Benjamnin F. Butler, Butler's Book: Autobiography and Personal Reminiscences of Major-General Benjamin Butler

[1001] matter was settled. The aldermen who had determined to obstruct the annexation proceedings applied to me and Mr. Griffin and declared that if they could escape the penalties of the law they would not certify the vote if that would do any good. We examined the question carefully and gave an opinion that under the statute, annexation could not take place until the popular vote in favor of it was duly certified to the Secretary of State by a majority of the mayor and aldermen of the city of Charlestown. And if a majority of that board would not certify it, they might be compelled to do so upon a petition of the attorney-general to the Supreme Court for a mandamus. The aldermen exhorted us to do everything we could to prevent annexation. We thereupon notified the attorney-general that my clients peremptorily refused to certify to the vote on the ground that the act requiring them to do it was unconstitutional and void, and not within the legislative power.

The leader of the other side in Charlestown moved upon the attorney-general for a petition for mandamus to be brought. All the facts were agreed, and the questions arose as they would under bill and answer in equity. The case was argued before five justices, at the head of whom was the most learned and the ablest judge of this State, Lemuel Shaw, Esq.

I was no favorite of his in my earlier days. He was a man of somewhat forbidding exterior and manners, but of the finest qualities of head and heart. Liking or disliking a man did not interfere with his doing him full justice on the bench. He had a brusque sort of humor which all who knew him enjoyed very much.

On one occasion there had been sent me a lot of very fine black otter skins by a member of the Hudson Bay Company. These I had made into a very nice coat, which in the inclement weather covered me from the cold and wet. One morning I went into the consultation room of the Supreme Court to meet Judge Shaw on a mere formal matter like signing an order. He greeted me very pleasantly and kindly. We sat a moment after what the judge had to do was done, and he admired my coat exceedingly, looking it over and praising it highly. At last looking up with a quizzical smile he said: “How is it, Mr. Butler? what are those lines in Pope? Aren't they something like this:--

The fur that warmed a monarch warms a bear.

”