When the Know-Nothing party, so called, carried the state in 1855, one
of their first acts was to overthrow the entire judicial system of the
state, by repealing the acts creating it, and to erect a
Siamese-double-headed-partisan one upon its ruins. The system proved
expensive and became odious, not only to the entire Democratic party,
but to the bar and influential class, irrespective of party relations,
and to potential forces in the then Republican party.
In 1859, Mr. Bryant devised the system, which, with a brief exception,
has been in force to the present time. It was carried after an intensely
bitter contest. He made up the committee on the judiciary, to whom the
bill was referred. It consisted of ten members, four of whom were
Democrats headed by the veteran Quincy, five radicals, and one
conservative Republican. Two of the six were for the bill and one was on
the fence. The moss-backs, politicians, and lobbyists swarmed, and great
efforts were made to defeat it. The four Democrats on the committee at
first voted for their own bill, and then notified the friends of the new
one that on the test vote they should give them a solid support, which
would enable them to bring an affirmative report into the house.
Caucuses were held almost every night of actual session to hold the
timid ones in line, and prevent their yielding to the great pressure to
which they were subjected.
An incident occurred during his speakership in 1859, which illustrates
Mr. Bryant's readiness, courage, and political forecast. The theory that
it was the right of every state and everybody in it to nullify the laws
of congress whose constitutionality had been affirmed by the federal
supreme court was much more popular in the North then than it became
after the election of Mr. Lincoln. Lengthy petitions headed by A. T.
Foss, A. Folsom, and Stephen Thayer, "praying for the enactment of a law
that no person held as a slave shall be delivered up within this state,"
were presented. They were referred, as a matter of course, to the
committee on the judiciary. Parker Pillsbury, Elder Foss, Dr. Hawks, and
others appeared for the petitioners at the hearing, and made eloquent
speeches in support of their petition. They had the candor, courage, and
directness which characterized the old-time Abolitionists. They did not
attempt to deceive the committee or any one else, but avowed that their
purpose was by the bill proposed to array the state against the general
government. The hearing closed. The four Democrats voted against the
bill, and the chairman with flushed face demurred at such legislation;
but five out of the six Republicans voted for the bill, and without a
word of warning it was reported to the house by a party vote. It was
read the first time without objection, and upon a division was ordered
to a second reading by a vote of one hundred and thirty-four to one
hundred and one. Mr. Bryant called Mr. Parker of Lempster--since a
Public-domain text, read in full here on John Shaqi.
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