History of political parties in the State of New-York
John Stilwell Jenkins
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THE NEW YORK
PUBLIC USRARY
TILDEN l^oUtiL KTIOH
HISTORY
POLITICAL PAllTIES
XX TMM
STATE OF NEW-YORK,
WtLOm THE ACKNOWLEDGMENT OF THE INDEPENDENCE OF THE UNITED •TATB8 TO TBI CI.09B OP THS PUStDBirriAL SUOTIOM
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ADAPTED
90 TBS 008 OP C0U.BOSS, ACA0SMIK8, XHD COMMON •CHOOkS.
May I9)i:
AUBURN, N. Y. : ' ' ' ' PUBLISHED BY ALUEN MARKid4LM^ - ' . .
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Entered according to Act of Congress, in the ^ear eighteen hundred
and forty-six,
BY ALDEN 4k, MARKHAM,
ia theCleik'fl Office of the Dirtrict Court of the United Stotes for the
Nortfaen Dittriet of New-Tofk.
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TO THE
HON. JABEZ D. HAMMOND,
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IS RESPECTFULLY DEDICATED,
THOUGH NOT UVAFPliOPRIATB AOKSOWJUJBDOHKNT»
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VALUABLE INFORMATION, AMD KIND ADVICE,
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MATERIALLY CONT&lBUTjED TO DIMINISH THE LABOR OF ITS PREPARATION.
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I
PEEFACE.
In a Democratic form of GoTenuDent, where the people are tfaeaiflelres the Mvcmgn nilfli^ nat- urally to be expected, that a Jeep and pt rva<iu)g io- terestin the moyementa of fltatemep and Poitttrianai will be at all times fnanifpirtpri The f haram*r and conduct of dioae individoais who aie honond with the paUk confideace, are aolgecta in idatkm to wfakb there always exists a desire to be eaii|^lei>ed. The nature of our Inathntkma k such, that ewtry wmm becomes, to a ceitam extent, a politician ; and no one can be exalted ao high, aa nol to feel the jx pular scrutiny, or yield totfae popular wilL UmSoi theaa reasons, that the History of Poiiucal Pan^ U^iu^UiLh ao full of inyortance Id the intriliggqt and ii iiii iiin voter.
The Politieal Hislonr of Mr. Hanamid has ae-
ceived, as it justly meriled, a iMtgB dmn 4d poUae
favor. While it is iiiialuabk lo tli<b i^roie^s^nai
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Tl PREFACE.
Politician, its size mUortunateiy prevents its geueral circulation among the great mass of the people. The following pages have been written^ with a view of remedying this difficulty, and of placing within the reach of every elector, a compendium of thoee lessons of practical statesmanship, and those political organ- izaiions and chauges, whicli have luarked the bril- liant and prosperous career of our noble State.
It has been the anxious desire of the Autiior, to preserve the most rigid impartiality in the prepara- tion of this work, aud to render ' equal and exact jus- tice ' to all classes of his fellow citizens. If he has &iled in doing this, he trusts it may be attributed, rather to his inability to overcome that prejudice which has been termed * the besetting siu ' of the par- tizan, than to any other, or more censurable motive. It was long since laid down, as an unvarying max- im, that ^ the logic of a politician, like the anvil of the blacksmith, leans all upon the one side ' ; and the Writer of these pages will not claim, at this day, to be entirely exempt from the failings which are incident to Inortality.
. It is not improbable that the frequent references which the Author has found it necessary to make, to the work of Mr. Hammond, and tlite other Ixwks which he has consulted, have been followed by an unintentional i»inuiarity in the ideas attempted to be
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mrACB. VII
couveyed, or in the forms of expuMOD which bmve been employed ; neither is it at all unlikely, tliat errors have been overlooked, which the reader may readily detect Such as it is, howerer, this book is submitted to a geoenms sjmI discriminatiug piiblic, who will best undeistaod how to eiciise its troper- fections, and to profit by efcif llung osefhl iliai may be found in its pages.
POLITICAL PAllTIES
ur
THE STATE OE NEAV-iOllX.
CHAPTER I.
1783 — ArknowlodL'nfMit tbo Inflepen(icnre of tho UnitH States, and Treaty of* Peace u iti: dn at Britaiji — Meeting of (Joinni;.si>ion- ers at AuuapoHs — Uecouuuendation i»f a National Cunveittiun by Confess — Controversy in relation to the Grant of the Import Duties at the port of New- York to the General GoTernmenl^ Refusal of Gov. Clinton to Convene an Extra Session of the Le- gislature — Alexander Hamilton, John Jay, Robert R. Livingston^ Philip Schuyler, George Clintt)n, Hr h ri Yntt s, John Lansinfj, Molanctbon Smith, Samuel Jones — i iie t'tijuluct of the GtA emor reviewed ia the New-York Le^jjislature, and his course aj>pruved by a laige majority — Messrs. Yates, Lani>iiig, and Hamilton, ap-
Sointed Delegates to the National Convention — ^Projects of tn# ifferent Parties in the Convention — Withdrawal of Messrs. Yatet and Lansin'? — Adoption of the Federal Constitution— The Pro- ject of a State Convnntion discussed at the siih^'MMient 5?ossion of the Lciiislature — Tlie ( 'otsvention called, and a mujoiily of Anti- Federalists elected as Dcleidates — Debate in the Convention tei nii- nated by the intelligence from New-Hampshire, and the Consti- tution Ratified hy the united vote of the Federalists, and a portion of Gov. Clinton's friends — ^Adjournment of the State Convention —1788.
The existence of political parties, as we now uu- •derstaiid the termy was almost entirely uoknown in the United States, previous to the adoption of the Federal Constitution. At the commencement of the Revolutionary struggle for independence, there were, it is true, a few families in each of the States, who,
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18 POLITICAL FAKTIES
V either from motives of interest, or of sincere attach-
ment to the British Government, were disposed to array themselves in opposition to tlic revolted Colo- nists, The outburst of pubUc enthusiasm whicli greeted the promulgation of the Declaration of Inde- pendence, soon compelled tlicm, however, openly to take sides with the motlier country ; and, as the great mass of the people were united, heart and hand, in the determination to resist the arbitroiy enactments of the British Parliament, those who supported the claims of England, and who were generally designa- ted as "Tories," were regarded and treated, on all sides, as alien enemies, rather than citizens of this country* The one great idea — that of securing^ the }irivileores and blessings of Freedom — prominent in the minds of men, and the pervading sentiment of admiration for the character and services of the leader of the Amer- ican armies, prevented, in a great degree, the fritter- ing away the strength and resources of the embryo Republic, in the vain and unworthy contests of mere partizanship. Throughout this long and eventful period in the history of the couiitiy, there was but one party deserving the name — the party of Wash- ington and of Freedom !
The acknowleugtnent of our independence by Great Britain, and the ratification of the treaty of peace of 1783, at once led to the formation of schemes, and the organization of factions, having in view the ag- grandizement of particular individuals, and particu* lar sections of the country ; but a few years' experi- ence after the peace, convmced intelligent and reflect- ing men, that the Articles of Confederation, adopted m
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IN NEW-YORK. 10
1777} were wholly incompetent to preserve the integ- rity of the Union, and regulate the cofnmerRe of the
nation, and its liUeicourse with foreign gqvernments ; and that a new plan of goTernment, or oonstitutioni
oiio-ht to be devised and adopted, under which some power should be created to act upon the citizens of each State. Various opinions and theories of gov- ernment were rife in the woi ld. Political economists seemed to spring up in the western wilderness, like Jonah's gourd, in a ni^ht The natural result was, the division of the statesmen and politicians of the country into separate organizations ; and from this period in iv we date the rise and progress of political parties in this State and nation.
In pursuance of a recommendation of commission- ers from several States, amon^^ whom was General Alexander Hamilton) who had met at Annapolis^ in Maryland, in September, 1786, "to take into eonstd- eratioii the trade and commerce of the United iStates, and to consider how far a uniform system in their commercial intercourse and regulations might be ne- cessary to the common interest and peimanent hap- piness'' of all the States, the National Congress, in February, 1787, resolved that it was expedient that a convention of delegates, to be appointed by the several States, should be held at Philadelphia on the second Monday in May, tlien next, " for the sole and express purpose ot revising the Articles of Confedera- tion, and reporting to Congress and the several Le- gislatures such alterations and provisions therein as should, when agreed to in Congress, and confirmed by the States, under the Federal Constitution, be ad-
I
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90 POLITICAL PASTIBB
e<[iKitc to the exigencies of Government, and the pre- servation of the Union." The views and opinions o£ the politicians of the State of New^-York upon the questions connected vvitli tliis recommendation, were developed in the debates and proceedings of the Lie- gislatare, conrened in the city of New- York in the winter of 1787 ; but as the collection of import du- ties at the port of New-York contributed largely to the first organization of dilfeieiit })i)litical parties in this Stat^ it will be well to revert briedy to the pre- vious action of the Legislature upon this subject.
In 1781, an act was passed by the L^islature of New-York, in accordance with the recommendation of Congress, which granted to the United States the import duties at the port of New- York, to be levied and collected ^< under such penalties and regulations,
and by sucli olFicers, as Concfrcss should from tune to time make, order, and appoint.^' la March, 1783, this act was repealed, and a new act passed, granting the duties to the United States, but directing tiieir col- lection by officers who should be appointed by the State ; which was subsequently amended, so as to ren- der the collectors amenable to, and removable by, the authorities of the United States. At the close of the session of tfie Lcgii>laUjre in 1 78G, a law was enacted grauting the revenue to Congress, but reserving to the State *^ the sole power of levying and collecting the duties." This law was treated by Congress as a nuUity, and they thereupon passed a resolution re- questing Grovernor Clinton to convene the Legisla- ture, for the purpose oi submitting this subjeat again to i^ consideration.^' The Governor replied to this
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SI
application by letter, atatiog that it would afiNrd him pleasure to comply with the teqnest, ^biit that he
had not the ])o\ver to convene tiie Legislatuxe before the time fixed by law for their stated meeting, except upon extraordinary occasions'' ; and as the present business had already been particularly laid before them, and so recently as at their last session reeeiTed their determination, it cannot come Wilhin that de- scription." AmoDg the umm active friends of the unrestricted grant of the duties to the United States, was Alexander Hamilton, subsequently the leader ut the Federal party in this State, and the principal au- thor and champion of the Federal (\>n9titution. With han were associated John Jay, one oi liie hrnt and foremost advocates of the cause of independ- ence, ail I a man of qreat lesral learning, and unbleiij- ished purity of character; Robert It Livingston, a gentleman of fine addieas, the head of a powerful and influential taniiiy. and ihe highest judicial ofliccT in the State \ General Schuyler, ot Albany, the fatlier- in-law of Hamilton ; the YanRensadaer &mily ; and many others, euuuent for their talents and standing in the community.
In the I ron I r<i: .k oi the opposition was Georcre Clinton, wiio had probably a i^ronger hold on tiie affections of the r>« r)plc than any other eitiaes of the State. His father was an ernicrnuit froui kclaiid, ai^d settled at an eariy period in Lattie Britain, Onmge county. He was much respected for his fiatriolism and private virtues ; at one tiinc ofiiciati-d as a oouiHy judge ; and was a colonel in the Britbh army which invaded Canada during the iVcnch war. Georj^re
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POLITICAL PARTIES
was the youngest son, and was bred a lawyer. Soon after the completion of his studieS| he was appointed clerk of the county of Ulster, by Sir Henry Clinton, the Colonial Governor, to whom the Clinron family are said to have been distantly related. Notwith- standing this connection with one of llie principal officers of the Crown, he was one of tlie earliest friends of the American cause. He possessed a clear and logical mind; and great decision of character, mid was thoroughly indoctrinated in the principles of the republican schooL Without any of the adventitious aids of wealth and family connections, but solely ow- ins^ to his talents and private virtues, he became one of the most conspicuous patriots of the day, and was almost unanimously elected tiie iirst Governor of the State of New-York- At the time when the contro- versy in relation to the adoption of the Federal Con- stitution arose, Governor Clinton had been repeatedly elected to the first office in the State, with singular unanimity. Among the most prominent of his friends and supporters, were Robert Yates, afterwards Chief Justice of the Supreme Court, John I,ansinor, a dele- gate from this State in the Convention that formed the Constitution, and subsequently Chief Justice and Chancellor, and Mr. Melancthon Smith.
The position occupied by Gov. Clinton and his friends, in opposing the surrender of the revenue ac- cruing at the port of New- York, which already gave promise of its future value and importance, was, that the State, as an independent soveroii^nty, associated with the other colonies only for the purpose of mu- tual assistance and protection, ought not to give up
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"Chis isource of wealth to the natioa at laj^ ; aad ' jn fact, had become the settled pel icy of the State. In his speech to the Legislature, at the opening of the .sesaioii of 1787, the Goiremor gave a statemetit of the Application which Congress had made to him to call an extra meeting, as ])efore stated, and of the reasons .which had impelled him to refuse a compliance with the request. \J[hjii this body devolved the duty ot' •deciding, whether this State would send delegates to *the National Convention, and of selecting and appoint- ing the delegates, lu case of an ailirumtive decision. The importance of the questions to be brought before the State Legislature, induced the friends of a national government to put Gen. ilanuiton m nonuuuiion for the office of member from the city of Mew- York. The visrorous exertions of the merchants of that city, 4md of his pohtical friends, secured bis election. Gen. •Schuyler was at that time a member of the Senate ; and around tiiO'- two gentienien, the u])»|M>neals of the Governor, in each hoosey rallied. Mr. Hamilton had Aeen placed at the head of the committee to draw op .an answer to the Hxecutive speech, and reported one which was silent in lespeet to the lefitsal of the Gov- ernor to call ; Le:;islature. The .friends of the Governor, the kading man among whom was Samoel Jones, a Icnmed and able lawyer, afu rwards Comptroller, itnd the tathcr of tiic late Chancellor JoaeS| oflimd an amcodmeat lo the an- swer, a^qvovinf of the eoDdad of Gomtnor ClinUm. The debate on liit; 4|ut::stioQ of mkifUag the amend- ment was condocled with gmt ablay, md wmt ^perity, on both sidea. The mo^iC jcoc^^^^t ^pgakexs
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34 POLITICAL PAETIB8
were Mr. Hamilton and Mr. Jones. The trae pomt
in controversy was, wheiher there was an " extraor- dinary occasion" for eonveninf an extra eeaeion of
the Leofislature, within the meanins!' of the Constitu- tion ; but during the progress of the discussion which ensued, the claims of the Confederation on this State, and its reciprocal relations to the Confederacy, were ex- amined and considered. On the question being taken, the amendment was adopted by a vote of thirty-six to nine, showhig concUisiveiy that the Anti-l^'ederalists held a powerful preponderance in the popular branch of the Legislature. In the Senate, also, a large ma- jority concurred with the Governor, The Legislature decided in favor of sending delegates to the National Convention, and appointed Mr. Yates, Mr. Lansing, and Gen. Hamilton, such delegates. The two gentle- men first named, were selected as the representatives of the majority, who were opposed to any material alteration in the Articles of Confederation, and to the formation of a new government ; while Gen. Hamil- ton was appointed) in a liberal spirit of concession, as being the ablest and most eloquent partizan in the ranks of the opposition.
The National Convention assembled at Philadel<* phia, at the time appointed by Cono;ress. The dele- gates in attendance were found to be divided into three classes. One portion of them desired to confine the Convention to an enlargement of the powers of the Confederation. The delegates from New-York were restricted to this object, by the terms of the reso- lution under which they were appointed. For this reason, Messrs. Yates and Lansitig withdxew from
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Ilf 1IEW-T0U.
the OcmTeiiCion, after a mviority of the members had determined to abolisk the Coultderacy, and adopt a myr form of goremment. Mr. HamilUHi, howwer,
elected to remain, on his own responsibility. Tlie delegates fix>m New- Jersey and Delawurey aad the celebrated Lather Martin, of Maryland, entertained similar views with the majority of the New-York delegation. The plan of amendment to the Anksles of Confederation which these gentlemen proposed, was, the creation of an Rxecutive departmeut, to con« eist of one or more persons, who were to possess the power of appointing certain officers, and dirpctingf military operations, and of a court of admiralty ; and a declaration that the constitutional acts of Congress, and all treaties, shonKl ix the su{)renie law of the States. They further proposed, that the Federal Execottve should be authorized to call forth the powers of the confederated States, to comptjl obedience and observ- ance of such acts and treaties. The party in the Convention headed by Gen. Hamihon, went to the extreme on tiie other hand, and avowed it lo be their desire to create a strong goveniment, purely nstkiiMiL Anions: other features of Mr. ILiMnlton's plan, wrre the following: the election of members of the House of Representatives, to serve for three years ; the divi- sion of the States into districts, for the purp<»se of choosing electors to elect the Senators, and eleclors who were to elect Presidential Electors ; that the Senators and the President shouid hold their offices during good behavior ; that the laws of the SMem^ contrary to the Constitution imd the laws of the United States, should be utterly void ; and that the Gov-
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4P POUTJCAL FA&TIS8
IP
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ernors of the sereral States should be appointed by the President and Senate, and have an unqualihed veto on ftU laws attempted to be passed by the State Legislar
tures. The project of a judiciary cstabli^luiient in- ^odjiced by Mr. Uanuiton, was, in substancei Unaiiy adopted ; and his ideas in relation to the. powers of I ihe Executive, in making treaties, iu tlie use of the
I TOto, and the appointment of officers, were, to a
I greater or less extent, incorporated into the new Con-
'] ^titution. ^ Between the two ultra classes in the Convention,
a third party was formed, at the head of u hich was James Madison, of Virginia. The sclienie of govern- ment proposed by Mr. Madison, was sketched in a series of resolutions drawn by him, and presented by Mr. Randolph. This was called The Virginia plan," and proposed the formation of a government, partly national and partly federal: the people of the Union were to be represented in one branch of the Leo-islature, and the States in the other; wliile the iiational Executive was to be created, partly by the people, and partly by the States. A sufficient number of the ultras on eitlier side having yielded to this middle course, the Constitution, as it now stands, ex-» elusive of the subsequent amendments, was adopted by a majority of the Convention, and recommended the States.
The recommendation of the jNaiiuiial Convention {produced little eiiect on the Anti-Federalists in this State. They regarded the new form of govern- Jnent, as a measure calculated to deprive the State <i£ the commanding influence and power which it
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HI If£W*TOU.
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would mtonilly bare exerted, from its eompamtiTe
size and population, and reduce it to a level with the smallest State in the Union ; and its adoption was, therefore, opposciL for the same reasons which influ- enced them in refusing to surrender the reveimo duties to the United States. The principal ground of oppoi>itiou, liowever, was, tliat the proposed Consti- tution entirely departed from the principlee of a Con^ federacy, and constitnted a consolidated National Goveruinent vested with extensive powers, opcratuig not upon the States, but upon individuals ; that it di- vested the >^t;itcs of their sovereii^nity ; that itclothed the President with too much power and patronage i and that the people themselves were not sufficiently protected by a bill of rights, (jiov. Clinton and his friends adhered strictly to the terms of th^ resolution for the appointment of delesrates from this State, and contended that the Convention wa.s limited to tiie business of amending the Articles of Confederation, and had no power to create a new Constitution. In his speech to the Legislature convened in 1788| al- though the Constitution had been long before that time reported and published, the Governor studiously avoided all allusion to the subject. On the 17th of January, the matter was brought before the Legisla- ture, by Mr^ Egbert Benson, who oifered a resolution providing for calling a Convention of delegates to be elected by the people, in accordance wiih the re- commendation of Congress, to take into consideration the propriety of adopting the Federal Constitutimu Mr. Schoonmaker, a member from Ulster, thereupon proposed a preamble to the resolution, setting forth
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POLITICAL rAKTl£S
the ground of objection on the pari of the AQti-Fede- ndistSy to the action of the National OoQYeation. The adoption of this preamble was supported by Mr. Jones^ but the resolution iinaily passed both brandies of the Legislature.
The election of delegates to the State Convention took place in the spring of 1788, and appears to have turned solely on the consideration, whether the can* didates were lor or against the adoption of the Con- stitution. The peo^e of the northern and middle
conn lies were generally against, and those of the southern counties in favor of the measure. Kany able dissertations, both for and against the new plan of government, were published at this time, and the numbers of the Federalist, written by Hamilton, Jay, and Madison, were extensively circulated and read.
In the city of New- York, John Jay, Alexander
Hamilton, Chancellor Liviiigston, Richard Morris, then Chief Justice, and James Duane, Mayor of the city, were elected as delegates. Mr. Jay, who ran considerably in advance of his ticket, received two thousand seven hundred and thirty-five votes, out of two thousand ei:;ht hundred and thirtv-lhree, the whole number cast. In the county of Albany, where the new Constitution had been publicly burn- ed, Abiahaui Ten Broeck, Jacob Cuyler, Francis NicoU, J. Bloodgood, Peter Gansevoort, John Lan- sing, Jr., Robert Tates, Henry Outbout, Peter Vroo- man, T. A. Ten Eyck, and Derick Swart, the Anti-Federal candidates, were elected. Besides the distinguished men chosen from the cities of Kew-
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York and Albany, Gov. Clinton was elected from the county of Ulsier, Gen. Jameft Ciiatoni lather of DewiU Clinton, firom the county of Orange, li^ lancthon Smith from the county of Dutclicss, and other emineut citizeos, from the counties oa the North Biver. The result throughout the State was, that New- York, Westchester, iiuigs, and Bichmoad, elect- ed Federalists ; the counties of Albiuiy, Montgomery, Washington, Columbia, Dutchess, Ulster, and Orano^e, Anti-Federalists ; and tlx dulegates from iSutiblk and dneens were divided. The whole number of dele- gates was sixty-sdven.
The State Convention was orgauiased on the 17th of June, 1788, by the appointment of George Clinton as President. Chancellor Liviiigstuii opened the de- bate, in an eloquent address to the Convention, in which he pointed out the necessity of the Union to this State, the radical defects of the existing Confed- eration, and the magnitude and importance of the questions then to be considered. The discussion of the various clauses of the Constitution occupied three weeks, during which time several important amend- ments, in addition to those which had been proposed by the Convention of Massachusetts, were adopted. On the 11th of July, Mr. Jay moved " that the Con- stitution be ratified, and that whatever amendments might be deemed expedient, should be recommended^* This motion encountered the vigorous opposition of the Anti-Federalists, who had been elected with the imderstanding, that unless the proposed Constitution should be materially altered, they would vote for its iiqeolion; and no doubt they ainoeiely believed it
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80 FOLITXOAL VAvma
would be unsafe to adopt it without such alteration. They therefore proposed to amend Mr. Jay's resolu- tion, 80 that it should read that the Constitution be ratified oji the condition that certain specified aiuend- ments should be made.^' A protracted and able dis- cussion followed, which was terminated upon the arrival of the intelligence that the Convention of New-Hampshire had ratified the Constitution, Nine States, which was the number requisite to secure the adoption, having signified tiieir assent, the questioa with the New-York Convention was not whether they should ratify the Constitution, but whether tliey sliould secede from the Union. The Federalists then pro- posed to amend the amendment, so that the resolution oUered by Mf. Jay would read: "Resolved, that the Constitution be ratified, in full confidence that the amendments proposed by this Convention will be adopted."
To this resolution a number of the Anti-Federalists^ headed by Gilbert Livingston and Melancthon Smith, botl^of whom had been elected as Anti-Federalists, and the latter well known as an ardent personal friend and admirer of Gov. Clinton, reluctantly ^nelded their assent. This course, it is understood, was taken ua-- der the confidential advisement of the Governor ; as he and his friends, though firmly convinced that New- York, was sacrificing too much political power, and surrendering too many of the natural advantages of her geographical position, could not but foresee that a secession from the Union, at this crisis, would ex- pose the State to imminent perils and dangers, which it was the part of wisd(»u and sound policy to avoidL
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IN K£W*YOEK.
At the dose of an eloquent speech deliveied by lb
Livinerstou, in which, after re-affirming his sincere corivictiou that there was no saleiy under the Con- stitution unless amended, he stated that he felt bounds as an American and a JVhi<r, ])roud of liis country and devoted to her interests, to vote for the adoption of the resolution, with the bill of rights and amend* meats contained in it, the final vote was taken. Fifty- seven members, exclusive of the Presidenti [Gov. Clinton,] were present, thirty of whom voted for the ratification, and* twenty-seven against it.
The decision of the New- York Convention was made on the 2M\ of July, 178S. Before closiiio^ the session. Gov. Clinton addressed the Conveutioa, aiui, in the course of his remarks, stated that the probih bility was, that the body of the people who were op- posed to the Constitution would not be satisfied ; but that he would exert his power and influence to keep up peace and good order among tliem. A circular letter, drawn by Mr. Jay, addressed to the other States, and requesting their co-operation in securing the adoption of the amendments proposed by the New- York Convention, was then read and subscribed by all the members present, and the Convention ad- journed without day.
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POLITICAL PA&TISS
CHAPTER II.
4 ^^^^
1788 — State of Parties after the Adoption of the Federal Constitu- tion— Washing-ton, his Political Preferences and Appointments — Failure of tlie New- York Legislature to elect United States Sena- tors, and Division of the State into Congressional Districts — ^Nom- ination ol Robert Vales as the Federal Candidate for Governor- Re-election of Gov. Clinton, and the Choice of a Federal Majority in the Legislature — State Officers in 17S9 — Council of Appointment, their Powers and Mode of Election — The Council of Revision Vetothp Rill pvf^viding for the Clioice of United States Senntnrs — Philip Schuyler and Rufus King elected Senators — Robert Yates appointed Chief Justice, and John Lansinff, Jr., Associate Judge- Funding System und Bank Project of Gen. Hamilton — James Kent —Aaron Burr appointed to succeed Gen* Schuyler aa Senator- Census of the State and new Apportionment — Morgan Lewis ap- pointed Attorney General — Inquiry into the Conduct of theGoF* ernor on the Sale of tlie Public Lands — Contest between Gov. Clinton n:id Jnhn Tay — The former declared elected by the State Canvassers — Controversy thereupon — Appointment of additional Judges of the Supreme Court — DitTicuUy between the Governor and Council of Appointment — ^Address of Gov. Clinton, in which he declines being a Candidate for re-election— 1795.
With the adoption of the Federal Constitution, party spirit was for a time almost entirely hushed. Viewed in its true light, as the oiiispriiig of mutual concession and compromise between the friends of a
strong consolidated governuicnt on tiio one hand, and the advocates of a simple confederation ol the States on the other, this great work of the Phiiadel-^ phia Couveiition seemed to call forth a general ex- pression of approbation. The original distinction be- tween the Federalists and the Republicans, was still preservedi though but rarely exhibited. Between these two parties, U was, no doubt, the desire of
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Washinsrton to remain entirely neutral* The char- acter of his mind, however, which was eminently conservative, in tlie Ix'ttcr sense of the word, induced him to look with disiavor on the progress of that -spirit of innoyation which had given the most effect- ual iiiipulso to the Revolution, through iVar thai die rights and privileges already secured, might be en- dangered, in the attempt to reach ^ the utmost bound of civil liberty.' From this consideration, m nddrtiou to the ieeiings of personal attachment and r^ard which he cherished for Gen. Hamilton, it is probable that Washington was generally persuaded, in accord- afice with the wishes of the former, to bestow the pa* tronagc of the Naiiunal (iovermnent, in the State of New-Yorlc, upon the personal enemies or pohticai opponents of Gov. Clinton. In addition to the ap- pointment of Oen. llaniilton as Secretary of the Tica- sury, and of John Jay as Chief Justice of the United States, James Duane was made Judge, Richard Har- rison, Attorney, and William S. Smith, Marshal, for the District of New-York. AU of these gentlemen were decidedly active in their opposition to Gov. Clinton ; whosefriends appear to have been wholly overlooked. It cannot be doubted that it was the in- tention of Hamilton, in this way, to destroy the in- floence of the Governor, and overthrow the dominant party, of which he was the acknowledf^ head ; but the strong hold which Clinton possessed upon the afiectionsof the people, and the patronage of tbeSlale Ooremment, with the aid of the majority of the l^.e^- ialature, who were his warm supporters, mabted hiA jmceasfoUy to defy all oppositioii.
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Oa the 13th of October, 17S8, Gov. Chnton issued a piociamation, requiring the Legislature to meet %t Albany, on the 8th of December ; on which day that body assembled. The lower house was organized by the unanimous choice of John Lansings Jr., as Speakt r. lu Iiis speech to the Lefrislatnre, the Gov- ernor reiterated the sent uiient which he had previous- ly expressed, that the Federal Constitution had been ratified on the express couiidence, that the exercise of different powers would be suspended until it should undergo a revision by a general convention of the States but it is scarcely to be presumed that he seriously entertained the idea that a second Conveft- tion would be called. On the contrary, this declara- tion may rather be regarded as an indirect protest against the latitudinarian notions in relation to the construction of the Constitution, and the powers irf the General Government, which began to be mani- fested by many of the leading members of the Fede- ral party. That the ((overnor had this otyect in view, as a means of combining and strengthening Hm Kepubiican party, appears (jviJent, from the fact that one of his frimds, (Mr. Jones,} on the 19th day of January following, introduced a bill into the Asseiur bly, providing for the election of United States Seoar tors. The two houses having failed to agree upo ti ihe details of the bill, New-York was not represented ill the Senate during the &rst session of Congtemu^ Presidential Electors were chosen at this sesadovi, and the State divided into districts for .the election cf six members of the House of Beiaesentative& The first members elected under the new ConstitutioiL,
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trere Egbert Benson, William Floyd, John ilaihorn, Jeremiah Van Rensselaer, Johu Lawrence, and Peter Sylvester.
As the term of oliice of Gov. Clinton was to expire in July, 1789, active preparations I)egan to be made by the Federalists, to prevent re-election. Not- withstanding their success in securing the adoption of the Constitution, and the prevalent feeling in favor of the General Government, ihu Federal party met with considerable difficulty, in selecting a candidate who could be supported with any chance of success. After various propositions had been bruusrht forward and discarded, they seem to have concluded that it was impossible to defeat Gov. Clinton, unless a por- tion of the Anti-Federalists could be drawn off from his support For this purpose, a meeting of Federat-
ists was held in the city of New-York, on the 11th oi February, 1789, at which Robert Yates, then one of the Judges of the Supreifae Court, and previously well kaowii as a leading AiiU-Federalist, and a de- cided opponent of the new Constitution, was nomi- naled as their candidate for Governor. At this meet- ing, Gen. Hamilton, iiobert Troup, Wm, i)uer, Aaron Burr, and others, were appointed a committee of cor* respondence. On the 24th of February, Judsre Yatc.^ si^nilied his acceptance of the nomination. Uu the 27th of the same month. Chief Justice Morris, who iiad been spoken of as the Federal candidate, and -vrho would probably have been more acceptable to the great majority of the party, publicly declined. In addition to the defection of Col. Burr, and other Anti- Vaderalists, who took ground against Gov. Clinloni
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meetings were held at Albauy, Scheueciady^ and otbex places, by persons claiming to belong to the same
party, who resolved to support Judge Yates.
Tlie cieciioii, which was closely contested, came off in April, and resulted in the re-election of Gov. Clintoii, aud the choice of a majority of Federal members of the Assembly. Under the State Consti- tution then in existence, none but freeholders voted for Governor; and the whole numbnr of votes cast, barely exceeded twelve thousand, Gov. Clinton re- ceiving six thousand three lunidred ninety-one, and Judge Yates iive thousand nine hundred sixty- two. The counties of New- York, Westchester, Dutch- ess, Coluiuuia, Albany, and Montgomery, gave Fed- eral majorities. The county of Ulster, in which Gov. Clinton commenced his professional and political ca- reer, gave him one thousand thirty-nine votes, out of one thousand two hundred forty-five, the whole number polled. The principal State ollicers at tliis tune, were as follows : Pierre Van Cortland, Lieu- tenant Governor; R. R. Livingston, Chancellor; Rich- ard Morris, Chief Justice ; Robert Yates, and John Sloss Hobart, Associate Justices ; Lewis Allain Scott, Secretary of State ; Richard Varick, Attorney Gene- ral; and Simeon Dewitt, Surveyor General. The Council of Ai^intment consisted of Samuel Towns- end, Peter Van Ness, John Hathorn, ^md John Wil- liams, all Anti-Federalists. Of this body the Gov* emor was President, by virtue of his office ; and he was required by the Constitution, with the advice and consent of the Council, to appoint all officers " not otlierwise provided for in that instrument. The
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remaining members of the Council were selected annually by die Assembly, from the Senators, one
being chosen from each tlistnct. Tlie nuuil>er of Senatorial districts at this time, was four, viz : the Southern, Middle, Eastern, and Western.
On the 6th day of July, tli«^ Legislature coiivened at Albany, in pursuance of the proclamation of the Governor, for the ])nrpose of iiiakiiiL'" provision for the election of United JStates Senators, (lulian Vrr- planck, a member elected from the city of New-York, was chosen Speaker of the Assembly, without o]jpo- sition. On the 21st of July, a bill was passed by the two houses, providing for the election of Senators in Congress, which wns leturiHHl by the f \>uiicil of Re- vision, consisting of the Chancellor, Judges of the Supreme Court, :ind Governor, with objections. As the Council possessed tlie power of vetoing ail laws, unless passed by two-thirds of both houses of the Legislature, and there was not the requisite majority in favor ol the passage of this bill, it was lost At a subsequent day, the Legislature, hy joint Tesolution, appouited Gen. Philip Schuyler, aiid luifiis King, Senators. The latter gentleman had recently remov- ed from Massachusetts, which State he had previously represenied in the Continental Congress, with great credit to himself and to his constituents.
At the rep:ular session of the Iieerislature in 1790, Philip Livingston, Joiiu Cantine, Philip Schuyler, and fidward Savage, were elected members of the Coun- cil of Appointment. Mr. Livingston, from the South- ern, and Gen. Schuyler, from the Western Districti were Federalists ; Mr. Cantine, from the Middlei and
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Mr. Savage, from the Eastern District, were Republi- cans. The Republican membeis of the Goancii pro- bably owed their election to the fact, that nil the Senji- tois from their respective districts belonged to the same party, as it is not to be presumed that the Federalists would have vohuitarily yielded to their opponents the entire control of the State patronage. The offices becoming vacant durinsf the existence of this Council, were generally bestowed on llepublicans. Richard Morris having resigned the office of Chief Justice, Robert Yates Avas appointed as his .successor. The vacancy made by the promotion of Judge Yates, was filled by the ai)})ointment of John Lansing, Jr. The Federal members of the Council supported Egbert Benson, and the Republicans Mr. Lansing, who was appointed by the casting vote of the Governor. At a subsequent meeting of the Council, Abraham Yates, Jr., was appointed Mayor of Albany, Peter Ganse- voort, Sherifl', and Richard Lush, Clerk, in the same manner.
The next general election was held in April, 1790, and a iiominai majority of Federal members were elected to both houses of the Legislature* Party lines were not very distinctly marked, as several of the members who had been elected as Feder- alists, were friendly to Gov. Clinton. At the ses- sion of Congress held in New -York, during the summer of this year, the Funding System of Gen. Hamilton, and his project for a National Bank, which had agitated the public mind from the time of the organization of the Government, were the prominent subjects of discussion. The Republicans of this
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State were generally oppased to tiie assumption by the nation of the State debts, and the chartemtg of a bank, which were leading features of Gen. Hamihon's scheme. When the vote was taken, a majority was Ibund in both branches of Ckingiess in favor of Che assiunption. Gen. Schuyler and Mr. Kii!^ voted for the measure. The Now-York delegation m the House were equally divided.
The Legislature ol" the State met in the city of New- York January 3, 1791. Jolm Watts was unanimously elected Speaker of the Assembly. James Kent, the distinguished jiu^ist, made his first api)taian€e in pub- lic life at this session, as a member of the lower house from the county of Dutchess. Gen. Schuyler having prawn for the short term, upon his election to llie * United States Senate, his term of office would expire on the 4th of March. 1791 ; consequei th . tho choice of his successor devolved upon this Legislature. The incumbent was a candidate for le-election, and Aanm Bun* was liis competiitjr. The latter was uomuiaied by both houses: in the Senate, his majority was eight, in the Assembly, five. The politics of Col. BuiT, at this time, it would be diiiicult to define. He was considered as ojqidsed to the ultras <rf both parties; and, several years afterwards, ho frankly avoAved that he regarded both ( lintnn and Hamilton as his rivals. A portion of the Federal members of the Legislature preferred liiur to Ci^'ii. Schuyler, as the latter, although enlarged and liberal in his views, and a sincere patriot, was believed to act under the iiiliuence ol Oeu. Hauiilion, and was personally im- populaiiOn account of his early military associations,
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which had impaned an ui^^reposaessiiig austerity
his manners.
Oa account of the large increase oi popuiatioa ia the State, as appeared from the census taken in 1790, a new apportionment of the representation in the Legislature, and a new division of the Senatorial dis^ tricts, beeame necessary. The whole population at the time the census was taken, was three hundred forty thousand, one hundred and twenty; and the niiUibcr of electors for Senators, nineteen thou- sand six hundred twenty-six. This subject was- brought before the Legislature, at the regular ses- sion in 1791, and a new divi^;ion of the Senatorial districts was made, by an act passed ou the 7th day .of February. Under this act, the counties of Suffolk^ Q^ueens, Kings, Richuiuad, New- York, and W estches- ter, were constituted the Southern District, and entitled to elect eight Senators ; the counties of Dutchess, Ulster and Orange, were constituted the Middle District, to elect six Senators; the counties of Columbia, Rensse- laer, Washincfton, and CliiUon, were constituted tlie Eastern District, to elect five Senators ; and the ooun* ties of Albany, Montgomery, Saratosra, and Ontario, were constituted the Western Disiiict, to elect five Senators. At this session, also, three new counties were erected out of the county of Montgomery, viz : Herkimer, Otsego, and Tioga ; and an act was passed mating a new apportionment of the representation ia the popular branch of the Legislature.
Mr. Burr having been elected to the United State* Senate, his office of Attorney General, to which he had been appointed on the resignation of Mr. Varick,
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cil : aiid MorEau Ijswis. a counecooa of the " loa ianiily/' wb» had wiofHty was appoinledi] 1791.
At Ibe genenl cfadiBB in ApoL
licans, owing partly to local and personal ooDsiden- tiODS, gamed coiisiderable tme. Meiai
a Smith i
ber, from thf siroijg Federal couniy oi New-York : other equallv mIoh Fed
a «
sessioa oi thai budy, wliich was held ai N^ v- York, commpnmi Jananr iiih, Jli; WaM
was le-eieeted Speaker of the Amembir. Im hm «k nuai speech lo liie LeeUIatme^ ihe GoKEBmr that hngequattlitiBsef ''tlia
lands'"
the CommissiaBai of the IaimI CAmoe. and mended that the proceeds dmuid be applied to
pay mem ol the Sia^e debts, aad the sorplos lortsied ia such a maimer that the used to defiaj theoidmarr
siooers of the Land umoe wesi:. the A. Scott, Seoetarjr of Scaiep Am Bo!
General. G.rard B'Ai^Ci^ei. Ti^^^-^j^:^ Pt2;&r Curtemus, And lor. The agency of the in the sale of the pohUe laads, whidi was der an act oi ihe Legislature passed m 1791. oanicT' DBg unliayied powecson the the fiiimdalionof a Tiolent him during i^tn^ "iTiiiicin TtM* whoj^ '^f?w*i*^y ^ jaad
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«old, amounted to five million five hundred forty- two tiiousand, one hundred and seventy-three acres ;
the receipts were one niiUioa thirty thousand, four huj»lred and thirty-three dollars. Among the sales, vas one made to Alexander McGomb, of three mil- lion SIX hundred thirty-five thousand and two htui- dred acres, at eight pence per acre, payable in &ve annual instalments, without interest. Other parcels were sold, at prices ranging from one shilling to three shilling s per acre. The report of the Commissionere having been taken up for consideration, Col. Talbot, a member of tlie Assembly from Montgomery county, offered a series of resolutions, severely censurijig the conduct of the oiiicers by wliom the sales had been made. In the course of the protracted and acrimoni- ous debate which ensued, Gov. Clinton and his im- mediate friends were charged with havuig been per- sonally interested in the sales to McComb, which was subsequently denied by that geutleinnu under oath. This charge was not attempted to be sustamed by toy proof, although it is doubtless true that the conduct of the Commissioners was highly injudicious ; yet it was unqualifiedly asserted on their behalf, that I no h i ^di er oflfers could be obtained than those accepted by them. Tiie resolutions of Col. Talbot were finally lejected, and on the 10th of April, Melancthon Smith introduced into the Assembly a resolution approving of the conduct of the Commissioners, which was adopted by a vote of thirty-five to twenty.
Whatever may have been the motives of those who uistituted this inquiry into the conduct of Gov. Clinton, the opposite party were thereby emboldened
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to mnke vigorous efforts to defeat liim at the election in April. Early in the wiiuer, Judge Yales liad poih ittvely declined beinc as:ain a candidate ; and Chan* cellor Livingston, and iSicpiien Van Ilensselaer, the patfooQ, who were also spoken of^ had both lefiieed. In this state of things, all eyes were anykmsly turned on John Jay, who was put iu nomination by hifi •Federal firimds, in connection widi Stephen Van Rensselaer as the candidate for Lieutenant Governor, at a meetins: of Federalists held in the city of New-^ York, on the 13th of February, 1792. Jndge Yates at-
tended this nieetinjj. and exjjressed his dcleiui;iiaii<)ii to support the Federal candidates. OnthelfiUioi Fe^ rnary, a Republican meeting was held in the same city,at which Gov. Clinton and Mr. Van Cortland were nominated for re-election. A number of moderate men, of both parties, preferred Col. Burr for Governor, ou the ground that he did not l>t long to either party ; but the enthusiastic spirit which was mani* fested liy the Federal and Uepul)lican parties throu'j h- out the 8tate, iu support of their respective candidate^ induced him to announce in the n6W8pa])6rs, on the 15th of March, that he was not a euiululuie.
The gubernatorial election was held in April, 179S| and was warmly contested on both sides. By the laws of the 8tate, the votes £or Governor, Lieutenant .Qovemor, and Sraators, were canvassed by a joint committee of the two houses of the Legislature, con- sisting of twelve persons, six of whom were choem by each house. The canvassers offieiatinfi this year, were David Gelston, Thomas Tillotaon, .Melancthon Smith, Daniel Graham, P. Van Cortland, Jr., David
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McGarty, Jcmallian N. Havens, Samuel Jones, Isaac
Rosevelt, Leonard Gansevoort, and Joshua Sands. Owing to a diflerence of opiniou among the canvass- ers, as to the right of cauvasskig md allowing the votes given in the counties of Otsego, Ciiuton, and Tioga, the matter was referred to Rufus King and , Aaron Burr, the two State Senators. The ballots taken in tlie county of Otsego, were received and for- warded to the Secretary of State, by a sheriff holding over until his successor had taken the oath of office ; the votes taken in the county of Clinton, were deliv- ered into the Secretary's office, by a person who had no deputation, but who had received the box contain- ing them from the Sheritf of the county ; the box containing the votes of the comity of Tioga, was delivered by the clerk of the special deputy appointed by the Sheriff Mr. King was of opinion, that the votes from all three counties ought to be canvass- ed. Mr. Burr concurred in tiie opinion that the votes of Clinton coimty ought to be allowed, but thought that those taken in Otsego and Tioi^a shoukl l ie re- jected. A majority of the canvassers, viz : Messrs. Gelston, Tillotson, Smith, Graham, Tan Cortland, McCaity, and Havens, decided to reject the votes from the three counties, and declared George Clinton duly elected Governor, by a majority of one hundred and eight. The minority of the board, Messrs. Jones^ Bosevelt, Gansevoort, and Sands, protested, in wiiting^ against this decision. The importance of the ques- tion consisted m tiie fact, that the county of Otsego had given about four hundred majority against Qov. Clinton j and that the votes of Clinton and Tioga
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would not iiuitenaiiy diuiiiii^ii that majority: there- fbie, if the votes iirom the three counties had beea allowed^ Mr. Jay would have been declared eleeled.
Party feeling at this time rau very high^ and wiieu the decision of the State canyaasers was made known, it gave rise to the most violent criminations and re- criminations. Grov. ClintoQ was denounced as a usurper, and the canvassing committee were charged with acting under the iutluence pf sinister and cor- rupt motives. That the voice of the majority of the electors in the State was set aside by the decision of the canvassers, cannot be denied. Indeed, the sub- sequent deieat of the Repubhcan party, was a signifi* cant rebuke of the conduct of Gov. Clinton and his friends. Had the influence of the Governor been ex- erted, the canvassers would doubtless have made a dilfcrent decision. But it is probable, that a keen sense of the injustice of the attack made upon hmi in relation to the sale the pubhc lands, and whieh had contributed* in a great decree to swell the vote of the Federal candidate, induced him to remain silent while the wrong was being committed ; yel it is to be regretted tliat he did not exhibit the same magna- nimity of character, in his course upon this qaestion, which distinguished Mr. Jay on another memorable occasion. Durmg the Presidential contest ol IbUO, the Federal party had become disheartened and di* vided, and it was found iliat the electoral vote of New-* York could alone prevent the election of Mr. Jelier- aon. Mr. Jay, who was then Governor of the, Slate was applied to by his political friends, to convene an «Ktia session of the eausting Leg^ialatuie, a n^ionty
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of which were Fcdcrahsts, with the view of choos- ing electors, in anticipation of the regular session of the succeeding Legislature, who would undoubtedly make choice of electors friendly to Mr. Jefferson. In a prirate letter, urging this coivse, which was addressed to the Governor by Gen. Hamilton, the latter remark- ed: In times like these in whicii we live, it will not do to be over-scrupulous. It is easy to sacrific» the substantial interests of society, by a strict adherence to oidinary rules." Mr. Jay, with a moral courage and a manliness worthy of high commendation, refused to be made a party to such a proceeding, and up- on the letter of Gen» Hamilton, afterwards found among his papers, he made the following endorse- ment : Proposing a measiue for party purposes, whioh I think it would not become me to adopt" ; thus adding another, to the many circumstances, which go to show, that throughout his whole pofalic career, he was rather the passive recipient of political honors, than ttie active and zealous partizan.
At the time the decision of the canvassing codh mittee was made, Mr. Jay was holding a Circuit Court in Vermont. On txis return to this State, ho was^ every where on his route, received by hisirienda with flattering demonstrations of respect. Immedi^ ately after his arrival in New- York, a public meetings was called to express the sentiments of Hbe inbaibi^ tants, on the attempt which had been made to deprive him of the ofiee to which be had been elected^ in contempt,'^ as was said, "of the sacred voice of the people, m dehance of the Constitution, and in viola- tmi of the uailbtm praciioe and settled priociplee a£
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law." Mr. Jay's replies to the expressions of confi- deuce and esteem which he received Iromlus iVieudSi irare unifofmly written in n mild and conciliatory tone, aiid he steadily set his fac* against any poj>ular commotioQ or disturbance. Gor. Clinton took the oath of office on the 1 si of July, and on the 19th was present at a public dinner tendered him by his poUti^ eal friends in New- York, at which the conduct of his opponents was animadverted upon with no little sever- ity. The reply of the Governor to tlie address of the Chairman, was exceedingly mild, but dignified* About this time, a new distinguishuig feature of the two great parties in the country was first maniteted^ The Republicans were chained by the Federalists, with being leagued with the French JacobiuSi and with farorinff the Agrarian doctrines, and loose tbeo*
ries in politics and morals, which were ihc n alarm- iagiy prevalent in Jb'raaoe ; while, on the other hand, tte Federalists wm accused of entertaining sentiF* meats favorable to the policy and government of Eqgiand, and incompatiUe with a proper legead Soi liberty, as well in this country as in France. The fadings growing out of these reciprocal accusatioM afierwaids took sudi deep root, that the RqmUicns openly identified themselves as being the friends of Franeey and the Federalists avowed similar prefer- ences for Ae British nation.
Owing to the large increase of the population, and the business of tbe courts, it was deemed adyisable^ by the Council, in the summer of 1792, to appoint a fourth Judge of the Supreme Coiurt of the State. The appointment was first tendered to Aaron Burr, who
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declined accepting it. Theoilico was then conferred on Morgan Lewis^ and the vacancy thus created ia the Attorney Generalship, was filled by the appoint- ment of Nathaniel Lawrence. All these appoint- ments were made by the xotes of Messrs. Pye and Van Cortland^ the two Republican members of the Council, and the casting vote of Gov. CUnton. Oa the 6th of November the Legislature met in New-- the session having been appointed thus early, by the Governor, for the purpose of choosing electors for President and Vice President. Mr. Watts was agaui chosen Speaker of the Assembly. The can- vassing question was immediately raised by the Fed* eralists in the Senate, who objected to the right of Jolm Livingston, the Repubhcan candidate, declared elected in the Eastern District, to take his seat in that body. The principal speakers on the subject, were Mr. Williams oi Wasiuugton county, on the Demo* cratic side, and Mr. Samuel Jones, who had recently chansred his political associations, and become a zeal- ous i^'ederalist, on the side oi the opposition. The question was decided in favor of Mr. Livingston, by a majority of one. The vote, a strict party one, stood twelve to eleven. On the 13th of November, the same question was brought up in the Assembly, by the appearance at the bar of about eighty gentlemen, claiming to be deputies from difierent sections of ths State " to solicit a legislative remedy for the late out- rage said to have been committed on the right of suf- frage by a mi^rity of the Canvassing Committee.'* Tiic memorial of tliese deputies was presented, and a lengthy investigation of the subject matter of their
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complaints was thereupon hnd. wliich resulted in a vote of the Assembly approvmg the proceedings of ma^rily of the canvassers^ While this subjeet was under consideration, a niemoiial was presented by the friends of Gov. Clioton^ against Wiliiam Coop- er, First Judge of Otsego County, askioj^ for his im- peachment. Upon the inquiry which ensued, sui£* ^cient facts were not elicited to found an impeachment, althousrh it appeared that he had encoura^jed il legal voting in favor of Mr. Jay, and in other r( spccts misconducted liimself, 'as a citizen. The Prssiden-* tial Elecior^i chosen at this session, were John Wood- iiull, £d ward Savage, Jobanus Brown, W iUiam Floyd, Abraham Ten Eyck, David Van Ness, Samuel Clark, Abraliam Yates, Jr., Voiiieit Voedr r, Samuel Ward, ^md Samuel O^ood, who were all Bepublieans.
The Federal party succeeded, at the April election in 1793, by a triumphant majority. The Republican •candidates were elected in the Middle Senatorial Dis- trict, and the remaiiiiiici^ Districts returned Federal Senators. In the following summer, Mr* Genet, the French Minister, visited New- York, and was cordial* ly received by the Republicans of that city, who ap- pointed a committee to address bim. Mr. Genet was highly complimented in the address, and the French people were assured of the deep sympathy entertained for them by the Republican party. The Federalists also held a meeting, and passed a series of spirited resolutions, in support of tiie neutral attitude assumed by the United States Government, in respect to the war then wasfinsr in Europe. . The lifigisiature met at Albany on the 7th of Jan- 4
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uary, 1794, and Jaines Watson, of New- York, was chosen Speaker of the AssemUy. In hi$ speech to the two houses, the Governor alluded to the war in Europe, and expressed the wish that peace might be preserved ; at the same time complaining of the delay on the part of Great Britain, iti siiiKMidering the West- em ports, according to the treaty of 1783. He also recommended a thorough revision of the criminal code of the State. After the withdrawal of the Gov- ernor and Senate, from the Assembly Chamber, Josiah Oo:den Hoffman, a Federal member from New- York, moved that the House proceed, forthwith, to choose a Council of Appointment, an^ delivered a most violent speech against the course of Governor Clinton and the existing Council. Ambrose Spencer, and other Federal members, supported the motion. The most active members on the opposite side were, Mr. Smith, of Suffolk, and Mr, Comstock, of Saratoga, who advocated a postponement of the question until the next morning. This was earnestly resisted by Mr. Hoffman, who stated that the appointment of a fifth Jud2:e of the Supreme Court had become necessary ; and that, if a selection were made by the existing Council, a very unsuitable man would be chosen. The Federalists desired to secure the appointment of Egbert Benson as one of the Judges, while the Re- publicans were generally in favor of Peter W. Yates. Gov. Clinton, it is said, was opposed to appointing a fifth Judge, which was probably the case ; for, had he entertained the contrary opinion, the appointment might have been made, while Mr. Hoffman's motion was pending in the House. Notwithstanding the.
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vig-orous opposition of the Republican meinbers, the motion was carried, and a Jiew Council appoialed| consisting of Philip Schuyler, Zina Hitchcock, and Selah Stronir, Federalists, aiui Keuben ilopiaus, a Republican. Shortly after, £gbetrt Benson was ap- pointed a Judge of the Supreme Court. The Govern- or having xeiused to make the nominationi it was done by one of the Federal members; and, a majority having voted for Mr. Benson, he (l(iclnred ap- pointed. Gov* Clinton protested against this proceed* ing, and insisted that he possessed the exclusive right of nomination. On tiie last day of the meeting of the Council, the Governor drew up a formal protest against the action of the majority in making appoint- ments, which was filed in the office of the Secretary of State. In ISOl, a controversy arose between Gov. Jay and the Council, a majority of whom were then Republicans, in which iie took the $ame ground pre- viously maintained by Gov. Clinton, and insisted tipon the exclusive right to make noniinations. The pro- test of Gov. Clinton called forth a lengthy reply from the Federal members of the Council, who endeavored to convict him of inconsistency. This charge was not sustained by the facts adduced j and it needs only a candid examination, to convince any unprejudiced muid, that Clinton and Jay were correct in their con- struction of the Constitution.
The election in 1794 terminated in favor of the Federalists. More than live thousand votes were cast for Stephen Van Rensselaer and John Frey, the Federal nominees lor .Senators, in the Western Dis- trict j while the opposing candidates received but
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about two hundred and forty. The Legislature met at Poughkeepsie, on the 6th of January, 1795. The candidates for the Speakership were, Gen. Nortii, of Duanesburgh, and Mr. Watson, the late Speaker ; both of whom were Federalists. The former was elected, by a vote of thirty-three to twenty-eight. Gov. Clin- ton was at this time confined to his house, at Green- wichj by sickness, and, instead of the usual speech, sent a written message to tiie Legislature, in which he again recommended the amelioration of the crimi* nal code, and that legislative aid should be extended to the Common Schools. Acting upon this sugges- tion, the Legislature passed a law, appropriating the sum of fifty thousand dollars annually, for five years, and directing its apportionment among the several counties. ' The act also provided, that the board of Supervisors in each county siiould apportion the amount among the towns, and that, in addition there- to, a sum equal to one-half of its share of the public money should be assessed and raised in each town, for the support of its own schools. On the 27th of January, Rufus King was re-elected to the United States Senate, for six years from the 4th of March, then next, at which time his term of office would ex- pire. A few days afterwards, Gov. Clinton published an eloquent and feeUng address, to the Freeholders of the State, in which he declined being a candidate for re-election. The reasons which he alledged were, that he had held elective offices for nearly thirty years, during which time the duties of the various trusts devolved upon him, prevented that attention to his private afiairs which' they now imperatively
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required, aud tliat the impaued slate of hi3 health leDdeied it necessiury for him to retire from active business. Lieut. Gov. Van Cortland also declined being a candidate ior re-eiectiou, on account oi in& advanced age.
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CllAPTEE III.
1795 — Nomination of .lohii Ja} an;! Stephen Van Rensselaer, tlie Fiuler.il candidates for Governur and Lieutenant Governor — Rob- ert Vates and William Floyd, supported by the Democratic parly —Gubernatorial Electionr-^Triumph of the Federalists — ArriTid of Governor Jay in New- York — ^Publication of the Treaty with Great Britain, and consequences — Session of the Legislature in 179G — Returns of tlie Census taken in 179'> — Jacob Radclifi'— Jame» Kent — Equalization of Senatorial Distrirls — Attcinjjt to abolish Slavery — Conduct of the Frencli Government, and thviv agents in this country, and its effect upon the sprini^ election of 1796 — Choice of Presidential Electors by the State Legisbp ture — ^Preference of Gen. Hamilton for Thomas Pinckney, instead of John Adams — Apathy in the Democi-dic Party — John Law- rence appointed United States Senator — Edward Livingston and Mr. Jay's Treaty — Legislative Session of 1797 — Oflice of Comp- troller cre?itpd — Seat of Government permanently Ur.cd at Albany — Gen. Schuyler elected a member of the United States Senate — The British Treaty — The Livingston Family — Election in 1797 — Dr, Samuel L. Mitchell — ^Dewitt Clinton^Session of the Le- gislature in 1798— Gen. Schuyler's resignation as United States Senator, and appointment of Judge Hobart— John Lansing, Jr., nnnointod Chief Justice, and James Kent an Associate Judge, of the Strirerne Tnurt — Re-nomination of Jay and Van Rensselaer — Spring Election— Cruv. ,Hy re-elecled, and the Federalists gen- erally successful — Appreliensions of a war with France — James Watson elected United States Senator — ^Disaffection in the Fede- ral ranks— Opinions of leading Federalists as to the permanence of Democratic institutions — Alien and Sedition laws^Virginia and Kentucky Resolutions — Erastui Root — Charter of the Man- }*.r>ttan Banking Company — Election in April, 1799 — Death of Geor^'c Washin«rton — T.e'^islative session of ISUU — A;>ril Election — Diiliculty between Gov. Jay and the Council — A Stale Conven- tion recommended — Presidential Election of 1800— ^onduc| of Gen. Hamilton — Intrigues of Col. Burr — Choice of Mr. Jefierson —Retirement of Gor. Jay— 1801.
The refusal of Gov. Clinton to become a candidate for re-election, rendered it certain that a change would
be produced at the ensuing election. The Federal
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party were anxious to nominate Mr. Jay. His coo-
ceded fitiiess for the office of Governor, aud the lumi- ner in which he had been defeated in 1792, were powerful arguments in his favor. On the other hand, were the prevailing syiiipatJiy lor the French Repub- lic, and the strong prejudices against Great Britain* which it was feared mi^ht l>e aroused a^raiust him, if he should conclude a treaty with England, where he had been sent with that object in view. It was thought, however, as eveiUiiaiiy proved io be iho case, that the contents of the treaty would not be known in this country, until after the election. Ac- cordingly, the Federalists, at a Legislative Caucus, nominated John Jay, for Governor, and Stephen Vaiv Rensselaer, for LicuteiKint Governor. This Domina- tion was made without the knowledge of Mr. Jay. After considerable difficulty, the Democratic party iiually determined to support Chief .Justice Yates, who had been the Federal candidate iu 1789, in op- position to Gov. Clinton, tor Governor, and William Floyd, for Lieutenant Governor. Coi. Burr had been again spoken oi by lus friends, but a majority of both parties were decidedly opposed to him. The result of tile April election was, as migiit have been antici- pated from the political course of Judge Yates, Mr. Jay receiving- a large majority of tlie votes, and being declared elected. Mr. Van Rensselaer was elect- ed Lieutenant Governor, and a Federal majority cho- sen in both branches of the Legislature. The Sena- tors elected were, John D. Coe, Richar4 Uat&eld, Philip Livingston, Ambrose Spencer, and John Fhey, all of whom were Federalists. Dewitt Clinton was
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one of the Republican candidates for member of Aij- sembly in the city of New- York, but was deieated.
Two days after the resalt of the State canvass was made known, Mr. Jay arrived in New-York, and was received by a large concourse of citizens, assembled to welcome their new Governor," with flattering evi- dences of their regard and esteem. On the 2d of July, the treaty which he had negotiated was published at Philadelphiaj and the long pent indignation of tlie Republican party burst forth with ten-fold fury. Mr* Jay was burnt in effigy, by the mob in Philadelphia. Public meetings were held throughout the Union, at which the treaty, and the negotiator, were alike de- nounced. In New-York, an immense crowd attend- ed a meeting in the open air, and, after adopting some violent resolutions, marched, with the Americaa and French colors llyinof, in front of the Governor's house, and there burned the treaty. In attempting to address the meeting, Gen. Hamilton was pelted with stones, and compelled to leave the ground.. These outrages, were neither countenanced or approved by the candid and reflecting members of the Republican party. Although Mr. Jay's politi- cal opponents, to a man, were dissatisfied with the provisions of the treaty, and with liis views on other important subjects, his integrity and patriotism were never seriously questioned. Had the contents of the treaty been published previous to the election, it is highly probable that he would have been defeated. Indeed, the public feeling was so strongly set against it, that at the Congressional election in December,. 1795| Edward Livingston, an ardent Republican, and
\
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THE MEW Y8RI
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a warui iriead of the French revolution, was electad iiom KeW' York, ia apfomiiaa to faiart Watsooi om of the most popular Fedendists in that dty.
The Legislature conYcned in New Yoiii, on tho 6th of January, 1796« Gen. Noitfa was r^laelad Speaker. la his speech at the opening of the session^ Gov. Jay avowed his deteimiiiatioa lo i^gaid. ail his fellow-citizens with an equal eye, and to efaenrii and advance merit, whc/ever found.*" This declara- Uqq was a noble one, in theory, but the GoTemor, like all other party men, foond himself nnable to lednoa it to practice. He also requested the Legislature to pass a law, declaratory of the exdosiTe right of the Governor to make nomintctions in the Cooncil of Ap- pointment, and recommended tiiat tiie ChanceUoi and Jadges of the Suprraie Court should be pensioned whenever thev became iiielisrible, on account of age, to hold theu respective offices. No definite actioii was had by the Legislature, on either of these qoes* tions. The Council of Appomtuient chosen this year, consisted of Joshua Sands, Abraham Schenck, £ben* sier Russell, and Michael Myers, all Federalists ex» cept Mr. bchenck. During tins session, a bill was passed dividing the State into districts, for the trial of criminal eases at the Courts of Oyer and Terminer, and providing for the appointment of Assistant At- torney Generals in each district Jacob Radcliff was appomtcd to this office, for the district conipi isinir the counties of Dutchess, Orange, and Ulster ; and Am* brose Spencer, for the district composed of Columbia^ Rensselaer, &-c. At the same time, James Kent, then of the city of New- York, was appointed a Master in
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Chancery. The census taken in 1795, was returned to the office of the Secretary of State, oa the 2Plh of January, 1796; from which it appeared that the whole number of freeholders in the State was tliirty- six thousand tbxeo hundred and thirty-eight, and the Toters for members of Assembly, sixty-six thou- sand and seventeen. According to the Constitution, it now became necessary to elect twenty additional Senators, seventeen of whom were to be chosen in the Western District, For the purpose of equalizing the districts, an act was passed, annexing the counties of Albany and Saratoga to tlie Eastern District. At this session, also, a bill was introduced '^for the grad* "ual abolition of slavery," upon the suggestion of Gov. Jay, as it is said. A long and animated discussion arose on the merits of this question, which was dis- posed of in the end by the passage of a resolution, declaring that it would be unjust to deprive any ciii* 9sn of his property, unless a reasonable compensation should be paid to him by the State. The vote on the resolution stood thirty-one to thirty-one, and was de» eided by the casting vote of Mr. Foote, afterwards First Judge of the county of Dela ware, who was Chair- man of the Committee of the Whole.
The violent and dictatorial conduct of the French Minister, and the Government which he represented, so far diminidied the excitement in relation to the British treaty, that the election in the spring of 1796 terminated highly favorable to the Federalists. In the Southern District, Messrs. Haight, Onderdonk, Stronsr.and W^itson, the Federal nominees, were elect- ed to the Senate by nearly htteen hundred mfgority.
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Robert Sands and William Thomson, Federalists, and C Tappao, Republican, were elected in the Mid'^le District, by a close Tote. In the Eafltein District, B. Clarke. 3T. Tail. J. Savage, P. Srlrester and A, TVft Ejrck, tbe Federal caiididales, were decied iiy dee»> ded majorities. In the Western District, Jedediah Sanger, James Gordon. Leonard Gansevoort, Thomas Ifoiris, Thomas R. Gold, John Richardson, JohaniMS DietZy Vincent Matthews, Jacob Morris, Leonard Brown, Francis Nicol, Joseph White, and Abraham Amdt, all Federaiists, were elected almost without opposition. The Le::is;:inire met m New-York on tiie 1st of November, in order to make choice of Pres- idential Electors. Gnlian Verplanck, of New-York, vas elected Speaker of the Assembly, in his oj>en- iag speech, Gov. Jay paid an doqoent tribute to the noUe patriotism, and self-sacrificing* dcTotion to the welfare of the country, which shone so brightly in the ebaiacter of Washington, and which were neter more conspicnons than upon his refusal to become a candidate for the Presidency for a third term.
Got. Jay, and the ^rreat body of the Fedendiele in the NortlK'ra and Eastern States, were in favor of John Adams, as Gen. Wa&hingtoa^s successor, while flen. Hamilton appears, from a commnnication pub- lished by him in 1800, to have preferred Thomas Piockney, of South Carolina, the Federal candidaip fer Yice President. The Republican party in this State were desirous that Thomas Jetferson should be dected President, and George Clinton Yice Presideot ; tat they had become so disheartened^ on account of the result of the spring election, that very little inter-
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est was manifested in their ranks. At an early da^ in the session of the Legislature, Presidential Electors were ehoseii', who, of coarse, gave the twdve votes of the State to Mr. Adams and Mr. Pinckney ; the former of whom was elected over Mr. Jelferson by three ma* jority. Under the Constitution of the United States, as it then stood, Mr. Pinckney having fallen behind Mr. Jefferson, the latter was elected Vice President. Before the adjournment of the New- York Legislature, John Lawrence, then a District Judge of the United States, was elected a State Senator, to supply the va- cancy occasioiied by the apponitment of Rufu$ King as Minister to England.
Prior to the Congressional election in 1796, con* siderable dissatisfaction began to be exliibited, on ac- coiint of the management of our foreign affairs by the National Government, and particularly in relation to the French Kepublic. Edward Livingston, a dis- tinguished member of the Republican party, it will ' be recollected, had been chosen a member of Congress » from the city of New- York, in 1795. Diuring his term of service, he had received an address from a majority of his constituents, many of whom were actuated by a sincere desire for the preservation of peace, and others, undoubtedly, influenced, by the ituven of Toryism left by the English occupation, to support Mr. Jay's treaty. In relation to his course on this occasion, he afterwards said : " I took on myscif, for the first time in my whole representative career, to disregard the wishes of my constituents. I attacked the treaty, and spared no elibrt to prevent its adoption. The issue justified the line of conduct I held. Enlightened by
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the discussion, and by the press, my constituents voted me their thanks for the course 1 had pursued." At the December election, in 1796, Mr. Liviofston was again put in nojiiinatiouiiuid re-elected by a triumph- ant vote. The Republicans also elected J. N. Ha- vens from Suffolk, Lucas Elmondorff from Ulster, and Philip Van Cprtland from Westchester, as members of CongresS) notwithstanding the active opposition of the Federal party.
The Legislature re-assembled at Albany on the 3rd of January, 1797, and on the 13th of the same month Andrew Onderdonk, Ambrose Spencer, Leonard Gan* sevoort, and Thomas Morris, all Federalists, were elected members of the Council of Appointm«it An act was passed at this session abolisiuag the office of Auditor, and substituting that of Comptroller ; who
was clothed witli additional ])()\vers, and required to perform other duties. By this act, the Comptroller was, in fact, constituted the chief financial officer of the State. The first incumbent of the office was Samuel Jones, who was at the time of his appoint- ment a member of the State Senate. The county of Delaware was erected this year, from the counties of Albany and Ulster, and a law was passed fixing the seat of Government permanently at Albany. Three days before the adjournment of the Legislature, Gen* Schuyler was elected to succeed Aaron Burr, whose term of service in the United States Senate expired this year. On the occasion of this appointment, Gen. Schuyler delivered a feeling address to the Legisla- ture, in which he alluded to the many|tokens of con- fidence on the part of his fellow-citizens, which h»
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had leceived dudog the foity years he had been in
the public service, and expressed the mostfrieadly seatioaents towards those who dilSfered from him in relation to public men and measures, and his sinceie desire for the preservation of our civil institutiouSi | and for the prosperity of the State.
On tlic Oth of Febniajy, 1797, a celebration of the ! ninth anniversary of tlie treaty of alliance between France and America, was held in the city of New* York, at whicii a large number of French citizens, and many of the most prominent Republicans in the State, were present. One of the regular toasts drank on the occasion was : " The Eriiish Treaty: may it be an awful lesson, how to trust to the justice and magnanimity of those who ever have, and still do seek, the ruin of onr Connnerce and destruction of our Liberty." Chancellor Livingston, who attended the meeting, gave the lollowing toast : " May the present coolness between France and America, pro- duce, like the quarrels of lovers, a renewal of love I" This gentleman, it will be borne in mind, was one of ' the most ardent supporters of the Federal Constitu- tion at the Poughkeepsie Convention, in 1788, About the year 1790, he and his immediate connections, known as the Livingston family," with the excep- tion of a portion of them who resided in Columbia county, slnfted their position, and became zealous Re- publicans. Chancellor Livingston was one of the most eloquent men in the State, and possessed talents highly respectable, both as a lawyer and a statesman* It is said that the change in his political course was prompted by jealousy of the growing influence of
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Oen. Hamilton, and dkappointment in not being made Chief Justice of the United Stat^; although the reason which he himself aliedged was, his oppo- sition to the funding of the National Debt, and die chaxienng of a Nauonal Bank.
The Republican party gained considerable ground at the April elecuon, ia 1797. Ezra L'Hommedin, previously elected as a Federal ist^ but who now acted with the Democratic party, was returned as a Senator from the Soiuliera District. Messrs. Van Wohten, Ten Eyck, Van Schoonhoven and Clark, electedin the Eastern District, and Messrs. Phelps, ^lorns aiid My- ers, in the Western Districtj were all Fsderaiists^ The Repnblican candidates for the Assembly, in the city of New-York, were elected by an average major- ity of one thousand. Among them, were Aaron Burr, Dr. Samuel L. Mitchell, and Dewitt Clinton. Mr. Clinton was the son of Gen. James CUutoni and a nephew of George Clinton. He was a gradnate of Columbia College, wliere he distinguished himself by his scholarship and talents, and commenced reading law in the office of Samuel Jones ; bot afterwarde, upon the death of an elder brother, who had occupied the station, he was appointed Private Secretary to his uncle, then Governor of the State. Tie icleniilicd liun- self with the Kepublican party at an early age, and . was regarded as one of its most active and nsefiil members. The interference of the French Minister in oar domestic affairs, and the coarse of the leading Republicans, in expressing their sympathy with the French Revolutionists, at one time induced him so fiir to waver in bis political faith, that many promi-
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neot Federalists^ among whom was Gen. Hamilton}
entertained strong hopes that he would unite with the Federal party. la this expectation, however, they were disappointed, for it appears that he never lost th^ confidence and esteem of his Republican friends. At the time of bis election to the Legislature, he was about twenty-eight years old.
The annual session of the Legislature commenced at Albany, on the 2d of January, 1798. Derick Tea Eyckj the I-'cderal candidate, was elected Speaker, over ^William Dunning, a Hepublican member, by fifty-nine to forty-two, a strict party vote. The Gover- nor's speech introduced no new topics of special im- portance ; neither did it allude to the political ques^ tions upon which the two parties were divided. On the 3d of January, Ezra L'Hommedieu, William Thomson, Moses Yail, and Joseph White, were elect- ed members of the Council of Appointment. Mr, Spencer offered a resolution, at an early day in the session, declaring the seat of Samuel Jones in the Sen- ate to be vacant, in consequence of his acceptance of the office of Comptroller. The resolution gave rise to considerable debate, but was finally defeated by a large majority. On the 12th of January, John Sloss . Hobart, one of the Judges of the Supreme Court, was appointed to fill the vacancy occasioned by the resig- nation of Geo. Schuyler as a men^ber of the United States Senate. Judge Hobart was not bred to the pro- fession oi tlie law, but had been appointed a Judge in 1777, on account of his sterling patriotism and sound judgment. The fact that he did not belong to the legal profession, was the reasou that Robert Yates
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had been appointed Chief Justice, when the former was the senior J udge. Soon alter the election of J udge Hobart to the Senate, he addressed a letter to the Leg- islature, in which he spoke very feelingly of the sa- crifices he had made, during the time he had occupied a place on the bench of the Supreme Court, and sta- ted that he accepted the otiicc of Senator, in tiie lull confidence that the Legislature would ^^not suffer an old servant to drink of the bitter cup of poverty and distress, in the evening oi bis lifeJ' An att^pt was made, at this session, to pass a lawmaking some pecu- niary provision for Judge Hobart, and Chief Justice Yates, whose term of office was also about to expire, and who subsequently died poor ; but nothmg ell'ect- ual was ever done in regard to the subject.
In the month of February, John Lansing, Jr., was appointed Chief Justice, and James Kent one of the Associate Judges, of the Supreme Court of the State. During the winter, also, Robert McGIellan, afterwards a defaulter, was ap]iouUed Treasurer, and iJauiel Hale, Seci^tary of State, in the place of Mr. Scott, de- ceased. Toward the latter part of the session, Ambrose Spencer left the Federal party, and united with the Republicans. The Legislature adjourned on the 7th of April, and, shortly after, Judge Hobart was appointed by the President, District Judge for the District of New- York ; and Gov. Jay appointed Gen. William North to supply the vacancy in the Senate during the recess.
Preparations were made, early in the season, for the spring election. On the 6th of March, at ^ meeting of the Federal members of the Legislature, and a num- ber of citizeiiB firom different parts of the Stale, John
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Jay and Stephen Van Rensselaer were nomiiiated for le-election. The Republicans nominated Chancellor Livingston, in opposition to Mr. Jay, but, as it was 111 i stood, generally concurred in the support of Mr.^ Van Rensselaer. The election passed oS very qu i etly . The dissatisfaction in relation to the unpopular meas- ures of the administration of Mr. Adams, which soon after produced a political revolution in the country, had not yet extended very far, owing in some degree, perhaps, to the offensive conduct of the French Re- public toward the American Government; and Gov. Jay was re-elected by the large majority of two thou- sand three hundred and eighty votes, although the re- sult, in other respects, indicated quite plainly, that the Republican party were every day gaining additional strength. Dewitt Clinton and David Gelston were elected to the Senate, froni the Southern District; Ambrose Spencer, John Schenck, and Ebenezer Foote, from the Middle ; Leonard Gansevoort, John Prey, and John Sanders, from the Eastern ; and HVilliam Beekman, Frederick Getman, and Thomas R. Gold, from the Western District. The Republican candi- dates for members, among whom were Aaron Burr and John Swartwout, were elected in the city of New- York. Washington county also retimied Demo- cratic members. Several gentlemen, afterwards prom- inent members of the Democratic party, made their iirst appearance in public life this year, as members of the lower house. Among them were, David Thom- as, of Washington county, Erastus Root, of Delaware, Archibald Mc Intyre, of Montgomery, Obadiah Ger- man, of Chenango, and Jedediah Peck, of Otsego.
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The Le^slature met at Albany in the month of
August, 1798, in jiursuance ot' the pr<iclaniation of the Governor. Derick Ten Uroeck was chosen Speaker. The Governor's speech was mainly con- fined to national aliairi^, uiid warmly urged upon tiie L^slature the importance of making preparations for the anticipated war with France, srowinir out of the depredations upon American commerce by French cruisers ; the refusal of the Executive Direc- tory to receive Mr. Pinclcney, ilie American Plenipo- tentiary ; and the indignity subsequently shown to John Marshall and EIbridn:e Gcriy, who had been sent out to join Mr. Pinckney, as Envoys Extra- ordinary, in attempting to extort money as a prelimi- narystep to negotiation. The conduct of the French Government, and the dictatorial tone of their n^rents in this country, had justly excited the public indigna- tion, and the recommendations of Gov. Jay were at once adopted by the iicgislature. At this session, James Watson was chosen as the successor of Judge Hobart| in the United States Senate, whose place had been temporarily filled by the appointment of Gen. North. John Tayler was supported by the Demo- crats, in opposition to Mr. Watson. In the Assembly, the^YOte stood fifty-seven for Mr. Watson, and forty- eight for Mr. Tayler.
The L^slatiue re-assembled at Albany, on the 2d day of January, 1799. The Council of Appoint- ment chosen this year, consisted of Wm. Duimuig, BbeoesBer Foote, Ebenezer Clark, and John Fiey. Mr. Dunning was tlie only Republican member of the Council, and owed his election to the fact, that his
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District (the Southern) was represented entirely by Democratic Senators. At this session, a bill wa$ in- troduced into the Assembly, dividing the State into districts, for the election of Presidential Electors by the people, and directing the State Senators to be chosen in single districts. This project was brought forward by the Republican members, in the hope of seciuring a part of the electoral college, as it was feared that tlie Federalists would elect a majority of the members of the Legislature in Aprili 1800. The measure was also supported by some eight or ten members who had been elected as Fed- eralists, but who generally voted with the Democratic party ; the most prominent of whom were, Obadiah German, Judge Feck, and Mr. McKinstry of Hudson. They were, in the political parlance of the day, usu- ally denominated as trimmers; and, it is said, that it required all the tact and address of CoL Burr to manage them. This char<(e, however, is scarcGly warranted by the subsequent conduct of these gentle- men. Indeed, it is well known that, early in 1798, a large portion of the Federal party began to have seri- ous misgivings as to the propriety of the measures adopted by the General Govemment. Many of the leading Federalists were, even at that late day, in the habit of openly expressing their doubts of the success of our Democratic institutions. At the forma- tion of the Government, Gen. Hamilton, and others, had avowed their want of confidence in the capacity of man for self-government ; and the former hadsaid^in a speech delivered in New- York, that the peojde were <^ their worst enemies.^ He also spoke of the Consti-
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tutioii; in a letter written to Timothy Pickeringi after its adoption, as being an " experimmf^ Teluctantly
yielded to the prejudices of the jx'ople. Gov. Jay. in his letter to Gen. Washington, dated March 7, 1787, oxprcssei similar sentiments ; and wlicu it was per- ceived that these two leaders of the Federal party, were almost the sole dispensers of the patronage of the Greneral and State Governments, in New- York, a feeling of distrust began to pervade the minds of the more liberal Federalists. The decided opposition of the prommeiit Republicans in the Union, among whom were Thomas Jefferson, Benjamin Franklin, George Clinton, and Samuel Adaui^;, to tiie measures of the existing Federal administration — to the staadmgarmy raised in time of peace — the alien and sedition laws — and the revival of the odious stamp duty — contributed largely to increase the number of their adherents, and ultimately ervabled them, in the great contest of ISUO, to achieve a triumphant victory over their opponents. Notwithstanding the nominal Federal majority in the Assembly, the bill providing for the division of the State into districts, passed that body, but was "defeat- ed in the Senate.
At this session, also, the celebrated Virginia and Ken- tucky Resolutions, drawn by Mr. Madison, which de- nounced the alien and sedition laws, and other leading measures of the administration of the elder Adams, were communicated to the Legislature by the Governor. On taking the subject up in the Assembly, Mr. King, a Federal member, offered a joint resolution, declar- ing that the right of deciding on the constitutional- ity of all laws belonged to tlie National Judiciary, and
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that the individual States could not assume that right, Dirithout destroyini^ the independence of the General Government. This cxtraordinarv doctrine was ear- nestly and ably com batted, by Erastus Hoot, and others, but the resolution finally ])assed by a vote of fifty to forty-three. In the Senate, there were but seven votes against it, viz : Messrs. Adison, Dunning, L'Hommedieu, J. Schenck, Spencer, Tappan, and Tiiiotson. Dewilt Clinton was absent, at ihe time the vote was taken, but would, undoubtedly, have opposed the resolutioiij liud lie been present. Judge Speucer, who iiad formerly been an active Federal- ist, changed his political associations towards the close of the session of 1798, and was understood to belong to the Democratic party at the time of his re-election to the Senate, in the spring of that year.
A bill passed the Assembly during the session of 1799, providing for the gradual abolition of slavery, but was rejected in the Senate. Judge Peck uitro- duced a bill abolishing imprisonment for debt, which was defeated by a decisive vote. A few days previ- ous to the adjournment, the notorious bill, chartering the Manhattan Bank, was passed. This act was en- titled, " an act for supplying: the city of New- York with pure and wholesome water," and a large ma- jority of the members were entirely ignorant of the provision conferring banking powers upon the company. The most active agent in maturing this scheme, was Col. Burr; who, with his political friends, afterwards obtained a majority of the stock, and con- trolled the operations of the company.
The elecUon in April, 1799, resulted unfavorably
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40 the Democratic party. This leanlt was produced,
in part, by the disclosure of ihr Irautlukiit meaiis whicii were used iu obtaiaing the cliarter oi tiie Man- battaa Bank. The Republican ticket in the city of New-York, at the head of wliich was Col. Burr, was ilefeated by about nine hundred majority. In Colum- •bia county, also, the Federal ticket succeeded, contra- ry to the expectations of the oppobiiion. Judge Peck was returned from Otse||;o^ in spite of the efforts of
Judge Cooper, and other iiiHuentud Federalists. The Federal candidates for beuators, Messrs. Uat&eld and <yoles, were elected in the Southern District. In the Middle District, Isaac Bloom, John llathorn, and John <Suffem, Kepublicans, were elected. Zina Uitcbcocki Ebenezcr Russell, and Moses Vail, from the Eastern District : and Moss Kent and Vincent Matthews, from the Western, were elected by the Federalists.
During the sunmierof 1799, the prosecutions u hich were instituted under the alien and sedition laws, turned the current of public opinion strongly in favor of the Democratic party. Chaiies Holt, printer of the Bee, an influential Democratic journal, published at New-London, Cormecticut, was prosecuted and im- prisoned. A Mr. Baldwin, of Isew-Jersey, was fined >one Jiundred dollars, for expressing the wish that the wadding of the cannon, fired on the occasion of Mr. Adams' passing through Newark, had lodged in the President'? backside. Judge Peck, of Otsego county, was also prosecuted, for circulating a petition, written by Gen. John Armstrong, in his usual caustic style, for the repeal of the alien and sedition laws. These, and similar circumstances, contributed, in a wonder-
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72 POLITICAL FAETIB8
ful degree, to inevease the feeling of antipathy to liie
measures of the Federal party, and eventually threw them into a minority in the State and naticm,
Geoi^ Washington died at Moimt Ternon, on the 9th day of December, 1799. The intelligence of his dissolution flew, like an electric shock, from one fix.- tremity of the Union to the other. The embittered par- tizan feeimgs ol tiie hour were at once hushed, in view of the irreparable loss which the nation had sustained. The strife of party, and the fierce contests of opposing lactions, gave way to the spontaneous tributes of grate-* ful affection, which swelled in every heart, and trem- bled on every lip. The eventful career of " the Ciucni- natus of the West," had been invested with an air <rf moral grandeur, without parallel in the history of the world; and it was, indeed, most appropriate, that its close should be attended with the blessings of his countr^aiicii, and that his services and lame shoidd be embalmed in the memories of a free and happy people. The recollection of such a life*<*the specta- cle of such a death — might well put to shame the fondest hopes of the demagogue, and the brightest as- pirations of the statesman.
The New- York Legislature assembled at Albany, on the 28th day of January, 1800. Mr. Ten Broeck was re-elected Speaker. The Governor's speech al- luded, m just n nd eloquent terms, to tlie life and char- acter of Gen. Washington, and recommended further statutoiy provisions for the support of common schools, and sundry amendments of the existing laws of the State. Samuel Haight, Robert Sands, James Gordon^ and Thomas R. Gold, were elected members of the
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Coimeil of Appointment, for the ensntng year. The
salary of the Comptroller was reduced at ihis session, fiom three thousand to two thousand five hundred
dollars. In consc(|iieuce of this reduction, Mr. Jones declined a re-appouitment, and John V* Ueury, a member of Assembly from Albany, and afterwairds known as a successful lawyer, was selected to fill the office. Jiidge Peck again brought forward his plan for dividing the State into districts, and the choice of Presidential Electors by the people. The bill encoun- tered' the zealous opposition of the Federalists, and was rejected in the Assembly, by a vote ot fifty -five to forty-seven. On the 3rd day of April, Govemeur Morris was elected to fill the vacancy in the United States Senate, occasioned by the resignation of Mr. Watson. Peter Gansevoort, of Albany, was supported as the candidate of the Republican members. The Legislature adjourned on the 8th of April, to meet again on the first Tuesday in November.
The April election terminated in the signal triumph of the Democratic party. Their candidates for the Assembly were elected in the city of New-York, and they also carried three of the lour Senatorial Districts. Six of the ten Ck>ngressmen chosen at this election,
were Republicans. The Eastern District returned James Gordon and Stephen Fink, as Senators. Wra. Dunning, Jonathan Purdy, and Benjamin Hunting, were elected in the Southern District; David Van Ness, Solomon Sutherland, John C. Hogeboom, Jaco- bus S. Bruyn, and James W. Wilkin, in the Middle ; and Robert RoselH^iini and Jedediah Sanger, in the Western District. All the Senators elect, with the ez-
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ception of those fix>m the Eiastem District, and Mr. San- ger, who was supported by the Federalists, and after- wards acted with them, were Kepubiicaiis. Consider- able tact was manifested in selecting the Republican ticket in New- York city. The rivahy between the two fan^lies, of the Livingstons and Clintons, and the jealousy which both entertained of Col. Burr, required the most careful management Through tlie adroit- ness of Col. Burr, a ticket was finally selected, at the head of which was placed Gov. Chnton. Brockholst Livingston, Jolin jSwaitwout, the intimate friend of Burr, Gen. Horatio Gates, one of the heroes of the rev- oiutioii, John Broome, subsequently Lieut. Governor of the State, Henry Rutgers, and Samuel Osgood,* were among the other candidates. It was an easy mat- ter to unite the Democratic party in support of such a combination of talent and influence, and the result proved the fitness of the selection. Col. Bu 1 1 1 1 imself, was elected a member from the county oi Oxaijge. Smith Thompson, late one of the Associate Judges of the United States Supreme Comt, entered into pui^lic life this year, as a member from Dutchess county*
The result of the New-York canvass, rendered the election of Mr. Jefierson, as President, almost a mat- ter of certainty. Congress was in session at this time, and arrangements were inunediately set on foot by the Republican members, to promote tlxe election of their candidates. As there was not a dissenting voice heard in opposition to Mr. Jefferson, it only be- came necessary to fix upon a candidate for the Vice Presidency ; and, at an informal caucus, lield at Phil- adelphia in the month of May, it was agreed that
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that officer idiould be taken from New-York. The
imnes of ChaiiceJior Livmgstou, Cjov. Climou, and Col. Burr, were mentioned ; but as the state of public feeling in New- York w;is not then Jcnown, it was thought advisable to postpone all definite action, until Mr. Gallatin had corresponded with his friends at home. That gentlemau accordingly addressed a letter to Com. NickolsQp, making the necessary in* quiries. The Commodore was soon convinced, that the deafness of Chancellor Livingston rendered him altogether impracticable, and decided on recommend- ing the nomination of Gov. Clinton, who had earnest- ly refused the use of Ins name, on account of his ad- vanced age, impaired health, and the situation of his 1 luiiJy, but finally gave his consent, witli the luider- standing that he should be at liberty to resign, when he felt it to be necessary for him so to do. On show- ing the letter wiuch he had written, to Col. Burr, the latter expressed some dissatisfaction with the Com-
modore^s recommendation, and the iiUerview ended in the substitution of the name of Burr, for that of Gov. Clinton. Whatever may have heen Gov. Clin- ton's views iu i-egard to this migenerous treatment, he supported the nomination of JefTersonand Burr, with perfect good faith, both in the Legislature and, . out of it.
On the 7th day of May, Gen. Hamilton, at the in-
.^tigation of a caucus of his poUtK al friends, held in the city of New- York, addressed a letter to Gov. Jay, wannly urging upon him the importance of calling an extra sessioti of the existing Legislature, a majori- ty of which were Federalists, for the purpose of fore-
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Stalling: the action of their successors in the choice of Presidential Electors, or of dividing tlic State into Electoral Districts^ in the hope that a sufficient nmn- ber of Electors might be secured to defeat Mr. Jeffer- 80n. Gov. Jayi as has been previously mentionedi refused to listen to the entreaties of Gen. Hamilton ; which put an end to this attempt to frustrate the wishes of the people* The conduct of Gen. Hamilton durinof the Presidential canvass, famishes many strong arguments to show that he regarded President Adams as a rival in the affections of the northern Fed-! eralists. On the 22d of October, ISOO, a few day^ previous to the choice of Presidential Electors, a pam- phlet, attacking^ "the public conduct and character of John Adams," in tixe most vindictive language, which was written by Gen. Hamilton, in the form of a letter, and doubtless intended for his confidential friends, was made pubhc, and widely circulated throughout | the Union. The letter spoke of Mr. Adams as being **a man of an imaguiation sublimated and eccentric, ! propitious neither to the regular display of a soimd judgment, nor to steady perseverance in a systematic plan of conduct ; and to this defect is added the un- fortunate foible, of a vanity without bounds, and a jealousy capable of discoloring every" object." The writer also avowed his preference for Mr. Pinckney, of South Carolina, at the election in 1796 ; and, while he did not " advise the withholding from Mr. Adams | a single vote" at the then approaching dection, he | claimed "an equal support" for Mr. Pinckney. How far the statements in this letter, and the conduct of Gen.<^Hamiiton himself^ warranted the charge which
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POLITXCAIi FARTOBS
ensuing year. Mr. Sanders was the only Federal among the number. The old Coimcil, however, un* like their Republican predecessors in 1794, continued to act until the close of the year, notwithstanding they had once advocated the doctrine that it was a dangerous and unconstitutional usurpation of power.^' The Legislature adjourned on the 8th of November, to the last Tuesday in January ; at which time it re- assembled.
But little business of importance was transacted^in | either house, during the winter session of 1801. On j the 11th day of February, Gov. Jay nxet the new I Council of Appointment. The Governor nominated Jesse Thompson, for Sheriff of the county of Dutch- ess, and the Council refused to concur in the nomina- tion. He then nominated seven other persons, in sue* cessiou, for the office, who were all rejected. At 1 ihe same meeting, other nominations were made ; which were approved. The Council then adjourned ! to the 18th of February, at which time Robert Wil- liams, a Republican, was appointed Sheriff of Duteh* ess. Oa the 24th. another meeting was held, at which the Governor nommated Benjamm Jackson, as Sherif of Oran^ county. . The Council rejected this nomi- nation, and several others, which were made for the same office. Dewitt Clinton then nominated John Blake, Jr. The Governor declined putting the ques- tion, and nominated John Nici^olson ; whereupon the RepuUican members of the Council refused to vote. Mr. Jay then stated that he desired time to consider upon the proper course to be pursued, and the Coun- cUa^fourMd. Theymienevaf OQUvened again, dn*
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ring the administration oi Gov. Jay. it will be seen that the same questions which had preyionsly arisen between Gov. OKnton and' a Federal Council, were those upon wliich Gov. Jay and the Republican Cotmcil now disagreed. The Governor insisted onr the exclusive n'^la of noriiination, aihl the Couticii claimed a concurrent right. On the 26th of Febru- ary, Gov. Jay sent a messasfe to the Legislature, set- tino: fortli the difficulties between himseif and the Council, and asking their direction in the premises. A resolution was adopted by the Assembly^ declaring- that tiie question was a constitutional one, which it beionsred to the Governor and Council to decide. The Goveruor also addressed the Chancellor, and Judges of tile Supreme Court, requesting their opinion ; which they unanimously declined giving, on the ground that it was wholly an extrajudicial matter. On the ilih of March, Messrs. Clinton, Spencer, and Roseboomy addressed a communication to the Assembly, in w liich they went into a train of argument to estabiisli the right of the Council to make nominations, and in- stanced the appointment of Judge FJenson during the administration of Gov. Clinton. This communication reflected, in pretty severe terms, on the conduct and- motives of Gov. Jay, and is said to liave been written by Jud^e Spencer.
i*r(>vious to the adjournment of the Legislature, a bill was passed, directing the sum of one hundred thousand dollars to be raised, by four successive lot* teries ; twelve thousand five hundred dollars of which should be distributed by the Regents of the Universi- ty^ among the academies ; and the residue appropria-
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ted for the encouragement of common schools. The most active members in procuring the adoption of this
measure, were Judge Peck, of Otsego, and Adam Comstock, of Saratoga. The dispute between the Governor and Council, rendered it desirable that this vexed question of the right of nommation should be settled, and, for this purpose, an alteration of the Con- stitution was suggested . As that instrument contained no provision for its amendment, the Legislature jpassed a law on the 6lh of April, entitled, An act recom- mending a Convention." By tiiis law, all freemen, ' over twenty-one years of age, were allowed to vote for delegates to attend a Convention, to be held at Albany, on the second Tuesday of 0( tober, to take into consideration the provisions of the Constitution in relation to members of the Senate and Assembly, and the powers of the Governor and Council of Ap- pointment.
During the winter of 1801, the singular and unex- pected result of the Presidential election, occasioned no little excitement. Upon canvassing the votes, it was found that Mr. Jefferson and Mr. Burr had each received seventy-three votes, Mr. Adams sixty-five, and Mr. Pmckney sixty-three. There was, of course, no election by the Electors, and the matter was re- ferred to the House of Representatives. The vote was taken in that body, by States. Eight out of the sixteen States were Republican, six Federal, and two equally divided. A majority of the whole was necessary to a choice. In this conditiou of things, the charge was brought against Col. Burr, of intri- guing to secure his own election, in preference to that
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of Mr. JeflEeiBon. Indeed, it appeaxs from the state*
meat of Jonathan Day ion, one of the leaders of the Federal party in New-Jersey, that the Electors of that State, who were Federals, had previously en- tered into an axrangeuient with Col. Burr, to vote for him, in case the defeat of Mr. Adams was rendered certain^ even with the vote of that State, and to leave off the name of Mr. Jctierson, which would have se* cured his election. This plan was not carried into effect, for the reason that the result in IVniisylvania was different from what had been anticipated. Mx. Burr, and his intimate friend and adviser, William P. Van Ness, were in Albany while theejccuuig scenes of the Presidential contest were transpiring at Wash- ington. Previous to the election in the House of Rep- resentatives, the latter addressed a letter to Edward Livingston, a member of Congress from this State, in which he stated iliat it was th(^ sense of the Repub- lican party of this State, that alter some trials in the House, Mr. Jefferson should be given up for Mr. Burr.*' These, and otlier facts, were adduced in support of the charge of bad faith made against Col. Burr, and were commented on, at length, in the "View'* of his political conduct, written by Mr. (Jheethani, and published in 1802. Judge Van Yess, on the other hand, denied the imputation of sinister motives, in a pamphlet writ- ten by him over the signature of *Aristides\ It was impossible to convict Col. Burr of an overt act of treachery to the RepubUcan party ; blill, it is not to be doubted that he was cognizant of the movements which would be made at Washington, inasmuch as a conjBideiitial.friend of his, David A. Ogden, was there 6
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during the whole time, and probably had some pre- yious communication with him. The warmest friends of Col. Burr cannot deny, that it was in his power to have prevented the result which ensued. He was not the candidateof the party for the Presidency, although, under the existing law, he might iiave been chosen by the House ; and every thing goes to show, that he was willing to be used by the Federalists to defeat Mr. Jeflerson. After balloting thirty-six times, the contest finally terminated in the choice of Mr. Jeffer- son as President, and Mr. Buir as Vice President. This result was produced by Mr. Bayard, a Federal member from Delaware, who changed his vote, from Burr to Jefferson.
The rejoicings of the Democratic party in ibis State, over the result of the election, were of the most enthusiastic character, and vigorous preparations were at once made, for the success of the Republican ticket at the approaching Gubernatorial election. Gov. Jay had previously, on several occasions, signified his in- tention to retire to private life, at the close of his ofRr- cial term, and, in December, 18UU, he had declined a le-appointment to the office of Chief Justice of the United States, tendered to him by Mr. Adams. His views were feelingly expressed, in a letter addressed to the Federal members of the Legislature, in reply to their solicitations to become a candidate for another term. His determmation could not be shaken ; and he left the public service, amid the regrets of the party which had elevated him to the high station he had occupied, and with the sincere respect and esteem of by far the larger portion of his political opponents.
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CHATTER IV.
ISOl^eorge Clinton elected Governor, and Jeremiah Vai) Rr-nsse- Imt Lieutenant Governor— Detaila of the April £iecti«u~-Eiec- tiOQ oi Delegates to the State Convention--. WiUinm P. Van Ness
Daniel D. Tompkins— Proceedinrrs oftlie Ccnvention— Prooosed Amendments to the Constitution--Gov. Clinton and the old Coun- cil of Appointment— Dividioiii of the Republican Party— Move- ments of Dewitt Clinton and Ambrose Spr nrcr— -the Clinton and livingston families— Sylvan us Miller, i iionias 1 iilotson, Elisha Jenkin8->Removal8 of the Council-Controversy between Mr Spen- cer.and J udge Foote,of Delaware county-The Central A p poi nt i ne Power— Resignation ot Chancellor Livingston, and Appointment of John Lansing Jr.-Morgan Lewis appointed ChidT JusUce. and iirockholst Livingston and Smith Thompson, Judges of the Supreme Court — Session of the Legislature in I?^ )2— De witt Clin- ton appointed United States Senator— Xow apportionment of the Members of Assembly— Election in April, 1802— Col. Burr aban- doned by a maionty of the Republican party— Cheetham's Review of Burr's Conduct— Pamphlet of Judge Va-. Ness— Duel between Dewitt Clinton and John Swartwout-Lei^islature of 1803— Solo- mon Sonthu :< Ic -Gcn. T]ru'Iey elected United States Senator, over Mr. VVooawortii,the regular candidateof the Republican Caucus- Abraham Van Vechten— Charter of the New- York State Bank-^ April Election in 1803— Success of the Democratic Party through- out the Union--Dewitt Clinton appointed Mayor of the city of New- York, and Gen. Bailey Postmaster— Legislature of 1804— John Armstrongand John Smith elected United States Senatora— Ambrose Spencer appointed a Judge of the Supreme Court and John Woodwortli Attorney General— The Restraining Law— Pros- ecution of Harry Croswell for Libel— Nomination of GeorL'e Clin- ton as the Republican candidate for Vice President— Morgan Lewis select^ by the Republicans as their candidate for Gov- ernor— Col. Burr the opposing candidate ^1804.
George Clinton and Jeremiah Van Rensselaer were put in nomination for the offices of Governor and Lieutenant Governor, at an early day, by tlie Repub- lican members of the Legislature. After the declen- sion of Gov. Jay, the Federalists nominated Stephen
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Vail Rensselaer and James Watson. At ihe election in April, 1801, Mr. Clinton was elected Governor, by ti iree tlioiisand nine hundred and sixty-five majority, aud the general result was higiily favorable to the De- mocratic party. A large majority of the members ci Assembly elected were Republicans. The Senators
-H^hosen, were equally divided. Ezra L'Hommedieu from the Southern ; James G* Graham, Jacobus S. Bruyn, and Peter Van Bergen, from the Middle ; and
♦ John Tayier and Christopher Hutten, from tlie Eastern District, were Republicans. Abraham Van Vechten, Ebenezer Clark, aud James Van Schuoiilioven, from the Eastern ; and Lemuel Chipman, John Myers, and Isaac Foote, from the Western District, were Ped«r-
. -alists. The result in the Western District was wholly tinexpected, as it had given a Democratic majority in 1800, and was probably occasioned by local causes, not particularly connected with political questions.
The election of delegates to the State Convention, called ia pursuance of the act of the Legislature,
' came off in August, 1801. Several gentlemen who subsequently took an activo part in the politics of tbo State, were elected members of the Convention. John V. Henry was chosen from Albany comity; Dewitt Clinton, from Kings ; Smith Thompson, from Dutchess; Aaron Burr, from Orange county; and William P. Van Ness, and Daniel D. Tompkins, af- ter waidoi Ciovernor of the State, from tlie city of New- York. A large majority of the delegates were ^er publicans. The Convention met at Albany, on the 13th day of October, aud organized by the unani- mous election of Col. Burr, as President. The busi- <
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ness of the Convention was reslrictcd by the act, to two subjects.]) The reduction and limitatidn of the number of members of the two houses of the Legislature, wae soon disposed of, by the adoptioa of ameiidmr nts, pro- viding ^Uhat the number ofmembers of Assembly, here- after to beelected, shall beone hundred, and shall never exceed one hundred and lifly f and that the £>enate dhottld consist of thirty-two members, to be appoiv tioned by the Legislature among " the four great Districts of the State." The Legislature were also aufhoritsed, on the return of every census, to increase the number of members of Assembly, at the rate of two members for every year, until the whole numlior
amounted to one hundred and fjfiy. The rrvrKiiDiiig question, as to the construction of the provision of the Constitution in relation to the right of nomination to office, g-ave rise to a debate, in which Mr. Henry argued in favor of the exclusive right of the Govern-' or to make nominations, and Dewitt Clinton took the opposite ground. The debate was ended, as mi^ht have been expected from the singular position which both parties had occupied on this subject, by the pas- sage of an amendment, declaring that by the true construction of the twenty-third article of the Con** stitution of this State, the right to nouiinatc all offi- cers, other than those who by the Constitution are directed to be otherwise appointed, is vested'concur- rently in the person administering the government of this State for the time being, and in each of the members of the Council of Appointment." But four- teen members voted against the adoption of the last amendment, among whom was Daniel D. Tompkins,
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who subsequently, in the Convention of 18S1, cm-
gratulated himself, that, at the early age of twenty- six, he had resisted this encroachmwt on the rights of the Executive. Dewitt Clinton also lived to re- gret, from his own experience, that he had sanctioned so violent a construction of the Constitution.
The old (joiincil of Appointment continued in of- fice aft^ the expiration- of Gov. Jay^s term, in July, and were called together by Gov. Clinton, on the 8th of August, and on several subsequent occasions. The movements of this Council created no little disturb- ance in the public mind, and exercised a controlling iniluence over the politics of the State for a series of years. The Republican party in New-York may be ^ said to have had, at the time of winch we are speak- ing, three separate leaders. These were, the CUn* tons, the Livini^ons, and Aaron Burr. The friends of Gov. Clinton were by far the most numerous ^ the Livingstws possessed more influence, on account of
their great wealth ; and Col. Burr was supported by a small number of zealous personal adherents, and devoted admirersof his unrivalled talents, as a politi- cal tactician and manager. The Chntons were rep- resented in the Council, by the nephew of the Gov- ernor ; and the Livingstons, by their relative, Mr. Spencer. Mr. Roseboom, the otiier Republican mem- ber of the Council, does not appear to have been a very shrewd poUtician, and was easily persuaded to follow the lead of Messrs. (Jimton and ^Spencer, on all important questions. These two gentlemen were then in the meridian of hfe ; both were active, tal- ented, and ambitious. Previous to the meeting of
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tiie Council in August, the conduct of Cd^fitin: dor-
ingf the late Presidential election, had been severely crUicised, and, it would seem, that he had already lost the confidence of a large majority of the Republi- can party. Dewitt Clinton had aibo publicly avowed the opinion, that the principal Executive offices in the State, ought to be filled by the friends of the admin- istration, and the more unimportant oliices propor- tionately distributed between the two parties. The result was, that all the important appointments were divided among the Cimtons and Livingstons, and their personal friends and supporters.
At the first meeting of the Council, several gentle- men were apppointed to office, whom Gov. Jay had previously refused to nominate. Sylvanus Miller, then a resident of the county of Ulster, and through life the unwavering friend of Dewitt Clinton, was appointed Surrogate of New-York. Edward Liv- ingston, then a representative in Congress, was cre- ated Mayor of the city. Doct. Thomas Tillotson, a <:onnection of the Livingstou family, by marriage, was appointed Secretary of State, in the place of Daniel Hale, removed. Elisha Jenkins, a merchant in the city of Hudson, was made Comptroller, in the place of John Y. Henry, also removed. Mr. Henry refused, ever after, to accept any office, and devoted himself wholly to liis profession. Various other re- movals from minor offices, were pade at this meeting of the Council, for which no reason was given, ex- cept that the political opinions of the incumbents d i ffered from those of the majority. Gov. Clinton did not concur in the propriety of these removals, and
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caufted his protest against the same to be efitered on
the journal. In other cases of a similar kind, he re- fused to sign the minutes of the Council.
A meeting of the Council was held on the 11th of August, at which Richard Riker was appointed Dis- trict Attorney, in the place of Cadwallader D. Golden ; Tennis Wortman, Clerk of the city of New- York, in the place of Bx>bert Benson; John B. Prevost, Re* corder, in the place of Richard Harrison ; and John McKisson, Clerk of tlie Circuit, in the place of Wil- liam Coleman, who afterwards established the Eve- ning Post, under the patronage of Gen. Hamilton, and was understood to promulgate the sentiments of that gentleman through its columns.
At the subsequent meetings of the Council, a great number of removals and appointments were made,' in addition to those above enumerated Among others^ Ebenezer Foote, a gentleman of very respectable standing, and a Federalist of considerable influence^ was removed from the office of Clerk of Delaware county, and Philip Gebhard appointed his successor^ This removal was animadverted upon by the Federal press, and was defended by a writer in the Albany Register, over the signature of Friend of Justice,'' who charged Mr. Foote with official misconduct, in causing Mr. Gcbhard's name to be stricken from the roll of Attorneys of the Delaware Common Pleas. This article led to a correspondence between Mr. Foote and Mr. Spencer; the latter of whom was charged with being the author of the commtniication. In his reply to Mr. Foote, Mr. Sj>encer denied the au- thorship of the article, and, in speaking of Mr. Foote's
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remoralj said : " It was an act of justice to the public, inasmuch as in removing yau, the verieat hypocrito and the most malignant villain in the State, was de* pri ved of the power of perpetrating raiscUief- • * ♦ If, as yon insinuate, your interests have by your re- moval been mater ivilly affected, then, sir, hke many men more honest than yourself, earn your bread by the sweat of your brow." Mr, Poote replied to this severe, and scarcely merited rebuke, by attempting to give a sketch of Mr. Spencer's life, and charged him, among" other things, with having deserted the Federal party, in consequence of Gov. Jay's refiisnl to nominate him to the office of Comptroller. This charge was not substantiated by any proof, aIthou4(h Mr« Spencer absolved the whole world '^from the in- junctions of secrecy, and the restraints of delicacy, on tiie subject," and was doubtless made without any fonndiition whatsoever, except mere surmise.
The twenty-eighth article of tlie Constitution of 1777 required, that " new commissions should be is- sued to Judges of the County Courts, other than the First Judge, and to Justices of the Peace, once at the least in three years." Under this provision, (he ma- jority of the existing Council of Appointment thought proper to issue new commissions to most of the coun- ties in the State, in which the Federal Judges and Justices were omitted, and the names of Republicans inserted m their stead. In this way was the machin- ery of the appointing power first set in motion, and it continued to strengthen itself, until every nook and comer of the State was made to feel its influence. The dispensation of the Executive patronage soon be-
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came, as it were, a political solar system of itself; every town aad county possessingi in the pexsom of a few leading and active RepublicanSi the lesiser lu- minariesi which borrowed the light, and reflected the radiance, of the great central sun at Albany. The sanctity of justice was invaded, in the prostitution of its ministrations to subserve the purposes of political as- pirants, and the ermine of the ^bench polluted by the contammatioris which were inseparable Iroxn tlie par- tisan contests of the day.
During this year, Chancellor Livingston became incompetent to hold his office, on account of his age, and was succeeded by John Lansings Jr., then Chief Justice of the Su])reme Court. Mr. Livingston was aubsequently appointed Minister to France, and suc- ceeded in negotiating the treaty for the acquisition of the Territory of Louisiana. The vacancies on the bench of the Supreme Court, occasioned by the pro- motion oi Judge Lansing, and the resignation of Judge Benson, who had been made a Judge of the United States Supreme Court, were iGlled by the appoint* juent of Morgan Lewis, a connection of the Liv- ingstcm family, as Chief Justice; and of Brock- hoist Livmgstoii, as an Associate Judge. Smith Thompson, who married a Livuigston, was also ap- pointed an Associate Judge of that Court.
The next session of the I^eefislature commenced on the 26th day of January, 1802* Thomas Storm, of New- York, was chosen Speaker. Benjamin Himtini^. James W. Wilkin, Edward Savage, and Lemuel Chipman, were elected members of .the Council of Appointment. Gen. Amibtron^ resigned his, seat in
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the United States Senate, early in the sessioL, and, <m the Ath of February, DewiU Clmton was ajpyoiiiiBi his successor. At the first meetinf of tte iMV Coon- cil, Ambrose Spencer was appointed Attorney Gench nd, in the place of Mr. HoffiaaaD, who had resigned the office. William Stewart, of Tioga county, a broiher- ia-kw of Gov. Clinton, was restored to the office o£ District Attorney of the counties of Ontario, Tiegii 4c.,iiom which lie liad been removed by the Federal Gomicil during Gov. Jay's administration, and which Lad become vacant by the resignation of Nathaniel W. Uowell. At the session of the L^gtalatoie im 18Q2, but little business of importance was transact- ed, except the apportionment of the members of As- sembly anumg* the several counties of the Slate, m> cording to their population. A resoiutiou was also inttodaeed, by Mr* Clinton, proposing an amendHieQi to the Constitution of the United States, which pro- vided for the division of the State mto single Electa- nd Districts, and required the declors to designate oa the ballot, which candidate wt^ their choice Htm Piesident, and which for Vice President This leso- lution was adopted.
The liepublican party succeeded m electing ail the Senators, and a majority of the members of AsKmhly^ at the election in April, 1802. No Senators were elected in the Eastern District this year. John Schenck was chosen m liie Southern District : Solo- Qum Sutherland and Abraham Adriance, m the Mid* die; and Jacob Sndl, Matthias B. Tahnadge, Aaa Daiiforth, Joseph Annin, and George Tillany, in the Western District
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Soon after the spring election, Col. Burr was openly denounced by the majbrity of the Democratic
party. The American Citizen, their organ in the city of New- York, denounced him as a traitor to the cause, and cliarged him with iiitrii^niinof to defeat Mr. Jefferson, and to secure his own election to the Presi> dency. James Cheetham, an Englishman by birth, and a vigorous poUtic^l writer, was the senior editor of this paper, and was supposed to be under, Hie in* fluencc of Dewitt Clinton. Oi] the otiier hand, tht Morning Chronicle, which had been established by Gol. Burr and his friends, and was edited by Dr. Irving, a genileiuan of very creditable literary attainments, accused the Clintons and Livingstons of being inftit enced by an unworthy ambition, and of corruptly parcehing out the ofiices in the State, among their own relatives and friends. It was also alledged, tfalit the opposition to Col. Burr arose from a desire to place a favorite of one or the othier of these £Eimiiie( in the position he occupied. This controversy was carried to the extreme, on both sides, and seriously affected the social and pecuniary, as well as political relations, of those who were more prominently con- nected with it. The Manhattan Bank was at this time controlled by the opponents of Col. Burr, who succeeded in removing him, and his attached personal and political friend, CoL John Swartwout, from the board of Directors. Judge Brockholst Livingstou 'was the successful candidate over Mr. Swartwont. While this controverafy was pending, a serious dfflB- culty arose between Dewitt (Jlinton and Mr. Swart- wout. The former had applied to Mr. S. the oflfens-
*
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i?e egilfaflts of ^4iaiy' ^^scouiidrcl/' and villain/' in xafeience to 4ie charge brought against himael^ (oi
opposing Col. Burr from selfish and UQworthy nio- Uvesy whereupon he received and accepted a chal- lenge frcm Mr. Swartwout Five shots weie ez- ch4tiged at the meeting, and Mr, Swartwoul was t^mkfs wounded. Mr. Chnton declared that he had no personal enmity towards his opponent, and the lat- tax was finally coaipeiit'd to quit the field, upon the tamest remonstrance of the surgeons in attendance.
The celebrated pamphlet,writteu by Mr. Cheetham, entitled A view of the PoUtical Conduct of Aaron Burr," was published during this season, and was soon followed by another pamphlet, reviewing the course of the Clintons and Livingstons, signed " Aristides," and written by ^\ illiani P. Van Ness. These paiu- pixletfi reiterated the charges a^inst CoL Burr, the Clintons, and Livingstons, of which we have before «poJii:eu, and were written in an extremely vitupera- tire tone. Many new facts were adduced by Mr.
Cheetham, which bore stronijly against CoL Burr, and le£t little doubt in the minds of a great majority of his countryinen, that his integrity as a poUiician was deservedly suspected. The malignant feelings of liie writer were. so palpable in the production of Mr. Van
Ness, tliat it failed of producing that couiiteracUng in- fluence ibr which u was probably designed. Still, it must be admitted, that the chai go brought against the Oiin tons and Livingstons, of dividing the otlices among theniselves, was sustained by the fa«ls. Most of the more valuable offices were held by tlie mem- bei9| ox coupectious, of ihe$e two fau^iiies ; and, it luay
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be added, as a palliating circumstance) at least, that
they were, in general, exceedingly well filled. The Kepublican press out oi the city of New- York, for a long time declined to interfere in this controversy ; but the violent manner in which Dewitt Clinton and Ambrose Spencer, the acknowledged leaders of the party, had been denounced by Col. Burr, Mr. Van Ness, and others, induced Mr« Barber, the editor of the Albany Register, on the 16th of November, to declare that Mr. Burr had forfeited the confidence of the Re- publicans of the State. The Democratic journals in the interior, with a very few exceptions, fully concurred with the Ilegister in this declaration. -
The State Legislature assembled at Albany, on the 24th day of January, 1803. A very large majority of the Republican members were opposed to Ck>l. Burr. Mr. Storm was re-elected Speaker. Solomon South- wick, then a young man, of fine talents and pleasing address, and the brotber-in-lav of Mr. Barber, the pro- prietor and editor of the Albany Register, was elected Clerk of the House, by a TOte of forty-two, to thirty- one for Mr. Van Ingen, the old Federal incumbent ; some ten or eleven Republican members, voting, with the Federalists, for the latter gentleman. As the term of service of Governeur Morris was to expire on the 3rd of March, an active and spirited canvass vns had, for his successor. Theodorus Bailey, of Dutch- ess county, and John Woodworth, of Renssela^, were the Republican candidates. At the Republi- can caucus, held on the evenmg preceding the election, which took place on the 1st of "February, Mr. Bailey had thirty votes, and Mr. Woodwortb forty-
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five. Hatthiafl B. Tal nrndgCi a Senator from the VV est- era District, and the brother-in-lav of Gen. Bailey,
with James Biirt, a nieniber oi tlie House, from Or- ange county^ and a number oi other Hepubhcan Sen* atoTs and representatives, entered into a coalition vith the Federalists, to elect Mr. iiailey, who was in Con- gress during the Presidential contest of 1801, and was said to be friendly to Burr, allhouorh he was afterwards appointed Postmaster at New- York, by Mr. Je&rson. The vote on Senator, in the Honse of Assembly, stood, for Woodworth fifty-three, Morris eighteen, and Bai- ley nineteen. Previous to the meeting of the Senate^ a caucus of the Federal members was held, through the instrumentality of Abraham Van Yechten, at which it was decided to support Mr. Bailey, in opposition to. Mr. Woodworth. When the nomiiuuion of a Senator was brought up in the Senate, the Federalists voted for Mr. Morris ; consequently, there was no choice. A resolution was then offered, that Mr. Bailey be nomi- Dated on the part of that body, which was adopted by the votes of Messrs. Adriance, Briiyn, Gordon, Hat- field, Hathorn, Hunting, L'Hommedieu, Sufl»rn, and Talmadge, Republicans, and Messrs. Chipman, Foote, Hitchcock, Kent, Lawyer, Van Schooiilioven, and Van Yechten, Federalists. Upon comparing nomina^ tions, it was found that the two houses disagreed ; whereupon a joint ballot was had, the result of which was, that Mr. Woodworth had fifty-seven votes, and Mr. Bailey fifty-nine; the Federahsts uniting with Mr. Talmadge, Mr. Burt, and their friends, in the sup- port of the anti-caucus candidate. During this session, a deficiency in the accounts of
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tbe Treasurer, Robert Mc Clellan, who was appointed wbile Mr. Jay was Governor, to the amount of thirtj* three thousand dollars, was disco vered, and Abraham G. Lansing, a brother ot tbe Chancellor, was appoiat-, ed to the office, in his stead. A. more rigid system of testing the correctness of the accounts of iiie financial officers of tbe State, was at the same time adopted. The New- York State Bauk, at Albany, was incorpo- rated this year, by an act whicli passed tbe Legisla- ture Oil the 19th day of March. There were, at this thaoe, but three banks north and we^t of the city of New- York : the Bank of Albany, chartered in 1792, with a capital of two hiuidred and forty thousand
dollars ; the Bank of Columbia, at Hudson, chartered
in 1793, with a capital of one hundred and sixty thousand dollars; aud the Farmers' Bank, betweeu Lansingfourgh and Troy. The Bank of New- York, whicli received a charter from the State in 1791, pos- sessed a capital of one million of dollars, and was principally controlled by Federalists. The stock of tbe Manhattan Company, of which mention has al- ready been made, was principally owned by members of the Republican party. Tlie applicants lor the charter of the New-York State Bauk, a large majority of wlioin claimed lo be Republicans, represented that the Bank of Albany was under the entire control o tbe Federalists, and. that its' influence was exerted to oppress busiuess men connected with the Republican party. The petitioners also desired a lease of the
salt springs in the Stale, lor a period of years ; stipu- lating that salt should always be in readiness for salci at the wofks in Salina, at a price not exceeding five
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shiiliugs per bushel, and to pay the Stale the sum of three thousand dollars a year renti for the first ten years ; three thousand five hundred dollars for the ,second ten years ; and four thousand dollars annually thereafter. Among the petitioners were, John Tayler, Ehsha JenkuiSjTliomasTillotsoiijand Aiiihrose Spen- cer. Elkanah Watson was the most ethcient agent of the company in procuring the charter of this avowed political machine, and in drilling the niein- l)ers into its support. The clause in relation to the salt works was stricken out of the be to re its final passage; the Western members having protested against conferring this important monopoly on the •company. In order to insure the passage of the bill, a pledge was given to some of the members^ that those who voted for it should have stock in the bank. This was the origin of a corrupt practice, which af- terwards exercised a powerful influence on thelegisla- ^tion of this State. The bills to charter the Merchants^ Bank of New- York, and the Mercantile Company of Albany, failed of becoming laws at this session, in consequence, as was said, of the desertion of the iriends of the New- York State Bank, after they had carried their own favorite measure.
The Council of Appointment chosen at the session of 1803, consisted of Ebenezer Purdy, John C. Hoge- boom, Jacobus Van Schoonhoven, and Jacob Snell.
The Democratic party were successful at the April elections, in New- York, and in most of the other States in the Union. This result was mainly pro- duced by the great personal popularity of Mr. Jeffer- •son at the South, the repeal of the sedition law, and
7
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the general prosperity of the country. John Broome was elected Senator in the Southern District ; Robert Johnson, Joshua H. Brett, and James Burt, in the Middle; John Tayler, John Woodworth, Edward Savage, Simon Veeder, and Thomas Treadwell, in flie Eastern ; and Caleb Hyde in the Western District. AlltheSenatorselectwereRepubhcans. The House of Assembly was composed of eighty-three RepublicanSy and seventeen Federalists.
Edward Livingston resigned the office of Mayor of New- York, in the summer of 1S03, on account of its being incompatible with the office of United States Attorney for the district, to which he had been ap- pointed, by Mr. Jefferson. The emoluments of the Mayoralty were at that time very considerable, and the office was eagerly sought after by men of the highest standing. Morgan Lewis, Chief Justice of the Supreme Court, and Dewitt Clinton, were bo A candidates for the office. The latter finally received * the appointment, and resigned his seat in the Senate of the United States. Mr. Clinton liad discliara^ed the duties of Senator, in a manner highly creditable to his constituents, and his talents and character were held in high esteem. His prospects, in a political point of view, were never fairer, than at the very period when he detennined upon leaving the Senate. His pecuniary circumstances were not such as to require his acceptance of the office of Mayor ; on the contrary, it proved in the end to be extremely disastioos to him in this respect. The only reaaui whicli can be offered, for his voluntary return to a participation in the broils and contests of the difier-
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eat factions in the State, is, that lie had been so long identified with the movements of the Demociatie
party^ lie feared to entrust the operation of its ma- chinery to other hands, lest it might be exerted to his injury. After his return to New-York, his well known liberality, and generosity of character, w^ie taken advantage of by his friends, whose paper he endorsed so freely thai he aftcru^ards became embar- rassed with debts, which troubled him constantly to the end of his life. Gen. Bailey also resigned his seat in the Senate, m consequence of his being appointed Postmaster at New- York.
The session of the Legislature coiiimeueed on the 31st day of January, 1804. Alexander Sheldon, of Montgomery county, was chosen Speaker, and Mn Southwick was again elected Clerk. The Goveruor announced, in his speech, the adoption of the amend- ment to the United States Constitution, requiring the
. Electors to designate their candidates for President, and Yice-President ; and called the attention of the Legislature to the fact, that the State was unrepre- sented in the United States Senate. On the 2d of February, the vacancies in the Senate were filled by the election of John Armstrong and John Smith.
On the 3rd day of February, Ambrose Spencer was appointed a Judge of the Supreme Court, in the place of Jacob Radcliff, who had resigned the office, and John Woodworth was appointed Attorney General. At the same meeting of the Council, William W. Van iNess, a talented young lawyer, and active Federalist,
^ was removed from the office of Surrogate of Columbia iQOU&ty,
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> Oit the 16th of February, John Bro6m&; Abrawtti* Adriance, Thomas Tread well, and Caleb Hyde, were elected members of the Council of Appointnlent.. At tliis session of the Legislaturcj the n ^traiiiins;' law, prohibiting unincorporated companies from exercising the power of banking, was passed. An attempt was elso made to pass a bill, introduced by Mr. Eiuniott, n Federal member from the county of Dutchess; declaratory of the conimou law in relation to giving Ibe truth in evidence in prosecutions for libel, and constituting the jury, in this and other criminal cases, juda:es of the law and the fact. This bill was intro- thaced; in consequence of the conviction of Hany Croswell, the publisher of a Federal paper at Hudson, oalled the Balance, at the February term of the Supreme Court, for a libel upon Mr. Jefferson. Mr. Croswell was ably defended by Wm. W. Van Ness, Eichard Harrison, and Alexander Hamilton. Mr. Hamilton made one of his most brilliant speeches on this occasion, which was fated to be his last at the seat of government of the State. Mr. Emmott's bill failed of becoming a law, in consequence of various i^ifl'erences of opinion in relation to its details.
Preparations were made early in the winter for the Gubernatorial election in April. The great majority of the Democratic party in the Union, having entirely abandoned Col. r>uiT, George Clinton was selected as the Republican candidate for Vice President, with great unanimity. This nomination rendered it necessary to ftx upon a new candidate for the office of Governor. At a caucus of the Republican members of the Leg- islature, of which Ebenezer Purdy was Chairman, ,
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and Samuel Southwick, Secretary, John Lansing ^waa
nominated as their candidate for Guvenior, and John Broome for Lieut. Governor. A meeting of the lead- x ing Federalists, in Albany, was held on the 16th o£ February, at which Gen. Hamilton was present, and advised his friends to vote for Chancellor Lansin|^y "in case they had no caiididute of their own,'^ for the leasou that no reliance ought to be placed on Mr. Burr," whosefriends were determined on bringing him forward, in oppositioti to the regular Republican can- didate. The arguments of Gen. Hamilton failed to convince his hearers, and it was even asserted by some of them, that he was actuated by personal resentment towards Col. Burr.''
On the 18th of February, Chancellor Lansings declined the nomination of the Republican caucus^ although he had first signified his acceptance. On the same day, the friends of Col. Burr, in the Legis-i lature, held a meeting, and nominated their favorite as a candidate for Governor. On the 2()th of the same month, this nomination was approved at a meeting held in New-York, in the proceedings of which, Marinus Willet, Ezekiel Robins, Jonathiux Fisk, George Gardner, David M. Wescott, and Peter Townscnd, participated. A pnbUc meetinsr was soon after held in Albany, at which Burr was xe-uommated for Governor, and Oliver Phelps was brought for- ward as the candidate for Lieut. Governor. The friends of Col. Burr were not numerous, but many of tlu jii were taleuLcd and influential, and zealous and indefatigable in their eHorts. In addition to those whose names have been mentioned, James Burt and
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Joseph Annm, of the Senate, William I'abor, a menoh ber of the House, from Dutchess county, John Van Ness Yates, of Albany, Erastus Bx>ot, ctf Delaware, and Peter B. Porter, then Clerk of Ontario county, all active Kepublicans, -i^ere warmly enlisted in his favor.
The declension of Chancellor Lansing, and the avowed determination of the Federalists, with a very few exceptions, to support Col. Burr, had the tendency to dishearten the Republican party, in the first instance. Dewitt Clinton was regarded as too young a man for the office of Governor, and the recent Federalism of Judge Spencer constituted a serious objection to his nomination. Morgan Lewis, Chief Justice of the Supreme Court, was finally selected, m tlic room of Mr. Lansing, and an address in his lavor was drawn up, and signed, by one hun- dred and four, of the one hundred and thirty-two members of the Legislature. .
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1804r— Detent of Col. Burr, aiul Election of Morgan Le\vi« — Prf>s- pects of ijurr, and his antipathy tu Hamilton — Gen. Hauuiton'j course at the April election— Correspondence and Uuel with Burr^udge Kent appointed Chief Justice^ and Daniel D. Tomp< kins a Jud^e> of the Sapreme Court — He-election of Jefferson — Oeorge Clinton chosen Vice President — Legislative session of 1805 — Corrupt means used to procure the Chnrtpr of the Mrr- chant*?* Bank — Improvement of the roininon Seho^ Nofthe Stntr — William W. Vim Nes^? — Obadiah GiTiniin — ^)is^.ilJ^^:lctioIl ofthe Clintons, and Judga Spencer, with ilio Adtnini?lration of Gov. Lewis — April Election — Joseph C. Yates— Controversy between the Clintonians and the Lewisites — Course of the Republican journals in the State — Jesse Buel — Conduct of Dewitt Clinton- Attempt to unite with the Burrites — Legislature of 1800 — A Clintonian Council elected — Removal of the Lewisites from office — Archibald Mclntyrc — Activity of Gov. Lewis' frienfls during the summer and fall of l^f)^] — Mt-eting of the Legitjlature in 1S07 — The Lewisites and Federalists elect a new Council of Ap- pointment—Restoration of the Lewisites to office— The Federal* ists and Borrites ; Iso taken into fiivor- William W. Van Kese appointed a Judge of the Supreme Court — Caucus held by the majority ofthe Republicans, to nominate candidates for Governor and Lieut. Governor — Dr?niel D. Tompkins, R!id John Broome^ put in Domination— Lewisite Caucus — ^Re-numination of Gof, Lewis — 1^07,
The whole number of votes cast for Governor, at the election in April, 1804. was fifty-two thousand nine hundred and sutty-eight ; of which, Morgan Lewis received thirty ihoii^and eight hundred and twenty-ninei and Aaron Burr twenty-two thousand one hundred and thirty-nine. The defection of OoL Burr's Republican friends was fully counterbalanced, by the votes of those Federalists who concurred with Gen. Hamilton in opiuiou, aud others, who had de-
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termined on leaving a party which now appealed ta
be ia a hopeless minority. The Republicans secured a large majority of the Assembly, and elected all their Senators, viz : Ebenezer Purdy, and Thomas Thomas^ from the Southern District ; Samuel Brewster, and Ste- phen Hogeboom, firom the Middle ; Stephen Thomas, from the Eastern; and Jedediah Peck, and Henry Huntington, from the Western District. Daniel D* Tompkins was chosen a member of Congress from the city of New- York, at this election ; and William W. Van Ness, a young man of promising abihties^ was elected to the Assembly, from Columbia county.
The political fortunes of Col. Burr were completely prostrated by this defeat. Whatever hopes of ad- vancement he might previously have entertained, they must have been entirely dissipated by this un* favorable verdict of the citizens of his own State. Disappointed in all his ambitious aspirations, and thwarted, at every turn, by Gen. Hamilton, whose friends, Messre. feayard, of Delaware, and Morris, of Vermont, had elected Mr. Jetierson President, and whose eloquent denunciations of his political course had defeated him m the recent Gubernatorial contest, he seems at once to have turned all his energies towards accomplisliiug the ruin of his great rival ; and a spirit of revenge was excited, and niursed in his bosom^ which was never allayed until this obstacle had been removed from his path.
The alledged ground of offense, which led to the duel between Hamilton and Burr, was a remark inaa electioneerm^ letter, written by DocU Charles D. Cooper, of Albany ; in which the writer stated, that
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Gen. Haimliou dined at Judge Tayler's, while in att^-i.d- aoce at the term of the bupreoie Ck^urt, in Febraary^ 1804, and on that oceasion declared himsdif opposed to C!oL Burr, and expressed a preference for Chancellor Lansinc^. Mr. Cooper also said, that "he could detail a still more despicable opiaiuii** of Burr, u i.xii Ham- ilton had avowed. The letter in questioo, comiug m it did from an inmate of Judge Tayler's bmily, and the husband of his adopted daughter, bore such an appearance of authenticity, that on the ISth day of July, and immediately after it came to his knnwledsre, fiurr addressed a note to Uaoulton, demanding **a prompt and unqualified ackoowledsrment, or denial, of having said anything which warraniL'i such an expression'^ as that above stated. Gen. Hamilton, ia his reply, daied on the 20th of July, aliirmed that ibe charge of Col. Burr was too vague and indefiniltf to require "an express admission or denial:" and added, that he was ready to avow, or deny, any de- clarations imputed to him, which sfaoald be speeifiealiy pouited out. This note, unfortunately for its author, although we could hardly expect an3rthnig diffefwi from an independent and high minded man, eooelod- ed as follows: "I trust, on further r» ri^ciion, you wll see the matter in the same light with me. If not, I can only regret the circumstance, and muMi Qbae the consequences f thns idainly hmfmg tbn
hostile meeting which ensued. This r*^;p:y fol- lowed by a still more offensive note from BtfTi^ which was answered by Gen. Hamilton, who. at tli0 sMOia
time, put a paper into the hands of his ftMsnd, JI/#
Pendleton, to be communicated to Coi. fimr, m wfaieh
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he 4€^clared his readiness to give a definite reply to any note couched in proper language, and bis ability to shoWy that the conversation alluded to by Doct Cooper was solely of a political character, and uncon- I neeted with any imputations upon Mr. Burr's conduct | as a private citizen. This last letter of Hamilton was followed by a note from Burr, treating the reply ' of the former as a ^'mere evasion," and demanding' satisfaction. The challenge was accepted, and was 0oon followed by a meeting at Hoboken, which ter- minated fatally to Gen. Haiiiilton. The death of this great man, whose fame and public services were acknowledged by men of all parties, who united in paying the last tribute of respect to his memory, in- flamed the pubUc mind to such a degree, that Burr was compelled to fly froiii the scom and reproaches that followed him, and was exiled from New- York and New-Jersey, as a murderer.
Gov. Lewis called the Council of Appointment | together, immediately after his inauguration. Judge [ Kent was appointed Chief Justice, to fill the vacancy occasioned by the resignation of the Governor, and Daniel D. Tompkins, then only thirty years of age, was selected as an Associate Judge. At the same * meeting, Peter B. Porter was removed firom the office
of Cleric of Ontario county, on account, as it was sup- posed, of his friendship for Col. Burr. On the 10th 1 of November, another session of the Council was held, at which, Maturin Livingston, a bioiher-in-law of ' Gov. Lewis, was appointed Recorder of the city of ' New- York.
The Legislature met in November, for the purpose
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of choosing Presidential Electors. Mr. Sheldon was
re-elected Speaker. After the choice of Electors, Doct. Samuel L. Mitchell, a learned but eccentric man, was elected to the United States Senate, in the
place of Gen. Armstrong, whom Mr. Jelitrson had appointed Minister to France. The result of the Presidential election was an almost unaiuuiuus ex- pression of confidence in the national administration ; Mr. Jefferson and Mr. Clinton receiving all the elect* oral votes, with the exception of fourteen, which were given for Charles C. Pinckney and Rufua King.
The regular annual session of the Lejrislature commenced on the 22d day of January, 18Uo. John Schenck, Joshua H. Brett, Jedediah Peck, and Stephen Thorn, were elected members of the Council of Ap- pointment.
The Joint Stock Company, composing the Mer- chant's Bank, renewed their application for a charter at this session. This Company, which consisted mainly of merchants, had been in operation lor a immber of years, and had done a safe and prosperous business. Dewitt Clinton, and his friends who were interested in the Manhattan Company, John Tayler, Ambrose Spencer, and other leading Republicanff connected with the State Baiilc at Albany, opposed the application, for two reasons, viz ; that the addi- tional bank capital contemplated in the charter, was not required in the city of New- Yoriv, and that, as it would be Under the control of Federalists, the Repub- lican party would be iujiu-cd thereby. This an jn^t re- sistance to the passage of the bill, was followed by still niore indefensible acts on the part of the applicants*
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Upon an iavestigatioa subsequently made, in reiatiioy^ to the means employed to obtain the charter, it ap» peared, that John Ballard, Gurdon Huntington, an4 Peter Betts, members of the Legislature, had beesa told, that if they would vote for the bill, they should liave the right to subscribe fox a certain number shares, which would be guarantied to be worth twentjiF- five per cent advance. It was also proven, that Ebe- nezer Purdy, a member of the Senate, bad made the oflfer to Stephen Thorn, also a Senator, to subscribe for thirty shares, and agreed to advance him five pounds for each share, and a similar offer to Obadiah German, to take fifty shares, with a guaranty that he should realize one thousand dollars profit. These facts were shown, by the depositions of the gentlemen to whom the offers had been made, and led to serious dispute and altercation. Notwithstanding the con- elusive character of the testiuiony, showing the corrupt means employed by the agents of the bank, ^e bill was finally passed; all the Federal Senators, and Messrs. Piudy, Savage, Hogeboom, Burt, ao^ other Ftcpuhlicans, voted in its favor. Gov. LcAvis, and his brother-in-law, MaturinLivmgston, supported the application. The manner in which this bill was forced through the forms of legislation, excited the public mind to such a degree, that no other bank
charters were granted for a senes of years. . On the 2d day of April, an act was passed, in pursuance of the recommendation of Gov. Lewis, appropriating the nett proceeds of the first live hun- dred thousand acres of the public lands belonging- to tjie State, which should be sold, as a permanent fund
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iSfi^e Wfqiort of commoii schools. But IMe otheir
business of importance was transacted diirincr thft session. The Federal party in tiie Assembly^ were headed by WilliBm W. Van Ness, whose eloquence and fascumting address rendered him highly popular with his party friends. The leading man in the Democratic ranks, was Obadiah German, of Chenan- go county, an uneducated, but strong-oiiuded and clear*headed politician.
The friends of Messrs. Clinton and Spencer began to manifest their dissatisfaction with the administra-
«
tion of Gov. Lewis, before the close of the session ; but nothing definite transpired, })revious to the adjourn- ment * In the city of New-York, the charter of the Merchants' Bank was made the princi]>al theme of discussion, prior to the April election. Dewitt Clin- ton, and Ezra UHommedieu, were the Republican candidates for State Senators, in the Southern Dis- trict, and were nominated at a meeting which adopted an address, reflecting in pretty severe terms upon the conduct of the Legislature. The American Citizen, also, took strong and decided ground upon the subject, and openly charged the Senate with corruption. An attempt was made, at the instigation of Mr. Van Vechten, u Federal Senator, to iudict the editor, Mr. Cheetham, for a libel, but the Grand Jury of New- York refused to find a bill. Judge Hobart died this year, and the office of District Judge was conferred on Matthias B. Tahnadge; Brockholst Livingston having declmed the appointment, which was tendered to him by the President. At the April election, two Republicans were sup-
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P0UTXC4.L rA&TI£S
ported for Sonators, ia the Eastern District, ia opgo- sition to eaeh other. Joseph C. Yates, afterwards Judge of the Supreme Court, and Governor of the State, was nominated by the Republicans of Schenec- tady, and Mr. Ciuackeaboss was the candidate of the Albany democrats. The Albany Register treated the nomination of Mr. Yates as irregular, and a large majority of the Republicans in the district voted for Mr. Cluackenboss ; but as the whole Federal strengdi was tlirowu in favor of the former, he was elected. The Senators chosen at this election were, Messrs* Clinton, and UHommedieu, from the Southern Dis- trict ; Peter C. Adams, and James G. Graham, from the Middle ; Joseph C. Yates, Adam Comstock, and John Veeder, from tlic Eastern ; and Natlianicl Locke, and John Nicholas, from the Western District. The Republicans maintained a large preponderance in the House of Assembly.
Soon after the sjHring election, the difTerences be- tween Messrs. Clinton and Spencer, on the one hand, and Gov. Lewis on the other, wluch do not appear to have interfered with the canvass, began to be made public. The American Citizen, and the Albany Regis- ter, the leading Democratic journals in the State, came out openly against the Governor, and those Republi- cans who continued to act with him. Ou the other side, the Poughkeepsie Journal, which was supposed to be controlled by Doct. Tillotson, the Secretary <rf State, denounced Mr. Clinton and Judge Spwoer, in the neverest terms. This paper was, in the course of the siunmer, united with the Mornmg Chromci^ Mr. Burr's organ in New- York, and a^Et^rwaida ap-
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peared under !iie name of "The Poughkeepiie Bin* rometer." The Piebeiau, ai^, a Kt publicaii papei m Ulster county, cmducted by Jesse Bodi^ took groand with the Goveiaor. The ostensible ground ol coia- plaint against Gov. Lewis, was his coodnet ia&Yori^
the chaiter of the Merchants' Bank, and his alleil^ed uofitn^ for the office which he hdd ; but the leai cause of the disafiection of Mr. CSinton, and his ftimiiii was, undoubtedly, jealousy of the iocrea^ing pofni- laritjr and influence of the Livingston haOj, whose members filled a large proportion of the best othc^ in the State. Mr. Clinton was an amhinoHS mm^ indefatigable and persevering, and dcteimitiad om putting his own shoulder lo the car wliK;h should tear him onward to fortnne and iame. Whstorarhe did, he did with all his might. Whcu he had once determined upon a certain plan of opeatioos> he kA nothing untried, which could insure his sneem.
During the summer of 1805^ Mr. Clinton made great efforts to strengthen himsetC; and thefiicttdsef the Governor were equally active. Ahhough a nu- merical majority of the Republican members eieded to the Legislature were friendly to CHntOD, the influence of the Livingstons detached a great number ol the imk and fileofthe Democratic imrty from his supfMHTt Amk was feared that the Federalist.^ would unite with the adherents of Gov. Lewis, and thus give Ihea Ihe control of the State, eflbrts were made to indn^: the Burrites to jom their forces wilh the Chmontaas^ Several interviews were had lietpesu Gen. BaBey , m 'tfie part of Mr. Cimton, and John &wartwout : amd, iobadquenliyi on the 2Ath of Jannary, 1106^ Mr.
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Clinton met Col. Swartwout, Matilicw L. Davis, Peter Irving, and Ezekiel Robins, the most inHuential aftd zealious Burrites in the city of New- York, at the house of his frieud. Gen. Bailey. On the 20th of Eebruary, a meeting of leading Ciintonians and Burr- ites was held at Dyde's Hotel, near New-Yoilc, at which the union of the Republican party was the principal theme of discussion. On the 24th of the same month, a large gathering of Republicans, com- posed of Burrites, Ciintonians, and the friends of the Governor, was held at Martling's Long Room, in the City, at which the proceedmgs of the former meeting were emphatically denounced. Mr. Clinton himself, a few days afteiw ciids, signified his approbation of the course pursued at Martling's, but his opponents were for a long time known, tliroughout the State, as ^Martling Men/ The Legislature met on the 28th day of January,
1806. Mr. Sheldon was again chosen Speaker, and Mr. Southwick, Clerk. The case of »Stephen Arnold, who had been convicted in Montgomery county, of nmrder, in punishing a child so severely as to cause death, for refusing to spell or pronounce a word, and whom the Govciiior had reprieved on the day he was to have been executed, was brought before the Legis- lature. The conduct of the Governor, who enters tained the opiiiion that the case was one of man- slaughter, instead of murder, furnished his opponents with a powerful argument to excite the public indig- nation against him. After some discussion, a law was passed, commuting the sentence to imprisonment for life, several of the Governor's enemies voting in
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its favor. At a caucus of the Republican members of the Legislature, Dewitt Clinton, Robert Johnson, Adato Comstock, and Henry Huntington, were nominated to form a Council of Appointment, and were after- wards elected by tlic House. This unusual course of holding a general caucus, instead of allowing the Republicans from each district to select their own candidate, as had previously been the custom, was adopted in order to secure the election of Mr. Clintoni a majority of the Democratic members, from his dis- trict, being opposed to him. Gov. Lewis' friends pro- tested, but without effect, against this infraction of an established usage.
On the 16th of March, Mr. Clinton offered a reso- lutioii ill the Senate, for the expulsion of Ebcnczer Purdy, alledging that he had been bribed in the mat- ter of the Merchants' Bank, at the previous session, and had attempted to bribe Messrs. Thorn, and Ger- man. No action was taken on the resolution, except to fix on a day for its consideration, as Mr. Purdy resigned his seat on the next day after it was offered. A bill, introduced by Richard Riker, of New- York, for the prevention oi bribery, and having especial refer- ence to the same case, was passed on the 7th oi April.
The Council of Appointment commenced their war of extermination against tire Livingston interest, on the of March, by the removal of Maturiti Liv- ingstoii from the Recordership of New-York, and the appointment of Pierre C. Van Wyck, one of the most active agents in getting up the Martling meet- ing, to fill the vacancy, Thomas Tillotson was re- moved from the office of Secretary of State, to make
8
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114 POLITICAL PA&TIES
room for EUsha Jenkins. The office of ComptroU^,r
which Mr. Jenkins had vacated, was bestowed 0» Archibald Mclntyre* Gov. Lewis, and Mr. Hunting- ton, who, although a friend of Mr. Clinton, was a careful and discreet politician, protested against these removals ; but the majority of the Council were de- termined to do the work thoronghly, and proceeded to remove a large number of Sheritis, Clerks, Surro- gates, County Judges, and Justices of the Peace, and filled their places with men known to be opposed to the re-election of Gov. Lewis.
The Federalists did not renuua indifFercnt specta- tors of the struggle between the rival interests in the Democratic party. On the contrary, they soon ral- lied around William W. Van Ness, and other leading men in their ranks, who proved to be the most active and efficient supporters of the Governor. The rusuU of the April election, therefore, was the choice of a majority of members, including Federalists, friendly to Gov, Lewis- The Senators chosen this year were, Benjamin Coe, and Jonathan Ward, from the South- ern District; Elisha Barlow, and James Burt, from the Middle ; Jacob Snell, from the Eastern ; and John Ballard, Salmon Buel, and Jacob Gebhard, from the Western District. The Senators from the JMiddle and Eastern Districts, attached themselves to the Gov- ernor's party, who were called Lewisites, or ' Quids.' At the corporation election in the city of New-York^ the Lewisites and Federalists secured a majority of the Common Council, and forthwith removed all the Clintonians holding office under the city govern-
meat.
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Gov. Lewis' friends made active ezertionai during
the summer and fall of 1806, to increase their strength ; and, as it was evident be could not be re-nominated by a majority of the Democratic men^ bars of the Legislature, a meeting was held in New- Yorlc, on the 1st day of January, 1807, at which he
was put in nomination as the liupublicuu candidate for Governor. Circular letters were also addressed to all the doubtful Republican members, previous to the meeting of the Legislature, ruiiuesting them to call on Abraham G. Lansing, Treasurer of the State, and a warm friend of the Governor, as soon as they arrived in Albany. The session commenced on the 27th day of January, and Andrew McCord, of Orange county, the Lewisite candidate for Speaker, was elected over Mr. Sheldon, who was supported by the Clinto- nians, by eleven majority. Gerrit Y. Lansing, a son of the Treasurer, had six majority over Mr. South- wick, for Clerk. On the 28th of January, the sembly elected a Lewisite Council, by an average majority of nine, consisting of Thomas Thomas, James Burt, Edward Savage, and John Nicholas. After the result of these votes, which was produced by a union of the Federal and Lewisite forces, it was charged by the Clinlouians, that a bargain had been made, by which William W. Van Ness was to be appointed Attorney General. Whether the charge was true or false, is now mere matter of conjecture, as the appointment was never made. That there was some understanding in relation to the division of the qpoils, is highly probable, as Mr. Van JNess, on the 9th day of June following, was appointed a Judge of
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POLITICAL PARTIES
the Supteme Court of the State, in the place of Block-
hoist Livingston, who had been removed to the bench of the United States Supreme Court, by the same Council who were indebted for their election to the influence and the votes of himself and his friends.
The Legislature reflected Gen. Smithy to serve another term in the United States Senate ; the two divisions of the Democratic paity having united for the purposes of the election*
At the first meeting of the Council elected this winter, the Lewisites commenced the work of remor- ins: the Clintonians, and restoring their firiends to otiice. Dewitt Clinton was removed from the Mayor- alty of the city of New-rYork^ and Marinus Wilietl appointed. The appointnicnt was first tendered to Smith Thompson, who declined accepting it. Matu- rin Livingston, and Thomas Tillotson, were restored to the offices of Recorder of New- York, and Secretary of State, from which they had been removed by the previous Council ; and Ogden Edwards was ap- pointed Surrogate of New- York, in the place of Syi- vantis Miller, removed. The Federalists and Burrites came in for their share of the offices ; Thomas Mor- ris, an active Federal leader, was appointed Clerk of the city of New-ldik, in the place of Tennis Wort- man, removed, and Isaac JUibbe, one of the most noisy partisans of Col. Burr, was made Harbor Master. Al* though the conduct of this Council was severely cen- sured by the Clintonians, it was defended by the Lewisites on the other hand, as being fully warranted by the prescriptive course of their predecessors. So . &r as it partook of the character of retributive justice,
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it WHS, perhapsi defeosiblei in a poiot of view } but vre are constrained to believe that the interests of the State were not regarded, as they were not pro* xKM>(ed| by the operations of either Counoil.
The majority of the ilc])ublicau members of the li^i^laturoj held their caucus for the nomination oi a candidate for Governor, on the eveniniif of the 16th of February. The selection of a name which would bring out the whole strength of the Anti-LewisiteS| was a matter attended with some diiliculty. Dewitt Qlintoa was objected to, on the ground tliat he had been so intimately identified with the removals from Q&ce^ which had taken place during the two or tlxree previous years, as to have excited animosities and heart-burnin^Sj among thoiie who had been prOw^cribed, and their personal friends, that would seriously preju* dice his success. It was also urged against his nomi* nation, that his conduct was too dictatorial ; that the interests of the party seemed to be regarded by him as inseparable from his own ; and that his manners and deportment were cold and unprepossessing. Judge Spencer was now a member of the Clinton family, he having married a sister of Dewitt Clinton, as his second wife ; and, in all the political opjsrations of the last several years, he had been the faithful Achates of his brother-in-law. His name, therefore, was equally out of the question. The caucus finally selected Daniel D. Tompkins, who was yet hardly known as a politi- cian ; but from his position as a J udge of the Supreme Court, added to his naturally estimable qualities of head and heart, had become extcnsiT^ely acquainted, wliilfe holding the circuits in the different counties of the
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POLITICAL PARTIES
State, and was every wheie held in the highest es- teem and regard. Another consideration, probably, had no little influence upon the nomination of Mr. Tompkins, whose talents were of a superior charac- ter, and promised to become exceedingly fornndable to those who attempted to use him to subserve their own individual ends ; the fact, that he had no family connections, whose claims upon their relative, in ihe dispensation of the Executive patronage, could possi- bly interfere with those of llie Clintons. Lieut. Gov. Broome was nominated for re-election, at this caucus ; and before its adjournment, an address was adopted, which was signed by sixty-five Republican members of the Le^slature.
At tl io Lewisite Republican caucus, held a few days afterwards, Gov. Lewis, and Thomas Storm, were nominated as their candidates for Governor, and Lieut. Governor. The address adopted on this oc- casion, was signed by forty-five members.
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CHAPTER VL
t807«»Cau9esof Chtncellor Lansing*s refusal to accept the nonuQt* tion for Governor in 1804 — Defeat of Gov. Lewis, and election of Daniel T). Tompkins — Trial of Col. Burr for treason; his subse- quent conduct and death — Orders of the Kngliah Council, Berlin and Milan decrees, and the Embargo law — Course of the Clin- tons— Session of the Legislature in 1808 — ^Joseph C. Yates ap- pointed a Judge of the Supreme Court^Removal of Mr. Wood- worth, and appointment of Matthias B, Hildreth as Attorney General— David Thomas elected Treasurer, in the place of Mr. Lansing — John W. Taxior, Samuel Yonnp^, Mnrtin Van iJurcn — Nomination of Jamo>' Madison, jind Geori^e Clinton, as the Re- publican candidatod tor President, and Vice President — Disaf- fection of the Clintons — April Election in lsO*> — Effect of the Embargo law on the result — Attempt of Gov. Lewis, and the lavinffston family, to prostrate Dewitt Cliuton^Setoion of thtt L^suture in NoTsmber, and choice of Presidential Electoral* Elation of Madison and Clinton — Meetings of the Martling Men in Now- York — Annual session of the Letrislalure in l^W — Dewitt Clinton and the Federalists — Abraham Van Vechten, Daniel Ca- dy, Jacob R. Van Rensselaer — Nathan Sanford, Roirer Skinner, Obadiah German, Derick L. Van Antwerp — Mr. German elected to succeed Doct. Mitchell in the United States Senate — Treaty between Mr. Erskine and the American Government; iti disa- Towal by Great Britain, and effect on tlic politics of this country —April Election of 1809 — Success of the Federalists — ^The Bal- ance and New- York Jonrnnt — The Columbian — Nomination of Jonas Piatt, the Federal candidate for Governor, and Nicholas Fi«h, for Lieutenant Governor — Lesrislative session of 1810 — Re- movals made by the Federal Council — Preparations for the April election — Re-nomination of Tompkins and Broome — 1810.
A SHORT time previous to the April election, in
1807, an exposition was made by Chancellor Lansing, of the circumstances attending his nomination, as the Republican candidate for Governor, in the winter of 1804, and his refusal to accept it. He alledged, on his part, that an attempt was made by George Clinton,
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then Goveniar ci the State, to induce him t6 pled^
himself to "a particular course of conduct in the administration of the government of the State/^ and the appointment of Dewitt Clinton as his suc- cessor in the o&ce of Chancellor. The Vice President peremptorily denied the allegations of the Chancellor ; and Dewitt Clinton himself, who afterwards took part in the controversy, affirmed that he never desired the office. The Clmtoiis were probably anxious to have the patronage of the State in the hands of those who were not inimical to them, but it can hardly be possible that the younger one was willing to receive a judicial appointment, which must always be a mere secondary position, in the estimation of the leader of a political party.
The Federalists made no nomination for the Gu- bernatorial election. The great body of them sup- ported Gov. Lewis and Mr. Storm ; but a very large number, who had become disheartened on account of their repeated reverses, and saw but little prospect of redeeming the waning fortunes of the party, stbandon* ed their old associations, and took ground in favor of the nominee of the regular Democratic caucus. The election was conducted with much warmth and spirit, and terminated in the choice of Daniel D. Tomp- kins, whos«i majority, over Gov. Lewis, was four thou- sand and eiffhty-five. The whole number of votes cast, was sixty-six thousand mid sixty-three. Dewitt Clinton, elected to the Senate from the Southern Dis- trict ; John Tayler, Jolm Mc Lean, Charles Seiden, and Isaac Kellogg, from the Eastern ; and William Floyd aiid Alexander Rhae, from the Western, were
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PUBLIC LIBRARY
AfTOR, TLLSHM FOUMDATIOM
tifH.ur c.cu«nieH , N.v.
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GUatonkB RepuWcans. Eofaert WilHumiiiind. Jothna
H. Brett, were the Lewisite caxnlicUtes iu tUe iUiUdid District, and were elected.
On the 22d day of May, 1807, the trinl of CoL Purr, on a charge ''of treason against the United States, and of a misdenieanav in preparing and aettiag on foot, within the United Slates, the means ui a mili- tary expedition against J^exico,'' came on beibie the
Circuit Court of the United States, at Ricluiiond, Chief Justice Marshall presiding. A protracted and tedioua investigation was had, both oi the testimony adduced by the prosecution, and the legal questions involved in the case. It appeared on the thai, that Burr had
coinmeiiccd his operations early in the spring of 1805 i that he had been almost constantly engaged in traveling through the United States ; that his emissaries and agents were at work in Mexico ; that prominent individuals in England, and men of chaiw
actcr and wealth in tins conn try, lavored his enter- prise J that lie had had secret and conhdential intet* course with General Wilkinson, and other G&cem in the regular service; and that he was coimected with an assemblage of men which had taken place on Blennerhassct's Islaudj and witli the cuUection of provisions and munitions of war at several points on the Ohio and Cumberland rivers ; but it was found impossible to fasten upon him the eomanssion of any overt act of treason. He wasably defended by Luthar ^lartin, and Messrs. Wickham, Baker, Botts, and Ran- dolph. On the other side, were Messrs. Mc Kay, Uayt and William Wirt Under th^ charge of the Court, the jury brought in a verdict oX not guilty, on the
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indictment. Whether it was tht^ p an of Col. Burr lo seiee the city of New-Orleans, to reyolutionize the lenritory attached to it, and to s^arate the Western from the Atlantic States ; or the conquest of MexicO| although Spain was then at peace with this country; or a coiiibination and modification of the two ; still remains a doubtful matter. Generals Wilkinson and Eaton testified that Burr had made overtures to them, in which he had lunted, in pretty plain terms, at the tseparation of the States ; and a letter written by himi in ciphers, to Wilkinson, was produced by the latter, on the trial, and its contents introduced in eridenoe* But it was afterwards charged, and admitted, that the letter in question wbs altered befo] e its interpretation ; and Gen.^ Eaton confessed, on his cross examination, that he had recommended to the President, the ap- pointment of Burr on a foreign embassy, after he had been made acquainted with his designs. The testi- mony of both gentlemen, as to the treasonable plans of CoL Burr, was, notwithstanding, positive and dis^ tinct ; so much so, indeed, as to give foundation to the opinion, which was generally current after Burr's discharge, that he had escaped from the consequences of his acts, by means of a technical quibble.
Col. Burr sailed for Europe in the year following his acquittal, and attempted to enlist the English Go- vernment in an expedition against Mexico. Failing
in thiSj and being suspected of a connection with some dangerous schemes on foot, he continued hjs journey to Sweeden, from whence he crossed over to France, in the hope of obtaiinng assistance from Na- polem. But the mark of Cain seemed to have been
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firmly imprinted on his brow. Wherever he went, he was received with coldness and distnui. Lil«»
ally bankrupt, in fortune and in friends, he wandered about Europe for several years, exposed to hardships, and suffering privations, which he could never have ai>- ticipated amid the excitement of the Presideiuial elec- tion in 1800, when no man in the nation, with the ex- ception of Thomas Jefferson, was more popular than himself. He retiurned to New- York in 1812, and re- sumed the practice of the law, which he pursued wiA very respectable success, until near the period of his death, which took place on the 14th day of September, 1836, in the eighty-first year of his age.
The war between France and the other European powers, was continued during the year 1807, without cessation, and as there was a great demand for Amer- ican produce, the carrying trade of the vessels owned in the Northern and Middle States, had now become liighly profitable. The jealousy entertained by the British Government towards the United States, led to the adoption of an order in Council, by the terms of which ail intercourse between France and America was suppressed. The French authorities, by way of retaliation, issued the celebrated Berlin and Milan decrees, under which American vessels, trading with Enefland, were liable to seizure and coiidomnation.
9
After an unsuccessful remonstrance against the con- duct of France and England, Mr. Jefferson recom- mended the famous Embargo on all American ship- ping— a measure, which, so far as it affected the national policy, was certainly wise and proper, as it cut off at once the necessary suppUes of the belligerent
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powers ; but ia its operation upon private mterests, it wmt no doabl, ezicoedmgly iajorious. ImmediatelT
after the passage of the Embargo Act, iu Congress, a piibUc meeting wa3 bold xu the city of New- York, at wtMh Dewilt OUnton' presided. Reaolulioiis wen eidopted, disapproving of the Act ; and the American Ciliaen, the OiiotoDiaQ paper in the city, nnspanngly denounced it. The Federalists, throughout th^ Umon, took the same ground, while the Repubhcans^ generally, approved of Mr. Jefferson's course. Dewitt Clinton also changed his ground, early in 1808 ; but Mr. Cheetbam, the editor of the Citizen, continued his opposition to the measure, and charged Mr. C. with bad faith, ui deserting him at such a crisis.
Alexander Sheldon was chosen Speaker of the As- sembly, at the amiiiai session of the Legislature iu 1806. Daniel Kodnoan was elected ov^ Mr. Lansing, Ae former Clerk, by thirty-nine majority. Gov. Tompkins revicAved, at length, the policy of the Em- bargo Act, in his speech to the two houses, and de- fended tlie course of the National Government with gxeat aUlity. An answer to the speech, in accordance with the Governor's views, was adopted in the Assem* Uy, alter an animated discussion, by a vote of sixty- two to twenty-two. On the Ist day of February, Benjuniiii Coe, Peter C. Adams, John Veeder, and Nathan Smith, were elected members of the (^ouiM^ii ei Appointment, and immediately commenced re- moving tlie Lewisites from oflice. Dr. TiUotson gave place to Mr. Jenkins, who was again appointed Secretary of State. Dewitt Clinton ^vas restored to the Mayoralty, Pierre C Van Wyck to the iiecorder*
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ship, aftd Sylvafiiis Milter to the oftoe cf Siiifugirte,
of the city of New- York, The vacancy on the bench of the Supreme Court, occasioned by the resignatioii
of Gov. Tompkins, was filled by the appointment of Joseph 0. Yates. Mr. Woodworth was removed from the offioe of Attorney General, on aceount of his ad- herence to Gov, Lewis, and Mattbuis B. Hildreth, of
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Montgomery county, appointed in his j^ace. The
Legislature was determined not to be outdone by the Council, and, as the Treasurer of the State received his appointment from them, Mr. Lansing was lemoir- ed, and David Thomas elected to succeed iiiin.
John W. Taylor and Samuel Young, were appoint- ed Justices of the Peace for the town of Ballston, Saratoga county, on the 18th of March; and new commissions were sent to Justices throughout the State, wherever it was necessary that the influence of the central power should be felt. On the 20th of March, Martin Van Buien was appointed Surrogate of Cohmibia coimty. He was then a young man, but he had early given indications that he possessed abilities of a superior order, and was now an active politician in the county where he resided.
Before the close of the session of Congress, hdid in . the winter oi 1808, a caucus of the Republican mem- bers was held, at which James Madison was nomin- ated for President, and George Clinton for Vice President The New- York Republicans, and espe- cially the Clintons, and their immediate friends, had confidently looked ioxward to the nomination oi' Mr. Clinton, as the successor of Jefferson. Mr. C. himsdf hesitated about the acceptance of the nomination of
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Vice President, but did not decline in the end. The
subsequent dispute and hostility, between Dewitt Clinton and Uie Virginia dynasty/' had its origin in this alledged injustice to his uncle. Seventeen Republican members of Congress protested against the nomination of the caucus, among whom were John Kuss( II, Josiah Masters, George ChiUon, Jr., the brother of Dewitt, and Peter Swart, of this State. The Albany Register expressed a pitlL k iice for Mr. Clinton, as President, but did not attempt to mipeach the sound- jEiess of Mr. Madison's opinions on political questions.
Beibre the adjournment of tlie 6 lute Legislature, an address was adopted, and signed by eighty-nine mem- bers, ap[>roving of the measures of the National and State administrations, and mging tlie support of Mad- ison and Clinton.
The Federal party made a vigorous rally at the April election. The reduction in the prices of pro- duce^ tlio single article of wheat having fallen from two dollars to seventy-five cents per bushel, in conse- quence of the Embargo Act, operated powerfully in their favor ; but, as all the official patronage was in the hands of their opponents, they were only able to reduce the Republican majority in the Legislature. David Hopkins, the Federal candidate, was elected ' to the Senate in the Eastern District ; and Edward P. Livingston, a Lewi&itc, la the Middle District. Bepjamin Coe and William W. Gilbert, elected from the Southern, and Luther Rich, Francis Bloodgood, Sylvester Smally, Walter Martin, and Silas Halsey, from the Western District, were Republicans.
Gov. Lewis and the Livingslou family, and a ma-
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jority of their friends, in connection with Col. Swart- wout, Matthew L. Davis^ and other leading Burhtea in New-Tork, came out in support of Mr. Madison^ shortly after his uoaimation, and vehemeotiy attacked the two Clintons, and Judge Spencer, on account of
their original opposition to the embargfo law: and charged them with hypocrisy in proiisssing difierent opinions, at this time, and with being secretly hostile to Mr. Madison. Several appointmeiUs made by the General Governmenti during the summer, were con*.
ferred on Barrites and Lewisites, or persons known to be opposed to Mr. Ciiiitoa ; and a Washington paper^ edited by a clerk in Mr. Madison's office, who waa then Secretary of State^ denounced the Clintons in unmeasured terms. A number of influential Repute lican journals, in different sections of the Union, took the same ground. Mr. Barber, the editor of the Albany Register, died on the 15th of July, and was succeeded in the management of the paper, by Solomon South- wick, a demoted personal friend of Dewitt Clinton.
The Legislature of New- York met on the 1st day of November, in order to choose Presidential Electors.. James W. Wiikin, of Orange county^ was chosea^ Speaker, The vote stood, for Wilkin, sixty ; for Van Rensselaer, the Federal candidate, forty-five. A dis*- position was manifested, on the part of some of the warmest friends of George Clinton, to choose Electors who would give the vote of the State to him for President; but this conrse was overruled by the ma- jority of the Republican members of the two houses* who would not concur in any such ikrrangement. The result was, that Electors were chosen without
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reference to their individual opinions on the Presiden- tial question. Ambrose Spencer and Henry Huntington headed the Electoral ticket. Six of the Electors voted for Geor^ Clinton, for President, and the residue for Mr. Madison. Mr. Madison, and Mr. GiintoUi were eventually chosen to fill the offices for which they had been nominated ; Mr. Madison receiving one hundred and twenty-two votes, and Mr. Clinton one hundred and thirteen. The opposing Federal candidates were, Charles C. Pinckney, and Rufus King, each of whom received forty-eight votes?. John Langdon received nine votes, for Yice President ; James Madison, three ; and James Monroe, three.
After the election of Mr. Madison, the Lewisites continued their operations to destroy the influence of Dewitt Clinton. By far the greater share of the power he had previously wielded, was derived from bis sup- posed position, as the supreme dispenser of the Execu- tive patronage of the State. As soon as Gov. Tomp- kins became fairly seated in the chair of State, the influence of Mr. Cliiilon began sensibly to diminish. It was very natural that the Governor should seek to render himself popular,' and this was impossible, so long as another individual was regarded as the power behind the throne, who controlled all the appointments
to office. The Lewisilcs. too, were oflicioiis in under- mining Mr« Clinton's popularity, and the disappointed place-hunter was sure to be told, that all the blame was justly chargeable to that gentleman ; while the fortunate seeker for office was taught to look up to Gov. Tompkins as his friend and benefactor. Early in the fail and winter, meetings of the Mart-
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ling Men begaa to be held ia Mew-York, which appeared to have for their object, the political oyer- throw of Mr. Clinton. Mangle Minthorne, the father- in-law of Tompkins, was generally the Chairman of these meetings, and it was suspected that the Governor -encouraged them in secret, although he professed^ in public, to disapprove of their movements*
A short time before the annual session of the Leg- islature, a public meeting of the friends of the National administration was called, in New- York, which fur- nished an occasion for an attack on Mr. Clinton. The organ of his opponents in that city, the Public Advertiser, came out with a violent philippic, in which it was stated, that an abominable intrigue was said to be in contemplation to place Mr. Dewilt Clin- ton in the chair of the intended Republican meeting f that '^a measure so obnoxious to the Republicans, would destroy the harmony of the meeting;" and that he must establish a reputation for uniformity and •consistency of character, before he could ^'expect to attain the honorable station of a Republican Chair- man.'' The Albany Register pronounced the article
in the Advertiser, an un(|ualified libel ; and averred that it was well known m New-York, that Mr. Clin- ton was to leave for Albany, before the day appointed for the meeting.
The regular session of the Legislature commenced on the 27th day of January, 1S09. On the 31st inst., Mr. Clinton offered a series oi resolutions, in the Senate, approving of the measures of the National ^administration, and accompanied their introduction ^ UriSti an abte and eloquent speech) in which he re-
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^ the oiwumitances that led to the passage o£
the Embargo law, and the seditious conduct of Mas- sachusetts, and other tiastern States. It was on this occasion, that, in the course of a severe and cutting rebuke on the conduct of the Federal party, he charged them with always acting on the principle, that it was « better to reign in hell, than serve in heaven.' Thia quotation was aiterwards used agauist Mr. Clinton himself, duruig the canvass preceding the subsequent Presidential election, witli powerful effect. The Fed- eralists in the Assembly, introduced counter resolutions to those of Mr. Clinton, which led to an animated de- bate, that was ably conducted on both sides. The principal Federal speakers were, Abraham Van Yech^ ten, Daniel Cacly , and Jacob R. Van Rensselaer. The views of the BepubUcan party were defended by Na- than Sanford, Roger Skinner, Obadiah German, and Deriok L. Van Antwerp. Mr. Clinton's resolutions were adopted in the Senate, without , a division, and passed the House by a vote of sixty-one to forty- one,
Jonathan Ward, James G- Graham, Isaac Kdlogg,.
and Alexander Rhae, were chosen members of the Council of Appouxtment. The Council made no changes of importance this year, except that Solomoa Southwick was made Sheriff of the city and county of Albany. Before the close of the session, the Leg- islature elected Obadiah German, as the successor rf Doct. Mitchell in the United States Senate.
The contest between the Federal and RepubUean parties was conducted with great asperity, during the winter and spring of 1809. The iiyurious eflects ot
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the Embargo law upon the commerce of the coun-» try, furnished the Federalists with numerous pal« pable argmnents, which they used with f^eai rf* feet. But as they went so far in denouncing the National administration, as to condemn it for not
going; to war with FrancCj the old ])rejiidices of 1798 were at once revived ; and when the FederaiistSi par- ticularly in the Eastern States, began to urge that we had no just cause of complaint against Great Britain, the Republicans naturally indulged the hope that they would be able to maintain their ground, even in de- fense of so unpopular a measure. Early in the month of April, Mr. Erskine, the British Embassador at Washington, entered into a treaty with the Govern- ment of the United States, providing for the repeal of the orders in Council affecting the American trade, on the lOth day of June, 1809. A proclamation was immediately issued, setting forth the conditions of the treaty ; and copies of it were forth witii dis- tributed throughout the State of New-York ; but they arrived too late to affect the election, and the Federalists, in many cases, denied the authenticity of liie document, and pronounced it an electioneering
trick of the enemy. For the first time, since 1799, the Federalists succeeded in electing a majority of the members of Assembly. The vote on Senators, which was given by freeholders only, showed a Repub- Uean majority <tf seven hundred and thirty-one. The Republicans elected Israel Carl, in the Southern ; and Samuel I^aight and Johannus Bruyn, in the Middle District. Daniel Parris and John' Steams, from the Eastern District ; and Jonas Flatt, Seth
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PhfilpSf wd Amos Hall, from the Westeru, were Fed-
Tiie Republicans were so much elated at the proe^ peet of the repeal of the Embargo law, that the IDth day of Juao was celebrated as a day of triumph, m all the prmcipal cities aiid towns in the State, and Mr. Madison and his Republican friends and adviseis were lauded to the skies ; but these rejoicings weie soon brought to a close, upon the arrival of the intel- ligence that the British Government had disayowed the act of their Minister, The Federalists thereupon charged Mr. Madison with having entered into the arrangement with Mr. Erskine from corrupt motives, and in the full knowledge that the latter had no power to treat This charge, although evidenUy ua* founded, produced some impression, but it failed of ' leraoving entirely the odium wfaioh public opinion deservedly attached to the conduct of Great Rritain.
Mr. Croswell, who had formerly been indicted for a libel on Mr. Jefferson, removed this year to Albany, and commenced the publication of a Federal paper, entitled " The Balance and New-York Journal." The American Citizen, had long since lost caste with the Republican party, and Charles Holt, one of the victims of the sedition law in Connectiout, estab- lished a Clintoman Republican paper in Ne^jr-York, under the name of The Columbian."
On the 5th of January, 1810, the Federalists eonif menced the campaign, previous to the April election, by the nomination of Jonas Piatt as their candidate to Governor, at a meeting held in the city of Al- bany, ef which Abraham Yan Vechtea was Chairmani
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Gen. Piatt was one of the Senators elect from the Western District^ and one of the earliest pioneers in iBieeoantf of Oneida. Nicholas Pish was nominated| at a subsequent day, as the Federal candidate for Lieut Governor.
The Legislature convened on the 30th day of Jan- uary. William North, of Duanesburgh, was chosen Speaker, by fourteen majority, over William Liv- ingston, the Republican candidate. Gov. Tompkins' ^eech justified the measures of the National admin* istration, and advised the encourasfement of domestic manuiactures in the State, and the improvement of Ae common schools. The first business in order, was the choice of a Council of Appomtment There was not a single Senator from either the Southern
or Middle Districts, who had been chosen as a Fed- eralist, and the Assembly finally elected Israel Carl, fipom the Southern, and Robert Williams, from the Middle District. The Federal members chosen were, Daniel Parris, and Amos Hall. Mr. CarFs integrity, as a politician, was above suspicion ; but Mr. Wil* liams readily listened to the overtures of the opposi- tion, and united with them in bestowing the criffices, in the gift of the Council, on the most clamorous par- thume in the Federal ranks. It is sufiicient to add, that this des^ion of his {Nurty, at so important a crisis, was looked upon with so much abhorrence, Ihat he was never again honored with the confidence of his fellow citizens.
At the first meeting of the new Council, after re- rranoving the various incumbents, Abraham Van Yechten was appomted Attorney General ; Daniel
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Hale, Secretary of State ; Theodore V. W. Graham, Recorder of Albany ; Jacob Radelifff Mayor of Mew- York ; Josiah O. Hofllnan, Recorder ; John W. Mul- ligauy Surrogate ; and Cadwallader D. Golden, Dis- . trict Attorney, of that city. James Talmadge was removed from the oiiice of Surrogate of Dutchess coanty, to make room for Thomas J. Oakley, the son- in-law of Mr. Williams. Mr. Oakley was a young lawyer, of promising abilities, and is now one of the Judges of the Superior Court of the city and county of New-York. The Council made thorough work of the removals from office; and County Clerks, Judges, Sheriffs, District Attorneys, Surrogates, and Justices of the Peace, were constantly made to feel its power.
The answer to the Governor's speech elicited a lengthy debate in the Assembly. The Federal side of the question was supported by Messrs. Yan Yech- ten, Oady, and Grosvenor, who openly avowed the opinion, that we had less cause of offense toward Great Britain, than we had toward France. The Republican speakers were, Doct. Mitchell, of New- York, and Messrs. Skinner, Yan Antwerp^ and Corn- stock. The answer reported by the Federal comr mittee was adopted, by a vote of fifly-nine to forty- six. In the Senate, the Federalists were in a small
miiiority; and althousrh Gen. Piatt, and Mr. Parris, resisted the adoption of an answer sustaining the views of Gov. Tompkins, it was carried by a strong vote ; the substitute, offered by Gen. Piatt, receiving but six votes, to twenty-three in opposition. The
message of Gov. Tompkins, and the policy of Mr. Madison's admimstration, were ably d^ended by
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Dewitt Clinton, and Judge Tayler. No public busi- ness of geneial importance was transacted at this ^session. Previous to the adjournment, Abraham O. Lansing, who had proved a faithful and etiicient offi- cer, was again chosen Treasurer of the State.
The activity of the Federalists, in making prepa- rations for the approaching election, induced serious 'apprehensions in the minds of the intelligent and reflecting men in the Republican party, that their prospects of success were extremely doubtful. The
former, of course, regarded it as a hfe and duatli strug- gle with them, and they made every eHbrt m their fpower to increase their strength. The Republican jparty were by no means disheartened, and at the •caucus held by the members of the Legislature, on the 5th of February, Tompkins and Broome were re- nomniated, without a dissenting voice, Dewitt Clin- ton drew up the address adopted on the occasion, which was signed by all the Republican members. *Goy. Licwis was put in ncmiination in the Southern District, on the same ticket with Gov. Tompkuis, as a candidate for Senator.
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CHAPTER VII.
1810— April El«clioB-*Activit7 of both Pttftift— Inittence of the
National Government — The Non-Intercourae system substituted for the Embargo law — Re-election of Gov. Tompkins — The IM art- ling Men — Dewitt Clinton, as a political leader— Death of Lieu- tenarit Guvenior Broome— Session of the Legislature in 1811 — Movements of the Republican Council — Casting vote of George Clinton, on the Bill to re-chtitar the United States Bank— DewUt Clinton nominated as the Bepnblican candidate for lieateniBt Grovernor — The Mechanics and Farmers' fiaok^Efibrts of the Martling Men to defeat Mr. Clinton, and their nomination of Ma- pinua Willet — Tammanv Hall^ — Nicholas Fish noininated for Lieu- tenant Governor, by the Federalists — April Election of iall — Elec- tion of Mr. Clinton-— General success of the Democratic party — Bifficultied between Greiit Britaia and ibe United States-^Dewitt Clinton's determination to oppose Mr. Madison's re-ele<^on— Le^slature of 1812— Bank of America — Attempt to bribe mem* lu rs of the two hoqses— Prorogation of the Legislature by Gof. Tompkins — The Albany Register, and Mr. Clinton's friends, op- posea to the Governor — April Election — Federal majority in tne- ARsembiy — Death of George Clinton — Re-assembling ot the Leg- islature— Charter of the Bank of America — Nomination of De- witt Clinton, as the candidate of the Republican party in New- York, for President'— Opposition to the nomination in the Demo- eratic ranks— Declaration of war against Great Britain— Mr. Clinton supported by the Federalists— Meeting of the Legislature^ and choice of Clintonian Electors — Re-election of Madison — The Tammnnv Society — ^The Nntionnl Advocate — Henry Wheaton— Legislature of 1813 — Rufus Knii; elected United States Senator — Thomas Addis Emmett apj)ointed Attorney General — Gideon • Hawley — The 1 ederai Council — Re-nommation of Gov. Tump-
kins— ^phen Van Rensselaer the Federal candidate for GoTernor —1813.
The annual election in April, 1810, was conducted with much warmth and activity. The remo- val of the ilepublicans from oiiice had the natural tandency to call out all their forces. The Federal* .
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ists were equally detomuood on iMiatnmiiig the
cendancy which they had ac(j[uued after so luaay xevenes and dis^ppoialniaQts; bill the sutetkmiQii «C the Non-Inteicourse system for the Embargo law, the refusal of Great Britain to earry Mr. Erskiiie's treaty into effect, and the inflimuse of the National udminii^ tiaticm, were iiisurmouiitable obstacles ia the way of tbeiY success. The fiepublican party aehieTed a complete triumph in the State. Seventy^nine thoih sand five hundred and seventy-eight votes were cait for Governor. Mr. Tompkins received £Hty«thiiie
thousand and ninety-four, and Mr. Piatt thirty-six thousand £our hundred and aighty-Jbur. The Repu)^ licans elected their candidates for (be Senate, in aU the Districts, and a large miyority of the House of Assembly. The following were the Senators chewa at this election, viz ; Ebenezer White, in the Southern District ; James W. Wilkin, a^d M/o^^/m Lewia^ ia the Middle ; Henry Yates, Jr., in the Extern ; and Kathan Smith, Reuben Humphrey, Henry A. Town- send, and Philetus Swift, in the Western.
The operations of the Martling Men against Dewitt Clintoui during the sununer of 1810| were petsevac- ingly continued. Many of these persons weie in the confidence of several of the members of Mr. Madison's administration, and were secretly aided in tfaeit movt- ments by the influence of the General Government. Mr. Clinton possessed, in a remarkable degree, some of the most important attributes which go to make up the character of the leader of a political party. His unflinching reliance on his own energies, and the proud independence, and indomitable spirit, whieh he
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'displayed in diveettiif the elfoits of his frimds, who
looked up to him as their guide^ and who trusted in him to cany them safe through every emergency, and
sustain them in every crisis, must command our ad- miration. But the great delect in his coustitutio% the tendency to forget, and to neglect, the means 'which were necessary to his support. He was 4oo apt to imagine that he could mould every things, •on the spur of the moment^ in conformity to his wisli- -es. He disdained to rely on those resources which, more than all others, are necessary to a party chief ; and, Uke the gallant Harry Percy, he fancied he was a host in himself, but in the hour of his need, the spirits whom he summoned would not always re- spond to his call. The efforts of the Marthng Men, he treated, and without doubt in all sincerity, with imdisguised contempt j when they were cautiously, 4Nit suooessfuUy, laying theu: plans for his eventual -prostration.
Lieut. Governor Broome, who had been re-elected in April of this year, died in the month of August He was an estimable man, and a good citizen, and Im kas was regretted by a large number of personal friends in both parties.
The Legislature assembled on the 29th day of January, 1811* Nathan Sanford, of New-York, was •chosen Speaker, by thirty-one majority, over the Fed- eral candidate. Stephen North, of Delaware county, was elected Clerk. On the 30th instant, Benjamin Coe, James W. Wiikin, John McLean, and Philetus Swift, were chosen members of the Council of Ap- pomtment. The election of this Council was follow-
»
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cd by proceedings similar to those which had been wit- iiessedior two or thiee years previous. Removals and restorations were tfie oider of tfie day. Mr. HildveOi was re-appointed Attorney General, and Mr. Jenkins again became Secretary of State. The Mayoralty of New- York was restored to Mr. Chiiton ; and Mr. Yates ura&xe-i^ppointed Recorder of Albany. Every ottkeria die State^ of any consequence, with but very few ex- cepuoiis, was made to undergo the torture of the offi* end guillotine ; and, in some instances, the friends of Gov. Lewis were tan|»ht to fed, from their own expe* mmiOBf that they were as insecure in their places as the most open and avowed Federalists.
The impaired lieaith of Mr. tJanford compelled hun to resign the office of Speaker, on the 14th of FebriK ary. William Ross was chosen to fill his place.
An attempt was made in Congress, durmg the win- ter of 1811, to obtain a renewal of the charter of the United States Bank, which expired that year. The proceedings of the two houses, while the question was pending, excited considerable attention ; and the speeches on both sides, which were remarkable lor the display of a high order of talent, were read with avidity. The bill finally passed the House of Rep- resentatives, but was rejected in the Senate, by the easting vole of George Clinton, the Tice President. This act brought down upon that gentleman the severe censure of a number of Mr. Madison^s firiends^ who wielded an immense influence in the country, hut it ultimately proved to be highly popular with a large maj<nity of his countrymen.
Early in the session of the JNew^York Legislatursi
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m ael vas ptttMA, fimwdiug for tbe eleotkNi «f a
Iiieut Governor ; and, on the 14th of March, Dewitt (MmUm vas pat in ncwimatioa for the officey si a caucus of the Republican members. This selectkm was made with great unammity. The office itself VM nmely one of honori and bfonght with it no pecuniary emoluments ; but it is probable that Mr, OUmon was anxious to have some ostensible reason for being at Albany during the msmms of the Legis- lature, and takin§^ a part in the political movements which were constantly goii^ on at the Capitd* Before the close of the session, the Mechanics and Farmers' Bank^ of Albany, obtained a charter. By the terms of the act of incorporation, the Pvesident, md a majority of the Directors^ were required to be mechanics. These pcovisicMis were repealed in Solomon Southwick, who was, at this time, in the eajoymeat of a large share of public favor and pa» tnmage, as the editor and publisher of Ae Albimy Begister, the official Democratic journal in the Stat^ was the first President of the institution.
Immediately upon the arrival of the intelligence in £iew-Yc»:k| that Mr. Clinton had been put in nomi- mtffon as the B^ublican candidate for Lieut. Gbv^ emor, a meeting was called in Martling's Long Ex>om| ft puUio boose fronting the Park, now better known hfy the name of Tammany Hall. Mangle Mintliorne onesided at this meeting, and John Bingham officiated as Secvstaiy. After adopting a preamble and raM>l«- tions, setting forth their reasons for believing that Dewitt Clinton was ^ deterauned to estahtiriii in his pmou; a pernicious £unily aristocracy ; that devotion
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to him had been, in a great measure, made the ex- «liw¥6 tost o£ aumtj and the only pssspott to pioxm* tioB^'; that ht was opposed to ths slsoCioii of Mtk Madison to the Preaideucy, and could no longer be ispgideiad a membar of the Dsinocratic party ; Mam
nus Willett, an active Lewisite, was nominated as the Kepuhlicaa candidate fot Lieut. Govemori and a eoounittee appointed to promole his deetion, comisI* iogoi Teunis Wortman, a warm friend of Cl niton m the contest with Burr^ Dr« Samuel L. Mitehell, Jote Ferguson, and Matthew L. Davis. Col. Willett had been an officer ia the American senrice, during the QBTc^tionary war, and poesessed consideiaUe infln- mce and popularity. It was conhdently asaartedj ia Ae couxse of this struggle between the opposing factions in the Republican ranks, that President Mad- ison &YOied the enemies of Mr* CHinton ; and, as if to confirm the truth of the allegation, Nathan Sanfordi the District Attorney of the United States, in New Yofk, publicly acted with the supporteisof Mr.WiUstt Soon after the Martling meeting, the Clintonians smnmhled at the Union Hotel, the pnrpoee <tf ap» proving the nomination of Mr. Clinton ; but before they had proceeded to busmess, the Martlmg Men iqshfid in, and compelled them to sqaante in oen- fbsion. The Federalists selected Michdas Fish as thdr candidate for laeut Governor. Vimom to the
election, the manner of nominating the Republican can- didates for Senators was changed, instead of allow* iog the members of Asssmbiy from each District to
make the selection, District Conventions were held^
eoB^^oeed of detogatee fiom the dtflaent eonntise.
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. But iilllft anuBMlaoD pmwiled at the eleotioii, ett*
cept in the city of New- York, where a large number of Mr. Clintoa'ft opponents voled for tho Federal oaa-
didate. Tlic Federal Assembly ticket also succeeded in that cityi by over iourteea hundred majority j Sain- ml Jonesy Jr., the present Chief Jnetioe of the Supe- rior Court of New- York, and Peter W. RadcliU, were manMg the membeni elect. The Senators elected this year were, Nathan Sanford, from the Southern ; Wil- liam Taber^and JBrastus Root, from the Middle ; John Tayler, Boggles Hubbard,.Blisha Arnold, and SLetdiel Bishop, from the Eastern ; and Casper M. Rouse, from the Western District; all Republicans. Notwith- standing there were two candidates arrayed against him, Mr. Clinton was chosen Xaeut. Governor, by a large majority.
The breach between Great Britain and the United States, which commenced in 1806, continued giado- ally to widen, down to the year 1811, when it began to assume a far more serious and threatening aspect. On the first day of March, Mr* Pinckney, the Ameri- can Minister, fonually took leave of the Prince Re- fient After this termination of our diplomatic inter* course, it was generally thought that a rupture with the English Government was inevitable. The Ameri- can harbors were filled with French vessels, which were fitted out as privateers, and did considerable damage to the English shipping. On the 16th of May, the frigate President, commanded by Oommo- dore Rodgers, was attacked by the British sloop of war, Little Belt, whose officers vainly inuiguied ttisf were a match for a far superior force. The Little
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Belt l<mt ihurljr-two naeoy killed and weunded, in Ifaer
actiOQ, and was then maguaiiiinousiy permitted to return to its harbor. Tlie iDtelligence of this eoUi-
sion inflamed the feelings, and arouiicd the patriotism,. oC the Axaencan people, to the highest pitch. Tlie right of search claimed by the British GoTermnent, and resisted by the American, aliected too nearly the» national honor, to be yielded without a struggle ; andt an accommodation of this, and other questions in dis- pute, was rendered more difficult, on account of the refusal to recall the objectionable orders in Council, which was insisted upon by the authorities of the United States, as an indispensable preliminary to an^ definite arrangement. Pr^ident Madison seems, at first, to have inclined to the opinion, that the Non- Intedrcourse system would eventually bring the British: Government to terms ; and, therefore, did not recom- mend the adoption of decided and energetic measures. This alledged dilatoriness on the part of the Execu- tive, was severely censured by many of his warmest friends ; and upon the urgent remonstrances of Mr. Clay, and othcis, he was induced, in h]s annual mes- sage to Congress, tp call their attention to the impersr tive necessity of increasing the army, and raising money, for the purpose of protecting the interests, and^ defending the rights of the nation.
Amono^ others who complained of the inefficiency of Mr. Madison, was Dewitt Clinton, who, early ia the snnmier of 1811, began to make preparations for- takmg the field as the opposing candidate, at the ensuing Presidential election. In the then ezoiled state of public feeling, it would have been no difficult
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matter to persuade a larsfe number of the most ardent Democrats, that the prudence and caution of the Pres- ident, were indubitable evidences of mental weakness and cowardice; but when it was discovered that Mr. Clinton was acting in concert with the leaders of the Fedem! party,