The candidates were duly presented, and, among them, Mr. Conkling by Mr. Roberts. I delayed my speech somewhat. The general course of it had been thought out beforehand, but the phraseology and sequence of argument were left to the occasion. I felt deeply the importance of nominating Mr. Conkling, and when the moment came threw my heart into it. I was in full health and vigor, and soon felt that a very large part of the audience was with me. Presently I used the argument that the great State of New York, which had been so long silent in the highest councils of the Nation, demanded A VOICE. Instantly the vast majority of all present, in the galleries, in the lobbies, and on the floor, rose in quick response to the sentiment and cheered with all their might. There had been no such outburst in the whole course of the evening. Evidently this was the responsive chord, and having gone on with the main line of my argument, I at last closed with the same declaration in different form;--that our great Commonwealth,--the most important in the whole sisterhood of States,--which had been so long silent in the Senate, WISHED TO BE HEARD, and that, therefore, I seconded the nomination of Mr. Conkling. Immediately the whole house rose to this sentiment again and again, with even greater evidence of approval than before; the voting began and Mr. Conkling was finally nominated, if my memory is correct, by a majority of three.
The moment the vote was declared the whole assembly broke loose; the pressure being removed, there came a general effervescence of good feeling, and I suddenly found myself raised on the shoulders of stalwart men who stood near, and rapidly carried over the heads of the crowd, through many passages and corridors, my main anxiety being to protect my head so that my brains might not be knocked out against stairways and doorways;but presently, when fairly dazed and bewildered, I was borne into a room in the old Congress Hall Hotel, and deposited safely in the presence of a gentleman standing with his back to the fire, who at once extended his hand to me most cordially, and to whom I said, ``God bless you, Senator Conkling. ``A most hearty response followed, and so began my closer acquaintance with the new senator.
Mr. Conkling's election followed as a thing of course, and throughout the State there was general approval.
During this session of 1867 I found myself involved in two rather curious struggles, and with no less a personage than my colleague, Judge Folger.
As to the first of these I had long felt, and still feel, that of all the weaknesses in our institutions, one of the most serious is our laxity in the administration of the criminal law. No other civilized country, save possibly the lower parts of Italy and Sicily, shows anything to approach the number of unpunished homicides, in proportion to the population, which are committed in sundry parts of our own country, and indeed in our country taken as a whole.
In no country is the deterrent effect of punishment so vitiated by delay; in no country is so much facility given to chicanery, to futile appeals, and to every possible means of clearing men from the due penalty of high crime, and especially the crime of murder.
It was in view of this fact that, acting on the advice of an old and able judge whose experience in criminal practice had been very large, I introduced into the Senate a bill to improve the procedure in criminal cases. The judge just referred to had shown me the absurdities arising from the fact that testimony in regard to character, even in the case of professional criminals, was not allowed save in rebuttal. It was notorious that professional criminals charged with high crimes, especially in our large cities, frequently went free because, while the testimony to the particular crime was not absolutely overwhelming, testimony to their character as professional criminals, which, in connection with the facts established, would have been absolutely conclusive, could not be admitted.
I therefore proposed that testimony as to character in any criminal case might be introduced by the prosecution if, after having been privately submitted to the judge, he should decide that the ends of justice would be furthered thereby.
The bill was referred to the Senate judiciary committee, of which Judge Folger was chairman. After it had lain there some weeks and the judge had rather curtly answered my questions as to when it would be reported, it became clear to me that the committee had no intention of reporting it at all, whereupon I introduced a resolution requesting them to report it, at the earliest day possible, for the consideration of the Senate, and this was passed in spite of the opposition of the committee. Many days then passed; no report was made, and I therefore introduced a resolution taking the bill out of the hands of the committee and bringing it directly before the committee of the whole. This was most earnestly resisted by Judge Folger and by his main associate on the committee, Henry Murphy of Brooklyn. On the other hand I had, to aid me, Judge Lowe, also a lawyer of high standing, and indeed all the lawyers in the body who were not upon the judiciary committee. The result was that my motion was successful; the bill was taken from the committee and immediately brought under discussion.
