledge of the Postal arrange-

20

mentB and wants of the country. And so deeply was his loss
deplored by the Department, that the Post Master General,
in an official letter, has paid a feeling and aflfecting tribute to
his character and memory.

His deep interest in railroad improvements, and his efforts \
and services in giving an impulse to the great line which is to /
span the continent, and link the Atlantic and Pacific together i
as with bands of iron, were most important, but are too famil- i
iar to have been forgotten, or even obscured in the recollection.

He was rarely absent fi-om his post in the Senate. With
untiring assiduity he examined thoroughly the questions before
that body, and his opinion when formed, especially on subjects
before Committees to which he was attached, had a force almost
irresistible.

No man ever served in public life more entirely free from
even the suspicion of corrupt, mercenary, or improper motives.
With integrity, purity and singleness of purpose, he devoted
his great talents to his country, unswerved by selfish designs,
or the impulses of an ill-regulated ambition. He was endowed
with moral courage in an eminent degree. As an illustration, on /
the Boundary question, he expressed his determination to vote
for a proi3osition which he thought Texas might with honor
accejyt, though from information on which he relied, he felt
conscious that by such vote, he would forfeit his seat in the
Senate. This anticipation, happily for the country, proved to
be groundless. Texas did accept the proposition. But his ,
resolution showed that even against a justly indignant public [
sentiment — ^but exasperated in his opinion to such a degree as \
to be deaf to the sugestions of prudence — he had a spirit which |
could boldly stand up for what he deemed the true honor and '
interests of the State, though at the risk, nay, the certainty oi
the sacrifice of himself.

He was generous, magnanimous, brave and humane. He
was largely endowed with that fine electric quality which seems
the gift of nature — the result, perhaps, of a rare combination
of the higher qualities of the intellect and of the heart, which

21

inspires confidence, and exerts in a mystical way, a control over
surrounding persons, wMch exacts obedience from a soldier
more from attachment and a high and implicit trust, than from
the force of discipline, which in the hour of danger, draws all
to him as the pilot who must weather the storm ; which arbi-
trates and settles the difiiculties of others, makes friends every-
where without effort, and in legislative assemblies, gives an
influence which no mere talent, intellect, energy or efforts to
please can ever possess.

Gen. KuSK had all the essentials of genuine eloquence, j
He mastered the strong points of the subject — had clear con- ■■
ceptions, sound practical common sense views. These were
expressed with clearness, force, simplicity, directness, and with
a bold and impassioned earnestness if requiredby the occasion,
and these, aided by his lofty presence, full voice and beaming
and expressive countenance, seldom failed or to propel the minds
of his hearers before him, and produce conviction, the object
of all eloquence.

Without discussing particularly his character as a Lawyer
and as a Judge, we may say that he combined the important
elements necessary to constitute a great Lawyer. He had a
thorough knowledge of the principles of the Law — a vast
fund of common sense, a familiar acquaintance with the springs
of human action — a spirit of investigation carried to any ex-
tent required to enable him to master the great points in the
facts and law of the cause. These were presented with great
force of logic and with an earnestness and directness which,
very generally imbued the minds or the jurors or tribunals,
with his own impulses and views, and gave him a success sur-
passed by none if reached by any of the many eminent gen-
tlemen who were his cotemporaries in the practice, and who
by their abilities, learning and worth, were ornaments at once
of the profession and of their country.

As a Judge, his career was too brief to form an important
featm-e in the figure of his life. He presided at but one Term
of the Supreme Court, at which, in the consultation room and

22

ill his opinions, lie gave abundant evidence of capacities for
high judicial eminence — capacities which were developed with
such grandeur and brightness in other spheres of public service.

When the grave closes over men full of years and honors,
who have reached the verge of human life, theu' death, as all
the ends of living had been attained, does not affect us with
a deep sense of loss or calamity. But the subject of these
remarks was stricken from existence many years before the
allotted period of human life. He was in the mid career of
his usefulness — he might have reasonably anticipated the
highest honors in the gift of the Government, His name had
been prominent on occasions as a candidate for the Presidency.
A laudable ambition in one who like him, had the requisite
capacities, he sought not the office by schemes and contri-
vances, or by efforts, having that object in view as their imme-
diate or ultimate effects. While he sought not, he would not
have declined the trust, and notwithstanding an innate modesty
and diffidence which required the stimulus of friendship to
induce him to accept office, yet tJie current of public opin-
ion in his favor was increasing with such volume and force,
the confidence in his abilities, integrity and patriotism was
deepening and widening so rapidly that, had he lived, he would
most probably have been promoted to the most exalted station
by the voice of a grateful and admiring country. His sudden
death under these circumstances, is a painful shock to the sen-
sibilities of the mind. It is felt as an untimely stroke, as a
national calamity, betokening we know not what of evil or
misfortune.

In his private relations, he was hospitable and kind, beloved
of all his neighbors. He lived in patriarchal simplicity. All
were welcome at his house, the humblest visited him, and were
equally welcome and at home with the richest and greatest of
the land. In the words of a friend, benevolence and kindness
were more conspicuous in him than in any man he ever knew.
He was deeply affectionate and tender in his family circle ; no
word of unkindiiess to any member of his family was ever
heard to flow from his lips. His wife, the partner of his bosom

23

in youth and in age, in misfortune and in prosperity, was clier- ;
islied by him with an indescribable fervor and depth of tender- 1
ness, love and aifection, and her death in the previous year was |
a blow to his heart from which he never recovered. But it
avails not to enumerate his virtues, public or private, or his
services, or the hopes of his country untimely blighted. He
is gone ! so far as a great man who lives in the imperishable
records of his country's history can die. He has left us a bright
heritage of Liberties won by his valor, and sustained and in-
vigorated by the wisdom of his councils, and he has left a
glorious example of exalted abilities and noble virtues all
devoted to the service of his country.

The manner of his death is the only shade on the grand and
brilliant picture of his long, glorious and useful life. He had f
been weak and sick for some time — the death of his wife had \
been to him a crushing affliction — his grief acting through the '
disordered state of his phj'sical condition, produced such an
increasing degree of gloom and melancholy, as finally to weaken
the control of reason, and in a moment of temporary insanity
to produce the melancholy catastrophe which has filled the
country with lamentation and w^oe. Let the tears of sym23athy
flow for this suddea collapse of one of the finest of mental
organizations, striking as it did from life and from his country
forever, one of her most illustrious and venerated Patriots and
Statesman.

Death cometh to all as surely as the sun runneth his daily
course, but it cannot obliterate the services which this great
man has rendered to his country. It cannot diminish the
brightness of his memory, shining as a star in the political
heavens, and exerting for ages in the future its benign agency
over the political destinies of the people. But, fellow-citizens, . •
I will not attempt to detain you longer by this feeble tribute
to the memory of the deceased. We may not look on his like
again. His place may be filled, but who can fill the void in
the hearts of his countrymen. We may, however, attempt to
imitate his example, to emulate his virtues, to love our country

24

with devoted, uncalculating affection, to give it our hearts and
souls, and if necessary, "the first and the last drop of blood
that runs in our veins," to sustain the honor and rights of our
beloved State against all opposition and to every extremity,
and to fervently hope with him that this mighty, this growing
Republic, may be perpetuated over a people enjoying all the
blessings of Liberty, and all the benelicient glories of a union
of patriotic fraternal feeling, and of constitutional and equal
rights.

IE N 10

1^