In reply to the adverse arguments of Judge Folger and Mr. Murphy, which were to the effect that my bill was an innovation upon the criminal law of the State, I pointed out the fact that evidence as to the character of the person charged with crime is often all-important; that in our daily life we act upon that fact as the simplest dictate of common sense; that if any senator present had his watch stolen from his room he would be very slow to charge the crime against the servant who was last seen in the room, even under very suspicious circumstances; but if he found that the servant had been discharged for theft from various places previously, this would be more important than any other circumstance. I showed how safeguards which had been devised in the middle ages to protect citizens from the feudal lord were now used to aid criminals in evading the law, and I ended by rather unjustly compar-ing Judge Folger to the great Lord Chancellor Eldon, of whom it was said that, despite his profound knowledge of the law, ``no man ever did so much good as he prevented.'' The result was that the bill was passed by the Senate in spite of the judiciary committee.
During the continuance of the discussion Judge Folger had remained in his usual seat, but immediately after the passage of the bill he resumed his place as president of the Senate. He was evidently vexed, and in declaring the Senate adjourned he brought the gavel down with a sort of fling which caused it to fly out of his hand and fall in front of his desk on the floor. Fortunately it was after midnight and few saw it; but there was a general feeling of regret among us all that a man so highly respected should have so lost his temper. By common consent the whole matter was hushed; no mention of it, so far as Icould learn, was made in the public press, and soon all seemed forgotten.
Unfortunately it was remembered, and in a quarter which brought upon Judge Folger one of the worst disappointments of his life.
For, in the course of the following summer, the Constitutional Convention of the State was to hold its session and its presidency was justly considered a great honor. Two candidates were named, one being Judge Folger and the other Mr. William A. Wheeler, then a member of Congress and afterward Vice-President of the United States. The result of the canvas by the friends of both these gentlemen seemed doubtful, when one morning there appeared in the ``New York Tribune,'' the most powerful organ of the Republican party, one of Horace Greeley's most trenchant articles. It dwelt on the importance of the convention in the history of the State, on the responsibility of its members, on the characteristics which should mark its presiding officer, and, as to this latter point, wound up pungently by saying that it would be best to have a president who, when he disagreed with members, did not throw his gavel at them. This shot took effect; it ran through the State; people asked the meaning of it; various exaggerated legends became current, one of them being that he had thrown the gavel at me personally;--and Mr. Wheeler became president of the convention.
But before the close of the session another matter had come up which cooled still more the relations between Judge Folger and myself. For many sessions, year after year, there had been before the legislature a bill for establishing a canal connecting the interior lake system of the State with Lake Ontario. This was known as the Sodus Canal Bill, and its main champion was a public-spirited man from Judge Folger's own district. In favor of the canal various arguments were urged, one of them being that it would enable the United States, while keeping within its treaty obligations with Great Britain, to build ships on these smaller lakes, which, in case of need, could be passed through the canal into the great chain of lakes extending from Lake Ontario to Lake Superior. To this it was replied that such an evasion of the treaty was not especially creditable to those suggesting it, and that the main purpose of the bill really was to create a vast water power which should enure to the benefit of sundry gentlemen in Judge Folger's district.
Up to this time Judge Folger seemed never to care much for the bill, and I had never made any especial effort against it; but when, just at the close of the session, certain constituents of mine upon the Oswego River had shown me that there was great danger in the proposed canal to the water supply through the counties of Onondaga and Oswego, I opposed the measure. Thereupon Judge Folger became more and more earnest in its favor, and it soon became evident that all his power would be used to pass it during the few remaining days of the session. By his influence it was pushed rapidly through all its earlier stages, and at last came up before the Senate. It seemed sure to pass within ten minutes, when Imoved that the whole matter be referred to the approaching Constitutional Convention, which was to begin its sessions immediately after the adjournment of the legislature, and Judge Folger having spoken against this motion, Ispoke in its favor and did what I have never done before in my life and probably shall never do again--spoke against time. There was no ``previous question'' in the Senate, no limitation as to the period during which a member could discuss any measure, and, as the youngest member in the body, I was in the full flush of youthful strength. I therefore announced my intention to present some three hundred arguments in favor of referring the whole matter to the State Constitutional Convention, those arguments being based upon the especial fitness of its three hundred members to decide the question, as shown by the personal character and life history of each and every one of them. I then went on with this series of biographies, beginning with that of Judge Folger himself, and paying him most heartily and cordially every tribute possible, including some of a humorous nature.
