CHAPTER XI



       MARRIED AND PROSPEROUS -CINCINNATI, 1852-1854



  JANUARY  5, 1852.--A  pleasant visit to Columbus.  A  visit

to Delaware also. Home, my mother's and sister's home, is the

spot of earth that is ever green. Wait, till one day I have such

an one!

  Just before my departure, I was forcibly reminded of the

necessity of close attention to small matters by the mistake which

the hurry of a client led me to make. Suit was to be brought

on the spur of the moment in the name of a turnpike company

against a man who refused to pay toll. Looked into the act of

incorporation for its name. Saw as the title of the act, "An act

to incorporate the ------- Turnpike Road Company."  I be-

gan my suit in that name.  But lo! in the body of the act, the

company's name was without the word "Road" and I was non-

suited !

  Now, this beginning of a New Year is a good time for good

resolves, and first, I don't mean to be caught so again. I mean

to study law, to speak often in the Club, and speak my best (on

all suitable occasions). Prepare all my cases thoroughly, if pos-

sible, perfectly.

  So begins the New Year. Rather prosperously with me.

Money, clients, and friends more abundant than ever before; a

loved one whose nameless and numberless virtues and winning

ways are growing into and around my heart daily more and more.

God bless her! A happy New Year, indeed, it is!

  January 13, 1852.- Have  just finished Captain (?)  Cum-

ming's "Five Years in the Far Interior of South Africa." A

book of "bloody murder" among the gigantic game of the

African wilderness. The hero talks flippantly of "bagging" lions,

camelopards, zebras, wildebeests, rhinoceroses, buffaloes, hip-

popotami, and elephants, as one in this latitude might speak of

bagging snowbirds and rabbits. He talks of the "exquisitely

                         (404)









             MARRIED AND PROSPEROUS, 1852-1854          405



beautiful," "the lovely," etc., black-maned lion, "man-eater,"

as an enraptured lover would talk of his lady-love. Still there

is an air of truthfulness about the narrative which gains it a

credit quite other than that which one yields to the Munchausen

"yarns" of a Captain Riley. This is the last book, not of the law,

which I mean to read except on Sundays or evenings. Now for

law and the current news for the balance of my winter and

spring reading. Am daily more and more in love. Strange what

a happiness there is in her presence. She is an angel. Blessings

on her head ! Let me strive to be worthy of her.



                            [CINCINNATI,] January 13, 1852.

  DEAR  UNCLE:--I  wrote to you Sunday, but the good old-

fashioned "Hayes" letter which I received this morning from

you prompts me to reply at once after the same style of gener-

ous abundance.

  I was sure some linchpin was loose as soon as I opened the

letter. Mrs. Valette was quite right as to your being a little

flighty. Instead of sending your usual telegraphic dispatch, you

give me three whole pages, and wind up with wishing for a

sleigh-ride with a team of fourteen horses! I would suggest if

you attempt such a sleigh-ride that you do it with your team

harnessed tandem and ride the leader yourself! What a sensa-

tion you would produce! . . . .

  I am glad Mr. Works is at Mr. Valette's while you are housed

up. Speaking of his "slicking" his boots with tallow that Sun-

day morning, I was about the same time engaged in the same

thing with mine, greatly to the amusement of Herron (the bird,

not "Herring," the fish, as you spell it) and McDowell who pro-

tested that the grease opened the pores and let in the snow-water

instead of keeping it out. Glad to have so good authority on

my side. You know lawyers bow to "the authorities."

  You speak of my "college friend" Kilbourne! Don't, if you

please.  He surely can't be so poor a "skeesicks" now as he was

in college or you would never have permitted him to spend "al-

most a day with you." The not lending him a dime was "sensible

to the last." . . . .









406          RUTHERFORD BIRCHARD HAYES



   I shall probably not come to Fremont until summer. Then

there is very little for any lawyer to do; now is our busiest

season; besides, in bad weather the city is far pleasanter than

anywhere else. I experienced this at Delaware the other day.

It was muddy, dark, and lonely, and I was glad to get away. I

told Sarah you would probably visit her when you came down.

Do so, if you can.  The curve will perhaps be finished by that

time and it will be an easy trip of an hour to go up there from

Columbus. Stop at Mrs. Kilbourne's, not at the Hinton House,

which is a filthy hole. Sarah and Harriet can dish you up about

as spicy a mess of gossip as you would desire to hear about the

saints and sinners of Delaware.  For example, there is Mrs.

Bennett who is an inexhaustible theme. She wears "the Bloomer"

in all weathers. She goes too late to church (the Methodist,

which is always crowded) to get a seat among the congregation,

and striding up the aisle with the dignity of a lioness, seats her-

self within the altar, immediately below the sacred desk, "the

observed of all observers."  The ministers  look "unutterable

things" at her, the devout brethren and sisters shake their heads

and whisper, the undevout giggle, but not a soul of them dares

breathe a syllable that would reach her ear. They all know that

the house of God would afford no protection against her; and

so she disturbs everybody else, but nobody disturbs her.

  The Methodist Church, like Aaron's rod (or was it Moses'?)

swallows up all the rest. The Episcopal and New [School]

Presbyterian have no preacher. Mr. Vandieman has no con-

gregation; but the Methodists are always in "a season of awak-

ening." . . . .

  I have been reading Cumming's "Hunting Expeditions in South

Africa." It is, I think, a faithful narrative of the most pro-

digious exploits in slaying big game that I ever read. If I had

seen it when a boy I should probably have been following the

"spoor" of elephants and lions instead of quietly "making tracks"

on paper about those days. He talks of "bagging" elephants,

camelopards, and lions, as one of our hunters might speak of

bagging snowbirds and quails. If your eyes are not too weak, I

fancy that you would still enjoy this bloody book.









             MARRIED AND PROSPEROUS, 1852-1854          407



  This is a Hayes letter for you. So regards to the folks and

good-bye.

                            Yours,

                                                R. B. HAYES.

  S. BIRCHARD.



  January 17, 1852.--Yesterday I made in reality my maiden

effort in the Criminal Court. It was in defense of a man in-

dicted for grand larceny named Samuel Cunningham. There

was really no defense to be made, but the young man's friends

were respectable people in Covington, Kentucky, and I endeavored

to make a sensible, energetic little speech in his behalf. He was

convicted, but the prosecuting attorney paid me some handsome

compliments as did also the court. Best of all, however, the court

appointed me to defend, or to assist in the defense of, Nancy

Farrer, the poisoner of two families. It is the criminal case of

the term. Will attract more notice than any other, and if I am

well prepared, will give me a better opportunity to exert and ex-

hibit whatever pith there is in me than any case I ever appeared

in. The poor girl is homely -- very; probably from this mis-

fortune has grown her malignity.  I shall repeat some of my

favorite notions as to the effect of original constitution, early

training, and  associations in forming  character--show  how

it diminishes responsibility, etc.

  Must look over my Odd Fellow speech on "Happiness." Study

medical jurisprudence as to poisons; also read some good speech

or poetry to elevate my style, language, thoughts, etc., etc. Here

is the tide and I mean to take it at the flood --if I can. So

mote it be!





                              CINCINNATI, February 9, 1852.

  DEAR UNCLE:--.  .  .  .  Kossuth is expected today and

will be marched and huzzaed, feasted, toasted, and spoken at, at

a terrific rate.  Poor man, I pity him.  To be dragged about so,

and to get so little real substantial aid! I shall not wonder if he

dies under his labors and disappointments!









408          RUTHERFORD BIRCHARD HAYES



  I am tolerably busy these days. Hope to see you sometime

to talk over matters.

                         Sincerely,

                               Sincerely,      R. B. HAYES.

  S. BIRCHARD.





  April 1, 1852.--A great while since I wrote a word here.

Have been sick; twice to Columbus; argued my Nancy Farrer

case. She was convicted. Argued today the motion for a new

trial--gained some laurels.  Don't know the results of it all

except that we (my associate who aided me scarcely at all and

myself) get one hundred and fifty dollars for the defense. We

share the fees equally, but not I suppose the laurels. It has been

a "capital" case in two senses.





                                CINCINNATI, April 5, 1852.

  DEAR UNCLE:--Received both of your letters in due season.

Glad to hear often. I am as well now as I ever was in health

of body and mind. Spent two days arguing the motion for a

new trial before the same judge. Would have got it, everybody

said, but for his anxiety to shine in sentencing the girl before the

assembled crowd. Every other lawyer quarrelled with him in

getting bills of exceptions to take cases to the higher courts, but

mine, consisting of over sixty pages foolscap, he signed without

crossing a "t" or grumbling. He also allowed me seventy-five

dollars for what has been done. Hoy, my associate, knew noth-

ing about the grounds of [a] new trial, and so said nothing. It

will come before the District Court in two or three weeks. The

questions are very interesting to the profession, covering the

whole law as to the conduct of juries while deliberating on a

verdict. The general impression is that the verdict will be set

aside by the District Court, but at all events it gives me by far

the best opportunity to "show off" that I have had.    .  .

  Love to Mrs. Valette. Will be out in July or August.

                         Sincerely,

                               R. B. HAYES.

  S. BIRCHARD.









             MARRIED AND PROSPEROUS, 1852-1854          409



                                  CINCINNATI, May 1, 1852.

  DEAR UNCLE:--Chase, Senator, is making a dull speech at the

other end of the table, and to pass off time till the court are at

leisure, I write you.

  James Summons was convicted as he ought to have been.

Thereupon his counsel, Read, got too drunk and Chambers was

too unwell, so I got up the bill of exceptions, argued the motion

for [a] new trial, etc., etc. The result of which is that the case is

to come before the Supreme Court in January next at Columbus.

So I shall have a chance to blow off in two murder cases instead

of one at that time.

  I have been even more lucky than in the other case in pleasing

the court and bar.  I've evidently hit upon a good lead.

                           Yours,

                                              R. B. HAYES.

  S. BIRCHARD.

                                 CINCINNATI, May 15, 1852.

  DEAR UNCLE:-- I doubt very much whether you will get this

note; but if you do I wish you would get me a couple of law

books, viz: "The Trial of Dr. Webster." The best edition is

quite a large volume to be had at Little & Brown's bookstore

on Washington Street. Also "The Trial of Abner Rogers," a

small volume, at the same place. It is so uncertain about your

getting this that I write nothing but my wants. Am quite well.

                          Sincerely,

                                              R. B. HAYES.

  P.S.- The books can be got in New York also, but I don't

know the store.

  S. BIRCHARD,

    Boston.

                                 CINCINNATI, May 30, 1852.

  DEAR UNCLE:--I have to thank you for your frequent letters

and also for getting me those books. I could not well write to

you so often, hardly knowing where a letter would find you. "I

am well and doing well and hope these few lines will find you

enjoying the same blessing."









410          RUTHERFORD BIRCHARD HAYES



  You will see by the enclosed memoranda that I have looked

hastily into the matter of enjoining the Junction Railroad from

crossing the bay. I have found only two amendments to the

original charter (both passed last winter) which bear upon this

question. Are there any others? If not it seems to me very

probable that the amendments will be held to authorize the

company merely to extend their road beyond, and not to change

its location from the points originally in their charter.

  However this may be, I am confident there is no doubt at all

about it, that if their manner of crossing the bay will materially

hinder or obstruct navigation, they will be enjoined from doing it.

This is a question of fact, as to the hindrance to navigation, I

mean, which you know a great deal more about than I do; but

I should say that for sail vessels to be forced through the narrow

gap of a drawbridge instead of having some miles of scope would

be a most serious impairment of the present usefulness of the

bay for purposes of navigation. If so the courts will without

question enjoin the railroad company from crossing....

  Jesse Stem writes me a long letter; means to be a corn-planter

on the upper Brazos.     Health good.--Write.

                                              R. B. HAYES.

  S. BIRCHARD.

                                  CINCINNATI, July 4, 1852.

  DEAR UNCLE:--. .  .  .  I had a long letter from Guy

Bryan a few days ago. He said he had written to some friend

of yours, a Mr. Sullivan, as to Texas matters. He wants to get

a couple of carpenters at thirty dollars a month and boarded, and

wished [them] for six months or a year from November next.

Do you know such?

                         Good-bye,

                                              R. B. HAYES.

  P. S.--Hurrah for Scott. "Old Lundy" is bound to win. No

need of working, only laugh and hurrah.--H.

  S. BIRCHARD.









             MARRIED AND PROSPEROUS, 1852-1854          411



          AT. MR. VALETTE's, FREMONT, OHIO, July 17, 1852.

  DEAREST:--.  .  .  . It is not a great while, I find by count-

ing the days on my fingers, since I left Cincinnati, and that which

is dearer to me than aught else, beside, viz: your own sweet self.

That no prodigious length of time, as time is computed in the

almanack, has elapsed is true enough, but absence from the

"apple of one's eye" makes figures to seem great liars in making

up such calculations. Still, I have been so occupied, and that

pleasantly, too, that days have sped faster far than under other

circumstances they might have done.

  The railroad ride to Tiffin was not particularly agreeable.

Had no acquaintances on the cars; saw one or two pretty girls

whose faces I studied as if they were sitting to me for their

portraits. [We] were delayed two or three hours in the woods

by the running off the track of another train, and reached Tiffin

about six P. M.    Met Mr. Stem there and agreed with him to

be at his father's, where the girls are, Green Spring, tomorrow

evening. Saw also his brother, a young man of my own age,

and a favorite of mine, really bloated, shockingly so, with liquor.

Of such a family, so good a fellow, in these temperance times

too, and recently married! It is too bad. I don't much blame

people for being a little ultra in view of such warnings.

  After supper I came down to Fremont, a pleasant ride on a

good plank road of three hours, and found the whole family

here asleep, at 9:30 o'clock!  Uncle and  I talked till after

midnight. He begun by showing me his new paintings and

pictures. We talked of Gympsey*, lovingly of course, for she is

a great favorite both from description and "upon actual view."

  Next day, Wednesday, I sauntered about town shaking hands

and answering the same questions scores of times, as well as

asking the same.  Called on Ann Maria Olmsted, a tolerably good-

looking, very sensible girl of twenty-five, educated in the coldish

Presbyterian manners of the North, but estimable and rather

agreeable withal; Minerva Justice, she [her] of the plant, who

was "out," and Octavia Dickinson, a plump, fine-looking girl of

French parentage on one side, and Catholic education at our



    *A pet name of Miss Webb.









412          RUTHERFORD BIRCHARD HAYES



Notre Dame, who is free and laughing and about your age and

with enough of your qualities to make me like her; so I invited

her to a ride to Green Spring with a little party the next day.

Thursday, ten of us went to the springs, eight miles, a beautifully

wooded grove where we spent the afternoon splashing one an-

other, throwing May-apples, keeping off mosquitoes, and other

nonsense. Took a country tavern supper, great for variety but



poor for cooking, and started for home in the cool of the evening.

By the by, while supper was preparing I called over at Mr.

Stem's, saw Cleme looking as mildly sweet as a descended angel,

reminding me of you in that respect! .  . . .  In the evening

we attended a small party of married and a few young folks

marked by a little singing and a great deal of card playing and

eating.

  Yesterday made myself useful to Uncle, and last evening at-

tended a large party of "young" folks which was exceedingly

agreeable. Devoted myself to an old flame, Kate Fitch, to

Octavia, and to the Miss Julia Chapman whose beauty allured me

to lie through the strict rules of the Notre Dame School, as I

once told you.

  Uncle says that Glenn will probably build a pretty little sum-

mer retreat on the adjoining farm, and he says if I will promise

to spend here two or three months in the hot weather,

or to send my wife here, he will build me one in a pleasant grove

hard by. How say you? Shall I promise? I feel like doing it.

  Uncle and myself start for Columbus day after tomorrow.

We return here in a few days, I suppose, but you will write me,

love, instanter on receipt of this (directed to Columbus)  . .

a loving letter from the warmest corner of your heart and make

happy

     Yours truly and lovingly,

                                                         R.

  Miss Lucy W. WEBB.

                                   FREMONT, July 26, 1852.

  DEAREST:--Don't ask me, I couldn't answer it if you did,

whether I was most surprised or delighted upon the receipt of

yours of the 19th.  Both feelings--surprise and pleasure--

were a good deal excited. Only think of it, a young lady who









             MARRIED AND PROSPEROUS, 1852-1854          413



esteems her epistolary powers of such an humble kind that it

ordinarily requires a month of bitter reflection to screw her

courage up to the sticking-place, has actually written a letter of

good wholesome dimensions before, by the strict rules of eti-

quette, she was required to do it! Oh, I have great hopes of

thee, my dear one. If you are so soon grown strong in a point

which was lately your weakest, I know not what heights of

achievement are beyond your reach. . . . .  "An apology

for writing"? No, no, my love, no apology is needed by you for

anything you are likely to do in your conduct towards me. So

long as that loving heart is true, and it cannot be otherwise, I

shall view all you do and say through a medium which makes

the rough places smooth and the dark light. But when the

thing done is one which pleases me so well as a good letter

from you never fails to do, my warmest acknowledgments to

you, instead of your apology to me, are what is natural and ap-

propriate. . . . . 

  But I did write to you as early, I think, as the 16th and

enclosed it to Billy Rogers, but by some arrangement, or dis-

arrangement rather, it had not reached you on the 19th. I wrote

again from Columbus on the 21St, which letter I suppose reached

you before you left Cincinnati.

          . . . .  Don't let those "tares" disturb your peace of mind.

I have no fears as to the result of my "schooling." When I

remember how I've rooted out of your daily speech certain

phrases which I suppose you have now almost forgotten how to

use, and how easily you take up your pen, I feel the truth of

the old saw: "The difficulty is not in the doing but in the

attempting to do great deeds." The fact is you are a bird, a bird

of paradise. Uncle says he'll write to you one of these days, only

he fears you'll not be able to read his scrawl.

  I think of you constantly, but especially these fine moonlit

evenings as I walk the porch in front of this pleasantly shaded

farmhouse. I don't just know how I shall get through the sum-

mer without seeing you. I suspect I shall have to run down to

Chillicothe to see you. I did mean not to do it. I hate going

until the railroad is finished. I've said so often I'd not go until

it was.









414          RUTHERFORD BIRCHARD HAYES



              Think of me all pleasant thoughts, as I always do

of you, and I will promise to love you ever as I do now.

                       Yours only, ever,

                                                           R.

  Miss Lucy W. WEBB.

                                     FREMONT, July 26, 1852.

  DEAR FANNY:--I have regretted ever since I left Columbus

that I didn't wait a few days for Laura, thinking she might pos-

sibly have returned with me after it was impossible for you to do

so. I shall be at Gambier August 4, a week from Wednesday,

and will perhaps go to Columbus, when if it is convenient for

any of you to return here with me, I shall be very glad to have

you.  .  .  .  . Write me  at once as to the probabilities, as

my coming to Columbus will depend somewhat on that.

  Nothing new here. Belinda [McLelland, a cousin] with her

quiet, sorrowful, hope-bereft smile listens to what we say as if she

thought "this is too good to last," a sort of perpetual melancholy

which I am not at all partial to. Mr. McLelland has a phiz with

a corresponding expression, but more pale, more pious, and less

apt to smile. Their eldest, Jane, aged ten or eleven, is a toler-

ably fine-looking girl of the sandy-complexion kind, quiet,

amiable, good, but having too little vitality to be a very enter-

taining child. Mary is a stout, wilful, spoiled, pretty girl of four,

with beautiful hair as white as snow, quite bright, and therefore

interesting, but naturally, or by being spoiled, selfish. She is in

a never-ceasing squabble with Johnny Pease, who is also stout

and has a will of his own. I am on the best of terms with both

of them, and my appearance is the signal for a quarrel as to

which shall monopolize the most of my attentions.

   . . . .John R. [Pease]  looks like a wreck, partly from

ill health but chiefly from a profound conviction that he has one

foot in the grave, which never leaves him five minutes of cheer-

ful joy at a time. One cannot but notice how Uncle continues

the happiest, busiest, and healthiest, too, among all those who

have been his acquaintances and friends here. He is full of

railroading, politics, building, and fun, a combination as en-

grossing as rare. Until this year there has been so little building









             MARRIED AND PROSPEROUS, 1852-1854          415



in this town that it is impossible now that everyone is at it to get

either materials or hands fast enough to push matters beyond a

snail's pace. With all his energy, I hardly expect to see Uncle's

building under cover this fall. Yet I verily believe we should

all have been off on the great Scott spree at Lundy's Lane if I had

not sprinkled cold water on it, Mr. Valette leaving his harvest,

Uncle his building, Dr. Rawson his patients. And Buckland did

leave all his multifarious engagements. Great country this is!

You would enjoy it here at Mrs. Valette's greatly, I know.

  It is amusing to hear Uncle go off on his pictures. Just such

pictures were never hung up in any gallery before! 'Twon't do

to doubt or dispute an item of his opinions or narratives while

he is in the fury of his rhapsodies; but after it is all said over

two or three times and assented to by his auditor, he will receive

and adopt any sensible suggestion most willingly, although the

same thing intimated a half hour earlier would have been over-

whelmed with all manner of ridicule, assertion, and invective.

We have great sport over said pictures.

  Lucy Webb and her mother are in Chillicothe at present and

will be some time longer.-- Love to all.

                         Your brother,

                                                           R.

  MRS. W. A. PLATT.

                                  COLUMBUS, August 6, 1852.

  LUCY DEAREST:--I left Fremont Sunday evening, stopped a

day among the panic-stricken, cholera-smitten people of Sandusky,

staid two days, two happy days, among the students, alumni,

and visitors at Gambier, and reached here last evening. My

sister's family are all well, and, save the disfigurement of a

scratch or two, they are (the little ones I mean) the prettiest

little gems of humanity I ever saw.

  Since I wrote you last I have attended a country dance and

picnic twenty miles from Fremont out on the prairie. A rough

flooring was spread under a clump of trees, on which we danced

"by the light of the moon" till late hours were turned to early

ones. Myself and another gentleman with our respective "dam-

sels" were the only town folks present. The weather was of the









416          RUTHERFORD BIRCHARD HAYES



loveliest,--perhaps you remember it, a week ago Thursday,--

and if instead of the very agreeable and fine-looking fair one

who was with me, I had had one who was not with me, but who

was too much in my thoughts to make me entirely present

at the scene where she was absent, I should certainly have

spent one of the most delightful evenings of my  life.  As it

was I survived it.

  At Gambier I attended a charming party of young and

old, embracing many Cincinnati fashionables; a dinner of the

alumni, ratherish good; and a whole-hearted festive reunion

of the secret club, Phi Zeta. The latter kept in session till a

late hour, our only married brother having returned to his wife

at 12 midnight. We wound up our meeting by adjourning at

2 A. M. to his gate and singing "Auld Lang Syne."

  Billy Rogers was there. Poor fellow! His yielding good

nature, as usual, stood between him and the highest pleasure.

He had been inveigled to escort a couple (relatives perhaps) of

the Misses Lawrence from Circleville, who dragged him about

from Hall to Library "like a sheep," etc. I am really appre-

hensive that he will be carried off, "engaged," and married to

some contriving and self-willed miss by reason of his extreme

anxiety to do as others are pleased to have him. He will be

here tonight on his way home....

  Uncle talks a good deal about you, wonders especially whether

you will like his paintings, fears he shall not like you if you don't.

I tell him there is no danger on that score for I'll warn you of

what is wanted. To which he replies,"No, no, that won't do.

I can tell reality from affectation," etc., etc.

  Last night I called on Dr. John A. [Little] and lady. She

looks sweeter than ever . . . . Called also on Miss Belle

Gardiner and Ellen; ought to have mentioned Ellen first as she is

the elder. They "talked book" as they always do; not the most

entertaining talk in the world, unless talked by a very strong-

minded, original woman, and said Ellen and Belle being neither

one nor the other, their talk, ergo, was not "the most interesting

in the world."

  Fanny tells me: "Say to Gympsey for me that some day when

my babes are all asleep I mean to write her a letter." By the by,









             MARRIED AND PROSPEROUS, 1852-1854          417



Fanny and Laura intend returning with me to Fremont.

Whether they will do so or not is quite another matter. If they

do go with me, we shall start Tuesday morning, the 10th. So,

my dear, put on one of your industrious fits and write me a letter

that will reach me Monday if possible at this place....

  Fanny says that Hatty and Mr. Solis made a bargain when they

were engaged to write to each other once a month! Cool was

it not? I would break off an engagement that would live on

such a short allowance of correspondence. . . .

  Fanny's garden is now looking charmingly. I wish you were

here to walk about in it with me tonight. . . . . Write

often and remember to think kindly of one who can't help

loving dearly his charming Gympsey                          R.

  P.S.- And wouldn't if he could.--R.

  MISS LUCY W. WEBB.

                                COLUMBUS, August 22, 1852.

  DEAR Lucy: - Don't be nervous, nothing has happened, is

happening, or is a-going to happen, so far as I know, that need

affect your pulse. I write again so soon because it is convenient,

combined with another equally good reason, because I love you

dearly this holy Sabbath morning. You see by the date that I

have moved a hundred miles nearer to you since I wrote you that

awful scribbling from Esquire Dickinson's office in Fremont.

  Fanny and Laura returned with me yesterday. They enjoyed

their visit and travels very much. The last evening at Mr.

Valette's we had the subject of matrimony, the prospect of my

ever marrying, whether I was engaged and what sort of a damsel

Lucy Webb was, up for discussion. Birchard, Mrs. Valette, and

Fanny were the "leading disputants" as we say in "the Club."

Birchard 'thought everybody ought to marry; none but fools lived

singly unless under compulsion.' Mrs. Valette 'thought I was

certainly engaged, never thought so before when she had heard

rumors to that effect, but now there was something indescribable

in my manner which confirmed the reports she had heard; had no

doubt of it. Mr. Hayes needn't deny it. Would like to know

when (?) was to be, and who this Miss Webb  was.'  Fanny

hoped and believed the rumors were true. She knew Miss

   27









418          RUTHERFORD BIRCHARD HAYES



Webb.' Here Mrs. Valette interposed: "How does she look?

Is she tall or short?" "She is quite pretty, tall, or rather just

right, not too tall but not 'dumpy'; you know I hate 'dumpy'

people. She has a charming disposition, is merry as a cricket,

and if she was here tonight her laugh would make Uncle ten

years younger."

  Here Birchard interrupted: "Well, why doesn't the fool marry

her? I don't believe she'll have him. If she will and he doesn't

marry her pretty soon, I'll get mad and marry some old maid

myself."

  This is a tolerable daguerreotype of the debate, and, speaking

of daguerreotypes, they insisted on my showing yours, but alas!

I had none. The next time you see Mr. Faris, that must be

attended to. The one he took of me is so much better than the

one you have that I was tempted to steal it from Mrs. Valette

to whom I gave it a couple of years ago.

  As to my movements: I return to Fremont tomorrow; shall

remain a week, return here, and stay over night, and reach

Cincinnati the evening before the first of September. I am a

little disappointed not to find a letter here from you, but shall

confidently expect one when I return here a week hence.

              . . . .        I have had a delightful summer vacation the last

six weeks, have enjoyed myself as much as I ever did in the same

length of time in my life, but yet I see how the pleasure could

have been immeasurably increased. Do you guess how? By

simply having with me as my own dear wife the loved and I am

sure loving one with whom I am now conversing. That was all

that was wanting to fill the cup, and another summer shall not

be passed by me without your sweet self as my own if I can

help it. That glorious country house of Mr. Valette's would

have been enlivened, lively as it was, for me and for all so much

if you could have been there with your sunny smile and sunnier

heart to cheer it as Phoebe did the old "house of seven gables."

  And your songs, let me exhort you for the fiftieth time, as

you love me (is there a stronger adjuration?), not to neglect the

songs which can be sung anywhere, any time, without note or

instrument. You do not know how all my happiest hours are

associated in my memory with pleasant songs. With no musical









             MARRIED AND PROSPEROUS, 1852-1854          419



taste or cultivation myself, I am yet so fond of simple airs that

I have often thought I could never love a woman who did not

sing them. Fanny sings a little, but a little, yet she enjoys music

to the full as much as anyone.

  We had a happy little picnic Thursday at Green Spring.

Lydia, Cleme, and Fanny sung snatches of all the songs they

knew, -- they hardly knew one entire song, -- and yet it added

vastly to the delights of the occasion. Lydia and Cleme inquired

kindly after Miss Webb, doing it very quietly as if fearing my

modesty might construe their interest into a little sly waggery.

  Remember me, no, my love to your mother.

                   Believe me ever, yours,                 R.

  MISS LUCY W. WEBB.



                            CINCINNATI, September 7, 1852.

  DEAR UNCLE:--I enclose you herewith your will and also a

draft of a new one which changes the former in the manner we

were speaking of at Bellevue.

  I found that I had lost nothing by remaining away during the

summer, but business is brightening a little now, and I shall not

go either to the Whig Convention or State Fair. I do hope you

will not get too warmly enlisted in politics. The result is cer-

tainly in doubt, great doubt. In this county the Whigs will do

much better than usual. I shall speak a few times, but having

no desire to figure in political life, at least not as I now view

such things, I do not care about making much effort as a political

speaker.

  In regard to the matter of marrying, I am of your way of

thinking. I don't like to be too dependent, but still as things are,

I think I should not feel any delicacy in calling on you in case

of need. One of Lucy's brothers is now very low, I feel quite

doubtful as to his recovery, so that nothing will be determined

just now, but as soon as that consideration is out of the way,

I shall see that your "suggestion" is adopted on short notice.

This I am determined on and you may rely upon it . . . .

                           Yours,

             R. B. HAYES

  S. BIRCHARD.









420          RUTHERFORD BIRCHARD HAYES



                            CINCINNATI, September 13, 1852.

  DEAR MOTHER:-- Your letter enclosing the obituary notice of

Uncle William, I received yesterday. I am, of course, sensible

enough that there are wide differences in many respects between

my excellent uncle and myself, but really I hope you will not feel

conscience-smitten because of any fancied neglect on your part

of my early training. I suppose very few persons have less to

regret as to their opportunities in early life than your children.

The loss of our father was a far greater calamity to you than I can

possibly imagine it to have been to Fanny and myself. So far

as religious example and instruction were needed or could have

influence we certainly had the advantage of both. You must

remember, Mother, that ideas upon religious duties have changed

almost as much among the best of people in a few years past as

notions upon any other subject.  That there are some such duties

we all believe, and in the end we shall, I hope, be all near enough

right not to suffer greatly for our errors of judgment.

  Uncle William's death is a great affliction to us all. I do

regret it greatly, the more that he was so soon to return to his

native country,* but we cannot control these dispensations.  To

Aunt Emily the event is the more distressing as she is left so

entirely alone.

  My health is excellent.  I make a few speeches these days on

politics. They do no hurt, but I am not sanguine, as Uncle

Birchard is, as to the result. Glad Greeley pleased him. It will

make very little difference with either of us who is President,

but I shall learn a little as to public speaking and make some

acquaintances and friends.

  Love to all.  Affectionately,                   R. B. HAYES.

  MRS. SOPHIA HAYES.

                             CINCINNATI, September 14, 1852.

  DEAR UNCLE:--. .  .  . I am in fine health; prospects of

business steadily improving. The City Bank having pretty nearly

ceased to do any business, I shall be cut off from about two



  *William Hayes, a cultured gentleman, was for many years American

consul at Bridgetown, Barbados, where his death occurred and in whose

cemetery he was buried.









             MARRIED AND PROSPEROUS, 1852-1854          421



hundred dollars for protesting but my docket of court business is

looking up considerably. My increase of business is chiefly from

being employed by brother lawyers to assist them in the manage-

ment of their own cases.

   I am posted to speak with Charley Anderson and Caleb B.

 Smith,--only one of them at a time--at half a dozen Whig

meetings. Shall of course let them do the most of the speaking

so as to run no risk of injuring myself. I shall make no speeches

in the open air. I have made three set speeches, being the only

speaker, at large ward meetings. My success was quite to my

desire. We cannot fail to do well in this city and county, but

if one tenth that the Loco-foco leaders say is true, we are sure

to be beaten in the State and country. They are playing the brag

game and our folks must not be discouraged by it; but it is, per-

haps, as well for us to prepare to meet the result, if adverse,

like philosophers.

  Don't get to work out of doors yourself. It is far better for

you to spend a little money than to risk your health.

     Love to friends.

                                                R. B. HAYES.

  S. BIRCHARD.





  September 24, 1852.- A world of time and events have passed

since last I scribbled here. Have been engaged in two more

murder cases. Gained some credit in the most notorious one,

viz., [the] James Summons case. Have spent happily a six-

weeks vacation with Uncle in Fremont, and with Fanny and

Laura there also. Had a pleasant commencement time at Gam-

bier--a merry meeting of the Phi Zeta Club; was appointed to

address the alumni next year; must do it well. Since my return

have made some political speeches, neither very good nor very

bad; enough to satisfy me that with a motive, and my heart in

the work, I could do it creditably. I would like to see General

Scott elected President. But there is so little interest felt by the

great body of thinking men that I shall not be surprised at his

defeat; indeed, my mind is prepared for such a result.

  The real grounds of difference upon important political ques-









422          RUTHERFORD BIRCHARD HAYES



tions no longer correspond with party lines. The progressive

Whig is nearer in sentiment to the radical Democrat than the

radical Democrat is to the "fogy" of his own party; vice versa.

  Politics is no longer the topic of this country. Its important

questions are settled--both on the construction of the Consti-

tution and the fundamental principles which underlie all constitu-

tions. Consequently, the best minds of the country will no longer

be engaged in solving political questions, in meditating on political

subjects. Great minds hereafter are to be employed on other

matters; or if upon political or semipolitical questions it will

not be upon those which are to determine who are to govern, to

hold office, etc. Government no longer has its ancient importance.

Its duties and its powers no longer reach to the happiness of

the people. The people's progress, progress of every sort, no

longer depends on government. But enough of politics. Hence-

forth I am out more than ever.

  The prospect of a union with the one I love best is now upper-

most in my thoughts. No time [is] fixed, but a sort of under-

standing that as soon as her brother's health is in some degree

restored, this happiness is to be enjoyed. A great change but a

joyous one in my way of life, this will be.

  My Uncle William, the favorite of all the Hayes connections,

died last summer. Links with the past daily severed. Loved

ones lost more and more till our own hour comes.





                           CINCINNATI, September 25, 1852.

  DEAR UNCLE:-- I received your Sunday letter just as I was

starting off to the railroad celebration at Hillsboro. Quite a

number of my cronies and a host of the nabobs went up. There

were from five to ten thousand people on hand to help devour

the roast oxen and other eatables. I quartered on McDowell and

had great fun. As we had very few speakers in our city crowd,

I had to bear a hand at that part of the business. Hillsboro is a

delightful town. I shall occasionally run up there with McDowell

now that we can do it in two or three hours.

  I suppose your railroad will soon be carrying passengers. In

noticing the improvement in the villages along the line of the









             MARRIED AND PROSPEROUS, 1852-1854          423



Hillsboro Railroad I could not help thinking of your hopes as to

the advantage to Fremont of the one you are building. You

cannot, it seems to me, be disappointed. The effects follow in

the same manner everywhere.

  I have nothing new about politics. I have no opportunity

here of knowing much about other parts of the State. There is

certainly very little interest felt in many localities. This is us-

ually against us. Perhaps the quiet work of organization under-

taken by the State Central Committee may bring out the vote on

our side. If so, we may be able to carry the State. But in such

quiet times there is no calculating beforehand, and I always feel

inclined to prepare my mind for the worst. Governor Lucas has

written a Scott letter which ought to be reprinted in our papers

and circulated in Democratic localities.

  The City Bank is doing no business scarcely. I attend to their

law business and protesting. The latter amounts to nothing now,

but the former will be good for something while they are winding

up. What they intend to do, wind up or go on, I can't tell; don't

think they have determined.

  Your friends here are all well. Lucy is fine as a picture;

frequently asks when you are coming down.

  Love to all. Don't work hard, nor care what happens.

                            Yours,

                                               R. B. HAYES.

  S. BIRCHARD.

                               CINCINNATI, October 2, 1852.

  DEAR UNCLE:--Mitchell, who is still here on account of his

wife's illness, tells me you are getting along well with your

building. Very glad to hear it. Also that the railroad is done to

Fremont. McCormick, who addressed your Democrats and with

whom I am on the best of terms, speaks well of your town;

thinks it is bound to grow up fast. . . .

  Nothing new with me. I speak pretty often. It agrees with

me--my health I mean.

  Everybody agrees that within three weeks past the Scott feel-

ing has risen greatly, that the prospect of carrying Ohio improves

every day. The same is true of Indiana. The state elections in









424          RUTHERFORD BIRCHARD HAYES



both States, week after next, may be against us so much as to

prevent our carrying them, but our chance is good and getting

better.

  I had a letter from Mother and Fanny the day before yester-

day. Both are very well. Fanny was much taken with General

Scott. His journey through this State and Kentucky was "a ten-

strike." They may talk about it as they please. "Toot, toot, and

be d-----d, I've got your money," will apply to them very well.

General Scott gets votes by it. I don't consider the thing by any

means sure yet, but my hopes, as you see, are much strengthened

of late. Don't hurt yourself electioneering. No use, the work

will all be done.

                            Yours,

                                               R. B. HAYES.

  S. BIRCHARD.





  October 7, 1852.--Another birthday passed; thought of it;

mentioned it to Gympy. Quite a change in my position, and repu-

tation since one year ago; very little change in my pecuniary pros-

pects. Business seems to come slowly, discouragingly so; but my

success in various efforts in my profession have been so flatter-

ing that I cannot despond. Besides, the happy thoughts I am

filled with these days when home occurs to me make me quite

hopeful and cheerful.--Ideas don't flow this sultry afternoon.







                              CINCINNATI, October 12, 1852.

  DEAR UNCLE:--It is about midnight of election day.  Every

Whig in the city either drunk or crazy over our victory. We

have elected Scott Harrison to Congress over Roll, our sheriff,

and most of the important officers, and reduced the Loco majority

on state ticket to a small figure. This victory almost insures

the German vote to Scott next month. You can have no idea

of the way Whigs feel over such a victory.

                          Good-bye.

                                               R. B. HAYES.









             MARRIED AND PROSPEROUS, 1852-1854          425



  P. S. (Morning).--The Loco state ticket gets from fifteen

hundred to two thousand majority. All hands agree that Ohio

is for Scott. The Enquirer people say it looks squally for Pierce.

Whigs are still crazy. Charley Anderson says he shall never

pass a German without taking off his hat to him hereafter.

Every two minutes I hear some Whig cry, "Hurrah for the Ger-

mans!" They gave us the victory. We send a Whig German

to the Legislature!

  S. BIRCHARD.





  October 14--I feel gloomy today.  Why my spirits are de-

pressed, I cannot well divine. Probably the late hours and the

excitement of the election just passed are the chief cause. Partly

health too--physical causes have contributed to it. I feel vexed

with myself that I study so little; vexed that I have not so much

business as I think I should have. My hopes of a successful

result in the approaching Presidential election, also, are waxing

feeble "by degrees and beautifully less." I shall speak a few times

before the election, and then farewell for a time--I hope for a

long time--to politics with its excitements, its dissapointments,

and all the distracting and dissipating cares and thoughts which

belong to it. Then for steady and serious effort in the line of

my profession.

  I will now begin to read for my argument of the Nancy Farrer

case before the court in banc at Columbus. I mean that shall be

the best effort of my life. First the trial of Abner Rogers.--I

shall write here as I read such notions as strike me.    [The

numerous notes and citations in preparation for his argument

given in the Diary are omitted.]





                              CINCINNATI, October 17, 1852.

  DEAR UNCLE:--We  are a good deal disappointed with the

result of the late election in other parts of the State. If we had

not been beaten elsewhere so outrageously, the Whigs here could

have kept the Locos from raising their heads here at the next









426          RUTHERFORD BIRCHARD HAYES



election. They were completely broken and disheartened. Even

now they feel doubtful about their own existence; but their recent

victories abroad will encourage and unite them again. My own

opinion is that Scott is beaten, but there is a possible chance and

we ought to fight for it, and not let it get out that we are not

confident of success.   There is this crumb  of comfort, that

wherever there has been a hot contest on local tickets we have

done well on our state ticket--well enough to have carried the

State with a similar contest throughout. Our losses have been

where there was no hope on the local tickets and no contest.

For proof of this, look at this county, Campbell's District, Gallo-

way's District, etc., etc., where we gain handsomely on our state

ticket; and for examples of the opposite, look at Seneca County,

Ross County, etc.

  All I write for is to say, Get ready to take defeat as gracefully

as possible. Until within a few weeks I had not much hope that

there was interest enough to give us a full vote, but for three

weeks before the election we were gaining in this region so

rapidly that I began to think our chance a good one. Now I

doubt again. A full vote would elect Scott. A partial vote de-

feats him.

  I shan't write you more than one more letter on politics. I shall

regret defeat in Ohio quite as much on your account as for any

other reason. The truth is there is no principle at stake in the

election. It is only a preference for our party and our man.

"Sour grapes" is the feeling I am trying to cultivate, as you see,

and trust you will be philosopher enough to do the like. But if

we do beat after all, I'll shout as loud as the best of them.

                                               R. B. HAYES.

  S. BIRCHARD.

                              CINCINNATI, October 22, 1852.

  DEAR UNCLE:--Yours of the 19th I received this morning. I

begin to have some faith in your theory of the influence of the

new moon. Nothing short of some hidden ghostly power could

ever have turned Tim Bush and Squire Baker to Loco-focoism.

Well, well, it's no matter of life and death how an election goes

unless you should take it into your excited head to jump onto









             MARRIED AND PROSPEROUS, 1852-1854          427



Ned and ride the county. Don't do that if you have any love

for your friends. You have had your day for hard work, and

considering your health you have surely done your share. San-

dusky County did as well (and better) as Seneca or any of its

neighbors, and no doubt will do so again; so let things "work out

their own salvation." We may carry it after all. Stranger things

have happened, but I don't count opon it. Here we feel pretty

well and have rousing meetings while the Loco-foco meetings

are not large.

  But I am more bothered about your house; a few hours will

cure you of the defeat at the election, but the house hangs on

woefully. I am glad you will not work so again. But you must

come down here and stay a while. You will never be a man of

leisure at Fremont.  You have been working there all your days

and can't break the habit at your time of life.

  Miss Webb is now at Chillicothe, but if she were at home

would probably reply, "Nobody asked me, sir, she said." How-

ever this [the date of the wedding] shall be fixed to your entire

satisfaction the first time you come down here.

  Our folks at Columbus are all well. I mean to go up there in

two or three weeks and stay a day or two. Love to all.

                           Sincerely,

                                               R. B. HAYES.

  S. BIRCHARD.

                              CINCINNATI, October 31, 1852.

  DEAR UNCLE-- If a letter from me can do anything to dispel

the gloom which bad luck and a moon "over the left" are cal-

cultated [to] throw over your meditations, I am quite willing you

should have it. You have often heard me say that the consola-

tions of friendship in a time when they are needed by reason of

misfortune are always confined to a very limited circle. In such

times the ties of blood and kindred are always, or almost always,

stronger than any other. This is more so in old age than when

we are young. In youth mere friendship is often a warmer and

stronger attachment than relationship, but I fancy that every one

as he grows older desires more and more to lean upon those who

are bound to him by ties which give him a right to their affec-









428          RUTHERFORD BIRCHARD HAYES



tion and support. If anybody in your situation ever had a right

to count upon fidelity on the part of the few of his own blood

to whom he feels attached, you surely are entitled to look for it.

But this is all a matter of course and you know it well enough

without my discoursing about it.

  The election will come off by the time this gets to you. I have

not much confidence of a right result but "while there is life there

is hope," and if we should happen to succeed we shall rejoice

all the more that success comes after so discouraging and gloomy

a canvass. While if we fail the disappointment will find us pre-

pared for it. If Pierce is elected the question of annexing Cuba

with war, slavery, and her degraded population becomes at once,

I believe, the great question of the times. On that question we

shall, of course, take the conservative and Northern side, and

will probably find ourselves again in the majority in Ohio, but

"sufficient for the day is the evil thereof."

  I went up to Columbus on Wednesday to attend the wedding

of my old sweetheart, Helen Kelly. Had a gay time and en-

joyed myself greatly. Mr. Platt has a chill and fever slightly;

the rest all well and happy. Laura is in particularly good health.

  My regards to friends. Shall expect to see you soon.

                             Yours,

                                                R. B. HAYES.

  S. BIRCHARD





  November 3, 1852.--My  candidate, General  Scott, is  de-

feated by the most overwhelming vote ever recorded in this

country. A good man, a kind man, a brave man, a true patriot,

but an exceedingly vain, weak man in many points. General

Scott no doubt deserves defeat if weakness and undue anxiety to

be elected can be said to deserve such treatment. I have long

anticipated such a result. Should have felt more sure of it but

for my diffidence in my own judgment and reliance on that of

others; henceforth I shall trust more to my own opinions in

these matters.

  These last two months have added little to my store of knowl-

edge, professional or general, but I have acquired something that









             MARRIED AND PROSPEROUS, 1852-1854          429



may be of value in the power to speak to popular assemblies.

Now let me to work for business and to accomplish myself as a

lawyer.





                            CINCINNATI, November 3, 1852.

  DEAR UNCLE:--"Whom  the Lord  loveth He  chasteneth."

Very consolatory text that is. I trust you will apply it to your

own case with proper unction; I am doing so with a good deal of

success.

  You have heard of the philosopher who endeavored to extract

sunbeams from cucumbers. Well, we Whigs may as well do the

same thing in this wise: Your town, I see by the reports, did

well, so did my ward, and my town and county tolerably fair.

You may reckon that as sunbeam number one.  Not a very bright

beam, it is true, but then you must consider it comes from a

cucumber. Another ray of comfort is, we are beaten so pre-

posterously that we can't lay our defeat to any neglect or blunder

on the part of any of Scott's friends. No prudence or sagacity,

no industry or expense, could have averted the result. There is,

therefore, no self-condemnation. Count this beam number two.

Our Waterloo is so huge that we are not kept several days dang-

ling in suspense between the heaven of success and the pit of

despond, but are compelled to make one big plunge which is over

before we have time to shiver with apprehension, and we are

rejoiced to find ourselves, not killed after all, but alive and kick-

ing. This will do for glimmer number three. I will give but

one more: that is, that the Loco-foco majority is so great that

they must needs divide and so again be conquered. As Judge

Matthews said to me a few days ago, speaking of a legislative

body, if we have only two majority we can rely upon it, but if

it is twenty, some men will think for themselves and we are

beaten by divisions.  Well, well, it's all over now; no great odds

anyhow. Hope you take it with your usual philosophy.

  Get rid of that building, put on a clean shirt, and come down

to see me.                       

                              Yours,

                                              R. B. HAYES.

  S. BIRCHARD.









430          RUTHERFORD BIRCHARD HAYES



                            CINCINNATI, November 8, 1852.

  DEAR  FANNY:--I know  it is washing day and therefore

quite improper to intrude upon housekeepers, but happening to

have a little leisure I will write a few words now which you may

delay reading until the clothes are all ironed and nicely put away.

  First as to personal items. "I am well and doing, etc." (See

Sam Hinton's stereotyped formula for the rest of the paragraph.)

Friends all ditto, especially Lucy, who returned bright and

blooming Thursday evening.

  Skipping to national concerns. I have nothing novel to say

in the way of facts or reflections about the election. The most

remarkable thing about it is, that it's all over and forgotten so

soon. As to the result, Who cares? is a question as hard to

answer as was a few months ago, "Who is General Pierce?"

Mother ought to feel consoled by knowing that the result is a

sort of anti-catholic triumph. Laura should find solace in think-

ing that it is probably a judgment on Mr. Pierson for being so

cross!

  The event of the last week has been the sojourn among us of

the notorious Christian infidel, Theodore Parker, of Boston. He

delivered three lectures and one sermon during his three days'

visit. His lectures were on "Progress," "The True and False

Ideas of a Gentleman," and "Woman."  His sermon was a gen-

eral resume of the ideas of God which have prevailed in all

times down to the present.  He aims to be and is witty,--very

funny; talks in an easy, conversational way with some of the

hesitancy of utterance noticeable in Emerson and in English

speakers; pronounces many words in the old-fashioned way, clerk

clark, either ither, gentleman gintleman, etc., etc. He looks in-

differently well but intellectually; face and head not unlike J. Q.

Adams; is bold as Caesar, "calls a spade a spade," whenever he

has occasion to speak of that implement; seems to be sincere; is a

man of much more sober thought and of sounder judgment than

I had supposed; knows all things almost up to omniscience

bearing on the topics he handles; is fond of giving collateral

stabs at opinions, characters, and parties, and often does it in

most amusing fashion.

  On "Progress" he, of course, said not much that was novel;









             MARRIED AND PROSPEROUS, 1852-1854          431



thought the human race "began in the world" some six or sixty

thousands years ago very low down in the scale of existence, and

had gradually developed into their present "well-to-do" condi,

tion, ignoring thereby the old notion that Adam and Eve were

very "genteel" people; indeed, ignoring altogether the fact of

there having been such persons who once raised flowers and

vegetables in Eden. The idea of a gentleman was simply a cor-

rect account of the article, true and false, wittily and graphically

described; the false held up to merited contempt and ridicule,

and the true exalted to the topmost round.

  A critic would say that there was more ad captandum effort

in this lecture than was needed.    But  the talk of all was his

sermon. He gave us the notions entertained by all the early

heathen peoples of God, showing them  to be absurd enough;

then, the Hebrew, Mosaic and patriarchal, idea of Divinity was

a very narrow and imperfect one. The God of the Old Testa-

ment is partial, revengeful, hating and loving without just cause,

unmerciful, etc., etc.--which, I think, he proved by the books.

The New Testament idea was juster, higher, but still imperfect.

For it represents Him as not perfect in love, justice, goodness,

or even power. For it makes Him the author of absolute and

eternal evil, viz.: a Devil and Hell and endless punishment, and

represents Him as compelled to resort to suffering to save his

creatures. The writers of the best religion found in literature,

viz.:  Fenelon, Swedenborg, William  Law, Wordsworth, and

Channing approach more nearly to the true idea, but yet their

reflections are tinged with a fear, an apprehension, that God is as

represented in the New Testament, wrathful; though not a full

acknowledgment, but feeble denial rather, of this is found in

their works. But the true idea now beginning to struggle with

the popular theology is that God is a perfect being in love, justice,

mercy, power, etc., etc.

  Have you seen a couple of letters by Webster, one to his

farmer in New Hampshire which is queer, merely a curiosity;

the other written from  his farm in New Hampshire, in which

he speaks of old times, his father, who, he says, "was the hand-

somest man he ever saw except his brother Ezekiel, and he was

perfection. Oh, so beautiful as he lay in his coffin!"? I fancy









432          RUTHERFORD BIRCHARD HAYES



that a good collection of Webster's letter will be the most interest-

ing of his "remains."

                     Love to all.--Yours,

                                              R. B. HAYES.

  MRS. W. A. PLATT.



                           CINCINNATI, November 10, 1852.

  DEAR UNCLE:-- Why is it Mrs. Valette thinks you voted for

Pierce?  Because you are "so"- what?  The word looks this

way, "rugerd"; but what word is that? Are you "so rejoiced,"

"so enraged," or "so ragged," that she thinks you voted for

Pierce? I guess it is the latter; if so, the reason is a bad one,

for it was the well-dressed Whigs, the Fillmore and Webster men,

not the "ragged" ones, who went over to Pierce and left "old

Mr. Scott" nowhere in the race.  I, of course, would repel in-

dignantly a slander upon my uncle, but I must know what the

slander is. Does it consist in the charge of having voted for

Pierce or in the charge of being "ragged"? If the former you

will have no difficulty in establishing your innocence of the

charge, if you are innocent, for the number who supported the

late Winfield Scott is so small that there is no danger of being

overlooked in the crowd! But if the slander is that you are

"ragged," you had better plead guilty and throw yourself on the

mercy of the court. For when a person of respectable parentage

and connections, who has spent twenty years of his manhood

either as a merchant or a gentleman of leisure, becomes so re-

duced as to be forced during the sultriest days of summer and

the most inclement weather of November to tend mason for

bricklayers and do chores for day laborers, I think it is no slan-

der to call him "ragged"!  If he isn't ragged he ought to be!

  Judge and Will Lane [of Sandusky] were here a few days

ago.  Will told me that the Junction Railroad had secured a

crossing over Huron River after a contest before Judge Otis.

This is as I anticipated. You perhaps remember that I thought

last summer that there was hardly good grounds for an injunc-

tion in that case. He also told me that they would send a speci-

fication of their plan of crossing the bay (as soon as it was de-

termined upon) to the mayor of Fremont. They really mean to









             MARRIED AND PROSPEROUS, 1852-1854          433



cross the bay if possible; and when we consider how important

such crossings may in some cases be to railroads, and how the

relative importance of navigable streams as compared with such

roads is daily diminishing, the question as to the right to cross

the bay cannot but be regarded as doubtful, although the law as

heretofore held by the courts would not, I am confident, permit

it. Nevertheless you must keep a stiff upper lip; the chances are

certainly worth fighting for.

   The plan of crossing will probably be by a platform on a

pivot leaving two passages of sixty or seventy feet each on either

side of it with piers or wings one or two hundred feet long, on

which the sailors can warp or tow their vessels into and through

the passage. This will in bad weather certainly be a considerable

obstruction to navigation. The Sandusky people will, of course,

have witnesses who will swear down the obstruction to almost

no obstacle at all; you will have to meet this with counter testi-

mony. You will interest yourself considerably in the matter, but

as every other property-holder is also interested, I would see

when the time comes that others are in the boat with you to

share the expense, etc., etc. Will also told me, when I suggested

the difficulty about their charter, that they might be forced to use

other charters, the charter of the----,-----& Mississippi rail-

road, for instance, and by combining the charters together get

over the difficulty, if there was one, under the Junction charter.

This I knew nothing about when I wrote you last summer as to

the matter.  There may be something in this possibly.

  Glad to hear you are all coming down.

                           Good-bye,

                                                R. B. HAYES.

  S. BIRCHARD.

                            CINCINNATI, November 18,1852.

  DEAR UNCLE:- .  .  . The case of the Canal Company

was probably not a very good one; but whatever merit it really

had was completely buried in the rubbish which bad manage-

ment heaped upon it. Some of their proofs were quite amusing.

One fellow testified that "he was a sailor by trade" and that in

his judgment "the building of the Junction Railroad bridge

   28









434          RUTHERFORD BIRCHARD HAYES



across Huron River would prove to the business of Milan, its

wharves and warehouses, and the income of its canal like a con-

sumption to the body, which however gradual and imperceptible

for a day is more surely fatal than the rapid cholera"! All

which might be very true, but altogether too figuratively ex-

pressed for a man who could hardly sign his name, and who was

"a sailor by trade." I did get some items however from the

transaction which are worth bearing in mind. Judge McLean is

[as] stiff as a crowbar on the subject of such obstructions to

navigation. The Wheeling Bridge case is a pet case with him.

He will allow an injunction very willingly in any proper case. If

you can raise funds enough to carry on a big fight, I think that

two suits ought to be carried on; one in the United States Court,

and one in the state courts. All that is required to get into the

United States Court is that the party complaining shall reside in

another State. This can easily be managed, if any non-resident

property-holder will permit his name to be used. But there is

time enough for all this.

                          Good-bye,

                                              R. B. HAYES.

  S. BIRCHARD.



                           CINCINNATI, November 20, 1852.

  DEAR UNCLE:--When I got up this morning I made up my

mind that this thing of passing my days as a bachelor was a

humbug. The only reason for doing it that I can think of is

that I am not making money. Well, I have thought this over

and come to the conclusion that I never shall get rich as a bach-

elor. I doubt if I ever shall as a married man, but I am a-going

to take the step. I am a tolerable lawyer and I can do divers

other things tolerably well.  Possibly the stimulus  of having

others depending on me may sharpen my wits in the way of get-

ting money; but whether or no, I shall fix the day tomorrow be-

fore going to Columbus if it can be done, and I think it can.

  Now what I want is to dispose of that sawmill tract or the

house and lot, so as to be able to raise some money to keep soul

and body together for self and wife during the winter at least;

as for the future I shall trust in Providence.  Now, give me









             MARRIED AND PROSPEROUS, 1852-1854          435



your best "suggestion," or you may make a "motion" if you

prefer it. I've made up my mind now and it will go.

  I shall probably be at Columbus Tuesday and Wednesday on

business and then return.

                               Yours,          R. B. HAYES.

  S. BIRCHARD.

                             CINCINNATI, December 3, 1852.

  DEAR UNCLE:-- . . .  Received yours of the 29th.  I

have agreed with Lucy as to the marrying. We shall be ready

for the important event about the first of January; will have it a

week or two from that time either before or after to suit the

convenience of friends. So if you have anything to say on that

point let us hear it now "or forever after," etc.

  As to money, I do not see that I shall want much at present.

We shall board during the winter, not determined where as yet,

and of course there will be no necessity of drawing largely on

the exchequer unless we should furnish our own rooms. Shall,

perhaps, need your assistance but will let you know. One thing,

I can always get [money] of the house I deposit with for present

need, and so not call on you without some notice. I can sell out

my interest in the coal lands for five hundred dollars. Did think

some of doing it, but have made up my mind to ask at least one

thousand dollars. It will be worth more than that in a few

months if times keep good.

  By the by, if you have any thought of speculating at Toledo

or anywhere, "now is the accepted time." If I get a chance to

bid off a house during the winter, I mean to do it for there is no

danger of its being worth less in the spring or summer. I shall

not want any money until after you come down and we have a

talk.

                               Yours,          R. B. HAYES.

  S. BIRCHARD.

                           CINCINNATI, December 12, 1852.

  DEAR UNCLE:--Yours of the 9th is received. You know I

would like to see you here any time. As for the being present at

my wedding, so far as I am concerned it amounts to nothing. I









436          RUTHERFORD BIRCHARD HAYES



shall be just as glad to see you a week before or after as at that

time; but some folks think their salvation depends on seeing all

their friends' weddings; I didn't know but that was one of your

superstitions; if it isn't, don't think of risking health or inter-

fering with other engagements to attend mine on my account,

for honestly I don't care a straw whether you come at that par-

ticular time or not. It's a matter of no moment at all. I will

send you word of the time one of these days. In fact, I'd rather

see you before than at the time....

  Your new niece desires me to send her love. Thinks you bet-

ter not be in too great a hurry niecing her as you will probably

get quite enough of her after [a] while. . . .

  Write. Love to friends.

                                Yours,

                                                R. B. HAYES.

  S. BIRCHARD.

                             CINCINNATI, December 15, 1852.

  DEAR UNCLE:--.  .  .  The day is fixed, if nothing oc-

curs to change our plans, on Thursday the 30th, two weeks from

tomorrow. Whether we are to have an evening or morning wed-

ding, whether we are to run away to hide for a few days, or to

hide at home,  are unsettled questions.      If it were pleasant

weather, I would prefer running up to Fremont to going to

either of the other places in view, viz.: Columbus, Louisville, or

Lexington. As it is, we now both think it most sensible to be

laughed at at home in preference to going abroad to be ridiculous.

  As to your coming down, as Mr. Toots would say, "it's of no

consequence at all." We shall think just as much of a visit be-

fore or after, or when it is most convenient to you, as at that

time.

  There is to be no extensive wedding arrangements, probably

no tickets of invitation, but of course you will specially mention

to Mr. and Mrs. Valette that I should be glad to see them here,

also the kin.

  Nothing further at this present. Your new niece is "as well

as could be expected." I have a cold as usual.

                                Yours,

                                                R. B. HAYES.









             MARRIED AND PROSPEROUS, 1852-1854          437



  P. S.--If you should come down perhaps it would be a good

notion to come by way of Columbus and beau your other niece.

  S. BIRCHARD.

                            CINCINNATI, December 15, 1852.

  DEAR FANNY:-- . . .  We are well save a cold which

the worser half has as usual. Been looking about for a boarding-

place. Would prefer Mrs. Keating's but her room is unfur-

nished and would hate the bother of fixing up this cold weather.

By the by, Mrs. Keating will be "dreadful glad" to see you.

  Have agreed to marry if the sign is right on Thursday, the

30th December. Ought a man to have a wedding ring? If so,

not myself knowing brass from gold, if you will get Mr. Blynn

to make a tasteful article, engraved, etc., I'll pay the bill to him

if I'm ever able . . .

                       Affectionately,

                                              R. B. HAYES.

  MRS. W. A. PLATT.

                            CINCINNATI, December 19, 1852.

  DEAR UNCLE-- I fear by your letter of the 14th that you

were disappointed, perhaps vexed, with some of my wifing ar-

rangements.  .  .  . I thought from a remark you wrote to

Fanny that the bad weather and your business were such that

you preferred not to come, and so said that this making a big

fuss about a wedding was nonsense, and if you didn't like to

come, not to do so, etc., etc. Fanny, it seems, wrote to you to

come down and accompany her. Well, I hope you will, but not

against your own inclination.  This is all there is of it.  .  .

  You must not get vexed with me for what I write. I don't

measure my words when writing to you. Besides, aside from

this wedding business, I never had so many engagements press-

ing upon my mind at once in my life. I am so busy just now in

law that I hardly think of sweetheart or wife except when I am

with her. Love to all.

                               Yours,

                                              R. B. HAYES.

  S. BIRCHARD.









438          RUTHERFORD BIRCHARD HAYES



                            CINCINNATI, December 22, 1852.

  DEAR UNCLE:--Yours of the 18th relieves me from an ap-

prehension I felt that you were not exactly suited with some of

my doings. Very glad of it. It won't do for people who write

as hastily as you and I do to quarrel over our letters. I shall

remember this in the future.

  Have heard from Fanny; they expect to come down with

you.  .  .  . Shall return to Columbus with you Thursday

evening, or if you prefer to stay here a few days longer, I can

beau the party back.

  Love to all. Invite who [whom] you please, and say I es-

pecially wished it.

                               Yours,

                                              R. B. HAYES.

  S. BIRCHARD.



  December 30, 1852.-"December 30th, by Prof. L. D.  Mc-

Cabe, of the Ohio W. [Wesleyan] University, R. B. Hayes, Esq.,

to Miss Lucy W. Webb, all of this city."*

  Thursday afternoon, about 2 o'clock, at the residence of Lucy's

mother on the south side of Sixth street, between Race and Elm

(No. 141) Cincinnati, Ohio. Present, sister Fanny and her

daughter Laura, Uncle Birchard, Rogers and Anderson (Phi

Zetas), Lucy's mother [and] two brothers, Uncle Isaac Cook,

Aunt Lucy, and Will Scott, together with about thirty friends.

Took the cars same evening to Columbus; remained there in

brother Platt's family four weeks. A delightful honeymoon.

  January 7, 1853. - Had also the greatest triumph of my pro-

fessional life, viz., arguing my first case orally in the Supreme

Court of the state --"State of Ohio v. James Summons"; to be

reported in twenty-first volume Ohio Reports.





                              COLUMBUS, January 13, 1853.

  DEAR UNCLE-:-I am writing in Sam Brush's office, and sym-

pathy with the "genius of the place" will prevent me from



  *Newspaper clipping pasted in Diary.









             MARRIED AND PROSPEROUS, 1852-1854          439



writing you anything else than a hurried, incomplete, jerky sort

of an epistle.

  We are all well, have enjoyed our visit vastly. Our wife im-

proves on acquaintance. Am sorry you could not have staid to

get better acquainted with her. Have called, and teaed, and par-

tied a good deal and, what is strange, have found it a very

agreeable business.

  Got through with my argument in the Summons case in a

very satisfactory style, had a large audience of lawyers, was

congratulated by Ewing, Hunter, Stanbery and "sich-like" law-

yers. Your "kin," Judge Birchard, was especially complimentary

and claimed relationship, etc., etc. Don't know how it will go;

"hope for the best," as Mother would say.

  Shall go home probably in three or four days.

  Lucy would send love if she knew I was writing. Love to

the folks.

                           Yours,

                                              R. B. HAYES.

  S. BIRCHARD.

                              COLUMBUS, January 22, 1853.

  DEAR UNCLE:-Yours written for an excuse to send to town

was thankfully received. I hope you were well in time to enjoy

the lovely weather we have had for two or three days past.

  I hope to get away from here in two or three days.  I am de-

tained by the Summons case. The court will decide so as to save

my client's life. This is triumph enough, but they are quarrel-

ling whether it shall be a majority decision or a divided court.

They have been in labor with the case now two weeks. Bartley

(don't speak of this) was at first for joining the two in my

favor which would give a majority; but Thurman has pretty

much worked him over, which (as Caldwell takes no part) leaves

the court equally divided. Under the first impression, I was

authorized privately to notify the friends that the decision would

be favorable, and after this the "skeesicks." Bartley has been

backing out! This is all for the present to be kept quiet.

  Lucy is enjoying her stay very much; wins upon the regard of

all the friends and kin more and more. All the family now

very well and apparently pleased that our stay is so protracted.









440          RUTHERFORD BIRCHARD HAYES



  Gibson* wants to be a candidate for Attorney General. The

convention is the 22d of February. You are I hope done with

politics. I am not in deep enough to hurt; shall feel interest

enough to come up as a delegate on Gibson's account.

  Am anxious to get home and settled. Taking my wifing, the

Summons case and all, this has been the luckiest period of my

life. Love to all. Lucy sends her love.

                           Sincerely,

                                                R. B. HAYES.

  S. BIRCHARD.

                               CINCINNATI, January 29, 1853.

  DEAR  UNCLE:--Got home two days ago.  Received a few

minutes ago the two letters as to gold and the draft. Gold is now

worth one per cent and will be for a week longer. Do you want

it at that price? Doubtful if it can be had even at that. Heaton

probably did his best.

  Wife well. Prospects every way agreeable. Shall remain at

Mother Webb's, I know not how long.

                                Yours,

                                                R. B. HAYES.

  P.S.--I return the draft.

  S. BIRCHARD.





  February, 1853.-Have settled down pleasantly in Mother

Webb's family. Find my circumstances outwardly, as well as my

family associations, all of the most agreeable character. Now

beginning life in earnest -with a dear wife to whom I am most

tenderly and strongly attached, and who returns, I believe, my

affection in the fullest measure.   Let me earnestly resolve-to

use those grand lines of Bryant's "Thanatopsis":



  *William Harvey Gibson (1822-1894), of Tiffin, long famous for his

surpassing eloquence as orator and political speaker. He was elected

State Treasurer in 1856. He entered the Civil War in 1861 as colonel

of the Forty-ninth Ohio Volunteers, served throughout the war with

distinction, participating in more than forty battles, and was brevetted

brigadier-general. Altogether, a most worthy, honorable, and patriotic

citizen and gentleman.









             MARRIED AND PROSPEROUS, 1852-1854          441



          "So live, that when my summons comes to join

           The innumerable caravan that moves

           To that mysterious realm, etc."





                              CINCINNATI, February 4, 1853.

  DEAR UNCLE: --Yours of the 31st offering a reward of two

shillings  (!) to any person who can give  information of my

whereabouts came duly to hand. Strong as the temptation was

to get the reward, I delayed writing a day or two knowing you

would receive a letter from me before I could write claiming the

two shillings.

  Lucy is quite well. We are comfortably, very, housed with

Mother  Webb,  and  shall  remain there.    No  boarding-house

would be so agreeable as an abiding place, nor so homelike. Be-

sides, it is preferred by all parties interested.

  I received a letter from Buckland as to enjoining the railroad

from crossing the bay. Have written to Pugh. We will manage

to be on hand to do what we can. Have written twice to Buck-

land. There is a way by which the Court of Common Pleas in

Erie or Ottawa Counties may give them a sort of authority to

cross the bay.  This has not been done, has it? Otis would know.

If not done, and I presume it has not been, it will be well to

watch the matter a little. If they attempt to cross without this

authority it helps our case; at least it improves the face of it.

  I am not of course familiar with the law or the practice of the

United States courts, but Boalt must be mistaken in thinking

that Mr. Works must be in danger of being injured to the amount

of one thousand dollars in order to file his bill. The bill will be

filed in the Circuit Court and need not, I imagine, show any such

injury.  At all events, there is some way of getting along with

that difficulty. The matter in controversy, viz.: the right of the

railroad to cross the bay, is of more importance than one thou-

sand dollars. Glad that Mr. Works consents. My regards to

him and the rest of the family.

                                Yours,

                                               R. B. HAYES.

  S. BIRCHARD.









442          RUTHERFORD BIRCHARD HAYES



                           CINCINNATI, February 9th, 1853.

  DEAR UNCLE:-Yours dated February 5, but mailed the 7th

I have just received. If you have a responsible man for the

fee, let Mr. Ewing be employed by all means and at once. Let

him be written to immediately. Write letters both to Lancaster

and Columbus and Washington, all three places, for I don't

know where he is.

  The matter stands thus: If the Fremont people will have the

fee to pay I would not think of employing Mr. Ewing, for we

have strength enough already; but if somebody else will foot the

bill, I would have him by all means. Tell him what other law-

yers are engaged. If anybody else loves you or hates the Junc-

tion Railroad enough to want to employ another lawyer let, E. M.

Stanton, of Pittsburgh, be retained.  He mastered the whole sub-

ject in the Wheeling Bridge case.

  I hope we shall see you down here the last of the week. All

well and happy.

                                              R. B. HAYES.

  P. S.-- By some sly trick the Junction Railroad Company got

leave from the Board of Public Works to bridge the bay. This of

course does not affect your legal rights; but the face of the

case would be improved by getting this "leave" revoked. Pugh

will do his utmost, but as it is a matter of lobbying, your influ-

ence and management with Steedman and the board at Colum-

bus might be of service.--H.

  S. BIRCHARD.

                           [COLUMBUS, February 17, 1853.]

  MY DEAR LUCY:- I shall remain here until Tuesday evening

of next week.  .  .  . We had a glorious contest before the

Board of Public Works this morning--a regular lawyers' argu-

ment.  Pugh and myself for the Fremont people and a shrewd

old lawyer (Beecher) from Sandusky City for the railroad.

The "glorious" part of it is that after a warm contest we flogged

them. This is the first skirmish, face to face, in the controversy

and we take the result as a good omen.

  I wish you were here. When I am busy through the day I do









             MARRIED AND PROSPEROUS, 1852-1854          443



not miss you so much, but at evening I grow lonely . . . .

Think lovingly of me. I never loved you more than I do today.

You made many friends here. I hear your praises constantly.

You will have to call on quite a number who visited you after you

left. Love to all.

                      Good-bye. Love.

                                               RUTHERFORD.

   IRS. R. B. HAYES.

                             COLUMBUS, February 19, 1853.

  DEAREST:--I wish you were here. . . . I am not sick,

neither am I entirely well. A little cold with a little fever has

kept me from resting the last two nights. Like Lady Macbeth,

"I lack nature's great restorer, balmy  sleep."*  Mother  is

"nussing" me, and if you were with me I should be quite cheer-

ful today. Last night you visited me in my feverish dreams,

"springs in deserts." Sometimes I would stretch out my arms

towards you and you were gone and I would wake to hear little

Nannie coughing in the next room. She was thinking of you

also. Once in her sleep she said: "No, no, I want Aunt Lu to

read it, do let Aunt Lu read it to me." The poor little girl had a

bad night but seems a trifle better this morning.

           I am not a-going to be sick, so don't feel concern

about me. Shall probably come home Tuesday night.

               Good-bye for the present, dearest.

  P. S.--It is a little touch of influenza. It never lasts more

than three days with me.

  MRS. R. B. HAYES.

                            CINCINNATI, February 26, 1853.

  DEAR UNCLE:--I am at home this Sunday afternoon quietly

enjoying myself with my sweet wife. Went to church this morn-

ing, have read half a dozen chapters in the Bible, a play of

Shakespeare, and will now write to say that yours appointing

Friday the 12th March at Cleveland to meet you is received.



 *The quotation should, of course, be "Tired nature's sweet restorer,

balmy sleep,"--from Young's "Night Thoughts."









444          RUTHERFORD BIRCHARD HAYES



Shall be on hand armed and equipped. At what hotel shall we

stop in Cleveland?

  Have you written Pugh? Mr. Ewing's son writes me that he

has forwarded your letter to his father at Washington.

                                Yours,         R. B. HAYES.

  S. BIRCHARD.



  February 27, 1853.-- Almost two months married. The great

step of life which makes or mars the whole after journey, has

been happily taken. The dear friend who is to share with me the

joys and ills of our earthly being grows steadily nearer and

dearer to me. A better wife I never hoped to have. Our little

differences in points of taste or preference are readily adjusted,

and judging by the past I do not see how our tender and affec-

tionate relations can be disturbed by any jar. She bears with

my "innocent peculiarities" so kindly, so lovingly; is so studious

in providing for my little wants; is--is, in short, so true a wife

that I cannot think it possible that any shadow of disappoint-

ment will ever cloud the prospect,--save only such calamities as

are the common allotment of Providence to all. Let me strive to

be as true to her as she is to me. Let me too be loving, kind, and

thoughtful. Especially let me not permit the passion I have to

see constant improvement in those I love, to be so blind in its

eagerness as to wound a nature so tenderly sensitive as I know I

sometimes have done. This is indeed life. The love of wedded

wife! Can anything enjoyed on earth be a source of truer,

purer happiness--happiness more unalloyed than this? Bless-

ings on his head who first invented marriage!

  March 4, 1853.--I am now reconciled to clubs and informal

meetings, They sweeten the temper and make home and a loving

little wife dearer. It is now nine o'clock, Rutherford will soon

be in. Oh, that I may make home dear to him!--[This entry

made by Mrs. Hayes, to which Mr. Hayes appends:]

             "You are my true and honorable wife;

              As dear to me as are the ruddy drops

              That visit my sad heart."--Brutus.*



  *Shakespeare, "Julius Cesar," II: i.









             MARRIED AND PROSPEROUS, 1852-1854          445



                                 CINCINNATI, March 5, 1853.

   DEAR UNCLE:--Just  read yours of the 3d announcing the

postponement of the railroad case until April 12.  It is well

enough. For the last three or four days I have been up to my

eyes in the case. I can now speak precisely my best judgment

as to the matter. There is not a particle of doubt about the law.

It is certainly with you. If there was not a decided case to be

found we could beat them on the statutes. But they mean to

make a desperate fight. It is life or death with them. There is

no reason to doubt the courts, I believe, but there is a preference;

and if possible let us get ready to present our bill first, about

the first week in April to Judge McLean here. I will write him

today to see when he can hear it at this city. If he answers

favorably I can come out in a week or two and spend a week or

so. There is no need of more counsel. Ewing will probably

accept, and if so, the more they get the better.

                               Yours,

                                              R. B. HAYES.

  S. BIRCHARD.





  March 8.- Lucy asked me to write "something" in my diary.

What shall it be? "I've something sweet to tell you," or some

other magic "open sesame" which finds a path to the affections

when uttered by those we love? It is a gloomy, wet day, look-

ing more like the sad days which usher in our winter, than a

harbinger of spring and summer with their flowers and fruits.

  This morning the death of Judge Peter Hitchcock was an-

nounced in our courts. The occasion drew together very many

of the older members of the bar, especially of those who have

retired from practice. Excellent speeches were made by Na-

thaniel Wright, Judge  John C. Wright,  Judge  Johnson, and

Charles Reemlin. The strong points of Judge Hitchcock's char-

acter and powers were his simple, unostentatious manners, his

severe and scrupulous integrity, and his amazing power of en-

during intellectual labor. His patience in investigation united to

his perseverance and power of endurance made him the safest

and most successful investigator of a difficult, voluminous, con-









446          RUTHERFORD BIRCHARD HAYES



tradictory, and tangled mass of testimony of any man who ever

practiced at the bar or sat upon the bench in Ohio. He held more

offices than any other citizen of the State; sat upon the Supreme

bench almost thirty years; one term of seven years upon the

Common Pleas bench; was called by the lawyers "Old Common

Law," as the personification of the common law. This was

hardly an accurate description, for equity with him rather than

strict law was the guiding star, and rarely did it happen that dis-

honesty could find protection under any technical rule while he

administered the law. Honesty always proved the best policy

when suitors brought their complaints before him.

  March [11], Saturday night.- Ruddy has gone to the club. I

did think that I had become reconciled to it, but when the evening

comes, all the feeling is revived. Well, well, have patience a

little longer! "Woman is the only enemy that has ever overcome

the club." That I love him dearly and devotedly, he knows; but

do I strive to please him in the thousand ways which I might?

I know his desire that I should improve. Why do I not exert

myself more. Dear Rutherford, love me with all my faults.--

Lu. [Entry by Mrs. Hayes to which Mr. Hayes appends:]

  Love thee, dearest! Aye, as I do "the ruddy drops that visit

my heart," made happy by such words as yours.

  March 13, 1853.-- A Kentucky editor does not say that he saw

a political opponent drunk, but does say: "When we last saw

him he knew no north, no south, no east, no west, and we

kindly took him by the arm and led him down an alley."





                              CINCINNATI, March 15, 1853.

  DEAR UNCLE:- Just received yours of the 11th. Shall be

ready to come with Lucy almost any time. Our Common Pleas

Courts all adjourn this week until May I. The District Court

sits in the meanwhile and I have no business in that court which

needs any attention more than McDowell or Rogers can give

it. If I am wanted I will come by way of Columbus, stop there

and consult with Pugh, and come on.









             MARRIED AND PROSPEROUS, 1852-1854          447



  All well. Have received more cash for fees the last month

than any previous month in Cincinnati, not including, anything

for Summons either.

                           Yours,

                                              R. B. HAYES.

  S. BIRCHARD.





  March  16, 1853.-On the 14th, Rutherford and I had our

daguerreotypes taken. No difficulty in getting pictures to suit

us. The large one is for ourselves, that as old age draws on we

might see what we once were. Rutherford has that expression

I love to see. 'Tis a mixed one, love, happiness, and a tinge of

pride - enough to give a noble, manly air. And he seems to have

just said, "This is my wife." How dearly I will prize this pic-

ture. It will always bring sweet memories. And whatever shall

be our lot, may he retain that look. It is a speaking one, but I

cannot tell all it shows. To me the greatest and best expression

is only love. I am pleased with mine. It has rather a meek,

subdued air, clinging to its only support,-remove that and it

will droop.

  In the miniature case which is taken for Aunt Lu, Ruddy says

mine is the best picture of me he ever saw. It has a little more

independence than the others, at least, a stiffer head or neck. It

may be a prettier picture, but it does not show my heart so well.

Dear Ruddy's darling face must be changed. It has the fierce

look, so different from the first. Indeed I fear, when looking

at it, he does not love me half so well; but that is only a

daguerreotype story.--[Entry  by Mrs.  Hayes, to which  Mr.

Hayes appends:]

  What a dishonest artist he must be who can so misrepresent

my features and expression as to give it a look which even seems

to doubt between love and indifference towards you!





                                 CINCINNATI, April 1, 1853.

  DEAR UNCLE:--Mr. Ewing says our bill, affidavits, and case

are perfect; not a shadow of doubt but Judge McLean will at









448          RUTHERFORD BIRCHARD HAYES



once grant the injunction and that it will never be set aside. He

will wait over a couple of days in Cincinnati to be present at the

application. He says there is not the remotest possibility of the

bridge being built.

  He complimented me on the bill, etc., etc., says it is good

enough as it is in all respect, but "suggests," if convenient, to add

a paragraph which I have written out in the enclosed "memor-

anda.". . .

                            Yours,

                                                R. B. HAYES.

  S. BIRCHARD.





  April 3, 1853.-Just returned with Lucy from our visit to

Fremont, our first visit since we were one. A pleasant, cheerful

time, one week. Thence we went to Columbus. A good little

stay of four days. . . .

  April 11.--Argued my first case in a court of the United

States last week. I assisted in preparing a brief for another

cause once, viz., "Boswell, lessee, v. Dickinson et al.," reported in

8th Howard, I think, but this was my first oral argument. Mr.

Pugh and Thomas Ewing were on the same side. Judge Lane,

Mr. Beecher, and Judge Andrews opposed. The case is one of

great importance, viz., application to restrain the Junction Rail-

rioad Company from crossing Sandusky Bay on the ground, first,

that it violates their charter, second, that it would obstruct the

navigation of the bay.

  My sweet wife is so diffident of her powers. I wish she could

overcome it, so far at least as to make her willing to let me know

precisely what she can and cannot do, so as never to feel the

least hesitation in showing me the result of her efforts. I love

her better and better.  She is infinitely superior in capacity to

her own modest estimate of herself, and superior to most of those

to whom she would look up. Come, love, never be ashamed

of your work, when I am the sole judge.









             MARRIED AND PROSPEROUS, 1852-1854          449



                                CINCINNATI, April 14, 1853.

  DEAR UNCLE:--Judge McLean will not be able to write out

his opinion for delivery sooner than a week from Tuesday, a

week later than we expected, and supposing you would not want

to go to Columbus until that time, [I] thought I would write you

at once.

  I have heard no indication of his opinions. Have no reason to

feel doubtful of the anticipations we had at the close of the

argument.

  In the meantime, keep cool. Let the matter slide; the battle

has been fought, and I think we have won it. I would not speak

much about the postponement. No day was appointed before,

and this is simply fixing a day. As to the case, let that rest.

  All well.--Good-bye.

                                              R. B. HAYES.

  S. BIRCHARD.





  April 24, (Sunday).-- Have been reading "Genesis" several

Sundays, not as a Christian reads for "spiritual consolation," "in-

struction," etc., not as an infidel reads to carp and quarrel and

criticize, but as one who wishes to be informed and furnished in

the earliest and most wonderful of all literary productions. The

literature of the Bible should be studied as one studies Shake-

speare, for illustration and language, for its true pictures of

man and woman nature, for its early historical record.

  [Hayes notes the "earliest account of drunkenness," Noah's;

the curse of Ham, "supposed by many a divine sanction of

slavery"; that "Abram was occasionally guilty of telling a white

lie," always on account of his wife's beauty"; that "Sarah shows

genuine woman nature in her dealings with Hagar"; the earliest

contract and the first recorded use of money; and that "not many

love tales have been better told than this, the first we have

recorded  in a book"--namely, the wooing and wedding of

Rebekah.]

   29









450          RUTHERFORD BIRCHARD HAYES



                                  CINCINNATI, May 18, 1853.

   DEAR UNCLE:--.  .  .  . Don't lose confidence in humanity.

You have, perhaps, had too much hitherto and are now going

to the opposite extreme. The men you are now doubtful about

were never the best specimens of the race. None of them. It is

needful as you are getting along in life that you should not dwell

too much on the dark side of things; keep your thoughts on the

bright side. You have preserved your cheerfulness in spite of ill

health; don't now yield it up to Father Time. The Rome Rail-

road will do you ten times as much good as the [Sandusky] Bay

bridge can do you harm.

  As to the Urbana injunction, it is a fact that Corwin had made

up his mind to dissolve it before he left here. He said it was "an

outrage," but don't let this get out from me. Our cue now is to

make a strong case on the obstruction to navigation. We need

not feel hurt by the result at Urbana. Justice told me he would

save me a Statesman with Bartley's opinion. I wrote to Platt

but by mistake he sent the copy to Buckland. I would like to

have one. Medbury should be seen before he makes his report.

If a bridge is to be built it should be one that will do us as little

harm as possible. The bridge and draw on the west side of the

island at Wheeling, viz., a draw two hundred feet in the clear,

is infinitely better than the plan proposed by the Junction Com-

pany. But this better be kept back to the last moment when the

fight is clearly against us. As yet the fight is by no means against

us. Prevent Medbury's reporting in favor of the plan if possible.

Next prevent his reporting at this term. I do not think that

under a general leave to amend granted to the plaintiffs an

amended bill can be filed dropping one of the plaintiffs, discon-

tinuing the case as to him. This is a first impression, but I

think it is correct. Will look into it. No doubt of Rawson's

right to file a separate bill on distinct rights.

  All about the suits is for you and Buckland also. Please show

it to him.

                            Yours,

                                               R. B. HAYES.

  S. BIRCHARD.









              MARRIED AND PROSPEROUS, 1852-1854          451



                                 CINCINNATI, June 6, 1853.

  DEAR UNCLE:--By letter from Buckland and also from the

papers, I learn that Boalt is consolidating with the Junction Com-

pany. This is a new move in the game. I would like to talk it

over with you. Keep cool and good-natured, and not be in too

great haste to determine and act. A railroad from Ft. Wayne

connecting with roads both to Norwalk and Sandusky City at

your place, is certainly a great thing. Add to this the Rome road

and Fremont is well off in life.

  As to the right of the consolidated company to bridge the Day

under the Norwalk charter, I have made no examination but

"on first presentation," I am inclined to think there is nothing

of it. . . .

                           Yours,

                                              R. B. HAYES.

  S. BIRCHARD.

                                 CINCINNATI, June 8, 1853.

  DEAR  BUCKLAND:--Yours of the 6th is before me.  In a

letter written to Uncle, on the receipt of yours of the 3d, I in-

timated that it seemed to me a point for consideration, taking

then on first blush about the same view of matters that you do,

but did not express any opinion either way.

  I am not sure that I have seen all the amendments to the

Cleveland, Norwalk, & Toledo charter, but if I have, I do not

see how the consolidated company can build the bridge in its

own name and right. I would not speak of this at all at present

out of our own set. If it is correct and we consent to the proposed

compromise, we prefer that the bridge should be guilt ostensibly

as well as in fact by the consolidated company. Then if the

bridge is a nuisance, we can worry them, while if they see the

weak point and provide against it by some other dodge (for

example, the Port Clinton charter) we lose that rod. As to the

compromise: I have always thought and still believe that the

proposed bridge would be in law a nuisance, but I have not been

so sure that it would be such a serious injury to the town of

Fremont as many have supposed. The injury, in my onpnion, is

not at all to be compared with the benefit to be derived from









452          RUTHERFORD BIRCHARD HAYES



another railroad.  You may get the other railroad without the

compromise, and you may not be sure of getting it even with

the compromise. These are things to be coolly talked over. The

only [consideration] should be the interest of the town. If we

settle, there must be no niggardliness in payment of expenses.

  If I do not hear from you something which induces me to

change my mind, I will come up Saturday and spend a few days.

Do not decide unless it is necessary until I come, as I would like

to talk it over with Uncle first.

                          Sincerely,

                               R. B. HAYES.

  In what way can we bind the consolidated company to con-

struct the Ft. Wayne Railroad? Will consenting to the compro-

mise affect injuriously the prospect of the Rome Railroad?

  R. P. BUCKLAND,

    Fremont.

                                 CINCINNATI, June 22, 1853.

  DEAR UNCLE:-- I am glad you got along so well at the rail-

road meeting at Norwalk. The result looks favorably.

  Sorry to hear Uncle Austin is still unwell.

  Our courts adjourn today. Lucy has postponed our Kentucky

trip till fall. She will probably go to Chillicothe in a few days.

I shall go after her about the Fourth of July, stay there three

or four days, go from there to Columbus, thence to Fremont

and shall get there about the 12th or 15th of July.

  I think you are pretty sure of two more railroads at Fremont.

I have looked over the Indiana routes both west and southwest,

and think it is clearly for the interest of the consolidated com-

pany to build or aid in building both roads.

  If you don't want any more real estate about Fremont, sup-

pose you look out a bargain or two for me. . .

                         Good-bye,

                              R. B. HAYES.

  S. BIRCHARD.



  June 28, 1853.--Saw Lucy start in the Hillsboro cars this

afternoon. She will go to Hillsboro by railroad; thence by stage









             MARRIED AND PROSPEROUS, 1852-1854          453



to Chillicothe. A disagreeable ride this hot weather; will not

reach Chillicothe before midnight. A safe ride to her! How

different my feelings on parting with her now that she is my wife

from what they were a few months ago! It seems strange, but I

have less anxiety, less that is disagreeable in my feelings than

before. Now she is mine, if anything untoward occurs, I am

sure to be first thought of and sent for. Blessings on her! She

gives me "much happiness," to use Webster's stately phrase in

his will.

  September -, 1853.-Home again, but without my dearest

who makes home home indeed. On the 5th of July I left the city,

reached Chillicothe after midnight, found Lucy at cousin Fuller-

ton's in bed but awake and thinking of me. We had a pleasant

little visit at Chillicothe; spent a pleasant day at Lucy's uncles',

Scott [and] Cook; thence to Mr. Boggs' in the country, and

Saturday to Columbus. Remained there till the 17th [of] July.

Thence to Fremont. Visited Cleveland about the 3rd of August;

thence to Niagara -- three days; returned to Fremont the 8th;

remained at Mr. Valette's until the 27th; thence to Columbus,

and I returned here, leaving Lucy with my other "love," sister

Fanny, at Columbus.

  This is the statistical summary of the summer. But its real

enjoyment embraces many special things. I know my Lucy far

better than before. We have been alone together among strang-

ers, and I can't express how much deeper my love for her is.

  I saw a critique lately, the scope of which was to show that

Tom Moore wrote a diary for his wife to see, full of love

breathings and endearing epithets, but which shows that, in fact,

he neglected and was indifferent towards her. The article, I

hope, was unjust to the poet, but let not my sweet wife when she

reads this think that my professions are nothings else but pro-

fession. Do believe me sincere, and if you see me seem to grow

indifferent let your actions, "the daily beauty of your life," be

such that your husband needs must love you whether he will

or no. So good night, Lucy.









454          RUTHERFORD BIRCHARD HAYES



                            CINCINNATI, September 7,1853.

  DEAR UNCLE:--I see by the papers that Mr. Vinton is chosen

president of the consolidated company and is the only Ohio

director except the two presidents. This will add to the strength,

reputation, and credit of the company. I would keep my bonds

unless they will sell at par, for the moment it is generally under-

stood that Mr. Vinton takes the responsible place in the future

management of the road the bonds of the company must be the

best of first-class bonds.

  I shall want sometime during the fall ten or eleven hundred

dollars to pay up my coal land debt unless I conclude to sell out.

I have a standing cash offer of seventeen or eighteen hundred

dollars, being five or six hundred dollars above cost, etc.; I ask

twenty-five hundred and can get probably two thousand. The

question with me is this: Had I better go into the company that

Glenn and Gregory are forming if I can put my coal lands in at

twenty-five hundred dollars? I am inclined to think it a specu-

lation. The coal lands are put in at what I think a fair valuation;

mine at the same rate would be worth about what I ask for

them, a trifle less. There are to be ten shares of five thousand

dollars. If I go in, I shall take a half share with some other

party. Six stockholders are definitely in, all men of means and

reputation. After the company is formed on this basis and a

start made, stock to an increased amount will probably be

created and sold in small shares of fifty dollars or one hundred

dollars each. Buckland, Poag, and Mat Johnson have all said

something about the matter, so please keep all this to yourself.

  Let me hear from you soon and know when you are coming

down. The Kentucky fair is next week.

  Lucy is at Columbus. All well there.

                          Sincerely,

                                              R. B. HAYES.

  P. S.- Fanny Platt has got a boy! Good.

  S. BIRCHARD.

                            CINCINNATI, September 7, 1853.

  DEAR FANNY:--My love and kisses for mother and son. I

am, indeed, delighted to know that you again have a boy. Much









             MARRIED AND PROSPEROUS, 1852-1854          455



happiness he brings, no doubt, to all beneath your roof. I trust

he will grow up to supply the place of the loved and lost one.

How his sisters will love him! Tell me about him when you

write, how he looks, for women think they can see resemblances

very early. 

  Love to all.--Affectionately,

                                              R. B. HAYES.

  MRS. W. A. PLATT.





  September 28, 1853.- Groesbeck, in an effective jury speech

made today in defense of James Heffner, opened by laying down

the law, then took up the facts. The case in Massachusetts, Self-

ridge case, the great case of self-defense. He took the position

that a man has a right to take life to protect his own life or

to prevent "great bodily harm";--to take life when he has a

reasonable apprehension of great bodily harm.

  [The next twenty pages of the Diary, closely written, contain

an elaborate summary of the argument Hayes was preparing at

that time to present to the Ohio Supreme Court in the Nancy

Farrer case. For this see "Life of Hayes," Chapter VI.]





                             CINCINNATI, October 23, 1853.

  DEAR MOTHER:--I  was very glad [after] so long a silence

to receive the letters of yourself and Nannie. Tell Nannie that

her aunt Lu sympathizes most feelingly with her. Being too un-

well "to eat at table" is no trifling calamity. I hope that by this

time she is able to eat when, where, and as much and what she

pleases. Now that Laura is too much occupied to write letters,

Nannie must not forget us.

  We have not heard from Uncle since he went East. Shall be

looking for his marriage notice (!) in all the papers, seeing that

his intention to marry has been legally published in Dela-

ware. . .

  I am kept employed with business more than ever this fall.

Hard times certainly increases the pickings for lawyers. Fail-

ures, assignments, and attatchments are constantly occurring. No









456          RUTHERFORD BIRCHARD HAYES



failures yet among the strong houses, but the weaker brethren

and the crooked take advantage of the times to go down when

there seems to be an excuse for it. . . . .

  I shall, perhaps, come up and see you during next month, but

not certainly. Love to all.

                        Affectionately,

                                               RUTHERFORD.

  MRS. SOPHIA HAYES.





  November 6, 1853.--On Friday, the 4th, at 2 P. M., Lucy

gave birth to our first child--a son. I hoped, and had a pre-

sentiment almost, that the little one would be a boy. How I love

Lucy, the mother of my boy! Sweetheart and wife, she had been

before, loved tenderly and strongly as such, but the new feeling

is more "home-felt," quiet, substantial, and satisfying. For the

"lad" my feeling has yet to grow a great deal. I prize him and

rejoiced to have him, and when I take him in my arms begin to

feel a father's love and interest, hope and pride, enough to know

what the feeling will be if not what it is.  I think what is to be

his future, his life. How strange a mystery all this is! This

to me is the beginning of a new life. A happy one, I believe.

  The mother and child are both "resting" this quiet Sabbath

morning. She on our bed, he on the lounge, and I alone with

them, awake and musing. . . . . His grandmother Webb is

the mother, and nurse. She, Mrs. Warren, Mrs. Herron, Lavina,

the "culled pusson," Dr. Joseph T. [Webb], and Dr. Avery pre-

sided at the opening of life's drama, the drawing up of the

curtain. All very fortunate.





                            CINCINNATI, November 20, 1853.

  MY DEAR GUY:--Yours of the 10th of October did not reach

me until a few days ago. I hasten to reply and to tell you how

deeply I sympathize with you in your great affliction. I have

read the newspaper column containing news from Texas ever

since the yellow fever broke out in Galveston with anxious in-

terest, fearing that I might see the announcement of the death









             MARRIED AND PROSPEROUS, 1852-1854          457



of some one of your friends or family, but your letter contained

the first intimation I [had] received of the death of Mr. Perry and

Henry. Your father was one of the true men. His absence

from the family circle, already broken by the death of your

mother, destroys your childhood home; the home where from

earliest recollection you had "gathered up your heart" is forever

gone.

  I cannot from any experience of my own realize the desola-

tion in which this calamity leaves one of your warm, deep, and

strong affections. The loved ones of the earliest family circle

that I remember, though few in number, all remain. All meet

frequently and revive the pleasant memories of years ago and

live over again the scenes of childhood. The sorrow that touched

me  nearest--the death of my  sister's beautiful bright boy--

lingers with me still. And yet, what was that compared with

what it would have been if he had lived to manhood, retaining

all that made me love him as a child and adding to it the interest

and charm which binds us to those whom we have watched and

counselled from the promise up to the fulfilment? Yet this must

come far short of your grief when your father and your darling

brother go away together into the other world leaving you to feel

so sad and lonely in this.

  Henry was a noble boy. It does not seem so affectionate to

speak of him as a man--though a man he was in the best and

highest sense. But his career of happiness, usefulness, goodness,

such it was, and apparently was to be--and I know no higher

career--is ended before it scarce began.  And though we may

mourn, and wonder at these sad strokes, we must try to bear up

under them. Our duties to ourselves and the living must be

remembered even while our hearts are in the grave with the

departed. Dear Guy, long before this reaches you, the first sharp

pang will be over. If seeing the familiar scrawl of your old

classmate opens the fountain afresh, let me hope that the assur-

ance that your distant friend shares this sorrow with you may

take something from the bitterness of your grief. The silver

threads and the golden--how closely they are woven together

in the web of this chequered life!

  The letter which left you overwhelmed by such great grief









458          RUTHERFORD BIRCHARD HAYES



found me in the enjoyment of a new and peculiar happiness, the

happiness of a father over his first-born--that first-born a son--

and the mother safe from her peril sharing his joy. Believe me,

Guy, I did not feel the genuine touch of sympathy less keenly

than I should have done if yours had found me in my accustomed

mood, or even crushed by your kindred grief. I have written to

Uncle since I received your letter. He will be pained as if men

of his own blood had been stricken down. He often spoke of

the happiness he enjoyed with Mr. Perry, and always counted

upon visiting him again and living over the winter of 1848-9.

  My regards to all--Eliza, Stephen and his wife, [and] "Little"

Mary. She must be old enough to mourn the loss of her uncle

and grandfather. All well at Columbus. Platt has been building

a new house out beyond Mr. Kelly's, where he will have more

house-room and yard room. He has another son who I hope will

fill the place of William.

  Write to me as you find time. Believe me as ever,

                                                R. B. HAYES.

  P.S.--I have not seen George [Jones] since I received yours.

The last time I saw him a week or ten days since we talked a great

deal of you. In the hard career of business he makes no friends

like the friends of "auld lang syne."--H.

  GUY M. BRYAN,

         Texas.

                             CINCINNATI, December 25, 1853.

  A merry Christmas to you, dear Fanny!

  "Puds," this day christened Sardis Birchard [later changed to

Birchard Austin], to be called, tell the children, Cousin Birchard,

or "Birch" for short, is behaving very well in Topsy's care.

Mother Webb is at Mrs. Herron's, Mrs. Herron being quite sick,

and Lucy has gone out a moment to breathe the fresh air.

  I write only to say that we would so like to have Laura here

this week. Let her come if possible. One of us will go home

with her. . . . . 

  The new firm of Corwine, Hayes, & Rogers starts out tomor-

row. It starts with a good business, one good man to get busi-









             MARRIED AND PROSPEROUS, 1852-1854          459



ness, and two men who give promise of being able to do business,

and an excellent attorney's clerk bred in Lincoln's Inn to do the

copying and drudgery.

  Love to all.  Send us Laura.

                        Affectionately,          RUTHERFORD.

                                               RUTHERFORD.

  Four years ago today since my first day in Cincinnati! Think

of it.

  MRS. W. A. PLATT.

                                 CINCINNATI, March 5, 1854.

  DEAR UNCLE:--Lucy and her mother have gone to church.

I am staying at home to see that Birchard and his nurse get into

no trouble. The little fellow has just got over his first cold.

He stood it bravely, really fattened under it. . . . .

  John Herron and myself barely missed spending today with

you. He is to be married at Cleveland on Tuesday to Harriet

Collins, and we were near going together by way of Fremont.

I mean to come up and stay over Sunday occasionally. . . . .

  I shall not probably want any money before the latter part

of April. Besides, I have now more due to me than I shall need,

it if was not rather quick to begin dunning our clients.

                          Sincerely,

                            R. B. HAYES.

  The county bond question is in great doubt, but I am confident

that a favorable decision will be obtained in some way or other.

  S. BIRCHARD.

                               CINCINNATI, March 26, 1854.

  DEAR FANNY:--Having some leisure and business at Tiffin, I

went to Fremont on Monday. Found Uncle quite well again.

He has a very superior picture, his last, which he enjoys vastly.

  All friends well. We are expecting Laura tomorrow or day

after.

  You have heard that Jesse Stem was murdered by Indians on

the plains. How awful! So good a man, so much beloved, so

many to mourn his loss, to die so! It is awful, awful. I can't

get it out of my thoughts.









460          RUTHERFORD BIRCHARD HAYES



  We shall be very happy with Laura. If necessary for James

[D. Webb, Mrs. Hayes's brother,] to come up for her telegraph

to me. Also telegraph when she is coming. Love to all.

                        Your brother,

                                                         R.

  MRS. W. A. PLATT.

                                 CINCINNATI, April 7, 1854.

  DEAR UNCLE:--I took Lucy and Birchard to Columbus on

Tuesday. Found the boy an excellent traveller, no trouble with

him at all. Mother and Fanny decide that he has no Webb and

very little Hayes about him, all, as his name requires, Birchard.

  Laura seemed to enjoy herself greatly while here.

  I have not as yet found a house to suit. The best chance I

now see is to bid off at sheriff's sale one of two houses in the

same block with Glenn. One can be bought, I think, at four

thousand five hundred dollars but it will be all cash. They are

worth from five thousand five hundred dollars to six thousand

dollars. I can probably get the money here for thirty days or so.

How about it? I hear nothing from my two thousand dollars

coming from my mortgage, but I can make the money in three

months even if I have to sue it. The sale will be on the 8th of

May.

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.



  April 8, 1854.--Lucy and my boy are at Columbus with

mother and Fanny. Housekeeping broken up; I living com-

fortably with friend Herron. Must employ my leisure evenings

to prepare for a few difficult and important cases; gather pearls

of thought and expression, etc.





                                CINCINNATI, April 23, 1854.

  DEAR UNCLE:--. . . .  Have made no arrangements as

to buying a house. I hope to do it this summer. All real estate

is now rising rapidly notwithstanding money is so scarce. The









             MARRIED AND PROSPEROUS, 1852-1854          461



moment times are a little easy there will be a great rise. The

city was never growing as it is now.

  I forget whether I told you I had a note to pay the first of

May for three hundred dollars, which I wanted to get out of the

mill property, or not. At any rate, if it can be had, very well. If

not, I must look it up here.

  I hope you are taking things easy, or as easy as the nature of

things will permit. You will probably always be a poor man,

but then if you keep your real estate, as that sort of property

seems now to be going up, you will probably leave your heirs

well off. So try to feel comfortable and laugh away cares. The

tax law will probably not be changed so as to trouble this year.

  Regards to all. Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.

                                 COLUMBUS, May 14, 1854.

  DEAR UNCLE:--I came up on business yesterday and shall

return in the morning . . . . Shoemaker and the other

railroad men are here waiting the result of the county bond

cases. It is really doubtful how the decision will be. One of the

judges who was favorable to the bonds (Judge Thurman) is

now in doubt.

  I shall be able to raise the most of the money for paying for

and furnishing my house without troubling you, unless I am

disappointed. My Pennsylvania friend will probably pay up.

He called on me Friday and will arrange probably in a few

weeks. . . . .

                          Sincerely,

                                              R. B. HAYES.

  P.S.--About taxes.  The Auditor of State has issued blanks

requiring credits, etc., to be listed without deduction of debts.

In several counties the county auditors issue blanks allowing

such deductions. Wherever the county auditors do this, there

will be no difficulty in listing. If, however, your county auditor

follows the Auditor of State, you would perhaps do best to re-

fuse to make a return on oath and run the risk of the 50 per cent

penalty putting you above the mark. There is a good excuse for









462          RUTHERFORD BIRCHARD HAYES



doing this. For if the government is in doubt as to what the law

is, a citizen is not to blame for being unwilling to swear what

it is.

  S. BIRCHARD.

                                  COLUMBUS, June 11, 1854.

  DEAR UNCLE:--Came up last night, shall return in the morn-

ing.  .  .  .  .  You have, of course, heard that the railroad

case has been decided in favor of the bonds, so your Fremont &

Indiana road is out of the woods. No sale for Mad River stock

as yet; but all say that money is easier. . . . .

                           Yours,

                                              R. B. HAYES.

  S. BIRCHARD.

                                CINCINNATI. June 25, 1854.

  DEAR UNCLE:--Yes, I would like very much to spend the

remainder of the summer with you in Spiegel Grove, or quite as

well with you at Mr. Valette's. But I can't leave town for some

time yet. Courts close business for the summer July 15. Rogers

will then go to Minnesota for about four weeks, and then I shall

be at liberty. We have had more to do the last fortnight than

at any time since I have been in the office. The weather is warm

but I am in capital health and am enjoying myself very much,

barring the absence of wife and boy. They are both now at a

very fine place in the country and doing well. Have not yet

been up there, but [I] shall go up in a week or two. . . . .

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.





  June 18, 1854.--So long since I have written a word here.

About the first of April we broke up housekeeping on Sixth

street. Lucy and myself with Birchard went up to Colum-

bus, and Lucy and the lad have remained there since until last

Tuesday when she went with mother Webb down to Elmwood.

I have visited my treasures often at Columbus. Oh, what a









             MARRIED AND PROSPEROUS, 1852-1854          463



happiness to be with them after an absence of two or three weeks.

Birch has grown to a fine, handsome, bright little fellow. Such

mild beautiful eyes, so good a head, so sweet-tempered and all.

>From seven to eighteen pounds in weight he has grown in four

or five months. And his mother and he are dearer to me than

ever, and growing dearer every day. Health and happiness to

them this warm Sunday afternoon.

  July 8, 1854.--The first, second, third and fourth spent with

and going to and returning from my wife and boy. They are

happily and healthily housed about eight miles from Circleville

at one of Lucy's kinsfolks'. How little Birchard improves--so

fine-looking, bright, good-natured, and healthy; the dear boy!

How happy I was the few days I was with him and his mother.

Blessings upon them over and over again.       These ties, these

affections--nothing in life to equal them. Birchie eight months

old on the 4th and so handsome, plump, fat, and saucy. We say

to him, "You little rascal, how I love you!" and he jumps and

laughs as if he knew one and understood it. My dear is still thin

but I hope quite healthy.





                                 CINCINNATI, July 11, 1854.

  DEAR UNCLE:--Our courts adjourned yesterday until the mid-

dle of September. Rogers will go to St. Paul to be gone a month.

On his return I shall have a month. In the meanwhile I can go

up to Fremont to stay four or five days at any time almost, and

will go whenever you are likely to be at home.

  Would like to talk over railroad matters with you. No sale

for stocks or bonds here. Little Miami has sold below par and

Hamilton & Dayton as low as 93. Mad River is nowhere, of

course.

  Visited Lucy last week, the Fourth. Found her delightfully

situated. Birchard healthy and as happy as a bird. Lucy ditto.

All well at Columbus.

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.









464          RUTHERFORD BIRCHARD HAYES



                                 CINCINNATI, July 23, 1854.

  DEAR UNCLE:--I took the Mad River stock from H. & H. and

deposited it with my banker. When you want it I will forward it.

There will be a sale for that stock here one of these days.

  What is the prospect of your being able to raise money for me

to pay for my house in these squally times for railroad men? I

do not want to lose my bargain. I want the house, and yet, I

confess, I don't see my way very clear. James and myself have

begun proceedings to foreclose our mortgage on which I could

get some three thousand dollars or three thousand five hundred

dollars, but it will not be sold until some few weeks after the

house is to be paid for. Is there any rich old Dutchman in the

Swamp who would lend the amount needed? I must come up

and talk it over with you.

  Lucy and Birchard and the Columbus friends [are] all very

well. Rogers is gone to Minnesota and I cannot visit you to

stay more than a day or two until he returns about the 10th of

August. Then I can come up and stay until you are tired of me.

Regards to Mr. and Mrs. Valette.

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.

                                 CINCINNATI, July 23, 1854.

  DEAR LAURA:--I am very glad to find that "my niece Laura"

is still one of my correspondents. I had begun to suspect that

she found her Uncle Ruddy's letters were not very interesting

since he had become absorbed in business and his boy. Indeed, I

could not blame her for thinking so, but then you must recollect

that as my letters grow duller yours are all the time improving

so that the correspondence, taking both sides of it together, holds

its own. I wish I could give you as much that is entertaining as

I find in your letters; but I am merely a plodding lawyer now.

  There have been concerts, operas, and star actors here this

summer, but I have not cared enough about such amusements to

learn much about any of them.

  On the Saturday before the Fourth I went up to see Lucy and

your famous cousin. Birchie hasn't raised any moustachios yet,









             MARRIED AND PROSPEROUS, 1852-1854          465



and he neither smokes nor wears boots, but he is getting a head

of stiff sandy hair and is altogether quite a little man, so much

so that his cousin Scott has given up all hope of ever raising him

up into a little girl. I had a happy little visit there of a couple

of days. Some of the original forest trees are standing around

the house, and a fine grove to romp in is but a few rods off

where we roamed about picking late raspberries and early black-

berries, all the cousins following us and "Topsy" jumping and

screaming like a wild girl in a constant ecstasy over some imag-

inary snake or monster. In order to get back home for court, I

had to leave on the Fourth and got back in time to see the fire-

works in the evening. There was nothing wonderful in the stars,

rockets, and spitfires. You have seen just as good many a time.

Since the Fourth I have been at work most of the time in the

office. The hot weather is uncomfortable, but I feel very well,

better than most persons.  I can do a day's work with less

fatigue than in the winter.

  We are living with John Herron, widowers' retreat, on Long-

worth Street.  Since Rogers left for Minnesota, two of the

Stewarts, brothers of Lizzie McCoy, have taken his place and

we manage to get on pretty well. Dr. Joe [Joseph T. Webb,

Hayes's brother-in-law] takes one or two of us riding every

evening, and we swim in the Ohio several times a week, and on

Sundays write letters to our wives and friends. If they knew

I was writing to you, you would get divers kind words from

John and the doctor. You must imagine a number of appro-

priate messages from each of them.

  Tell Nannie I shall expect a letter from her one of these days.

Minnie will of course write every opportunity. How is little

Ruddy? I can see his good-natured look full of energy and

surprise as he throws up his stout little arms in glee, as plainly

as if he was before me now.

  Love to all. Write often. Good-bye.

                 Your affectionate uncle,

                                                    RUDDY.

  MISS LAURA PLATT.



   30









466          RUTHERFORD BIRCHARD HAYES



                                CINCINNATI, August 1, 1854.

  DEAR UNCLE:--. . . . I am fitting up my house in good

style. Platt and Mother both insisted that I must do all that

was needed in the way of repairs before going into it.

  Rogers is still absent, can't tell when he will be back. I have

never done so much work in the summer before and never felt

so well.

  Received yours this morning. Will visit you the middle or last

of this month ten days or so.

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.

                               CINCINNATI, August 3, 1854.

  DEAR UNCLE:--I have just been reading an account of the

shocking rate at which the cholera has raged at Perrysburg. It

frightens me more than anything I have seen. It will be most

remarkable if Fremont escapes. I hope you will be prepared to

keep clear out of the way of it, if it should break out in your

town. You are more liable to take it now than you were twenty

years ago when you nursed the sick and buried the dead in '34.

I do not think I would be in danger from it. A year or two ago.

one season, I was a little afraid of it, but this year there is, I

think no danger for me.

  Rogers is on his way home, will be here next week. I shall

then go to Pickaway for a week or so and then visit you if it

remains healthy with you.

  All well at Columbus, also in Pickaway.

                               Yours,

                                              R. B. HAYES.

  S. BIRCHARD.

                              CINCINNATI, August 19, 1854.

  DEAR FANNY:--I returned from Pickaway last night. Spent

a week there very happily with Lucy. All very well.

  I am getting on very well with my house; mean to have it

ready for Lucy in two weeks from this date. If the weather

does not happen to be very warm at that time, she will then









             MARRIED AND PROSPEROUS, 1852-1854          467



return and will pretty certainly be housekeeping in the course of

three weeks. As soon as we are homed we want a visit from

Nannie.

  I am going to Fremont on Monday (the 21st) and shall spend

about a week there; after that "home again."

  Good-bye. Love to all.

                    Yours affectionately,

                                              R. B. HAYES.

  MRS. W. A. PLATT.

                                 FREMONT, August 27, 1854.

  DEAR FANNY:--Uncle and I both got here last Monday after-

noon at the same time. Friends here well. This place is finer

than ever, more pictures, bigger trees, new furniture, etc., etc.,

and all the folks inquire after you and Laura and Lucy as part

of the family. . . . .

  Shall go home in a day or two and be ready to housekeep in a

week or two. Would like your sort of Welch girl for cook, etc.

Can one be got? Let me know at Cincinnati.

  No more at present from your loving brother,

                                                         R.

  MRS. W. A. PLATT.

                                COLUMBUS, August 31, 1854.

  DEAR UNCLE:--Staid one day in Delaware with Guy [M.

Bryan] and came with him here last night. Platt was on the

same train returning from the East. Guy and I go to Kenyon

in an hour and I return to Cincinnati tomorrow. Guy is looking

young, in fine health and spirits. You would enjoy his company

vastly. He goes to New York early next week. Will perhaps

visit you in October, but doubtful. . . . .

  Laura and Platt will visit you this fall.  If you do not go

East for two weeks, they think they can make their visit before

you go. If you go sooner they will wait till you return. Write

soon when you will go. All well.

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.









468          RUTHERFORD BIRCHARD HAYES



                             CINCINNATI, September 3, 1854.

  DEAR UNCLE:--I did steal said picture. But here are palliat-

ing circumstances. I intended to mention it and forgot it. I

wished to show Guy my wife's picture, knowing he would not see

the original. It is now at Columbus where you can get it when

you return Fanny's. I had, or Guy had, two copies of it taken.

One he kept, and the other I have.

  I returned last evening. Met Lucy, Birchie, Topsy and all on

the train from Circleville. All well. Birchie grows fat and fast.

He crowed and laughed all the way down in the hot dusty cars,

the best child on board, and after he got here was as fresh and

good-natured as if he had just risen from a day's sleep. Besides,

he is in the midst of getting four teeth. Great boy! Aunt

William Hayes sent him a little case containing a spoon, knife,

and fork, all silver, from New Haven, by Mrs. Herron.

  Our house needing two or three days' more fixing, we are

quartered pleasantly on John Herron. A Jew has offered Cor-

wine, Glenn, and Dr. Webb six thousand dollars cash in hand

for my house, and insisted that they should take the money and

telegraph me to come and make the deed! Dr. Webb offered to

take eight thousand dollars and give them [him] the key.

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.





  September 4, 1854.--Moved, or began to move, to my  new

home, my own house (if the sale is confirmed), No. 383 Sixth

Street; south side, west of Mound. A muss it is to move; all

sorts of laughing over our loads of furniture, a good deal of it

Lucy's mother's when she went to housekeeping--good, but old;

a great sending of it back and forth for cleaning, varnishing,

making as good as new; but finally all settled comfortably, pleas-

antly.

  First meal in the house, spoons, knives, and forks forgotten!

All use a little silver knife and fork presented to Birchie by his

aunt William Hayes, and an old spoon picked up by Birchie

for a plaything.









             MARRIED AND PROSPEROUS, 1852-1854          469



                           CINCINNATI, September 17, 1854.

  DEAR UNCLE:--We are not entirely through "putting to

rights" yet, but have got your room in order; so you can come

down any day. When you get to the Hamilton depot take

your carpetbag in hand, the walk is short, save your quarter, and

keep along the south side of Sixth Street till you get to No. 383,

next house east of Glenn's. My name is on the door, walk

straight in and the third-story front chamber is ready for you.

  I cannot tell whether I shall get the money or bid in the land.

Shall not know until the day of sale. This will be early in

November. Shall want to pay for the house the first week in

October. Any day before the 8th will do. Any time after one

week from this, we shall be glad to have a visit from Mr. and

Mrs. Valette. You know I shall be unable to spend much time

showing the sights, but with Lucy and the doctor, they will have

company enough.

  Lucy read your letter and broke out: "Now, I'll pay Uncle

for that!  Not one word about Birchie!"

                          Sincerely,          R. B. HAYES.

  Tell Mr. and Mrs. Valette the pleasant season here is in

October and November.

  S. BIRCHARD.

                            CINCINNATI, September 29, 1854.

  DEAR UNCLE:--Yours of the 28th duly received.  Express

the money to me, care of McMicken & Co., Bankers, 3d, Street,

Cincinnati.

  I have to pay for the house four thousand five hundred dollars.

My bills for improvements and furnishing the house will amount

to one thousand dollars more. Total five thousand five hundred

dollars. I can raise all that is required to meet this, with the

aid of your four thousand dollars and five hundred dollars that

Mother sent me, by borrowing here, but I want to borrow as

little as possible and for as short time as possible. City rates

eat up the principal too fast. . . . .

                          Good-bye,           R. B. HAYES.

  S. BIRCHARD.









470          RUTHERFORD BIRCHARD HAYES



  October 4, 1854.--My birthday, and  Birchie eleven months

old. A large fine boy, bright blue or dark gray eyes; fine, intelli-

gent, and mild as summer; sandy hair, fair complexion, a lovely

laughing face; always in motion, fond of sport, excellent dis-

position--and we love him so much. We are as happy as heart

could wish. His mother improves in all things, and is so tender

and thoughtful in all things.



                             CINCINNATI, October 13, 1854.

  DEAR UNCLE:--I received yours of the 10th yesterday. Am

very sorry to hear of your sickness. Hope you are now well

again. I do not know as it is a kindness to try to induce you to

leave your comfortable quarters with Mrs. Valette, but I think

younger company and a change will be, as the Yankee girl said,

"conducive."

  Anti-Nebraska, Know-Nothings, and general disgust with the

powers that be, have carried this county by between seven and

eight thousand majority!     How people do hate Catholics, and

what a happiness it was to thousands to have a chance to show it

in what seemed a lawful and patriotic manner. I send you as

curiosities specimens of a kind of ticket that was circulated at

our polls.  We hear that Matson is elected.  Is it possible?

Galloway beats Olds at last. I am pleased to see old organizations

blotted out. Now that our idols are all gone, Clay, Webster,

etc., I am glad to have new divisions by which men of all

opinions will be willing to join us in honoring their memories.

  Lucy and Birchie both very well, and very happy.

                          Good-bye,

                                              R. B. HAYES.

  S. BIRCHARD.



  October 15, 1854.--Last evening at supper startled by the out-

cries of our German girl, Anna. She found at the steps a band-

box with a negro infant child, naked. This she brought in.

After a deal of trouble got the little thing into the Negro

Orphans' Asylum by the help of Father Hopper of Cincinnati,

viz., Levi Coffin.









             MARRIED AND PROSPEROUS, 1852-1854          471



                             CINCINNATI, October 27, 1854.

  DEAR UNCLE:--Yours of [the] 22d just got along.  A busy

week with me, work enough but no pay, hard times and harder

coming all the moneyed men say. None of our private bankers

affected seriously by the run except those who ought to break.

Ellis & Sturgis and Smead & Co. had a little run but no damage

done. Those who stopped are either "kiters" or operators out-

side of banking.

  Sale confirmed O. K. I am not yet paying any interest on the

five hundred dollars. Shall do so after the first of November,

1 + or two per cent. Mine you know is first-class paper. Thus

far I have borrowed of cronies on the score of friendship--

nobody but Herron and Billy [Rogers], so I am contracting no

unpleasant obligations.

  Kentucky Trust Company [paper] is probably worth very little.

It would sell perhaps for forty to sixty cents. It has no market

value here. Is bought only by persons having debts to pay. Get

rid of it. There is nine hundred and forty thousand dollars in

circulation, assets doubtful.

  Break the bank! Become a bankrupt and come and live with

me like a gentleman the rest of your days. This being kept poor

and worked to death also by a little property is bad economy.

                          Sincerely,

  S. BIRCHARD.                                  R. B. HAYES.





  November 5, 1854.--Yesterday was Birchard's birthday--

one year old--a beautiful November day, cold, clear, and brac-

ing. We had Mrs. Herron, one of the "grandmas" of the birth

scene, and Rogers here at supper. Birchie behaved beautifully,

romped, laughed, crowed, and kicked until he was too tired and

sleepy to do so longer, when he went to sleep smilingly in Mrs.

Herron's arms, with all of us looking at him. He is large of his

age, very healthy, good-natured. Occasionally he shows a temper

of his own, and has a strife of will with his mother. We had

his likeness taken with his mother last week; good, but not dis-

tinct enough to show his features or expression.









472          RUTHERFORD BIRCHARD HAYES



                            CINCINNATI, November 8, 1854.

  DEAR UNCLE:--A stirring time on Third Street today.  Ellis

& Sturgis made an assignment last evening to Mr. Worthington

for the benefit of their creditors, being unable to hold out longer.

This morning it was first known to the public, and with this came

the news also that Mr. Ellis was dying. He is, in fact, in a

critical state of health, has had a stroke of apoplexy and may,

perhaps, not survive.

  Smead & Co. shut their doors about 11 o'clock. T. S. Good-

man & Co. about I o'clock P. M., and so the panic has become

quite general. We had three thousand five hundred dollars yes-

terday but have managed to pay it all out but nine hundred and

fifty dollars which is with out bankers, Geo. Milne & Co., and a

small amount [with] McMicken both of which seem safe enough.

  Ellis & Sturgis state their assets at about one million four

hundred thousand dollars and liabilities at one million dollars,

balance on the right side four hundred thousand dollars. But

I suspect that the issue will show much worse than this. I send

you Smead's handbill.

  All well.--Good-bye,

                                              R. B. HAYES.

  P.S.--A little seventy-five dollar draft sent by you to Stem

B[aker], & Co. was sent to Goodman's about an hour before he

closed. Whether it was paid is more than I know.--H.





                            CINCINNATI, November 10, 1854.

  DEAR UNCLE:--I just read your letter of the 7th. You don't

know how it troubles me. All the private bankers here who kept

any considerable deposits have been forced to close up. I still

think you will go through without a suspension. But if you

cannot, do not take it to heart. It is no very serious matter.

I would try to arrange it so that the poorer class of people,

widows, etc., will not be distressed for want of their means. I

am chiefly troubled on account of your feelings. Can you bear

it so as not to injure your health? I think you can. Do be as









             MARRIED AND PROSPEROUS, 1852-1854          473



philosophical as possible. The times are going to keep tight

until after taxpaying is all over and money begins to come back.

  Good-bye at present.

                                              R. B. HAYES.

  P.S.--Mr. Finch of Delaware has troubles greater than any

pecuniary difficulty. His oldest son, Mother writes me, has been

detected stealing and had to fly the country.

  Write often, very often. Be of good cheer, your star is a

lucky one.

  S. BIRCHARD.

                            CINCINNATI, November 12, 1854.

  DEAR UNCLE:--How are your nerves this rainy Sunday?  By

your letter of 9th, I am glad to see you are in good spirits

and feel safe. Here the panic is over and bankers have seen the

worst of it. Smead is receiving his depositors' checks in pay-

ment of notes discounted, and merchants and others take checks

on that house at par. They are likely to resume business soon,

it is thought. My friends, McMicken & Co. closed in the midst

of the scare. I had about sixty dollars with them, the doctor

and James each about as much more. Lucy had deposited one

hundred and sixty-nine dollars for a friend in Chillicothe and

says she feels as mean about it as if she had done something

wrong. She says, "Tell Uncle Birchard to sell my picture!"

Nothing is talked of but the hard times.  Shall be glad to see

you all whenever you can come. . . . .

                          Good-bye,

                                              R. B. HAYES.

  It is thought that all banks will suspend specie payments. I

should think depositors would prefer to leave money with you

to risking keeping it themselves.

  S. BIRCHARD.

                           CINCINNATI, November 17, 1854.

  DEAR UNCLE:--Yours of the 14th and also of the 15th re-

ceived. Very glad you are swimming along so well. I am glad

also that you let me know your feelings. I might be able in an









474          RUTHERFORD BIRCHARD HAYES



emergency to send you aid. I am assignee of McMicken & Co.,

my old bankers. They have been ruined by paying interest

on their deposits--8 and 10 per cent sometimes. Their liabilities

are near eighty thousand dollars, assets about fifty thousand

dollars. Shall probably not get in any amount in these times.

If I should, I would certainly let you have it on deposit if you

needed it. . . . .

                          Sincerely,           R. B. HAYES.

  S. BIRCHARD.

                           CINCINNATI, November 19, 1854.

  DEAR UNCLE:--. . . .  Nothing new in money matters.

You are no doubt safe enough. You had better keep your money

in, ready for squalls. Why not gradually get out of the business?

It seems to be settled here now that no banker can afford to pay

interest on deposits.  Don't do it! . . . .

                          Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.

                            CINCINNATI, November 23, 1854.

                                       Thursday evening.

  DEAR UNCLE: . . . .  My health is excellent, my work is

accompanied with a great deal of outdoor exercise. I walk six

or eight miles every day. . . . .  I have not your letters with

me, and don't remember whether you made particular inquiries

or not. I am as glad as you can be that you are going to get

along with your bank. I hope you will get out of the business

soon. It is time you were a man of leisure. You never can get

a person who will have prudence and capacity enough to allow

you to leave the business to him.

                   Good-bye.--Sincerely,

                                              R. B. HAYES.

  S. BIRCHARD.



  December--, 1854.-Began on the 7th the trial of Nancy Far-

rer before a jury in the Probate Court on the question of her

sanity. Trial occupied two days. [I] had several obstacles to









             MARRIED AND PROSPEROUS, 1852-1854          475



encounter, but on the morning of the 9th, at 10 A. M., the jury

returned a verdict in favor of my theory. She will now go to a

lunatic asylum, and so my first case involving life is ended suc-

cessfully. It has been a pet case with me, has caused me much

anxiety, given me some prominence in my profession, and indeed

was the first case which brought me practice in the city. It has

turned out fortunately for me, very, and I am greatly gratified

that it is so. I argued the case in December, 1853, before the

Supreme Court at Columbus, made a successful argument; the

judgment of the court below was reversed in an opinion fully

sustaining my leading positions. The case is reported in Second

Ohio State Reports,--"Farrer v. State."

  December 25, 1854.--"A Merry Christmas." Five years ago

today, having arrived late in the evening before, I awoke to my

first day's residence in Cincinnati. I cannot but look back to

that time with a feeling of gratification, not to say pride. I told

Uncle before I came (my coming was not agreeable to him, al-

though he did not oppose it) that in five years I believed that he

and every other friend I had would be glad that I had gone to

Cincinnati. It is enough to fill me with pleasant feeling, that

I am sure that my hope has been realized.



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