Diary & Letters of Rutherford B. Hayes

Volume I [1834 – 1860]

[Page 115]

September 20, 1843.--What I hear during the day and can
recall at night, if worthy of note, I mean to write in a book.
I heard Mr. Jared Sparks lecture on "Colonial History." His
style of writing and [his] delivery are very plain, but his learning
is varied and extensive and his judgment good. He spoke of the
learning, religion, and authors of colonial times. As to what we
call learning, there was next to none in the Colonies. The people
were too busy in clearing land, making roads, and building
churches to think of making great strides in literature. In the
Northern Colonies, common schools were early established; in
the Southern, except South Carolina, they were neglected. The
sons of the wealthy were sent to Oxford and Cambridge. So
that at the South were more fine scholars and more ignorant
citizens than in the North. The first college established was
Harvard; the others founded prior to the Revolution were Yale,
Providence [Brown University], King's (now Columbia),
Princeton, and William and Mary.
There was great religious intolerance in many Colonies. Rhode
Island, under the auspices of Roger Williams, and Maryland,
settled by Catholics, were exceptions and opened wide their
arms to every sect and creed.
The first author of distinction was Cotton Mather--a man of
great talents, extensive reading, and retentive memory, but greatly
deficient in good sense and stability. Unbounded credulity was
his great failing; no tale was too marvellous for his ear. No
ghost story came to his knowledge which was not speedily pub-
lished to enlighten the wise and astonish the ignorant.
Jonathan Edwards was a man of vast abilities, equal to the
ablest men of his time, but much of his time and talents were
[was] spent in fruitless attempts to solve speculative difficulties
in theology. "Vain babblings, strifes of words, philosophy falsely
so called."
Benjamin Franklin was the best writer who arose before the
Revolutionary contest called to its aid pens able to contend with
the minds of Europe. His works are the only American writings
[which] deserved the rank of classic till within the last forty
years.
Judge Story said: "A liberal allowance for a lawyer's library
would be ten thousand dollars; for convenience merely, three
thousand dollars would suffice; for necessity, three hundred dol-
lars might answer; and many eminent lawyers have commenced
with less. My library was worth three hundred dollars. All my
means were contained in that, and it exhausted all my means.
The reports have quadrupled and elementary treatises are ten
times as numerous now as in my day.
"Thomas Jefferson said: 'When conversing with Marshall,
I never admit anything. So sure as you admit any position to
be good, no matter how remote from the conclusion he seeks to
establish, you are gone. So great is his sophistry, you must
never give him an affirmative answer, or you will be forced to
grant his conclusion. Why, if he were to ask me whether it were
daylight or not, I'd reply, "Sir, I don't know, I can't tell."'
"A lawyer should never resort to petty tricks to increase his
business. He should not leave 'a celestial bed to prey on garbage.'
Courts will not unravel the threads that are good from the threads
that are bad, but will leave the whole fabric exactly as it was
woven."

Volume I [1834 – 1860]

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September 26.--Judge Story in his lecture remarked that,
as a body, lawyers, so far as his observation extended, were more
eminent for morality and a nice sense of honor than any other
class of men. They have the most important and delicate secrets
intrusted to them. They have more power of doing mischief and
are more instrumental in healing family dissensions, neighbor-
hood feuds, and general ill blood than any other profession.
He considers the man who lays a wager on the result of an
election as more an enemy, or rather more dangerous, to public
liberty than the avowed adversary of our institutions. Wagers
tempt men to use corrupt means to gain power, and power cor-
ruptly gained is sure to be corruptly used. The result is a con-
tinual sinking in the scale, worse than despotism, for it is for the
interest of despots to make matters no worse, while corruption
must increase to secure its ends.
Equity will furnish a remedy to the man who goes wretched
and ruined from the gaming table. So a great wrong shall not
be done.
I made a bet today with Hedges that I should be married within
four years of the first of January, 1844. Another with Neil that
he would be married by the time he was twenty-six; each bet, a
present, value twenty-five dollars.

Volume I [1834 – 1860]

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Cambridge, October 7, 1843.--Another week is with "the
years beyond the flood." A few days ago, in the eye of "the
wisdom of all ages," I was a minor without enough discretion to
spend "the millionth part of a mill"; now, in the estimation of
"the perfection of human reason," I am wise and prudent enough
to decide upon matters involving interests more precious than
all "the wealth of Ormus and of Ind." Whence the difference?
Does the lapse of a few short hours transform the headstrong
and headlong child of passion into the cautious, long-sighted,
sensible disciple of experience, soberness, and wisdom? Verily
I know not that. I'm still the same piece of flesh and blood,
bones and sinews; the same bundle of habits--some very good,
some very bad, and some very indifferent. I have still the same
rudder to shape my course and direct my destiny; the same evil
propensities to mar my hopes and make shipwreck of my happi-
ness; and more valuable than all, though often unheeded, "the
still small voice" which will be heard at some time or another,
at some place or other, however its whisperings may be drowned
in the tumultuous struggles of life and lost in the jar of the pas-
sions. Yes, and my fine spirits are with me to cheer the sinking
spirit in the hour of its fainting and weariness, and my good
stout heart is here, beating time to the tune of life, marking life's
passage, never to cease till it has tolled the knell of life's depar-
ture.
Twenty-one! A man in years, a boy in knowledge and wis-
dom. A third of life gone, and the first rudiments yet to be
mastered. But why speak in tones of despondency? Many of
those who have been shining lights in the world of learning were
as ignorant as I am now when no older than I. Yet they had
something in them; aye, and what was the something? Was [it]
aught but resolution? And can I not have that? For the future,
I'll try to do better, in every sense of the good word, than I
ever yet have done.

Volume I [1834 – 1860]

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October 18.--I have seen Colonel Johnson at a repeal meeting
in Faneuil Hall since I last wrote in my weekly. I heard some
speakers in Marlboro Chapel address the Whigs of Boston.
They were good speakers but no better than the good speakers
of Ohio.
I intend to write the names of the judges whom Story gives
his opinion of in my record hereafter. It may be of use in
ascertaining the value of various reports.
I attended an exhibition of the junior class yesterday. The
addresses were barely respectable with, perhaps, one exception.
Washington Allston's life and character were the subject of a
fine writer, and a chaste and elegant declaimer. Another address
on the Roman characters of Shakespeare was well written and
delivered in a dashing, offhand style that pleased the audience
vastly better than the stiff, unnatural manner which seems to
characterize the delivery of the most of the students of Harvard.
In a certain case Professor Greenleaf said there was a quid
pro quo, but not much of a quo. Sic, sic.

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Cambridge, October 22, 1843.--I visited last evening one
of my former schoolmates, one who was my chum at Middle-
town more than five years ago. He has altered but little in ap-
pearance and still less in character and manners. He is a fine
scholar and possessed of a scholar's feelings and opinions. He
can acquire and retain without great exertion the most difficult
matters in the study of languages and natural science, but cannot
work the material which he has collected with that readiness
which is the true test of mental strength, and which enables the
true intellectual Titans with small supplies to triumph over the
best equipped warriors of the schools. He is a fine fellow; his
faults belong to his training; his virtues are inborn. And with
all his literary taste, and in spite of the natural influences of
education, he looks to nothing more exalted than the life of a
merchant. Strange but true.
What am I doing to prepare myself for the life struggle upon
which I am soon to enter? What have I learned which will
aid me in the severe conflicts through which a lawyer must pass,
and by which he is to be proved before he can reach the higher
walks of his profession? What training of the faculties have I
submitted to, to give them that vigor which is needed to grapple
successfully [with] the difficulties of the most trying profession
known among men? What have I done to give me that refined
and correct taste which is required for success even in the low-
est literary efforts? Alas, to all these and a thousand similar
questions which might be asked, I have but one answer. Noth-
ing, nothing, absolutely nothing. But it is not yet too late. From
henceforth let me bend up my best energies to the great work
of fitting myself to act well my part in the drama of life. Let
not another sun set upon a day which has not added something
to my stock of instruments or my power and skill in using them.
I belong to one law club and one debating club where ques-
tions upon miscellaneous subjects are discussed. Let me never
utter a sentence in either which has not been well weighed, and
found worthy of utterance. In brief, let me in all things work
with a will, and thus may my year at Cambridge be one of joy
and usefulness.

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October 25.--Today I made my first argument on a law ques-
tion. I was before a law club formed by seven or eight of the
students for the purpose of improving ourselves in debating and
investigating legal questions. The point discussed was concern-
ing the validity of an agreement by which the pledgee should re-
tain the pledge at a stipulated price if the terms of the contract
were not fulfilled. The question turned more on general reason-
ing than on mere authority. I was poorly prepared and my suc-
cess was in keeping with my preparation. I mean my success
was poor when compared with my own standard, for if the
argument of my learned opponent were the standard, I should
regard mine as tolerably good. My opponent was Atcheson, of
Kentucky; the judge, Foster, of New Hampshire, and the audi-
ence was "respectable though not large," consisting of Bucking-
ham, of my own State, and Russell, of Plymouth. I found my-
self not so ready in thought and expression as when I left Ken-
yon a little over a year ago, since which time I have not exer-
cised my powers in extempore debating. But I hope in a few
weeks to rub off the rust, and be able to [appear] with credit and
success as a good extempore debater. I am to discuss a question
in moot court in about three weeks, and from now till that time
all my exertions shall be bent to come off respectably from that
trial.
B. Rolken, our German teacher, gave us today the origin of
the name of the celebrated Swiss song. It is the custom of the
Swiss herdsmen to call their cattle from the hills in the evening
by blowing upon a horn. The herdsmen observed that the
gradations of rank are always observed among cattle, the stout-
est and most venerable bullock or cow always taking the lead,
and the remainder following in regular order in a long train.
This long file is called in German Rang. The name of the file
is by a natural association transferred to the tune which causes
the cattle to move in this singular manner, hence "Ranz des
Vaches."
I heard Mr. J. Q. Adams address the Whigs of Norfolk
County at Dedham yesterday. His speech contained little politics
but much abolitionism. Some of it was very good, much of it
unreasonable and very unfair. My opinion of the venerable
but deluded old man was not [at] all changed. His speech was
rather dry; contained some good hits and exhibited some sparks
of the internal fires which, when aroused into flame, render him
the impersonation of "the old man eloquent." I do not wonder
that he is regarded as a dangerous adversary in a mere personal
encounter. He is quick, sharp, fearless, and full of the wit and
learning of all ages. He is not at all times an interesting or
eloquent speaker, but when aroused by the repeated attacks, the
sneers and taunts of his bitter foes, he is truly a most formid-
able man.

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October 27.--Hoffman, in his "Law Studies," gives a number
of resolutions proper for a law student to make on setting out
on his journey into the dreary wilderness (the figure is true if
not in good taste) of the law. He prescribes a course of study,
which, if adopted and faithfully pursued, cannot fail to render a
man an able lawyer. Now, why not adopt the resolutions, deo
juvante, and pursue the course? No harm can result from it;
much good may, and no one would be willing to acknowledge
his inability to prosecute to the end the course of studies pre-
scribed. Method and regularity are necessary in this, as in all
great undertakings, for anything worthy the name of success.
If I rise punctually at six o'clock in the morning, I shall have
time enough to exercise before breakfast. Then, Mondays, the
law till II; German till 2 P. M.; moot court till 7; the evening,
to write out my notes and at least an hour for Hoffman's course
and my old friends, Whately and Chillingworth. Tuesday, the
law till I P.M.; the whole afternoon, to devote to Hoffman and
moot questions; the evening, to law and my aforementioned
favorites. Wednesday, till 2 the same as Monday, and the after-
noon to Hoffman and moot questions; the evening, the same
as Tuesday. Thursday, law till I; afternoon to German, and
evening like Tuesday. Friday, till 2 law and German; afternoon
and evening to bringing up arrears in law, German, and Hoff-
man. Saturday, two hours to law and the rest of day and eve-
ning to sport and Hoffman's course. Sunday, attend to corre-
spondence, once to church, and evening for friends. Now, may
not I safely promise myself a good degree of success if I reso-
lutely commence and continue the line marked out? At all
events with the gallant Miller, "I'll try, sir."
I am now in the midst of my preparation for an argument in
moot court. Reading for authorities is, indeed, like feeding on
narcotics. The stimulus is too great for a healthy stomach,
agreeable and exciting at first, but speedily followed by satiety
and disgust.
Greenleaf says of all funds, refunds are the poorest. "Never
turn a cold shoulder upon a friend in distress. Lord only knows
how soon you may exchange places with him. Be wise in time."

Volume I [1834 – 1860]

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CAMBRIDGE, MASSACHUSETTS, October 30, 1843.
MY DEAR SISTER:--I have troubled you with letters so
often since I have been here, that it was not without some hesi-
tation that I made up my mind to write to you again this morn-
ing. I can plead no excuse for the offense better than that which
Hoffman gives--in a little work I lately bought--for authors;
of whom Young says:
"Some write confined by physic, some by debt;
Some, for 'tis Sunday: some, because 'tis wet."

It will not, I imagine, overstrain your powers of analysis
to discover which of these causes is the moving one with me.
Sabbath mornings I usually give to correspondence, and evenings
I regularly attend church in Boston. There are many induce-
ments to this regularity in spending the afternoon. Besides the
desire of forming a good habit in this regard, the sermon, the
music, the elegant churches, and the fashionable audience are
by no means weak attractions; or rather, taken together, these
form an attraction sufficiently strong to overcome my natural
inertia; for if taken separately I am sure my personal obser-
vation would not render me extravagant in their praise. I took
it for granted that the clergymen of Boston were finished schol-
ars and able men. It is, perhaps, well that I did, for I should
never have formed the opinion from any of the sermons I have
heard. I shall go to one of the most frequented churches this
afternoon and shall hereafter, I hope, be able to say I have
heard one sermon which is better than Mr. Dobb usually de-
livers.
Of music, you know I am not a judge, and upon the strength
of authority am bound to confess that I have heard some which
was excellent beyond all comparison. I adopt this opinion for
the sake of my own reputation as a person of good taste. I
might as well deny the antiquity of the pyramids or dispute
against the sun, as to hint that three shrill, piercing female
voices, assisted by the harsh croaking of two cracked bass ones,
were not more melodious and sweeter far than the harmony of
the spheres. The organ I heard last Sunday at Trinity Church
won "golden opinions" from persons who never heard it,--
costing ten thousand dollars,--and now wins leaden opinions
from those who hear it. Corwin once said: "Whiskey is the
great leveller of modern times." Not a greater one than fashion.
In looking around among the "dear hearers" of the masculine
gender (I'll speak of the feminine shortly), the family likeness
which pervades them strikes one at the first glance, and this is the
effect of fashion. No man's style of dress betrays his character.
All wear the same kind of cravats, whiskers are all of one size
and form, coats of the same cut, hair brushed sleek and smooth
and glossy behind, carefully coaxed up (often contrariwise of
nature) in front, and the same demure, self-satisfied expression
quietly reposes on all sorts of faces. The man of thin, hard
visage, whose features were never made to express anything
but energy and resolution, emulates with a becoming spirit and
wonderful success the meekness which sits smiling in soft
humility on the smooth round cheek of his dough-faced neighbor.
And the women--the ladies--the young ladies aye, and the old
ones, too, how pious they look! "Thank God we are not as
other" women may be seen on every countenance in characters
as plain, if not so large, as those which prescribe humility in
staring gilt letters on the stone tables each side of the altar.
As for beauty, I have yet to see the girl who could be a belle
in Columbus.
In your last you reject in good set phrase the idea that manners
are what sisters feel concern about, when thinking of brothers.
Well, be it so. I never imagined you cared about aught which
was not in your estimation of importance to my real happiness
when speaking of what was likely to benefit or injure me. But
how prettily and naturally 'twas said: "Low fellows, such for
instance as you would find in Sandusky"; and you might have
added with truth and such as can be found anywhere by the
man who is anxious to associate with them. What made me
think of this? My chum bought Count d'Orsay's little book
on etiquette, lately published, which is good of its kind and con-
tains one thing which pleased me greatly and which I commend
to you. What do you suppose it to be? Bethink yourself of
your most grievous offense, most common, too, against the laws
of polished society! "Read, mark," etc.: "At family dinners
when the common household bread is used, it should never be
cut less than an inch and a half thick." I read it twice to be cer-
tain, then how I laughed. But that is not all. "A learned judge,
mark Jew, oh, a learned judge!"--"There is nothing more
plebeian than thin bread at dinner."
I heard J. Q. Adams address his constituents the other day.
He said he was to start for Ohio the next day. His subject was
Abolitionism, the admission of Texas, and kindred topics. He
said much that was unfair and unreasonable, much that was
dry, some things that were very good, and made a thrust or two
at Captain Tyler [President John Tyler] that told well. My
opinion of the old man's power and character was not at all
changed. I could see that in him which would make a most
formidable adversary in a personal encounter on the floor of
Congress, and when aroused that he could come up to the very
idea of "the old man eloquent."
The world wags well with me. The Law School satisfies me
perfectly Judge Story continues a model man. He wears well,
as is sometimes said,--a good test of character. Boston is
certainly the finest city in the world. The finest scenery around
it. Walking home from Mr. Adams', which is about twelve miles
from here, we passed through a paradise on earth. For some
miles it is very hilly, the road quite crooked, and on every knoll
and at every turn we saw some splendid family mansion. But I
wouldn't live in Boston for any ordinary consideration. "All is
seeming, false, and hollow."
If my ink were not so thick I'd write more. As it is I'll spare
you the infliction.
Your affectionate brother,
R. B. HAYES.
MRS. W. A. PLATT,
Columbus, Ohio.