Nathaniel Hawthorne - Sketches and Studies

In our earlier meetings, after Pierce had begun to come forward in public life, I could discern that his ambition was aroused. He felt a young man’s enjoyment of success, so early and so distinguished. But as years went on, such motives seemed to be less influential with him. He was cured of ambition, as, one after another, its objects came to him unsought. His domestic position, likewise, had contributed to direct his tastes and wishes towards the pursuits of private life. In 1834 he had married Jane Means, a daughter of the Rev. Dr. Appleton, a former president of Bowdoin College. Three sons, the first of whom died in early infancy, were born to him; and, having hitherto been kept poor by his public service, he no doubt became sensible of the expediency of making some provision for the future. Such, it may be presumed, were the considerations that induced his resignation of the senatorship, greatly to the regret of all parties. The senators gathered around him as he was about to quit the chamber; political opponents took leave of him as of a personal friend; and no departing member has ever retired from that dignified body amid warmer wishes for his happiness than those that attended Franklin Pierce.

His father had died three years before, in 1839, at the mansion which he built, after the original log-cabin grew too narrow for his rising family and fortunes. The mansion was spacious, as the liberal hospitality of the occupant required, and stood on a little eminence, surrounded by verdure and abundance, and a happy population, where, half a century before, the revolutionary soldier had come alone into the wilderness, and levelled the primeval forest trees. After being spared to behold the distinction of his son, he departed this life at the age of eighty-one years, in perfect peace, and, until within a few hours of his death, in the full possession of his intellectual powers. His last act was one of charity to a poor neighbor – a fitting close to a life that had abounded in such deeds. Governor Pierce was a man of admirable qualities – brave, active, public-spirited, endowed with natural authority, courteous yet simple in his manners; and in his son we may perceive these same attributes, modified and softened by a finer texture of character, illuminated by higher intellectual culture, and polished by a larger intercourse with the world, but as substantial and sterling as in the good old patriot.

Franklin Pierce had removed from Hillsborough in 1838, and taken up his residence at Concord, the capital of New Hampshire. On this occasion, the citizens of his native town invited him to a public dinner, in token of their affection and respect. In accordance with his usual taste, he gratefully accepted the kindly sentiment, but declined the public demonstration of it.

Franklin Pierce’s earliest effort at the bar, as we have already observed, was an unsuccessful one; but instead of discouraging him, the failure had only served to awaken the consciousness of latent power, and the resolution to bring it out. Since those days, he had indeed gained reputation as a lawyer. So much, however, was the tenor of his legal life broken up by the months of public service subtracted from each year, and such was the inevitable tendency of his thoughts towards political subjects, that he could but very partially avail himself of the opportunities of professional advancement. But on retiring from the Senate he appears to have started immediately into full practice. Though the people of New Hampshire already knew him well, yet his brilliant achievements as an advocate brought him more into their view, and into closer relations with them, than he had ever before been. He now met his countrymen, as represented in the jury box, face to face, and made them feel what manner of man he was. Their sentiment towards him soon grew to be nothing short of enthusiasm; love, pride, the sense of brotherhood, affectionate sympathy, and perfect trust, all mingled in it. It was the influence of a great heart pervading the general heart, and throbbing with it in the same pulsation.

It has never been the writer’s good fortune to listen to one of Franklin Pierce’s public speeches, whether at the bar or elsewhere; nor, by diligent inquiry, has he been able to gain a very definite idea of the mode in which he produces his effects. To me, therefore, his forensic displays are in the same category with those of Patrick Henry, or any other orator whose tongue, beyond the memory of man, has moulded into dust. His power results, no doubt, in great measure, from the earnestness with which he imbues himself with the conception of his client’s cause; insomuch that he makes it entirely his own, and, never undertaking a case which he believes to be unjust, contends with his whole heart and conscience, as well as intellectual force, for victory. His labor in the preparation of his cases is said to be unremitting; and he throws himself with such energy into a trial of importance as wholly to exhaust his strength.

Few lawyers, probably, have been interested in a wider variety of business than he; its scope comprehends the great causes where immense pecuniary interests are concerned – from which, however, he is always ready to turn aside, to defend the humble rights of the poor man, or give his protection to one unjustly accused. As one of my correspondents observes, “When an applicant has interested him by a recital of fraud or wrong, General Pierce never investigates the man’s estate before engaging in his business; neither does he calculate whose path he may cross. I have been privy to several instances of the noblest independence on his part, in pursuing, to the disrepute of those who stood well in the community, the weal of an obscure client with a good cause.”

In the practice of the law, as Pierce pursued it, in one or another of the court houses of New Hampshire, the rumor of each successive struggle and success resounded over the rugged hills, and perished without a record. Those mighty efforts, into which he put all his strength, before a county court, and addressing a jury of yeomen, have necessarily been, as regards the evanescent memory of any particular trial, like the eloquence that is sometimes poured out in a dream. In other spheres of action, with no greater expenditure of mental energy, words have been spoken that endure from age to age – deeds done that harden into history. But this, perhaps the most earnest portion of Franklin Pierce’s life, has left few materials from which it can be written. There is before me only one report of a case in which he was engaged – the defence of the Wentworths, at a preliminary examination, on a charge of murder. His speech occupied four hours in the delivery, and handles a confused medley of facts with masterly skill, bringing them to bear one upon another, and making the entire mass, as it were, transparent, so that the truth may be seen through it. The whole hangs together too closely to permit the quotation of passages.

The writer has been favored with communications from two individuals, who have enjoyed the best of opportunities to become acquainted with General Pierce’s character as a lawyer. The following is the graceful and generous tribute of a gentleman, who, of late, more frequently than any other, has been opposed to him at the bar: —

“General Pierce cannot be said to have commenced his career at the bar in earnest until after his resignation of the office of senator, in 1842. And it is a convincing proof of his eminent powers that he at once placed himself in the very first rank at a bar so distinguished for ability as that of New Hampshire. It is confessed by all who have the means of knowledge and judgment on this subject, that in no state of the Union are causes tried with more industry of preparation, skill, perseverance, energy, or vehement effort to succeed.