The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-11-19

dren. son and daughter, the son. Chester Al :
Ian, now twenty-five years Of age and the
daughter, Nellie, now sixteen years of age.
Mr.. Gardiner died in 1865. In 1871 General
AMhur entered into new partnership. the firm
name being Arthur, PHELPS 81 Knevais. The
late District Attorney BENJAMIN Il. Phelps was
a member of the firm.
The law career of Mr. Arthur included some
notable cases. One of his first cases was the
celebrated Lennon suit. In 1852 Jonathan and
Juliet LENNON Virginia shareholders. intend
ing TO emigrate to Texas came to New York to
await the sailing OF a steamer bringing eight
slaves with them. A writ of habeas corpus was
obtained from Judge Paine tn test the question
whether the provisions of the fugitive slave law
were in force in that State. Judge Paine rem
dered decision holding that they were not, and
ordering the Lennon slaves TO be liberated.
Henry L. Gin ton was one of the counsel for the
ve-holders. A howl of rage went up from the
South. and the Virginia Legislature authorized
the Attorney general of that State to assist in
taking appeal William NJ. Evarts and Ches-
ter A. Arthur were employed to represent the
people, and they won their case. which then
went to the Supreme Court OF the United States.
Charles OConor here espoused the cause OF
the shareholders, but h. toe. was beaten by
Messrs. Evarts and Arthur, and a long step was
taken toward the emancipation of the black race.
Following this came the street-car discourtesies,
which Mr. Arthur put stop to in a legal and
defnitve way. On the Sixth avenue and one or
two other lines conveyances labeled "Colored
persons allowed in this car were run at long in
tervals, but on the Fourth avenue and other
East-side lines not even this provision was made.
Under these circumstances Lizzie Jennings. a
respectable colored woman neatly dressed,
cleSnly and of good appearance, the superin-
tendent of colored Sunday school. hailed
Fourth-avenue car and succeeded in obtaining a
seat in It. The conductor took her fare, thereby
tacitly admitting her right to be passenger,
but hardly had he done so when a drunken
white rufian, who was seated in the car, de-
manded Are you going to let that - niger
ride in this cart"
said the conductor
Eyes, but it will, replied the other; II have
paid my fare and want decent ride, and / tell
you you've got to put her out"
Thus appealed TO. the conductor went to the
colored woman and asked her TO leave the car.
She refused to do So The car was stopped. The
conductor attempted to eject her by force. She
resisted bravely. crying all the time. II have
paid my fare. and am entitled to ride"
Her dress was almost torn from her back
Strong men stood by but gave her no ASSISTANCE.
Still she fought bravely for what she believed to
be her right. The conductor could not eject
her, and was compelled to call for the aid of the
police. By their efforts the woman was dragged
from the car
The matter coming to the notice of number
OF influential colored people, they desired to
make it a test case and applied to Mr.. Arthur
for advice He at once espoused their cause
and took their case before Justice Rockwell, in
Brooklyn. When the trial came on the court
room was crowded almost to suffoeation, and at
oae time serious trouble was threatened by
those who believed that to seek justice for one
of the black race was to do injustice to hui
mainly.
Even the Judge seemed to share this opinion.
for when the attorney handed him the papers in
the case he threw them upon the desk, with the
exclamation:
"Pshaw Do you ask me to try case against
corporation for the tort tthe wrongful actl of
its agent2'
In reply to this Mr. Arthur plainly pointed
out portion of the Revised Statutes under
which there was an undoubted RIGHT of action.
After examining it the court concurred cordially
with the counsel, the case was tried, and. much
to the delight of the colored people, verdict of
$500 was rendered in favor of the plaintiff The
railroad company paid the judgment without
further contest, and at once issued orders that
thereafter colored people be allowed to ride upon
its cars. Similar action was soon after taken by
all the city railroad companies. At this there
was great rejoicing among all the negroes ia
New York, the Colored Peoples Legal Rights
Association established and for many
years afterward. with much ceremony celebrat-
ed the anniversary of the trial which resulted as
described
Mr.. Arthur always took an interest in politics
and the political surroundings of his day. His
political life began at the age of fourteen, as a
champion &c the Wing party. He shared, too,
in the turbulence of political life at that neriod.
and it is related or him during the Polk Clay
canvass that. while he and some of his compan-
ions were raising an ash pole in honor of Henry
Clay, some Democratic boys attacked the party
Of Wings, and young Arthur who was the recog'
nized leader of the party, ordered a charge. and.
taking the front rank himself, drove the young
Democrats from the field with broken heads and
subdued spirits. He was delegate to the Sara
toga convention that founded the Republican
in avv VOrlx SfaYa Ia yva in
local politics and he gradually became one of the
leaders. He nominated and by his efforts
elected Mr.. Thomas Murphy State Senator.
When the latter resigned the collectOrship of the
port in November 1871 General Arthur was
nominated by President Grant to the vacancy.
The nomination came to him as great sur
prise. The post was offered to ex-Congress-
man John A. Griswold, of Troy, and. on his
declining, to William Orion. who also declined.
They both joined in recommending General Ar
thur. He was appointed Nov. 20. Upon the ex
piration of his four years term he had so &C
ceptably filled the post that he was reappolnted
and unanimously confirmed by the Senate with
out the usual reference to a committees COM
piiment usually reserved for ex Senators. He
was removed by President Hayes on July IL.
1873 despite the fact that two special commit
tees made searching Investigations into his ad
ministration, and both reported themselves un-
able to find anything upon which to base charge
against him. In their pronuneiamentos an
Secretary Sherman bore official witness to the
purity of his acts while in Office. A petition for
his retention was signed by every judge of every
court in the city, by all the prominent members
OF the bar, and by nearly every important mer-
chant in the collection district, but this General
Arthur himself suppressed. After contest
General Merritts nomination was confirmed
and General Arthur returned to the practice of
the law
Arthur and Cornell having both been removed
from Office by President Hayes. the Republican
State convention nominated Cornell for Gov
ernor, and placed Arthur at the head of the
State central committee, with expectancy to a
seat in the United States Senate when the term
of Herman (Democrat) should expire. But that
did not occur, and 10 1880, after the nomination
of General Garfield for President, General Ar
thur was named for Vice-president This NOM
ination was an entire surprise. He had not been
mentioned as candidate, and his own delega-
ton had not thought of presenting his name un-
til the roll was called in the convention When
New York was reached in the CALL her delega-